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PAG LIN 1 1 Section 1. Section 13.2, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 14. Assist the state commissioner of 1 4 elections in preparing written summaries of constitutional 1 5 amendments or other public measures as required by section 1 6 49.44. 1 7 Sec. 2. NEW SECTION. 39A.1 TITLE AND PURPOSE – ELECTION 1 8 OFFICIALS DEFINED. 1 9 1. This chapter may be cited and referred to as the 1 10 "Election Misconduct and Penalties Act". 1 11 2. The purpose of this chapter is to identify actions 1 12 which threaten the integrity of the election process and to 1 13 impose significant sanctions upon persons who intentionally 1 14 commit those acts. It is the intent of the general assembly 1 15 that offenses with the greatest potential to affect the 1 16 election process be vigorously prosecuted and strong 1 17 punishment meted out through the imposition of felony 1 18 sanctions which, as a consequence, remove the voting rights of 1 19 the offenders. Other offenses are still considered serious, 1 20 but based on the factual context in which they arise, they may 1 21 not rise to the level of offenses to which felony penalties 1 22 attach. The general assembly also recognizes that instances 1 23 may arise in which technical infractions of chapters 39 1 24 through 53 may occur which do not merit any level of criminal 1 25 sanction. In such instances, administrative notice from the 1 26 state or county commissioner of elections is sufficient. 1 27 Mandates or proscriptions in chapters 39 through 53 which are 1 28 not specifically included in this chapter shall be considered 1 29 to be directive only, without criminal sanction. 1 30 3. For the purposes of this chapter, "election officials" 1 31 include the state commissioner, the county commissioner, 1 32 employees of the state commissioner and county commissioner 1 33 who are responsible for carrying out functions or duties under 1 34 chapters 39 through 53, and precinct election officials 1 35 appointed pursuant to sections 49.12, 49.14, 49.18, and 53.23. 2 1 Sec. 3. NEW SECTION. 39A.2 ELECTION MISCONDUCT IN THE 2 2 FIRST DEGREE. 2 3 1. A person commits the crime of election misconduct in 2 4 the first degree if the person willfully commits any of the 2 5 following acts: 2 6 a. REGISTRATION FRAUD. Produces, procures, submits, or 2 7 accepts voter registration applications that are known by the 2 8 person to be materially false, fictitious, forged, or 2 9 fraudulent. 2 10 b. VOTE FRAUD. 2 11 (1) Destroys, delivers, or handles an application for a 2 12 ballot or an absentee ballot with the intent of interfering 2 13 with the elector's right to vote. 2 14 (2) Produces, procures, submits, or accepts ballots or 2 15 absentee ballots, or produces, procures, casts, accepts, or 2 16 tabulates ballots that are known by the person to be 2 17 materially false, fictitious, forged, or fraudulent. 2 18 (3) Votes or attempts to vote more than once at the same 2 19 election, or voting or attempting to vote at any election 2 20 knowing oneself not to be qualified. 2 21 (4) Otherwise deprives, defrauds, or attempts to deprive 2 22 or defraud the citizens of this state of a fair and 2 23 impartially conducted election process. 2 24 c. DURESS. Intimidates, threatens, or coerces, or 2 25 attempts to intimidate, threaten, or coerce, any person who 2 26 does any of the following: 2 27 (1) Registers to vote, or votes, or attempts to register 2 28 to vote. 2 29 (2) Urges or aids any person to register to vote, to vote, 2 30 or to attempt to register to vote. 2 31 (3) Exercises any right under chapters 39 through 53. 2 32 d. BRIBERY. 2 33 (1) Pays, offers to pay, or causes to be paid money or any 2 34 other thing of value to a person to influence the person's 2 35 vote. 3 1 (2) Pays, offers to pay, or causes to be paid money or 3 2 other thing of value to an election official conditioned on 3 3 some act done or omitted to be done contrary to the person's 3 4 official duty in relation to an election. 3 5 (3) Receives money or any other thing of value knowing 3 6 that it was given in violation of subparagraph (1) or (2). 3 7 e. CONSPIRACY. Conspires with or acts as an accessory 3 8 with another to commit an act in violation of paragraphs "a" 3 9 through "d". 3 10 2. Election misconduct in the first degree is a class "D" 3 11 felony. 3 12 Sec. 4. NEW SECTION. 39A.3 ELECTION MISCONDUCT IN THE 3 13 SECOND DEGREE. 3 14 1. A person commits the crime of election misconduct in 3 15 the second degree if the person willfully commits any of the 3 16 following acts: 3 17 a. INTERFERENCE WITH VALIDITY OF ELECTION. 3 18 (1) Possesses an official ballot outside of the voting 3 19 room unless the person is an election official or other person 3 20 authorized by law. 3 21 (2) Makes or possesses a counterfeit of an official 3 22 election ballot. 3 23 (3) Solicits or encourages a person to vote in an election 3 24 knowing that person is not qualified to vote in that election. 3 25 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 3 26 (1) Refuses to register a person who is entitled to 3 27 register to vote under chapter 48A. 3 28 (2) Accepts a fee from an applicant applying for 3 29 registration. 3 30 (3) While the polls are open, opens a ballot received from 3 31 a voter, except as permitted by law. 3 32 (4) Marks a ballot by folding or otherwise so as to be 3 33 able to recognize it. 3 34 (5) Attempts to learn how a voter marked a ballot. 3 35 (6) Causes a voter to cast a vote contrary to the voter's 4 1 intention or wishes. 4 2 (7) Changes any ballot, or in any way causes any vote to 4 3 be recorded contrary to the intent of the person casting that 4 4 vote. 4 5 (8) Allows a person to do any of the acts proscribed by 4 6 subparagraphs (1) through (7). 