Text: H08174 Text: H08176 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2495 as follows:
1 2 #1. Page 1, by inserting after line 7, the
1 3 following:
1 4 "Sec. ___. Section 39.3, Code 1997, is amended by
1 5 adding the following new subsection:
1 6 NEW SUBSECTION. 8A. "Mail ballot election" means
1 7 an election conducted pursuant to chapter 49B."
1 8 #2. Page 3, by inserting after line 6, the
1 9 following:
1 10 "If the election is to be conducted as a mail
1 11 ballot election pursuant to chapter 49B, the
1 12 commissioner shall, not more than twenty days and not
1 13 less than four days before the date that ballots are
1 14 to be mailed, publish notice that a mail ballot
1 15 election will be conducted. The commissioner is not
1 16 required to publish a sample mail ballot. The notice
1 17 shall include all of the following information:
1 18 a. The date ballots will be mailed.
1 19 b. The last day that a voter can request an
1 20 absentee ballot.
1 21 c. Voter registration deadlines.
1 22 d. Location or locations where mail ballots can be
1 23 deposited pursuant to section 49B.14.
1 24 e. Instructions for obtaining a replacement ballot
1 25 if a voter's ballot is destroyed, spoiled, lost, or
1 26 not received pursuant to section 49B.10."
1 27 #3. Page 3, line 12, by inserting after the figure
1 28 "49.81." the following: "A person who has been sent a
1 29 mail ballot election ballot but for any reason has not
1 30 received it shall, in accordance with section 49B.10,
1 31 either be mailed another ballot or shall be permitted
1 32 to cast a ballot in person at the office of the county
1 33 commissioner."
1 34 #4. Page 3, by inserting after line 12 the
1 35 following:
1 36 "Sec. . NEW SECTION. 49B.1 MAIL BALLOT
1 37 ELECTIONS.
1 38 An election shall not be conducted under this
1 39 chapter unless all of the following apply:
1 40 1. The use of mail ballots for the election is
1 41 authorized pursuant to section 49B.5 or section 49B.6.
1 42 2. The state commissioner of elections approves a
1 43 written plan for conduct of the election, which shall
1 44 include a written timetable for the conduct of the
1 45 election, submitted by the county commissioner.
1 46 3. The election is nonpartisan.
1 47 4. The election is not held on the same date as
1 48 another election in which registered voters of that
1 49 political subdivision are eligible to cast ballots.
1 50 5. The election is one at which only the
2 1 registered voters of one of the following political
2 2 subdivisions are eligible to vote:
2 3 a. Counties.
2 4 b. Cities.
2 5 c. School districts.
2 6 d. Merged areas.
2 7 e. Benefited districts provided in chapters 357
2 8 through 357G.
2 9 Sec. . NEW SECTION. 49B.2 DEFINITIONS.
2 10 As used in this chapter, unless the context
2 11 otherwise requires:
2 12 1. "Election day" is the date established by law
2 13 on which a particular election would be held if that
2 14 election were being conducted by means other than a
2 15 mail ballot election.
2 16 2. "Return verification envelope" means an
2 17 envelope that contains a secrecy envelope and which is
2 18 designed to allow election officials, upon examination
2 19 of the outside of the envelope, to determine that the
2 20 ballot is being submitted by someone who is in fact a
2 21 registered voter and who has not already voted.
2 22 3. "Secrecy envelope" means an envelope used to
2 23 contain the elector's ballot and that is designed to
2 24 conceal the voter's vote and to prevent the voter's
2 25 ballot from being distinguished from the ballots of
2 26 other voters.
2 27 Sec. . NEW SECTION. 49B.3 MAIL BALLOT
2 28 ELECTION PROCEDURE.
2 29 A mail ballot election shall be conducted
2 30 substantially as provided in this chapter. The state
2 31 commissioner of elections shall prescribe uniform
2 32 procedures and forms to be used in the conduct of mail
2 33 ballot elections.
2 34 Sec. . NEW SECTION. 49B.4 INITIATING A MAIL
2 35 BALLOT ELECTION.
2 36 A proposal to conduct an election under this
2 37 chapter may be initiated by either the appropriate
2 38 governing body or the county commissioner of elections
2 39 as provided in sections 49B.5 and 49B.6.
2 40 Sec. . NEW SECTION. 49B.5 INITIATION BY
2 41 GOVERNING BODY.
2 42 1. If the governing body of a political
2 43 subdivision determines that it is economically and
2 44 administratively feasible to conduct an election by
2 45 mail and the election meets the requirements of
2 46 section 49B.1, the governing body, by resolution, may
2 47 require the county commissioner of elections to
2 48 conduct the election under this chapter by filing the
2 49 resolution with the county commissioner not later than
2 50 seventy days before the date of the election.
