Text: S05291 Text: S05293 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2269, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, line 5, by inserting after the word 1 4 "voter," the following: "an absentee ballot 1 5 courier,". 1 6 #2. Page 1, line 12, by inserting after the word 1 7 "voter," the following: "an absentee ballot 1 8 courier,". 1 9 #3. Page 13, by inserting after line 8, the 1 10 following: 1 11 "Sec. . Section 52.1, subsection 2, paragraph 1 12 h, Code 2003, is amended to read as follows: 1 13 h. "Voting machine" means a mechanical or 1 14 electronic device, meeting the requirements of section 1 15 52.7, designated for use in casting, registering, 1 16 recording, and counting votes at an election. "Voting 1 17 machine" includes, but is not limited to, direct 1 18 recording electronic devices." 1 19 #4. Page 13, by inserting after line 19, the 1 20 following: 1 21 "Sec. . Section 52.5, unnumbered paragraph 2, 1 22 Code 2003, is amended to read as follows: 1 23 The state commissioner shall formulate, with the 1 24 advice and assistance of the examiners, and adopt 1 25 rules governing the testing and examination of any 1 26 voting machine or electronic voting system by the 1 27 board of examiners. The rules shall prescribe the 1 28 method to be used in determining whether the machine 1 29 or system is suitable for use within the state and 1 30 performance standards for voting equipment in use 1 31 within the state. The rules shall provide that all 1 32 electronic voting systems and voting machines approved 1 33 for use by the examiners after April 9, 2003, shall 1 34 meet voting systems performance and test standards, as 1 35 adopted by the federal election commission on April 1 36 30, 2002, and as deemed adopted by Pub. L. No. 107- 1 37 252, section 222. The rules shall include standards 1 38 for determining when recertification is necessary 1 39 following modifications to the equipment or to the 1 40 programs used in tabulating votes, and a procedure for 1 41 rescinding certification if a system or machine is 1 42 found not to comply with performance standards adopted 1 43 by the state commissioner. 1 44 Sec. . Section 52.7, unnumbered paragraphs 2 1 45 and 4, Code 2003, are amended to read as follows: 1 46 It must also be so constructed as to prevent voting 1 47 for more than one person for the same office, except 1 48 where the voter is lawfully entitled to vote for more 1 49 than one person for that office; and it must afford 1 50 the voter an opportunity to vote for any or all 2 1 persons for that office as the voter is by law 2 2 entitled to vote for and no more, at the same time 2 3 preventing the voter from voting for the same person 2 4 twice. The voting machine must be so constructed as 2 5 to provide the voter with an opportunity to change a 2 6 vote before the ballot is recorded and counted. 2 7 Such machine shall be so constructed as to 2 8 accurately account for every vote cast upon it. The 2 9 machine shall be so constructed as to remove 2 10 information from the ballot identifying the voter 2 11 before the ballot is recorded and counted. If the 2 12 machine is a direct electronic recording device, the 2 13 machine shall be so constructed as to store each 2 14 ballot cast separate from the ballot tabulation 2 15 function, which ballot may be reproduced on paper in 2 16 the case of a recount, manual audit, or machine 2 17 malfunction." 2 18 #5. Page 16, line 4, by inserting after the word 2 19 "day." the following: "The statement shall also point 2 20 out that it is possible for an absentee ballot courier 2 21 to personally deliver the completed absentee ballot to 2 22 the office of the commissioner by five p.m. on 2 23 election day." 2 24 #6. Page 16, by striking lines 5 through 23 and 2 25 inserting the following: 2 26 "Sec. . Section 53.17, Code 2003, is amended to 2 27 read as follows: 2 28 53.17 MAILING OR DELIVERING BALLOT. 2 29 1. The sealed envelope containing the absentee 2 30 ballot shall be enclosed in a carrier envelope which 2 31 shall be securely sealed. The sealed carrier envelope 2 32 shall be returned to the commissioner by one of the 2 33 following methods: 2 341.a. The sealed carrier envelope may be delivered 2 35 by the registered voter, by the special precinct 2 36 election officials designated pursuant to section 2 37 53.22, subsection 1, or by the voter's designee if the 2 38 absentee ballot is voted by a voter described in 2 39 section 53.22, subsection 5, to the commissioner's 2 40 office no later than the time the polls are closed on 2 41 election day, except as otherwise provided in 2 42 subsection 4. 