House Study Bill 630 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act relating to the administration of elections and voter 1 registration by modifying the close of registration prior 2 to a primary election, requiring that absentee ballots 3 be received before the polls close on election day, and 4 allowing for changes to the envelopes provided to absentee 5 voters. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5683YC (1) 85 aw/sc

H.F. _____ Section 1. Section 48A.9, subsection 1, Code 2014, is 1 amended to read as follows: 2 1. Registration closes at 5:00 p.m. eleven days before each 3 election except primary and general elections. For primary and 4 general elections, registration closes at 5:00 p.m. ten days 5 before the election. An eligible elector may register during 6 the time registration is closed in the elector’s precinct but 7 the registration shall not become effective until registration 8 opens again in the elector’s precinct, except as otherwise 9 provided in section 48A.7A . 10 Sec. 2. Section 48A.26, subsection 3, Code 2014, is amended 11 to read as follows: 12 3. If the registration form is missing required information 13 pursuant to section 48A.11, subsection 8 , the acknowledgment 14 shall advise the applicant what additional information is 15 required. The commissioner shall enclose a new registration 16 form for the applicant to use. If the registration form has 17 no address, the commissioner shall make a reasonable effort 18 to determine where the acknowledgment should be sent. If the 19 incomplete registration form is received during the period in 20 which registration is closed pursuant to section 48A.9 but 21 by 5:00 p.m. on the Saturday before the election for general 22 and primary elections or by 5:00 p.m. on the Friday before the 23 election for all other elections, the commissioner shall send 24 a notice advising the applicant of election day and in-person 25 absentee registration procedures under section 48A.7A . 26 Sec. 3. Section 50.20, Code 2014, is amended to read as 27 follows: 28 50.20 Notice of number of provisional ballots. 29 The commissioner shall compile a list of the number of 30 provisional ballots cast under section 49.81 in each precinct. 31 The list shall be made available to the public as soon as 32 possible, but in no case later than 9:00 a.m. on the second 33 day following the election. Any elector may examine the 34 list during normal office hours, and may also examine the 35 -1- LSB 5683YC (1) 85 aw/sc 1/ 12

H.F. _____ affidavit affidavits on the envelopes bearing containing the 1 ballots of challenged electors until the reconvening of the 2 special precinct board as required by this chapter . Only those 3 persons so permitted by section 53.23, subsection 4 , shall have 4 access to the affidavits while that board is in session. Any 5 elector may present written statements or documents, supporting 6 or opposing the counting of any provisional ballot, at the 7 commissioner’s office until the reconvening of the special 8 precinct board. 9 Sec. 4. Section 50.22, Code 2014, is amended to read as 10 follows: 11 50.22 Special precinct board to determine challenges and 12 canvass absentee ballots. 13 1. Upon being reconvened, the special precinct election 14 board shall review the information upon the envelopes bearing 15 the provisional ballots, and all evidence submitted in support 16 of or opposition to the right of each challenged person to vote 17 in the election. The board may divide itself into panels of 18 not less than three members each in order to hear and determine 19 two or more challenges simultaneously, but each panel shall 20 meet the requirements of section 49.12 as regards political 21 party affiliation of the members of each panel. 22 2. The decision to count or reject each ballot shall be 23 made upon the basis of the information given on the envelope 24 containing the provisional ballot, the evidence concerning 25 the challenge, the registration , and the returned receipts of 26 registration. 27 3. If a provisional ballot is rejected, the person casting 28 the ballot shall be notified by the commissioner within ten 29 days of the reason for the rejection, on the form prescribed 30 by the state commissioner pursuant to section 53.25 , and the 31 envelope containing the provisional ballot shall be preserved 32 unopened and disposed of in the same manner as spoiled ballots. 33 The provisional ballots which are accepted shall be counted 34 in the manner prescribed by section 53.23, subsection 5 . The 35 -2- LSB 5683YC (1) 85 aw/sc 2/ 12

