Carmine Boal

Iowa House of Representatives

From the Iowa House

Week 8, March 2, 2007

 

 

Several pieces of legislation containing substantial changes to campaign and election laws are working their way through the legislative process.  The first bill to pass out of the House State Government committee would allow voters to both register at the poll and then vote on Election Day.

 

Under current law a voter must register to vote ten days prior to an election in order to be eligible to vote.  If this new legislation becomes Iowa law, a voter who missed the deadline would still be able to vote if he can present a valid driver’s license or another form of photographic identification as determined by rules to be written by the Secretary of State.  If the photo identification does not contain the person’s current address, he must also present a current document showing his name along with his address in the precinct.  The Secretary of State would also, by rule, determine which documents would be acceptable for determining residency.

 

If the person cannot produce the above documents, he may still vote if another currently registered voter in the same precinct attests to and signs an oath as to the identity of the person desiring to vote, as well as his residency in the precinct.  The newly registered voter may then vote with a standard, not a provisional, ballot.

 

Finally, to determine if the newly registered voter actually lives where he claims he lives, the bill requires the county auditor to send an acknowledgement to the voter within forty-five days after the election.  If the notice is returned to sender, the auditor is then required to send a second notice via certified mail. If there is still no response, the auditor is directed to cancel the newly registered voter’s registration and to contact the Secretary of State and county attorney.

 

County auditors are mixed on their support for this legislation.  They acknowledge the change will cause a great deal more activity on Election Day, particularly in the case of general elections in years when a president is being elected. This not only will require more election officials, but is sure to cause a greater delay to voters at the polls. It also requires additional duties for the auditors after the election to determine the authenticity of the new voters.

 

Although proponents of this legislation claim no voter fraud has occurred in the handful of states where this practice is allowed, I believe same-day registration is ripe with potential for fraud.   Although the Legislature has directed the Secretary of State and county auditors to create a state-wide, real-time voter data base, it is not yet in place.  Without the assurance that a voter is blocked out from voting again after he has cast his vote, there is no assurance a voter registered in one precinct would not attempt to both register and vote in another precinct.  Fraud such as this is already possible with college students who register to vote based upon their Iowa college residence, but who could also vote absentee in their home town based upon their home town address.  I don’t think it is wise to loosen voting registration requirements until these safeguards are in place.

 

I am also uncomfortable with the fact that these new voters are free to vote a regular, not a provisional, ballot.  If it’s determined after the fact that the person did not live in that precinct, there is nothing to be done but cancel their bogus registration.  Even though there are penalties, their vote has been cast and counted.  It can’t be recalled at that point.

 

Voting is indeed a right that must be fairly and uniformly offered to all citizens.  However with every right there are also responsibilities.  I believe the requirement that voters register ten days prior to an election does not disenfranchise voters but provides an element of responsibility necessary to help ensure our system of voting maintains its integrity.

 

As always, you can contact me in the following ways:

 

E-mail: carmine.boal@legis.state.ia.us

www.boal.org

Home Address: 3301 SW Timber Green Road, Ankeny

Home Phone: 964-3335