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HomeMy WebLinkAbout~Master - Relating to Registration of Voters ORDINANCE NO. 2156 AN ORDINANCE CONFORMING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, TO THE PROVISIONS OF CHAPTER 48 OF THE CODE, 1962, AS AMENDED; DESIGNATING THE CITY CLERK AS COMMISSIONER OF REGISTRATION AND PROVIDING HIS DUTIES ; PROVIDING FOR RECORDS RELATING TO REGISTRATION; PROVIDING THE PROCEDURE FOR REGISTRATION AND THE STAFFING THEREOF; REPEALING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, - AS HITHERTO EXISTING AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS HEREOF. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Purpose. The purpose of this ordinance is to require registration of voters under the permanent registra- tion plan, in accordance with the provisions of Chapter 48, Code of Iowa, 1962, as amended, in order to ascertain the qualification of each voter and promote efficient conduct of elections. Section 2. Commissioner of Registration. For the purpose of administering the provisions of this ordinance and the laws of the State of Iowa relative thereto, the office of commissioner of registration is hereby created and the City Clerk of the City of Ames, Iowa, is hereby constituted such commissioner of regis- tration. Section 3. Definitions. For the purpose of this ordi- nance, the word "elections" means general, municipal, special, school or primary elections, and includes state, county and municipal elections. Section 4. Registration Required. From and after the adoption of this ordinance, no voter otherwise qualified shall be permitted to vote at any election unless such voter shall register as provided by this ordinance. Section 5 . Commissioner of Registration-Duties . The commissioner of registration shall have complete charge of the registration of all qualified voters within this City. He shall appoint such deputies and clerks as may be necessary from the two political parties receiving the highest vote at the last general election. The number of such deputies and clerks for all registration places shall be equally divided between the members of the said two political parties. These appointments shall be subject to the approval of the City Council. The com- missioner shall provide such plRinted forms and blanks as may be necessary, together with such other supplies as are necessary, to properly carry out the provisions of this ordinance. Section 6 . Registration Lists. The Commissioner of Reg- istration shall provide for an original list of qualified voters, indexed alphabetically, which shall be kept at the office of the commissioner of registration, in a place and in such manner as to be properly safeguarded. Such list shall be known as the "original registration list" and shall not be removed from the commissioner ' s office except upon order of the court. A second list, to be known as the "duplicate registration list" shall be prepared by the commissioner from the original registration list. Such duplicate registration list shall be open to public inspection at all reasonable times . The Commissioner of Registration and the City Manager shall collaborate in preparing, by automatic data processing, accurate, current and meaningful information on the registration of voters. The Commissioner shall make this information avail- able to public inspection during normal office hours in his office, and he shall furnish to the Story County Chairman of any political party, as defined in Chapter 43 .2 of the 1962 Code of Iowa, as amended, the following reports as hereinafter provided: (a) Alphabetical Reports . A report listing all regis- tered voters alphabetically shall be published no later than June 30 of each year, with supplemental lists of any changes or newly registered voters published weekly from July 1 to September 15, amd daily thereafter except Saturdays and Sundays during the calendar months preceeding any general election until registra- tions are closed for that election. Each of these reports shall be furnished to said political party chairmen without charge or need of prior request. (b) Geographical or Other Reports. Reports listing all registered voters by street and consecutive residence numbers within each precinct, or any other such specific informational reports, shall be furnished to said political party chairmen in response to a request for same. A fee to cover the estimated cost of any additional re- ports shall be paid to the City of Ames at the time of such re- quest. Section 7. Form of Records. For the purpose of expedit- ing the work of the commissioner of registration, for uniformity, and for preparation of abstracts and other forms in use by the election boards, the registration records shall be in substanti- ally the following form: Suitable card index devices shall be provided. There shall also be provided suitable index cards of sufficient facial area to contain in plain writing and figures the data required thereon. The following information concerning each applicant for registry shall be printed or typed on the card: 1. Ward. 2 . Election precinct. 3 . If a man: (a) The name of the applicant, giving surname and Christian names in full. (b) Residence, giving name and number of the street, avenue, or other location of the dwelling, and such additional clear and definite description as may be necessary to give the exact residence of the applicant. (c) Date of birth. (d) Term of residence in the United States; in the State; in the County; in the Precinct. (e) Nativity. (f) Citizenship. (If naturalized give date and papers of court; also date of naturalization of parents. ) (g) Date of application for registration. (h) Signature of voter. (The applicant after regis- tration shall be required to sign his name on both the original and duplicate registration lists. ) Except that the signature shall be re- quired only on the original registration list where the duplicate registration list is prepared by electrical, mechanical or similar data process. 