Text: HSB00510 Text: HSB00512 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 49B.1 MAIL BALLOT ELECTIONS. 1 2 A mail ballot election may be conducted in cities with a 1 3 population of two hundred or less as provided in this chapter. 1 4 Sec. 2. NEW SECTION. 49B.2 DEFINITIONS. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Election day" is the date established by law on which 1 8 a particular election would be held if that election were 1 9 being conducted by means other than a mail ballot election. 1 10 2. "Return verification envelope" means an envelope that 1 11 contains a secrecy envelope and which is designed to allow 1 12 election officials, upon examination of the outside of the 1 13 envelope, to determine that the ballot is being submitted by 1 14 someone who is in fact a registered voter and who has not 1 15 already voted. 1 16 3. "Secrecy envelope" means an envelope used to contain 1 17 the elector's ballot and that is designed to conceal the 1 18 voter's vote and to prevent the voter's ballot from being 1 19 distinguished from the ballots of other voters. 1 20 Sec. 3. NEW SECTION. 49B.3 MAIL BALLOT ELECTION 1 21 PROCEDURE. 1 22 The state commissioner of elections shall prescribe uniform 1 23 procedures and forms to be used in the conduct of mail ballot 1 24 elections. 1 25 Sec. 4. NEW SECTION. 49B.4 INITIATION BY GOVERNING BODY. 1 26 1. If the city council of a city with a population of two 1 27 hundred or less determines that it is economically and 1 28 administratively feasible to conduct the regular city election 1 29 or a special city election by mail, the city council, by 1 30 resolution, may require the county commissioner of elections 1 31 to conduct the election under this chapter by filing the 1 32 resolution with the county commissioner not later than ninety 1 33 days before the date of the election. 1 34 2. After the resolution is filed, the county commissioner 1 35 shall prepare a written plan for conduct of the election as 2 1 provided in section 49B.5. At least seventy-one days before 2 2 the date set for the election, the county commissioner shall 2 3 forward a copy of the written plan to the city council 2 4 concerned. 2 5 Sec. 5. NEW SECTION. 49B.5 WRITTEN PLAN FOR CONDUCT OF 2 6 ELECTION AMENDMENTS APPROVAL PROCEDURE. 2 7 1. The county commissioner shall prepare a written plan, 2 8 including a timetable, for the conduct of a mail ballot 2 9 election and shall submit it to the state commissioner of 2 10 elections at least seventy-one days before the date of the 2 11 election. 2 12 2. The plan may be amended by the county commissioner any 2 13 time before the sixty-fourth day before the date of the 2 14 election by notifying the state commissioner of elections in 2 15 writing of any changes. 2 16 3. Within five days after receiving the plan, and as soon 2 17 as possible after receiving any amendments, the state 2 18 commissioner of elections shall approve, disapprove, or 2 19 recommend changes to the plan or amendments. The final plan 2 20 shall be approved and available to the public at least two 2 21 days before the deadline for candidates to file nomination 2 22 papers in the office of the city clerk. 2 23 4. When the written plan has been approved, the county 2 24 commissioner shall proceed to conduct the election according 2 25 to the approved plan. 2 26 Sec. 6. NEW SECTION. 49B.6 PUBLICATION OF NOTICE. 2 27 The county commissioner shall, not more than ten days and 2 28 not less than four days before the date that ballots are to be 2 29 mailed, publish notice that a mail ballot election will be 2 30 conducted. The notice shall be published in a newspaper of 2 31 general circulation in each city for which the mail ballot 2 32 election will be conducted. The notice shall include all of 2 33 the following information: 2 34 1. The date ballots will be mailed. 2 35 2. The last day that a voter can request an absentee 3 1 ballot. 3 2 3. Voter registration deadlines. 3 3 4. Location or locations where mail ballots can be 3 4 deposited pursuant to section 49B.13. 3 5 5. Instructions for obtaining a replacement ballot if a 3 6 voter's ballot is destroyed, spoiled, lost, or not received 3 7 pursuant to section 49B.9. 3 8 The county commissioner is not required to publish a sample 3 9 ballot. 