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PAG LIN 1 1 SENATE FILE 2269 1 2 1 3 AN ACT 1 4 RELATING TO ELECTIONS AND VOTER REGISTRATION, INCLUDING 1 5 IMPLEMENTING REQUIREMENTS OF FEDERAL LAW, ADJUSTING 1 6 LANGUAGE TO REFLECT CURRENT PRACTICE, MAKING CHANGES 1 7 RELATED TO VOTING MACHINES, MAKING CHANGES RELATED TO 1 8 ABSENTEE VOTING, PROVIDING PENALTIES, AND PROVIDING 1 9 EFFECTIVE AND APPLICABILITY DATES. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 39A.4, subsection 1, paragraph c, Code 1 14 2003, is amended by adding the following new subparagraphs: 1 15 NEW SUBPARAGRAPH. (11) Returning a voted absentee ballot, 1 16 by mail or in person, to the commissioner's office and the 1 17 person returning the ballot is not the voter, an absentee 1 18 ballot courier, a special precinct election official 1 19 designated pursuant to section 53.22, subsection 1, or the 1 20 designee of a voter described in section 53.22, subsection 5. 1 21 NEW SUBPARAGRAPH. (12) Making a false or untrue statement 1 22 reporting that a voted absentee ballot was returned to the 1 23 commissioner's office, by mail or in person, by a person other 1 24 than the voter, an absentee ballot courier, a special precinct 1 25 election official designated pursuant to section 53.22, 1 26 subsection 1, or the designee of a voter described in section 1 27 53.22, subsection 5. 1 28 Sec. 2. Section 46.21, unnumbered paragraph 1, Code 2003, 1 29 is amended to read as follows: 1 30 At least sixty-nine days before each judicial election, the 1 31 state commissioner of elections shall certify to the county 1 32 commissioner of elections of each county a list of the judges 1 33 of the supreme court, court of appeals, and district court 1 34 including district associate judges, full-time associate 1 35 juvenile judges, and full-time associate probate judges, and 2 1 clerks of the district court to be voted on in each county at 2 2 that election. The county commissioner of elections shall 2 3 place the names upon the ballot in the order in which they 2 4 appear in the certificate, unless only one county is voting2 5thereon. The state commissioner of elections shall rotate the 2 6 names in the certificate by county, or the county commissioner2 7of elections shall rotate them upon the ballot by precinct if2 8only one county is voting thereon. The names of all judges 2 9 and clerks to be voted on shall be placed upon one ballot, 2 10 which shall be in substantially the following form: 2 11 Sec. 3. Section 47.1, Code Supplement 2003, is amended by 2 12 adding the following new unnumbered paragraph: 2 13 NEW UNNUMBERED PARAGRAPH. The state commissioner shall 2 14 adopt rules pursuant to chapter 17A, for the implementation of 2 15 uniform and nondiscriminatory administrative complaint 2 16 procedures for resolution of grievances relating to violations 2 17 of Title III of Pub. L. No. 107-252. In complaint proceedings 2 18 in which all of the respondents are local election officials, 2 19 the presiding officer shall be the state commissioner of 2 20 elections. In complaint proceedings in which one of the 2 21 respondents is the state commissioner of elections, the 2 22 presiding officer shall be a panel consisting of all members 2 23 of the state voter registration commission appointed pursuant 2 24 to section 47.8, except the state commissioner of elections or 2 25 the state commissioner's designee. 2 26 Sec. 4. Section 47.7, subsections 2, 3, and 4, Code 2 27 Supplement 2003, are amended by striking the subsections and 2 28 inserting in lieu thereof the following: 2 29 2. a. On or before January 1, 2006, the state registrar 2 30 of voters shall implement in a uniform and nondiscriminatory 2 31 manner, a single, uniform, official, centralized, interactive 2 32 computerized statewide voter registration file defined, 2 33 maintained, and administered at the state level that contains 2 34 the name and registration information of every legally 2 35 registered voter in the state and assigns a unique identifier 3 1 to each legally registered voter in the state. The state 3 2 voter registration system shall be coordinated with other 3 3 agency databases within the state, including, but not limited 3 4 to, the department of transportation driver's license records, 3 5 judicial records of convicted felons and persons declared 3 6 incompetent to vote, and department of public health records 3 7 of deceased persons. 3 8 b. On or after January 1, 2006, a county shall not 3 9 establish or maintain a voter registration system separate 3 10 from the state voter registration system. Each county shall 3 11 provide to the state registrar the names, voter registration 3 12 information, and voting history of each registered voter in 3 13 the county in the form required by the state registrar. 3 14 c. A state or local election official may obtain immediate 3 15 electronic access to the information contained in the 3 16 computerized voter registration file. All voter registration 3 17 information obtained by a local election official shall be 3 18 electronically entered into the computerized voter 3 19 registration file on an expedited basis at the time the 3 20 information is provided to the local election official. The 3 21 state registrar shall provide such support as may be required 3 22 to enable local election officials to electronically enter the 3 23 information into the computerized voter registration file on 3 24 an expedited basis. The list generated from the computerized 3 25 file shall serve as the official voter registration list for 3 26 the conduct of all elections for federal office in the state. 3 27 d. The state registrar shall prescribe by rule the 3 28 procedures for access to the state voter registration file, 3 29 security requirements, and access protocols for adding, 3 30 changing, or deleting information from the state voter 3 31 registration file. 3 32 Sec. 5. Section 47.8, Code Supplement 2003, is amended by 3 33 adding the following new subsection: 3 34 NEW SUBSECTION. 