Text: HSB00027                          Text: HSB00029
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 28

Bill Text

PAG LIN
  1  1    Section 1.  Section 53.2, unnumbered paragraph 1, Code
  1  2 1999, is amended to read as follows:
  1  3    Any registered voter may, under the circumstances specified
  1  4 in section 53.1, may on any day, except election day, and not
  1  5 more than seventy fifty days prior to before the date of the
  1  6 election but not later than the Saturday before the election,
  1  7 apply in person for an absentee ballot at the commissioner's
  1  8 office or at any location designated by the commissioner, or
  1  9 make written application to the commissioner for an absentee
  1 10 ballot.  Applications shall not be signed or solicited in
  1 11 advance of the fifty-day period.  Applications shall only be
  1 12 accepted after the Saturday before the election if the
  1 13 applicant is voting pursuant to section 53.22.  The state
  1 14 commissioner shall prescribe a form for absentee ballot
  1 15 applications.  However, if a registered voter submits an
  1 16 application that includes all of the information required in
  1 17 this section, the prescribed form is not required.  Absentee
  1 18 ballot applications may include instructions to send the
  1 19 application directly to the county commissioner of elections.
  1 20 However, no absentee ballot application shall be preaddressed
  1 21 or printed with instructions to send the applications to
  1 22 anyone other than the appropriate commissioner.
  1 23    Sec. 2.  Section 53.2, unnumbered paragraph 4, Code 1999,
  1 24 is amended to read as follows:
  1 25    Each application shall contain the name and signature of
  1 26 the registered voter, the address at which the voter is
  1 27 registered to vote, and the name or date of the election for
  1 28 which the absentee ballot is requested, and such other
  1 29 information as may be necessary to determine the correct
  1 30 absentee ballot for the registered voter.  The voter's
  1 31 signature shall be the writing or markings of the voter.
  1 32 Another person shall not sign an application on behalf of a
  1 33 voter except that if the voter is unable due to a physical
  1 34 disability to make a written signature or mark, a person
  1 35 authorized by the voter may sign the application on behalf of
  2  1 the voter.  If insufficient information has been provided, the
  2  2 commissioner shall, by the best means available, obtain the
  2  3 additional necessary information.
  2  4    Sec. 3.  Section 53.9, Code 1999, is amended to read as
  2  5 follows:
  2  6    53.9  PROHIBITED PERSONS.
  2  7    No A person required to file reports under chapter 56, and
  2  8 no a person acting as an actual or implied agent for a person
  2  9 required to file reports under chapter 56, shall not receive,
  2 10 handle, or deliver absentee ballots on behalf of voters.  This
  2 11 prohibition does not apply to precludes prohibited persons
  2 12 from being a voter's designee under section 53.17, and
  2 13 precludes an unvoted ballot from being sent to a prohibited
  2 14 person under section 53.2.
  2 15    Sec. 4.  Section 53.11, unnumbered paragraph 1, Code 1999,
  2 16 is amended to read as follows:
  2 17    The Except as provided in section 53.39, the commissioner
  2 18 shall deliver an absentee ballot to any registered voter
  2 19 applying in person at the commissioner's office, or at any
  2 20 location designated by the commissioner, not more than forty
  2 21 thirty days before the date of the general election or the
  2 22 primary election, and for all other elections, as soon as the
  2 23 ballot is available.  The registered voter shall immediately
  2 24 mark the ballot, enclose and seal it in a ballot envelope,
  2 25 subscribe to the affidavit on the reverse side of the
  2 26 envelope, and return the absentee ballot to the commissioner.
  2 27 The commissioner shall record the numbers appearing on the
  2 28 application and ballot envelope along with the name of the
  2 29 registered voter.
  2 30    Sec. 5.  Section 53.11, Code 1999, is amended by adding the
  2 31 following new unnumbered paragraphs after subsection 4:
  2 32    NEW UNNUMBERED PARAGRAPH.  The commissioner shall publish
  2 33 notice of all satellite voting stations established under this
  2 34 section, whether upon a petition or at the direction of the
  2 35 commissioner, within ten days of the applicable deadline
  3  1 established in subsections 1 through 4.
  3  2    NEW UNNUMBERED PARAGRAPH.  The provisions of section 49.107
  3  3 shall be applicable to satellite voting stations, including
  3  4 the commissioner's office, during the satellite voting period.
  3  5 However, the proximity to the satellite voting station in
  3  6 which electioneering and other activity specified by section
  3  7 49.107, subsection 1, is prohibited shall be one hundred feet
  3  8 from any wall, posted sign, or other divider which serves as a
  3  9 boundary of the area designated as a satellite voting station.
  3 10    Sec. 6.  Section 53.17, subsection 1, Code 1999, is amended
  3 11 to read as follows:
  3 12    1.  The sealed carrier envelope may be delivered by the
  3 13 registered voter or the voter's designee to the commissioner's
