Text: SSB03160 Text: SSB03162 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39A.4, subsection 1, paragraph c, Code 1 2 2003, is amended by adding the following new subparagraphs: 1 3 NEW SUBPARAGRAPH. (11) Returning a voted absentee ballot, 1 4 by mail or in person, to the commissioner's office and the 1 5 person returning the ballot is not the voter, a special 1 6 precinct election official designated pursuant to section 1 7 53.22, subsection 1, or the designee of a voter described in 1 8 section 53.22, subsection 5. 1 9 NEW SUBPARAGRAPH. (12) Making a false or untrue statement 1 10 reporting that a voted absentee ballot was returned to the 1 11 commissioner's office, by mail or in person, by a person other 1 12 than the voter, a special precinct election official 1 13 designated pursuant to section 53.22, subsection 1, or the 1 14 designee of a voter described in section 53.22, subsection 5. 1 15 Sec. 2. Section 47.1, Code Supplement 2003, is amended by 1 16 adding the following new unnumbered paragraph: 1 17 NEW UNNUMBERED PARAGRAPH. The state commissioner shall 1 18 adopt rules pursuant to chapter 17A, for the implementation of 1 19 uniform and nondiscriminatory administrative complaint 1 20 procedures for resolution of grievances relating to violations 1 21 of Title III of Pub. L. No. 107-252. In complaint proceedings 1 22 in which all of the respondents are local election officials, 1 23 the presiding officer shall be the state commissioner of 1 24 elections. In complaint proceedings in which one of the 1 25 respondents is the state commissioner of elections, the 1 26 presiding officer shall be a panel consisting of all members 1 27 of the state voter registration commission appointed pursuant 1 28 to section 47.8, except the state commissioner of elections or 1 29 the state commissioner's designee. 1 30 Sec. 3. Section 47.7, subsections 2, 3, and 4, Code 1 31 Supplement 2003, are amended by striking the subsections and 1 32 inserting in lieu thereof the following: 1 33 2. a. On or before January 1, 2006, the state registrar 1 34 of voters shall implement in a uniform and nondiscriminatory 1 35 manner, a single, uniform, official, centralized, interactive 2 1 computerized statewide voter registration file defined, 2 2 maintained, and administered at the state level that contains 2 3 the name and registration information of every legally 2 4 registered voter in the state and assigns a unique identifier 2 5 to each legally registered voter in the state. The state 2 6 voter registration system shall be coordinated with other 2 7 agency databases within the state, including, but not limited 2 8 to, the department of transportation driver's license records, 2 9 judicial records of convicted felons and persons declared 2 10 incompetent to vote, and department of public health records 2 11 of deceased persons. 2 12 b. On or after January 1, 2006, a county shall not 2 13 establish or maintain a voter registration system separate 2 14 from the state voter registration system. Each county shall 2 15 provide to the state registrar the names, voter registration 2 16 information, and voting history of each registered voter in 2 17 the county in the form required by the state registrar. 2 18 c. A state or local election official may obtain immediate 2 19 electronic access to the information contained in the 2 20 computerized voter registration file. All voter registration 2 21 information obtained by a local election official shall be 2 22 electronically entered into the computerized voter 2 23 registration file on an expedited basis at the time the 2 24 information is provided to the local election official. The 2 25 state registrar shall provide such support as may be required 2 26 to enable local election officials to electronically enter the 2 27 information into the computerized voter registration file on 2 28 an expedited basis. The list generated from the computerized 2 29 file shall serve as the official voter registration list for 2 30 the conduct of all elections for federal office in the state. 2 31 d. The state registrar shall prescribe by rule the 2 32 procedures for access to the state voter registration file, 2 33 security requirements, and access protocols for adding, 2 34 changing, or deleting information from the state voter 2 35 registration file. 3 1 Sec. 4. Section 47.8, Code Supplement 2003, is amended by 3 2 adding the following new subsection: 3 3 NEW SUBSECTION. 5. In complaint proceedings held pursuant 3 4 to section 47.1 in which one of the respondents is the state 3 5 commissioner of elections, the presiding officer shall be a 3 6 panel consisting of all members of the state voter 3 7 registration commission, except the state commissioner of 3 8 elections or the state commissioner's designee. 3 9 Sec. 5. Section 48A.8, Code 2003, is amended to read as 3 10 follows: 3 11 48A.8 REGISTRATION BY MAIL. 3 12 1. An eligible elector may register to vote by completing 3 13 a mail registration form. The form may be mailed or delivered 3 14 by the registrant or the registrant's designee to the 3 15 commissioner in the county where the person resides. A 3 16 separate registration form shall be signed by each individual 3 17 registrant. 3 18 2. An eligible elector who registers by mail and who has 3 19 not previously voted in an election for federal office in the 3 20 county of registration shall be required to provide 3 21 identification documents when voting for the first time in the 3 22 county, unless the registrant provided on the registration 3 23 form the registrant's Iowa driver's license number, or the 3 24 registrant's Iowa nonoperator's identification card number, or 3 25 the last four numerals of the registrant's social security 3 26 number and the driver's license, nonoperator's identification, 3 27 or partial social security number matches an existing state or 3 28 federal identification record with the same number, name, and 3 29 date of birth. If the registrant under this subsection votes 3 30 in person at the polls, or by absentee ballot at the 3 31 commissioner's office or at a satellite voting station, the 3 32 registrant shall provide a current and valid photo 3 33 identification card, or shall present to the appropriate 3 34 election official one of the following current documents that 3 35 shows the name and address of the registrant: 4 1 a. Utility bill. 4 2 b. Bank statement. 