Text: SSB01118 Text: SSB01120 Text: SSB01100 - SSB01199 Text: SSB 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 2, is amended by adding 3 2 the following new paragraph: 3 3 NEW PARAGRAPH. c. The following questions and statement 3 4 regarding eligibility: 3 5 (1) Are you a citizen of the United States of America? 3 6 (2) Will you be eighteen years of age on or before 3 7 election day? 3 8 (3) If you checked "no" in response to either of these 3 9 questions, do not complete this form. 3 10 Sec. 7. Section 48A.11, Code 2003, is amended by adding 3 11 the following new subsection: 3 12 NEW SUBSECTION. 7. A voter registration application 3 13 lacking the registrant's name, sex, date of birth, or 3 14 residence address or description shall not be processed. If 3 15 the registrant answered "no" or did not answer either "yes" or 3 16 "no" to the question in subsection 2, paragraph "c", 3 17 subparagraph (1), the application shall not be processed. A 3 18 registrant whose registration is not processed pursuant to 3 19 this subsection shall be notified pursuant to section 48A.26, 3 20 subsection 3. A registrant who does not have either an Iowa 3 21 driver's license number or a social security number and who 3 22 notifies the registrar of such shall be assigned a unique 3 23 identifying number that shall serve to identify the registrant 3 24 for voter registration purposes. 3 25 Sec. 8. NEW SECTION. 48A.25A VERIFICATION OF VOTER 3 26 REGISTRATION INFORMATION. 3 27 Upon receipt of an application for voter registration, the 3 28 state registrar of voters shall compare the driver's license 3 29 number or the last four numerals of the social security number 3 30 provided by the registrant with the records of the state 3 31 department of transportation. If the information cannot be 3 32 verified, the application shall be rejected and the registrant 3 33 shall be notified of the reason for the rejection. If the 3 34 information can be verified, a record shall be made of the 3 35 source used for verification and the application shall be 4 1 accepted. 4 2 This section does not apply to persons entitled to register 4 3 to vote and to vote pursuant to section 48A.5, subsection 4. 4 4 Sec. 9. Section 48A.26, subsection 3, Code 2003, is 4 5 amended to read as follows: 4 6 3. If the registration form is missing required 4 7 information pursuant to section 48A.11, subsection 7, the 4 8 acknowledgment shall advise the applicant what additional 4 9 information is required. The commissioner shall enclose a new 4 10 registration by mail form for the applicant to use. If the 4 11 registration form has no address, the commissioner shall make 4 12 a reasonable effort to determine where the acknowledgment 4 13 should be sent. If the incomplete application is received 4 14 during the twelve days before the close of registration for an 4 15 election, the commissioner shall provide the registrant with 4 16 an opportunity to complete the form before the close of 4 17 registration. 4 18 Sec. 10. Section 48A.28, subsection 2, unnumbered 4 19 paragraph 2, Code 2003, is amended to read as follows: 4 20 A commissioner participating in the national change of 4 21 address program, in the first quarter of each calendar year, 4 22 shall send a notice and preaddressed, postage paid return card 4 23 by forwardable mail to each registered voter whose name was 4 24 not reported by the national change of address program and who 4 25 has not voted,in two or more consecutive general elections 4 26 and has not registered again, or who has not reported a change 4 27 to an existing registration, or who has not responded to a 4 28 notice from the commissioner or registrar during thepreceding4 29four calendar yearsperiod between and following the previous 4 30 two general elections. The form and language of the notice 4 31 and return card shall be specified by the state voter 4 32 registration commission by rule. A registered voter shall not 4 33 be sent a notice and return card under this subsection more 4 34 frequently than once in a four-year period. 4 35 Sec. 11. Section 48A.36, subsection 2, Code 2003, is 5 1 amended to read as follows: 5 2 2. Upon receipt of electronic registration data under 5 3 subsection 1, the state registrar of votersmayshall cause 5 4 the updating of registration recordsfor registrants in5 5counties which have arranged for data processing services5 6under section 47.7, subsection 2. The registrar shall notify 5 7 the appropriate commissioner of the actions taken. 5 8 Sec. 12. Section 48A.38, subsection 1, paragraph f, Code 5 9 2003, is amended to read as follows: 5 10 f. The county commissioner of registration and the state 5 11 registrar of voters shall remove a voter's social security 5 12 number and driver's license number from a voter registration 5 13 list prepared pursuant to this section. 5 14 Sec. 13. Section 49.44, unnumbered paragraph 2, Code 2003, 5 15 is amended by striking the unnumbered paragraph. 5 16 Sec. 14. Section 49.68, Code 2003, is amended to read as 5 17 follows: 5 18 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS. 5 19 The state commissioner with the approval of the attorney 5 20 general shall prepare, and from time to time revise, written 5 21 instructions to the voters relative to voting, and shall 5 22 furnish each commissioner with copies of the instructions. 5 23SuchOne set of instructions, which shall be known as 5 24 instructions for marking ballots, shall cover the manner of 5 25 marking ballots. Another set of instructions, which shall be 5 26 known as the Iowa voter bill of rights, shall cover the 5 27 following matters: 5 28 1. The manner of obtaining ballots. 5 292. The manner of marking ballots.5 303.2. That unmarked or improperly marked ballots will not 5 31 be counted. 5 324.3. The method of gaining assistance in marking ballots. 5 335.4. That any erasures or identification marks, or 5 34 otherwise spoiling or defacing a ballot, will render it 5 35 invalid. 6 16.5. Not to vote a spoiled or defaced ballot. 6 27.6. How to obtain a new ballot in place of a spoiled or 6 3 defaced one. 6 4 7. How to cast a provisional ballot. 6 5 8. Instructions for first-time voters who registered by 6 6 mail pursuant to section 48A.8. 6 7 9. The appropriate official to contact if the voter 6 8 believes the voter's rights have been violated. 6 9 10. Polling place hours and the date of the election. 6 10 11. Information about federal and state laws prohibiting 6 11 fraud and misrepresentation. 6 128.12. Any other mattersthoughtdetermined necessary. 6 13 Sec. 15. Section 49.70, Code 2003, is amended to read as 6 14 follows: 6 15 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. 6 16 The commissioner shall cause copies ofthe foregoingeach 6 17 set of instructions to be printed in large, clear type, under 6 18 theheadingheadings of Iowa voter bill of rights and 6 19"Instructionsinstructions forVoters"marking ballots, and 6 20 shall furnish the precinct election officials with a 6 21 sufficient number ofsucheach set of instructions as will 6 22 enable them to comply with section 49.71. 6 23 Sec. 16. Section 49.71, Code 2003, is amended to read as 6 24 follows: 6 25 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS. 6 26 The precinct election officials, before the opening of the 6 27 polls, shallcause said cardssecurely post each set of 6 28 instructionsto be securely postedas follows: 6 29 1. One copy of instructions for marking ballots in each 6 30 voting booth. 6 31 2. Not less than four copies of each set, with an equal 6 32 number of sample ballots, in and about the polling place. 6 33 Sec. 17. Section 49.73, subsection 2, Code 2003, is 6 34 amended to read as follows: 6 35 2. The commissioner shall not shorten voting hours for any 7 1 election if there is filed in the commissioner's office, at 7 2 least twenty-five days before the election, a petition signed 7 3 by at least fifty eligible electors of the school district or 7 4 city, as the case may be, requesting that the polls be opened 7 5 not later than seven o'clock a.m. All polling places where 7 6 the candidates of or any public question submitted by any one 7 7 political subdivision are being voted upon shall be opened at 7 8 the same hour, except that this requirement shall not apply to 7 9 merged areas established under chapter 260C. The hours at 7 10 which the respective precinct polling places are to open shall 7 11 not be changed after publication of the notice required by 7 12 section 49.53. The polling places shall be closed atnine7 13o'clockeight p.m. forstate primary and general elections and7 14other partisan elections, and for any other election held7 15concurrently therewith, and at eight o'clock p.m. forall 7 16otherelections. 