3 1 2. After the resolution is filed, the county
3 2 commissioner shall prepare a written plan for conduct
3 3 of the election as provided in section 49B.7. At
3 4 least sixty days prior to the date set for the
3 5 election, the county commissioner shall forward a copy
3 6 of the written plan to the governing body concerned.
3 7 Sec. . NEW SECTION. 49B.6 INITIATION BY
3 8 COUNTY COMMISSIONER.
3 9 1. The county commissioner may conduct an election
3 10 which meets the requirements of section 49B.1 as a
3 11 mail ballot election if the county commissioner
3 12 determines it would be the most economically and
3 13 administratively feasible way of conducting the
3 14 election.
3 15 2. If the county commissioner decides to conduct a
3 16 mail ballot election pursuant to subsection 1, the
3 17 county commissioner shall prepare a written plan for
3 18 conduct of the election as provided in section 49B.7.
3 19 At least sixty days prior to the date set for the
3 20 election, the county commissioner shall forward a copy
3 21 of the written plan to the governing body concerned,
3 22 together with a written statement informing the
3 23 governing body of the decision to conduct the election
3 24 by mail ballot and the reasons for the decision.
3 25 Sec. . NEW SECTION. 49B.7 WRITTEN PLAN FOR
3 26 CONDUCT OF ELECTION – AMENDMENTS – APPROVAL
3 27 PROCEDURE.
3 28 1. The county commissioner shall prepare a written
3 29 plan, including a timetable, for the conduct of a mail
3 30 ballot election and shall submit it to the state
3 31 commissioner of elections at least sixty days before
3 32 the date of the election.
3 33 2. The plan may be amended by the county
3 34 commissioner any time before the fifty-fifth day
3 35 before the date of the election by notifying the state
3 36 commissioner of elections in writing of any changes.
3 37 3. Within five days after receiving the plan, and
3 38 as soon as possible after receiving any amendments,
3 39 the state commissioner of elections shall approve,
3 40 disapprove, or recommend changes to the plan or
3 41 amendments.
3 42 4. When the written plan has been approved, the
3 43 county commissioner shall proceed to conduct the
3 44 election according to the approved plan.
3 45 Sec. . NEW SECTION. 49B.8 MAILING BALLOTS.
3 46 1. Official ballots for a mail ballot election
3 47 shall be prepared and all other initial procedures for
3 48 elections shall be followed as otherwise provided by
3 49 law.
3 50 2. The county commissioner of elections shall mail
4 1 an official ballot to every registered voter of the
4 2 political subdivision conducting the election on a
4 3 date not sooner than the twentieth day before the date
4 4 of the election and not later than the tenth day
4 5 before the date of the election. An exception shall
4 6 be made for those ballots delivered as prescribed in
4 7 section 49B.13.
4 8 3. All ballots shall be mailed by first class
4 9 mail.
4 10 4. Ballots mailed by the county commissioner shall
4 11 be addressed to the address of each voter appearing in
4 12 the registration records of the political subdivision,
4 13 and placed in an envelope which is prominently marked
4 14 "Do Not Forward".
4 15 5. The ballot shall contain the following warning:
4 16 "Any person who, by use of violence, threats of
4 17 violence, or any means of duress, procures the vote of
4 18 a voter for or against any measure or candidate is
4 19 subject, upon conviction, to imprisonment or to a
4 20 fine, or both."
4 21 Sec. . NEW SECTION. 49B.9 REGISTRATION.
4 22 The county commissioner shall not mail a ballot
4 23 under this chapter to any voter not registered thirty
4 24 days before the date of the election. Voters
4 25 registered after thirty days prior to the date of the
4 26 election, but prior to the close of registration, may
4 27 apply for a ballot under section 49B.10.
4 28 Sec. . NEW SECTION. 49B.l0 REPLACEMENT
4 29 BALLOTS.
4 30 If the mail ballot is destroyed, spoiled, lost, or
4 31 not received by the voter, the voter may obtain a
4 32 replacement ballot from the county commissioner as
4 33 provided in this section. A voter seeking a
4 34 replacement ballot shall sign a statement, on a form
4 35 prescribed by the state commissioner, that the ballot
4 36 was destroyed, spoiled, lost, or not received. The
4 37 voter or the voter's designee shall deliver the
4 38 statement to the county commissioner before noon on
4 39 the date of the election. The voter may mail the
4 40 statement to the county commissioner. However, a
4 41 county commissioner shall not transmit a ballot by
4 42 mail under this section unless the statement is
4 43 received before five p.m. on the fourth day before the
4 44 date of the election. When a statement is timely
4 45 received under this section, the county commissioner
4 46 shall give the ballot to the voter if the voter is
4 47 present in the office of the county commissioner, or
4 48 promptly mail the ballot to the voter at the address
4 49 contained in the statement, except when prohibited by
4 50 this section. If the voter is present in the county
5 1 commissioner's office, the ballot shall be voted at
5 2 that time. The county commissioner shall keep a
5 3 record of each replacement ballot provided under this
5 4 section. If a voter, having received and voted a
5 5 replacement ballot as provided under this section,
5 6 later finds the lost ballot, the voter shall return
5 7 the lost ballot to the county commissioner.