3 10 Sec. 7. NEW SECTION. 49B.7 MAILING BALLOTS. 3 11 1. Official ballots for a mail ballot election shall be 3 12 prepared and all other initial procedures for elections shall 3 13 be followed as otherwise provided by law. 3 14 2. The county commissioner of elections shall mail an 3 15 official ballot to every registered voter of the city 3 16 conducting the election on a date not sooner than the 3 17 twentieth day before the date of the election and not later 3 18 than the tenth day before the date of the election. An 3 19 exception shall be made for those ballots delivered as 3 20 prescribed in section 49B.12. 3 21 3. All ballots shall be mailed by first class mail. 3 22 4. Ballots mailed by the county commissioner shall be 3 23 addressed to the address of each voter appearing in the 3 24 registration records of the city, and placed in an envelope 3 25 which is prominently marked "Do Not Forward". 3 26 5. The ballot shall contain the following warning: 3 27 "Any person who, by use of violence, threats of violence, 3 28 or any means of duress, procures the vote of a voter for or 3 29 against any measure or candidate is subject, upon conviction, 3 30 to imprisonment or to a fine, or both." 3 31 Sec. 8. NEW SECTION. 49B.8 REGISTRATION. 3 32 The county commissioner shall not mail a ballot under this 3 33 chapter to any voter not registered thirty days before the 3 34 date of the election. Voters registered less than thirty days 3 35 before the date of the election, but before the close of 4 1 registration, may apply for a ballot under section 49B.9. 4 2 Sec. 9. NEW SECTION. 49B.9 REPLACEMENT BALLOTS. 4 3 If the mail ballot is destroyed, spoiled, lost, or not 4 4 received by the voter, the voter may obtain a replacement 4 5 ballot from the county commissioner as provided in this 4 6 section. A voter seeking a replacement ballot shall sign a 4 7 statement, on a form prescribed by the state commissioner, 4 8 that the ballot was destroyed, spoiled, lost, or not received. 4 9 The voter or the voter's designee shall deliver the statement 4 10 to the county commissioner before noon on the date of the 4 11 election. The voter may mail the statement to the county 4 12 commissioner. However, a county commissioner shall not 4 13 transmit a ballot by mail under this section unless the 4 14 statement is received before five p.m. on the fourth day 4 15 before the date of the election. When a statement is timely 4 16 received under this section, the county commissioner shall 4 17 give the ballot to the voter if the voter is present in the 4 18 office of the county commissioner, or promptly mail the ballot 4 19 to the voter at the address contained in the statement, except 4 20 when prohibited by this section. If the voter is present in 4 21 the county commissioner's office, the ballot shall be voted at 4 22 that time. The county commissioner shall keep a record of 4 23 each replacement ballot provided under this section. If a 4 24 voter, having received and voted a replacement ballot as 4 25 provided under this section, later finds the lost ballot, the 4 26 voter shall return the lost ballot to the county commissioner. 4 27 Sec. 10. NEW SECTION. 49B.10 VOTING AND RETURN OF 4 28 BALLOT. 4 29 1. A registered voter, upon receipt of a mail ballot, 4 30 shall mark the ballot in such a manner that no other person 4 31 will know how the ballot is marked and shall place it in the 4 32 secrecy envelope provided with the ballot. 4 33 A voter who is blind, cannot read, or because of a physical 4 34 disability is unable to mark the ballot, may be assisted by 4 35 any person selected by the voter. 5 1 2. The voter shall place the secrecy envelope containing 5 2 the ballot in the return verification envelope and sign and 5 3 securely seal the return verification envelope. The sealed 5 4 return verification envelope shall be returned to the county 5 5 commissioner by one of the following methods: 5 6 a. The sealed return verification envelope may be 5 7 delivered by the registered voter or the voter's designee to 5 8 the county commissioner's office or a place designated by the 5 9 commissioner no later than the time the polls close on 5 10 election day. 5 11 b. The sealed return verification envelope may be mailed, 5 12 postage paid, to the county commissioner. In order for the 5 13 ballot to be counted, the return verification envelope must be 5 14 clearly postmarked by an officially authorized postal service 5 15 not later than the day before the election and received by the 5 16 county commissioner not later than the time established for 5 17 the canvass by the board of supervisors for that election. 