Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 28 - Voter Registration File (I-VOTERS) Management › Rule 721-28.5 - Noncitizen Registered Voter Identification and Removal Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Matching of foreign national
				files and the voter registration list.
Matches between lists of
				foreign nationals obtained by the secretary of state from a federal or state
				agency and the voter registration list shall be based on a combination of a
				registrant's name, driver's license number, date of birth or last four digits
				of the registrant's social security number. The match may be completed as often
				as the secretary of state deems necessary, but not more than once a
				quarter.
(2)
Confirming
				matches between the foreign national file and the voter registration
				list.
After producing a list of probable matches based on the criteria
				listed in subrule 28.5(1), the secretary of state shall determine whether the
				registrant has obtained citizenship status subsequent to the date on which the
				record in the file obtained from the other federal or state agency was
				generated. This determination shall be made by obtaining access to the
				Systematic Alien Verification Entitlement (SAVE) program administered by the
				United States Department of Homeland Security or to an equivalent database
				administered by the United States Department of Homeland Security.
Following verification that a registrant is not a United
				  States citizen, the secretary of state shall send the registrant a letter and a
				  response form by certified mail that the registrant may use to respond to the
				  information received by the secretary of state. The letter shall inform the
				  registrant of the source of the information received by the secretary of state
				  (e.g., driver's license files from the Iowa department of transportation),
				  provide the registrant with information regarding how to correct the
				  information obtained by the secretary of state, and provide the registrant with
				  information regarding how to voluntarily remove the registrant's name from the
				  voter registration list if the registrant is not a United States citizen. A
				  postage-paid return envelope shall be included with the letter and response
				  form. The response form shall include spaces for the registrant to indicate
				  that the information received by the secretary of state is either correct or
				  incorrect and a space for the registrant to indicate that the registrant needs
				  more time to provide a response. In the event a registrant indicates that the
				  registrant needs more time to provide a response, the secretary of state shall
				  not proceed under subrule 28.5(3) for a minimum of 60 days from the date the
				  letter was originally mailed.
(3)
Registered voter
				notification.
Upon receipt of information indicating that a noncitizen
				is registered to vote, the secretary of state shall take the following steps.
a.
Subsequent notice.
If
				the registrant does not respond to the initial letter from the secretary of
				state sent pursuant to subrule 28.5(2) within 30 days from the date the letter
				was originally mailed, the secretary of state shall send the registrant a
				subsequent notice informing the registrant of the source of the information
				received by the secretary of state (e.g., driver's license files from the Iowa
				department of transportation). The subsequent notice shall also provide the
				registrant with information regarding how to correct the information obtained
				by the secretary of state, provide the registrant with information regarding
				how to voluntarily remove the registrant's name from the voter registration
				list if the registrant is not a United States citizen, and list the penalty for
				being registered to vote while knowing oneself not qualified. A postage-paid
				return envelope shall be included with the notice and response form. The
				response form shall include spaces for the registrant to indicate that the
				information received by the secretary of state is either correct or incorrect
				and a space for the registrant to indicate that the registrant needs more time
				to provide a response. In the event a registrant indicates that the registrant
				needs more time to provide a response, the secretary of state shall not proceed
				under paragraph 28.5(3)
"b"
for a minimum of 60 days from the
				date the notice was originally mailed.
b.
County auditor
				notification.
(1) If a registrant
				receives a notice from the secretary of state pursuant to paragraph
				28.5(3)
"a"
and fails to respond to the notice within 30 days
				from the date the notice was originally mailed, the secretary of state shall
				notify the county auditor that the secretary of state has received information
				indicating that the registrant may not be a citizen of the United States and
				may be illegally registered to vote. The county auditor shall notify the
				precinct election officials working at the polling places on election day that
				the secretary of state has indicated that a registrant appearing on the
				election register for an election may not be a United States citizen and shall
				be challenged by the precinct election officials if that registrant attempts to
				vote.
(2) The county auditor shall
				notify the secretary of state when any registrant who is the subject of one of
				these notices voluntarily requests cancellation of the registrant's
				record.
c.
Noncitizen registrant with active absentee ballot request.
If a county
				auditor receives notice pursuant to this rule from the secretary of state for a
				registrant who has an active absentee ballot request on the registrant's
				record, the county auditor shall attach the notice from the secretary of state
				regarding the registrant to the voter's absentee ballot affidavit envelope if
				the absentee ballot is returned to the auditor's office. The county auditor
				shall instruct the precinct election officials to challenge the voter's
				absentee ballot as provided in Iowa Code section
				53.31.
d.
Noncitizen registrant with voting
				history on voter record.
If a county auditor receives notice pursuant
				to this rule from the secretary of state for a registrant who has a previous
				voting history on the voter's record, the county auditor shall immediately
				print a copy of the voter's voting history, make copies of any signed election
				registers or absentee ballot affidavit envelopes that are still in the custody
				of the county auditor and make a copy of the notice received by the county
				auditor pursuant to this rule. The foregoing list of documents shall be
				forwarded to the secretary of state within 30 days of receipt of the
				notice.