4. If a woman: (a) The information requested shall be the same as for the males, with such additional information as may be necessary to determine the qualifica- tions of the applicant for registration. Pro- vided, that, after such original registration, whenever any change of name shall occur, due to marriage or divorce, such applicant shall not be allowed to vote until she has reregistered; and after such reregistration, the previous registration card shall be removed from the files. 5. Party affiliation. (No party, if preferred. ) Section 8. Removal Notices . Removal notices shall be provided for the use of any registered voter moving to a new location. Removal notices shall provide space for the previous address of the voter, the address of the exact location to which he is moving, and his signature. Any written notification from the voter containing the required information and signature shall be sufficient to validate his registration. If the commissioner of registration receives written notice of removal from any registered voter, and the notification does not contain the re- quired information, the commissioner shall immediately mail to the voter at his last known address notice that his registration is defective. Upon receipt of any valid removal notice, but not later than ten (10) days before any election, the commissioner of registration shall make entry of any change on the original and duplicate registrations lists and the voter shall be quali- fied to vote in the new election precinct. Any voter who changes his residence within ten (10) days preceding an election shall be entitled to vote in the precinct where he is registered. Section 9. Election Register. The commissioner shall compile and shall deliver to the judges of election in each pre- cinct the duplicate registration list of the voters in that pre- cinct, which shall be known as the election register. Such register shall contain the name and address of every registered voter in that election precinct, indexed by street and house number, or alphabetically by surname, together with a space follow - ing each name in which shall be recorded the words"voted" or "not voted", the date, and if a primary, the party, as the case may be; also a space for remarks in which shall be rcorded any chal- lenges, affidavit or other information as may be required. The entry of the words "voted" or "not voted" , challenge, affidavit, or other information, shall be made by the judges of election immediately after approving the certificate of registration. Duplicate registration lists may be prepared by electrical, mech- anical or similar data process . Section 10. Correction of List. For the purposes of preventing fraudulent voting and for eliminating excess names, following the close of registration or at any other time as may be deemed necessary, the commissioner of registration may send by mail to any voter whocse name appears on the original registra- tion list, a notice bearing a statement substantially as follows: "You are hereby notified that your name and address appear on the original registration lists as shown on the opposite side of this card. If there is any mistake in the above name and address, present this card at the office of the commissioner of registration, City Clerk' s Office, City Hall, for correction on or before , 196 . The return of this card by the post office to the commissioner of registration will be accepted as evidence on which to challenge your vote on election day. Commissioner of Registration" Upon the return by the post office of any such notice, the commissioner of registration shall, and at other times may, direct an authorized clerk to check up, in person, the name and address of any voter, and if said voter is found to have removed from the address as recorded on the original registration list, the commissioner of registration shall cause to be entered on the election register of the proper precinct, in the proper space opposite the said voter ' s name, the word "challenged" . No one so challenged shall be permitted to vote except by complying with all the provisions applicable to the proving of challenges . The commissioner shall make a positive effort to maintain the regis- tration lists as accurately as possible so as to reflect the actual qualified registered voters in the city. Section 11. Deceased Persons-Record. Every fifteen days, or at any inor_e frequent times, the Director of Finance shall report to the commissioner of registration the names and addresses of all persons over twenty-one years of age who have died within the city. The commissioner of registration shall, upon receipt of such report, examine the original list of regis- trations and duplicate registration list and shall remove there- from, to an inactive file, the registration cards of all regist- ered persons certified by the Director of Finance as deceased. Section 12. Time and Method of Registration. The Commissioner of Registration, or a duly authorized clerk acting for him, shall, up to and including the tenth day next preceeding any election, receive the application for registration of all such qualified voters as shall personally appear for registration at the office of the commissioner or at any other place as is designated by him for registration, who then are or on the date of election next following the day of making such application will be entitled to vote. Any qualified voter who applies for regis- tration shall subscribe to the following oath or affidavit: "You do solemnly swear or affirm that you will fully and truly answer such questions as shall be put to you, touching your qualifications as a voter, under the laws of this state?" Upon being sworn, the applicant shall answer such question as are required, as hereinbefore set forth, and the clerk shall fill out the form which the applicant shall sign, and he shall not be required to register again for any election; provided, however, that failure to vote at least once in four calendar years wherein elections are held shall operate as a challenge and shall require the applicant to reregister. In case a quali- fied voter is unable to write his name, he shall be required to make