  3 14 office no later than the time the polls are closed on election
  3 15 day.  The person who delivers a carrier envelope to the
  3 16 commissioner's office shall sign a receipt presented by the
  3 17 commissioner.  The commissioner shall attach the signed
  3 18 receipt to the carrier envelope.
  3 19    Sec. 7.  Section 53.18, Code 1999, is amended to read as
  3 20 follows:
  3 21    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
  3 22    Upon receipt of the absentee ballot, the commissioner shall
  3 23 at once record the number appearing on the application and
  3 24 return carrier envelope, and the time of receipt of such
  3 25 ballot, and whether the ballot was returned by personal
  3 26 delivery by the voter or the voter's designee or by mail.  The
  3 27 commissioner shall attach the elector's application to the
  3 28 unopened envelope.  Absentee ballots shall be stored in a
  3 29 secure place until they are delivered to the absentee and
  3 30 special voters.
  3 31    Sec. 8.  Section 53.31, unnumbered paragraph 1, Code 1999,
  3 32 is amended to read as follows:
  3 33    Any person qualified to vote at the election in progress
  3 34 may challenge the qualifications of a person casting who has
  3 35 requested or cast an absentee ballot by submitting a written
  4  1 challenge to the commissioner no later than five p.m. on the
  4  2 day before the election.  It is the duty of the special
  4  3 precinct officials to challenge the absentee ballot of any
  4  4 person whom the official knows or suspects is not duly
  4  5 qualified.  Challenges by members of the special precinct
  4  6 election board or observers present pursuant to section 53.23
  4  7 may be made at any time before the close of the polls on
  4  8 election day.  The challenge shall state the reasons for which
  4  9 the challenge is being submitted and shall be signed by the
  4 10 challenger.  When If a challenge is received the absentee
  4 11 ballot shall be set aside for consideration by the special
  4 12 precinct election board when it meets as required by section
  4 13 50.22.  
  4 14                           EXPLANATION
  4 15    This bill makes several changes to the laws on absentee
  4 16 voting.  Code section 53.2 is amended to shorten the period
  4 17 during which persons can request absentee ballots to 50 days
  4 18 before the election and requires that the request be dated no
  4 19 earlier than 50 days before the election.  Under current law,
  4 20 persons can file requests for absentee ballots as early as 70
  4 21 days before the election.  Code section 53.2 is also amended
  4 22 to require that all requests for absentee ballots be made by
  4 23 the Saturday before the election.  An exception would remain
  4 24 for persons who are hospitalized within three days of the
  4 25 election or who are residents of a health care facility.
  4 26 Finally, Code section 53.2 is amended to prohibit anyone
  4 27 signing a request on behalf of a voter, except where the voter
  4 28 is unable to sign because of physical disability.
  4 29    Code section 53.9 is amended to prohibit political persons
  4 30 (i.e., political candidates, their agents, and political
  4 31 parties) from receiving (by mail or in person), handling, or
  4 32 delivering absentee ballots, whether voted or unvoted.  The
  4 33 amendment also specifically prohibits political persons from
  4 34 being a voter's designee to receive, handle, or deliver the
  4 35 ballot for the voter.
  5  1    Code section 53.11 is amended to shorten the period during
  5  2 which absentee voting in person can occur from 40 to 30 days
  5  3 before the election, except that members of the armed forces
  5  4 and persons overseas will still be sent absentee ballots 40
  5  5 days before the election.  Code section 53.11 is also amended
  5  6 to require the county auditor to publish locations of
  5  7 satellite voting stations within 10 days after the deadline
  5  8 for petition requests for satellite voting stations.  Finally,
  5  9 Code section 53.11 is amended to prohibit electioneering
  5 10 within 100 feet of satellite voting stations or the auditor's
  5 11 office while absentee voting is allowed.  Current
  5 12 administrative rules prohibit electioneering within 30 feet of
  5 13 the satellite voting station and are silent as to prohibitions
  5 14 on electioneering near the auditor's office.
  5 15    Code section 53.17 is amended to require persons delivering
  5 16 absentee ballots to the election office to sign a receipt that
  5 17 will be attached to the absentee ballot carrier envelope and
  5 18 retained by the election office.  Code section 53.18 is
  5 19 amended to require the county auditor to record whether a
  5 20 voted absentee ballot was delivered to the election office by
  5 21 mail, voter's designee, or voter.
  5 22    Code section 53.31 is amended to allow challenges to
  5 23 absentee voters based on the request for an absentee ballot
  5 24 filed with the election office.  
  5 25 LSB 1463YC 78
  5 26 sc/sc/14
     

Text: HSB00027                          Text: HSB00029
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Feb 2 03:31:04 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00000/HSB00028/990201.html
jhf