4 3 c. Paycheck. 4 4 d. Government check. 4 5 e. Other government document. 4 6 3. If the registrant under subsection 2 votes an absentee 4 7 ballot by mail, the registrant shall provide a photocopy of 4 8 one of the documents listed in subsection 2 when returning the 4 9 absentee ballot. 4 10 4. A registrant under subsection 2 who is required to 4 11 present identification when casting a ballot in person shall 4 12 be permitted to vote a provisional ballot if the voter does 4 13 not provide the required identification documents. If a voter 4 14 who is required to present identification when casting a 4 15 ballot votes an absentee ballot by mail, the ballot returned 4 16 by the voter shall be considered a provisional ballot pursuant 4 17 to sections 49.81 and 53.31. 4 18 Sec. 6. Section 48A.11, subsection 1, paragraph b, Code 4 19 2003, is amended to read as follows: 4 20 b. The registrant's name, including first name and any 4 21 family forename or surname. 4 22 Sec. 7. Section 48A.11, subsection 1, paragraph e, Code 4 23 2003, is amended by striking the paragraph and inserting in 4 24 lieu thereof the following: 4 25 e. Iowa driver's license number if the registrant has a 4 26 current and valid Iowa driver's license, Iowa nonoperator's 4 27 identification card if the registrant has a current and valid 4 28 Iowa nonoperator's identification card, or the last four 4 29 numerals of the registrant's social security number. If the 4 30 registrant does not have an Iowa driver's license number, an 4 31 nonoperator's identification card number, or a social security 4 32 number, the form shall provide space for a number to be 4 33 assigned as provided in subsection 7. 4 34 Sec. 8. Section 48A.11, subsection 1, paragraph f, Code 4 35 2003, is amended to read as follows: 5 1 f. Date of birth, including month, date, and year. 5 2 Sec. 9. Section 48A.11, Code 2003, is amended by adding 5 3 the following new subsection: 5 4 NEW SUBSECTION. 2A. The following questions and statement 5 5 regarding eligibility shall be included on forms that may be 5 6 used for registration by mail: 5 7 a. Are you a citizen of the United States of America? 5 8 b. Will you be eighteen years of age on or before election 5 9 day? 5 10 c. If you checked "no" in response to either of these 5 11 questions, do not complete this form. 5 12 Sec. 10. Section 48A.11, subsection 5, Code 2003, is 5 13 amended to read as follows: 5 14 5. All forms for voter registration shall be prescribedby5 15rule adoptedby the state voter registration commission. 5 16 Sec. 11. Section 48A.11, Code 2003, is amended by adding 5 17 the following new subsection: 5 18 NEW SUBSECTION. 7. A voter registration application 5 19 lacking the registrant's name, sex, date of birth, or 5 20 residence address or description shall not be processed. A 5 21 voter registration application lacking the registrant's 5 22 driver's license number, Iowa nonoperator's identification 5 23 card number, or the last four digits of the registrant's 5 24 social security number shall not be processed. A registrant 5 25 whose registration is not processed pursuant to this 5 26 subsection shall be notified pursuant to section 48A.26, 5 27 subsection 3. A registrant who does not have an Iowa driver's 5 28 license number, an Iowa nonoperator's identification number, 5 29 or a social security number and who notifies the registrar of 5 30 such shall be assigned a unique identifying number that shall 5 31 serve to identify the registrant for voter registration 5 32 purposes. 5 33 Sec. 12. NEW SECTION. 48A.25A VERIFICATION OF VOTER 5 34 REGISTRATION INFORMATION. 5 35 Upon receipt of an application for voter registration by 6 1 mail, the state registrar of voters shall compare the driver's 6 2 license number, the Iowa nonoperator's identification card 6 3 number, or the last four numerals of the social security 6 4 number provided by the registrant with the records of the 6 5 state department of transportation. To be verified, the voter 6 6 registration record shall contain the same name, date of 6 7 birth, and driver's license or whole or partial social 6 8 security number as the records of the department of 6 9 transportation. If the information cannot be verified, the 6 10 application shall be rejected and the registrant shall be 6 11 notified of the reason for the rejection. If the information 6 12 can be verified, a record shall be made of the verification 6 13 and the application shall be accepted. 6 14 The voter registration commission shall adopt rules in 6 15 accordance with chapter 17A to provide procedures for 6 16 processing registration applications if the department of 6 17 transportation does not, before the close of registration for 6 18 an election for which the voter registration would be 6 19 effective, if verified, provide a report that the information 6 20 on the application has matched or not matched the records of 6 21 the department. 6 22 This section does not apply to persons entitled to register 6 23 to vote and to vote pursuant to section 48A.5, subsection 4. 6 24 Sec. 13. Section 48A.26, subsection 3, Code 2003, is 6 25 amended to read as follows: 6 26 3. If the registration form is missing required 6 27 information pursuant to section 48A.11, subsection 7, the 6 28 acknowledgment shall advise the applicant what additional 6 29 information is required. The commissioner shall enclose a new 6 30 registration by mail form for the applicant to use. If the 6 31 registration form has no address, the commissioner shall make 6 32 a reasonable effort to determine where the acknowledgment 6 33 should be sent. If the incomplete application is received 6 34 during the twelve days before the close of registration for an 6 35 election, the commissioner shall provide the registrant with 7 1 an opportunity to complete the form before the close of 7 2 registration. 