721—21.320 (53) Absentee voting by UOCAVA voters. This rule applies only to absentee voting by persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, “Absent Voting by Armed Forces.”
	 21.320(1) Definitions. The following definitions apply to this rule:
“Armed forces,” as used in this rule, is defined in Iowa Code section 53.37(3).
“FPCA” means the federal postcard absentee ballot application and voter registration form authorized for use in Iowa by Iowa Code section 53.38.
“UOCAVA voter” means any person who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, “Absent Voting by Armed Forces.”
	 21.320(2) Requests for absentee ballots. All requests for absentee ballots shall be made in writing. Additional requirements for requesting absentee ballots and for processing the requests are set forth below.
	  a.   	 Forms. UOCAVA voters may use the following official forms to request absentee ballots:
	 (1) 	 A federal postcard absentee ballot application and voter registration form (FPCA).
	 (2) 	 A state of Iowa official absentee ballot request form.
	 (3) 	 For general elections only, a proxy absentee ballot application prescribed by the state commissioner of elections and submitted pursuant to Iowa Code Supplement section 53.40(1)“b.”
	  b.   	 Form not required. UOCAVA voters may request absentee ballots in writing without using an official form. The written request shall be honored if it includes all of the following information about the voter:
	 (1) 	 Name.
	 (2) 	 Age or date of birth.
	 (3) 	 Iowa residence, including street address (if any) and city.
	 (4) 	 Address to which the ballot shall be sent.
	 (5) 	 Township of residence, if applicable.
	 (6) 	 County of residence.
	 (7) 	 Party affiliation, if the request is for a ballot for a primary election.
	 (8) 	 Signature of voter.
	 (9) 	 Statement explaining why the voter is eligible to receive ballots under the provisions of Iowa Code chapter 53, division II. For example, “I am a U.S. citizen living in France.”
	  c.   	 Methods for transmitting absentee ballot requests. UOCAVA voters may transmit absentee ballot requests by any of the following methods:
	 (1) 	 Mail.
	 (2) 	 Personal delivery by the voter or a person designated by the voter.
	 (3) 	 Facsimile machine.
	 (4) 	 Scanned application form or letter transmitted by E-mail. Requests by E-mail that do not include either the physical signature or a digital signature shall not be accepted.
	  d.   	 Original request not needed. If the request is sent by E-mail or by fax, it is not necessary for the UOCAVA voter to send to the commissioner the original copy of the FPCA or other official form or written request for an absentee ballot.
	  e.   	 Multiple requests from the same person. Before the ballot is ready to mail, if the commissioner receives more than one request for an absentee ballot for a particular election (or series of elections) by or on behalf of a UOCAVA voter, the last request received shall be the one honored. However, if one of the requests is for a general election ballot and is made using the proxy absentee ballot application process permitted by Iowa Code Supplement section 53.40(1)“b,” the request received from the voter shall be the one honored, not the proxy request.
	  f.   	 Subsequent request after ballot has been sent. Not more than one ballot shall be transmitted by the commissioner to any voter for a particular election unless, after the ballot has been mailed, the voter reports a change in the address to which the ballot should be sent. The commissioner shall void the original absentee ballot and include a comment in the voter’s registration record, noting the serial number of the original ballot and noting that a replacement ballot was sent to an updated address. The original ballot shall be counted only if the replacement ballot does not arrive.
	  g.   	 Requests for absentee ballots for a period of two general elections. Iowa Code Supplement section 53.40 permits UOCAVA voters to request the commissioner to send absentee ballots for all elections as permitted by state law. In response to an absentee ballot request for all elections, the commissioner shall send the applicant a ballot for each election held after the application is received and through the next two general elections.
	 (1) 	 When an absentee ballot for a UOCAVA voter who has requested absentee ballots for all elections through the next two general elections is returned as undeliverable by the United States Postal Service, the commissioner shall contact the Federal Voting Assistance Program (FVAP) to determine whether the voter has a forwarding address on file with that office. If so, the commissioner shall contact the voter by the best means available to notify the voter that the voter must provide the commissioner with a new address if the voter wishes to continue to receive absentee ballots until the end of the period for which the voter has requested ballots.
	 (2) 	 The commissioner shall also send a written notice to the voter’s residence address by forwardable mail. The notice shall advise the voter that the voter must provide the commissioner with a new address if the voter wishes to continue to receive absentee ballots until the end of the period for which the voter has requested ballots.
	 (3) 	 If the voter provides a new address before election day, the commissioner shall enter the revised information in the voter's registration record and transmit the ballot. The voter may request that the commissioner transmit the ballot electronically pursuant to subrule 21.320(3).
	 (4) 	 If the voter does not respond to either request for additional information within 30 days, the commissioner shall cancel the absentee ballot request and notify the voter.
	 21.320(3) Electronic transmission of absentee ballots to UOCAVA voters.
	  a.   	 Electronic transmission of absentee ballots by facsimile machine or by E-mail is limited to UOCAVA voters who specifically ask for this service. A UOCAVA voter who asks for electronic transmission of an absentee ballot may request this service for all elections for which the person is qualified to vote or for specific elections either individually or for a specific period of time. The commissioner shall employ FVAP's secure transmission program to facilitate electronic transmission of absentee ballots to UOCAVA voters.
	  b.   	 Forms. The state commissioner shall provide the following forms and instructions for the electronic transmission of absentee ballots to UOCAVA voters:
	 (1) 	 Instructions to the county commissioners of elections for providing this service.
	 (2) 	 Instructions to the voter for marking and returning the ballot.
	 (3) 	 The affidavit envelope form, which can be printed by the voter on an envelope and used for the voter’s declaration of eligibility and voter registration application, if necessary.
	 (4) 	 The return envelope form, which can be printed by the voter on an envelope and used to return the ballot, postage paid through the FPO/APO postal service.
	 21.320(4) Ballot return by electronic transmission.
	  a.   	 Electronic transmission of a voted absentee ballot from the voter to the commissioner is permitted only for UOCAVA voters who are in an area designated as an imminent danger pay area, as provided in subrule 21.1(14). The absentee ballot may be returned via electronic transmission if the voter waives the right to a secret ballot. In addition to signing the affidavit required by Iowa Code section 53.13, the voter shall sign a statement in substantially the following form: “I understand that by returning this ballot by electronic transmission my voted ballot will not be secret. I hereby waive my right to a secret ballot.”
	  b.   	 When an absentee ballot is received via electronic transmission, the person receiving the transmission shall examine it to determine that all pages have been received and are legible. The person receiving an electronic transmission shall not reveal how the voter voted.
	  c.   	 The absentee ballot shall be sealed in an envelope marked with the voter’s name. The affidavit of the voter and the application for the ballot shall be attached to the envelope. These materials shall be stored with other returned absentee ballots.
This rule is intended to implement Iowa Code section 53.46 and Iowa Code Supplement section 53.40.