5 8 Sec. . NEW SECTION. 49B.11 VOTING AND RETURN
5 9 OF BALLOT.
5 10 1. A registered voter, upon receipt of a mail
5 11 ballot, shall mark the ballot in such a manner that no
5 12 other person will know how the ballot is marked and
5 13 shall place it in the secrecy envelope provided with
5 14 the ballot and shall securely seal the secrecy
5 15 envelope.
5 16 A voter who is blind, cannot read, or because of a
5 17 physical disability is unable to mark the ballot, may
5 18 be assisted by any person selected by the voter.
5 19 2. The voter shall then place the secrecy envelope
5 20 containing the ballot in the return verification
5 21 envelope and sign and securely seal the return
5 22 verification envelope. The sealed return verification
5 23 envelope shall be returned to the county commissioner
5 24 by one of the following methods:
5 25 a. The sealed return verification envelope may be
5 26 delivered by the registered voter or the voter's
5 27 designee to the county commissioner's office or a
5 28 place designated by the commissioner no later than the
5 29 time the polls close on election day.
5 30 b. The sealed return verification envelope may be
5 31 mailed, postage paid, to the county commissioner. In
5 32 order for the ballot to be counted, the return
5 33 verification envelope must be clearly postmarked by an
5 34 officially authorized postal service not later than
5 35 the day before the election and received by the county
5 36 commissioner not later than the time established for
5 37 the canvass by the board of supervisors for that
5 38 election. The county commissioner shall contact the
5 39 post office serving the county commissioner's office
5 40 at the latest practical hour prior to the canvass by
5 41 the board of supervisors for that election, and shall
5 42 arrange for return verification envelopes received in
5 43 that post office but not yet delivered to the
5 44 commissioner's office to be brought to the
5 45 commissioner's office prior to the canvass for that
5 46 election by the board of supervisors.
5 47 Sec. . NEW SECTION. 49B.12 ABSENTEE BALLOTS.
5 48 1. A registered voter who will be absent from the
5 49 precinct during the time when the ballots are mailed
5 50 may do either of the following:
6 1 a. Vote in person in the county commissioner's
6 2 office as soon as ballots are available and until noon
6 3 the day before the ballots are scheduled to be mailed.
6 4 b. Make a written request, signed by the voter and
6 5 addressed to the county commissioner, that the ballot
6 6 be mailed to an address other than that which appears
6 7 on the voter's registration record. Written requests
6 8 shall be accepted until noon the day before the
6 9 ballots are scheduled to be mailed.
6 10 2. Ballots mailed to voters pursuant to this
6 11 section shall be mailed the same day that all other
6 12 ballots are mailed.
6 13 Sec. . NEW SECTION. 49B.13 BALLOTING BY
6 14 CONFINED PERSONS.
6 15 A person who is a resident or patient in a health
6 16 care facility or hospital located in the county in
6 17 which the election is to be held shall not be mailed a
6 18 ballot but shall have a ballot delivered in the manner
6 19 prescribed by section 53.22, subsection 1.
6 20 Sec. . NEW SECTION. 49B.14 PERSONAL DELIVERY
6 21 OF MAIL BALLOT – SATELLITE VOTING STATIONS.
6 22 Satellite voting stations for the deposit of mail
6 23 ballots shall be established throughout the cities and
6 24 county at the direction of the county commissioner or
6 25 upon receipt of a petition signed by not less than one
6 26 hundred eligible electors requesting that a satellite
6 27 voting station be established at a location to be
6 28 described in the petition. A petition requesting a
6 29 satellite voting station must be filed no later than
6 30 five p.m. on the eleventh day before the election. A
6 31 satellite voting station established at the direction
6 32 of the commissioner or by petition shall be open from
6 33 eight a.m. until five p.m. on the day of the election.
6 34 Sec. . NEW SECTION. 49B.15 RECEIPT OF BALLOT
6 35 – SIGNATURE VERIFICATION.