5. In complaint proceedings held pursuant 3 35 to section 47.1 in which one of the respondents is the state 4 1 commissioner of elections, the presiding officer shall be a 4 2 panel consisting of all members of the state voter 4 3 registration commission, except the state commissioner of 4 4 elections or the state commissioner's designee. 4 5 Sec. 6. Section 48A.8, Code 2003, is amended to read as 4 6 follows: 4 7 48A.8 REGISTRATION BY MAIL. 4 8 1. An eligible elector may register to vote by completing 4 9 a mail registration form. The form may be mailed or delivered 4 10 by the registrant or the registrant's designee to the 4 11 commissioner in the county where the person resides. A 4 12 separate registration form shall be signed by each individual 4 13 registrant. 4 14 2. An eligible elector who registers by mail and who has 4 15 not previously voted in an election for federal office in the 4 16 county of registration shall be required to provide 4 17 identification documents when voting for the first time in the 4 18 county, unless the registrant provided on the registration 4 19 form the registrant's Iowa driver's license number, or the 4 20 registrant's Iowa nonoperator's identification card number, or 4 21 the last four numerals of the registrant's social security 4 22 number and the driver's license, nonoperator's identification, 4 23 or partial social security number matches an existing state or 4 24 federal identification record with the same number, name, and 4 25 date of birth. If the registrant under this subsection votes 4 26 in person at the polls, or by absentee ballot at the 4 27 commissioner's office or at a satellite voting station, the 4 28 registrant shall provide a current and valid photo 4 29 identification card, or shall present to the appropriate 4 30 election official one of the following current documents that 4 31 shows the name and address of the registrant: 4 32 a. Utility bill. 4 33 b. Bank statement. 4 34 c. Paycheck. 4 35 d. Government check. 5 1 e. Other government document. 5 2 3. If the registrant under subsection 2 votes an absentee 5 3 ballot by mail, the registrant shall provide a photocopy of 5 4 one of the documents listed in subsection 2 when returning the 5 5 absentee ballot. 5 6 4. A registrant under subsection 2 who is required to 5 7 present identification when casting a ballot in person shall 5 8 be permitted to vote a provisional ballot if the voter does 5 9 not provide the required identification documents. If a voter 5 10 who is required to present identification when casting a 5 11 ballot votes an absentee ballot by mail, the ballot returned 5 12 by the voter shall be considered a provisional ballot pursuant 5 13 to sections 49.81 and 53.31. 5 14 Sec. 7. Section 48A.11, subsection 1, paragraph b, Code 5 15 2003, is amended to read as follows: 5 16 b. The registrant's name, including first name and any 5 17 family forename or surname. 5 18 Sec. 8. Section 48A.11, subsection 1, paragraph e, Code 5 19 2003, is amended by striking the paragraph and inserting in 5 20 lieu thereof the following: 5 21 e. Iowa driver's license number if the registrant has a 5 22 current and valid Iowa driver's license, Iowa nonoperator's 5 23 identification card if the registrant has a current and valid 5 24 Iowa nonoperator's identification card, or the last four 5 25 numerals of the registrant's social security number. If the 5 26 registrant does not have an Iowa driver's license number, an 5 27 nonoperator's identification card number, or a social security 5 28 number, the form shall provide space for a number to be 5 29 assigned as provided in subsection 7. 5 30 Sec. 9. Section 48A.11, subsection 1, paragraph f, Code 5 31 2003, is amended to read as follows: 5 32 f. Date of birth, including month, date, and year. 5 33 Sec. 10. Section 48A.11, Code 2003, is amended by adding 5 34 the following new subsection: 5 35 NEW SUBSECTION. 2A. The following questions and statement 6 1 regarding eligibility shall be included on forms that may be 6 2 used for registration by mail: 6 3 a. Are you a citizen of the United States of America? 6 4 b. Will you be eighteen years of age on or before election 6 5 day? 6 6 c. If you checked "no" in response to either of these 6 7 questions, do not complete this form. 6 8 Sec. 11. Section 48A.11, subsection 5, Code 2003, is 6 9 amended to read as follows: 6 10 5. All forms for voter registration shall be prescribedby6 11rule adoptedby the state voter registration commission. 6 12 Sec. 12. Section 48A.11, Code 2003, is amended by adding 6 13 the following new subsection: 6 14 NEW SUBSECTION. 7. A voter registration application 6 15 lacking the registrant's name, sex, date of birth, or 6 16 residence address or description shall not be processed. A 6 17 voter registration application lacking the registrant's 6 18 driver's license number, Iowa nonoperator's identification 6 19 card number, or the last four digits of the registrant's 6 20 social security number shall not be processed. A registrant 6 21 whose registration is not processed pursuant to this 6 22 subsection shall be notified pursuant to section 48A.26, 6 23 subsection 3. A registrant who does not have an Iowa driver's 6 24 license number, an Iowa nonoperator's identification number, 6 25 or a social security number and who notifies the registrar of 6 26 such shall be assigned a unique identifying number that shall 6 27 serve to identify the registrant for voter registration 6 28 purposes. 6 29 Sec. 13. NEW SECTION. 48A.25A VERIFICATION OF VOTER 6 30 REGISTRATION INFORMATION. 