7 3 Sec. 14. Section 48A.26, Code 2003, is amended by adding 7 4 the following new subsections: 7 5 NEW SUBSECTION. 3A. If the registrant applied by mail to 7 6 register to vote and did not answer either "yes" or "no" to 7 7 the question in section 48A.11, subsection 2A, paragraph "a", 7 8 the application shall be processed, but the registration shall 7 9 be designated as valid only for elections that do not include 7 10 candidates for federal offices on the ballot. The 7 11 acknowledgment shall advise the applicant that the status of 7 12 the registration is local and the reason for the registration 7 13 being assigned local status. The commissioner shall enclose a 7 14 new registration by mail form for the applicant to use. If 7 15 the original application is received during the twelve days 7 16 before the close of registration for an election that includes 7 17 candidates for federal offices on the ballot, the commissioner 7 18 shall provide the registrant with an opportunity to complete 7 19 the form before the close of registration. 7 20 NEW SUBSECTION. 3B. If the registrant applied by mail to 7 21 register to vote and answered "no" to the question in section 7 22 48A.11, subsection 2A, paragraph "a", the application shall 7 23 not be processed. The acknowledgement shall advise the 7 24 applicant that the registration has been rejected because the 7 25 applicant indicated on the registration form that the 7 26 applicant is not a citizen of the United States. 7 27 Sec. 15. Section 48A.28, subsection 2, unnumbered 7 28 paragraph 2, Code 2003, is amended to read as follows: 7 29 A commissioner participating in the national change of 7 30 address program, in the first quarter of each calendar year, 7 31 shall send a notice and preaddressed, postage paid return card 7 32 by forwardable mail to each registered voter whose name was 7 33 not reported by the national change of address program and who 7 34 has not voted,in two or more consecutive general elections 7 35 and has not registered again, or who has not reported a change 8 1 to an existing registration, or who has not responded to a 8 2 notice from the commissioner or registrar during thepreceding8 3four calendar yearsperiod between and following the previous 8 4 two general elections. The form and language of the notice 8 5 and return card shall be specified by the state voter 8 6 registration commission by rule. A registered voter shall not 8 7 be sent a notice and return card under this subsection more 8 8 frequently than once in a four-year period. 8 9 Sec. 16. Section 48A.36, subsection 2, Code 2003, is 8 10 amended to read as follows: 8 11 2. Upon receipt of electronic registration data under 8 12 subsection 1, the state registrar of votersmayshall cause 8 13 the updating of registration recordsfor registrants in8 14counties which have arranged for data processing services8 15under section 47.7, subsection 2. The registrar shall notify 8 16 the appropriate commissioner of the actions taken. 8 17 Sec. 17. Section 48A.37, subsection 2, Code 2003, is 8 18 amended to read as follows: 8 19 2. Electronic records shall include a status code 8 20 designating whether the records are active,orinactive, 8 21 local, or pending. Inactive records are records of registered 8 22 voters to whom notices have been sent pursuant to section 8 23 48A.28, subsection 3, and who have not returned the card or 8 24 otherwise responded to the notice, and those records have been 8 25 designated inactive pursuant to section 48A.29. Local records 8 26 are records of applicants who did not answer either "yes" or 8 27 "no" to the question in section 48A.11, subsection 2A, 8 28 paragraph "a". Pending records are records of applicants 8 29 whose applications have not been verified pursuant to section 8 30 48A.25A. All other records are active records. An inactive 8 31 record shall be made active when the registered voter votes at 8 32 an election, registers again, or reports a change of name, 8 33 address, telephone number, or political party affiliation. A 8 34 pending record shall be made active upon verification. A 8 35 local record shall be valid for any election for which no 9 1 candidates for federal office appear on the ballot, but the 9 2 registrant may not vote in a federal election unless the 9 3 registrant submits a new voter registration application before 9 4 election day indicating that the applicant is a citizen of the 9 5 United States. 9 6 Sec. 18. Section 48A.38, subsection 1, paragraph f, Code 9 7 2003, is amended to read as follows: 9 8 f. The county commissioner of registration and the state 9 9 registrar of voters shall remove a voter's social security 9 10 number, driver's license number, or Iowa nonoperator's 9 11 identification card number from a voter registration list 9 12 prepared pursuant to this section. 9 13 Sec. 19. Section 49.81, Code 2003, is amended to read as 9 14 follows: 9 15 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL 9 16 BALLOT. 9 17 1. A prospective voter who is prohibited under section 9 18 48A.8, subsection 4, section 49.77, subsection 4, or section 9 19 49.80 from voting except under this section shall bepermitted9 20tonotified by the appropriate precinct election official that 9 21 the voter may cast apaperprovisional ballot. If a booth 9 22 meeting the requirement of section 49.25 is not available at 9 23 that polling place, the precinct election officials shall make 9 24 alternative arrangements to insure the challenged voter the 9 25 opportunity to vote in secret. The marked ballot, folded as 9 26 required by section 49.84, shall be delivered to a precinct 9 27 election official who shall immediately seal it in an envelope 9 28 of the type prescribed by subsection 4. The sealed envelope 9 29 shall be deposited ina specialan envelope marked"ballots9 30for special precinct""provisional ballots" and shall be 9 31 considered as having been cast in the special precinct 9 32 established by section 53.20 for purposes of the postelection 9 33 canvass. 