7 17 Sec. 18. Section 49.77, subsection 3, Code 2003, is 7 18 amended by striking the subsection and inserting in lieu 7 19 thereof the following: 7 20 3. A precinct election official shall require that each 7 21 voter provide a current and valid identification card 7 22 containing a photograph of the voter, or one of the following 7 23 documents that show the name and current address of the voter: 7 24 a. Utility bill. 7 25 b. Bank statement. 7 26 c. Government check. 7 27 d. Other government document. 7 28 Sec. 19. Section 49.77, subsection 4, Code 2003, is 7 29 amended to read as follows: 7 30 4. a. A person who presents identification required in 7 31 subsection 3, and whose name does not appear on the election 7 32 register of the precinct in which that person claims the right 7 33 to vote shall not be permitted to vote, unless the person 7 34 affirms that the person is currently registered in the county 7 35and presents proof of identity, or the commissioner informs 8 1 the precinct election officials that an error has occurred and 8 2 that the person is a registered voter of that precinct. If 8 3 the commissioner finds no record of the person's registration 8 4 but the person insists that the person is a registered voter 8 5 of that precinct, the precinct election officials shall allow 8 6 the person to cast a ballot in the manner prescribed by 8 7 section 49.81. 8 8 b. A person who does not present identification required 8 9 in subsection 3 but whose name appears on the election 8 10 register of the precinct in which that person claims the right 8 11 to vote, or if the commissioner informs the precinct election 8 12 officials that an error has occurred and the person is a 8 13 registered voter of that precinct, shall be allowed to cast a 8 14 ballot in the manner prescribed by section 49.81. 8 15 c. A person who has been sent an absentee ballot by mail 8 16 but for any reason has not received it shall be permitted to 8 17 cast a ballot in person pursuant to section 53.19 and in the 8 18 manner prescribed by this section and section 49.81. 8 19 Sec. 20. Section 49.81, Code 2003, is amended to read as 8 20 follows: 8 21 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL 8 22 BALLOT. 8 23 1. A prospective voterwho is prohibited underdescribed 8 24 in section 49.77, subsection 4, or a prospective voter who is 8 25 challenged under section 49.80from voting except under this8 26sectionshall be permitted to cast apaperprovisional ballot 8 27 under this section. If a booth meeting the requirement of 8 28 section 49.25 is not available at that polling place, the 8 29 precinct election officials shall make alternative 8 30 arrangements to insure the challenged voter the opportunity to 8 31 vote in secret. The marked ballot, folded as required by 8 32 section 49.84, shall be delivered to a precinct election 8 33 official who shall immediately seal it in an envelope of the 8 34 type prescribed by subsection 4. The sealed envelope shall be 8 35 deposited ina specialan envelope marked"ballots for special9 1precinct""provisional ballots" and shall be considered as 9 2 having been cast in the special precinct established by 9 3 section 53.20 for purposes of the postelection canvass. 9 4 2. Each person who casts aspecialprovisional ballot 9 5 under this section shall receive a printed statement in 9 6 substantially the following form: 9 7 Your qualifications as a registered voter have been 9 8 challenged for the following reasons: 9 9 I. ................................................. 9 10 II. ................................................. 9 11 III. ................................................. 9 12 Your right to vote will be reviewed by the special precinct 9 13 counting board on ...... You have the right and are 9 14 encouraged to make a written statement and submit additional 9 15 written evidence to this board supporting your qualifications 9 16 as a registered voter. This written statement and evidence 9 17 may be given to an election official of this precinct on 9 18 election day or mailed or delivered to the county commissioner 9 19 of elections, but must be received before .... a.m./p.m. on 9 20 ...... at ...... If your ballot is not counted you will 9 21 receive, by mail, notification of this fact and the reason 9 22 that the ballot was not counted. 9 23 3. Any elector may present written statements or 9 24 documents, supporting or opposing the counting of anyspecial9 25 provisional ballot, to the precinct election officials on 9 26 election day, until the hour for closing the polls. Any 9 27 statements or documents so presented shall be delivered to the 9 28 commissioner when the election supplies are returned. 9 29 4. The individual envelopes used for eachpaper9 30 provisional ballot cast pursuant to subsection 1 shall have 9 31 printed on them the format of the face of the registration 9 32 form under section 48A.8 and the following: 9 33 I believe I am a registered voter of thisprecinctcounty 9 34 and I am eligible to vote in this election. I registered to 9 35 vote in ...... county on or about ...... at ....... My name 10 1 at that time was ....... I have not moved to a different 10 2 county since that time. I am a United States citizen, at 10 3 least eighteen years of age. 10 4 ............................ 10 5 (signature of voter) (date) 10 6 The following information is to be provided by the precinct 10 7 election official: 10 8 Reason for challenge: 10 9 .................................. 10 10 .................................. 10 11 ............................ 10 12 (signature of precinct 10 13 election official) 10 14 Sec. 21. Section 50.20, Code 2003, is amended to read as 10 15 follows: 10 16 50.20 NOTICE OF NUMBER OFSPECIALPROVISIONAL BALLOTS. 10 17 The commissioner shall compile a list of the number of 10 18specialprovisional ballots cast under section 49.81 in each 10 19 precinct. The list shall be made available to the public as 10 20 soon as possible, but in no case later than nineo'clocka.m. 10 21 on the second day following the election. Any elector may 10 22 examine the list during normal office hours, and may also 10 23 examine the affidavit envelopes bearing the ballots of 10 24 challenged electors until the reconvening of the special 10 25 precinct board as required by this chapter. Only those 10 26 persons so permitted by section 53.23, subsection 4, shall 10 27 have access to the affidavits while that board is in session. 10 28 Any elector may present written statements or documents, 10 29 supporting or opposing the counting of any special ballot, at 10 30 the commissioner's office until the reconvening of the special 10 31 precinct board. 10 32 Sec. 22. Section 50.21, unnumbered paragraph 2, Code 2003, 10 33 is amended to read as follows: 10 34 If nospecialprovisional ballots were cast in the county 10 35 pursuant to section 49.81 at any election, the special 11 1 precinct election board need not be so reconvened. If the 11 2 number ofspecialprovisional ballotssocast at any election 11 3 is not sufficient to require reconvening of the entire 11 4 election board of the special precinct, the commissioner may 11 5 reconvene only the number of members required. If the number 11 6 ofspecialprovisional ballots cast at any election exceeds 11 7 the number of absentee ballots cast, the size of the special 11 8 precinct election board may be increased at the commissioner's 11 9 discretion. The commissioner shall observe the requirements 11 10 of sections 49.12 and 49.13 in making adjustments to the size 11 11 of the special precinct election board. 11 12 Sec. 23. Section 52.1, subsection 2, paragraph h, Code 11 13 2003, is amended to read as follows: 11 14 h. "Voting machine" meansa mechanical oran electronic 11 15 device, meeting the requirements of section 52.7, designated 11 16 for use in casting, registering, recording, and counting votes 11 17 at an election. 11 18 Sec. 24. Section 52.2, Code 2003, is amended to read as 11 19 follows: 11 20 52.2 PURCHASE. 11 21 The board of supervisors of any county may, by a majority 11 22 vote, authorize, purchase, and order the use of either voting 11 23 machines or an electronic voting system in any one or more 11 24 voting precincts withinsaidthe county until otherwise 11 25 ordered bysaidthe board of supervisors. Voting machines and 11 26 an electronic voting system may be used concurrently at 11 27differentprecincts within any county, but not at the same11 28precinct. 