H.F. _____ commissioner shall make public the number of provisional 1 ballots rejected and not counted, at the time of the canvass of 2 the election. 3 The special precinct board shall also canvass any absentee 4 ballots which were received after the polls closed in 5 accordance with section 53.17 . If necessary, they shall 6 reconvene again on the day of the canvass by the board of 7 supervisors to canvass any absentee ballots which were timely 8 received. 9 4. The special precinct board shall submit their tally list 10 to the supervisors before the conclusion of the canvass by the 11 board. 12 Sec. 5. Section 50.24, subsection 2, Code 2014, is amended 13 to read as follows: 14 2. Upon convening, the board shall open and canvass the 15 tally lists and shall prepare abstracts stating the number of 16 votes cast in the county, or in that portion of the county 17 in which the election was held, for each office and on each 18 question on the ballot for the election. The board shall 19 contact the chairperson of the special precinct board before 20 adjourning and include in the canvass any absentee ballots 21 which were received after the polls closed in accordance with 22 section 53.17 and which were canvassed by the special precinct 23 board after election day. The abstract shall further indicate 24 the name of each person who received votes for each office on 25 the ballot, and the number of votes each person named received 26 for that office, and the number of votes for and against each 27 question submitted to the voters at the election. The votes 28 of all write-in candidates who each received less than five 29 percent of the votes cast for an office shall be reported 30 collectively under the heading “scattering”. 31 Sec. 6. Section 53.2, subsection 6, Code 2014, is amended 32 to read as follows: 33 6. If an application for an absentee ballot is received 34 from an eligible elector who is not a registered voter 35 -3- LSB 5683YC (1) 85 aw/sc 3/ 12

H.F. _____ the commissioner shall send the eligible elector a voter 1 registration form and another absentee ballot application form. 2 If the application is received after the time registration 3 closes pursuant to section 48A.9 but by 5:00 p.m. on the 4 Saturday before the election for general and primary elections 5 or by 5:00 p.m. on the Friday before the election for all other 6 elections, the commissioner shall notify the applicant by 7 mail of the election day and in-person absentee registration 8 provisions of section 48A.7A . In addition to notification 9 by mail, the commissioner shall also attempt to contact the 10 applicant by any other method available to the commissioner. 11 Sec. 7. Section 53.8, subsection 1, Code 2014, is amended 12 to read as follows: 13 1. a. Upon receipt of an application for an absentee ballot 14 and immediately after the absentee ballots are printed, the 15 commissioner shall mail an absentee ballot to the applicant 16 within twenty-four hours, except as otherwise provided in 17 subsection 3 . The absentee ballot shall be sent to the 18 registered voter by one of the following methods: 19 (1) The absentee ballot shall be enclosed in an unsealed 20 envelope bearing imprinted with a serial number and affidavit. 21 The absentee ballot and unsealed affidavit envelope shall 22 be enclosed in or with a an unsealed return envelope marked 23 postage paid which bears the same serial number as the unsealed 24 affidavit envelope. The absentee ballot, unsealed affidavit 25 envelope, and return envelope shall be enclosed in a third 26 envelope to be sent to the registered voter. If the ballot 27 cannot be folded so that all of the votes cast on the ballot 28 will be hidden, the commissioner shall also enclose a secrecy 29 envelope with the absentee ballot. 30 (2) The absentee ballot shall be enclosed in an unsealed 31 return envelope imprinted with a serial number and affidavit 32 and marked postage paid. The absentee ballot and return 33 envelope shall be enclosed in a second envelope to be sent 34 to the registered voter. If the ballot cannot be folded so 35 -4- LSB 5683YC (1) 85 aw/sc 4/ 12

H.F. _____ that all of the votes cast on the ballot will be hidden, the 1 commissioner shall also enclose a secrecy envelope with the 2 absentee ballot. 3 b. The affidavit shall be imprinted on the appropriate 4 envelope in a form prescribed by the state commissioner of 5 elections. 6 Sec. 8. Section 53.10, subsection 2, Code 2014, is amended 7 to read as follows: 8 2. Each person who wishes to vote by absentee ballot at 9 the commissioner’s office shall first sign an application for 10 a ballot including the following information: name, current 11 address, and the election for which the ballot is requested. 12 The person may report a change of address or other information 13 on the person’s voter registration record at that time. The 14 registered voter shall immediately mark the ballot; enclose 15 the ballot in a secrecy envelope, if necessary, and seal it 16 in an affidavit the envelope imprinted with the affidavit ; 17 subscribe to the affidavit on the reverse side of the envelope; 18 and return the absentee ballot to the commissioner. The 19 commissioner shall record the numbers appearing on the 20 application and affidavit envelope along with the name of the 21 registered voter. 22 Sec. 9. Section 53.16, Code 2014, is amended to read as 23 follows: 24 53.16 Subscribing to affidavit. 25 After marking the ballot, the voter shall make and subscribe 26 to the affidavit on the reverse side of the affidavit envelope 27 or on the return envelope imprinted with the affidavit , and 28 fold the ballot or ballots, separately, so as to conceal 29 the markings on them, and deposit them in the envelope, and 30 securely seal the envelope. 31 Sec. 10. Section 53.17, subsection 1, unnumbered paragraph 32 1, Code 2014, is amended to read as follows: 33 The If the commissioner mailed the ballot pursuant to 34 section 53.8, subsection 1, paragraph “a” , subparagraph (1), 35 -5- LSB 5683YC (1) 85 aw/sc 5/ 12