9 34 2. Each person who casts aspecialprovisional ballot 9 35 under this section shall receive a printed statement in 10 1 substantially the following form: 10 2 Your qualifications as a registered voter have been 10 3 challenged for the following reasons: 10 4 I. ................................................. 10 5 II. ................................................. 10 6 III. ................................................. 10 7 You must show identification before your ballot can be 10 8 counted. Please bring or mail a copy of a current and valid 10 9 photo identification card to the county commissioners office 10 10 or bring or mail a copy of one of the following current 10 11 documents that show your name and address: 10 12 a. Utility bill. 10 13 b. Bank statement. 10 14 c. Paycheck. 10 15 d. Government check. 10 16 e. Other government document. 10 17 PARAGRAPH DIVIDED. Your right to vote will be reviewed by 10 18 the special precinct counting board on ...... You have the 10 19 right and are encouraged to make a written statement and 10 20 submit additional written evidence to this board supporting 10 21 your qualifications as a registered voter. This written 10 22 statement and evidence may be given to an election official of 10 23 this precinct on election day or mailed or delivered to the 10 24 county commissioner of elections, but must be received before 10 25 .... a.m./p.m. on ...... at ...... If your ballot is not 10 26 counted you will receive, by mail, notification of this fact 10 27 and the reason that the ballot was not counted. 10 28 3. Any elector may present written statements or 10 29 documents, supporting or opposing the counting of anyspecial10 30 provisional ballot, to the precinct election officials on 10 31 election day, until the hour for closing the polls. Any 10 32 statements or documents so presented shall be delivered to the 10 33 commissioner when the election supplies are returned. 10 34 4. The individual envelopes used for eachpaper10 35 provisional ballot cast pursuant to subsection 1 shall have 11 1 printed on themthe format of the face of the registration11 2form under section 48A.8 andthe following: 11 3 I believe I am a registered voter of thisprecinctcounty 11 4 and I am eligible to vote in this election. I registered to 11 5 vote in ...... county on or about ...... at ....... My name at 11 6 that time was ....... I have not moved to a different county 11 7 since that time. I am a United States citizen, at least 11 8 eighteen years of age. 11 9 ............................ 11 10 (signature of voter) (date) 11 11 The following information is to be provided by the precinct 11 12 election official: 11 13 Reason for challenge: 11 14 .................................. 11 15 .................................. 11 16 Did not present required identification form. 11 17 ............................ 11 18 (signature of precinct 11 19 election official) 11 20 The precinct election official shall attach a completed 11 21 voter registration form from each provisional voter unless the 11 22 person's registration status is listed in the election 11 23 register as pending. 11 24 Sec. 20. Section 49.98, Code 2003, is amended to read as 11 25 follows: 11 26 49.98 COUNTING BALLOTS. 11 27 The ballots shall be counted according to the voters' marks 11 28 on them as provided in sections 49.92 to 49.97, and not 11 29 otherwise. If, for any reason, it is impossible to determine 11 30 from a ballot, as marked, the choice of the voter for any 11 31 office, the vote for that office shall not be counted. When 11 32 there is a conflict between a straight party or organization 11 33 vote for one political party or nonparty political 11 34 organization and the vote cast by marking the voting target 11 35 next to the name of a candidate for another political party or 12 1 nonparty political organization on the ballot, the mark next 12 2 to the name of the candidate shall be held to control, and the 12 3 straight party or organization vote in that case shall not 12 4 apply as to that office.Any ballot shall be rejected if it12 5is marked in any other manner than authorized in sections12 649.92 to 49.97.A ballot shall be rejected if the voter used 12 7 a mark to identify the voter's ballot. For each voting 12 8 system, the state commissioner shall, by rule adopted pursuant 12 9 to chapter 17A, develop uniform definitions of what 12 10 constitutes a vote. 12 11 Sec. 21. Section 50.20, Code 2003, is amended to read as 12 12 follows: 12 13 50.20 NOTICE OF NUMBER OFSPECIALPROVISIONAL BALLOTS. 12 14 The commissioner shall compile a list of the number of 12 15specialprovisional ballots cast under section 49.81 in each 12 16 precinct. The list shall be made available to the public as 12 17 soon as possible, but in no case later than nine o'clock a.m. 12 18 on the second day following the election. Any elector may 12 19 examine the list during normal office hours, and may also 12 20 examine the affidavit envelopes bearing the ballots of 12 21 challenged electors until the reconvening of the special 12 22 precinct board as required by this chapter. Only those 12 23 persons so permitted by section 53.23, subsection 4, shall 12 24 have access to the affidavits while that board is in session. 12 25 Any elector may present written statements or documents, 12 26 supporting or opposing the counting of any special ballot, at 12 27 the commissioner's office until the reconvening of the special 12 28 precinct board. 