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NATIONAL VOTER SUPPRESSION EFFORTS

COME TO IOWA
National Voter Suppression Efforts Come To Iowa is a report written by the Progress Iowa team.

Progress Iowa is a multi-issue progressive advocacy and research organization. Year-round, we


promote progressive ideas and causes with compelling earned media strategies, policy research, and
cutting-edge new media.

Since its founding in 2012, Progress Iowa has grown from a few dozen members to a community of
more than 75,000 progressives, the largest online organization of its kind in the state. The organization
works closely with local and national organizations and leaders to promote our shared progressive
values.

Learn more at www.ProgressIowa.org and follow us on Facebook and Twitter.

Overview 3
Iowa’s Voter Suppression Law: The Impact 4
Restricting Ballot Returns 6
Shortening Early & Absentee Voting Periods 7
Stopping Unsolicited Ballot Applications 8
Restricting Ballot Drop Boxes 9
Criminalizing Efforts To Expand Voter Turnout 10
Stripping Away Independent Prosecutorial Authority 11
Conclusion: Take Action 12

National Voter Suppression Efforts Come To Iowa | 2


Overview
During the 2020 general election, Iowans “shattered” the record for voter participation, according to
Paul Pate, the Iowa Secretary of State. Of the nearly 1.7 million Iowans who turned out to vote, more
than 1 million did so early by casting an absentee ballot by mail or in person.

In response to our record turnout, the Republican-controlled Iowa legislature is moving swiftly to
shorten early voting periods and restrict access to the ballot. Senate File 413 and House File 590 were
introduced and rushed through subcommittee and committee within just a few days. The proposals
could become law just over a week after being introduced.

If passed and signed into law, the Republican voter suppression proposal would make Iowa’s early
voting period “one of the shortest in the country” and create state regulations that tie the hands of
local officials that want to expand early voting.

Iowa is not alone in this effort. More than thirty states are facing Republican efforts to restrict voter
access following record early voting. These attacks on voter participation are largely viewed as
retribution for last year’s national election results. During a subcommittee meeting, Republican
Senator Jason Schultz cited nonexistent voter fraud in Philadelphia as a reason to restrict Iowa voters.

No such widespread fraud has been discovered in Iowa or across the country.

Iowans have traditionally taken pride in our electoral process and our high rates of voter participation.
But the national attacks on elections have made their way to Iowa, as they did in 2017, just after
Republicans took control of the Iowa Senate, House, and Governor’s office. This report intends to
describe the impact of those attacks, and provide examples of the nationwide effort to undermine
voter participation that is similarly taking place.

National Voter Suppression Efforts Come To Iowa | 3


Iowa’s Voter Suppression Law:
The Impact
National attacks on voting rights have made their way to Iowa, with the Republican-controlled
legislature intent on limiting access to the ballot. The legislation still has the potential to be changed
or defeated, but these were the impacts of the legislation as originally introduced:

● Reduce the early voting period from 29 days to 18 days. This follows a similar reduction from
40 days to 29 days that was passed in 2017.
● Move back the date after which absentee ballots can be issued from 29 days before Election
Day to 18 days before Election Day.
● Limit third-party ballot return to immediate family members, household members, and
caretakers. Under existing law, any third party can return a voter's ballot other than specific
campaign-affiliated individuals.
● Bar the Secretary of State from sending voters absentee ballot applications unless directed to
do so by the legislature or legislative counsel during a state of emergency.
● Bar officials from pre-filling any fields on absentee ballot applications other than the date and
type of election.
● Increase state oversight of county election administration, including fines and possible
criminal prosecution of county election officials for failure to adhere to the election code and
guidance issued by the Secretary of State, including failure to adequately maintain and purge
the voter list.
● Establish that voters who fail to sign their absentee ballot envelopes can cure this deficiency.
Iowa's signature matching process has been permanently enjoined by the state's Supreme
Court, so a missing signature is the only signature-based grounds for rejection of an absentee
ballot.
● Authorizes a total of one ballot drop box per county, which would have to be located at or near
the county commissioner's office, and provides requirements regarding security.
● Remove the ability of a county auditor to establish satellite absentee voting locations at their
discretion, leaving in place only a process by which commissioners can be petitioned to
establish satellite locations.