4 7 2. Election misconduct in the second degree is an 4 8 aggravated misdemeanor. 4 9 Sec. 5. NEW SECTION. 39A.4 ELECTION MISCONDUCT IN THE 4 10 THIRD DEGREE. 4 11 1. A person commits the crime of election misconduct in 4 12 the third degree if the person willfully commits any of the 4 13 following acts: 4 14 a. ELECTION DAY ACTS. Any of the following on election 4 15 day: 4 16 (1) Loitering, congregating, electioneering, posting of 4 17 signs, treating voters, or soliciting votes, during the 4 18 receiving of the ballots, either on the premises of any 4 19 polling place or within three hundred feet of any outside door 4 20 of any building affording access to any room where the polls 4 21 are held, or of any outside door of any building affording 4 22 access to any hallway, corridor, stairway, or other means of 4 23 reaching the room where the polls are held. This subparagraph 4 24 shall not apply to the posting of signs on private property 4 25 not a polling place, except that the placement of a sign that 4 26 is more than ninety square inches in size on a motor vehicle, 4 27 trailer, or semitrailer, or any attachment to a motor vehicle, 4 28 trailer, or semitrailer parked on public property within three 4 29 hundred feet of a polling place is prohibited. 4 30 (2) Interrupting, hindering, or opposing any voter while 4 31 in or approaching the polling place for the purpose of voting. 4 32 (3) As a voter, submitting a false statement as to the 4 33 voter's ability to mark a ballot. 4 34 (4) Interfering or attempting to interfere with a voter 4 35 when the voter is inside the enclosed voting space, or when 5 1 the voter is marking a ballot. 5 2 (5) Endeavoring to induce a voter to show how the voter 5 3 marks or has marked a ballot. 5 4 (6) Marking, or causing in any manner to be marked, on any 5 5 ballot, any character for the purpose of identifying such 5 6 ballot. 5 7 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 5 8 (1) Serving as a member of a challenging committee or 5 9 observer under section 49.104, subsection 2, 5, or 6, while 5 10 serving as a precinct election official at the polls. 5 11 (2) Failing to perform duties prescribed by chapters 39 5 12 through 53, or performance of those duties in such a way as to 5 13 hinder the object of the law. 5 14 (3) Disclosing the manner in which a person's ballot has 5 15 been voted to anyone except as ordered by a court. 5 16 (4) Failing to carry out a duty with relation to open and 5 17 equal access to public records under the provisions of chapter 5 18 22 with respect to records that relate to an election or voter 5 19 registration. 5 20 (5) Furnishing a voter with a ballot other than the proper 5 21 ballot to be used at that election. 5 22 (6) Making or consenting to any false entry on the list of 5 23 voters or poll books. 5 24 (7) Placing or permitting another election official to 5 25 place anything other than a ballot into a ballot box as 5 26 provided in section 49.85, or permitting any person other than 5 27 an election official to place anything into a ballot box. 5 28 (8) Taking out of a ballot box, or permitting to be so 5 29 taken out, any ballot deposited in the ballot box, except in 5 30 the manner prescribed by law. 5 31 (9) Destroying or altering any ballot which has been given 5 32 to an elector. 5 33 (10) Permitting any person to vote in a manner prohibited 5 34 by law. 5 35 (11) Refusing or rejecting the vote of any voter qualified 6 1 to vote. 6 2 (12) Wrongfully doing any act or refusing to act for the 6 3 purpose of avoiding an election, or of rendering invalid the 6 4 ballots cast from any precinct or other district. 6 5 (13) Having been deputized to carry the poll books of any 6 6 election to the place where they are to be canvassed, failing 6 7 to deliver them to such place, safe, with seals unbroken, and 6 8 within the time specified by law. 6 9 c. MISCELLANEOUS OFFENSES. 6 10 (1) As a party committee member or a primary election 6 11 officer or public officer upon whom a duty is imposed by 6 12 chapter 43 or by a statute applicable to chapter 43, by 6 13 neglecting to perform any such duty, or performing any such 6 14 duty in such a way as to hinder the object of the statute, or 6 15 by disclosing to anyone, except as may be ordered by any court 6 16 of justice, the manner in which a ballot may have been voted. 6 17 (2) As a person who is designated pursuant to section 43.4 6 18 to report the results of a precinct caucus as it relates to 6 19 the selection and reporting of delegates selected as part of 6 20 the presidential nominating process or who is designated 6 21 pursuant to section 43.4 to tabulate and report the number of 6 22 persons attending the caucus favoring each presidential 6 23 candidate, by failing to perform those duties, falsifying the 6 24 information, or omitting information required to be reported 6 25 under section 43.4. 6 26 (3) By making a false answer under the provisions of 6 27 chapter 43 relative to the person's qualifications and party 6 28 affiliations. 6 29 (4) Paying, offering to pay, or receiving compensation for 6 30 voter registration assistance in violation of section 48A.25. 6 31 (5) Using voter registration information in violation of 6 32 section 48A.39. 6 33 (6) As a candidate, by making a promise to name or appoint 6 34 another person to a position or secure a position for another 6 35 person in violation of section 49.120. 7 1 (7) Soliciting the use of influence from any candidate in 7 2 violation of section 49.121. 7 3 (8) As a public official or employee, or a person acting 7 4 under color of a public official or employee, by knowingly 7 5 requiring a public employee to act in connection with an 7 6 absentee ballot in violation of section 53.7. 