HF 692 (LSB 2429HV (2) 88)

HOUSE FILE 692

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 608)

A BILL FOR

An Act relating to the tracking and counting of mailed absentee ballots.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 53.17, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  The sealed return envelope may be mailed to the commissioner by the registered voter or by the voter’s designee. If mailed by the voter’s designee, the envelope must be mailed within seventy-two hours of retrieving it from the voter or within time to be postmarked or, if applicable, to have the intelligent mail postal service barcode traced to a date of entry into the federal mail system not later than the day before the election, as provided in section 53.17A, whichever is earlier.
    Sec. 2.  Section 53.17, subsection 2, Code 2019, is amended to read as follows:
   2.  In order for the ballot to be counted, the return envelope must be received in the commissioner’s office before the polls close on election day or be clearly postmarked by an officially authorized postal service or bear an intelligent mail a postal service barcode traceable to a date of entry into the federal mail system not later than the day before the election, as provided in section 53.17A, and received by the commissioner not later than noon on the Monday following the election.
    Sec. 3.  Section 53.17, subsection 4, paragraph f, Code 2019, is amended to read as follows:
   f.  A statement that the completed absentee ballot will be delivered to the commissioner’s office within seventy-two hours of retrieving it from the voter or before the closing of the polls on election day, whichever is earlier, or that the completed absentee ballot will be mailed to the commissioner within seventy-two hours of retrieving it from the voter or within time to be postmarked or, if applicable, to have the intelligent mail postal service barcode traced to a date of entry into the federal mail system not later than the day before the election, as provided in section 53.17A, whichever is earlier.
    Sec. 4.  NEW SECTION.  53.17A  Absentee ballot tracking.
   1.  For the purposes of this chapter:
   a.  “Postal service barcode” means a barcode purchased by the sender and supplied by the United States postal service that is used to sort and track letters and flat packages and is printed on an absentee ballot return envelope at the direction of the commissioner before the envelope is sent to the voter.
   b.  “Tracking information database” means a database administered by the United States postal service that is accessible to the commissioner and contains information regarding letters or flat packages.
   2.  a.  Prior to implementing for the first time, discontinuing the usage of, or reimplementing the usage of a postal service barcode and tracking information, the commissioner shall send notice to the state commissioner prior to October 1, 2020, for an election taking place in 2020 after that date, and by October 1 of each year thereafter.
   b.  The commissioner shall not implement or discontinue the use of a postal service barcode or tracking information database during an election after an absentee ballot has been mailed for that election pursuant to section 53.8.
   c.  The state commissioner shall adopt rules regarding the statewide implementation of a postal service barcode and tracking information database, including procedures to be followed when usage of a postal service barcode or the tracking information database is negatively impacted. Each commissioner shall use a postal service barcode and tracking information database consistent with rules of the state commissioner. Every commissioner shall send notice to the state commissioner and implement the use of a postal service barcode and tracking information database prior to October 1, 2020.
   3.  a.  An absentee ballot received after the polls close on election day but prior to the official canvass shall be counted if the commissioner determines that the ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22. The date of entry of such an absentee ballot into the federal mail system shall only be verified as provided in paragraph “b”.
   b.  (1)  If the postmark indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be included for canvass by the absentee and special voters precinct board.
   (2)  If the postmark is illegible, missing, or dated on or after election day, the commissioner shall attempt to verify the ballot’s date of entry into the federal mail system by querying the postal service barcode in the tracking information database. If the tracking information database indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be included for canvass by the absentee and special voters precinct board. The commissioner shall provide a report to the absentee and special voters precinct board regarding the information available in the tracking information database.
   (3)  If there is a discrepancy between the date indicated by the postmark and the postal service barcode, the earlier of the two shall determine the date of entry of the absentee ballot into the federal mail system.
   (4)  (a)  If neither the postmark nor the postal service barcode indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the absentee ballot shall be sent to the absentee and special voters precinct board pursuant to subparagraph division (b) with the numeric value assigned to the postal service barcode and a full report from the tracking information database.
   (b)  An absentee and special voters precinct board member from each political party for partisan elections, or any two members of the board for nonpartisan elections, shall review the postal service barcode and tracking database information report of each absentee ballot submitted pursuant to subparagraph division (a) and certify that the tracking information database report corresponds to the absentee ballot by initialing the report and the absentee ballot envelope. If the board concludes that the postal service barcode and tracking information database report verify that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be counted. Otherwise, the ballot shall not be counted.
   4.  The commissioner shall file a report regarding absentee ballot tracking and counting for each general election no later than December 1 following each general election. The report shall be in a form prescribed by the state commissioner.
    Sec. 5.  Section 53.22, subsection 6, paragraph b, Code 2019, is amended to read as follows:
   b.  Absentee ballots voted under this subsection shall be delivered to the commissioner no later than the time the polls are closed on election day. If the ballot is returned by mail the return envelope must be received by the time the polls close, or be clearly postmarked by an officially authorized postal service or bear an intelligent mail a postal service barcode traceable to a date of entry into the federal mail system not later than the day before the election, as provided in section 53.17A, and received by the commissioner no later than the time established for the canvass by the board of supervisors for that election.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a system for the tracking and counting of mailed absentee ballots. The bill, consistent with rules of the state commissioner of elections, requires a county commissioner of elections to implement a system for the tracking and counting of absentee ballots utilizing a postal service barcode printed on absentee ballot envelopes by the commissioner and a tracking information database containing the tracking information for absentee ballots. The commissioner must send notice to the state commissioner of elections by October 1 prior to using such a system for the first time, discontinuing such a system, or reimplements such a system.
   The bill provides that a mailed absentee ballot that arrives after the polls close on election day shall only be counted after it is verified that the ballot entered the federal mail system by the day before election day. If the postmark or postal service barcode indicates that the ballot entered the federal mail system by the day before election day, the ballot shall be included for canvass by the absentee and special voters precinct board. If there is a discrepancy between the date indicated by the postmark and the postal service barcode, the earlier date shall be used to determine the date the ballot entered the federal mail system. If the commissioner uses a postal service barcode to verify the date of entry of a ballot into the federal mail system, the commissioner shall send a report detailing the information in the tracking information database to the absentee and special voters precinct board.
   If neither the postmark nor the postal service barcode indicates that the ballot entered the federal mail system by the deadline, the ballot shall be sent to the absentee and special voters precinct board with the numeric value assigned to the postal service barcode and a report from the tracking information database. A member of the board for each party, or, for nonpartisan elections, any two members of the board, shall examine the barcode and tracking information and verify that they correspond to the absentee ballot. If the board concludes that the postal service barcode and the report from the tracking information database indicate that the absentee ballot entered the federal mail system by the deadline, the ballot shall be counted. Otherwise, the ballot shall not be counted.
   The bill requires each commissioner to file a report regarding absentee ballot tracking and counting for each general election no later than December 1 following each general election in a form prescribed by the state commissioner of elections.