12 29 Sec. 22. Section 50.21, unnumbered paragraph 2, Code 2003, 12 30 is amended to read as follows: 12 31 If nospecialprovisional ballots were cast in the county 12 32 pursuant to section 49.81 at any election, the special 12 33 precinct election board need not be so reconvened. If the 12 34 number ofspecialprovisional ballotssocast at any election 12 35 is not sufficient to require reconvening of the entire 13 1 election board of the special precinct, the commissioner may 13 2 reconvene only the number of members required. If the number 13 3 ofspecialprovisional ballots cast at any election exceeds 13 4 the number of absentee ballots cast, the size of the special 13 5 precinct election board may be increased at the commissioner's 13 6 discretion. The commissioner shall observe the requirements 13 7 of sections 49.12 and 49.13 in making adjustments to the size 13 8 of the special precinct election board. 13 9 Sec. 23. Section 52.2, Code 2003, is amended to read as 13 10 follows: 13 11 52.2 PURCHASE. 13 12 The board of supervisors ofanya county may, by a majority 13 13 vote, authorize, purchase, and order the use ofeithervoting 13 14 machines or an electronic voting system in any one or more 13 15 voting precincts withinsaidthe county until otherwise 13 16 ordered bysaidthe board of supervisors. Voting machines and 13 17 an electronic voting system may be used concurrentlyat13 18different precincts within any county, but notat the same 13 19 precinct. 13 20 Sec. 24. Section 53.2, unnumbered paragraph 1, Code 2003, 13 21 is amended to read as follows: 13 22 Any registered voter, under the circumstances specified in 13 23 section 53.1, may on any day, except election day, and not 13 24 more than seventy days prior to the date of the election, 13 25 apply in person for an absentee ballot at the commissioner's 13 26 office or at any location designated by the commissioner, or 13 27 make written application to the commissioner for an absentee 13 28 ballot. A written application for an absentee ballot 13 29 delivered to the commissioner and received by the commissioner 13 30 more than seventy days prior to the date of the election shall 13 31 be retained by the commissioner and processed in the same 13 32 manner as a written application received not more than seventy 13 33 days before the date of the election. 13 34 PARAGRAPH DIVIDED. The state commissioner shall prescribe 13 35 a form for absentee ballot applications.However, if a14 1registered voter submits an application that includes all of14 2the information required in this section, the prescribed form14 3is not required.Absentee ballot applications may include 14 4 instructions to send the application directly to the county 14 5 commissioner of elections. However, no absentee ballot 14 6 application shall be preaddressed or printed with instructions 14 7 to send the applications to anyone other than the appropriate 14 8 commissioner. 14 9 Sec. 25. Section 53.2, Code 2003, is amended by adding the 14 10 following new unnumbered paragraph: 14 11 NEW UNNUMBERED PARAGRAPH. An application for an absentee 14 12 ballot that is returned to the commissioner by a person acting 14 13 as an actual or implied agent for a political party, 14 14 candidate, or committee, all as defined by chapter 68A, shall 14 15 be returned to the commissioner within seventy-two hours of 14 16 the time the completed application was received from the 14 17 applicant. 14 18 Sec. 26. NEW SECTION. 53.3 RECEIPT REQUIRED FOR CERTAIN 14 19 ABSENTEE BALLOT APPLICATIONS. 14 20 When an application for an absentee ballot is solicited by, 14 21 and returned to the commissioner by, a person acting as an 14 22 actual or implied agent for a political party, candidate, or 14 23 committee, as defined by chapter 68A, the person shall issue 14 24 to the applicant a receipt for the completed application. 14 25 The receipt shall contain the following information: 14 26 1. The name of the applicant. 14 27 2. The date and time the completed application was 14 28 received from the applicant. 14 29 3. The name and date of the election for which the 14 30 application is being completed. 14 31 4. The name of the political party, candidate, or 14 32 committee for whom the person is soliciting and returning the 14 33 application for the absentee ballot. 14 34 5. The name of the person acting as an actual or implied 14 35 agent for the political party, candidate, or committee. 15 1 6. A statement that the application will be delivered to 15 2 the appropriate commissioner within seventy-two hours of the 15 3 date and time the completed application was received from the 15 4 applicant. 15 5 7. A statement that an absentee ballot will by mailed to 15 6 the applicant within twenty-four hours after the ballot for 15 7 the election is available. 15 8 The commissioner shall make receipt forms required by this 15 9 section available for photocopying at the expense of the 15 10 political party, candidate, or committee. 15 11 Sec. 27. Section 53.8, subsection 1, Code 2003, is amended 15 12 to read as follows: 15 13 1. Upon receipt of an application for an absentee ballot 15 14 and immediately after the absentee ballots are printed, the 15 15 commissioner shall mail an absentee ballot to the applicant 15 16 within twenty-four hours, except as otherwise provided in 15 17 subsection 3. The absentee ballot shall be enclosed in an 15 18 unsealed envelope bearing a serial number and affidavit. The 15 19 absentee ballot and unsealed envelope shall be enclosed in or 15 20 with a carrier envelope marked postage paid which bears the 15 21 same serial number as the unsealed envelope. The absentee 15 22 ballot, unsealed envelope, and carrier envelope shall be 15 23 enclosed in a third envelope to be sent to the registered 15 24 voter. If the ballot cannot be folded so that all of the 15 25 votes cast on the ballot will be hidden, the commissioner 15 26 shall also enclose a secrecy envelope with the absentee 15 27 ballot. 