7 7 (9) As a person designated by the commissioner or by the 7 8 elector casting an absentee ballot, by failing to return an 7 9 absentee ballot in violation of section 53.35A. 7 10 (10) As an incumbent officeholder of, or a candidate for, 7 11 an office being voted for at the election in progress, by 7 12 serving as a member of a challenging committee or observer 7 13 under section 49.104, subsection 2, 5, or 6. 7 14 2. Election misconduct in the third degree is a serious 7 15 misdemeanor. 7 16 Sec. 6. NEW SECTION. 39A.5 ELECTION MISCONDUCT IN THE 7 17 FOURTH DEGREE. 7 18 1. A person commits the crime of election misconduct in 7 19 the fourth degree if the person willfully commits any of the 7 20 following acts: 7 21 a. ELECTION DAY ACTS. 7 22 (1) As an employer, by denying an employee the privilege 7 23 conferred by section 49.109, or subjecting an employee to a 7 24 penalty or reduction of wages because of the exercise of that 7 25 privilege. 7 26 (2) Failing or refusing to comply with any order or 7 27 command of an election official made in pursuance of the 7 28 provisions of chapter 49 to which another penalty does not 7 29 apply. 7 30 (3) Circulating, communicating, or attempting to circulate 7 31 or communicate information with reference to the result of the 7 32 counted ballots or making a compilation of vote subtotals 7 33 before the polls are closed in violation of section 51.11, 7 34 52.40, or 53.23. 7 35 (4) Destroying, defacing, tearing down, or removing any 8 1 list of candidates, card of instruction, or sample ballot 8 2 posted as provided by law prior to the closing of the polls. 8 3 (5) Removing or destroying the supplies or articles 8 4 furnished for the purpose of enabling voters to prepare their 8 5 ballots. 8 6 (6) Violating or attempting to violate any of the 8 7 provisions or requirements of chapter 49 to which another 8 8 penalty does not apply. 8 9 b. MISCELLANEOUS OFFENSES. 8 10 (1) A public employee acting in connection with an 8 11 absentee ballot in violation of section 53.7. 8 12 (2) A person neglecting or refusing to return an absentee 8 13 ballot in violation of section 53.35, or a person violating 8 14 any other provision of chapter 53 for which another penalty is 8 15 not provided. 8 16 (3) Filing a challenge containing false information under 8 17 section 48A.14. 8 18 2. Election misconduct in the fourth degree is a simple 8 19 misdemeanor. 8 20 Sec. 7. NEW SECTION. 39A.6 TECHNICAL INFRACTIONS – 8 21 NOTICE. 8 22 If the state commissioner or county commissioner becomes 8 23 aware of an apparent technical violation of any of the 8 24 provisions of chapters 39 through 53, the state commissioner 8 25 or county commissioner may administratively provide a written 8 26 notice and letter of instruction to the responsible persons 8 27 regarding proper compliance procedures. This notice is not a 8 28 final determination of facts or law in the matter, and does 8 29 not entitle a person to a proceeding under chapter 17A. 8 30 Sec. 8. Section 39.3, subsection 8, Code 1999, is amended 8 31 to read as follows: 8 32 8. "Infamous crime" means a felony as defined in section 8 33 701.7, or an offense classified as a felony under federal law 8 34 or under the laws of another state. 8 35 Sec. 9. Section 48A.5, subsection 6, Code 1999, is amended 9 1 to read as follows: 9 2 6. The deadlines for voter registration shall not apply to 9 3 a person who has been discharged from military service within 9 4thirtysixty days preceding the date of an election. The 9 5 person shall present to the precinct election official a copy 9 6 of the person's discharge papers. The person shall complete a 9 7 voter registration form and give it to the official before 9 8 being permitted to vote. 9 9 Sec. 10. Section 48A.6, subsection 1, Code 1999, is 9 10 amended to read as follows: 9 11 1. A person who has been convicted of a felony as defined 9 12 in section 701.7, or convicted of an offense classified as a 9 13 felony under federal law or under the laws of another state. 9 14 If the person's rights are later restored by the governor, or 9 15 by the president of the United States, the person may register 9 16 to vote. 9 17 Sec. 11. Section 48A.8, Code 1999, is amended to read as 9 18 follows: 9 19 48A.8 REGISTRATION BY MAIL. 9 20 An eligible elector may register to vote by completing a 9 21 mail registration form. The form may be mailed or delivered 9 22 by the registrant or the registrant's designee to the 9 23 commissioner in the county where the person resides. A 9 24 separate registration form shall be signed by each individual 9 25 registrant. An eligible elector who registers by mail is 9 26 required to vote in person at the polling place at the first 9 27 election following registration in which the voter casts a 9 28 vote. However, this does not apply to mail registration forms 9 29 received from a motor vehicle driver's license station or from 9 30 any voter registration agency, to confined persons voting 9 31 pursuant to section 53.22, or to persons voting pursuant to 9 32 section 53.45. 9 33 Sec. 12. Section 48A.9, subsection 1, Code 1999, is 9 34 amended to read as follows: 9 35 1. Registration closes at five p.m.eleventwenty-nine 10 1 days before each electionexcept primary and general10 2elections.For primary and general elections, registration10 3closes at five p.m. ten days before the election.An eligible 10 4 elector may register during the time registration is closed in 10 5 the elector's precinct but the registration shall not become 10 6 effective until registration opens again in the elector's 10 7 precinct. 