2 432.b. The sealed carrier envelope may be mailed to 2 44 the commissioner by the registered voter, by an 2 45 immediate family member of the voter, or by the 2 46 voter's designee if the ballot is voted by a voter 2 47 described in section 53.22, subsection 5.The carrier2 48envelope shall indicate that greater postage than2 49ordinary first class mail may be required. The2 50commissioner shall pay any insufficient postage due on3 1a carrier envelope bearing ordinary first class3 2postage and accept the ballot.3 3 c. The sealed carrier envelope may be delivered to 3 4 the commissioner by an absentee ballot courier, but 3 5 only as provided in subsection 4. 3 6 2. In order for the ballot to be counted, the 3 7 carrier envelope must be received in the 3 8 commissioner's office before the polls close on 3 9 election day or be clearly postmarked by an officially 3 10 authorized postal service not later than the day 3 11 before the election and received by the commissioner 3 12 not later than noon on the Monday following the 3 13 election. 3 14 3. If the law authorizing the election specifies 3 15 that the supervisors canvass the votes earlier than 3 16 the Monday following the election, absentee ballots 3 17 returned through the mail must be received not later 3 18 than the time established for the canvass by the board 3 19 of supervisors for that election. The commissioner 3 20 shall contact the post office serving the 3 21 commissioner's office at the latest practicable hour 3 22 before the canvass by the board of supervisors for 3 23 that election, and shall arrange for absentee ballots 3 24 received in that post office but not yet delivered to 3 25 the commissioner's office to be brought to the 3 26 commissioner's office before the canvass for that 3 27 election by the board of supervisors. 3 28 4. a. A person who acts as an actual or implied 3 29 agent of a political party, candidate, or committee, 3 30 as defined by chapter 68A, shall register with the 3 31 commissioner as an absentee ballot courier in order to 3 32 deliver completed absentee ballots to the 3 33 commissioner. A candidate whose name is on the ballot 3 34 or an elected official shall not be allowed to 3 35 register as an absentee ballot courier. 3 36 b. The registration shall include the courier's 3 37 name and address and the best means for contacting the 3 38 person or the political party, candidate, or committee 3 39 for which the person is acting as an actual or implied 3 40 agent. An absentee ballot courier must register with 3 41 the commissioner prior to each election for which the 3 42 person will be delivering completed absentee ballots 3 43 to the commissioner. For each election, the 3 44 commissioner shall maintain a list of all persons who 3 45 have registered as absentee ballot couriers. 3 46 c. A person wishing to register as an absentee 3 47 ballot courier must complete a training course in the 3 48 laws, procedures, and penalties related to handling 3 49 completed absentee ballots. The training course shall 3 50 be conducted by the commissioner; the commissioner's 4 1 designee; or, in the case of partisan elections, by 4 2 the respective county central committees. The 4 3 curriculum for the training course shall be 4 4 established by the state commissioner by rule adopted 4 5 pursuant to chapter 17A. 4 6 d. When an absentee ballot courier retrieves a 4 7 completed absentee ballot from a voter, the courier 4 8 shall fill out a receipt to be retained by the voter. 4 9 The state commissioner shall prescribe a form for 4 10 receipts required by this subsection. The receipt 4 11 shall include all of the following: 4 12 (1) The name of the courier. 4 13 (2) The date and time the voted absentee ballot 4 14 was received from the voter. 4 15 (3) The name and date of the election for which 4 16 the absentee ballot is being voted. 4 17 (4) The name of the political party, candidate, or 4 18 committee for which the courier is acting as an actual 4 19 or implied agent. 4 20 (5) A statement that the completed absentee ballot 4 21 will be delivered to the commissioner's office within 4 22 seventy-two hours or by five p.m. on election day, 4 23 whichever is sooner. 4 24 e. An absentee ballot courier shall submit a cover 4 25 sheet listing the names of persons whose ballots are 4 26 being delivered each time the courier delivers ballots 4 27 to the commissioner's office. 4 28 f. A violation of any part of this subsection is 4 29 election misconduct in the first degree, pursuant to 4 30 section 39A.2, subsection 1, paragraph "b", 4 31 subparagraph (1). 4 32 5. For purposes of this section, "immediate family 4 33 member" means the spouse, adult child or stepchild, 4 34 adult grandchild, parent or stepparent, grandparent, 4 35 or adult sibling of the voter." 4 36 #7. Title page, line 3, by inserting after the 4 37 word "practice," the following: "making changes 4 38 related to voting machines,". 4 39 #8. By renumbering, relettering, or redesignating 4 40 and correcting internal references as necessary. 4 41 SF 2269H 4 42 sc/es/25
Text: S05291 Text: S05293 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2004 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: Thu Apr 8 03:30:58 CDT 2004
URL: /DOCS/GA/80GA/Legislation/S/05200/S05292/040407.html
jhf