6 31 Upon receipt of an application for voter registration by 6 32 mail, the state registrar of voters shall compare the driver's 6 33 license number, the Iowa nonoperator's identification card 6 34 number, or the last four numerals of the social security 6 35 number provided by the registrant with the records of the 7 1 state department of transportation. To be verified, the voter 7 2 registration record shall contain the same name, date of 7 3 birth, and driver's license or whole or partial social 7 4 security number as the records of the department of 7 5 transportation. If the information cannot be verified, the 7 6 application shall be rejected and the registrant shall be 7 7 notified of the reason for the rejection. If the information 7 8 can be verified, a record shall be made of the verification 7 9 and the application shall be accepted. 7 10 The voter registration commission shall adopt rules in 7 11 accordance with chapter 17A to provide procedures for 7 12 processing registration applications if the department of 7 13 transportation does not, before the close of registration for 7 14 an election for which the voter registration would be 7 15 effective, if verified, provide a report that the information 7 16 on the application has matched or not matched the records of 7 17 the department. 7 18 This section does not apply to persons entitled to register 7 19 to vote and to vote pursuant to section 48A.5, subsection 4. 7 20 Sec. 14. Section 48A.26, subsection 3, Code 2003, is 7 21 amended to read as follows: 7 22 3. If the registration form is missing required 7 23 information pursuant to section 48A.11, subsection 7, the 7 24 acknowledgment shall advise the applicant what additional 7 25 information is required. The commissioner shall enclose a new 7 26 registration by mail form for the applicant to use. If the 7 27 registration form has no address, the commissioner shall make 7 28 a reasonable effort to determine where the acknowledgment 7 29 should be sent. If the incomplete application is received 7 30 during the twelve days before the close of registration for an 7 31 election, the commissioner shall provide the registrant with 7 32 an opportunity to complete the form before the close of 7 33 registration. 7 34 Sec. 15. Section 48A.26, Code 2003, is amended by adding 7 35 the following new subsections: 8 1 NEW SUBSECTION. 3A. If the registrant applied by mail to 8 2 register to vote and did not answer either "yes" or "no" to 8 3 the question in section 48A.11, subsection 2A, paragraph "a", 8 4 the application shall be processed, but the registration shall 8 5 be designated as valid only for elections that do not include 8 6 candidates for federal offices on the ballot. The 8 7 acknowledgment shall advise the applicant that the status of 8 8 the registration is local and the reason for the registration 8 9 being assigned local status. The commissioner shall enclose a 8 10 new registration by mail form for the applicant to use. If 8 11 the original application is received during the twelve days 8 12 before the close of registration for an election that includes 8 13 candidates for federal offices on the ballot, the commissioner 8 14 shall provide the registrant with an opportunity to complete 8 15 the form before the close of registration. 8 16 NEW SUBSECTION. 3B. If the registrant applied by mail to 8 17 register to vote and answered "no" to the question in section 8 18 48A.11, subsection 2A, paragraph "a", the application shall 8 19 not be processed. The acknowledgement shall advise the 8 20 applicant that the registration has been rejected because the 8 21 applicant indicated on the registration form that the 8 22 applicant is not a citizen of the United States. 8 23 Sec. 16. Section 48A.28, subsection 2, unnumbered 8 24 paragraph 2, Code 2003, is amended to read as follows: 8 25 A commissioner participating in the national change of 8 26 address program, in the first quarter of each calendar year, 8 27 shall send a notice and preaddressed, postage paid return card 8 28 by forwardable mail to each registered voter whose name was 8 29 not reported by the national change of address program and who 8 30 has not voted,in two or more consecutive general elections 8 31 and has not registered again, or who has not reported a change 8 32 to an existing registration, or who has not responded to a 8 33 notice from the commissioner or registrar during thepreceding8 34four calendar yearsperiod between and following the previous 8 35 two general elections. The form and language of the notice 9 1 and return card shall be specified by the state voter 9 2 registration commission by rule. A registered voter shall not 9 3 be sent a notice and return card under this subsection more 9 4 frequently than once in a four-year period. 9 5 Sec. 17. Section 48A.36, subsection 2, Code 2003, is 9 6 amended to read as follows: 9 7 2. Upon receipt of electronic registration data under 9 8 subsection 1, the state registrar of votersmayshall cause 9 9 the updating of registration recordsfor registrants in9 10counties which have arranged for data processing services9 11under section 47.7, subsection 2. The registrar shall notify 9 12 the appropriate commissioner of the actions taken. 9 13 Sec. 18. Section 48A.37, subsection 2, Code 2003, is 9 14 amended to read as follows: 9 15 2. Electronic records shall include a status code 9 16 designating whether the records are active,orinactive, 9 17 local, or pending. Inactive records are records of registered 9 18 voters to whom notices have been sent pursuant to section 9 19 48A.28, subsection 3, and who have not returned the card or 9 20 otherwise responded to the notice, and those records have been 9 21 designated inactive pursuant to section 48A.29. Local records 9 22 are records of applicants who did not answer either "yes" or 9 23 "no" to the question in section 48A.11, subsection 2A, 9 24 paragraph "a". Pending records are records of applicants 9 25 whose applications have not been verified pursuant to section 9 26 48A.25A. All other records are active records. An inactive 9 27 record shall be made active when the registered voter votes at 9 28 an election, registers again, or reports a change of name, 9 29 address, telephone number, or political party affiliation. A 9 30 pending record shall be made active upon verification. A 9 31 local record shall be valid for any election for which no 9 32 candidates for federal office appear on the ballot, but the 9 33 registrant may not vote in a federal election unless the 9 34 registrant submits a new voter registration application before 9 35 election day indicating that the applicant is a citizen of the 10 1 United States. 