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1 1 Section 1. NEW SECTION. 49B.1 MAIL BALLOT ELECTIONS.
1 2 An election shall not be conducted under this chapter
1 3 unless all of the following apply:
1 4 1. The use of mail ballots for the election is authorized
1 5 pursuant to section 49B.5 or section 49B.6.
1 6 2. The state commissioner of elections approves a written
1 7 plan for conduct of the election, which shall include a
1 8 written timetable for the conduct of the election, submitted
1 9 by the county commissioner.
1 10 3. The election is nonpartisan.
1 11 4. The election is not held on the same date as another
1 12 election in which registered voters of that political
1 13 subdivision are eligible to cast ballots.
1 14 5. The election is one at which only the registered voters
1 15 of one of the following political subdivisions are eligible to
1 16 vote:
1 17 a. Counties.
1 18 b. Cities.
1 19 c. School districts.
1 20 d. Merged areas.
1 21 e. Benefited districts provided in chapters 357 through
1 22 357G.
1 23 Sec. 2. NEW SECTION. 49B.2 DEFINITIONS.
1 24 As used in this chapter, unless the context otherwise
1 25 requires:
1 26 1. "Election day" is the date established by law on which
1 27 a particular election would be held if that election were
1 28 being conducted by means other than a mail ballot election.
1 29 2. "Return verification envelope" means an envelope that
1 30 contains a secrecy envelope and which is designed to allow
1 31 election officials, upon examination of the outside of the
1 32 envelope, to determine that the ballot is being submitted by
1 33 someone who is in fact a registered voter and who has not
1 34 already voted.
1 35 3. "Secrecy envelope" means an envelope used to contain
2 1 the elector's ballot and that is designed to conceal the
2 2 voter's vote and to prevent the voter's ballot from being
2 3 distinguished from the ballots of other voters.
2 4 Sec. 3. NEW SECTION. 49B.3 MAIL BALLOT ELECTION
2 5 PROCEDURE.
2 6 A mail ballot election shall be conducted substantially as
2 7 provided in this chapter. The state commissioner of elections
2 8 shall prescribe uniform procedures and forms to be used in the
2 9 conduct of mail ballot elections.
2 10 Sec. 4. NEW SECTION. 49B.4 INITIATING A MAIL BALLOT
2 11 ELECTION.
2 12 A proposal to conduct an election under this chapter may be
2 13 initiated by either the appropriate governing body or the
2 14 county commissioner of elections as provided in sections 49B.5
2 15 and 49B.6.
2 16 Sec. 5. NEW SECTION. 49B.5 INITIATION BY GOVERNING BODY.
2 17 1. If the governing body of a political subdivision
2 18 determines that it is economically and administratively
2 19 feasible to conduct an election by mail and the election meets
2 20 the requirements of section 49B.1, the governing body, by
2 21 resolution, may require the county commissioner of elections
2 22 to conduct the election under this chapter by filing the
2 23 resolution with the county commissioner not later than seventy
2 24 days before the date of the election.
2 25 2. After the resolution is filed, the county commissioner
2 26 shall prepare a written plan for conduct of the election as
2 27 provided in section 49B.7. At least sixty days prior to the
2 28 date set for the election, the county commissioner shall
2 29 forward a copy of the written plan to the governing body
2 30 concerned.
2 31 Sec. 6. NEW SECTION. 49B.6 INITIATION BY COUNTY
2 32 COMMISSIONER.
2 33 1. The county commissioner may conduct an election which
2 34 meets the requirements of section 49B.1 as a mail ballot
2 35 election if the county commissioner determines it would be the
3 1 most economically and administratively feasible way of
3 2 conducting the election.
3 3 2. If the county commissioner decides to conduct a mail
3 4 ballot election pursuant to subsection 1, the county
3 5 commissioner shall prepare a written plan for conduct of the
3 6 election as provided in section 49B.7. At least sixty days
3 7 prior to the date set for the election, the county
3 8 commissioner shall forward a copy of the written plan to the
3 9 governing body concerned, together with a written statement
3 10 informing the governing body of the decision to conduct the
3 11 election by mail ballot and the reasons for the decision.
3 12 Sec. 7. NEW SECTION. 49B.7 WRITTEN PLAN FOR CONDUCT OF
3 13 ELECTION – AMENDMENTS – APPROVAL PROCEDURE.
3 14 1. The county commissioner shall prepare a written plan,
3 15 including a timetable, for the conduct of a mail ballot
3 16 election and shall submit it to the state commissioner of
3 17 elections at least sixty days before the date of the election.