15 28 Sec. 28. Section 53.8, subsection 2, Code 2003, is amended 15 29 to read as follows: 15 30 2. If an application is received so late that it is 15 31 unlikely that the absentee ballot can be returned in time to 15 32 be counted on election day, the commissioner shall enclose 15 33 with the absentee ballot a statement to that effect. The 15 34 statement shall also point out that it is possible for the 15 35 applicant, or the applicant's designee if the absentee ballot 16 1 is voted by a voter described in section 53.22, subsection 5, 16 2 to personally deliver the completed absentee ballot to the 16 3 office of the commissioner at any time before the closing of 16 4 the polls on election day. 16 5 Sec. 29. Section 53.17, subsection 1, Code 2003, is 16 6 amended to read as follows: 16 7 1. The sealed carrier envelope may be delivered by the 16 8 registered voter, by the special precinct election officials 16 9 designated pursuant to section 53.22, subsection 1, or by the 16 10 voter's designee if the absentee ballot is voted by a voter 16 11 described in section 53.22, subsection 5, to the 16 12 commissioner's office no later than the time the polls are 16 13 closed on election day. 16 14 Sec. 30. Section 53.17, subsection 2, Code 2003, is 16 15 amended to read as follows: 16 16 2. The sealed carrier envelope may be mailed to the 16 17 commissioner by the registered voter, or by the voter's 16 18 designee if the ballot is voted by a voter described in 16 19 section 53.22, subsection 5.The carrier envelope shall16 20indicate that greater postage than ordinary first class mail16 21may be required. The commissioner shall pay any insufficient16 22postage due on a carrier envelope bearing ordinary first class16 23postage and accept the ballot.16 24 Sec. 31. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES. 16 25 The state commissioner of elections shall provide 16 26 information regarding voter registration procedures and 16 27 absentee ballot procedures to be used by members of the armed 16 28 forces of the United States. The state commissioner shall 16 29 accept valid voter registration applications and absentee 16 30 ballot applications and shall forward the applications to the 16 31 appropriate county commissioner of elections in a timely 16 32 manner. 16 33 Sec. 32. Section 53.40, unnumbered paragraph 1, Code 2003, 16 34 is amended to read as follows: 16 35 A request in writing for a ballot may be made by any member 17 1 of the armed forces of the United States who is or will be a 17 2 qualified voter on the day of the election at which the ballot 17 3 is to be cast, at any time before the election. Any member of 17 4 the armed forces of the United States may request ballots for 17 5 all elections to be heldwithin a calendar yearthrough the 17 6 next two general elections. The request may be made by using 17 7 the federal postcard application form and indicating that the 17 8 applicant wishes to receive ballots for all elections as 17 9 permitted by state law. The county commissioner shall send 17 10 the applicant a ballot for each election heldduring the17 11calendar year in whichafter the application is received and 17 12 through the next two general elections. The commissioner 17 13 shall forward a copy of the absentee ballot request to other 17 14 commissioners who are responsible under section 47.2, 17 15 subsection 2, for conducting elections in which the applicant 17 16 is eligible to vote. 17 17 Sec. 33. Section 53.53, Code 2003, is amended by adding 17 18 the following new unnumbered paragraphs: 17 19 NEW UNNUMBERED PARAGRAPH. A federal write-in ballot 17 20 received by the state commissioner of elections shall be 17 21 forwarded immediately to the appropriate county commissioner. 17 22 However, if the state commissioner receives a federal write-in 17 23 ballot after election day and before noon on the Monday 17 24 following an election, the state commissioner shall at once 17 25 verify that the voter has complied with the requirements of 17 26 this section and that the voter's federal write-in ballot is 17 27 eligible to be counted. If the ballot is eligible to be 17 28 counted, the state commissioner shall notify the appropriate 17 29 county commissioner and make arrangements for the ballot to be 17 30 transmitted to the county for counting. If the ballot is not 17 31 eligible to be counted, the state commissioner shall mail the 17 32 ballot to the appropriate commissioner along with notification 17 33 that the ballot is ineligible to be counted. The county 17 34 commissioner shall keep the ballot with the other records of 17 35 the election. 18 1 NEW UNNUMBERED PARAGRAPH. The county commissioner shall 18 2 notify a voter when the voter's federal write-in ballot was 18 3 not counted and shall give the voter the reason the ballot was 18 4 not counted. 18 5 Sec. 34. IMMEDIATE EFFECTIVE DATE. This Act, being deemed 18 6 of immediate importance, takes effect upon enactment. 18 7 EXPLANATION 18 8 This bill makes changes to the law relating to elections, 18 9 absentee voting, and voter registration. The bill contains 18 10 Code language changes which, unless otherwise noted, are 18 11 necessary to comply with requirements of Public Law No. 107- 18 12 252, the Help America Vote Act of 2002. 18 13 Code section 39A.4 is amended to provide that an 18 14 unauthorized person who returns, by mail or in person, a voted 18 15 absentee ballot commits election misconduct in the third 18 16 degree. The section is further amended to provide that a 18 17 person who makes a false or untrue statement reporting that a 18 18 voted absentee ballot was returned, by mail or in person, by 18 19 an unauthorized person commits election misconduct in the 18 20 third degree. Election misconduct in the third degree is a 18 21 serious misdemeanor. The amendments to Code section 39A.4 are 18 22 not required by the Help America Vote Act. 18 23 Code section 47.1 is amended to require the state 18 24 commissioner of elections (secretary of state) to adopt, by 18 25 rule, administrative complaint procedures for resolution of 18 26 grievances relating to violations of those provisions of the 18 27 Help America Vote Act relating to uniform and 18 28 nondiscriminatory election technology and administration 18 29 requirements. 