a cross, which shall be certified by the signing of the name of the applicant by the clerk of registration taking the application. A qualified voter who is unable to sign his name shall not be permitted to mail or hand in removal notices as is in this ordinance provided, but must appear in person to se- cure a removal of his name to his new voting precinct. Section 13. Permanent and Branch Registration Places . The commissioner of registration shall establish a permanent registration place in the office of the city clerk or elsewhere in the city hall. The permanent registration place shall be open at all times as are other city offices and at such other times as the branch registration places are open as provided in this section. Imo= petitioned by one or both of the official county chairmen of the two political parties polling the highest vote in the jurisdiction at the last preceding general election, the commissioner of registration shall establish at least two branch registration places in his jurisdiction, taking into considera- tion the convenience of the voters. If petitioned by one or both of the official county chairmen of the two political parties polling the highest vote in the jurisdiction at the last preced- ing general election, the commissioner shall provide for addition- al btanch registration places for each ten thousand inhabitants in the jurisdiction in excess of thirty thousand and for such additional branch registration places as the commissioner deems necessary. Any petition mentioned in this section must be re- ceived by the commissioner not later than August 15 preceding any general election. The commissioner shall designate the location of the branch registration places not later than Septem- ber 1 following the receipt of a petition. All branch registra- tion places shall be opened the first Monday in October preceding any general election and shall remain open Monday through Friday from noon until 8:00 P.M. and Saturday from 8:00 A.M. to 5 :00 P.M. for one week. The commissioner of registration shall appoint two persons to act as deputy registrars in each branch registra- tion place. Such appointments shall be made from lists supplied for that purpose by the official county chairmen of the two political parties polling the highest vote in the jurisdiction at the last preceding general election. Such lists shall be provided not later than August fifteen preceding the appointments. The commissioner shall appoint one deputy from each list for each branch. Such appointments shall be made not later than September fifteen following the receipt of the lists . Where the county chairmen fail to provide lists by the date specified in this section, the commissioner shall make such appointments to persons known to be registered as members of the appropriate political party. Section 14. Mobile Deputy Registrars . The commissioner of registration shall appoint at least six persons for each ten thousand inhabitants or major fraction thereof, within his jurisdiction as mobile deputy registrars. An equal number of these appointees shall be appointed from lists supplied for that purpose from the county chairmen of the two political parties polling the highest vote in the jurisdiction in the last preced- ing general election. Where the county chairmen fail to provide lists by the date specified in this section, the ' rommissioner shall make such appointments to persons known to be registered as members of the appropriate political party. Mobile deputy registrars are authorized to secure registration of eligible voters anywhere in the jurisdiction. New registrations must be turned in daily to the permanent registration place. Registra- tions may be turned in directly by the mobile deputy registrars or they may be turned in through the county chairmen of the two political parties. The commissioner shall provide standard forms to be used by the mobile deputy registrars for registering new voters. A supply of these forms shall be given to each mobile deputy registrar and to the county chairmen of the two political parties polling the highest vote in the jurisdiction in the last preceding general election. Mobile deputy registrars shall be appointed before the first of August preceding any general elec- tion and the appointments shall expire when registration closes for that election. Mobile deputy registrars shall serve without pay from the municipality. If at any time a mobile deputy regis- trar resigns or dies, Or the position becomes vacant for any other reason, the commissioner shall appoint a replacement from the appropriate list in order to retain an equal number of mobile deputy registrars from each list. The commissioner shall provide all mobile deputy registrars with uniform identification badges. No mobile registrar shall register any voter unless he is wearing this identification badge. Section 15 . Schools for Deputy Registrars. Before August 1 preceding any general election the commissioner of reg- istration shall hold at least one training session for mobile deputy registrars. Before October 1 preceding any general elec- tion the commissioner of registration shall hold at least one training session for the deputy registrars who will serve at brach registration places. No person shall qualify as either a mobile or branch deputy registrar unless he attends at least one such training session during the year in which he is to serve, or is otherwise determined by the commissioner to be qualified. Section 16. Compensation. Deputy registrars, excepting mobile deputy registrars, and clerks shall receive $1.00 per hour. Section 17. Disabled or Absent Voters . Any person en- titled to register who is permanently disabled by sickness or otherwise, or who will be absent from the election precinct until after the next succeeding election, may up to and including the tenth day next preceding an election, apply in writing to the commissioner of registration who shall thereupon forward to such voter duplicate registration cards which shall be executed by the voter before a notary public and returned to the commissioner