11 29 The state commissioner may provide voting machines or 11 30 electronic voting systems to a county to replace lever voting 11 31 machines in use in the county in order to comply with Pub. L. 11 32 No. 107-252, the Help America Vote Act of 2002. 11 33 Sec. 25. Section 52.9, unnumbered paragraph 4, Code 2003, 11 34 is amended by striking the paragraph. 11 35 Sec. 26. Section 52.10, Code 2003, is amended to read as 12 1 follows: 12 2 52.10 BALLOTS FORM. 12 3 All ballots shall beprinted in black ink on clear, white12 4material, of such size as will fit the ballot frame, and12 5 presented in as plain, clear type as the space will reasonably 12 6 permit.The party name for each political party represented12 7on the machine shall be prefixed to the list of candidates of12 8such party. The order of the list of candidates of the12 9several parties or organizations shall be arranged as provided12 10in sections 49.30 to 49.42A, except that the lists may be12 11arranged in horizontal rows or vertical columns to meet the12 12physical requirements of the voting machine used.The 12 13 offices, candidates, judges, and public measures to be voted 12 14 upon, using the voting machine, shall be arranged as required 12 15 by chapters 43 and 49. 12 16 Sec. 27. Section 52.12, Code 2003, is amended to read as 12 17 follows: 12 18 52.12 EXCEPTION STRAIGHT PARTY VOTING. 12 19 Voting machines shall have a singlelever or switchvoting 12 20 target which casts a vote for each candidate of a political 12 21 party or nonparty political organization which has nominated 12 22 candidates for more than one partisan office on the ballot. 12 23 Straight party voting shall be provided for all general 12 24 elections. 12 25 Sec. 28. Section 52.16, Code 2003, is amended to read as 12 26 follows: 12 27 52.16 DUTIES OF ELECTION OFFICERS INDEPENDENT BALLOTS. 12 28 The election board of each precinct in which votes are to 12 29 be cast by machine shall meet at the precinct polling place, 12 30 at least one hour before the time set for the opening of the 12 31 polls at each election, and shall proceed to arrange the 12 32 furniture, stationery, and voting machine for the conduct of 12 33 the election. The board shall cause at leasttwo instruction12 34cardsfour sets of instructions to be posted conspicuously 12 35 within the polling place.If not previously done, they shall13 1arrange, in their proper place on the voting machine, the13 2ballots containing the names of the offices to be filled at13 3the election, and the names of the candidates nominated. If13 4not previously done, the machine shall be so arranged as to13 5show that no vote has been cast, and shall not be thereafter13 6operated, except by electors in voting.13 7 Before the polls are open for election, the board shall 13 8 carefully examine every machine and see that no vote has been 13 9 cast, and the machines are subject to inspection of the13 10election officers.If the voting machine is equipped to13 11produce a printed record showing the status of the counters,13 12this record shall be produced by the precinct election13 13officials immediatelyImmediately before the polls are open, 13 14 the precinct election officials shall print a report from each 13 15 machine showing that the counter is set at zero. The 13 16inspection sheetsreports from each machine used in the 13 17 election shall be available for examination throughout 13 18 election day. 13 19Ballots voted for any person whose name does not appear on13 20the machine as a nominated candidate for office, are referred13 21to in this section as independent ballots. When two or more13 22persons are to be elected to the same office, and the machine13 23requires that all independent ballots voted for that office be13 24deposited in a single receptacle or device, an elector may13 25vote in or by the receptacle or device for one or more persons13 26whose names do not appear upon the machine with or without the13 27names of one or more persons whose names do so appear. With13 28that exception, and except for presidential electors, no13 29independent ballot shall be voted for any person for any13 30office whose name appears on the machine as a nominated13 31candidate for that office; any independent ballot so voted13 32shall not be counted. An independent ballot must be cast in13 33its appropriate place on the machine, or it shall be void and13 34not counted.13 35 Sec. 29. Section 52.17, Code 2003, is amended to read as 14 1 follows: 14 2 52.17 VOTING MACHINE IN PLAIN VIEW. 14 3 The exterior of the voting machine and every part of the 14 4 polling place shall be in plain view of the election officers. 14 5 The voting machine shall be placed at leastthree feet from14 6every wall and partition of the polling place, and at least14 7 four feet from the precinct election officials' table. 14 8 Sec. 30. Section 52.20, Code 2003, is amended to read as 14 9 follows: 14 10 52.20 INJURY TO MACHINE. 14 11NoA voter, or other person, shall not deface or injure the 14 12 voting machine or the ballot thereon. It shall be the duty of 14 13 the precinct election officials to enforce the provisions of 14 14 this section. During the entire period of an election, at 14 15 least one oftheir numberthe officials, designated bythem14 16 the officials from time to time, shallbe stationed beside the14 17entrance to the booth and shall see that it is properly closed14 18after a voter has entered it to vote. The official shall14 19also, at such intervals as the official may deem proper or 14 20 necessary, examine the face of the machine to ascertain 14 21 whether it has been defaced or injured, to detect the 14 22 wrongdoer, and to repair any injury. If the official finds 14 23 that a person has left the voting booth without casting the 14 24 ballot, the official shall cast the ballot. 14 25 Sec. 31. Section 52.21, Code 2003, is amended by striking 14 26 the section and inserting in lieu thereof the following: 14 27 52.21 CANVASS OF VOTE TALLY. 14 28 As soon as the polls of the election are closed, the 14 29 precinct election officials shall immediately lock the voting 14 30 machine against voting and, in the presence of all persons who 14 31 may be lawfully within the polling place, proceed to canvass 14 32 the vote. The officials shall print the results from each 14 33 machine, tally any write-in votes, and complete any canvass 14 34 documents prescribed for the voting machine by the state 14 35 commissioner. Write-in votes cast for a person whose name 15 1 appears on the ballot as a candidate for that office shall not 15 2 be counted. 15 3 Sec. 32. Section 52.23, unnumbered paragraph 2, Code 2003, 15 4 is amended to read as follows: 15 5 Theinspection sheetszero count report from each machine 15 6 used in the election and one copy of the printed results from 15 7 each machine shall be signed by all precinct election 15 8 officials and, with any paper or papers upon which write-in 15 9 votes were recorded by voters, shall be securely sealed in an 15 10 envelope marked with the name and date of the election, the 15 11 precinct, and the serial numbers of the machines from which 15 12 the enclosed results were removed. This envelope shall be 15 13 preserved, unopened, for twenty-two months following elections 15 14 for federal offices and for six months following elections for 15 15 all other offices unless a recount is requested pursuant to 15 16 section 50.48 or an election contest is pending. The envelope 15 17 shall be destroyed in the same manner as ballots pursuant to 15 18 section 50.13.Additional copiesAt least one additional copy 15 19 of the results, if any,shall be signed by the officials and 15 20 delivered to the commissioner with the other supplies from the 15 21 election pursuant to section 50.17. 15 22 Sec. 33. Section 52.25, unnumbered paragraph 2, Code 2003, 15 23 is amended to read as follows: 15 24 The entire convention question, amendment or public measure 15 25 shall be printed and displayed prominently in at least four 15 26 places within the voting precinct, and inside each voting 15 27 booth,or on the left-hand side inside the curtain of each15 28voting machine,the printing to be in conformity with the 15 29 provisions of chapter 49. The public measure shall be 15 30 summarized by the commissioner and in the largest type 15 31 possible printed on the special paper ballots orinserts used15 32 in the voting machines, except that: 15 33 Sec. 34. Section 53.16, Code 2003, is amended to read as 15 34 follows: 15 35 53.16 SUBSCRIBING TO AFFIDAVIT REQUIRED IDENTIFICATION. 