H.F. _____ the sealed affidavit envelope containing the absentee ballot 1 shall be enclosed in a return envelope which shall be securely 2 sealed. If the commissioner mailed the ballot pursuant to 3 section 53.8, subsection 1, paragraph “a” , subparagraph (2), 4 the absentee ballot shall be enclosed in the return envelope 5 which shall be securely sealed. The sealed return envelope 6 shall be returned to the commissioner by one of the following 7 methods: 8 Sec. 11. Section 53.17, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. In order for the ballot to be counted, the return 11 envelope must be received in the commissioner’s office before 12 the polls close on election day or be clearly postmarked by an 13 officially authorized postal service not later than the day 14 before the election and received by the commissioner not later 15 than noon on the Monday following the election . 16 Sec. 12. Section 53.17, subsection 3, Code 2014, is amended 17 by striking the subsection. 18 Sec. 13. Section 53.17, subsection 4, paragraph f, Code 19 2014, is amended to read as follows: 20 f. A statement that the completed absentee ballot will 21 be delivered to the commissioner’s office within seventy-two 22 hours of retrieving it from the voter or before the closing of 23 the polls on election day, whichever is earlier, or that the 24 completed absentee ballot will be mailed to the commissioner 25 within seventy-two hours of retrieving it from the voter or 26 within time to be postmarked not later than the day before the 27 election, whichever is earlier . 28 Sec. 14. Section 53.18, subsections 2 and 3, Code 2014, are 29 amended to read as follows: 30 2. If the commissioner receives the return envelope 31 containing the completed absentee ballot by 5:00 p.m. on 32 the Saturday before the election for general and primary 33 elections and by 5:00 p.m. on the Friday before the election 34 for all other elections, the commissioner shall review the 35 -6- LSB 5683YC (1) 85 aw/sc 6/ 12

H.F. _____ affidavit imprinted on the return envelope, if applicable, for 1 completeness or shall open the return envelope to review the 2 affidavit for completeness. If the affidavit is incomplete, 3 the commissioner shall, within twenty-four hours of the time 4 the envelope was received, notify the voter of that fact and 5 that the voter may complete the affidavit in person at the 6 office of the commissioner by 5:00 p.m. on the day before the 7 election, vote a replacement ballot in the manner and within 8 the time period provided in subsection 3 , or appear at the 9 voter’s precinct polling place on election day and cast a 10 ballot in accordance with section 53.19, subsection 3 . 11 3. If the affidavit envelope or the return envelope 12 imprinted with the affidavit contains a defect that would 13 cause the absentee ballot to be rejected by the absentee 14 and special voters precinct board, the commissioner shall 15 immediately notify the voter of that fact and that the 16 voter’s absentee ballot shall not be counted unless the 17 voter requests and returns a replacement ballot in the time 18 permitted under section 53.17, subsection 2 . The voter may 19 request a replacement ballot in person, in writing, or over 20 the telephone. The same serial number that was assigned 21 to the records of the original absentee ballot application 22 shall be used on the envelope and records of the replacement 23 ballot. The affidavit envelope imprinted with the affidavit 24 and containing the completed replacement ballot shall be 25 marked “Replacement ballot”. The affidavit envelope imprinted 26 with the affidavit and containing the original ballot shall 27 be marked “Defective” and the replacement ballot shall be 28 attached to the affidavit such envelope containing the original 29 ballot and shall be stored in a secure place until they are 30 delivered to the absentee and special voters precinct board, 31 notwithstanding sections 53.26 and 53.27 . 32 Sec. 15. Section 53.21, subsection 2, paragraph b, Code 33 2014, is amended to read as follows: 34 b. The voter shall enclose one copy of the above statement 35 -7- LSB 5683YC (1) 85 aw/sc 7/ 12