10 8 Sec. 13. Section 48A.9, subsection 3, Code 1999, is 10 9 amended to read as follows: 10 10 3. A registration form submitted by mail shall be 10 11 considered on time if it is postmarked no later thanthe10 12fifteenth daythirty-five days before the election, even if it 10 13 is received by the commissioner after the deadline, or if the 10 14 registration form is received by the commissioner no later 10 15 than five p.m. on the last day to register to vote for an 10 16 election, even if it is postmarked after thefifteenththirty- 10 17 fifth day before the election. 10 18 Sec. 14. Section 48A.25, unnumbered paragraph 1, Code 10 19 1999, is amended to read as follows: 10 20 A person may pay, offer to pay, or accept compensation for 10 21 assisting others in completing voter registration forms only 10 22 if the compensation is based solely on the time spent 10 23 providing the assistance. Paying, offering to pay, or 10 24 receiving compensation based on the number of registration 10 25 forms completed, or the party affiliations shown on completed 10 26 registration forms, or on any other performance criteria, isa10 27serious misdemeanorunlawful. 10 28 Sec. 15. Section 48A.27, subsection 4, paragraph c, 10 29 unnumbered paragraph 2, Code 1999, is amended to read as 10 30 follows: 10 31 The notice shall be sent by forwardable mail, and shall 10 32 include a postage paid preaddressed return card on which the 10 33 registered voter may state the registered voter's current 10 34 address. The notice shall contain a statement in 10 35 substantially the following form: "Information received from 11 1 the United States postal service indicates that you are no 11 2 longer a resident of, and therefore not eligible to vote in 11 3 (name of county) County, Iowa. If this information is not 11 4 correct, and you still live in (name of county) County, please 11 5 complete and mail the attached postage paid card at leastten11 6 twenty-nine days before theprimary or generalnext election 11 7and at least eleven days before any other electionat which 11 8 you wish to vote. If the information is correct and you have 11 9 moved, please contact a local official in your new area for 11 10 assistance in registering there. If you do not mail in the 11 11 card, you may be required to show identification proving your 11 12 residence in (name of county) County before being allowed to 11 13 vote in (name of county) County. If you do not return the 11 14 card, and you do not vote in an election in (name of county) 11 15 County, Iowa, on or before (date of second general election 11 16 following the date of the notice) your name will be removed 11 17 from the list of voters in that county. To ensure you receive 11 18 this notice, it is being sent to both your most recent 11 19 registration address and to your new address as reported by 11 20 the postal service." 11 21 Sec. 16. Section 48A.29, subsection 1, unnumbered 11 22 paragraph 2, Code 1999, is amended to read as follows: 11 23 The notice shall be sent by forwardable mail, and shall 11 24 include a postage paid preaddressed return card on which the 11 25 registered voter may state the registered voter's current 11 26 address. The notice shall contain a statement in 11 27 substantially the following form: "Information received from 11 28 the United States postal service indicates that you are no 11 29 longer a resident of (residence address) in (name of county) 11 30 County, Iowa. If this information is not correct, and you 11 31 still live in (name of county) County, please complete and 11 32 mail the attached postage paid card at leasttentwenty-nine 11 33 days before theprimary or general election and at least11 34eleven days before any othernext election at which you wish 11 35 to vote. If the information is correct, and you have moved, 12 1 please contact a local official in your new area for 12 2 assistance in registering there. If you do not mail in the 12 3 card, you may be required to show identification proving your 12 4 residence in (name of county) County before being allowed to 12 5 vote in (name of county) County. If you do not return the 12 6 card, and you do not vote in some election in (name of county) 12 7 County, Iowa, on or before (date of second general election 12 8 following the date of the notice) your name will be removed 12 9 from the list of voters in that county." 12 10 Sec. 17. Section 48A.29, subsection 3, unnumbered 12 11 paragraph 2, Code 1999, is amended to read as follows: 12 12 The notice shall be sent by forwardable mail, and shall 12 13 include a postage paid preaddressed return card on which the 12 14 registered voter may state the registered voter's current 12 15 address. The notice shall contain a statement in 12 16 substantially the following form: "Information received by 12 17 this office indicates that you are no longer a resident of 12 18 (residence address) in (name of county) County, Iowa. If the 12 19 information is not correct, and you still live at that 12 20 address, please complete and mail the attached postage paid 12 21 card at leasttentwenty-nine days before theprimary or12 22general election and at least eleven days before any other12 23 next election at which you wish to vote. If the information 12 24 is correct, and you have moved within the county, you may 12 25 update your registration by listing your new address on the 12 26 card and mailing it back. If you have moved outside the 12 27 county, please contact a local official in your new area for 12 28 assistance in registering there. If you do not mail in the 12 29 card, you may be required to show identification proving your 12 30 residence in (name of county) County before being allowed to 12 31 vote in (name of county) County. If you do not return the 12 32 card, and you do not vote in some election in (name of county) 12 33 County, Iowa, on or before (date of second general election 12 34 following the date of the notice) your name will be removed 12 35 from the list of registered voters in that county." 