5 18 The county commissioner shall contact the post office serving 5 19 the county commissioner's office at the latest practical hour 5 20 before the canvass by the board of supervisors for that 5 21 election, and shall arrange for return verification envelopes 5 22 received in that post office but not yet delivered to the 5 23 commissioner's office to be brought to the commissioner's 5 24 office before the canvass for that election by the board of 5 25 supervisors. 5 26 Sec. 11. NEW SECTION. 49B.11 ABSENTEE BALLOTS. 5 27 1. A registered voter who will be absent from the city 5 28 during the time when the ballots are mailed may do either of 5 29 the following: 5 30 a. Vote in person in the county commissioner's office as 5 31 soon as ballots are available and until noon the day before 5 32 the ballots are scheduled to be mailed. 5 33 b. Make a written request, signed by the voter and 5 34 addressed to the county commissioner, that the ballot be 5 35 mailed to an address other than that which appears on the 6 1 voter's registration record. Written requests shall be 6 2 accepted until noon the day before the ballots are scheduled 6 3 to be mailed. 6 4 2. Ballots mailed to voters pursuant to this section shall 6 5 be mailed the same day that all other ballots are mailed. 6 6 Sec. 12. NEW SECTION. 49B.12 BALLOTING BY CONFINED 6 7 PERSONS. 6 8 A person who is a resident or patient in a health care 6 9 facility or hospital located in the county in which the 6 10 election is to be held shall not be mailed a ballot but shall 6 11 have a ballot delivered in the manner prescribed by section 6 12 53.22, subsection 1. 6 13 Sec. 13. NEW SECTION. 49B.13 PERSONAL DELIVERY OF MAIL 6 14 BALLOT BALLOT DROPOFF STATIONS. 6 15 A ballot dropoff station for the deposit of mail ballots 6 16 may be established in the city conducting the mail ballot 6 17 election at the direction of the county commissioner. A 6 18 ballot dropoff station established at the direction of the 6 19 commissioner shall be open from eight a.m. until five p.m. on 6 20 the day of the election. 6 21 Sec. 14. NEW SECTION. 49B.14 RECEIPT OF BALLOT 6 22 SIGNATURE VERIFICATION. 6 23 When a mail ballot is returned, the county commissioner, or 6 24 the county commissioner's designees, shall first examine the 6 25 return verification envelope to determine whether it was 6 26 submitted by a registered voter who has not previously voted. 6 27 A ballot shall be counted only if it is returned in the return 6 28 verification envelope, the envelope is signed by the voter to 6 29 whom the ballot is issued, and the signature has been verified 6 30 as provided in this section. 6 31 The county commissioner or the county commissioner's 6 32 designees shall verify the signature of each voter on the 6 33 return verification envelope with the signature in the voter's 6 34 registration records and may commence verification at any time 6 35 before election day. If a voter to whom a replacement ballot 7 1 has been issued under section 49B.9 returns more than one 7 2 ballot, only the replacement ballot shall be counted. 7 3 If the voter's signature is verified and the ballot is 7 4 otherwise valid, the county commissioner or the county 7 5 commissioner's designees shall deposit the ballot unopened in 7 6 an official ballot box. 7 7 Sec. 15. NEW SECTION. 49B.15 PROCEDURE FOR INVALID 7 8 BALLOTS. 7 9 If the county commissioner is not convinced that the 7 10 individual who signed the return verification envelope is the 7 11 voter whose name appears on the registration card, the county 7 12 commissioner shall not deposit the ballot in a ballot box but 7 13 shall do all of the following: 7 14 1. Give notice to the voter as follows: 7 15 a. As soon as possible after receipt of a voter's ballot, 7 16 give notice to the voter, either by telephone or by first 7 17 class mail, if the county commissioner is unable to verify the 7 18 voter's signature. 