H.F. _____ in the return envelope along with the affidavit envelope , if 1 the voter was mailed a separate affidavit envelope, and shall 2 retain a copy for the voter’s records. 3 Sec. 16. Section 53.23, subsection 3, paragraph b, 4 subparagraph (1), Code 2014, is amended to read as follows: 5 (1) The commissioner may direct the board to meet on the day 6 before the election for the purpose of reviewing the absentee 7 voters’ affidavits appearing on the sealed affidavit envelopes. 8 If in the commissioner’s judgment this procedure is necessary 9 due to the number of absentee ballots received, the members of 10 the board may open the sealed affidavit envelopes and remove 11 the secrecy envelope containing the ballot, but under no 12 circumstances shall a secrecy envelope or a return envelope 13 imprinted with an affidavit be opened before the board convenes 14 on election day, except as provided in paragraph “c” . If the 15 affidavit envelopes are opened before election day pursuant 16 to this paragraph “b” , two observers, one appointed by each 17 of the two political parties referred to in section 49.13, 18 subsection 2 , shall witness the proceedings. The observers 19 shall be appointed by the county chairperson or, if the 20 county chairperson fails to make an appointment, by the state 21 chairperson. However, if either or both political parties fail 22 to appoint an observer, the commissioner may continue with the 23 proceedings. 24 Sec. 17. Section 53.23, subsection 5, Code 2014, is amended 25 to read as follows: 26 5. The special precinct election board shall preserve 27 the secrecy of all absentee and provisional ballots. After 28 the affidavits on the envelopes have been reviewed and the 29 qualifications of the persons casting the ballots have been 30 determined, those that have been accepted for counting shall 31 be opened. The ballots shall be removed from the affidavit 32 envelopes or return envelopes imprinted with the affidavit, as 33 applicable, without being unfolded or examined, and then shall 34 be thoroughly intermingled, after which they shall be unfolded 35 -8- LSB 5683YC (1) 85 aw/sc 8/ 12

H.F. _____ and tabulated. If secrecy folders or envelopes are used with 1 provisional paper ballots, the ballots shall be removed from 2 the secrecy folders after the ballots have been intermingled. 3 Sec. 18. Section 53.25, Code 2014, is amended to read as 4 follows: 5 53.25 Rejecting ballot. 6 1. If the absentee voter’s affidavit lacks the voter’s 7 signature, if the applicant is not a duly registered voter on 8 election day in the precinct where the absentee ballot was 9 cast, if the affidavit envelope imprinted with the affidavit 10 contains more than one ballot of any one kind, or if the 11 voter has voted in person, such vote shall be rejected by the 12 absentee and special voters precinct board. If the affidavit 13 envelope or return envelope imprinted with the affidavit is 14 open, or has been opened and resealed, or if the ballot is 15 not enclosed in the affidavit such envelope, and an affidavit 16 envelope or return envelope imprinted with the affidavit with 17 the same serial number and marked “Replacement ballot” is 18 not attached as provided in section 53.18 , the vote shall be 19 rejected by the absentee and special voters precinct board. 20 2. If the absentee ballot is rejected prior to the opening 21 of the affidavit envelope or return envelope imprinted with the 22 affidavit , the voter casting the ballot shall be notified by a 23 precinct election official by the time the canvass is completed 24 of the reason for the rejection on a form prescribed by the 25 state commissioner of elections. 26 Sec. 19. Section 53.27, Code 2014, is amended to read as 27 follows: 28 53.27 Rejection of ballot —— return of envelope. 29 If the ballot is rejected, the affidavit envelope , imprinted 30 with the affidavit of , with the voter endorsed voter’s 31 endorsement thereon, shall be returned with the rejected ballot 32 in the envelope endorsed “Defective ballots”. 33 Sec. 20. Section 53.30, Code 2014, is amended to read as 34 follows: 35 -9- LSB 5683YC (1) 85 aw/sc 9/ 12

