Text: S03161 Text: S03163 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 593, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 6, by inserting after line 27 the 1 4 following: 1 5 "Sec. . Section 53.2, unnumbered paragraph 4, 1 6 Code 2003, is amended to read as follows: 1 7 Each application shall contain the name and 1 8 signature of the registered voter, the address at 1 9 which the voter is registered to vote, and the name or 1 10 date of the election for which the absentee ballot is 1 11 requested, and such other information as may be 1 12 necessary to determine the correct absentee ballot for 1 13 the registered voter. If insufficient information has 1 14 been provided, the commissioner shall, by the best 1 15 means available, obtain the additional necessary 1 16 information. The form prescribed by the state 1 17 commissioner shall include a space for the applicant 1 18 to indicate that the applicant is elderly and 1 19 homebound or disabled and homebound. If the applicant 1 20 makes such indication on an application, the applicant 1 21 shall be treated as if the applicant were a patient of 1 22 a hospital or resident or tenant of a facility under 1 23 section 53.22. 1 24 Sec. . Section 53.8, subsection 2, Code 2003, 1 25 is amended to read as follows: 1 26 2. If an application is received so late that it 1 27 is unlikely that the absentee ballot can be returned 1 28 in time to be counted on election day, the 1 29 commissioner shall enclose with the absentee ballot a 1 30 statement to that effect. The statement shall also 1 31 point out that it is possible for the applicant or the 1 32 applicant's designee, if the absentee ballot is voted 1 33 by a voter described in section 53.22, subsection 5, 1 34 to personally deliver the completed absentee ballot to 1 35 the office of the commissioner at any time before the 1 36 closing of the polls on election day. 1 37 Sec. . Section 53.8, subsection 3, Code 2003, 1 38 is amended to read as follows: 1 39 3. When an application for an absentee ballot is 1 40 received by the commissioner of any county from a 1 41 registered voter who is a patient in a hospital in 1 42 that county or a resident or tenant of any facility in 1 43 that county shown to be ahealth carefacility by the 1 44 list of licenses provided the commissioner under 1 45sectionsections 135C.29 and 231.25, the absentee 1 46 ballot shall be delivered to the voter and returned to 1 47 the commissioner in the manner prescribed by section 1 48 53.22. However, if the application is received more 1 49 than ten calendar days before the election and the 1 50 commissioner has not elected to mail absentee ballots 2 1 to the applicant as provided under section 53.22, 2 2 subsection 3, the commissioner shall mail to the 2 3 applicant within twenty-four hours a letter in 2 4 substantially the following form: 2 5 Your application for an absentee ballot for the 2 6 election to be held on ...... has been received. This 2 7 ballot will be personally delivered to you by a 2 8 bipartisan team sometime during the ten days preceding 2 9 the election. If you will not be at the address from 2 10 which your application was sent during any or all of 2 11 the ten-day period immediately preceding the election, 2 12 contact this office and arrangements will be made to 2 13 have your absentee ballot delivered at a time when you 2 14 will be present at that address. 2 15 Nothing in this subsection nor in section 53.22 2 16 shall be construed to prohibit a registered voter who 2 17 is a hospital patient or a resident or tenant of a 2 18health carefacility, or who anticipates entering a 2 19 hospital orhealth carefacility before the date of a 2 20 forthcoming election, from casting an absentee ballot 2 21 in the manner prescribed by section 53.11. 2 22 Sec. . Section 53.17, subsection 1, Code 2003, 2 23 is amended to read as follows: 2 24 1. The sealed carrier envelope may be delivered by 2 25 the registered voter, or the voter's designee if the 2 26 absentee ballot is voted by a voter described in 2 27 section 53.22, subsection 5, to the commissioner's 2 28 office no later than the time the polls are closed on 2 29 election day. 2 30 Sec. . Section 53.22, Code 2003, is amended to 2 31 read as follows: 2 32 53.22 BALLOTING BY CONFINED PERSONS. 