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Senate File 283

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 53.8, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  Upon receipt of an application for an absentee ballot
  1  4 and immediately after the absentee ballots are printed, the
  1  5 commissioner shall mail an absentee ballot to the applicant
  1  6 within twenty-four hours, except as otherwise provided in
  1  7 subsection 3.  The absentee ballot shall be enclosed in an
  1  8 unsealed ballot envelope bearing a serial number and
  1  9 affidavit.  The absentee ballot and unsealed envelope shall be
  1 10 enclosed in or with a carrier envelope which bears the same
  1 11 serial number as the unsealed envelope.  The absentee ballot,
  1 12 and unsealed ballot envelope, and carrier envelope shall be
  1 13 enclosed in a third second envelope to be sent to the
  1 14 registered voter.
  1 15    Sec. 2.  Section 53.12, Code 2001, is amended to read as
  1 16 follows:
  1 17    53.12  DUTY OF COMMISSIONER.
  1 18    The commissioner shall enclose the absentee ballot in an
  1 19 unsealed a ballot envelope, to be furnished by the
  1 20 commissioner, which envelope shall bear upon its face the
  1 21 words "county commissioner of elections", the address of the
  1 22 commissioner's office, and the same serial number appearing on
  1 23 the unsealed ballot envelope shall be affixed to the
  1 24 application.
  1 25    Sec. 3.  Section 53.13, Code 2001, is amended to read as
  1 26 follows:
  1 27    53.13  VOTER'S AFFIDAVIT ON ENVELOPE.
  1 28    On the unsealed ballot envelope shall be printed an
  1 29 affidavit form prescribed by the state commissioner of
  1 30 elections.
  1 31    Sec. 4.  Section 53.17, Code 2001, is amended to read as
  1 32 follows:
  1 33    53.17  MAILING OR DELIVERING BALLOT.
  1 34    The sealed ballot envelope containing the absentee ballot
  1 35 shall be enclosed in a carrier envelope which shall be
  2  1 securely sealed.  The sealed carrier envelope shall be
  2  2 returned to the commissioner by one of the following methods:
  2  3    1.  The sealed carrier ballot envelope may be delivered by
  2  4 the registered voter or the voter's designee to the
  2  5 commissioner's office no later than the time the polls are
  2  6 closed on election day.
  2  7    2.  The sealed carrier ballot envelope may be mailed to the
  2  8 commissioner.  The carrier ballot envelope shall indicate that
  2  9 greater postage than ordinary first class mail may be
  2 10 required.  The commissioner shall pay any insufficient postage
  2 11 due on a carrier ballot envelope bearing ordinary first class
  2 12 postage and accept the ballot.
  2 13    In order for the ballot to be counted, the carrier ballot
  2 14 envelope must be received in the commissioner's office before
  2 15 the polls close on election day or be clearly postmarked by an
  2 16 officially authorized postal service not later than the day
  2 17 before the election and received by the commissioner not later
  2 18 than noon on the Monday following the election.
  2 19    If the law authorizing the election specifies that the
  2 20 supervisors canvass the votes earlier than the Monday
  2 21 following the election, absentee ballots returned through the
  2 22 mail must be received not later than the time established for
  2 23 the canvass by the board of supervisors for that election.
  2 24 The commissioner shall contact the post office serving the
  2 25 commissioner's office at the latest practicable hour before
  2 26 the canvass by the board of supervisors for that election, and
  2 27 shall arrange for absentee ballots received in that post
  2 28 office but not yet delivered to the commissioner's office to
  2 29 be brought to the commissioner's office before the canvass for
  2 30 that election by the board of supervisors.
  2 31    Sec. 5.  Section 53.18, Code 2001, is amended to read as
  2 32 follows:
  2 33    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
  2 34    Upon receipt of the absentee ballot, the commissioner shall
  2 35 at once record the number appearing on the application and
  3  1 return carrier ballot envelope and time of receipt of such
  3  2 ballot and attach the elector's application to the unopened
  3  3 envelope.  Absentee ballots shall be stored in a secure place
  3  4 until they are delivered to the absentee and special voters.