7 19 b. Inform the voter that the voter may appear in person at 7 20 the county commissioner's office before the close of the polls 7 21 on election day and verify the signature. 7 22 2. Permit any voter appearing pursuant to subsection 1, 7 23 paragraph "b", to: 7 24 a. Verify the voter's signature, after proof of 7 25 identification, by affirming that the signature is in fact the 7 26 voter's or by completing a new registration card containing 7 27 the voter's current signature. 7 28 b. If necessary, request and receive a replacement ballot 7 29 and vote at that time. 7 30 3. If the discrepancy is not rectified to the county 7 31 commissioner's satisfaction, present the unopened envelope and 7 32 the registration card to the special precinct election board 7 33 for a determination. If the election board is unable to 7 34 resolve the issue to its satisfaction, the ballot shall not be 7 35 counted. 8 1 Sec. 16. NEW SECTION. 49B.16 COUNTING BALLOTS. 8 2 Mail ballots shall be counted in the manner prescribed by 8 3 section 53.23 for absentee ballots. The county commissioner 8 4 shall supervise the procedures for the handling, counting, and 8 5 canvassing of ballots to ensure the safety and confidentiality 8 6 of all ballots. 8 7 Sec. 17. NEW SECTION. 49B.17 CHALLENGES. 8 8 Votes cast pursuant to this chapter may be challenged in 8 9 the manner prescribed by section 53.31 for absentee ballots. 8 10 Sec. 18. NEW SECTION. 49B.18 CANVASS OF VOTES. 8 11 The provisions of chapter 50 relating to canvass of votes 8 12 apply to this chapter only to the extent they do not conflict 8 13 with this chapter. 8 14 Sec. 19. NEW SECTION. 49B.19 OTHER LAWS. 8 15 All laws which apply to elections apply to mail ballot 8 16 elections held under this chapter to the extent applicable. 8 17 Sec. 20. NEW SECTION. 49B.20 RULES. 8 18 The state commissioner of elections shall adopt rules 8 19 pursuant to chapter 17A to govern the procedures and forms 8 20 necessary to implement this chapter. The authority of the 8 21 state commissioner to adopt rules under this chapter shall be 8 22 liberally construed. 8 23 Sec. 21. NEW SECTION. 49B.21 MISCONDUCT VIOLATIONS 8 24 PENALTIES. 8 25 1. A person who, by use of violence, threats of violence, 8 26 or any means of duress, procures or endeavors to procure the 8 27 vote of a voter for or against any measure or candidate 8 28 commits an aggravated misdemeanor. 8 29 2. A person who violates or attempts to violate any 8 30 provision or requirement of this chapter for which a penalty 8 31 is not otherwise provided commits a simple misdemeanor. 8 32 Sec. 22. Section 39.3, Code 1999, is amended by adding the 8 33 following new subsection: 8 34 NEW SUBSECTION. 8A. "Mail ballot election" means an 8 35 election conducted pursuant to chapter 49B. 9 1 EXPLANATION 9 2 This bill creates a new Code chapter 49B and establishes a 9 3 procedure for elections in cities with a population of 200 or 9 4 less to be conducted by mailed ballots. To qualify for this 9 5 method of election, the city council must adopt a resolution 9 6 not later than 90 days before the date of the election 9 7 directing the county commissioner of elections to conduct the 9 8 regular city election or special city election as a mail 9 9 ballot election. The election must be conducted pursuant to a 9 10 plan proposed by the county commissioner of elections (county 9 11 auditor) and approved by the state commissioner of elections 9 12 (secretary of state). 9 13 The bill requires the county commissioner to mail the 9 14 ballots to registered voters in the city no more than 20 days 9 15 and no less than 10 days before the date of the election. To 9 16 receive a mailed ballot, an elector must be registered to vote 9 17 30 or more days before the date of the election. A completed 9 18 ballot must be personally delivered to the commissioner's 9 19 office or a designated place no later than the time the polls 9 20 close on election day or must be postmarked no later than the 9 21 day before the election and received by the commissioner not 9 22 later than the date set for canvassing the ballots. 9 23 LSB 5309DP 78 9 24 sc/cf/24.1
Text: HSB00510 Text: HSB00512 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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