Text: SF00369 Text: SF00371 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 PROVISIONS RELATING TO THE FEDERAL HELP AMERICA VOTE ACT 1 3 AND MISCELLANEOUS VOTING PROVISIONS 1 4 Section 1. Section 47.1, Code 2003, is amended by adding 1 5 the following new unnumbered paragraph: 1 6 NEW UNNUMBERED PARAGRAPH. The state commissioner shall 1 7 adopt rules pursuant to chapter 17A, for the implementation of 1 8 uniform and nondiscriminatory administrative complaint 1 9 procedures for resolution of grievances relating to violations 1 10 of Title III of Pub. L. No. 107-252. 1 11 Sec. 2. Section 47.7, subsections 2, 3, and 4, Code 2003, 1 12 are amended by striking the subsections and inserting in lieu 1 13 thereof the following: 1 14 2. a. On or before January 1, 2004, or on or before 1 15 January 1, 2006, if a waiver is granted pursuant to section 1 16 303(d) of Pub. L. No. 107-252, the state registrar of voters 1 17 shall implement in a uniform and nondiscriminatory manner, a 1 18 single, uniform, official, centralized, interactive 1 19 computerized statewide voter registration file defined, 1 20 maintained, and administered at the state level that contains 1 21 the name and registration information of every legally 1 22 registered voter in the state and assigns a unique identifier 1 23 to each legally registered voter in the state. The state 1 24 voter registration system shall be coordinated with other 1 25 agency databases within the state, including, but not limited 1 26 to, the department of transportation driver's license records, 1 27 judicial records of convicted felons and persons declared 1 28 incompetent to vote, and department of public health records 1 29 of deceased persons. 1 30 b. On or after the deadline established in paragraph "a", 1 31 a county shall not establish or maintain a voter registration 1 32 system separate from the state voter registration system. 1 33 Each county shall provide to the state registrar the names, 1 34 voter registration information, and voting history of each 1 35 registered voter in the county in the form required by the 2 1 state registrar. 2 2 c. A state or local election official may obtain immediate 2 3 electronic access to the information contained in the 2 4 computerized voter registration file. All voter registration 2 5 information obtained by a local election official shall be 2 6 electronically entered into the computerized voter 2 7 registration file on an expedited basis at the time the 2 8 information is provided to the local election official. The 2 9 state registrar shall provide such support as may be required 2 10 to enable local election officials to electronically enter the 2 11 information into the computerized voter registration file on 2 12 an expedited basis. The list generated from the computerized 2 13 file shall serve as the official voter registration list for 2 14 the conduct of all elections for federal office in the state. 2 15 d. The state registrar shall prescribe by rule the 2 16 procedures for access to the state voter registration file, 2 17 security requirements, and access protocols for adding, 2 18 changing, or deleting information from the state voter 2 19 registration file. 2 20 Sec. 3. Section 48A.11, subsection 1, paragraph b, Code 2 21 2003, is amended to read as follows: 2 22 b. The registrant's name, including first name and any 2 23 family forename or surname. 2 24 Sec. 4. Section 48A.11, subsection 1, paragraph e, Code 2 25 2003, is amended by striking the paragraph and inserting in 2 26 lieu thereof, the following: 2 27 e. Iowa driver's license number, if the registrant has a 2 28 current and valid Iowa driver's license, or the last four 2 29 numerals of the registrant's social security number. If the 2 30 registrant does not have either an Iowa driver's license 2 31 number or a social security number, the form shall provide 2 32 space for a number to be assigned as provided in subsection 7. 2 33 Sec. 5. Section 48A.11, subsection 1, paragraph f, Code 2 34 2003, is amended to read as follows: 2 35 f. Date of birth, including month, date, and year. 3 1 Sec. 6. Section 48A.11, subsection 1, paragraph i, Code 3 2 2003, is amended to read as follows: 3 3 i. Political party registration, if any. 3 4 Sec. 7. Section 48A.11, subsection 2, Code 2003, is 3 5 amended by adding the following new paragraph: 3 6 NEW PARAGRAPH. c. The following questions and statement 3 7 regarding eligibility: 3 8 (1) Are you a citizen of the United States of America? 3 9 (2) Will you be eighteen years of age on or before 3 10 election day? 3 11 (3) If you checked "no" in response to either of these 3 12 questions, do not complete this form. 3 13 Sec. 8. Section 48A.11, subsection 5, Code 2003, is 3 14 amended to read as follows: 3 15 5. All forms for voter registration shall be prescribedby3 16rule adoptedby the state voter registration commission. 3 17 Sec. 9. Section 48A.11, Code 2003, is amended by adding 3 18 the following new subsection: 3 19 NEW SUBSECTION. 7. A voter registration application 3 20 lacking the registrant's name, sex, date of birth, or 3 21 residence address or description shall not be processed. If 3 22 the registrant answered "no" or did not answer either "yes" or 3 23 "no" to the question in subsection 2, paragraph "c", 3 24 subparagraph (1), the application shall not be processed. A 3 25 registrant whose registration is not processed pursuant to 3 26 this subsection shall be notified pursuant to section 48A.26, 3 27 subsection 3. A registrant who does not have either an Iowa 3 28 driver's license number or a social security number and who 3 29 notifies the registrar of such shall be assigned a unique 3 30 identifying number that shall serve to identify the registrant 3 31 for voter registration purposes. 3 32 Sec. 10. NEW SECTION. 48A.25A VERIFICATION OF VOTER 3 33 REGISTRATION INFORMATION. 3 34 Upon receipt of an application for voter registration, the 3 35 state registrar of voters shall compare the driver's license 4 1 number or the last four numerals of the social security number 4 2 provided by the registrant with the records of the state 4 3 department of transportation. If the information cannot be 4 4 verified, the application shall be rejected and the registrant 4 5 shall be notified of the reason for the rejection. If the 4 6 information can be verified, a record shall be made of the 4 7 source used for verification and the application shall be 4 8 accepted. 4 9 This section does not apply to persons entitled to register 4 10 to vote and to vote pursuant to section 48A.5, subsection 4. 4 11 Sec. 11. Section 48A.26, subsection 3, Code 2003, is 4 12 amended to read as follows: 4 13 3. If the registration form is missing required 4 14 information pursuant to section 48A.11, subsection 7, the 4 15 acknowledgment shall advise the applicant what additional 4 16 information is required. The commissioner shall enclose a new 4 17 registration by mail form for the applicant to use. If the 4 18 registration form has no address, the commissioner shall make 4 19 a reasonable effort to determine where the acknowledgment 4 20 should be sent. If the incomplete application is received 4 21 during the twelve days before the close of registration for an 4 22 election, the commissioner shall provide the registrant with 4 23 an opportunity to complete the form before the close of 4 24 registration. 4 25 Sec. 12. Section 48A.28, subsection 2, unnumbered 4 26 paragraph 2, Code 2003, is amended to read as follows: 4 27 A commissioner participating in the national change of 4 28 address program, in the first quarter of each calendar year, 4 29 shall send a notice and preaddressed, postage paid return card 4 30 by forwardable mail to each registered voter whose name was 4 31 not reported by the national change of address program and who 4 32 has not voted,in two or more consecutive general elections 4 33 and has not registered again, or who has not reported a change 4 34 to an existing registration, or who has not responded to a 4 35 notice from the commissioner or registrar during thepreceding5 1four calendar yearsperiod between and following the previous 5 2 two general elections. The form and language of the notice 5 3 and return card shall be specified by the state voter 5 4 registration commission by rule. A registered voter shall not 5 5 be sent a notice and return card under this subsection more 5 6 frequently than once in a four-year period. 5 7 Sec. 13. Section 48A.36, subsection 2, Code 2003, is 5 8 amended to read as follows: 5 9 2. Upon receipt of electronic registration data under 5 10 subsection 1, the state registrar of votersmayshall cause 5 11 the updating of registration recordsfor registrants in5 12counties which have arranged for data processing services5 13under section 47.7, subsection 2. The registrar shall notify 5 14 the appropriate commissioner of the actions taken. 5 15 Sec. 14. Section 48A.38, subsection 1, paragraph f, Code 5 16 2003, is amended to read as follows: 5 17 f. The county commissioner of registration and the state 5 18 registrar of voters shall remove a voter's social security 5 19 number and driver's license number from a voter registration 5 20 list prepared pursuant to this section. 