2 33 1. a. A registered voter who has applied for an 2 34 absentee ballot, in a manner other than that 2 35 prescribed by section 53.11, and who is a resident, 2 36 tenant, or patient in ahealth carefacility or 2 37 hospital located in the county to which the 2 38 application has been submitted shall be delivered the 2 39 appropriate absentee ballot by two special precinct 2 40 election officers, one of whom shall be a member of 2 41 each of the political parties referred to in section 2 42 49.13, who shall be appointed by the commissioner from 2 43 the election board panel for the special precinct 2 44 established by section 53.20. The special precinct 2 45 election officers shall be sworn in the manner 2 46 provided by section 49.75 for election board members, 2 47 shall receive compensation as provided in section 2 48 49.20 and shall perform their duties during the ten 2 49 calendar days preceding the election and on election 2 50 day if all ballots requested under section 53.8, 3 1 subsection 3 have not previously been delivered and 3 2 returned. 3 3 If materials are prepared for the two special 3 4 precinct election officials, a list shall be made of 3 5 all voters to whom ballots are to be delivered. The 3 6 list shall be sent with the officials who deliver the 3 7 ballots and shall include spaces to indicate whether 3 8 the person was present at the hospital orhealth care3 9 facility when the officials arrived, whether the 3 10 person requested assistance from the officials, 3 11 whether the person was assisted by another person of 3 12 the voter's choice, the time that the ballot was 3 13 returned to the officials, and any other notes the 3 14 officials deem necessary. 3 15 The officials shall also be issued a supply of 3 16 extra ballots to replace spoiled ballots. Receipts 3 17 shall be issued in substantially the same form as 3 18 receipts issued to precinct election officials 3 19 pursuant to section 49.65. All ballots shall be 3 20 accounted for and shall be returned to the 3 21 commissioner. Separate envelopes shall be provided 3 22 for the return of spoiled ballots and unused ballots. 3 23 b. If an applicant under this subsection notifies 3 24 the commissioner that the applicant will not be 3 25 available at thehealth carefacility or hospital 3 26 address at any time during the ten-day period 3 27 immediately prior to the election, but will be 3 28 available there at some earlier time, the commissioner 3 29 shall direct the two special precinct election 3 30 officers to deliver the applicant's ballot at an 3 31 appropriate time prior to the ten-day period 3 32 immediately preceding the election. If a person who 3 33 so requested an absentee ballot has been dismissed 3 34 from thehealth carefacility or hospital, the special 3 35 precinct election officers may take the ballot to the 3 36 voter if the voter is currently residing in the 3 37 county. 3 38 c. The special precinct election officers shall 3 39 travel together in the same vehicle and both shall be 3 40 present when an applicant casts an absentee ballot. 3 41 If either or both of the special precinct election 3 42 officers fail to appear at the time the duties set 3 43 forth in this section are to be performed, the 3 44 commissioner shall at once appoint some other person, 3 45 giving preference to persons designated by the 3 46 respective county chairpersons of the political 3 47 parties described in section 49.13, to carry out the 3 48 requirements of this section. The persons authorized 3 49 by this subsection to deliver an absentee ballot to an 3 50 applicant, if requested, may assist the applicant in 4 1 filling out the ballot as permitted by section 49.90. 4 2 After the voter has securely sealed the marked ballot 4 3 in the envelope provided and has subscribed to the 4 4 oath, the voted absentee ballots shall be deposited in 4 5 a sealed container which shall be returned to the 4 6 commissioner on the same day the ballots are voted. 4 7 On election day the officers shall return the sealed 4 8 container by the time the polls are closed. 4 9 2. Any registered voter who becomes a patient or 4 10 resident or tenant of a hospital orhealth care4 11 facility in the county where the voter is registered 4 12 to vote within three days prior to the date of any 4 13 election or on election day may request an absentee 4 14 ballot during that period or on election day. As an 4 15 alternative to the application procedure prescribed by 4 16 section 53.2, the registered voter may make the 4 17 request directly to the officers who are delivering 4 18 and returning absentee ballots under this section. 4 19 Alternatively, the request may be made by telephone to 4 20 the office of the commissioner not later than four 4 21 hours before the close of the polls. If the requester 4 22 is found to be a registered voter of that county, 4 23 these officers shall deliver the appropriate absentee 4 24 ballot to the registered voter in the manner 4 25 prescribed by this section. 