3 18 2. The plan may be amended by the county commissioner any
3 19 time before the fifty-fifth day before the date of the
3 20 election by notifying the state commissioner of elections in
3 21 writing of any changes.
3 22 3. Within five days after receiving the plan, and as soon
3 23 as possible after receiving any amendments, the state
3 24 commissioner of elections shall approve, disapprove, or
3 25 recommend changes to the plan or amendments.
3 26 4. When the written plan has been approved, the county
3 27 commissioner shall proceed to conduct the election according
3 28 to the approved plan.
3 29 Sec. 8. NEW SECTION. 49B.8 PUBLICATION OF NOTICE.
3 30 The county commissioner shall, not more than ten days and
3 31 not less than four days before the date that ballots are to be
3 32 mailed, publish notice that a mail ballot election will be
3 33 conducted. The notice shall include all of the following
3 34 information:
3 35 1. The date ballots will be mailed.
4 1 2. The last day that a voter can request an absentee
4 2 ballot.
4 3 3. Voter registration deadlines.
4 4 4. Location or locations where mail ballots can be
4 5 deposited pursuant to section 49B.15.
4 6 5. Instructions for obtaining a replacement ballot if a
4 7 voter's ballot is destroyed, spoiled, lost, or not received
4 8 pursuant to section 49B.11.
4 9 The county commissioner is not required to publish a sample
4 10 ballot.
4 11 Sec. 9. NEW SECTION. 49B.9 MAILING BALLOTS.
4 12 1. Official ballots for a mail ballot election shall be
4 13 prepared and all other initial procedures for elections shall
4 14 be followed as otherwise provided by law.
4 15 2. The county commissioner of elections shall mail an
4 16 official ballot to every registered voter of the political
4 17 subdivision conducting the election on a date not sooner than
4 18 the twentieth day before the date of the election and not
4 19 later than the tenth day before the date of the election. An
4 20 exception shall be made for those ballots delivered as
4 21 prescribed in section 49B.14.
4 22 3. All ballots shall be mailed by first class mail.
4 23 4. Ballots mailed by the county commissioner shall be
4 24 addressed to the address of each voter appearing in the
4 25 registration records of the political subdivision, and placed
4 26 in an envelope which is prominently marked "Do Not Forward".
4 27 5. The ballot shall contain the following warning:
4 28 "Any person who, by use of violence, threats of violence,
4 29 or any means of duress, procures the vote of a voter for or
4 30 against any measure or candidate is subject, upon conviction,
4 31 to imprisonment or to a fine, or both."
4 32 Sec. 10. NEW SECTION. 49B.10 REGISTRATION.
4 33 The county commissioner shall not mail a ballot under this
4 34 chapter to any voter not registered thirty days before the
4 35 date of the election. Voters registered after thirty days
5 1 prior to the date of the election, but prior to the close of
5 2 registration, may apply for a ballot under section 49B.11.
5 3 Sec. 11. NEW SECTION. 49B.ll REPLACEMENT BALLOTS.
5 4 If the mail ballot is destroyed, spoiled, lost, or not
5 5 received by the voter, the voter may obtain a replacement
5 6 ballot from the county commissioner as provided in this
5 7 section. A voter seeking a replacement ballot shall sign a
5 8 statement, on a form prescribed by the state commissioner,
5 9 that the ballot was destroyed, spoiled, lost, or not received.
5 10 The voter or the voter's designee shall deliver the statement
5 11 to the county commissioner before noon on the date of the
5 12 election. The voter may mail the statement to the county
5 13 commissioner. However, a county commissioner shall not
5 14 transmit a ballot by mail under this section unless the
5 15 statement is received before five p.m. on the fourth day
5 16 before the date of the election. When a statement is timely
5 17 received under this section, the county commissioner shall
5 18 give the ballot to the voter if the voter is present in the
5 19 office of the county commissioner, or promptly mail the ballot
5 20 to the voter at the address contained in the statement, except
5 21 when prohibited by this section. If the voter is present in
5 22 the county commissioner's office, the ballot shall be voted at
5 23 that time. The county commissioner shall keep a record of
5 24 each replacement ballot provided under this section. If a
5 25 voter, having received and voted a replacement ballot as
5 26 provided under this section, later finds the lost ballot, the
5 27 voter shall return the lost ballot to the county commissioner.
5 28 Sec. 12. NEW SECTION. 49B.12 VOTING AND RETURN OF
5 29 BALLOT.