13 1 Sec. 18. Section 48A.30, subsection 1, paragraph d, Code 13 2 1999, is amended to read as follows: 13 3 d. The clerk of the district court, or the United States 13 4 attorney, or the state registrar sends notice of the 13 5 registered voter's conviction of a felony as defined in 13 6 section 701.7, or conviction of an offense classified as a 13 7 felony under federal law or under the laws of another state. 13 8 The clerk of the district court shall send notice of a felony 13 9 conviction to the state registrar of voters. The state 13 10 registrar may also receive notices of felony convictions 13 11 obtained under federal law or under the laws of another state. 13 12 The registrar shall determine in which county the felon is 13 13 registered to vote, if any, and shall notify the county 13 14 commissioner of registration for that county of the felony 13 15 conviction. 13 16 Sec. 19. Section 48A.39, Code 1999, is amended to read as 13 17 follows: 13 18 48A.39 USE OF REGISTRATION INFORMATION– PENALTY. 13 19 Information about individual registrants obtained from 13 20 voter registration records shall be used only to request the 13 21 registrant's vote at an election, or for another genuine 13 22 political purpose, or for a bona fide official purpose by an 13 23 elected official, or for bona fide political research, but 13 24 shall not be used for any commercial purposes.A person who13 25uses registration information in violation of this section13 26commits a serious misdemeanor.13 27 Sec. 20. Section 49.43, unnumbered paragraph 3, Code 1999, 13 28 is amended to read as follows: 13 29 Constitutional amendments and other public measuresmayto 13 30 be decided by the voters of the entire state shall be 13 31 summarized by the state commissioner as provided insections13 32 section 49.44and. Other public measures shall be summarized 13 33 by the commissioner as provided in section 52.25. 13 34 Sec. 21. Section 49.44, unnumbered paragraph 3, Code 1999, 13 35 is amended to read as follows: 14 1 The commissionermayshall prepare a summary for public 14 2 measuresif the commissioner finds that a summary is needed to14 3clarifyfor the purpose of clarifying the question to the 14 4 voters. The summary describing the constitutional amendment 14 5 or public measure shall be written using terminology easily 14 6 understandable to the general public. The state commissioner 14 7 shall receive assistance from the office of attorney general 14 8 in preparing the written summary. 14 9 Sec. 22. Section 49.92, Code 1999, is amended to read as 14 10 follows: 14 11 49.92 VOTING MARK. 14 12 The instructions appearing on the ballot shall describe the 14 13 appropriate mark to be used by the voter. The mark shall be 14 14 consistent with the requirements of the voting system in use 14 15 in the precinct. The voting mark used on paper ballots may be 14 16 a cross or check which shall be placed in the voting targets 14 17 opposite the names of candidates. The fact that the voting 14 18 mark is made by an instrument other than a black lead pencil 14 19 shall not affect the validity of the ballot unless it appears 14 20 that the color or nature of the mark is intended to identify 14 21 or recognize the ballot contrary to the intent of section 14 22 49.107, subsection 7. 14 23 Sec. 23. Section 52.40, subsection 4, Code 1999, is 14 24 amended to read as follows: 14 25 4. The tabulation of ballots received from early pick-up 14 26 sites shall be conducted at the counting center during the 14 27 hours the polls are open, in the manner provided in sections 14 28 52.36 and 52.37, except that the room in which the ballots are 14 29 being counted shall not be open to the public during the hours 14 30 in which the polls are open and the room shall be policed so 14 31 as to prevent any person other than those whose presence is 14 32 authorized by this section and sections 52.36 and 52.37 from 14 33 obtaining information about the progress of the count. The 14 34 only persons who may be admitted to that room, as long as 14 35 admission does not impede the progress of the count, are the 15 1 members of the board, one challenger representing each 15 2 political party, one observer representing any nonparty 15 3 political organization or any candidate nominated by petition 15 4 pursuant to chapter 45, and the commissioner or the 15 5 commissioner's designee. No compilation of vote subtotals 15 6 shall be made while the polls are open.Any person who makes15 7a compilation of vote subtotals before the polls are closed15 8commits a simple misdemeanor.It shall be unlawful for any 15 9 person to communicate or attempt to communicate, directly or 15 10 indirectly, information regarding the progress of the count at 15 11 any time before the polls are closed. 15 12 Sec. 24. Section 53.2, unnumbered paragraph 1, Code 1999, 15 13 is amended to read as follows: 15 14 Any registered voter may, under the circumstances specified 15 15 in section 53.1,may on any day, except election day,and not 15 16 more thanseventyfifty daysprior tobefore the date of the 15 17 election but not later than the Saturday before the election, 15 18 apply in person for an absentee ballot at the commissioner's 15 19 office or at any location designated by the commissioner, or 15 20 make written application to the commissioner for an absentee 15 21 ballot. Applications shall not be signed or solicited in 15 22 advance of the fifty-day period. Applications shall only be 15 23 accepted after the Saturday before the election if the 15 24 applicant is voting pursuant to section 53.22. The state 15 25 commissioner shall prescribe a form for absentee ballot 15 26 applications. However, if a registered voter submits an 15 27 application that includes all of the information required in 15 28 this section, the prescribed form is not required. Absentee 15 29 ballot applications may include instructions to send the 15 30 application directly to the county commissioner of elections. 