of registration. If such registration cards are properly executed and show that the voter is duly qualified, then such cards shall be placed in the registration lists. Section 18 . Election Registers. The commissioner of registration shall have nine full days between the last day of registration and election day to perfect his election registers and, for that purpose, nine days before any election day shall be days upon which voters may not register. During these nine days the commissioner shall complete the election registers and, on the day before election day, he shall deliver them as required by law to each election precinct. Section 19. Revision of Lists. At the close of each calendar year, clerks of registration shall check up the original registration list for the purpose of eliminating excess names and, to that end, they shall examine the election registers and whenever it appears that a registered voter has not voted at least once in four calendar years wherein elections are held, his card shall be taken from the original and duplicate registration lists and placed in a transfer file and a printed postal card notice of the fact with the information that his vote has been challenged, and that the voter must reregister to remove such challenge, shall be sent to the last known address of said voter. When removal notices are received by the clerks, they shall ex- amine the signatures and compare them with the original and, if they are not similar, a postal card notice specifying a refusal to transfer for that cause, shall be sent to the applicant at the new address given. The commissioner of registration shall make, on August first (lst) of each year, a report to the Secre- tary of State showing the number of registered voters by party affiliation for his jurisdiction. Section 20. Challenges. Any person may challenge a registration at any time by filing a written challenge with the commissioner of registration. Person so challengingshall appear before the commissioner of registration thereafter to prove their challenge, and the person so challenged shall have notice of the challenge. The commissioner shall decide the right to the entry under the evidence. Either party may appeal to the District Court of the county in which the challenge is made, and a date for the hearing shall be fixed and the decision of the court shall be final. Section 21. Penalties. Any officer or employee who shall willfully fail to perform or enforce any of the provisions of this ordinance, or who shall unlawfully or fraudulently remove any registration card or record from its proper compartment in the registration records, or who shall willfully destroy any record provided by this ordinance, or any person who shall will- fully or fraudulently register more than once, or register under any but his true name, or votes or attempts to vote by imperson- ating another who is registered, or who willfully or fraudulently registers in any election precinct where he is not a resident at the time of registering, or who adds a name or names toa page or pages, or who violates any of the provisions of this ordinance, shall be guilty of misdemeanor and upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days. Section 22 . Qaulification of Officers . BefD re entering upon his duties, each officer or clerk in whatever capacity shall subscribe to an oath in such form as provided by the attorney for the city. Section 23. Expenses. The cost of material, equipment, labor, for the maintenance of the permanent registration system shall be shared equally by the county and the city, and the city council of this city shall allocate from the general fund of the city sufficient funds, based upon the estimate prepared by the commissioner of registration and subject to the approval of the city council. Section 24. Certificate of Registration. Before any person offering to vote receives the ballots from the judge or is permitted to enter the voting machine,, a certificate containing the following information shall be signed by the applicant: i CERTIFICATE OF REGISTERED VOTER I hereby certify that I am a qualified voter duly registered under the permanent registration act of 1927 in the preceinct, ward, City of Ames, County of Story, Iowa. Party affiliation (if primary election) Signature of voter Address Approved: Judge or clerk of election The certificate of registration shall be approved by a judge or clerk of election if the signature of the voter on the certificate of registration and the signature on the registry list appear to be the same. However, in cities using duplicate registration lists prepared by electrical, mechanical or similar data process the certificate of registration shall be approved by a judge or clerk of the election if the person signing the certificate of registration and the person on the registry list appear to be the same. The voter shall present this certificate to the judge in charge of the ballots or voting machine as proof of his right to vote. After voting the voter shall present his certificate of registration to the judge or clerk in charge of the register of election, who shall make entry as provided in Section 9 of this ordinance. The certificates shall be arranged in alphabetical order after the close of the election, placed in envelopes provided for that purpose, and returned to the City Clerk as commissioner of registration. Section 25. All ordinances or parts of ordinances in conflict herewith are repealed. Section 26. This ordinance shall be in full force and effect after its passage and publication as provided by law. Passed this 16th day of August 19 Lckise Whitcome, City Clerk D. R. N brKgh, Ma or Moved by- Pasley-Fisher the Ord. pass on 1st reading Aye: ellinger, Judge, Pasley, Newell, LeBaron, Fisher Nay: one Ordinance declared passed on 1st reading Moved by Fisher-Pasley to suspend rules, etc. Aye: Jellinger, Judge, Pasley, Newell, LeBaron, Fisher Nay: None Rules declared suspended. Moved by Fisher-Jellinger the Ordinance do now pass Aye: Jellinger, Judge, Pasley, Nevell, LeBaron, Fisher Nay: None Ordinance declared adopted.