5 30 1. A registered voter, upon receipt of a mail ballot,
5 31 shall mark the ballot in such a manner that no other person
5 32 will know how the ballot is marked and shall place it in the
5 33 secrecy envelope provided with the ballot and shall securely
5 34 seal the secrecy envelope.
5 35 A voter who is blind, cannot read, or because of a physical
6 1 disability is unable to mark the ballot, may be assisted by
6 2 any person selected by the voter.
6 3 2. The voter shall then place the secrecy envelope
6 4 containing the ballot in the return verification envelope and
6 5 sign and securely seal the return verification envelope. The
6 6 sealed return verification envelope shall be returned to the
6 7 county commissioner by one of the following methods:
6 8 a. The sealed return verification envelope may be
6 9 delivered by the registered voter or the voter's designee to
6 10 the county commissioner's office or a place designated by the
6 11 commissioner no later than the time the polls close on
6 12 election day.
6 13 b. The sealed return verification envelope may be mailed,
6 14 postage paid, to the county commissioner. In order for the
6 15 ballot to be counted, the return verification envelope must be
6 16 clearly postmarked by an officially authorized postal service
6 17 not later than the day before the election and received by the
6 18 county commissioner not later than the time established for
6 19 the canvass by the board of supervisors for that election.
6 20 The county commissioner shall contact the post office serving
6 21 the county commissioner's office at the latest practical hour
6 22 prior to the canvass by the board of supervisors for that
6 23 election, and shall arrange for return verification envelopes
6 24 received in that post office but not yet delivered to the
6 25 commissioner's office to be brought to the commissioner's
6 26 office prior to the canvass for that election by the board of
6 27 supervisors.
6 28 Sec. 13. NEW SECTION. 49B.13 ABSENTEE BALLOTS.
6 29 1. A registered voter who will be absent from the precinct
6 30 during the time when the ballots are mailed may do either of
6 31 the following:
6 32 a. Vote in person in the county commissioner's office as
6 33 soon as ballots are available and until noon the day before
6 34 the ballots are scheduled to be mailed.
6 35 b. Make a written request, signed by the voter and
7 1 addressed to the county commissioner, that the ballot be
7 2 mailed to an address other than that which appears on the
7 3 voter's registration record. Written requests shall be
7 4 accepted until noon the day before the ballots are scheduled
7 5 to be mailed.
7 6 2. Ballots mailed to voters pursuant to this section shall
7 7 be mailed the same day that all other ballots are mailed.
7 8 Sec. 14. NEW SECTION. 49B.14 BALLOTING BY CONFINED
7 9 PERSONS.
7 10 A person who is a resident or patient in a health care
7 11 facility or hospital located in the county in which the
7 12 election is to be held shall not be mailed a ballot but shall
7 13 have a ballot delivered in the manner prescribed by section
7 14 53.22, subsection 1.
7 15 Sec. 15. NEW SECTION. 49B.15 PERSONAL DELIVERY OF MAIL
7 16 BALLOT – SATELLITE VOTING STATIONS.
7 17 Satellite voting stations for the deposit of mail ballots
7 18 shall be established throughout the cities and county at the
7 19 direction of the county commissioner or upon receipt of a
7 20 petition signed by not less than one hundred eligible electors
7 21 requesting that a satellite voting station be established at a
7 22 location to be described in the petition. A petition
7 23 requesting a satellite voting station must be filed no later
7 24 than five p.m. on the eleventh day before the election. A
7 25 satellite voting station established at the direction of the
7 26 commissioner or by petition shall be open from eight a.m.
7 27 until five p.m. on the day of the election.
7 28 Sec. 16. NEW SECTION. 49B.16 RECEIPT OF BALLOT –
7 29 SIGNATURE VERIFICATION.
7 30 When a mail ballot is returned, the county commissioner, or
7 31 the county commissioner's designees, shall first qualify the
7 32 submitted ballot by examining the return verification envelope
7 33 to determine whether it is submitted by a registered voter who
7 34 has not previously voted. A ballot shall be counted only if
7 35 it is returned in the return verification envelope, the
8 1 envelope is signed by the voter to whom the ballot is issued,
8 2 and the signature has been verified as provided in this
8 3 section.
8 4 The county commissioner or the county commissioner's
8 5 designees shall verify the signature of each voter on the
8 6 return verification envelope with the signature in the voter's
8 7 registration records and may commence verification at any time
8 8 before election day. If the county commissioner determines
8 9 that a voter to whom a replacement ballot has been issued
8 10 under section 49B.ll has voted more than once, the county
8 11 commissioner shall not count any ballot cast by the voter.