5 21 Sec. 15. Section 49.44, unnumbered paragraph 2, Code 2003, 5 22 is amended by striking the unnumbered paragraph. 5 23 Sec. 16. Section 49.68, Code 2003, is amended to read as 5 24 follows: 5 25 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS. 5 26 The state commissioner with the approval of the attorney 5 27 general shall prepare, and from time to time revise, written 5 28 instructions to the voters relative to voting, and shall 5 29 furnish each commissioner with copies of the instructions. 5 30SuchOne set of instructions, which shall be known as 5 31 instructions for marking ballots, shall cover the manner of 5 32 marking ballots. Another set of instructions, which shall be 5 33 known as the Iowa voter bill of rights, shall cover the 5 34 following matters: 5 35 1. The manner of obtaining ballots. 6 12. The manner of marking ballots.6 23.2. That unmarked or improperly marked ballots will not 6 3 be counted. 6 44.3. The method of gaining assistance in marking ballots. 6 55.4. That any erasures or identification marks, or 6 6 otherwise spoiling or defacing a ballot, will render it 6 7 invalid. 6 86.5. Not to vote a spoiled or defaced ballot. 6 97.6. How to obtain a new ballot in place of a spoiled or 6 10 defaced one. 6 11 7. How to cast a provisional ballot. 6 12 8. Instructions for first-time voters who registered by 6 13 mail pursuant to section 48A.8. 6 14 9. The appropriate official to contact if the voter 6 15 believes the voter's rights have been violated. 6 16 10. Polling place hours and the date of the election. 6 17 11. Information about federal and state laws prohibiting 6 18 fraud and misrepresentation. 6 198.12. Any other mattersthoughtdetermined necessary. 6 20 Sec. 17. Section 49.70, Code 2003, is amended to read as 6 21 follows: 6 22 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. 6 23 The commissioner shall cause copies ofthe foregoingeach 6 24 set of instructions to be printed in large, clear type, under 6 25 theheadingheadings of Iowa voter bill of rights and 6 26"Instructionsinstructions forVoters"marking ballots, and 6 27 shall furnish the precinct election officials with a 6 28 sufficient number ofsucheach set of instructions as will 6 29 enable them to comply with section 49.71. 6 30 Sec. 18. Section 49.71, Code 2003, is amended to read as 6 31 follows: 6 32 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS. 6 33 The precinct election officials, before the opening of the 6 34 polls, shallcause said cardssecurely post each set of 6 35 instructionsto be securely postedas follows: 7 1 1. One copy of instructions for marking ballots in each 7 2 voting booth. 7 3 2. Not less than four copies of each set, with an equal 7 4 number of sample ballots, in and about the polling place. 7 5 Sec. 19. Section 49.73, subsection 2, Code 2003, is 7 6 amended to read as follows: 7 7 2. The commissioner shall not shorten voting hours for any 7 8 election if there is filed in the commissioner's office, at 7 9 least twenty-five days before the election, a petition signed 7 10 by at least fifty eligible electors of the school district or 7 11 city, as the case may be, requesting that the polls be opened 7 12 not later than seven o'clock a.m. All polling places where 7 13 the candidates of or any public question submitted by any one 7 14 political subdivision are being voted upon shall be opened at 7 15 the same hour, except that this requirement shall not apply to 7 16 merged areas established under chapter 260C. The hours at 7 17 which the respective precinct polling places are to open shall 7 18 not be changed after publication of the notice required by 7 19 section 49.53. The polling places shall be closed atnine7 20o'clockeight p.m. forstate primary and general elections and7 21other partisan elections, and for any other election held7 22concurrently therewith, and at eight o'clock p.m. forall 7 23otherelections. 7 24 Sec. 20. Section 49.77, subsection 3, Code 2003, is 7 25 amended by striking the subsection and inserting in lieu 7 26 thereof the following: 7 27 3. A precinct election official shall require that each 7 28 voter provide a current and valid identification card 7 29 containing a photograph of the voter, or one of the following 7 30 documents that show the name and current address of the voter: 7 31 a. Utility bill. 7 32 b. Bank statement. 7 33 c. Government check. 7 34 d. Other government document. 7 35 Sec. 21. Section 49.77, subsection 4, Code 2003, is 8 1 amended to read as follows: 8 2 4. a. A person who presents identification required in 8 3 subsection 3, and whose name does not appear on the election 8 4 register of the precinct in which that person claims the right 8 5 to vote shall not be permitted to vote, unless the person 8 6 affirms that the person is currently registered in the county 8 7and presents proof of identity, or the commissioner informs 8 8 the precinct election officials that an error has occurred and 8 9 that the person is a registered voter of that precinct. If 8 10 the commissioner finds no record of the person's registration 8 11 but the person insists that the person is a registered voter 8 12 of that precinct, the precinct election officials shall allow 8 13 the person to cast a ballot in the manner prescribed by 8 14 section 49.81. 8 15 b. A person who does not present identification required 8 16 in subsection 3 but whose name appears on the election 8 17 register of the precinct in which that person claims the right 8 18 to vote, or if the commissioner informs the precinct election 8 19 officials that an error has occurred and the person is a 8 20 registered voter of that precinct, shall be allowed to cast a 8 21 ballot in the manner prescribed by section 49.81. 8 22 c. A person who has been sent an absentee ballot by mail 8 23 but for any reason has not received it shall be permitted to 8 24 cast a ballot in person pursuant to section 53.19 and in the 8 25 manner prescribed by this section and section 49.81. 8 26 Sec. 22. Section 49.81, Code 2003, is amended to read as 8 27 follows: 8 28 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL 8 29 BALLOT. 8 30 1. A prospective voterwho is prohibited underdescribed 8 31 in section 49.77, subsection 4, or a prospective voter who is 8 32 challenged under section 49.80from voting except under this8 33sectionshall bepermitted tonotified by the appropriate 8 34 precinct election official that the voter may cast apaper8 35 provisional ballot under this section. If a booth meeting the 9 1 requirement of section 49.25 is not available at that polling 9 2 place, the precinct election officials shall make alternative 9 3 arrangements to insure the challenged voter the opportunity to 9 4 vote in secret. The marked ballot, folded as required by 9 5 section 49.84, shall be delivered to a precinct election 9 6 official who shall immediately seal it in an envelope of the 9 7 type prescribed by subsection 4. The sealed envelope shall be 9 8 deposited ina specialan envelope marked"ballots for special9 9precinct""provisional ballots" and shall be considered as 9 10 having been cast in the special precinct established by 9 11 section 53.20 for purposes of the postelection canvass. 9 12 2. Each person who casts aspecialprovisional ballot 9 13 under this section shall receive a printed statement in 9 14 substantially the following form: 9 15 Your qualifications as a registered voter have been 9 16 challenged for the following reasons: 9 17 I. ................................................. 9 18 II. ................................................. 9 19 III. ................................................. 9 20 Your right to vote will be reviewed by the special precinct 9 21 counting board on ...... You have the right and are 9 22 encouraged to make a written statement and submit additional 9 23 written evidence to this board supporting your qualifications 9 24 as a registered voter. This written statement and evidence 9 25 may be given to an election official of this precinct on 9 26 election day or mailed or delivered to the county commissioner 9 27 of elections, but must be received before .... a.m./p.m. on 9 28 ...... at ...... If your ballot is not counted you will 9 29 receive, by mail, notification of this fact and the reason 9 30 that the ballot was not counted. 9 31 3. Any elector may present written statements or 9 32 documents, supporting or opposing the counting of anyspecial9 33 provisional ballot, to the precinct election officials on 9 34 election day, until the hour for closing the polls. Any 9 35 statements or documents so presented shall be delivered to the 10 1 commissioner when the election supplies are returned. 10 2 4. The individual envelopes used for eachpaper10 3 provisional ballot cast pursuant to subsection 1 shall have 10 4 printed on them the format of the face of the registration 10 5 form under section 48A.8 and the following: 10 6 I believe I am a registered voter of thisprecinctcounty 10 7 and I am eligible to vote in this election. I registered to 10 8 vote in ...... county on or about ...... at ....... My name 10 9 at that time was ....... I have not moved to a different 10 10 county since that time. I am a United States citizen, at 10 11 least eighteen years of age. 10 12 ............................ 