10 2 Sec. 19. Section 48A.38, subsection 1, paragraph f, Code 10 3 2003, is amended to read as follows: 10 4 f. The county commissioner of registration and the state 10 5 registrar of voters shall remove a voter's social security 10 6 number, driver's license number, or Iowa nonoperator's 10 7 identification card number from a voter registration list 10 8 prepared pursuant to this section. 10 9 Sec. 20. Section 49.81, Code 2003, is amended to read as 10 10 follows: 10 11 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL 10 12 BALLOT. 10 13 1. A prospective voter who is prohibited under section 10 14 48A.8, subsection 4, section 49.77, subsection 4, or section 10 15 49.80 from voting except under this section shall bepermitted10 16tonotified by the appropriate precinct election official that 10 17 the voter may cast apaperprovisional ballot. If a booth 10 18 meeting the requirement of section 49.25 is not available at 10 19 that polling place, the precinct election officials shall make 10 20 alternative arrangements to insure the challenged voter the 10 21 opportunity to vote in secret. The marked ballot, folded as 10 22 required by section 49.84, shall be delivered to a precinct 10 23 election official who shall immediately seal it in an envelope 10 24 of the type prescribed by subsection 4. The sealed envelope 10 25 shall be deposited ina specialan envelope marked"ballots10 26for special precinct""provisional ballots" and shall be 10 27 considered as having been cast in the special precinct 10 28 established by section 53.20 for purposes of the postelection 10 29 canvass. 10 30 2. Each person who casts aspecialprovisional ballot 10 31 under this section shall receive a printed statement in 10 32 substantially the following form: 10 33 Your qualifications as a registered voter have been 10 34 challenged for the following reasons: 10 35 I. ................................................. 11 1 II. ................................................. 11 2 III. ................................................. 11 3 You must show identification before your ballot can be 11 4 counted. Please bring or mail a copy of a current and valid 11 5 photo identification card to the county commissioners office 11 6 or bring or mail a copy of one of the following current 11 7 documents that show your name and address: 11 8 a. Utility bill. 11 9 b. Bank statement. 11 10 c. Paycheck. 11 11 d. Government check. 11 12 e. Other government document. 11 13 PARAGRAPH DIVIDED. Your right to vote will be reviewed by 11 14 the special precinct counting board on ...... You have the 11 15 right and are encouraged to make a written statement and 11 16 submit additional written evidence to this board supporting 11 17 your qualifications as a registered voter. This written 11 18 statement and evidence may be given to an election official of 11 19 this precinct on election day or mailed or delivered to the 11 20 county commissioner of elections, but must be received before 11 21 .... a.m./p.m. on ...... at ...... If your ballot is not 11 22 counted you will receive, by mail, notification of this fact 11 23 and the reason that the ballot was not counted. 11 24 3. Any elector may present written statements or 11 25 documents, supporting or opposing the counting of anyspecial11 26 provisional ballot, to the precinct election officials on 11 27 election day, until the hour for closing the polls. Any 11 28 statements or documents so presented shall be delivered to the 11 29 commissioner when the election supplies are returned. 11 30 4. The individual envelopes used for eachpaper11 31 provisional ballot cast pursuant to subsection 1 shall have 11 32 printed on themthe format of the face of the registration11 33form under section 48A.8 andthe following: 11 34 I believe I am a registered voter of thisprecinctcounty 11 35 and I am eligible to vote in this election. I registered to 12 1 vote in ...... county on or about ...... at ....... My name at 12 2 that time was ....... I have not moved to a different county 12 3 since that time. I am a United States citizen, at least 12 4 eighteen years of age. 12 5 ............................ 12 6 (signature of voter) (date) 12 7 The following information is to be provided by the precinct 12 8 election official: 12 9 Reason for challenge: 12 10 .................................. 12 11 .................................. 12 12 Did not present required identification form. 12 13 ............................ 12 14 (signature of precinct 12 15 election official) 12 16 The precinct election official shall attach a completed 12 17 voter registration form from each provisional voter unless the 12 18 person's registration status is listed in the election 12 19 register as pending. 12 20 Sec. 21. Section 49.98, Code 2003, is amended to read as 12 21 follows: 12 22 49.98 COUNTING BALLOTS. 