18 30 Code section 47.1 is also amended to designate the 18 31 presiding officer in complaint proceedings. A conforming 18 32 amendment is made to Code section 47.8. 18 33 Code section 47.7 is amended to require the state registrar 18 34 of voters (secretary of state), on or before January 1, 2006, 18 35 to implement a centralized, computerized statewide voter 19 1 registration system. The statewide system must be interactive 19 2 with other agency computer databases in the state. Code 19 3 section 48A.36 is amended to conform to this requirement. 19 4 Code section 48A.8 is amended to provide that an eligible 19 5 elector who registers by mail and who has not previously voted 19 6 in an election for federal office in the county of 19 7 registration shall be required to present identification when 19 8 voting for the first time unless the voter provided the 19 9 voter's Iowa driver's license number, or the voter's Iowa 19 10 nonoperator's identification card number, or the last four 19 11 numerals of the voter's social security number on the 19 12 registration form and those numbers were subsequently 19 13 verified. If the voter votes an absentee ballot by mail, the 19 14 voter is required to include a photocopy of one of the 19 15 optional forms of identification with the ballot. If the 19 16 required identification is not provided, the voter will be 19 17 allowed to vote a provisional ballot or, if voting an absentee 19 18 ballot by mail, the absentee ballot shall be considered a 19 19 provisional ballot. 19 20 Code section 48A.11, relating to information required when 19 21 registering to vote, is amended to require that the first name 19 22 and any family forename or surname be included when providing 19 23 the registrant's name. That section is also amended to 19 24 require that the registrant provide the registrant's Iowa 19 25 driver's license number or Iowa nonoperator's identification 19 26 card number or, if not available, the last four numerals of 19 27 the registrant's social security number. If the registrant 19 28 does not have an Iowa driver's license, Iowa nonoperator's 19 29 identification card, or social security number, the registrar 19 30 is to assign the registrant an identification number for voter 19 31 registration purposes. Code section 48A.11 is amended to 19 32 specify that the requirement for the registrant's date of 19 33 birth includes the month, date, and year of birth. 19 34 Code section 48A.11 is amended to require that the mail 19 35 voter registration form ask the registrant if the registrant 20 1 is a citizen of the United States and if the registrant will 20 2 be 18 years old on or before election day. The form shall 20 3 contain a statement that if the registrant answered "no" to 20 4 either of those questions, the registrant is not to complete 20 5 the registration form. The Code section is amended to add a 20 6 new subsection providing that if certain required information 20 7 is not provided on the registration form, the form shall not 20 8 be processed and the registrar shall mail an acknowledgment to 20 9 the registrant notifying the registrant that the registration 20 10 could not be processed. 20 11 The amendment to Code section 48A.11, striking the 20 12 requirement that the state voter registration commission 20 13 prescribe voter registration forms by rule, is not required by 20 14 the Help America Vote Act. 20 15 New Code section 48A.25A requires the state registrar of 20 16 voters to verify the registrant's driver's license number, 20 17 nonoperator's identification card number, or the last four 20 18 digits of the registrant's social security number. If the 20 19 number provided cannot be verified, the state registrar shall 20 20 reject the registration application and the registrant shall 20 21 be notified. If the information can be verified, the 20 22 registrar is to make a record of the verification. The 20 23 section is also amended to require the voter registration 20 24 commission to adopt rules to provide procedures for processing 20 25 registration applications in certain circumstances. The bill 20 26 provides that new Code section 48A.25A does not apply to 20 27 registrants living outside the United States. 20 28 Code section 48A.26, is amended to provide that if a voter 20 29 registration form lacking required information is received 20 30 during the 12 days before the close of registration, the 20 31 commissioner shall provide the registrant with an opportunity 20 32 to complete the form before the close of registration. The 20 33 Code section is also amended to provide that registrants whose 20 34 registration status is local shall be notified of such status, 20 35 and provided an opportunity to submit another registration 21 1 before the close of registration for elections with federal 21 2 offices on the ballot. Finally, Code section 48A.26 is 21 3 amended to provide that if a registrant applied by mail to 21 4 register to vote and answered "no" to the question relating to 21 5 United States citizenship, the application shall not be 21 6 processed and the acknowledgement shall inform the applicant 21 7 why the application was not processed. 21 8 Code section 48A.28 is amended to change the time period 21 9 from four consecutive calendar years to two or more 21 10 consecutive general elections under which a commissioner 21 11 participating in the national change of address program is to 21 12 notify a registered voter if the voter has not voted after 21 13 registering or if the voter has not responded to a prior 21 14 notice mailed by the commissioner. 