National Voter Suppression Efforts Come To Iowa | 4


● Moves the earliest date an absentee ballot application can be processed from 120 days before
Election Day to 70 days before Election Day.
● Requires county election officials to participate in the National Change of Address Program
and send notice to and mark as inactive any voter flagged by the NCOA system who did not
vote in the most recent general election.
● Requires the use of barcodes rather than postmarks to determine when a ballot was sent.
● Requires the state to publish daily information regarding absentee ballots requested, sent, and
received.
● Require county commissioners to notify voters who apply for absentee ballots after the
deadline about alternative options for voting.
● Increase penalties for various crimes existing that could be committed by election officials,
including up to five years in jail and fines of more than ten thousand dollars.
● Impose new reporting requirements regarding absentee ballots.
● Authorize law enforcement to take "all reasonable actions to prevent violations" of the law
governing the canvass of votes.
● Permit the Secretary of State to issue guidance on laws not subject to their rulemaking
authority.
● Change ballot qualification thresholds for candidates.

Any one of these proposals would limit voter participation. In total, they represent a wholesale attack
on the right of Iowans to fully engage in the democratic process. And the changes will
“disproportionately effect voters who support Democrats, according to experts such as the Brennan
Center.”

National Voter Suppression Efforts Come To Iowa | 5


Restricting Ballot Returns
The Iowa voter suppression law would limit third-party ballot return to immediate family members,
household members, and caretakers. Under existing law, any third party can return a voter's ballot
other than specific campaign-affiliated individuals.

This restriction would severely limit the ability of seniors, people with disabilities, and other
vulnerable Iowans from voting absentee. In combination with other pieces of the voter suppression
law, such as the shortened window for early voting, it would place a far greater burden on the citizen
to participate in early voting, in Iowa and nationwide.

Legislation as part of the national attack on voting rights proposed across the country includes: AK
S 39; AK S 43; AZ H 2369; ID H 88; KS H 2054; MD H 690; MD S 36; MN H 365; MN S 716; NY A 4929; NY S 1805;
OR S 694; SC S 113

National Voter Suppression Efforts Come To Iowa | 6


Shortening Early & Absentee Voting
Periods
The Iowa voter suppression law would reduce the early voting period from 29 days to 18 days. This
follows a similar reduction from 40 days to 29 days that was passed in 2017. It would also move back
the date after which absentee ballots can be issued from 29 days before Election Day to 18 days before
Election Day.

This directly decreases the amount of time for early voting, and limits the window in which voters can
participate. Seniors, students, those with disabilities, and the most vulnerable citizens would be most
adversely impacted by this change, which is the goal in Iowa and across the country.

Legislation as part of the national attack on voting rights proposed across the country includes: AZ
S 1593 & AZ S 1593; ND H 1373; SD H 1245 & SD H 1245; IN H 1290; ND H 1312; PA H 25; TN S 1510; NE L 590

National Voter Suppression Efforts Come To Iowa | 7


Stopping Unsolicited Ballot
Applications
The Iowa voter suppression law would bar the Secretary of State from sending voters absentee ballot
applications unless directed to do so by the legislature or legislative counsel during a state of
emergency, and bar officials from pre-filling any fields on absentee ballot applications other than the
date and type of election.

Iowa’s record turnout in the 2020 election was driven by early voting by mail, due in large part to the
Secretary of State mailing an unsolicited absentee ballot application. That mailing from the Secretary
of State was one of the significant changes from past election years. Sending a ballot application does
not require any voter to participate in early voting, but as we saw in last year’s election, increases the
chance that they would participate. Republicans want to strip away this authority in order to decrease
participation, in Iowa and across the country.

Legislation as part of the national attack on voting rights proposed across the country includes: GA
S 178; IL H 1930; ND H 1280 & ND S 2160; SD H 1126; TN S 835; TX H 25; TX S 208

National Voter Suppression Efforts Come To Iowa | 8


Restricting Ballot Drop Boxes
The Iowa voter suppression law would allow just one ballot drop box per county, which would have to
be located at or near the county commissioner's office, and provides requirements regarding security.

Limiting the number of drop boxes would present yet another barrier to participation. If official drop
boxes could be placed at the discretion of local officials, they could target areas that need additional
assistance to increase turnout. Republicans want to prevent that attempt to drive up participation, and
have proposed restricting drop boxes in Iowa and a number of other states.