  3  5    Sec. 6.  Section 53.19, unnumbered paragraph 1, Code 2001,
  3  6 is amended to read as follows:
  3  7    The commissioner shall maintain a list of the absentee
  3  8 ballots provided to registered voters, the serial number
  3  9 appearing on the unsealed ballot envelope, the date the
  3 10 application for the absentee ballot was received, and the date
  3 11 the absentee ballot was sent to the registered voter
  3 12 requesting the absentee ballot.
  3 13    Sec. 7.  Section 53.21, Code 2001, is amended to read as
  3 14 follows:
  3 15    53.21  REPLACEMENT OF LOST OR SPOILED ABSENTEE BALLOTS.
  3 16    A voter who has requested an absentee ballot may obtain a
  3 17 replacement ballot if the voter declares that the original
  3 18 ballot was lost or did not arrive.  The commissioner upon
  3 19 receipt of a written or oral request for a replacement ballot
  3 20 shall provide a duplicate ballot.  The same serial number that
  3 21 was assigned to the records of the original absentee ballot
  3 22 request shall be used on the envelopes envelope and records of
  3 23 the replacement ballot.
  3 24    The commissioner shall include with the replacement ballot
  3 25 two copies of a statement in substantially the following form:  
  3 26    The absentee ballot which I requested on ........(date) has
  3 27 been lost or was never received.  If I find this absentee bal-
  3 28 lot I will return it, unvoted, to the commissioner.  
  3 29                                ....................
  3 30                                (Signature of voter)
  3 31                                ....................
  3 32                                (Date)
  3 33    The voter shall enclose one copy of the above statement in
  3 34 the return carrier envelope with the ballot envelope and re-
  3 35 tain a copy for the voter's records.
  4  1    A voter who spoils an absentee ballot may return it to the
  4  2 commissioner.  The outside of the return ballot envelope shall
  4  3 be marked "SPOILED BALLOT".  The commissioner shall replace
  4  4 the ballot in the manner provided in this section for lost
  4  5 ballots.
  4  6    An absentee ballot returned to the commissioner without a
  4  7 designation that the ballot was spoiled shall not be replaced.
  4  8    Sec. 8.  Section 53.22, subsection 5, unnumbered paragraph
  4  9 2, Code 2001, is amended to read as follows:
  4 10    Absentee ballots voted under this subsection shall be
  4 11 delivered to the commissioner no later than the time the polls
  4 12 are closed on election day.  If the ballot is returned by mail
  4 13 the carrier ballot envelope must be received by the time the
  4 14 polls close, or clearly postmarked by an officially authorized
  4 15 postal service not later than the day before the election and
  4 16 received by the commissioner no later than the time
  4 17 established for the canvass by the board of supervisors for
  4 18 that election.
  4 19    Sec. 9.  Section 53.23, subsection 3, Code 2001, is amended
  4 20 to read as follows:
  4 21    3.  The commissioner shall set the convening time for the
  4 22 board, allowing a reasonable amount of time to complete
  4 23 counting all absentee ballots by ten p.m. on election day.
  4 24 The commissioner may direct the board to meet on the day
  4 25 before the election solely for the purpose of reviewing the
  4 26 absentee voters' affidavits appearing on the sealed ballot
  4 27 envelopes.  If, if in the commissioner's judgment this
  4 28 procedure is necessary due to the number of absentee ballots
  4 29 received, the members of the board may open the sealed ballot
  4 30 envelopes and remove the secrecy envelope containing the
  4 31 ballot, but under.  Under no circumstances shall a secrecy
  4 32 ballot envelope be opened before the board convenes on
  4 33 election day.  If the affidavits on the ballot envelopes are
  4 34 opened reviewed before election day, two observers, one
  4 35 appointed by each of the two political parties referred to in
  5  1 section 49.13, subsection 2, shall witness the proceedings.
  5  2    If the board finds any ballot not enclosed in a secrecy
  5  3 envelope, the two special precinct election officials, one
  5  4 from each of the two political parties referred to in section
  5  5 49.13, subsection 2, shall place the ballot in a secrecy
  5  6 envelope.  No one shall examine the ballot.  Each of the
  5  7 special precinct election officials shall sign the secrecy
  5  8 envelope.