15 31 However, no absentee ballot application shall be preaddressed 15 32 or printed with instructions to send the applications to 15 33 anyone other than the appropriate commissioner. 15 34 Sec. 25. Section 53.2, unnumbered paragraph 4, Code 1999, 15 35 is amended to read as follows: 16 1 Each application shall contain the name and signature of 16 2 the registered voter, the address at which the voter is 16 3 registered to vote, and the name or date of the election for 16 4 which the absentee ballot is requested, and such other 16 5 information as may be necessary to determine the correct 16 6 absentee ballot for the registered voter. The voter's 16 7 signature shall be the writing or markings of the voter. 16 8 Another person shall not sign an application on behalf of a 16 9 voter except that if the voter is unable due to a physical 16 10 disability to make a written signature or mark, a person 16 11 authorized by the voter may sign the application on behalf of 16 12 the voter. If insufficient information has been provided, the 16 13 commissioner shall, by the best means available, obtain the 16 14 additional necessary information. 16 15 Sec. 26. Section 53.2, unnumbered paragraph 6, Code 1999, 16 16 is amended to read as follows: 16 17 If an application for an absentee ballot is received from 16 18 an eligible elector who is not a registered voter the 16 19 commissioner shall send a registration form under section 16 20 48A.8and an absentee ballot to the eligible elector.If the16 21application is received so late that it is unlikely that the16 22registration form can be returned in time to be effective on16 23election day, theThe commissioner shall enclose with the 16 24absentee ballotregistration form a noticeto that effect,16 25 informing thevoterelector of the registration time limits in 16 26 section 48A.9 and informing the elector that if the elector 16 27 registers by mail, the elector will not be allowed to vote 16 28 absentee until the elector has voted in person at the polling 16 29 place. The commissioner shall record on the elector's 16 30 application that the elector is not currently registered to 16 31 vote. If the registration form is properly returned by the 16 32 time provided by section 48A.9, the commissioner shall record 16 33 on the elector's application the date of receipt of the 16 34 registration form and enter a notation of the registration on 16 35 the registration records. 17 1 Sec. 27. Section 53.7, subsection 2, Code 1999, is amended 17 2 to read as follows: 17 3 2.AnyIt is unlawful for any public officer or employee, 17 4 or any person acting under color of a public officer or 17 5 employee,whoto knowinglyrequires thatrequire a public 17 6 employee solicit an application or request for an application 17 7 for an absentee ballot, or knowingly requires that an employee 17 8 take an affidavit or request for an affidavit in connection 17 9 with an absentee ballot application, commits a serious17 10misdemeanor. 17 11 Sec. 28. Section 53.9, Code 1999, is amended to read as 17 12 follows: 17 13 53.9 PROHIBITED PERSONS. 17 14NoA person required to file reports under chapter 56, and 17 15noa person acting as an actual or implied agent for a person 17 16 required to file reports under chapter 56, shall not receive, 17 17 handle, or deliver absentee ballots on behalf of voters. This 17 18 prohibitiondoes not apply toprecludes prohibited persons 17 19 from being a voter's designee under section 53.17, and 17 20 precludes an unvoted ballot from being sent to a prohibited 17 21 person under section 53.2. 17 22 Sec. 29. Section 53.11, unnumbered paragraph 1, Code 1999, 17 23 is amended to read as follows: 17 24TheExcept as provided in section 53.39, the commissioner 17 25 shall deliver an absentee ballot to any registered voter 17 26 applying in person at the commissioner's office, or at any 17 27 location designated by the commissioner, not more thanforty17 28 thirty days before the date of the general election or the 17 29 primary election, and for all other elections, as soon as the 17 30 ballot is available. The registered voter shall immediately 17 31 mark the ballot, enclose and seal it in a ballot envelope, 17 32 subscribe to the affidavit on the reverse side of the 17 33 envelope, and return the absentee ballot to the commissioner. 17 34 The commissioner shall record the numbers appearing on the 17 35 application and ballot envelope along with the name of the 18 1 registered voter. 18 2 Sec. 30. Section 53.11, Code 1999, is amended by adding 18 3 the following new unnumbered paragraphs after subsection 4: 18 4 NEW UNNUMBERED PARAGRAPH. The commissioner shall publish 18 5 notice of all satellite voting stations established under this 18 6 section, whether upon a petition or at the direction of the 18 7 commissioner, within ten days of the applicable deadline 18 8 established in subsections 1 through 4. 18 9 NEW UNNUMBERED PARAGRAPH. The provisions of section 49.107 18 10 shall be applicable to satellite voting stations, including 18 11 the commissioner's office, during the satellite voting period. 18 12 However, the proximity to the satellite voting station in 18 13 which electioneering and other activity specified by section 18 14 49.107, subsection 1, is prohibited shall be thirty feet from 18 15 any wall, posted sign, or other divider which serves as a 18 16 boundary of the area designated as a satellite voting station. 