10 13 (signature of voter) (date) 10 14 The following information is to be provided by the precinct 10 15 election official: 10 16 Reason for challenge: 10 17 .................................. 10 18 .................................. 10 19 ............................ 10 20 (signature of precinct 10 21 election official) 10 22 Sec. 23. Section 50.20, Code 2003, is amended to read as 10 23 follows: 10 24 50.20 NOTICE OF NUMBER OFSPECIALPROVISIONAL BALLOTS. 10 25 The commissioner shall compile a list of the number of 10 26specialprovisional ballots cast under section 49.81 in each 10 27 precinct. The list shall be made available to the public as 10 28 soon as possible, but in no case later than nineo'clocka.m. 10 29 on the second day following the election. Any elector may 10 30 examine the list during normal office hours, and may also 10 31 examine the affidavit envelopes bearing the ballots of 10 32 challenged electors until the reconvening of the special 10 33 precinct board as required by this chapter. Only those 10 34 persons so permitted by section 53.23, subsection 4, shall 10 35 have access to the affidavits while that board is in session. 11 1 Any elector may present written statements or documents, 11 2 supporting or opposing the counting of any special ballot, at 11 3 the commissioner's office until the reconvening of the special 11 4 precinct board. 11 5 Sec. 24. Section 50.21, unnumbered paragraph 2, Code 2003, 11 6 is amended to read as follows: 11 7 If nospecialprovisional ballots were cast in the county 11 8 pursuant to section 49.81 at any election, the special 11 9 precinct election board need not be so reconvened. If the 11 10 number ofspecialprovisional ballotssocast at any election 11 11 is not sufficient to require reconvening of the entire 11 12 election board of the special precinct, the commissioner may 11 13 reconvene only the number of members required. If the number 11 14 ofspecialprovisional ballots cast at any election exceeds 11 15 the number of absentee ballots cast, the size of the special 11 16 precinct election board may be increased at the commissioner's 11 17 discretion. The commissioner shall observe the requirements 11 18 of sections 49.12 and 49.13 in making adjustments to the size 11 19 of the special precinct election board. 11 20 Sec. 25. Section 52.1, subsection 2, paragraph h, Code 11 21 2003, is amended to read as follows: 11 22 h. "Voting machine" meansa mechanical oran electronic 11 23 device, meeting the requirements of section 52.7, designated 11 24 for use in casting, registering, recording, and counting votes 11 25 at an election. 11 26 Sec. 26. Section 52.2, Code 2003, is amended to read as 11 27 follows: 11 28 52.2 PURCHASE. 11 29 The board of supervisors of any county may, by a majority 11 30 vote, authorize, purchase, and order the use of either voting 11 31 machines or an electronic voting system in any one or more 11 32 voting precincts withinsaidthe county until otherwise 11 33 ordered bysaidthe board of supervisors. Voting machines and 11 34 an electronic voting system may be used concurrently at 11 35differentprecincts within any county, but not at the same12 1precinct. 12 2 The state commissioner may provide voting machines or 12 3 electronic voting systems to a county to replace lever voting 12 4 machines in use in the county in order to comply with Pub. L. 12 5 No. 107-252, the Help America Vote Act of 2002. 12 6 Sec. 27. Section 52.9, unnumbered paragraph 4, Code 2003, 12 7 is amended by striking the unnumbered paragraph. 12 8 Sec. 28. Section 52.10, Code 2003, is amended to read as 12 9 follows: 12 10 52.10 BALLOTS – FORM. 12 11 All ballots shall beprinted in black ink on clear, white12 12material, of such size as will fit the ballot frame, and12 13 presented in as plain, clear type as the space will reasonably 12 14 permit.The party name for each political party represented12 15on the machine shall be prefixed to the list of candidates of12 16such party. The order of the list of candidates of the12 17several parties or organizations shall be arranged as provided12 18in sections 49.30 to 49.42A, except that the lists may be12 19arranged in horizontal rows or vertical columns to meet the12 20physical requirements of the voting machine used.The 12 21 offices, candidates, judges, and public measures to be voted 12 22 upon, using the voting machine, shall be arranged as required 12 23 by chapters 43 and 49. 12 24 Sec. 29. Section 52.12, Code 2003, is amended to read as 12 25 follows: 12 26 52.12 EXCEPTION – STRAIGHT PARTY VOTING. 12 27 Voting machines shall have a singlelever or switchvoting 12 28 target which casts a vote for each candidate of a political 12 29 party or nonparty political organization which has nominated 12 30 candidates for more than one partisan office on the ballot. 12 31 Straight party voting shall be provided for all general 12 32 elections. 12 33 Sec. 30. Section 52.16, Code 2003, is amended to read as 12 34 follows: 12 35 52.16 DUTIES OF ELECTION OFFICERS– INDEPENDENT BALLOTS. 13 1 The election board of each precinct in which votes are to 13 2 be cast by machine shall meet at the precinct polling place, 13 3 at least one hour before the time set for the opening of the 13 4 polls at each election, and shall proceed to arrange the 13 5 furniture, stationery, and voting machine for the conduct of 13 6 the election. The board shall cause at leasttwo instruction13 7cardsfour sets of instructions to be posted conspicuously 13 8 within the polling place.If not previously done, they shall13 9arrange, in their proper place on the voting machine, the13 10ballots containing the names of the offices to be filled at13 11the election, and the names of the candidates nominated. If13 12not previously done, the machine shall be so arranged as to13 13show that no vote has been cast, and shall not be thereafter13 14operated, except by electors in voting.13 15 Before the polls are open for election, the board shall 13 16 carefully examine every machine and see that no vote has been 13 17 cast, and the machines are subject to inspection of the13 18election officers.If the voting machine is equipped to13 19produce a printed record showing the status of the counters,13 20this record shall be produced by the precinct election13 21officials immediatelyImmediately before the polls are open, 13 22 the precinct election officials shall print a report from each 13 23 machine showing that the counter is set at zero. The 13 24inspection sheetsreports from each machine used in the 13 25 election shall be available for examination throughout 13 26 election day. 13 27Ballots voted for any person whose name does not appear on13 28the machine as a nominated candidate for office, are referred13 29to in this section as independent ballots. When two or more13 30persons are to be elected to the same office, and the machine13 31requires that all independent ballots voted for that office be13 32deposited in a single receptacle or device, an elector may13 33vote in or by the receptacle or device for one or more persons13 34whose names do not appear upon the machine with or without the13 35names of one or more persons whose names do so appear. With14 1that exception, and except for presidential electors, no14 2independent ballot shall be voted for any person for any14 3office whose name appears on the machine as a nominated14 4candidate for that office; any independent ballot so voted14 5shall not be counted. An independent ballot must be cast in14 6its appropriate place on the machine, or it shall be void and14 7not counted.14 8 Sec. 31. Section 52.17, Code 2003, is amended to read as 14 9 follows: 14 10 52.17 VOTING MACHINE IN PLAIN VIEW. 14 11 The exterior of the voting machine and every part of the 14 12 polling place shall be in plain view of the election officers. 14 13 The voting machine shall be placed at leastthree feet from14 14every wall and partition of the polling place, and at least14 15 four feet from the precinct election officials' table. 14 16 Sec. 32. Section 52.20, Code 2003, is amended to read as 14 17 follows: 14 18 52.20 INJURY TO MACHINE. 14 19NoA voter, or other person, shall not deface or injure the 14 20 voting machine or the ballot thereon. It shall be the duty of 14 21 the precinct election officials to enforce the provisions of 14 22 this section. During the entire period of an election, at 14 23 least one oftheir numberthe officials, designated bythem14 24 the officials from time to time, shallbe stationed beside the14 25entrance to the booth and shall see that it is properly closed14 26after a voter has entered it to vote. The official shall14 27also, at such intervals as the official may deem proper or 14 28 necessary, examine the face of the machine to ascertain 14 29 whether it has been defaced or injured, to detect the 14 30 wrongdoer, and to repair any injury. If the official finds 14 31 that a person has left the voting booth without casting the 14 32 ballot, the official shall cast the ballot. 14 33 Sec. 33. Section 52.21, Code 2003, is amended by striking 14 34 the section and inserting in lieu thereof the following: 14 35 52.21 CANVASS OF VOTE – TALLY. 