16 1 After marking the ballot, the voter shall make and 16 2 subscribe to the affidavit on the reverse side of the 16 3 envelope, and fold the ballot or ballots, separately, so as to 16 4 conceal the markings on them, and deposit them, and a 16 5 photocopy of the identification required in section 49.77, 16 6 subsection 3, in the envelope, and securely seal the envelope. 16 7 Sec. 35. Section 53.31, Code 2003, is amended by adding 16 8 the following new unnumbered paragraph: 16 9 NEW UNNUMBERED PARAGRAPH. If a voter votes an absentee 16 10 ballot by mail, or pursuant to section 53.10, 53.11, or 53.22, 16 11 and does not include a photocopy of the identification 16 12 required in section 49.77, subsection 3, the ballot returned 16 13 by the voter shall be considered a provisional ballot pursuant 16 14 to this section and section 49.81. 16 15 Sec. 36. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES. 16 16 The state commissioner of elections shall provide 16 17 information regarding voter registration procedures and 16 18 absentee ballot procedures to be used by members of the armed 16 19 forces of the United States. The state commissioner shall 16 20 accept valid voter registration applications and absentee 16 21 ballot applications and shall forward the applications to the 16 22 appropriate county commissioner of elections in a timely 16 23 manner. 16 24 Sec. 37. Section 53.40, unnumbered paragraph 1, Code 2003, 16 25 is amended to read as follows: 16 26 A request in writing for a ballot may be made by any member 16 27 of the armed forces of the United States who is or will be a 16 28 qualified voter on the day of the election at which the ballot 16 29 is to be cast, at any time before the election. Any member of 16 30 the armed forces of the United States may request ballots for 16 31 all elections to be heldwithin a calendar yearthrough the 16 32 next two general elections. The request may be made by using 16 33 the federal postcard application form and indicating that the 16 34 applicant wishes to receive ballots for all elections as 16 35 permitted by state law. The county commissioner shall send 17 1 the applicant a ballot for each election heldduring the17 2calendar year in whichafter the application is received and 17 3 through the next two general elections. The commissioner 17 4 shall forward a copy of the absentee ballot request to other 17 5 commissioners who are responsible under section 47.2, 17 6 subsection 2, for conducting elections in which the applicant 17 7 is eligible to vote. 17 8 Sec. 38. Section 53.53, Code 2003, is amended by adding 17 9 the following new unnumbered paragraphs: 17 10 NEW UNNUMBERED PARAGRAPH. A federal write-in ballot 17 11 received by the state commissioner of elections shall be 17 12 forwarded immediately to the appropriate county commissioner. 17 13 However, if the state commissioner receives a federal write-in 17 14 ballot after election day and before noon on the Monday 17 15 following an election, the state commissioner shall at once 17 16 verify that the voter has complied with the requirements of 17 17 this section and that the voter's federal write-in ballot is 17 18 eligible to be counted. If the ballot is eligible to be 17 19 counted, the state commissioner shall notify the appropriate 17 20 county commissioner and make arrangements for the ballot to be 17 21 transmitted to the county for counting. If the ballot is not 17 22 eligible to be counted, the state commissioner shall mail the 17 23 ballot to the appropriate commissioner along with notification 17 24 that the ballot is ineligible to be counted. The county 17 25 commissioner shall keep the ballot with the other records of 17 26 the election. 17 27 NEW UNNUMBERED PARAGRAPH. The county commissioner shall 17 28 notify a voter when the voter's federal write-in ballot was 17 29 not counted and shall give the voter the reason the ballot was 17 30 not counted. 17 31 Sec. 39. Sections 49.35, 52.11, 52.14, and 52.22, Code 17 32 2003, are repealed. 17 33 Sec. 40. EFFECTIVE DATES. 17 34 1. The sections of this Act enacting new Code section 17 35 48A.25A and amending Code sections 48A.26, 48A.36, 49.68, 18 1 49.70, 49.71, and that portion of section 52.16 relating to 18 2 voter instructions only, take effect January 1, 2004, or 18 3 January 1, 2006, if a waiver is granted pursuant to section 18 4 303(d) of Pub. L. No. 107-252. 18 5 2. The remainder of this Act, being deemed of immediate 18 6 importance, takes effect upon enactment. 18 7 DIVISION II 18 8 TRANSFER OF ELECTION AND VOTER REGISTRATION DUTIES 18 9 Sec. 41. Section 34A.6, subsection 3, Code 2003, is 18 10 amended to read as follows: 18 11 3. Thesecretary ofstate commissioner of elections, in 18 12 consultation with the administrator, shall adopt rules for the 18 13 conduct of joint E911 service referendums as required by and 18 14 consistent with subsections 1 and 2. 18 15 Sec. 42. Section 42.4, subsection 8, paragraph b, 18 16 subparagraph (1), subparagraph subdivision (b), unnumbered 18 17 paragraph 2, Code 2003, is amended to read as follows: 18 18 Thesecretary ofstate commissioner of elections shall 18 19 prescribe a form to be completed by all senators to declare 18 20 their residences as of February 1, 2002. The form shall be 18 21 filed with thesecretary ofstate commissioner of elections no 18 22 later than five p.m. on February 1, 2002. 18 23 Sec. 43. Section 42.4, subsection 8, paragraph b, 18 24 subparagraph (2), Code 2003, is amended to read as follows: 18 25 (2) Each even-numbered senatorial district to which 18 26 subparagraph (1) of this paragraph is not applicable shall 18 27 elect a senator in 2002 for a two-year term commencing in 18 28 January 2003. However, if more than one incumbent state 18 29 senator is residing in an even-numbered senatorial district on 18 30 February 1, 2002, and, on or before February 15, 2002, all but 18 31 one of the incumbent senators resigns from office effective no 18 32 later than January 1, 2003, the remaining incumbent senator 18 33 shall represent the district in the senate for the Eightieth 18 34 General Assembly. A copy of the resignation must be filed in 18 35 the office of thesecretary ofstate commissioner of elections 19 1 no later than five p.m. on February 15, 2002. 19 2 Sec. 44. Section 43.18, unnumbered paragraph 1, Code 2003, 19 3 is amended to read as follows: 19 4 Each candidate shall complete and file a signed, notarized 19 5 affidavit of candidacy. The affidavit shall be in the form 19 6 prescribed by thesecretary ofstate commissioner and shall 19 7 include the following information: 19 8 Sec. 45. Section 43.63, Code 2003, is amended to read as 19 9 follows: 19 10 43.63 CANVASS BY STATE BOARD. 19 11 Upon receipt of the abstracts of votes from the counties, 19 12 thesecretary ofstate commissioner shall immediately open the 19 13 envelopes and canvass the results for all offices. The 19 14secretary ofstate commissioner shall invite to attend the 19 15 canvass one representative from each political party which, at 19 16 the last preceding general election, cast for its candidate 19 17 for president of the United States or for governor, as the 19 18 case may be, at least two percent of the total vote cast for 19 19 all candidates for that office at that election, as determined 19 20 by thesecretary ofstate commissioner. Thesecretary of19 21 state commissioner shall notify the chairperson of each 19 22 political party of the time of the canvass. However, the 19 23 presence of a representative from a political party is not 19 24 necessary for the canvass to proceed. 19 25 Not later than the twenty-seventh day after the primary 19 26 election, thesecretary ofstate commissioner shall present to 19 27 the state board of canvassers abstracts showing the number of 19 28 ballots cast by each political party for each office and a 19 29 summary of the results for each office, showing the votes cast 19 30 in each county. The state board of canvassers shall review 19 31 the results compiled by thesecretary ofstate commissioner 19 32 and, if the results are accurately tabulated, the state board 19 33 shall approve the canvass. 