8 12 If the voter's signature is verified and the ballot is
8 13 otherwise valid, the county commissioner or the county
8 14 commissioner's designees shall then deposit the ballot
8 15 unopened in an official ballot box.
8 16 Sec. 17. NEW SECTION. 49B.17 PROCEDURE FOR INVALID
8 17 BALLOTS.
8 18 If the county commissioner is not convinced that the
8 19 individual who signed the return verification envelope is the
8 20 voter whose name appears on the registration card, the county
8 21 commissioner shall not validate the ballot but shall do all of
8 22 the following:
8 23 1. Give notice to the voter as follows:
8 24 a. As soon as possible after receipt of a voter's ballot,
8 25 give notice to the voter, either by telephone or by first
8 26 class mail, if the county commissioner is unable to verify the
8 27 voter's signature.
8 28 b. Inform the voter that the voter may appear in person at
8 29 the county commissioner's office prior to the close of the
8 30 polls on election day and verify the signature.
8 31 2. Permit any voter appearing pursuant to subsection 1,
8 32 paragraph "b", to:
8 33 a. Verify the voter's signature, after proof of
8 34 identification, by affirming that the signature is in fact the
8 35 voter's or by completing a new registration card containing
9 1 the voter's current signature.
9 2 b. If necessary, request and receive a replacement ballot
9 3 and vote at that time.
9 4 3. If the discrepancy is not rectified to the county
9 5 commissioner's satisfaction, present the unopened envelope and
9 6 the registration card to the special precinct election board
9 7 for a determination. If the election board is unable to
9 8 resolve the issue to its satisfaction, the ballot shall not be
9 9 counted.
9 10 Sec. 18. NEW SECTION. 49B.18 COUNTING BALLOTS.
9 11 Mail ballots shall be counted in the manner prescribed by
9 12 section 53.23. The county commissioner shall supervise the
9 13 procedures for the handling, counting, and canvassing of
9 14 ballots to ensure the safety and confidentiality of all
9 15 ballots properly cast.
9 16 Sec. 19. NEW SECTION. 49B.19 CHALLENGES.
9 17 Votes cast pursuant to this chapter can be challenged in
9 18 the manner prescribed by sections 49.79 through 49.81, as
9 19 applicable.
9 20 Sec. 20. NEW SECTION. 49B.20 CANVASS OF VOTES.
9 21 The provisions of chapter 50 relating to canvass of votes
9 22 apply to this chapter only to the extent they do not conflict
9 23 with this chapter.
9 24 Sec. 21. NEW SECTION. 49B.21 OTHER LAWS.
9 25 All laws which apply to elections apply to mail ballot
9 26 elections held under this chapter to the extent applicable.
9 27 Sec. 22. NEW SECTION. 49B.22 RULES.
9 28 The state commissioner of elections shall adopt rules
9 29 pursuant to chapter 17A to govern the procedures and forms
9 30 necessary to implement this chapter. The authority of the
9 31 state commissioner to adopt rules under this chapter shall be
9 32 liberally construed.
9 33 Sec. 23. NEW SECTION. 49B.23 MISCONDUCT – VIOLATIONS –
9 34 PENALTIES.
9 35 1. A person who, by use of violence, threats of violence,
10 1 or any means of duress, procures or endeavors to procure the
10 2 vote of a voter for or against any measure or candidate
10 3 commits an aggravated misdemeanor.
10 4 2. A person who violates or attempts to violate any
10 5 provision or requirement of this chapter for which a penalty
10 6 is not otherwise provided commits a simple misdemeanor.
10 7 Sec. 24. Section 39.3, Code 1997, is amended by adding the
10 8 following new subsection:
10 9 NEW SUBSECTION. 8A. "Mail ballot election" means an
10 10 election conducted pursuant to chapter 49B.
10 11 EXPLANATION
10 12 This bill creates a new Code chapter 49B and establishes a
10 13 procedure for certain elections to be conducted primarily by
10 14 mailed ballots. To qualify for this method of election, the
10 15 election of a specified political subdivision (county, city,
10 16 school district, merged area, or benefited district) must be
10 17 the only election scheduled, must be nonpartisan, and must be
10 18 conducted pursuant to a plan proposed by the county
10 19 commissioner of elections (county auditor) and approved by the
10 20 state commissioner of elections (secretary of state).
10 21 LSB 2506SS 77
10 22 sc/cf/24
Text: SF00375 Text: SF00377 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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