15 1 As soon as the polls of the election are closed, the 15 2 precinct election officials shall immediately lock the voting 15 3 machine against voting and, in the presence of all persons who 15 4 may be lawfully within the polling place, proceed to canvass 15 5 the vote. The officials shall print the results from each 15 6 machine, tally any write-in votes, and complete any canvass 15 7 documents prescribed for the voting machine by the state 15 8 commissioner. Write-in votes cast for a person whose name 15 9 appears on the ballot as a candidate for that office shall not 15 10 be counted. 15 11 Sec. 34. Section 52.23, unnumbered paragraph 2, Code 2003, 15 12 is amended to read as follows: 15 13 Theinspection sheetszero count report from each machine 15 14 used in the election and one copy of the printed results from 15 15 each machine shall be signed by all precinct election 15 16 officials and, with any paper or papers upon which write-in 15 17 votes were recorded by voters, shall be securely sealed in an 15 18 envelope marked with the name and date of the election, the 15 19 precinct, and the serial numbers of the machines from which 15 20 the enclosed results were removed. This envelope shall be 15 21 preserved, unopened, for twenty-two months following elections 15 22 for federal offices and for six months following elections for 15 23 all other offices unless a recount is requested pursuant to 15 24 section 50.48 or an election contest is pending. The envelope 15 25 shall be destroyed in the same manner as ballots pursuant to 15 26 section 50.13.Additional copiesAt least one additional copy 15 27 of the results, if any,shall be signed by the officials and 15 28 delivered to the commissioner with the other supplies from the 15 29 election pursuant to section 50.17. 15 30 Sec. 35. Section 52.25, unnumbered paragraph 2, Code 2003, 15 31 is amended to read as follows: 15 32 The entire convention question, amendment or public measure 15 33 shall be printed and displayed prominently in at least four 15 34 places within the voting precinct, and inside each voting 15 35 booth,or on the left-hand side inside the curtain of each16 1voting machine,the printing to be in conformity with the 16 2 provisions of chapter 49. The public measure shall be 16 3 summarized by the commissioner and in the largest type 16 4 possible printed on the special paper ballots orinserts used16 5 in the voting machines, except that: 16 6 Sec. 36. Section 53.16, Code 2003, is amended to read as 16 7 follows: 16 8 53.16 SUBSCRIBING TO AFFIDAVIT – REQUIRED IDENTIFICATION. 16 9 After marking the ballot, the voter shall make and 16 10 subscribe to the affidavit on the reverse side of the 16 11 envelope, and fold the ballot or ballots, separately, so as to 16 12 conceal the markings on them, and deposit them, and a 16 13 photocopy of the identification required in section 49.77, 16 14 subsection 3, in the envelope, and securely seal the envelope. 16 15 Sec. 37. Section 53.31, Code 2003, is amended by adding 16 16 the following new unnumbered paragraph: 16 17 NEW UNNUMBERED PARAGRAPH. If a voter votes an absentee 16 18 ballot by mail, or pursuant to section 53.10, 53.11, or 53.22, 16 19 and does not include a photocopy of the identification 16 20 required in section 49.77, subsection 3, the ballot returned 16 21 by the voter shall be considered a provisional ballot pursuant 16 22 to this section and section 49.81. 16 23 Sec. 38. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES. 16 24 The state commissioner of elections shall provide 16 25 information regarding voter registration procedures and 16 26 absentee ballot procedures to be used by members of the armed 16 27 forces of the United States. The state commissioner shall 16 28 accept valid voter registration applications and absentee 16 29 ballot applications and shall forward the applications to the 16 30 appropriate county commissioner of elections in a timely 16 31 manner. 16 32 Sec. 39. Section 53.40, unnumbered paragraph 1, Code 2003, 16 33 is amended to read as follows: 16 34 A request in writing for a ballot may be made by any member 16 35 of the armed forces of the United States who is or will be a 17 1 qualified voter on the day of the election at which the ballot 17 2 is to be cast, at any time before the election. Any member of 17 3 the armed forces of the United States may request ballots for 17 4 all elections to be heldwithin a calendar yearthrough the 17 5 next two general elections. The request may be made by using 17 6 the federal postcard application form and indicating that the 17 7 applicant wishes to receive ballots for all elections as 17 8 permitted by state law. The county commissioner shall send 17 9 the applicant a ballot for each election heldduring the17 10calendar year in whichafter the application is received and 17 11 through the next two general elections. The commissioner 17 12 shall forward a copy of the absentee ballot request to other 17 13 commissioners who are responsible under section 47.2, 17 14 subsection 2, for conducting elections in which the applicant 17 15 is eligible to vote. 17 16 Sec. 40. Section 53.53, Code 2003, is amended by adding 17 17 the following new unnumbered paragraphs: 17 18 NEW UNNUMBERED PARAGRAPH. A federal write-in ballot 17 19 received by the state commissioner of elections shall be 17 20 forwarded immediately to the appropriate county commissioner. 17 21 However, if the state commissioner receives a federal write-in 17 22 ballot after election day and before noon on the Monday 17 23 following an election, the state commissioner shall at once 17 24 verify that the voter has complied with the requirements of 17 25 this section and that the voter's federal write-in ballot is 17 26 eligible to be counted. If the ballot is eligible to be 17 27 counted, the state commissioner shall notify the appropriate 17 28 county commissioner and make arrangements for the ballot to be 17 29 transmitted to the county for counting. If the ballot is not 17 30 eligible to be counted, the state commissioner shall mail the 17 31 ballot to the appropriate commissioner along with notification 17 32 that the ballot is ineligible to be counted. The county 17 33 commissioner shall keep the ballot with the other records of 17 34 the election. 17 35 NEW UNNUMBERED PARAGRAPH. The county commissioner shall 18 1 notify a voter when the voter's federal write-in ballot was 18 2 not counted and shall give the voter the reason the ballot was 18 3 not counted. 18 4 Sec. 41. Sections 49.35, 52.11, 52.14, and 52.22, Code 18 5 2003, are repealed. 18 6 Sec. 42. EFFECTIVE DATES. 18 7 1. The sections of this Act enacting new Code section 18 8 48A.25A and amending Code sections 48A.26, 48A.36, 49.68, 18 9 49.70, 49.71, and that portion of section 52.16 relating to 18 10 voter instructions only, take effect January 1, 2004, or 18 11 January 1, 2006, if a waiver is granted pursuant to section 18 12 303(d) of Pub. L. No. 107-252. 18 13 2. The sections of this Act amending sections 52.1, 52.9, 18 14 52.10, 52.12, 52.16, 52.17, 52.20, 52.21, and 52.25, and the 18 15 sections of this Act repealing sections 52.11, 52.14, and 18 16 52.22, take effect January 1, 2004, or January 1, 2006, if a 18 17 waiver is granted pursuant to section 102(a) of Pub. L. No. 18 18 107-252. 18 19 3. The remainder of this Act, being deemed of immediate 18 20 importance, takes effect upon enactment. 18 21 DIVISION II 18 22 TRANSFER OF ELECTION AND VOTER REGISTRATION DUTIES 18 23 Sec. 43. Section 34A.6, subsection 3, Code 2003, is 18 24 amended to read as follows: 18 25 3. Thesecretary ofstate commissioner of elections, in 18 26 consultation with the administrator, shall adopt rules for the 18 27 conduct of joint E911 service referendums as required by and 18 28 consistent with subsections 1 and 2. 18 29 Sec. 44. Section 42.4, subsection 8, paragraph b, 18 30 subparagraph (1), subparagraph subdivision (b), unnumbered 18 31 paragraph 2, Code 2003, is amended to read as follows: 18 32 Thesecretary ofstate commissioner of elections shall 18 33 prescribe a form to be completed by all senators to declare 18 34 their residences as of February 1, 2002. The form shall be 18 35 filed with thesecretary ofstate commissioner of elections no 19 1 later than five p.m. on February 1, 2002. 19 2 Sec. 45. Section 42.4, subsection 8, paragraph b, 19 3 subparagraph (2), Code 2003, is amended to read as follows: 19 4 (2) Each even-numbered senatorial district to which 19 5 subparagraph (1) of this paragraph is not applicable shall 19 6 elect a senator in 2002 for a two-year term commencing in 19 7 January 2003. However, if more than one incumbent state 19 8 senator is residing in an even-numbered senatorial district on 19 9 February 1, 2002, and, on or before February 15, 2002, all but 19 10 one of the incumbent senators resigns from office effective no 19 11 later than January 1, 2003, the remaining incumbent senator 19 12 shall represent the district in the senate for the Eightieth 19 13 General Assembly. A copy of the resignation must be filed in 19 14 the office of thesecretary ofstate commissioner of elections 19 15 no later than five p.m. on February 15, 2002. 