19 34 Sec. 46. Section 43.67, unnumbered paragraphs 1 and 2, 19 35 Code 2003, are amended to read as follows: 20 1 Each candidate nominated pursuant to section 43.52 or 43.65 20 2 is entitled to have the candidate's name printed on the 20 3 official ballot to be voted at the general election without 20 4 other certificate unless the candidate was nominated by write- 20 5 in votes. Immediately after the completion of the canvass 20 6 held under section 43.49, the county auditor shall notify each 20 7 person who was nominated by write-in votes for a county or 20 8 township office that the person is required to file an 20 9 affidavit of candidacy if the person wishes to be a candidate 20 10 for that office at the general election. Immediately after 20 11 the completion of the canvass held under section 43.63, the 20 12secretary ofstate commissioner shall notify each person who 20 13 was nominated by write-in votes for a state or federal office 20 14 that the person is required to file an affidavit of candidacy 20 15 if the person wishes to be a candidate for that office at the 20 16 general election. If the affidavit is not filed by five p.m. 20 17 on the seventh day after the completion of the canvass, that 20 18 person's name shall not be placed upon the official general 20 19 election ballot. The affidavit shall be signed by the 20 20 candidate, notarized, and filed with the county auditor or the 20 21secretary ofstate commissioner, whichever is applicable. 20 22 The affidavit shall be in the form prescribed by the 20 23secretary ofstate commissioner. The affidavit shall include 20 24 the following information: 20 25 Sec. 47. Section 44.3, subsection 2, unnumbered paragraph 20 26 1, Code 2003, is amended to read as follows: 20 27 Each candidate nominated by the convention or caucus shall 20 28 complete and file a signed, notarized affidavit of candidacy. 20 29 The affidavit shall be in the form prescribed by thesecretary20 30ofstate commissioner. The affidavit shall include the 20 31 following information: 20 32 Sec. 48. Section 45.3, unnumbered paragraph 1, Code 2003, 20 33 is amended to read as follows: 20 34 Each candidate shall complete and file a signed, notarized 20 35 affidavit of candidacy. The affidavit shall be filed at the 21 1 same time as the nomination petition. The affidavit shall be 21 2 in the form prescribed by thesecretary ofstate commissioner 21 3 and shall include the following information: 21 4 Sec. 49. Section 47.1, unnumbered paragraphs 1 and 3, Code 21 5 2003, are amended to read as follows: 21 6 Thesecretary of stateexecutive director of the Iowa 21 7 elections, ethics, and campaign disclosure board established 21 8 in section 68B.32 is designated as the state commissioner of 21 9 elections and shall supervise the activities of the county 21 10 commissioners of elections. There is established within the 21 11 office of thesecretary of stateIowa elections, ethics, and 21 12 campaign disclosure board a division of elections which shall 21 13 be under the direction of the state commissioner of elections. 21 14 The state commissioner of elections may appoint a person to be 21 15 in charge of the division of elections who shall perform the 21 16 duties assigned by the state commissioner of elections. The 21 17 state commissioner of elections shall prescribe uniform 21 18 election practices and procedures, shall prescribe the 21 19 necessary forms required for the conduct of elections, shall 21 20 assign a number to each proposed constitutional amendment and 21 21 statewide public measure for identification purposes, and 21 22 shall adopt rules, pursuant to chapter 17A, to carry out this 21 23 section. 21 24 Thesecretary of stateexecutive director of the Iowa 21 25 elections, ethics, and campaign disclosure board is designated 21 26 the chief state election official and is responsible for 21 27 coordination of state responsibilities under the federal 21 28 National Voter Registration Act of 1993. 21 29 Sec. 50. Section 48A.19, subsection 3, Code 2003, is 21 30 amended to read as follows: 21 31 3. The voter registration agency shall provide voter 21 32 registration services with each application for services or 21 33 assistance and with each recertification, renewal, or change 21 34 of address form completed relating to the agency's services. 21 35 Thesecretary ofstate registrar of voters shall adopt 22 1 administrative rules in cooperation with voter registration 22 2 agencies to carry out the requirements of this section. 22 3 Sec. 51. Section 48A.22, Code 2003, is amended to read as 22 4 follows: 22 5 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS. 22 6 Thesecretary ofstate registrar of voters shall encourage 22 7 volunteer organizations to undertake voter registration drives 22 8 by providing registration forms. 22 9 Sec. 52. Section 49.67, unnumbered paragraph 2, Code 2003, 22 10 is amended to read as follows: 22 11 If necessary, the commissioner or the commissioner's 22 12 designee may make photocopies of official ballots to replace 22 13 or replenish ballot supplies. The commissioner shall keep a 22 14 record of the number of photocopied ballots made for each 22 15 precinct, the name of the person who made the photocopies, and 22 16 the date, time, and location at which the photocopies were 22 17 made. These records shall be made on forms and following 22 18 procedures prescribed by thesecretary ofstate commissioner 22 19 by administrative rule. 22 20 Sec. 53. Section 49.104, subsection 7, Code 2003, is 22 21 amended to read as follows: 22 22 7. Any person authorized by the commissioner, in 22 23 consultation with thesecretary ofstate commissioner, for the 22 24 purposes of conducting and attending educational voting 22 25 programs for youth. 22 26 Sec. 54. Section 49A.8, Code 2003, is amended to read as 22 27 follows: 22 28 49A.8 CANVASS DECLARATION OF RESULT RECORD. 22 29 The judges of election, county boards of canvassers, and 22 30 other election officials shall canvass the vote on any 22 31 constitutional amendment or public measure, and make return 22 32 thereof, in the same manner as required by law for the canvass 22 33 and return of the vote for public officers. The board of 22 34 state canvassers shall canvass such returns, declare the 22 35 result, and enter the same of record, immediately following 23 1 and in connection with the proofs of publication of such 23 2 amendment or measure, in the book kept for that purpose by the 23 3secretary ofstate commissioner of elections. 23 4 Upon completion of the canvass, thesecretary ofstate 23 5 commissioner of elections shall certify to the Iowa Code 23 6 editor the results of the election. 23 7 Sec. 55. Section 50.36, Code 2003, is amended to read as 23 8 follows: 23 9 50.36 ENVELOPES CONTAINING OTHER ABSTRACTS CANVASS. 23 10 Thesecretary ofstate commissioner, upon receipt of the 23 11 envelopes containing the abstracts of votes, shall open and 23 12 canvass the abstracts for all offices except governor and 23 13 lieutenant governor. 23 14 Thesecretary ofstate commissioner shall invite to attend 23 15 the canvass one representative from each political party 23 16 which, at the last preceding general election, cast for its 23 17 candidate for president of the United States or for governor, 23 18 as the case may be, at least two percent of the total vote 23 19 cast for all candidates for that office at that election, as 23 20 determined by thesecretary ofstate commissioner. The 23 21secretary ofstate commissioner shall notify the chairperson 23 22 of each political party of the time of the canvass. However, 23 23 the presence of a representative from a political party is not 23 24 necessary for the canvass to proceed. 23 25 Sec. 56. Section 50.37, Code 2003, is amended to read as 23 26 follows: 23 27 50.37 STATE CANVASSING BOARD. 23 28 The executive council shall constitute a board of 23 29 canvassers of all abstracts of votes required to be filed with 23 30 the state commissioner, except for the offices of governor and 23 31 lieutenant governor. Any clerical error found by the 23 32secretary ofstate commissioner or state board of canvassers 23 33 shall be corrected by the county commissioner in a letter 23 34 addressed to the state board of canvassers. 23 35 Sec. 57. Section 50.38, Code 2003, is amended to read as 24 1 follows: 24 2 50.38 TIME OF STATE CANVASS. 24 3 Not later than twenty-seven days after the day of the 24 4 election, thesecretary ofstate commissioner shall present to 24 5 the board of state canvassers abstracts of votes cast at the 24 6 election showing the number of ballots cast for each office 24 7 and a summary of the results for each office, showing the 24 8 votes cast in each county. The state board of canvassers 24 9 shall review the results compiled by thesecretary ofstate 24 10 commissioner and, if the results are accurately tabulated, the 24 11 state board shall approve the canvass. 