12 23 The ballots shall be counted according to the voters' marks 12 24 on them as provided in sections 49.92 to 49.97, and not 12 25 otherwise. If, for any reason, it is impossible to determine 12 26 from a ballot, as marked, the choice of the voter for any 12 27 office, the vote for that office shall not be counted. When 12 28 there is a conflict between a straight party or organization 12 29 vote for one political party or nonparty political 12 30 organization and the vote cast by marking the voting target 12 31 next to the name of a candidate for another political party or 12 32 nonparty political organization on the ballot, the mark next 12 33 to the name of the candidate shall be held to control, and the 12 34 straight party or organization vote in that case shall not 12 35 apply as to that office.Any ballot shall be rejected if it13 1is marked in any other manner than authorized in sections13 249.92 to 49.97.A ballot shall be rejected if the voter used 13 3 a mark to identify the voter's ballot. For each voting 13 4 system, the state commissioner shall, by rule adopted pursuant 13 5 to chapter 17A, develop uniform definitions of what 13 6 constitutes a vote. 13 7 Sec. 22. Section 50.20, Code 2003, is amended to read as 13 8 follows: 13 9 50.20 NOTICE OF NUMBER OFSPECIALPROVISIONAL BALLOTS. 13 10 The commissioner shall compile a list of the number of 13 11specialprovisional ballots cast under section 49.81 in each 13 12 precinct. The list shall be made available to the public as 13 13 soon as possible, but in no case later than nine o'clock a.m. 13 14 on the second day following the election. Any elector may 13 15 examine the list during normal office hours, and may also 13 16 examine the affidavit envelopes bearing the ballots of 13 17 challenged electors until the reconvening of the special 13 18 precinct board as required by this chapter. Only those 13 19 persons so permitted by section 53.23, subsection 4, shall 13 20 have access to the affidavits while that board is in session. 13 21 Any elector may present written statements or documents, 13 22 supporting or opposing the counting of any special ballot, at 13 23 the commissioner's office until the reconvening of the special 13 24 precinct board. 13 25 Sec. 23. Section 50.21, unnumbered paragraph 2, Code 2003, 13 26 is amended to read as follows: 13 27 If nospecialprovisional ballots were cast in the county 13 28 pursuant to section 49.81 at any election, the special 13 29 precinct election board need not be so reconvened. If the 13 30 number ofspecialprovisional ballotssocast at any election 13 31 is not sufficient to require reconvening of the entire 13 32 election board of the special precinct, the commissioner may 13 33 reconvene only the number of members required. If the number 13 34 ofspecialprovisional ballots cast at any election exceeds 13 35 the number of absentee ballots cast, the size of the special 14 1 precinct election board may be increased at the commissioner's 14 2 discretion. The commissioner shall observe the requirements 14 3 of sections 49.12 and 49.13 in making adjustments to the size 14 4 of the special precinct election board. 14 5 Sec. 24. Section 52.1, subsection 2, paragraph h, Code 14 6 2003, is amended to read as follows: 14 7 h. "Voting machine" means a mechanical or electronic 14 8 device, meeting the requirements of section 52.7, designated 14 9 for use in casting, registering, recording, and counting votes 14 10 at an election. "Voting machine" includes, but is not limited 14 11 to, direct recording electronic devices. 14 12 Sec. 25. Section 52.2, Code 2003, is amended to read as 14 13 follows: 14 14 52.2 PURCHASE. 14 15 The board of supervisors ofanya county may, by a majority 14 16 vote, authorize, purchase, and order the use ofeithervoting 14 17 machines or an electronic voting system in any one or more 14 18 voting precincts withinsaidthe county until otherwise 14 19 ordered bysaidthe board of supervisors. Voting machines and 14 20 an electronic voting system may be used concurrentlyat14 21different precincts within any county, but notat the same 14 22 precinct. 14 23 Sec. 26. Section 52.5, unnumbered paragraph 2, Code 2003, 14 24 is amended to read as follows: 14 25 The state commissioner shall formulate, with the advice and 14 26 assistance of the examiners, and adopt rules governing the 14 27 testing and examination of any voting machine or electronic 14 28 voting system by the board of examiners. The rules shall 14 29 prescribe the method to be used in determining whether the 14 30 machine or system is suitable for use within the state and 14 31 performance standards for voting equipment in use within the 14 32 state. The rules shall provide that all electronic voting 14 33 systems and voting machines approved for use by the examiners 14 34 after April 9, 2003, shall meet voting systems performance and 14 35 test standards, as adopted by the federal election commission 15 1 on April 30, 2002, and as deemed adopted by Pub. L. No. 107- 15 2 252, section 222. The rules shall include standards for 15 3 determining when recertification is necessary following 15 4 modifications to the equipment or to the programs used in 15 5 tabulating votes, and a procedure for rescinding certification 15 6 if a system or machine is found not to comply with performance 15 7 standards adopted by the state commissioner. 15 8 Sec. 27. Section 52.7, unnumbered paragraphs 2 and 4, Code 15 9 2003, are amended to read as follows: 15 10 It must also be so constructed as to prevent voting for 15 11 more than one person for the same office, except where the 15 12 voter is lawfully entitled to vote for more than one person 15 13 for that office; and it must afford the voter an opportunity 15 14 to vote for any or all persons for that office as the voter is 15 15 by law entitled to vote for and no more, at the same time 15 16 preventing the voter from voting for the same person twice. 15 17 The voting machine must be so constructed as to provide the 15 18 voter with an opportunity to change a vote before the ballot 15 19 is recorded and counted. 