19 16 Sec. 46. Section 43.18, unnumbered paragraph 1, Code 2003, 19 17 is amended to read as follows: 19 18 Each candidate shall complete and file a signed, notarized 19 19 affidavit of candidacy. The affidavit shall be in the form 19 20 prescribed by thesecretary ofstate commissioner and shall 19 21 include the following information: 19 22 Sec. 47. Section 43.63, Code 2003, is amended to read as 19 23 follows: 19 24 43.63 CANVASS BY STATE BOARD. 19 25 Upon receipt of the abstracts of votes from the counties, 19 26 thesecretary ofstate commissioner shall immediately open the 19 27 envelopes and canvass the results for all offices. The 19 28secretary ofstate commissioner shall invite to attend the 19 29 canvass one representative from each political party which, at 19 30 the last preceding general election, cast for its candidate 19 31 for president of the United States or for governor, as the 19 32 case may be, at least two percent of the total vote cast for 19 33 all candidates for that office at that election, as determined 19 34 by thesecretary ofstate commissioner. Thesecretary of19 35 state commissioner shall notify the chairperson of each 20 1 political party of the time of the canvass. However, the 20 2 presence of a representative from a political party is not 20 3 necessary for the canvass to proceed. 20 4 Not later than the twenty-seventh day after the primary 20 5 election, thesecretary ofstate commissioner shall present to 20 6 the state board of canvassers abstracts showing the number of 20 7 ballots cast by each political party for each office and a 20 8 summary of the results for each office, showing the votes cast 20 9 in each county. The state board of canvassers shall review 20 10 the results compiled by thesecretary ofstate commissioner 20 11 and, if the results are accurately tabulated, the state board 20 12 shall approve the canvass. 20 13 Sec. 48. Section 43.67, unnumbered paragraphs 1 and 2, 20 14 Code 2003, are amended to read as follows: 20 15 Each candidate nominated pursuant to section 43.52 or 43.65 20 16 is entitled to have the candidate's name printed on the 20 17 official ballot to be voted at the general election without 20 18 other certificate unless the candidate was nominated by write- 20 19 in votes. Immediately after the completion of the canvass 20 20 held under section 43.49, the county auditor shall notify each 20 21 person who was nominated by write-in votes for a county or 20 22 township office that the person is required to file an 20 23 affidavit of candidacy if the person wishes to be a candidate 20 24 for that office at the general election. Immediately after 20 25 the completion of the canvass held under section 43.63, the 20 26secretary ofstate commissioner shall notify each person who 20 27 was nominated by write-in votes for a state or federal office 20 28 that the person is required to file an affidavit of candidacy 20 29 if the person wishes to be a candidate for that office at the 20 30 general election. If the affidavit is not filed by five p.m. 20 31 on the seventh day after the completion of the canvass, that 20 32 person's name shall not be placed upon the official general 20 33 election ballot. The affidavit shall be signed by the 20 34 candidate, notarized, and filed with the county auditor or the 20 35secretary ofstate commissioner, whichever is applicable. 21 1 The affidavit shall be in the form prescribed by the 21 2secretary ofstate commissioner. The affidavit shall include 21 3 the following information: 21 4 Sec. 49. Section 44.3, subsection 2, unnumbered paragraph 21 5 1, Code 2003, is amended to read as follows: 21 6 Each candidate nominated by the convention or caucus shall 21 7 complete and file a signed, notarized affidavit of candidacy. 21 8 The affidavit shall be in the form prescribed by thesecretary21 9ofstate commissioner. The affidavit shall include the 21 10 following information: 21 11 Sec. 50. Section 45.3, unnumbered paragraph 1, Code 2003, 21 12 is amended to read as follows: 21 13 Each candidate shall complete and file a signed, notarized 21 14 affidavit of candidacy. The affidavit shall be filed at the 21 15 same time as the nomination petition. The affidavit shall be 21 16 in the form prescribed by thesecretary ofstate commissioner 21 17 and shall include the following information: 21 18 Sec. 51. Section 47.1, unnumbered paragraphs 1 and 3, Code 21 19 2003, are amended to read as follows: 21 20 Thesecretary of stateexecutive director of the Iowa 21 21 elections, ethics, and campaign disclosure board established 21 22 in section 68B.32 is designated as the state commissioner of 21 23 elections and shall supervise the activities of the county 21 24 commissioners of elections. There is established within the 21 25 office of thesecretary of stateIowa elections, ethics, and 21 26 campaign disclosure board a division of elections which shall 21 27 be under the direction of the state commissioner of elections. 21 28 The state commissioner of elections may appoint a person to be 21 29 in charge of the division of elections who shall perform the 21 30 duties assigned by the state commissioner of elections. The 21 31 state commissioner of elections shall prescribe uniform 21 32 election practices and procedures, shall prescribe the 21 33 necessary forms required for the conduct of elections, shall 21 34 assign a number to each proposed constitutional amendment and 21 35 statewide public measure for identification purposes, and 22 1 shall adopt rules, pursuant to chapter 17A, to carry out this 22 2 section. 22 3 Thesecretary of stateexecutive director of the Iowa 22 4 elections, ethics, and campaign disclosure board is designated 22 5 the chief state election official and is responsible for 22 6 coordination of state responsibilities under the federal 22 7 National Voter Registration Act of 1993. 22 8 Sec. 52. Section 48A.19, subsection 3, Code 2003, is 22 9 amended to read as follows: 22 10 3. The voter registration agency shall provide voter 22 11 registration services with each application for services or 22 12 assistance and with each recertification, renewal, or change 22 13 of address form completed relating to the agency's services. 22 14 Thesecretary ofstate registrar of voters shall adopt 22 15 administrative rules in cooperation with voter registration 22 16 agencies to carry out the requirements of this section. 22 17 Sec. 53. Section 48A.22, Code 2003, is amended to read as 22 18 follows: 22 19 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS. 22 20 Thesecretary ofstate registrar of voters shall encourage 22 21 volunteer organizations to undertake voter registration drives 22 22 by providing registration forms. 22 23 Sec. 54. Section 49.67, unnumbered paragraph 2, Code 2003, 22 24 is amended to read as follows: 22 25 If necessary, the commissioner or the commissioner's 22 26 designee may make photocopies of official ballots to replace 22 27 or replenish ballot supplies. The commissioner shall keep a 22 28 record of the number of photocopied ballots made for each 22 29 precinct, the name of the person who made the photocopies, and 22 30 the date, time, and location at which the photocopies were 22 31 made. These records shall be made on forms and following 22 32 procedures prescribed by thesecretary ofstate commissioner 22 33 by administrative rule. 22 34 Sec. 55. Section 49.104, subsection 7, Code 2003, is 22 35 amended to read as follows: 23 1 7. Any person authorized by the commissioner, in 23 2 consultation with thesecretary ofstate commissioner, for the 23 3 purposes of conducting and attending educational voting 23 4 programs for youth. 23 5 Sec. 56. Section 49A.8, Code 2003, is amended to read as 23 6 follows: 23 7 49A.8 CANVASS – DECLARATION OF RESULT – RECORD. 23 8 The judges of election, county boards of canvassers, and 23 9 other election officials shall canvass the vote on any 23 10 constitutional amendment or public measure, and make return 23 11 thereof, in the same manner as required by law for the canvass 23 12 and return of the vote for public officers. The board of 23 13 state canvassers shall canvass such returns, declare the 23 14 result, and enter the same of record, immediately following 23 15 and in connection with the proofs of publication of such 23 16 amendment or measure, in the book kept for that purpose by the 23 17secretary ofstate commissioner of elections. 23 18 Upon completion of the canvass, thesecretary ofstate 23 19 commissioner of elections shall certify to the Iowa Code 23 20 editor the results of the election. 23 21 Sec. 57. Section 50.36, Code 2003, is amended to read as 23 22 follows: 23 23 50.36 ENVELOPES CONTAINING OTHER ABSTRACTS – CANVASS. 23 24 Thesecretary ofstate commissioner, upon receipt of the 23 25 envelopes containing the abstracts of votes, shall open and 23 26 canvass the abstracts for all offices except governor and 23 27 lieutenant governor. 