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Iowa voters are considering two changes to the state constitution

Posted on by Vanessa
Iowa voters are considering two changes to the state constitution

Iowa voters will be weighing two constitutional amendments at the ballot box this election. They are making language changes to the state's age and citizenship requirements for voting and trying to clarify legal instructions for gubernatorial succession.

On Nov. 5, voters will have the final say on whether to change the state constitution, but the process to change it begins years before that. A constitutional amendment must be approved in two consecutive biennial sessions of the Iowa Legislature before it comes to a vote.

Notice of the change must also be published in Iowa newspapers to inform voters of the Legislature's actions.

After all these procedures, the amendment goes on the ballot to be approved by an affirmative or negative vote. A simple majority is required for adoption.

Here's what you should know about the proposed constitutional changes:

What's in the voting age change?

The voting age change proposes lowering the voting age from 21 to 18 to align with the language of the U.S. Constitution. It would replace Section 1 of Article II of the Iowa Constitution.

States are already required to follow the federal voting age of 18, established by the 26th Amendment to the U.S. Constitution in 1971.

So the amendment simply amends the Iowa Constitution to align it with the U.S. Constitution, which the state already follows.

The change also makes it clear in the Iowa Constitution that 17-year-olds who will be 18 in the next general election can vote in the primary.

Constitutional experts say the voting age portion of the amendment will have little to no direct impact on the lives of Iowans.

What would it mean to change “every citizen” to “just one citizen”?

The same constitutional amendment as the proposed change to the voting age also proposes a language adjustment regarding who can vote.

The measure changes the language at the start of the amendment from “Every citizen of the United States” to “Only a citizen of the United States.”

Allegations that non-U.S. citizens voted, which is illegal under U.S. law, were a major concern for Republican lawmakers in the run-up to the election. The data shows that voting by non-citizens is rare.

This part of the amendment has recently been a topic of conversation between Republicans and Democrats.

Representatives of the national group Americans for Citizen Voting say the change would prevent future laws that could allow noncitizens to vote.

Some Democrats have noted that some states also allow non-citizens who are in the country legally and pay local taxes to vote in local votes, such as city and school board elections, in which they are directly involved. This change would prevent the legislature from ever allowing this to happen without another constitutional amendment.

Every vote in the Legislature on the proposed amendment was unanimous, and no lawmaker spoke against it or raised questions about its wording in the House or Senate when it came up for a vote.

Some Democrats in Iowa say it “flew under the radar.”

The proposed amendment states: “Only a citizen of the United States eighteen years of age who has resided in this State for the period provided by law and in the county in which the citizen applies. Any citizen who applies for who has cast his or her vote within the period provided for by law is entitled to vote in all elections permitted by law. However, for purposes of a primary election, a U.S. citizen must be at least eighteen years of age at the time of the next general election following the primary election. The required period of stay shall not be more than six months in this state or more than 60 days in the county.”

What does the proposed gubernatorial succession change say?

The Governor's Succession Amendment states that if the governor were to leave office for various reasons, the lieutenant governor would take that person's place. The new governor would then appoint a new lieutenant governor to fill the new vacancy in office.

The amendment seeks to clarify the current language of the Iowa Constitution, which does not state that the office of lieutenant governor is vacant when the lieutenant governor assumes the office of governor. Before someone can be appointed to the office, there must be a vacancy.

When the governor of Iowa leaves office in the event of the governor's death, impeachment, resignation, removal or other disability, “the powers and duties of the office shall devolve… upon the lieutenant governor,” the current Iowa Constitution states.

The impetus for the change dates back to 2017, when current Gov. Kim Reynolds, then lieutenant governor, succeeded former Gov. Terry Branstad as governor when Branstad was named U.S. ambassador to China. However, confusion arose over whether Reynolds could appoint someone to replace her as lieutenant governor.

This amendment is unrelated to the departure of former Lieutenant Governor Adam Gregg on September 3rd. His position will be filled after the Nov. 5 election, Reynolds said.

The amendment states: “In the event of temporary disability of the Governor, the Lieutenant Governor shall serve as Governor until the disability is eliminated or the Governor dies, resigns or is removed from office. In the event of the death, resignation, or removal of the governor, the lieutenant governor becomes governor for the remainder of the term, creating a vacancy in the office of the lieutenant governor. This section also applies to the governor-elect and lieutenant governor-elect, as applicable.”

Sabine Martin reports on politics for the Register. She can be reached by email at [email protected] or by phone at (515) 284-8132. Follow her on X at @sabinefmartin.

Register reporter Stephen Gruber-Miller contributed to this article.

This story has been updated to add video.

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