18 17 Sec. 31. Section 53.17, subsection 1, Code 1999, is 18 18 amended to read as follows: 18 19 1. The sealed carrier envelope may be delivered by the 18 20 registered voter or the voter's designee to the commissioner's 18 21 office no later than the time the polls are closed on election 18 22 day. The person who delivers a carrier envelope to the 18 23 commissioner's office shall sign a receipt presented by the 18 24 commissioner. The commissioner shall attach the signed 18 25 receipt to the carrier envelope. 18 26 Sec. 32. Section 53.18, Code 1999, is amended to read as 18 27 follows: 18 28 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION. 18 29 Upon receipt of the absentee ballot, the commissioner shall 18 30 at once record the number appearing on the application and 18 31 return carrier envelope,andthe time of receipt of such 18 32 ballot, and whether the ballot was returned by personal 18 33 delivery by the voter or the voter's designee or by mail. The 18 34 commissioner shall attach the elector's application to the 18 35 unopened envelope. Absentee ballots shall be stored in a 19 1 secure place until they are delivered to the absentee and 19 2 special voters. 19 3 Sec. 33. Section 53.31, unnumbered paragraph 1, Code 1999, 19 4 is amended to read as follows: 19 5 Any person qualified to vote at the election in progress 19 6 may challenge the qualifications of a personcastingwho has 19 7 requested or cast an absentee ballot by submitting a written 19 8 challenge to the commissioner no later than five p.m. on the 19 9 day before the election. It is the duty of the special 19 10 precinct officials to challenge the absentee ballot of any 19 11 person whom the official knows or suspects is not duly 19 12 qualified. Challenges by members of the special precinct 19 13 election board or observers present pursuant to section 53.23 19 14 may be made at any time before the close of the polls on 19 15 election day. The challenge shall state the reasons for which 19 16 the challenge is being submitted and shall be signed by the 19 17 challenger.WhenIf a challenge is received the absentee 19 18 ballot shall be set aside for consideration by the special 19 19 precinct election board when it meets as required by section 19 20 50.22. 19 21 Sec. 34. Section 53.35, Code 1999, is amended to read as 19 22 follows: 19 23 53.35 REFUSAL TO RETURN BALLOT. 19 24AnyIt is unlawful for any personwho, having procured an 19 25 official ballot or ballots,shallto willfully neglect or 19 26 refuse to cast or return the same in the manner provided, or19 27who shall willfully violate any provision of this chapter,19 28shall, unless otherwise provided, be guilty of a simple19 29misdemeanor. Any person who applies for a ballot and 19 30 willfully neglects or refuses to return the same shall be 19 31 deemed to have committed an offense in the county to which 19 32 such ballot was returnable. 19 33 Sec. 35. Section 53.35A, Code 1999, is amended to read as 19 34 follows: 19 35 53.35A FAILURE TO RETURN BALLOT – PENALTY. 20 1AnyIt is unlawful for any person designated by the 20 2 commissioner, or by the elector casting the absentee ballot, 20 3 to deliver the sealed envelope containing the absentee ballot, 20 4whoto willfullyfailsfail to return the ballot to the 20 5 commissioner or the commissioner's designee, is guilty of a20 6serious misdemeanor. 20 7 Sec. 36. Section 53.49, Code 1999, is amended to read as 20 8 follows: 20 9 53.49 APPLICABLE TO ARMED FORCES AND OTHER CITIZENS. 20 10 The provisions of this division as to absent voting shall 20 11 apply only to absent voters in the armed forces of the United 20 12 States as defined for the purpose of absentee voting in 20 13 section 53.37. The provisions of sections 53.1to 53.36,20 14 through 53.35 shall apply to all otherqualifiedvoters not 20 15 members of the armed forces of the United States. 20 16 Sec. 37. Sections 43.119, 43.120, 48A.41, 49.110, 49.111, 20 17 49.113, 49.119, 51.16, 51.17, 53.36, 722.4, 722.5, 722.6, 20 18 722.7, 722.8, and 722.9, Code 1999, are repealed. 20 19 Sec. 38. EFFECTIVE DATE AND APPLICABILITY. Sections 1, 20 20 20, and 21 of this Act, amending sections 13.2, 49.43, and 20 21 49.44, being deemed of immediate importance, take effect upon 20 22 enactment and apply to elections held on or after the 20 23 effective date of this Act. 20 24 EXPLANATION 20 25 This bill makes several changes to the laws on elections 20 26 and voter registration. 20 27 The bill corrects internal inconsistencies in the Code 20 28 relating to election misconduct and creates a new Code chapter 20 29 39A to contain the criminal provisions relating to violations 20 30 of election laws and the penalties applicable to those 20 31 violations. 20 32 Four levels of criminal election misconduct are 20 33 established, with penalties ranging from simple misdemeanor to 20 34 class "D" felony penalties. Specific references to criminal 20 35 provisions and penalties in the current Code are restated in 21 1 the new chapter and stricken or repealed from existing Code. 21 2 The penalties for some violations are changed in the bill. 21 3 The bill makes the violation of communicating the vote count 21 4 prior to the closing of the polls a simple misdemeanor where 21 5 previously no specific penalty was provided for such a 21 6 violation. The bill makes it a serious misdemeanor for a 21 7 candidate to use influence on behalf of another in obtaining a 21 8 position in exchange for support during the election. 21 9 Previously, violation of this section was subject to the 21 10 general penalty provisions in Code chapter 49, which made it a 21 11 simple misdemeanor. A voter allowing another person to see 21 12 the voter's marked ballot is not longer a prohibited act. 21 13 The bill upgrades various prohibited acts on election day 21 14 from simple to serious misdemeanors. The penalty for 21 15 willfully failing to perform duties or falsifying documents 21 16 relating to precinct caucuses is also changed from a simple 21 17 misdemeanor to a serious misdemeanor. 