23 28 Thesecretary ofstate commissioner shall invite to attend 23 29 the canvass one representative from each political party 23 30 which, at the last preceding general election, cast for its 23 31 candidate for president of the United States or for governor, 23 32 as the case may be, at least two percent of the total vote 23 33 cast for all candidates for that office at that election, as 23 34 determined by thesecretary ofstate commissioner. The 23 35secretary ofstate commissioner shall notify the chairperson 24 1 of each political party of the time of the canvass. However, 24 2 the presence of a representative from a political party is not 24 3 necessary for the canvass to proceed. 24 4 Sec. 58. Section 50.37, Code 2003, is amended to read as 24 5 follows: 24 6 50.37 STATE CANVASSING BOARD. 24 7 The executive council shall constitute a board of 24 8 canvassers of all abstracts of votes required to be filed with 24 9 the state commissioner, except for the offices of governor and 24 10 lieutenant governor. Any clerical error found by the 24 11secretary ofstate commissioner or state board of canvassers 24 12 shall be corrected by the county commissioner in a letter 24 13 addressed to the state board of canvassers. 24 14 Sec. 59. Section 50.38, Code 2003, is amended to read as 24 15 follows: 24 16 50.38 TIME OF STATE CANVASS. 24 17 Not later than twenty-seven days after the day of the 24 18 election, thesecretary ofstate commissioner shall present to 24 19 the board of state canvassers abstracts of votes cast at the 24 20 election showing the number of ballots cast for each office 24 21 and a summary of the results for each office, showing the 24 22 votes cast in each county. The state board of canvassers 24 23 shall review the results compiled by thesecretary ofstate 24 24 commissioner and, if the results are accurately tabulated, the 24 25 state board shall approve the canvass. 24 26 Sec. 60. Section 54.5, unnumbered paragraph 5, Code 2003, 24 27 is amended to read as follows: 24 28 If a candidate for the office of president or vice 24 29 president of the United States withdraws, dies, or is 24 30 otherwise removed from the ballot before the general election, 24 31 another candidate may be substituted. The substitution shall 24 32 be made by the state central committee of the political party 24 33 or by the governing committee of the national party. If there 24 34 are differences, the substitution made by the state central 24 35 committee shall prevail. A nonparty political organization 25 1 which has filed the names of party officers and central 25 2 committee members with thesecretary ofstate commissioner of 25 3 elections before the close of the filing period for the 25 4 general election pursuant to section 44.17 may also make 25 5 substitutions. A substitution must be filed no later than 25 6 seventy-four days before the election. 25 7 Sec. 61. Section 56.5, subsection 4, Code 2003, is amended 25 8 to read as follows: 25 9 4. A list, by office and district, of all candidates who 25 10 have filed an affidavit of candidacy in the office of the 25 11secretary ofstate commissioner shall be prepared by the 25 12secretary ofstate commissioner and delivered to the board not 25 13 more than ten days after the last day for filing nomination 25 14 papers. 25 15 Sec. 62. Section 59.1, unnumbered paragraphs 2 and 3, Code 25 16 2003, are amended to read as follows: 25 17 A copy of the statement of notice of contest shall be filed 25 18 with thesecretary ofstate commissioner of elections within 25 19 five days of service of the notice upon the incumbent. The 25 20secretary ofstate commissioner of elections shall notify the 25 21 presiding officer of the house in which the contest will be 25 22 tried. 25 23 A special election for a seat in either house of the 25 24 general assembly may be contested. The contestant shall serve 25 25 notice on the incumbent in the manner described in this 25 26 section not later than twenty days after the state canvass of 25 27 votes for the election. A copy of the notice shall also be 25 28 filed with the presiding officer of the house in which the 25 29 contest is to be tried, if the general assembly is in session. 25 30 If the general assembly is not in session, a copy of the 25 31 notice shall be filed with thesecretary ofstate commissioner 25 32 of elections. Thesecretary ofstate commissioner of 25 33 elections shall notify the presiding officer of the house in 25 34 which the contest will be tried. 25 35 Sec. 63. Section 59.4, Code 2003, is amended to read as 26 1 follows: 26 2 59.4 RETURN OF DEPOSITIONS. 26 3 A copy of the statement, and of the notice for taking 26 4 depositions, with the service endorsed, and verified by 26 5 affidavit if not served by an officer, shall be returned to 26 6 the officer taking the depositions, and then, with the 26 7 depositions, shall be sealed up and transmitted to the 26 8secretary ofstate commissioner of elections, with an 26 9 endorsement thereon showing the nature of the papers, the 26 10 names of the contesting parties, and the branch of the general 26 11 assembly before whom the contest is to be tried. 26 12 Sec. 64. Section 59.7, Code 2003, is amended to read as 26 13 follows: 26 14 59.7 NOTICE OF RESULT. 26 15 The presiding officer of the house in which the contest was 26 16 tried shall certify to thesecretary ofstate commissioner of 26 17 elections the results of the contest. 26 18 Sec. 65. Section 60.2, Code 2003, is amended to read as 26 19 follows: 26 20 60.2 CLERK. 26 21 Thesecretary ofstate commissioner of elections shall be 26 22 the clerk of the court, or, in thesecretary of state'sstate 26 23 commissioner's absence or inability to act, the clerk of the 26 24 supreme court. 26 25 Sec. 66. Section 60.3, Code 2003, is amended to read as 26 26 follows: 26 27 60.3 OATH. 26 28 Each member of the court, before entering upon the 26 29 discharge of the member's duties, shall take an oath before 26 30 thesecretary ofstate commissioner of elections, or some 26 31 officer qualified to administer oaths, that the member will 26 32 support the Constitution of the United States and that of the 26 33 state of Iowa, and that, without fear, favor, affection, or 26 34 hope of reward, the member will, to the best of the member's 26 35 knowledge and ability, administer justice according to law and 27 1 the facts in the case. 27 2 Sec. 67. Section 60.4, Code 2003, is amended to read as 27 3 follows: 27 4 60.4 STATEMENT. 27 5 The contestant shall file the statement provided for in 27 6 chapter 62 in the office of thesecretary ofstate 27 7 commissioner of elections within two days from the day on 27 8 which the returns are canvassed by the state board of 27 9 canvassers and, within the same time, serve a copy of the 27 10 same, with a notice of the contest, on the incumbent in the 27 11 manner provided by the rules of civil procedure for service of 27 12 an original notice. 27 13 Sec. 68. Section 60.6, Code 2003, is amended to read as 27 14 follows: 27 15 60.6 JUDGMENT. 27 16 The judgment of the court shall determine which of the 27 17 parties to the action is entitled to hold the office and shall 27 18 be authenticated by the presiding judge and clerk of the court 27 19 and filed with thesecretary ofstate commissioner of 27 20 elections; and the judgment so rendered shall constitute a 27 21 final determination of the title to the office, and a 27 22 certificate of appointment shall be issued to the successful 27 23 party. 27 24 Sec. 69. Section 61.2, Code 2003, is amended to read as 27 25 follows: 27 26 61.2 CLERK. 27 27 Thesecretary ofstate commissioner of elections shall be 27 28 the clerk of this court; but if the person holding that office 27 29 is a party to the contest, the clerk of the supreme court, or, 27 30 in case of that person's absence or inability, the auditor of 27 31 state shall be clerk. 27 32 Sec. 70. Section 61.11, Code 2003, is amended to read as 27 33 follows: 27 34 61.11 SUBPOENAS – DEPOSITIONS. 27 35 Thesecretary ofstate commissioner of elections, the 28 1 several clerks of the supreme and district courts, under their 28 2 respective seals of office, and either of the judges of the 28 3 supreme or district courts, under their hands, may issue 28 4 subpoenas for witnesses to attend this court; and disobedience 28 5 to such process may be treated as a contempt. Depositions may 28 6 also be taken as in the case of contested county elections. 28 7 Sec. 71. Section 68B.2, subsection 3, Code 2003, is 28 8 amended to read as follows: 28 9 3. "Board" means the Iowa elections, ethics, and campaign 28 10 disclosure board. 28 11 Sec. 72. Section 68B.32A, Code 2003, is amended by adding 28 12 the following new subsection: 28 13 NEW SUBSECTION. 15. Perform all duties as required and 28 14 directed by the state commissioner of elections as defined in 28 15 section 47.7. 28 16 Sec. 73. Section 331.510, subsection 2, Code 2003, is 28 17 amended to read as follows: 28 18 2. A report to thesecretary ofstate commissioner of 28 19 elections of the name, office, and term of office of each 28 20 appointed or elected county officer within ten days of the 28 21 officer's election or appointment and qualification. 28 22 Sec. 74. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVE TO 28 23 CODE EDITOR. The Iowa Code editor is directed to strike the 28 24 words "ethics and campaign disclosure board" and insert the 28 25 words "elections, ethics, and campaign disclosure board" 28 26 wherever the words "ethics and campaign disclosure board" 28 27 appear in the Iowa Code, in any bills awaiting codification, 28 28 and in any bills enacted by the Eightieth General Assembly, 28 29 2003 Regular Session, unless a contrary intent is clearly 28 30 evident. 28 31 DIVISION III 28 32 ABSENTEE VOTING 28 33 Sec. 75. Section 53.2, unnumbered paragraph 1, Code 2003, 28 34 is amended to read as follows: 28 35 Any registered voter, under the circumstances specified in 29 1 section 53.1, mayon any day,except election day, andnot 29 2 more thanseventyforty-five days prior to the date of the 29 3 election, apply in person for an absentee ballot at the 29 4 commissioner's office or at any location designated by the 29 5 commissioner, or make written application to the commissioner 29 6 for an absentee ballot. Absentee ballot applications may only 29 7 be distributed by the commissioner's office. Absentee ballot 29 8 applications shall be distributed by the commissioner not more 29 9 than forty-five days and not less than seven days before the 29 10 election. 29 11 PARAGRAPH DIVIDED. The state commissioner shall prescribe 29 12 a form for absentee ballot applications.However, if a29 13registered voter submits an application that includes all of29 14the information required in this section, the prescribed form29 15is not required.The application shall include a statement 29 16 that if the absentee ballot is not voted in person at the 29 17 commissioner's office or at a satellite absentee voting 29 18 station, the absentee ballot will be mailed to the voter not 29 19 less than seven days before the election. Absentee ballot 29 20 applications may include instructions to send the application 29 21 directly to the county commissioner of elections. However, no 29 22 absentee ballot application shall be preaddressed or printed 29 23 with instructions to send the applications to anyone other 29 24 than the appropriate commissioner. An individual requesting 29 25 more than one absentee ballot application may only request a 29 26 number of applications equal to the number of registered 29 27 voters in the individual's household. 29 28 Sec. 76. Section 53.8, subsection 1, Code 2003, is amended 29 29 to read as follows: 29 30 1. Upon receipt of an application for an absentee ballot 29 31 and immediately after the absentee ballots are printed and not 29 32 less than seven days before the election, the commissioner 29 33 shall mail an absentee ballot to the applicantwithin twenty-29 34four hours, except as otherwise provided in subsection 3. The 29 35 absentee ballot shall be enclosed in an unsealed envelope 30 1 bearing a serial number and affidavit. The absentee ballot 30 2 and unsealed envelope shall be enclosed in or with a carrier 30 3 envelope marked postage paid which bears the same serial 30 4 number as the unsealed envelope. The absentee ballot, 30 5 unsealed envelope, and carrier envelope shall be enclosed in a 30 6 third envelope to be sent to the registered voter. If the 30 7 ballot cannot be folded so that all of the votes cast on the 30 8 ballot will be hidden, the commissioner shall also enclose a 30 9 secrecy envelope with the absentee ballot. 30 10 Sec. 77. Section 53.8, subsection 2, Code 2003, is amended 30 11 to read as follows: 30 12 2. If an application is received so late that it is 30 13 unlikely that the absentee ballot can be returned in time to 30 14 be counted on election day, the commissioner shall enclose 30 15 with the absentee ballot a statement to that effect. The 30 16 statement shall also point out that it is possible for the 30 17 applicant, or the applicant's designee if the absentee ballot 30 18 is voted by a voter described in section 53.22, subsection 5, 30 19 to personally deliver the completed absentee ballot to the 30 20 office of the commissioner at any time before the closing of 30 21 the polls on election day. 30 22 Sec. 78. Section 53.17, subsection 1, Code 2003, is 30 23 amended to read as follows: 30 24 1. The sealed carrier envelope may be delivered by the 30 25 registered voter, or the voter's designee if the absentee 30 26 ballot is voted by a voter described in section 53.22, to the 30 27 commissioner's office no later than the time the polls are 30 28 closed on election day. 30 29 Sec. 79. Section 53.17, subsection 2, Code 2003, is 30 30 amended to read as follows: 30 31 2. The sealed carrier envelope may be mailed to the 30 32 commissioner.The carrier envelope shall indicate that30 33greater postage than ordinary first class mail may be30 34required. The commissioner shall pay any insufficient postage30 35due on a carrier envelope bearing ordinary first class postage31 1and accept the ballot.31 2 EXPLANATION 31 3 This bill makes changes to the law relating to elections 31 4 and voter registration. Division I of the bill contains Iowa 31 5 Code changes which, unless otherwise noted, are necessary to 31 6 comply with requirements of Public Law No. 107-252, the 31 7 federal Help America Vote Act of 2002. Division II of the 31 8 bill transfers duties relating to the conduct of elections and 31 9 voter registration from the office of secretary of state to 31 10 the Iowa ethics and campaign disclosure board. Division III 31 11 makes changes to the law relating to absentee voting. 31 12 DIVISION I – Code section 47.1 is amended to require the 31 13 state commissioner of elections (secretary of state) to adopt, 31 14 by rule, administrative complaint procedures for resolution of 31 15 grievances relating to violations of those provisions of the 31 16 Help America Vote Act relating to uniform and 31 17 nondiscriminatory election technology and administration 31 18 requirements. 31 19 Code section 47.7 is amended to require the state registrar 31 20 of voters (secretary of state), on or before January 1, 2004, 31 21 or on or before January 1, 2006, if a federal waiver is 31 22 granted, to implement a centralized, computerized statewide 31 23 voter registration system. The statewide system must be 31 24 interactive with other agency computer databases in the state. 31 25 Code section 48A.36 is amended to conform to this requirement. 31 26 Code section 48A.11, relating to information required when 31 27 registering to vote, is amended to require that the first name 31 28 and any family forename or surname be included when providing 31 29 the registrant's name. That section is also amended to 31 30 require that the registrant provide the registrant's Iowa 31 31 driver's license number or, if not available, the last four 31 32 numerals of the registrant's social security number. If the 31 33 registrant does not have either an Iowa driver's license or 31 34 social security number, the registrar is to assign the 31 35 registrant an identification number for voter registration 32 1 purposes. Code section 48A.11 is amended to specify that the 32 2 requirement for the registrant's date of birth includes the 32 3 month, date, and year of birth. The section is amended to 32 4 require that the voter registration form ask the registrant if 32 5 the registrant is a citizen of the United States and if the 32 6 registrant will be 18 years old on or before election day. 32 7 The form shall contain a statement that if the registrant 32 8 answered "no" to either of those questions, the registrant is 32 9 not to complete the registration form. Code section 48A.11 is 32 10 also amended to add a new subsection providing that if certain 32 11 required information is not provided on the registration form, 32 12 the form shall not be processed and the registrar shall mail 32 13 an acknowledgment to the registrant notifying the registrant 32 14 that the registration could not be processed. 32 15 The amendments to Code section 48A.11, relating to 32 16 political party affiliation on the voter registration form, 32 17 and striking the requirement that the state voter registration 32 18 commission prescribe voter registration forms by rule, are not 32 19 required by the Help America Vote Act. 32 20 New Code section 48A.25A requires the state registrar of 32 21 voters to verify the registrant's driver's license number or 32 22 the last four digits of the registrant's social security 32 23 number. If either number provided cannot be verified, the 32 24 state registrar shall reject the registration application and 32 25 the registrant shall be notified. If the information can be 32 26 verified, the registrar is to make a record of the source used 32 27 for verification. 32 28 Code section 48A.26, is amended to provide that if a voter 32 29 registration form lacking required information is received 32 30 during the 12 days before the close of registration, the 32 31 commissioner shall provide the registrant with an opportunity 32 32 to complete the form before the close of registration. 32 33 Code section 48A.28 is amended to change the time period 32 34 from four consecutive calendar years to two or more 32 35 consecutive general elections under which a commissioner 33 1 participating in the national change of address program is to 33 2 notify a registered voter if the voter has not voted after 33 3 registering or if the voter has not responded to a prior 33 4 notice mailed by the commissioner. 