24 12 Sec. 58. Section 54.5, unnumbered paragraph 5, Code 2003, 24 13 is amended to read as follows: 24 14 If a candidate for the office of president or vice 24 15 president of the United States withdraws, dies, or is 24 16 otherwise removed from the ballot before the general election, 24 17 another candidate may be substituted. The substitution shall 24 18 be made by the state central committee of the political party 24 19 or by the governing committee of the national party. If there 24 20 are differences, the substitution made by the state central 24 21 committee shall prevail. A nonparty political organization 24 22 which has filed the names of party officers and central 24 23 committee members with thesecretary ofstate commissioner of 24 24 elections before the close of the filing period for the 24 25 general election pursuant to section 44.17 may also make 24 26 substitutions. A substitution must be filed no later than 24 27 seventy-four days before the election. 24 28 Sec. 59. Section 56.5, subsection 4, Code 2003, is amended 24 29 to read as follows: 24 30 4. A list, by office and district, of all candidates who 24 31 have filed an affidavit of candidacy in the office of the 24 32secretary ofstate commissioner shall be prepared by the 24 33secretary ofstate commissioner and delivered to the board not 24 34 more than ten days after the last day for filing nomination 24 35 papers. 25 1 Sec. 60. Section 59.1, unnumbered paragraphs 2 and 3, Code 25 2 2003, are amended to read as follows: 25 3 A copy of the statement of notice of contest shall be filed 25 4 with thesecretary ofstate commissioner of elections within 25 5 five days of service of the notice upon the incumbent. The 25 6secretary ofstate commissioner of elections shall notify the 25 7 presiding officer of the house in which the contest will be 25 8 tried. 25 9 A special election for a seat in either house of the 25 10 general assembly may be contested. The contestant shall serve 25 11 notice on the incumbent in the manner described in this 25 12 section not later than twenty days after the state canvass of 25 13 votes for the election. A copy of the notice shall also be 25 14 filed with the presiding officer of the house in which the 25 15 contest is to be tried, if the general assembly is in session. 25 16 If the general assembly is not in session, a copy of the 25 17 notice shall be filed with thesecretary ofstate commissioner 25 18 of elections. Thesecretary ofstate commissioner of 25 19 elections shall notify the presiding officer of the house in 25 20 which the contest will be tried. 25 21 Sec. 61. Section 59.4, Code 2003, is amended to read as 25 22 follows: 25 23 59.4 RETURN OF DEPOSITIONS. 25 24 A copy of the statement, and of the notice for taking 25 25 depositions, with the service endorsed, and verified by 25 26 affidavit if not served by an officer, shall be returned to 25 27 the officer taking the depositions, and then, with the 25 28 depositions, shall be sealed up and transmitted to the 25 29secretary ofstate commissioner of elections, with an 25 30 endorsement thereon showing the nature of the papers, the 25 31 names of the contesting parties, and the branch of the general 25 32 assembly before whom the contest is to be tried. 25 33 Sec. 62. Section 59.7, Code 2003, is amended to read as 25 34 follows: 25 35 59.7 NOTICE OF RESULT. 26 1 The presiding officer of the house in which the contest was 26 2 tried shall certify to thesecretary ofstate commissioner of 26 3 elections the results of the contest. 26 4 Sec. 63. Section 60.2, Code 2003, is amended to read as 26 5 follows: 26 6 60.2 CLERK. 26 7 Thesecretary ofstate commissioner of elections shall be 26 8 the clerk of the court, or, in thesecretary of state'sstate 26 9 commissioner's absence or inability to act, the clerk of the 26 10 supreme court. 26 11 Sec. 64. Section 60.3, Code 2003, is amended to read as 26 12 follows: 26 13 60.3 OATH. 26 14 Each member of the court, before entering upon the 26 15 discharge of the member's duties, shall take an oath before 26 16 thesecretary ofstate commissioner of elections, or some 26 17 officer qualified to administer oaths, that the member will 26 18 support the Constitution of the United States and that of the 26 19 state of Iowa, and that, without fear, favor, affection, or 26 20 hope of reward, the member will, to the best of the member's 26 21 knowledge and ability, administer justice according to law and 26 22 the facts in the case. 26 23 Sec. 65. Section 60.4, Code 2003, is amended to read as 26 24 follows: 26 25 60.4 STATEMENT. 26 26 The contestant shall file the statement provided for in 26 27 chapter 62 in the office of thesecretary ofstate 26 28 commissioner of elections within two days from the day on 26 29 which the returns are canvassed by the state board of 26 30 canvassers and, within the same time, serve a copy of the 26 31 same, with a notice of the contest, on the incumbent in the 26 32 manner provided by the rules of civil procedure for service of 26 33 an original notice. 26 34 Sec. 66. Section 60.6, Code 2003, is amended to read as 26 35 follows: 27 1 60.6 JUDGMENT. 27 2 The judgment of the court shall determine which of the 27 3 parties to the action is entitled to hold the office and shall 27 4 be authenticated by the presiding judge and clerk of the court 27 5 and filed with thesecretary ofstate commissioner of 27 6 elections; and the judgment so rendered shall constitute a 27 7 final determination of the title to the office, and a 27 8 certificate of appointment shall be issued to the successful 27 9 party. 27 10 Sec. 67. Section 61.2, Code 2003, is amended to read as 27 11 follows: 27 12 61.2 CLERK. 27 13 Thesecretary ofstate commissioner of elections shall be 27 14 the clerk of this court; but if the person holding that office 27 15 is a party to the contest, the clerk of the supreme court, or, 27 16 in case of that person's absence or inability, the auditor of 27 17 state shall be clerk. 27 18 Sec. 68. Section 61.11, Code 2003, is amended to read as 27 19 follows: 27 20 61.11 SUBPOENAS DEPOSITIONS. 27 21 Thesecretary ofstate commissioner of elections, the 27 22 several clerks of the supreme and district courts, under their 27 23 respective seals of office, and either of the judges of the 27 24 supreme or district courts, under their hands, may issue 27 25 subpoenas for witnesses to attend this court; and disobedience 27 26 to such process may be treated as a contempt. Depositions may 27 27 also be taken as in the case of contested county elections. 27 28 Sec. 69. Section 68B.2, subsection 3, Code 2003, is 27 29 amended to read as follows: 27 30 3. "Board" means the Iowa elections, ethics, and campaign 27 31 disclosure board. 27 32 Sec. 70. Section 68B.32A, Code 2003, is amended by adding 27 33 the following new subsection: 27 34 NEW SUBSECTION. 15. Perform all duties as required and 27 35 directed by the state commissioner of elections as defined in 28 1 section 47.7. 28 2 Sec. 71. Section 331.510, subsection 2, Code 2003, is 28 3 amended to read as follows: 28 4 2. A report to thesecretary ofstate commissioner of 28 5 elections of the name, office, and term of office of each 28 6 appointed or elected county officer within ten days of the 28 7 officer's election or appointment and qualification. 28 8 Sec. 72. AMENDMENTS CHANGING TERMINOLOGY DIRECTIVE TO 28 9 CODE EDITOR. The Iowa Code editor is directed to strike the 28 10 words "ethics and campaign disclosure board" and insert the 28 11 words "elections, ethics, and campaign disclosure board" 28 12 wherever the words "ethics and campaign disclosure board" 28 13 appear in the Iowa Code, in any bills awaiting codification, 28 14 and in any bills enacted by the Eightieth General Assembly, 28 15 2003 Regular Session, unless a contrary intent is clearly 28 16 evident. 28 17 DIVISION III 28 18 ABSENTEE VOTING 28 19 Sec. 73. Section 53.2, unnumbered paragraph 1, Code 2003, 28 20 is amended to read as follows: 28 21 Any registered voter, under the circumstances specified in 28 22 section 53.1, mayon any day,except election day, andnot 28 23 more thanseventyforty-five days prior to the date of the 28 24 election, apply in person for an absentee ballot at the 28 25 commissioner's office or at any location designated by the 28 26 commissioner, or make written application to the commissioner 28 27 for an absentee ballot. Absentee ballot applications may only 28 28 be distributed by the commissioner's office. Absentee ballot 28 29 applications shall be distributed by the commissioner not more 28 30 than forty-five days and not less than eleven days before the 28 31 election. 