21 18 The penalty for certain misconduct by election officials is 21 19 changed from a serious misdemeanor to an aggravated 21 20 misdemeanor. This specifically includes misconduct by an 21 21 election official causing a voter to vote contrary to the 21 22 voter's wishes or changing a ballot or causing a vote to be 21 23 recorded contrary to the voter's intention. 21 24 Fraudulently registering to vote, giving false information 21 25 when registering to vote, or coercing someone to register or 21 26 to not register to vote is made a class "D" felony from an 21 27 aggravated misdemeanor. Bribery of voters or of election 21 28 officials, or bribery during the election process in general 21 29 is changed from serious or aggravated misdemeanors to class 21 30 "D" felonies. Also upgraded to a class "D" felony from a 21 31 serious misdemeanor are the charges of voting more than once 21 32 in an election or voting when knowing oneself not to be 21 33 qualified. The bill amends the definition of "infamous crime" 21 34 to add offenses classified as felonies under the law of 21 35 another state. The bill adds persons who have been convicted 22 1 of a felony in another state to the definition of 22 2 "disqualified voters". 22 3 The bill provides that an elector who registers to vote by 22 4 mail shall not be allowed to vote absentee until the elector 22 5 has voted in person at the polling place at the first election 22 6 held after registration in which the voter chooses to vote. 22 7 This does not apply to mail registrations received from a 22 8 motor vehicle driver's license station, a voter registration 22 9 agency, from confined persons voting absentee, or from persons 22 10 working, stationed, or residing outside of the United States 22 11 at the time of the election. 22 12 The bill changes the voter registration deadline to 29 days 22 13 before all elections. Currently, the deadline is 10 days 22 14 before a general or primary election and 11 days before all 22 15 other elections. A corresponding amendment is made to provide 22 16 that the registration deadline does not apply to military 22 17 personnel discharged within 60 days preceding an election. 22 18 The bill requires the state commissioner of elections to 22 19 prepare a written summary of any constitutional amendment or 22 20 other public measure to be voted on statewide. Current law 22 21 leaves preparation of such a summary to the discretion of the 22 22 state commissioner. The bill requires that the summary be 22 23 written using terminology easily understood by the general 22 24 public. The bill requires the attorney general to assist the 22 25 state commissioner in preparing the summary. This portion of 22 26 the bill takes effect upon enactment and applies to elections 22 27 held on or after the effective date. 22 28 The bill makes several changes to the laws on absentee 22 29 voting. Code section 53.2 is amended to shorten the period 22 30 during which persons can request absentee ballots to 50 days 22 31 before the election and requires that the request be dated no 22 32 earlier than 50 days before the election. Under current law, 22 33 persons can file requests for absentee ballots as early as 70 22 34 days before the election. Code section 53.2 is also amended 22 35 to require that all requests for absentee ballots be made by 23 1 the Saturday before the election. An exception would remain 23 2 for persons who are hospitalized within three days of the 23 3 election or who are residents of a health care facility. 23 4 Finally, Code section 53.2 is amended to prohibit anyone 23 5 signing a request on behalf of a voter, except where the voter 23 6 is unable to sign because of physical disability. 23 7 Code section 53.9 is amended to prohibit political persons 23 8 (i.e., political candidates, their agents, and political 23 9 parties) from receiving (by mail or in person), handling, or 23 10 delivering absentee ballots, whether voted or unvoted. The 23 11 amendment also specifically prohibits political persons from 23 12 being a voter's designee to receive, handle, or deliver the 23 13 ballot for the voter. 23 14 Code section 53.11 is amended to shorten the period during 23 15 which absentee voting in person can occur from 40 to 30 days 23 16 before the election, except that members of the armed forces 23 17 and persons overseas will still be sent absentee ballots 40 23 18 days before the election. Code section 53.11 is also amended 23 19 to require the county auditor to publish locations of 23 20 satellite voting stations within 10 days after the deadline 23 21 for petition requests for satellite voting stations. Finally, 23 22 Code section 53.11 is amended to prohibit electioneering 23 23 within 30 feet of satellite voting stations or the auditor's 23 24 office while absentee voting is allowed. Current 23 25 administrative rules are silent as to prohibitions on 23 26 electioneering near the auditor's office. 23 27 Code section 53.17 is amended to require persons delivering 23 28 absentee ballots to the election office to sign a receipt that 23 29 will be attached to the absentee ballot carrier envelope and 23 30 retained by the election office. Code section 53.18 is 23 31 amended to require the county auditor to record whether a 23 32 voted absentee ballot was delivered to the election office by 23 33 mail, voter's designee, or voter. 23 34 Code section 53.31 is amended to allow challenges to 23 35 absentee voters based on the request for an absentee ballot 24 1 filed with the election office. 24 2 LSB 3083HV 78 24 3 sc/gg/8
Text: HF00697 Text: HF00699 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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