6 36 When a mail ballot is returned, the county
6 37 commissioner, or the county commissioner's designees,
6 38 shall first qualify the submitted ballot by examining
6 39 the return verification envelope to determine whether
6 40 it is submitted by a registered voter who has not
6 41 previously voted. A ballot shall be counted only if
6 42 it is returned in the return verification envelope,
6 43 the envelope is signed by the voter to whom the ballot
6 44 is issued, and the signature has been verified as
6 45 provided in this section.
6 46 The county commissioner or the county
6 47 commissioner's designees shall verify the signature of
6 48 each voter on the return verification envelope with
6 49 the signature in the voter's registration records and
6 50 may commence verification at any time before election
7 1 day. If the county commissioner determines that a
7 2 voter to whom a replacement ballot has been issued
7 3 under section 49B.l0 has voted more than once, the
7 4 county commissioner shall not count any ballot cast by
7 5 the voter.
7 6 If the voter's signature is verified and the ballot
7 7 is otherwise valid, the county commissioner or the
7 8 county commissioner's designees shall then deposit the
7 9 ballot unopened in an official ballot box.
7 10 Sec. . NEW SECTION. 49B.16 PROCEDURE FOR
7 11 INVALID BALLOTS.
7 12 If the county commissioner is not convinced that
7 13 the individual who signed the return verification
7 14 envelope is the voter whose name appears on the
7 15 registration card, the county commissioner shall not
7 16 validate the ballot but shall do all of the following:
7 17 1. Give notice to the voter as follows:
7 18 a. As soon as possible after receipt of a voter's
7 19 ballot, give notice to the voter, either by telephone
7 20 or by first class mail, if the county commissioner is
7 21 unable to verify the voter's signature.
7 22 b. Inform the voter that the voter may appear in
7 23 person at the county commissioner's office prior to
7 24 the close of the polls on election day and verify the
7 25 signature.
7 26 2. Permit any voter appearing pursuant to
7 27 subsection 1, paragraph "b", to:
7 28 a. Verify the voter's signature, after proof of
7 29 identification, by affirming that the signature is in
7 30 fact the voter's or by completing a new registration
7 31 card containing the voter's current signature.
7 32 b. If necessary, request and receive a replacement
7 33 ballot and vote at that time.
7 34 3. If the discrepancy is not rectified to the
7 35 county commissioner's satisfaction, present the
7 36 unopened envelope and the registration card to the
7 37 special precinct election board for a determination.
7 38 If the election board is unable to resolve the issue
7 39 to its satisfaction, the ballot shall not be counted.
7 40 Sec. . NEW SECTION. 49B.17 COUNTING BALLOTS.
7 41 Mail ballots shall be counted in the manner
7 42 prescribed by section 53.23. The county commissioner
7 43 shall supervise the procedures for the handling,
7 44 counting, and canvassing of ballots to ensure the
7 45 safety and confidentiality of all ballots properly
7 46 cast.
7 47 Sec. . NEW SECTION. 49B.18 CHALLENGES.
7 48 Votes cast pursuant to this chapter can be
7 49 challenged in the manner prescribed by sections 49.79
7 50 through 49.81, as applicable.
8 1 Sec. . NEW SECTION. 49B.19 CANVASS OF VOTES.
8 2 The provisions of chapter 50 relating to canvass of
8 3 votes apply to this chapter only to the extent they do
8 4 not conflict with this chapter.
8 5 Sec. . NEW SECTION. 49B.20 OTHER LAWS.
8 6 All laws which apply to elections apply to mail
8 7 ballot elections held under this chapter to the extent
8 8 applicable.
8 9 Sec. . NEW SECTION. 49B.21 RULES.
8 10 The state commissioner of elections shall adopt
8 11 rules pursuant to chapter 17A to govern the procedures
8 12 and forms necessary to implement this chapter. The
8 13 authority of the state commissioner to adopt rules
8 14 under this chapter shall be liberally construed.
8 15 Sec. . NEW SECTION. 49B.22 MISCONDUCT –
8 16 VIOLATIONS – PENALTIES.
8 17 1. A person who, by use of violence, threats of
8 18 violence, or any means of duress, procures or
8 19 endeavors to procure the vote of a voter for or
8 20 against any measure or candidate commits an aggravated
8 21 misdemeanor.
8 22 2. A person who violates or attempts to violate
8 23 any provision or requirement of this chapter for which
8 24 a penalty is not otherwise provided commits a simple
8 25 misdemeanor."
8 26 #5. By renumbering as necessary.
8 27
8 28
8 29
8 30 RICHARDSON of Warren
8 31 HF 2495.302 77
8 32 sc/cf/28
Text: H08174 Text: H08176 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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