28 32 PARAGRAPH DIVIDED. The state commissioner shall prescribe 28 33 a form for absentee ballot applications.However, if a28 34registered voter submits an application that includes all of28 35the information required in this section, the prescribed form29 1is not required.The application shall include a statement 29 2 that if the absentee ballot is not voted in person at the 29 3 commissioner's office or at a satellite absentee voting 29 4 station, the absentee ballot will be mailed to the voter not 29 5 more than eleven days before the election. Absentee ballot 29 6 applications may include instructions to send the application 29 7 directly to the county commissioner of elections. However, no 29 8 absentee ballot application shall be preaddressed or printed 29 9 with instructions to send the applications to anyone other 29 10 than the appropriate commissioner. An individual requesting 29 11 more than one absentee ballot application may only request a 29 12 number of applications equal to the number of registered 29 13 voters in the individual's household. 29 14 Sec. 74. Section 53.8, subsection 1, Code 2003, is amended 29 15 to read as follows: 29 16 1. Upon receipt of an application for an absentee ballot 29 17 andimmediately after the absentee ballots are printedno more 29 18 than eleven days before the election, the commissioner shall 29 19 mail an absentee ballot to the applicantwithin twenty-four29 20hours, except as otherwise provided in subsection 3. The 29 21 absentee ballot shall be enclosed in an unsealed envelope 29 22 bearing a serial number and affidavit. The absentee ballot 29 23 and unsealed envelope shall be enclosed in or with a carrier 29 24 envelope marked postage paid which bears the same serial 29 25 number as the unsealed envelope. The absentee ballot, 29 26 unsealed envelope, and carrier envelope shall be enclosed in a 29 27 third envelope to be sent to the registered voter. If the 29 28 ballot cannot be folded so that all of the votes cast on the 29 29 ballot will be hidden, the commissioner shall also enclose a 29 30 secrecy envelope with the absentee ballot. 29 31 Sec. 75. Section 53.8, subsection 2, Code 2003, is amended 29 32 to read as follows: 29 33 2. If an application is received so late that it is 29 34 unlikely that the absentee ballot can be returned in time to 29 35 be counted on election day, the commissioner shall enclose 30 1 with the absentee ballot a statement to that effect. The 30 2 statement shall also point out that it is possible for the 30 3 applicant, or the applicant's designee if the absentee ballot 30 4 is voted by a voter described in section 53.22, subsection 5, 30 5 to personally deliver the completed absentee ballot to the 30 6 office of the commissioner at any time before the closing of 30 7 the polls on election day. 30 8 Sec. 76. Section 53.17, subsection 1, Code 2003, is 30 9 amended to read as follows: 30 10 1. The sealed carrier envelope may be delivered by the 30 11 registered voter, or the voter's designee if the absentee 30 12 ballot is voted by a voter described in section 53.22, to the 30 13 commissioner's office no later than the time the polls are 30 14 closed on election day. 30 15 Sec. 77. Section 53.17, subsection 2, Code 2003, is 30 16 amended to read as follows: 30 17 2. The sealed carrier envelope may be mailed to the 30 18 commissioner.The carrier envelope shall indicate that30 19greater postage than ordinary first class mail may be30 20required. The commissioner shall pay any insufficient postage30 21due on a carrier envelope bearing ordinary first class postage30 22and accept the ballot.30 23 EXPLANATION 30 24 This bill makes changes to the law relating to elections 30 25 and voter registration. Division I of the bill contains Iowa 30 26 Code changes which, unless otherwise noted, are necessary to 30 27 comply with requirements of Public Law No. 107-252, the 30 28 federal Help America Vote Act of 2002. Division II of the 30 29 bill transfers duties relating to the conduct of elections and 30 30 voter registration from the office of secretary of state to 30 31 the Iowa ethics and campaign disclosure board. Division III 30 32 makes changes to the law relating to absentee voting. 30 33 DIVISION I Code section 47.1 is amended to require the 30 34 state commissioner of elections (secretary of state) to adopt, 30 35 by rule, administrative complaint procedures for resolution of 31 1 grievances relating to violations of those provisions of the 31 2 Help America Vote Act relating to uniform and 31 3 nondiscriminatory election technology and administration 31 4 requirements. 31 5 Code section 47.7 is amended to require the state registrar 31 6 of voters (secretary of state), on or before January 1, 2004, 31 7 or on or before January 1, 2006, if a federal waiver is 31 8 granted, to implement a centralized, computerized statewide 31 9 voter registration system. The statewide system must be 31 10 interactive with other agency computer databases in the state. 31 11 Code section 48A.36 is amended to conform to this requirement. 31 12 Code section 48A.11, relating to information required when 31 13 registering to vote, is amended to require that the first name 31 14 and any family forename or surname be included when providing 31 15 the registrant's name. That section is also amended to 31 16 require that the registrant provide the registrant's Iowa 31 17 driver's license number or, if not available, the last four 31 18 numerals of the registrant's social security number. If the 31 19 registrant does not have either an Iowa driver's license or 31 20 social security number, the registrar is to assign the 31 21 registrant an identification number for voter registration 31 22 purposes. Code section 48A.11 is amended to specify that the 31 23 requirement for the registrant's date of birth includes the 31 24 month, date, and year of birth. The section is amended to 31 25 require that the voter registration form ask the registrant if 31 26 the registrant is a citizen of the United States and if the 31 27 registrant will be 18 years old on or before election day. 31 28 The form shall contain a statement that if the registrant 31 29 answered "no" to either of those questions, the registrant is 31 30 not to complete the registration form. Finally, Code section 31 31 48A.11 is amended to add a new subsection providing that if 31 32 certain required information is not provided on the 31 33 registration form, the form shall not be processed and the 31 34 registrar shall mail an acknowledgment to the registrant 31 35 notifying the registrant that the registration could not be 32 1 processed. 32 2 New Code section 48A.25A requires the state registrar of 32 3 voters to verify the registrant's driver's license number or 32 4 the last four digits of the registrant's social security 32 5 number. If either number provided cannot be verified, the 32 6 state registrar shall reject the registration application and 32 7 the registrant shall be notified. If the information can be 32 8 verified, the registrar is to make a record of the source used 32 9 for verification. 32 10 Code section 48A.26, is amended to provide that if a voter 32 11 registration form lacking required information is received 32 12 during the 12 days before the close of registration, the 32 13 commissioner shall provide the registrant with an opportunity 32 14 to complete the form before the close of registration. 32 15 Code section 48A.28 is amended to change the time period 32 16 from four consecutive calendar years to two or more 32 17 consecutive general elections under which a commissioner 32 18 participating in the national change of address program is to 32 19 notify a registered voter if the voter has not voted after 32 20 registering or if the voter has not responded to a prior 32 21 notice mailed by the commissioner. 32 22 Code section 48A.38 is amended to require that a voter's 32 23 driver's license number be removed from a voter registration 32 24 list prepared at the request of any person. Current law 32 25 requires that the voter's social security number be removed. 