H.F. _____ 53.30 Ballots, ballot envelopes, and other information 1 preserved. 2 At the conclusion of each meeting of the absentee and 3 special voter’s precinct board, the board shall securely 4 seal all ballots counted by them in the manner prescribed in 5 section 50.12 . The ballot envelopes, including the affidavit 6 envelope having the registered voter’s affidavit on it if an 7 affidavit envelope was provided , the return envelope, and 8 secrecy envelope bearing the signatures of precinct election 9 officials, as required by section 53.23 , shall be preserved. 10 All applications for absentee ballots, ballots rejected without 11 being opened, absentee ballot logs, and any other documents 12 pertaining to the absentee ballot process shall be preserved 13 until such time as the documents may be destroyed pursuant to 14 section 50.19 . 15 Sec. 21. Section 53.32, Code 2014, is amended to read as 16 follows: 17 53.32 Ballot of deceased voter. 18 When it shall be made to appear by due proof to the precinct 19 election officials that any elector, who has so marked and 20 forwarded a ballot, has died before the affidavit envelope 21 imprinted with the affidavit is opened, then the ballot of 22 such deceased voter shall be endorsed, “Rejected because voter 23 is dead”, and be returned to the commissioner ; but the . The 24 casting of the ballot of a deceased voter shall not invalidate 25 the election. 26 Sec. 22. Section 53.38, Code 2014, is amended to read as 27 follows: 28 53.38 What constitutes registration. 29 Whenever a ballot is requested pursuant to section 53.39 or 30 53.45 on behalf of a voter in the armed forces of the United 31 States, the affidavit upon the affidavit envelope imprinted 32 with the affidavit of such voter, if the voter is found to 33 be an eligible elector of the county to which the ballot is 34 submitted, shall constitute a sufficient registration under 35 -10- LSB 5683YC (1) 85 aw/sc 10/ 12

H.F. _____ chapter 48A . A completed federal postcard registration and 1 federal absentee ballot request form submitted by such eligible 2 elector shall also constitute a sufficient registration under 3 chapter 48A . The commissioner shall place the voter’s name 4 on the registration record as a registered voter if it does 5 not already appear there. The identification requirements of 6 section 48A.8 and the verification requirements of section 7 48A.25A do not apply to persons who register to vote under this 8 division . 9 Sec. 23. Section 53.40, subsection 3, Code 2014, is amended 10 to read as follows: 11 3. If the affidavit on the affidavit envelope imprinted 12 with the affidavit shows that the affiant is not a qualified 13 voter on the day of the election at which the ballot is 14 offered for voting, the envelope shall not be opened, but 15 the envelope and ballot contained in the envelope shall be 16 preserved and returned by the precinct election officials to 17 the commissioner, who shall preserve them for the period of 18 time and under the conditions provided for in sections 50.12 , 19 50.13 , 50.15 , and 50.19 . 20 Sec. 24. Section 53.44, unnumbered paragraph 1, Code 2014, 21 is amended to read as follows: 22 The affidavit on the affidavit envelope imprinted with the 23 affidavit used in connection with voting by absentee ballot 24 under this division by members of the armed forces of the 25 United States need not be notarized or witnessed, but the 26 affidavit on such envelope shall be completed and signed by the 27 voter. 28 Sec. 25. REPEAL. Sections 53.13 and 53.14, Code 2014, are 29 repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the administration of elections and 34 voter registration. 35 -11- LSB 5683YC (1) 85 aw/sc 11/ 12

H.F. _____ Under current law, voter registration closes at 5:00 p.m. 1 10 days prior to a general or primary election and 11 days 2 prior to all other elections. The bill requires that voter 3 registration close 11 days prior to primary elections. 4 Relating to completed absentee ballots mailed to the 5 commissioner, the bill provides that in order for an absentee 6 ballot to be counted, the return envelope must be received in 7 the commissioner’s office before the polls close on election 8 day. Under current law, in order to be counted, the absentee 9 ballot must be received before the polls close on election 10 day or must be postmarked not later than the day before the 11 election and received by the county commissioner of elections 12 no later than 12:00 p.m. on the Monday following that election. 13 Relating to the envelopes provided to absentee voters, under 14 current law, absentee ballots mailed to a voter are required 15 to be enclosed in an unsealed envelope bearing a serial number 16 and an affidavit, which are then required to be enclosed in or 17 with a return envelope, all of which are then required to be 18 enclosed in a third envelope to be sent to the registered voter 19 requesting an absentee ballot. 20 The bill allows for an affidavit to be imprinted on the 21 return envelope. If a return envelope imprinted with the 22 affidavit is used, absentee ballots mailed to a voter are 23 required to be enclosed in the unsealed return envelope 24 imprinted with the affidavit which is required to be enclosed 25 in a second envelope to be sent to the registered voter 26 requesting an absentee ballot. The bill allows a county 27 commissioner of elections to continue sending absentee ballots 28 as provided under current law or to send absentee ballots 29 utilizing a return envelope imprinted with the affidavit. The 30 bill makes additional conforming changes. 31 The bill also repeals Code section 53.14 which requires that 32 the printed affidavit designate the voter’s party affiliation 33 if the ballot enclosed is a primary election ballot. 34 -12- LSB 5683YC (1) 85 aw/sc 12/ 12