15 20 Such machine shall be so constructed as to accurately 15 21 account for every vote cast upon it. The machine shall be so 15 22 constructed as to remove information from the ballot 15 23 identifying the voter before the ballot is recorded and 15 24 counted. If the machine is a direct electronic recording 15 25 device, the machine shall be so constructed as to store each 15 26 ballot cast separate from the ballot tabulation function, 15 27 which ballot may be reproduced on paper in the case of a 15 28 recount, manual audit, or machine malfunction. 15 29 Sec. 28. Section 53.2, unnumbered paragraph 1, Code 2003, 15 30 is amended to read as follows: 15 31 Any registered voter, under the circumstances specified in 15 32 section 53.1, may on any day, except election day, and not 15 33 more than seventy days prior to the date of the election, 15 34 apply in person for an absentee ballot at the commissioner's 15 35 office or at any location designated by the commissioner, or. 16 1 A registered voter may make written application to the 16 2 commissioner for an absentee ballot. A written application 16 3 for an absentee ballot must be received by the commissioner no 16 4 later than five p.m. on the Friday before the election. A 16 5 written application for an absentee ballot delivered to the 16 6 commissioner and received by the commissioner more than 16 7 seventy days prior to the date of the election shall be 16 8 retained by the commissioner and processed in the same manner 16 9 as a written application received not more than seventy days 16 10 before the date of the election. 16 11 PARAGRAPH DIVIDED. The state commissioner shall prescribe 16 12 a form for absentee ballot applications.However, if a16 13registered voter submits an application that includes all of16 14the information required in this section, the prescribed form16 15is not required.Absentee ballot applications may include 16 16 instructions to send the application directly to the county 16 17 commissioner of elections. However, no absentee ballot 16 18 application shall be preaddressed or printed with instructions 16 19 to send the applications to anyone other than the appropriate 16 20 commissioner. 16 21 Sec. 29. Section 53.2, Code 2003, is amended by adding the 16 22 following new unnumbered paragraph: 16 23 NEW UNNUMBERED PARAGRAPH. An application for an absentee 16 24 ballot that is returned to the commissioner by a person acting 16 25 as an actual or implied agent for a political party, 16 26 candidate, or committee, all as defined by chapter 68A, shall 16 27 be returned to the commissioner within seventy-two hours of 16 28 the time the completed application was received from the 16 29 applicant or no later than five p.m. on the Friday before the 16 30 election, whichever is earlier. 16 31 Sec. 30. NEW SECTION. 53.3 RECEIPT REQUIRED FOR CERTAIN 16 32 ABSENTEE BALLOT APPLICATIONS. 16 33 When an application for an absentee ballot is solicited by, 16 34 and returned to the commissioner by, a person acting as an 16 35 actual or implied agent for a political party, candidate, or 17 1 committee, as defined by chapter 68A, the person shall issue 17 2 to the applicant a receipt for the completed application. 17 3 The receipt shall contain the following information: 17 4 1. The name of the applicant. 17 5 2. The date and time the completed application was 17 6 received from the applicant. 17 7 3. The name and date of the election for which the 17 8 application is being completed. 17 9 4. The name of the political party, candidate, or 17 10 committee for whom the person is soliciting and returning the 17 11 application for the absentee ballot. 17 12 5. The name of the person acting as an actual or implied 17 13 agent for the political party, candidate, or committee. 17 14 6. A statement that the application will be delivered to 17 15 the appropriate commissioner within seventy-two hours of the 17 16 date and time the completed application was received from the 17 17 applicant or no later than five p.m. on the Friday before the 17 18 election, whichever is earlier. 17 19 7. A statement that an absentee ballot will by mailed to 17 20 the applicant within twenty-four hours after the ballot for 17 21 the election is available. 17 22 The commissioner shall make receipt forms required by this 17 23 section available for photocopying at the expense of the 17 24 political party, candidate, or committee. 17 25 Sec. 31. Section 53.8, subsection 1, Code 2003, is amended 17 26 to read as follows: 17 27 1. Upon receipt of an application for an absentee ballot 17 28 and immediately after the absentee ballots are printed, the 17 29 commissioner shall mail an absentee ballot to the applicant 17 30 within twenty-four hours, except as otherwise provided in 17 31 subsection 3. The absentee ballot shall be enclosed in an 17 32 unsealed envelope bearing a serial number and affidavit. The 17 33 absentee ballot and unsealed envelope shall be enclosed in or 17 34 with a carrier envelope marked postage paid which bears the 17 35 same serial number as the unsealed envelope. The absentee 18 1 ballot, unsealed envelope, and carrier envelope shall be 18 2 enclosed in a third envelope to be sent to the registered 18 3 voter. If the ballot cannot be folded so that all of the 18 4 votes cast on the ballot will be hidden, the commissioner 18 5 shall also enclose a secrecy envelope with the absentee 18 6 ballot. 18 7 Sec. 32. Section 53.8, subsection 2, Code 2003, is amended 18 8 to read as follows: 18 9 2. If an application is received so late that it is 18 10 unlikely that the absentee ballot can be returned in time to 18 11 be counted on election day, the commissioner shall enclose 18 12 with the absentee ballot a statement to that effect. The 18 13 statement shall also point out that it is possible for the 18 14 applicant, or the applicant's designee if the absentee ballot 18 15 is voted by a voter described in section 53.22, subsection 5, 18 16 to personally deliver the completed absentee ballot to the 18 17 office of the commissioner at any time before the closing of 18 18 the polls on election day. The statement shall also point out 18 19 that it is possible for an absentee ballot courier to 18 20 personally deliver the completed absentee ballot to the office 18 21 of the commissioner within seventy-two hours of retrieving the 18 22 completed ballot or before the closing of the polls on 18 23 election day, whichever is earlier. 