21 15 Code section 48A.37 is amended to add voter registration 21 16 status codes of "local" and "pending" to describe those 21 17 registrations by mail that did not answer the question of 21 18 United States citizenship or who provide incomplete 21 19 information on the voter registration form, respectively. 21 20 Code section 48A.38 is amended to require that a voter's 21 21 driver's license number or Iowa nonoperator's identification 21 22 card number be removed from a voter registration list prepared 21 23 at the request of any person. Current law requires that the 21 24 voter's social security number be removed. 21 25 Code sections 49.81, 50.20, and 50.21 are amended to change 21 26 the term "special ballot" to "provisional ballot" which is the 21 27 term used in the Help America Vote Act for a ballot cast by a 21 28 challenged voter. Code section 49.81 is also amended to 21 29 provide that when a challenged voter's ballot is not counted 21 30 the commissioner, when notifying the voter, shall notify the 21 31 voter by mail and shall inform the voter why the ballot was 21 32 not counted. The section is also amended to provide 21 33 notification to the voter pertaining to identification 21 34 requirements. 21 35 Code section 49.98, relating to counting ballots, is 22 1 amended to require the state commissioner of elections to 22 2 adopt rules providing uniform definitions of what constitutes 22 3 a vote. 22 4 Code section 52.2, relating to the purchase of voting 22 5 machines or electronic voting systems, is amended to allow 22 6 voting machines and electronic voting systems to be used 22 7 concurrently at the same precinct. 22 8 Code section 53.2 is amended to strike the provision that 22 9 allows a voter to submit an absentee ballot application other 22 10 than the application prepared by the state commissioner of 22 11 elections. Code section 53.2 is further amended to provide 22 12 that absentee ballot applications delivered to, and received 22 13 by, the commissioner of elections more than 70 days before the 22 14 election shall be retained by the commissioner and processed 22 15 in the same manner as applications received not more than 70 22 16 days before the election. Code section 53.2 is also amended 22 17 to provide that a completed application for an absentee ballot 22 18 returned by a person acting on behalf of a political party, a 22 19 candidate, or a political committee or a candidate's committee 22 20 shall be returned to the commissioner's office within 72 hours 22 21 of the time the completed application was received from the 22 22 applicant. These amendments to Code section 53.2 are not 22 23 required by the Help America Vote Act. 22 24 New Code section 53.3 is enacted to provide that when an 22 25 application for an absentee ballot is solicited by, and 22 26 returned to the commissioner's office by, a person acting on 22 27 behalf of a political party, a candidate, or a political 22 28 committee or a candidate's committee, the person soliciting 22 29 and returning the application must give the applicant a 22 30 receipt for the completed application. The bill further 22 31 provides that the county commissioner of elections is to make 22 32 receipt forms available for photocopying at the expense of the 22 33 political party, candidate, or committee. New Code section 22 34 53.3 is not required by the Help America Vote Act. 22 35 Code section 53.8 is amended to provide that each carrier 23 1 envelope mailed along with an absentee ballot shall be marked 23 2 "postage paid" by the commissioner of elections. Code section 23 3 53.17 is amended to conform to this change. These amendments 23 4 to Code sections 53.8 and 53.17 are not required by the Help 23 5 America Vote Act. 23 6 Code section 53.17 is amended to provide that a voted 23 7 absentee ballot may be returned to the commissioner's office 23 8 only by the voter, or by the special precinct election 23 9 officials designated to deliver and return absentee ballots on 23 10 behalf of a person confined in a health facility, or by a 23 11 person designated by the voter if the voter was confined in a 23 12 health facility outside of the voter's county of residence 23 13 within three days of the election. 23 14 New Code section 53.37A requires the state commissioner of 23 15 elections to provide information to members of the armed 23 16 forces of the United States on voter registration and absentee 23 17 ballot procedures. The section also requires the state 23 18 commissioner to accept voter registration applications and 23 19 absentee ballot applications from members of the armed forces 23 20 and to forward the applications to the appropriate county 23 21 commissioner of elections. 23 22 Code section 53.40 is amended to extend the time period 23 23 during which a commissioner is to mail absentee ballots to a 23 24 member of the armed forces after receiving the member's 23 25 initial application for an absentee ballot. The time period 23 26 is extended from one calendar year after receipt of the 23 27 application to the next two general elections after receipt of 23 28 the application. 23 29 Code section 53.53 is amended to provide that when the 23 30 state commissioner receives a federal write-in ballot, the 23 31 commissioner is to immediately forward it to the appropriate 23 32 county commissioner of elections. If the ballot is received 23 33 after election day but before noon on the Monday following the 23 34 election, the state commissioner, rather than the county 23 35 commissioner, is to verify that the ballot is eligible to be 24 1 counted and shall notify the appropriate county commissioner 24 2 and transmit the ballot. If the ballot is not to be counted, 24 3 the county commissioner is required to notify the voter and 24 4 give the reason why the ballot was not counted. 24 5 The bill takes effect upon enactment. 24 6 LSB 5928XC 80 24 7 sc/pj/5.2
Text: SSB03160 Text: SSB03162 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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