33 5 Code section 48A.38 is amended to require that a voter's 33 6 driver's license number be removed from a voter registration 33 7 list prepared at the request of any person. Current law 33 8 requires that the voter's social security number be removed. 33 9 Code section 49.68 is amended to require the state 33 10 commissioner to prepare two separate sets of instructions to 33 11 voters, rather than the current one. A second set is required 33 12 which is to contain instructions on the manner of marking 33 13 ballots only. The other set, which is to be known as the Iowa 33 14 voter bill of rights, is to contain instructions required by 33 15 current Code plus instructions on casting a provisional 33 16 ballot, instructions for first-time voters who registered by 33 17 mail, the appropriate official to contact if the voter 33 18 believes the voter's rights relating to voting have been 33 19 violated, polling place hours and the date of the election, 33 20 and information on federal and state laws which prohibit fraud 33 21 and misrepresentation related to voting. Code sections 49.70, 33 22 49.71, and 52.16 are amended to conform to the new requirement 33 23 that two separate sets of instructions be prepared. 33 24 Code section 49.73 is amended to change the time for 33 25 closing precinct polling places from 9 p.m. to 8 p.m. for all 33 26 elections. This change is not a requirement of the Help 33 27 America Vote Act. 33 28 Code section 49.77 is amended to require that all voters 33 29 show identification at the polls before being allowed to cast 33 30 a ballot. If a voter is confirmed to be a registered voter of 33 31 the precinct, but does not have the required identification, 33 32 the voter is allowed to cast a provisional ballot. The 33 33 identification required must be a current and valid photo 33 34 identification card or must be one of the following documents 33 35 showing the voter's name and current address: 34 1 1. Utility bill. 34 2 2. Bank statement. 34 3 3. Government check. 34 4 4. Other government document. 34 5 The Help America Vote Act requires that persons who register 34 6 to vote by mail must show proof of identification when voting 34 7 for the first time after registering. 34 8 Code sections 49.81, 50.20, and 50.21 are amended to change 34 9 the term "special ballot" to "provisional ballot" which is the 34 10 term used in the Help America Vote Act for a ballot cast by a 34 11 challenged voter. Code section 49.81 is also amended to 34 12 provide that when a challenged voter's ballot is not counted 34 13 the commissioner, when notifying the voter, shall notify the 34 14 voter by mail and shall inform the voter why the ballot was 34 15 not counted. 34 16 Code section 52.1 is amended to remove lever voting 34 17 machines as an acceptable voting machine in Iowa. Code 34 18 sections 49.44, 52.9, 52.10, 52.12, 52.16, 52.17, 52.20, 34 19 52.21, and 52.25 are amended to conform to this change. Code 34 20 sections 49.35, 52.11, 52.14, and 52.22 are repealed to 34 21 conform to this change. The amendments to these Code sections 34 22 take effect January 1, 2004, unless a waiver is granted by the 34 23 federal government pursuant to the Help America Vote Act. 34 24 Code section 52.2 is amended to provide that the state 34 25 commissioner may provide voting equipment to a county that is 34 26 required to replace its lever voting machines with a different 34 27 type of voting machine or voting system. 34 28 Code section 52.16 is amended to require the election 34 29 officials to print a report showing that the voter machine 34 30 counter is set at zero immediately before the polls open to 34 31 voters. 34 32 Code section 52.20 is amended to provide that if a voter 34 33 leaves the voting booth without having cast the ballot the 34 34 voter voted, the precinct election official shall cast the 34 35 ballot. 35 1 Code section 52.21 is amended to provide that write-in 35 2 votes cast for a person whose name appears on the ballot as a 35 3 candidate for that office shall not be counted. 35 4 Code section 52.23 is amended to require that at least one 35 5 additional copy of the printed canvass results from each 35 6 voting machine shall be signed by the precinct election 35 7 officials and delivered to the county commissioner. 35 8 Currently, more than one additional copy is required to be 35 9 delivered to the commissioner. 35 10 Code section 53.16 is amended to include the requirement 35 11 that a photocopy of identification required when voting in 35 12 person must be included with a voted absentee ballot. Code 35 13 section 53.31 is amended to provide that if required 35 14 identification is not included with the absentee ballot, the 35 15 ballot will be considered a provisional ballot. 35 16 New Code section 53.37A requires the state commissioner of 35 17 elections to provide information to members of the armed 35 18 forces of the United States on voter registration and absentee 35 19 ballot procedures. The section also requires the state 35 20 commissioner to accept voter registration applications and 35 21 absentee ballot applications from members of the armed forces 35 22 and to forward the applications to the appropriate county 35 23 commissioner of elections. 35 24 Code section 53.40 is amended to extend the time period 35 25 during which a commissioner is to mail absentee ballots to a 35 26 member of the armed forces after receiving the member's 35 27 initial application for an absentee ballot. The time period 35 28 is extended from one calendar year after receipt of the 35 29 application to the next two general elections after receipt of 35 30 the application. 35 31 Code section 53.53 is amended to provide that when the 35 32 state commissioner receives a federal write-in ballot, the 35 33 commissioner is to immediately forward it to the appropriate 35 34 county commissioner of elections. If the ballot is received 35 35 after election day but before noon on the Monday following the 36 1 election, the state commissioner, rather than the county 36 2 commissioner, is to verify that the ballot is eligible to be 36 3 counted and shall notify the appropriate county commissioner 36 4 and transmit the ballot. If the ballot is not to be counted, 36 5 the county commissioner is required to notify the voter and 36 6 give the reason why the ballot was not counted. 36 7 The sections of the division enacting new Code section 36 8 48A.25 and amending Code sections 48A.26, 48A.36, 49.68, 36 9 49.70, and 49.71, and that portion of section 52.16 relating 36 10 to voter instructions only, take effect January 1, 2004, or 36 11 January 1, 2006, if a waiver is granted pursuant to the 36 12 federal law. The remainder of the division takes effect upon 36 13 enactment. 36 14 DIVISION II – Division II of the bill transfers duties 36 15 relating to conduct of elections and voter registration from 36 16 the office of secretary of state to the Iowa ethics and 36 17 campaign disclosure board. The ethics and campaign disclosure 36 18 board is renamed the elections, ethics, and campaign 36 19 disclosure board. Other related changes are provided to 36 20 transfer election-related duties from the secretary of state 36 21 to the state commissioner of elections. 36 22 DIVISION III – Division III of the bill makes changes 36 23 relating to absentee voting procedures, including request and 36 24 delivery of absentee ballot applications, delivery of absentee 36 25 ballots to the voter, and delivery of completed absentee 36 26 ballots to the county commissioner of elections. 36 27 The bill provides that an absentee ballot application may 36 28 be requested no more than 45 days and no less than seven days 36 29 before the election, rather than the current 70 days before 36 30 the election. The bill also provides that absentee ballot 36 31 applications may only be distributed by the county 36 32 commissioner's office. The bill strikes the provision that 36 33 allowed a voter to submit an application other than the 36 34 absentee ballot application prepared by the state commissioner 36 35 of elections if the voter's application contained certain 37 1 required information. The bill provides that an individual 37 2 requesting more than one absentee ballot application may only 37 3 request a number of applications equal to the number of 37 4 registered voters in the individual's household. The bill 37 5 also provides that the commissioner shall mail an absentee 37 6 ballot to a voter no less than seven days before the election. 37 7 The bill provides that a sealed carrier envelope containing 37 8 an absentee ballot may only be delivered to the county 37 9 commissioner's office by the registered voter who completed 37 10 the ballot or by the voter's designee if the voter is a 37 11 confined person described in Code section 53.22. 37 12 The bill provides that the carrier envelope delivered to 37 13 the voter along with the absentee ballot and secrecy envelope 37 14 shall be marked postage paid. 37 15 LSB 2590SV 80 37 16 sc/cl/14
Text: SF00369 Text: SF00371 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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