18 24 Sec. 33. Section 53.17, Code 2003, is amended to read as 18 25 follows: 18 26 53.17 MAILING OR DELIVERING BALLOT. 18 27 1. The sealed envelope containing the absentee ballot 18 28 shall be enclosed in a carrier envelope which shall be 18 29 securely sealed. The sealed carrier envelope shall be 18 30 returned to the commissioner by one of the following methods: 18 311.a. The sealed carrier envelope may be delivered by the 18 32 registered voter, by the special precinct election officials 18 33 designated pursuant to section 53.22, subsection 1, or by the 18 34 voter's designee if the absentee ballot is voted by a voter 18 35 described in section 53.22, subsection 5, to the 19 1 commissioner's office no later than the time the polls are 19 2 closed on election day, except as otherwise provided in 19 3 subsection 4. 19 42.b. The sealed carrier envelope may be mailed to the 19 5 commissioner by the registered voter, by an immediate family 19 6 member of the voter, or by the voter's designee if the ballot 19 7 is voted by a voter described in section 53.22, subsection 5. 19 8The carrier envelope shall indicate that greater postage than19 9ordinary first class mail may be required. The commissioner19 10shall pay any insufficient postage due on a carrier envelope19 11bearing ordinary first class postage and accept the ballot.19 12 c. The sealed carrier envelope may be delivered to the 19 13 commissioner by an absentee ballot courier, but only as 19 14 provided in subsection 4. 19 15 2. In order for the ballot to be counted, the carrier 19 16 envelope must be received in the commissioner's office before 19 17 the polls close on election day or be clearly postmarked by an 19 18 officially authorized postal service not later than the day 19 19 before the election and received by the commissioner not later 19 20 than noon on the Monday following the election. 19 21 3. If the law authorizing the election specifies that the 19 22 supervisors canvass the votes earlier than the Monday 19 23 following the election, absentee ballots returned through the 19 24 mail must be received not later than the time established for 19 25 the canvass by the board of supervisors for that election. 19 26 The commissioner shall contact the post office serving the 19 27 commissioner's office at the latest practicable hour before 19 28 the canvass by the board of supervisors for that election, and 19 29 shall arrange for absentee ballots received in that post 19 30 office but not yet delivered to the commissioner's office to 19 31 be brought to the commissioner's office before the canvass for 19 32 that election by the board of supervisors. 19 33 4. a. A person who acts as an actual or implied agent of 19 34 a political party, candidate, or committee, as defined by 19 35 chapter 68A, shall be registered with the commissioner as an 20 1 absentee ballot courier in order to deliver completed absentee 20 2 ballots to the commissioner. A candidate whose name is on the 20 3 ballot or an elected official shall not be registered as an 20 4 absentee ballot courier. 20 5 b. Absentee ballot couriers shall be registered with the 20 6 commissioner by the person providing the training required in 20 7 paragraph "c". The registration shall include the courier's 20 8 name and address and the best means for contacting the person 20 9 or the political party, candidate, or committee for which the 20 10 person is acting as an actual or implied agent. An absentee 20 11 ballot courier must be registered with the commissioner prior 20 12 to each election for which the person will be delivering 20 13 completed absentee ballots to the commissioner. However, if a 20 14 person has completed training as an absentee ballot courier 20 15 and the trainer is unable to register the person because the 20 16 commissioner's office is closed, the person may retrieve 20 17 completed absentee ballots if the trainer registers the 20 18 courier with the commissioner by facsimile transmission within 20 19 twenty-four hours of completion of training or by personally 20 20 delivering the registration information to the commissioner's 20 21 office by the close of the next business day following 20 22 completion of training or by mailing the registration 20 23 information to the commissioner, in which case the mailing 20 24 must be postmarked no later than the next business day 20 25 following completion of training. For each election, the 20 26 commissioner shall maintain a list of all persons who have 20 27 been registered as absentee ballot couriers. 20 28 c. A person wishing to be registered as an absentee ballot 20 29 courier must complete a training course in the laws, 20 30 procedures, and penalties related to handling completed 20 31 absentee ballots. The training course shall be conducted by 20 32 the commissioner; the commissioner's designee; or, in the case 20 33 of partisan elections, by the respective state or county 20 34 central committees, or a member of the paid staff of such 20 35 committees, or by the county party or the state party, or a 21 1 member of the paid staff of such parties. The curriculum for 21 2 the training course shall be established by the state 21 3 commissioner by rule adopted pursuant to chapter 17A. 21 4 d. When an absentee ballot courier retrieves a completed 21 5 absentee ballot from a voter, the courier shall fill out a 21 6 receipt to be retained by the voter. The state commissioner 21 7 shall prescribe a form for receipts required by this 21 8 subsection. The receipt shall include all of the following: 21 9 (1) The name of the courier. 