Legislation as part of the national attack on voting rights proposed across the country includes: GA
S 68, which prohibits drop boxes altogether; IN S 398, which restricts to boxes "in the physical control and
supervision of the county election board"; TX H 1725, which prohibits all in-person return; VA S 1459,
which prohibits drop-off other than at the registrar's office; WA H 1377, which eliminates drop box
requirement (but does not prohibit them)

National Voter Suppression Efforts Come To Iowa | 9


Criminalizing Efforts To Expand Voter
Turnout
The Iowa voter suppression law would Increase penalties for various crimes that could be committed
by election officials, including up to five years in jail and fines of more than ten thousand dollars. It
would also increase state oversight of county election administration for failure to adhere to the
election code and guidance issued by the Secretary of State, including failure to adequately maintain
and purge the voter list.

The enforcement mechanism behind this entire voter suppression proposal is draconian and also not
unique to Iowa. Jail time and significant fines will likely prevent county auditors from doing part of
their job, which is to seek out additional methods of increasing voter turnout. The chilling effect of this
criminalization is the desired intent, and has also been seen in proposals in a number of states.

Legislation as part of the national attack on voting rights proposed across the country includes: SD
S 116, which would subject county auditors and clerks to criminal penalties for failure to comply with
voter list maintenance provisions relating to death and change of address; TX H 335, which would subject
registrars who fail to perform list maintenance duties related to non-citizens to removal and civil and
criminal penalties; GA S 89, which creates a program under the Secretary of State’s office to provide
assistance to “low-performing” county election superintendents. The State Board could suspend these
superintendents if their performance does not improve; GA H 132, which establishes oversight boards in
each county, appointed by legislature; requires SBOE approval of local operating procedures; subjects
elections officials to criminal penalties for violating their oath; TX H 1026, which removes local authority
over voter registration and list maintenance; WA H 1506, which removes audit authority from county
auditors and grants it to a private company appointed by the Secretary of State.

National Voter Suppression Efforts Come To Iowa | 10


Stripping Away Independent
Prosecutorial Authority
The Iowa voter suppression law would require the Iowa attorney general to investigate all allegations
of voter fraud presented to the office.

Removing prosecutorial discretion from the attorney general is not new for the Iowa legislature, but
this election law will create an environment where voter fraud allegations without any merit will
occupy the time of our state’s top law office. The intent of this voter suppression law is to present any
potential or perceived fraud as so egregious that it will stop a large number of citizens from
participating in the first place. The threat of investigation by the attorney general of any accusation,
regardless of merit, will contribute to that as well.

Legislation as part of the national attack on voting rights proposed across the country includes: AR
S 217, which requires election officials to report suspected mail voting fraud; AZ S 1427, which requires
auditor general to supervise and support a voter fraud unit; MN H 365 and MN S 716, which require a
county attorney to prosecute all reports of potential offenses related to voter registration and absentee
voting for which probable cause exists. The bill would also require each county attorney who receives
such reports to provide a report concerning the outcome of the investigation to the Secretary of State and
the ranking members of the legislative committees responsible for elections procedures; NJ A 5205, which
would require the AG to create a voting fraud task force to investigate and prosecute crimes involving
voting fraud; SC H 2535, which would require state and county officials to report suspected violations of
election law to the AG; WA S 5434, which would require the Washington prosecuting attorneys association
to file an annual report to the legislature detailing how many voter fraud cases were referred to
prosecutors in the previous 12 months with a description of the allegations and circumstances, the
number of prosecutions initiated, and the current status or ultimate outcome of the cases to date.

National Voter Suppression Efforts Come To Iowa | 11


Conclusion: Take Action
Iowans must speak out to ensure our state is a place where we all have an equal say
and an equal voice in our elections
As troubling as the attacks on Iowa voters are, they are not unique to our state. Republican legislators
are following a national playbook to suppress the vote and tilt future elections in their favor.

Most Iowans, no matter who we are or what we look like, want Iowa to be a place where freedom is for
everyone, we all have an equal say, and we can trust in the integrity of our elections.

But today, when all voters should have the freedom to vote equally, a handful of Iowa Republican
politicians want to put up barriers to silence our voices based on what we look like or where we live.

It is imperative that Iowans speak out against these proposed changes, to ensure that our voices and
our votes will count. Here are a few opportunities to take action:

● Sign Progress Iowa’s online petition in opposition to these proposed changes, which includes
the opportunity to submit a comment for the public hearing in opposition to House File 590
● Call the Iowa House of Representatives switchboard: (515) 281-3221
● Call the Iowa Senate switchboard: (515) 281-3371
● Call Governor Reynolds: (515) 281-5211
● Find your legislator to contact them directly

Together, we can ensure every eligible Iowan has the freedom to vote and that the results of our
elections reflect the will of the people.

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