32 26 Code section 49.68 is amended to require the state 32 27 commissioner to prepare two separate sets of instructions to 32 28 voters, rather than the current one. A second set is required 32 29 which is to contain instructions on the manner of marking 32 30 ballots only. The other set, which is to be known as the Iowa 32 31 voter bill of rights, is to contain instructions required by 32 32 current Code plus instructions on casting a provisional 32 33 ballot, instructions for first-time voters who registered by 32 34 mail, the appropriate official to contact if the voter 32 35 believes the voter's rights relating to voting have been 33 1 violated, polling place hours and the date of the election, 33 2 and information on federal and state laws which prohibit fraud 33 3 and misrepresentation related to voting. Code sections 49.70, 33 4 49.71, and 52.16 are amended to conform to the new requirement 33 5 that two separate sets of instructions be prepared. 33 6 Code section 49.73 is amended to change the time for 33 7 closing precinct polling places from 9 p.m. to 8 p.m. for all 33 8 elections. This change is not a requirement of the Help 33 9 America Vote Act. 33 10 Code section 49.77 is amended to require that all voters 33 11 show identification at the polls before being allowed to cast 33 12 a ballot. If a voter is confirmed to be a registered voter of 33 13 the precinct, but does not have the required identification, 33 14 the voter is allowed to cast a provisional ballot. The 33 15 identification required must be a current and valid photo 33 16 identification card or must be one of the following documents 33 17 showing the voter's name and current address: 33 18 1. Utility bill. 33 19 2. Bank statement. 33 20 3. Government check. 33 21 4. Other government document. 33 22 The Help America Vote Act requires that persons who register 33 23 to vote by mail must show proof of identification when voting 33 24 for the first time after registering. 33 25 Code sections 49.81, 50.20, and 50.21 are amended to change 33 26 the term "special ballot" to "provisional ballot" which is the 33 27 term used in the Help America Vote Act for a ballot cast by a 33 28 challenged voter. Code section 49.81 is also amended to 33 29 provide that when a challenged voter's ballot is not counted 33 30 the commissioner, when notifying the voter, shall notify the 33 31 voter by mail and shall inform the voter why the ballot was 33 32 not counted. 33 33 Code section 52.1 is amended to remove lever voting 33 34 machines as an acceptable voting machine in Iowa. Code 33 35 sections 49.44, 52.9, 52.10, 52.12, 52.16, 52.17, 52.20, 34 1 52.21, and 52.25 are amended to conform to this change. Code 34 2 sections 49.35, 52.11, 52.14, and 52.22 are repealed to 34 3 conform to this change. 34 4 Code section 52.2 is amended to provide that the state 34 5 commissioner may provide voting equipment to a county that is 34 6 required to replace its lever voting machines with a different 34 7 type of voting machine or voting system. 34 8 Code section 52.16 is amended to require the election 34 9 officials to print a report showing that the voter machine 34 10 counter is set at zero immediately before the polls open to 34 11 voters. 34 12 Code section 52.20 is amended to provide that if a voter 34 13 leaves the voting booth without having cast the ballot the 34 14 voter voted, the precinct election official shall cast the 34 15 ballot. 34 16 Code section 52.21 is amended to provide that write-in 34 17 votes cast for a person whose name appears on the ballot as a 34 18 candidate for that office shall not be counted. 34 19 Code section 52.23 is amended to require that at least one 34 20 additional copy of the printed canvass results from each 34 21 voting machine shall be signed by the precinct election 34 22 officials and delivered to the county commissioner. 34 23 Currently, more than one additional copy is required to be 34 24 delivered to the commissioner. 34 25 Code section 53.16 is amended to include the requirement 34 26 that a photocopy of identification required when voting in 34 27 person must be included with a voted absentee ballot. Code 34 28 section 53.31 is amended to provide that if required 34 29 identification is not included with the absentee ballot, the 34 30 ballot will be considered a provisional ballot. 34 31 New Code section 53.37A requires the state commissioner of 34 32 elections to provide information to members of the armed 34 33 forces of the United States on voter registration and absentee 34 34 ballot procedures. The section also requires the state 34 35 commissioner to accept voter registration applications and 35 1 absentee ballot applications from members of the armed forces 35 2 and to forward the applications to the appropriate county 35 3 commissioner of elections. 35 4 Code section 53.40 is amended to extend the time period 35 5 during which a commissioner is to mail absentee ballots to a 35 6 member of the armed forces after receiving the member's 35 7 initial application for an absentee ballot. The time period 35 8 is extended from one calendar year after receipt of the 35 9 application to the next two general elections after receipt of 35 10 the application. 35 11 Code section 53.53 is amended to provide that when the 35 12 state commissioner receives a federal write-in ballot, the 35 13 commissioner is to immediately forward it to the appropriate 35 14 county commissioner of elections. If the ballot is received 35 15 after election day but before noon on the Monday following the 35 16 election, the state commissioner, rather than the county 35 17 commissioner, is to verify that the ballot is eligible to be 35 18 counted and shall notify the appropriate county commissioner 35 19 and transmit the ballot. If the ballot is not to be counted, 35 20 the county commissioner is required to notify the voter and 35 21 give the reason why the ballot was not counted. 35 22 The sections of the division enacting new Code section 35 23 48A.25 and amending Code sections 48A.26, 48A.36, 49.68, 35 24 49.70, and 49.71, and that portion of section 52.16 relating 35 25 to voter instructions only, take effect January 1, 2004, or 35 26 January 1, 2006, if a waiver is granted pursuant to the 35 27 federal law. The remainder of the division takes effect upon 35 28 enactment. 35 29 DIVISION II Division II of the bill transfers duties 35 30 relating to conduct of elections and voter registration from 35 31 the office of secretary of state to the Iowa ethics and 35 32 campaign disclosure board. The ethics and campaign disclosure 35 33 board is renamed the elections, ethics, and campaign 35 34 disclosure board. Other related changes are provided to 35 35 transfer election-related duties from the secretary of state 36 1 to the state commissioner of elections. 36 2 DIVISION III Division III of the bill makes changes 36 3 relating to absentee voting procedures, including request and 36 4 delivery of absentee ballot applications, delivery of absentee 36 5 ballots to the voter, and delivery of completed absentee 36 6 ballots to the county commissioner of elections. 36 7 The bill provides that an absentee ballot application may 36 8 be requested no more than 45 days and no less than 11 days 36 9 before the election, rather than the current 70 days before 36 10 the election. The bill also provides that absentee ballot 36 11 applications may only be distributed by the county 36 12 commissioner's office. The bill strikes the provision that 36 13 allowed a voter to submit an application other than the 36 14 absentee ballot application prepared by the state commissioner 36 15 of elections if the voter's application contained certain 36 16 required information. The bill provides that an individual 36 17 requesting more than one absentee ballot application may only 36 18 request a number of applications equal to the number of 36 19 registered voters in the individual's household. The bill 36 20 also provides that the commissioner shall mail an absentee 36 21 ballot to a voter no more than 11 days before the election. 36 22 The bill provides that a sealed carrier envelope containing 36 23 an absentee ballot may only be delivered to the county 36 24 commissioner's office by the registered voter who completed 36 25 the ballot or by the voter's designee if the voter is a 36 26 confined person described in Code section 53.22. 36 27 The bill provides that the carrier envelope delivered to 36 28 the voter along with the absentee ballot and secrecy envelope 36 29 shall be marked postage paid. 36 30 LSB 2590XC 80 36 31 sc/cl/14
Text: SSB01118 Text: SSB01120 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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