21 10 (2) The date and time the voted absentee ballot was 21 11 received from the voter. 21 12 (3) The name and date of the election for which the 21 13 absentee ballot is being voted. 21 14 (4) The name of the political party, candidate, or 21 15 committee for which the courier is acting as an actual or 21 16 implied agent. 21 17 (5) A statement that the completed absentee ballot will be 21 18 delivered to the commissioner's office within seventy-two 21 19 hours or before the closing of the polls on election day, 21 20 whichever is earlier. 21 21 (6) A statement informing the voter that the voter may 21 22 verify that the person retrieving the completed ballot is a 21 23 registered absentee ballot courier by contacting the county 21 24 auditor's office. 21 25 e. An absentee ballot courier shall submit a cover sheet 21 26 listing the names of persons whose ballots are being delivered 21 27 each time the courier delivers ballots to the commissioner's 21 28 office. A completed ballot and cover sheet shall only be 21 29 delivered to the commissioner's office by the absentee ballot 21 30 courier who retrieved the ballot or by one other absentee 21 31 ballot courier designated by the political party, candidate, 21 32 or committee for which the absentee ballot couriers are acting 21 33 as actual or implied agents. The cover sheet shall include 21 34 space for the name and signature of the absentee ballot 21 35 courier who retrieved the ballot and the name and signature of 22 1 any second absentee ballot courier designated to deliver the 22 2 ballot and cover sheet to the commissioner's office. 22 3 f. A violation of any part of this subsection is election 22 4 misconduct in the first degree, pursuant to section 39A.2, 22 5 subsection 1, paragraph "b", subparagraph (1). 22 6 5. For purposes of this section, "immediate family member" 22 7 means the spouse, adult child or stepchild, adult grandchild, 22 8 parent or stepparent, grandparent, or adult sibling of the 22 9 voter. 22 10 Sec. 34. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES. 22 11 The state commissioner of elections shall provide 22 12 information regarding voter registration procedures and 22 13 absentee ballot procedures to be used by members of the armed 22 14 forces of the United States. The state commissioner shall 22 15 accept valid voter registration applications and absentee 22 16 ballot applications and shall forward the applications to the 22 17 appropriate county commissioner of elections in a timely 22 18 manner. 22 19 Sec. 35. Section 53.40, unnumbered paragraph 1, Code 2003, 22 20 is amended to read as follows: 22 21 A request in writing for a ballot may be made by any member 22 22 of the armed forces of the United States who is or will be a 22 23 qualified voter on the day of the election at which the ballot 22 24 is to be cast, at any time before the election. Any member of 22 25 the armed forces of the United States may request ballots for 22 26 all elections to be heldwithin a calendar yearthrough the 22 27 next two general elections. The request may be made by using 22 28 the federal postcard application form and indicating that the 22 29 applicant wishes to receive ballots for all elections as 22 30 permitted by state law. The county commissioner shall send 22 31 the applicant a ballot for each election heldduring the22 32calendar year in whichafter the application is received and 22 33 through the next two general elections. The commissioner 22 34 shall forward a copy of the absentee ballot request to other 22 35 commissioners who are responsible under section 47.2, 23 1 subsection 2, for conducting elections in which the applicant 23 2 is eligible to vote. 23 3 Sec. 36. Section 53.53, Code 2003, is amended by adding 23 4 the following new unnumbered paragraphs: 23 5 NEW UNNUMBERED PARAGRAPH. A federal write-in ballot 23 6 received by the state commissioner of elections shall be 23 7 forwarded immediately to the appropriate county commissioner. 23 8 However, if the state commissioner receives a federal write-in 23 9 ballot after election day and before noon on the Monday 23 10 following an election, the state commissioner shall at once 23 11 verify that the voter has complied with the requirements of 23 12 this section and that the voter's federal write-in ballot is 23 13 eligible to be counted. If the ballot is eligible to be 23 14 counted, the state commissioner shall notify the appropriate 23 15 county commissioner and make arrangements for the ballot to be 23 16 transmitted to the county for counting. If the ballot is not 23 17 eligible to be counted, the state commissioner shall mail the 23 18 ballot to the appropriate commissioner along with notification 23 19 that the ballot is ineligible to be counted. The county 23 20 commissioner shall keep the ballot with the other records of 23 21 the election. 23 22 NEW UNNUMBERED PARAGRAPH. The county commissioner shall 23 23 notify a voter when the voter's federal write-in ballot was 23 24 not counted and shall give the voter the reason the ballot was 23 25 not counted. 23 26 Sec. 37. IMMEDIATE EFFECTIVE DATE. This Act, being deemed 23 27 of immediate importance, takes effect upon enactment and 23 28 applies to elections held on or after September 15, 2004. 23 29 23 30 23 31 23 32 JEFFREY M. LAMBERTI 23 33 President of the Senate 23 34 23 35 24 1 24 2 CHRISTOPHER C. RANTS 24 3 Speaker of the House 24 4 24 5 I hereby certify that this bill originated in the Senate and 24 6 is known as Senate File 2269, Eightieth General Assembly. 24 7 24 8 24 9 24 10 MICHAEL E. MARSHALL 24 11 Secretary of the Senate 24 12 Approved , 2004 24 13 24 14 24 15 24 16 THOMAS J. VILSACK 24 17 Governor
Text: SF02268 Text: SF02270 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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