  5  9    Sec. 10.  Section 53.23, subsection 5, Code 2001, is
  5 10 amended to read as follows:
  5 11    5.  The special precinct election board shall preserve the
  5 12 secrecy of all absentee and special ballots.  After the
  5 13 affidavits on the envelopes have been reviewed and the
  5 14 qualifications of the persons casting the ballots have been
  5 15 determined, those that have been accepted for counting shall
  5 16 be opened.  The ballots shall be removed from the affidavit
  5 17 ballot envelopes without being unfolded or examined, and then
  5 18 shall be thoroughly intermingled, after which they shall be
  5 19 unfolded and tabulated.  If secrecy folders or envelopes are
  5 20 used with special paper ballots, the ballots shall be removed
  5 21 from the secrecy folders after the ballots have been
  5 22 intermingled.
  5 23    Sec. 11.  Section 468.511, subsection 1, Code 2001, is
  5 24 amended to read as follows:
  5 25    1.  When a petition asking for the right to vote in
  5 26 proportion to assessment of benefits at all elections for any
  5 27 purpose thereafter to be held within said district, signed by
  5 28 a majority of the landowners owning land within said district
  5 29 assessed for benefits, is filed with the board of trustees,
  5 30 then, in all elections of trustees thereafter held within said
  5 31 district, any person whose land is assessed for benefits
  5 32 without regard to age, sex, or condition shall be entitled to
  5 33 one vote for each ten dollars or fraction thereof of the
  5 34 original assessment under the current classification against
  5 35 the land actually owned by the person in said district at the
  6  1 time of the election, but in order to have such ballot counted
  6  2 for more than one vote the voter shall write the voter's name
  6  3 upon the ballot.  The vote of any landowner of the district
  6  4 may be cast by absent voters ballot as provided in chapter 53
  6  5 except that the form of the applications for ballots, the
  6  6 voters' affidavits on the envelopes, and the endorsement of
  6  7 the carrier outer envelope for preserving the ballot shall be
  6  8 substantially in the form provided in subsections 2, 3 and 4,
  6  9 below.  Application blanks, envelopes and ballots shall be
  6 10 provided by and submitted to the office of the county auditor
  6 11 in which the election is held.  The cost of such blanks,
  6 12 envelopes, ballots and postage shall be paid by the district.
  6 13 For the purpose of this subchapter all landowners of the
  6 14 district shall be considered qualified voters, regardless of
  6 15 their place of residence.
  6 16    Sec. 12.  Section 468.511, subsection 4, Code 2001, is
  6 17 amended to read as follows:
  6 18    4.  For the purposes of this subchapter, upon receipt of
  6 19 the ballot, the auditor shall at once enclose the same,
  6 20 unopened, together with the application made by the voter in a
  6 21 large carrier an outer envelope, securely seal the same, and
  6 22 endorse thereon over the auditor's official signature, the
  6 23 following:
  6 24    a.  Name of the district in which the voter is a landowner.
  6 25    b.  Date of the election for which the ballot is cast.
  6 26    c.  Location of the polling place at which the ballot would
  6 27 be legally and properly cast if voted in person.
  6 28    d.  Names of the judges of the election of that polling
  6 29 place, and the statement that this envelope contains an absent
  6 30 voters ballot and must be opened only at the polls on election
  6 31 day while said polls are open.  
  6 32                           EXPLANATION
  6 33    This bill reduces the number of envelopes used in absentee
  6 34 voting from two to one.  The single envelope will bear the
  6 35 voter affidavit and will contain the absentee ballot.  In
  7  1 addition, all references in the Code to the secrecy envelope
  7  2 and the carrier envelope have been eliminated and replaced
  7  3 with a reference to the ballot envelope.  In the Code section
  7  4 determining votes by assessment for levee and drainage
  7  5 districts, the term "carrier envelope" has been changed to
  7  6 "outer envelope" to reduce confusion.  
  7  7 LSB 2553SS 79
  7  8 ta/pj/5
     

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