4 26 3. For any election except a primary or general 4 27 election or a special election to fill a vacancy under 4 28 section 69.14, the commissioner may, as an alternative 4 29 to subsection 1, mail an absentee ballot to an 4 30 applicant under this section to be voted and returned 4 31 to the commissioner in accordance with this chapter. 4 32 This subsection only applies to applications for 4 33 absentee ballots from a singlehealth carefacility or 4 34 hospital if there are no more than two applications 4 35 from that facility or hospital. 4 36 4. The commissioner shall mail an absentee ballot 4 37 to a registered voter who has applied for an absentee 4 38 ballot and who is a patient or resident or tenant of a 4 39 hospital orhealth carefacility outside the county in 4 40 which the voter is registered to vote. 4 41 5. If the registered voter becomes a patient or 4 42 resident or tenant of a hospital orhealth care4 43 facility outside the county where the voter is 4 44 registered to vote within three days before the date 4 45 of any election or on election day, the voter may 4 46 designate a person to deliver and return the absentee 4 47 ballot. The designee may be any person the voter 4 48 chooses except that no candidate for any office to be 4 49 voted upon for the election for which the ballot is 4 50 requested may deliver a ballot under this subsection. 5 1 The request for an absentee ballot may be made by 5 2 telephone to the office of the commissioner not later 5 3 than four hours before the close of the polls. If the 5 4 requester is found to be a registered voter of that 5 5 county, the ballot shall be delivered by mail or by 5 6 the person designated by the voter. An application 5 7 form shall be included with the absentee ballot and 5 8 shall be signed by the voter and returned with the 5 9 ballot. 5 10 Absentee ballots voted under this subsection shall 5 11 be delivered to the commissioner no later than the 5 12 time the polls are closed on election day. If the 5 13 ballot is returned by mail the carrier envelope must 5 14 be received by the time the polls close, or clearly 5 15 postmarked by an officially authorized postal service 5 16 not later than the day before the election and 5 17 received by the commissioner no later than the time 5 18 established for the canvass by the board of 5 19 supervisors for that election. 5 20 6. For purposes of this section, "facility" means 5 21 a health care facility as defined in section 135C.1, 5 22 subsection 6, and an assisted living program certified 5 23 pursuant to chapter 231C. 5 24 Sec. . Section 53.23, subsection 3, unnumbered 5 25 paragraph 1, Code 2003, is amended to read as follows: 5 26 The commissioner shall set the convening time for 5 27 the board, allowing a reasonable amount of time to 5 28 complete counting all absentee ballots by ten p.m. on 5 29 election day. The commissioner may direct the board 5 30 to meet on thedayWednesday before the election 5 31 solely for the purpose of reviewing the absentee 5 32 voters' affidavits appearing on the sealed ballot 5 33 envelopes. If in the commissioner's judgment this 5 34 procedure is necessary due to the number of absentee 5 35 ballots received, the members of the board may open 5 36 the sealed ballot envelopes and remove the secrecy 5 37 envelope containing the ballot, but under no 5 38 circumstances shall a secrecy envelope be opened 5 39 before the board convenes on election day. If the 5 40 ballot envelopes are opened before election day, two 5 41 observers, one appointed by each of the two political 5 42 parties referred to in section 49.13, subsection 2, 5 43 shall witness the proceedings. 5 44 Sec. . NEW SECTION. 231.25 LICENSE LIST TO 5 45 COUNTY COMMISSIONER OF ELECTIONS. 5 46 To facilitate the implementation of section 53.8, 5 47 subsection 3, and section 53.22, the director shall 5 48 provide to each county commissioner of elections at 5 49 least annually a list of each licensed assisted living 5 50 program in that county. The list shall include the 6 1 street address or location, and the mailing address if 6 2 it is other than the street address or location, of 6 3 each program." 6 4 #2. Title page, line 13, by inserting after the 6 5 word "elections," the following: "relating to 6 6 absentee voting by certain confined persons, relating 6 7 to delivery of certain completed absentee ballots to 6 8 the county commissioner of elections,". 6 9 #3. By renumbering, relettering, or redesignating 6 10 and correcting internal references as necessary. 6 11 6 12 6 13 6 14 COMMITTEE ON STATE GOVERNMENT 6 15 MARK ZIEMAN, CHAIRPERSON 6 16 HF 593.302 80 6 17 sc/cf
Text: S03161 Text: S03163 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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