Iowa's Constitutional Amendments: Your Vote, Your Voice

Iowans will vote on two constitutional amendments in November 2024. The first amendment proposes to adjust the gubernatorial line of succession, outlining a course of action in the event of a sitting governor's resignation, death, or permanent disability. The second amendment seeks to clarify voter eligibility, specifying that only U.S. citizens aged 18 or older, meeting state and county residency requirements, can vote in all elections. This amendment also allows 17-year-olds, who will turn 18 by the general election, to vote in primary elections. While these regulations are already practiced, codifying them in the constitution aims to modernize the state's constitution and ensure alignment with federal voting age laws.

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Voting age and citizenship

In Iowa, voters will decide on two constitutional amendments on Election Day. One of these amendments concerns voting age and citizenship.

The proposed amendment to the state's voting age and citizenship language would reduce the voting age from 21 to 18 years old, aligning with the language of the U.S. Constitution. It would replace Section 1 of Article II of the Iowa Constitution. While states are already required to follow the federal voting age law of 18 years, established in the 26th Amendment of the U.S. Constitution in 1971, Iowa's constitution has not yet been updated to reflect this.

The amendment also clarifies that 17-year-olds who will be 18 years old by the next general election can vote in the primary election. This is already practiced across the state but would be officially codified in the constitution if approved.

The amendment also changes the wording of the constitution regarding citizenship. Currently, the constitution states that "every citizen of the United States" can vote in state elections. The amendment would change this to "only a citizen of the United States" can vote if they meet the appropriate qualifications. While noncitizens are not allowed to vote in state or federal elections, local governments can technically permit noncitizens to vote in local elections. The proposed amendment aims to address concerns about non-citizen voting, which is illegal according to U.S. law, by explicitly limiting voting rights to citizens.

The process to amend the state's constitution starts years before the vote. A constitutional amendment must be approved by two consecutive two-year sessions of the Iowa Legislature before it is placed on the ballot. The notice of the amendment must also be published in Iowa newspapers to inform voters about the legislature's actions. After these procedures, the amendment goes on the ballot to be approved or rejected by a simple majority of voters.

Gun rights protections

In 2022, Iowans voted on whether to add the right "to keep and bear arms" to the state constitution. The proposed amendment stated: "The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny."

Voters had the option to vote "yes" or "no" on adding this language to the Iowa Constitution. If passed, the amendment would impact future Iowa gun control laws challenged in court. Courts use different tests, such as the "strict scrutiny" test, to decide if a law should stand or be struck down.

Support for the amendment came from Republican lawmakers and gun rights activists, who had worked for years to get the proposal on the ballot. Richard Rogers, a board member and lobbyist for the Iowa Firearms Coalition, said that the group had been working for more than a decade to get the proposed constitutional amendment on the ballot. He also stated that the amendment was a response to courts across the country upholding gun restrictions, which he viewed as attempts to "get around" the Second Amendment. Dave Funk, president of the Iowa Firearms Coalition, expressed a similar sentiment, stating that Iowans know what is necessary to keep their state safe.

However, the amendment faced opposition from groups advocating for gun control laws and reducing violence, who formed the Iowans for Responsible Gun Laws Coalition. Linn County Attorney Nick Maybanks argued against the amendment, stating that it could make it harder for lawmakers to pass gun control laws in the future. Esha Bolar, co-executive state director of March for Our Lives Iowa, also highlighted the increasing proximity of gun violence to the youth in Iowa.

Ultimately, the Right to Keep and Bear Arms Amendment passed in the 2022 Iowa election.

Governor's line of succession

Iowa voters will decide whether to amend the state constitution to clarify the gubernatorial line of succession. The second constitutional amendment on Iowans' ballots would adjust the gubernatorial line of succession. The proposed amendment lays out a clear course of action in the event a sitting governor resigns, dies, or becomes permanently disabled while in office.

The amendment states that the lieutenant governor will act as the governor if there is a temporary disability of the governor. It further provides that the lieutenant governor or lieutenant governor-elect will be the governor or governor-elect in the case of the resignation, death, or permanent disability of the governor or governor-elect, creating a vacancy in the office of lieutenant governor or lieutenant governor-elect.

Currently, Iowa's line of succession dictates that the Iowa Senate President would assume the duties of lieutenant governor. The amendment only addresses circumstances in which the sitting governor leaves their position and the seat has to be filled. If approved, the governor will have the powers as outlined above. If rejected by voters, the current line of succession would stand.

To vote on the constitutional amendments, Iowans who meet the voting requirements can register to vote online, by submitting a voter registration form to their local county auditor’s office, or through same-day voter registration on Election Day. Iowans must provide proof of identity and proof of residence to register. This requirement can be met using ID cards like an Iowa driver’s license, U.S. passport, or non-operator ID. If the identification card does not contain the voter’s current address, they are required to bring an additional document showing their current name and address, such as a residential lease, utility bill, or paycheck.

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Voting process

The voting process for constitutional amendments in Iowa involves several steps, and it starts years before the actual vote takes place. Firstly, a constitutional amendment must be approved by two consecutive two-year sessions of the Iowa Legislature before it can be put on the ballot for voters to decide on. This means that the amendment has to pass through the Iowa House of Representatives and the Iowa Senate with a majority in two successive legislative sessions, with an election for state legislators in between.

Once an amendment has been approved by the Iowa Legislature, the state is required to publish the proposed amendment in two newspapers in each of Iowa's congressional districts and on the legislature's website once per month for three months. This is to ensure that voters are informed about the proposed changes and the legislature's actions.

After these procedures, the amendment is placed on the ballot for voter ratification. Iowa voters then have the opportunity to vote "yes" or "no" on the amendment. If approved by a simple majority of voters, the amendment becomes part of the Iowa Constitution. If rejected, the current legislation remains unchanged.

It is worth noting that Iowa does not have an initiative or veto referendum process, so citizens cannot qualify a ballot measure for the statewide ballot by collecting signatures. The only statewide ballot initiatives that Iowa voters will typically see are constitutional amendments that have been passed through the legislative process.

Ballot measures

Iowa is one of 24 states that do not have initiative or veto referendum processes, meaning that citizens cannot qualify a ballot measure for the statewide ballot by collecting signatures. The only statewide ballot initiatives Iowa voters will see are constitutional amendments that have been passed as resolutions through two consecutive general assemblies.

In 2022, Iowans had the chance to vote on a ballot measure to add the right "to keep and bear arms" to the state constitution. The proposed amendment stated: "The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny." Voters could choose to vote "yes" to add this language or "no" to reject it.

In 2024, Iowans will decide on two constitutional amendments. One of the amendments would adjust Iowa's gubernatorial line of succession, outlining a clear course of action in the event a sitting governor resigns, dies, or becomes permanently disabled. The other amendment would further clarify who is eligible to vote in Iowa. It would change the voting age in the constitution to 18, instead of 21, and would allow 17-year-olds to vote in primary elections if they are 18 by the general election. It would also change the wording in the constitution from "every citizen of the United States" to "only a citizen of the United States," with the necessary qualifications, can vote.

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