House Amendment 1701


PAG LIN




     1  1    Amend House File 844, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 39A.4, subsection 1, paragraph
     1  6 c, subparagraphs (11) and (12), Code 2007, as amended
     1  7 by 2007 Iowa Acts, House File 848, are amended to read
     1  8 as follows:
     1  9    (11)  Returning a voted absentee ballot, by mail or
     1 10 in person, to the commissioner's office and the person
     1 11 returning the ballot is not the voter, an immediate
     1 12 family member authorized by the voter to return the
     1 13 ballot, an absentee ballot courier the voter's
     1 14 designee, or a special precinct election official
     1 15 designated pursuant to section 53.22, subsection 1, or
     1 16 the designee of a voter described in section 53.22,
     1 17 subsection 5.
     1 18    (12)  Making a false or untrue statement reporting
     1 19 that a voted absentee ballot was returned to the
     1 20 commissioner's office, by mail or in person, by a
     1 21 person other than the voter, an immediate family
     1 22 member authorized by the voter to return the ballot,
     1 23 an absentee ballot courier the voter's designee, or a
     1 24 special precinct election official designated pursuant
     1 25 to section 53.22, subsection 1, or the designee of a
     1 26 voter described in section 53.22, subsection 5.
     1 27    Sec. 2.  Section 53.8, subsection 2, Code 2007, as
     1 28 amended by 2007 Iowa Acts, House File 848, is amended
     1 29 to read as follows:
     1 30    2.  a.  The commissioner shall enclose with the
     1 31 absentee ballot a statement informing the applicant
     1 32 that the sealed carrier envelope may be mailed to the
     1 33 commissioner by the registered voter or the voter's
     1 34 designee or may be personally delivered to the
     1 35 commissioner's office by the registered voter or the
     1 36 voter's designee.  The statement shall also inform the
     1 37 voter that the voter may request that the voter's
     1 38 designee complete a receipt when retrieving the ballot
     1 39 from the voter.  A blank receipt shall be enclosed
     1 40 with the absentee ballot.
     1 41    b.  If an application is received so late that it
     1 42 is unlikely that the absentee ballot can be returned
     1 43 in time to be counted on election day, the
     1 44 commissioner shall enclose with the absentee ballot a
     1 45 statement to that effect.  The statement shall also
     1 46 point out that it is possible for the applicant, an
     1 47 immediate family member of the applicant, or the
     1 48 applicant's designee if the absentee ballot is voted
     1 49 by a voter described in section 53.22, subsection 5,
     1 50 to personally deliver the completed absentee ballot to
     2  1 the office of the commissioner at any time before the
     2  2 closing of the polls on election day.  The statement
     2  3 shall also point out that it is possible for an
     2  4 absentee ballot courier to personally deliver the
     2  5 completed absentee ballot to the office of the
     2  6 commissioner within seventy=two hours of retrieving
     2  7 the completed ballot or before the closing of the
     2  8 polls on election day, whichever is earlier.>
     2  9 #2.  Page 1, by inserting after line 15 the
     2 10 following:
     2 11    <Sec.    .  Section 53.17, subsection 1, paragraph
     2 12 a, Code 2007, as amended by 2007 Iowa Acts, House File
     2 13 848, is amended by striking the paragraph and
     2 14 inserting in lieu thereof the following:
     2 15    a.  The sealed carrier envelope may be delivered by
     2 16 the registered voter, by the voter's designee, or by
     2 17 the special precinct election officials designated
     2 18 pursuant to section 53.22, subsection 1, to the
     2 19 commissioner's office no later than the time the polls
     2 20 are closed on election day.  However, if delivered by
     2 21 the voter's designee, the envelope shall be delivered
     2 22 within seventy=two hours of retrieving it from the
     2 23 voter or before the closing of the polls on election
     2 24 day, whichever is earlier.
     2 25    Sec.    .  Section 53.17, subsection 1, paragraphs
     2 26 b and c, Code 2007, are amended to read as follows:
     2 27    b.  The sealed carrier envelope may be mailed to
     2 28 the commissioner by the registered voter, by an
     2 29 immediate family member of the voter, or by the
     2 30 voter's designee if the ballot is voted by a voter
     2 31 described in section 53.22, subsection 5.  If mailed
     2 32 by the voter's designee, the envelope must be mailed
     2 33 within seventy=two hours of retrieving it from the
     2 34 voter or within time to be postmarked not later than
     2 35 the day before the election, whichever is earlier.
     2 36    c.  The sealed carrier envelope may be delivered to
     2 37 the commissioner by an absentee ballot courier, but
     2 38 only as provided in subsection 4.
     2 39    Sec.    .  Section 53.17, subsection 4, Code 2007,
     2 40 is amended by striking the subsection and inserting in
     2 41 lieu thereof the following:
     2 42    4.  When a person designated by the voter retrieves
     2 43 a completed absentee ballot from the voter, the
     2 44 designee shall, upon request of the voter, fill out a
     2 45 receipt to be retained by the voter.  The state
     2 46 commissioner shall prescribe a form for receipts
     2 47 required by this subsection.  The receipt shall
     2 48 include all of the following:
     2 49    a.  The name of the voter's designee.
     2 50    b.  The date and time the completed absentee ballot
     3  1 was received from the voter.
     3  2    c.  The name and date of the election for which the
     3  3 absentee ballot is being voted.
     3  4    d.  The name of the political party, candidate, or
     3  5 committee for which the designee is acting as an
     3  6 actual or implied agent, if applicable.
     3  7    e.  A telephone number at which the voter's
     3  8 designee may be contacted.
     3  9    f.  A statement that the completed absentee ballot
     3 10 will be delivered to the commissioner's office within
     3 11 seventy=two hours of retrieving it from the voter or
     3 12 before the closing of the polls on election day,
     3 13 whichever is earlier, or that the completed absentee
     3 14 ballot will be mailed to the commissioner within
     3 15 seventy=two hours of retrieving it from the voter or
     3 16 within time to be postmarked not later than the day
     3 17 before the election, whichever is earlier.
     3 18    Sec.    .  Section 53.17, subsection 5, Code 2007,
     3 19 is amended by striking the subsection.>
     3 20 #3.  Title page, line 1, by inserting after the
     3 21 words <relating to> the following:  <absentee voting
     3 22 by allowing>.
     3 23 #4.  Title page, line 2, by inserting after the
     3 24 word <elections> the following:  <and by providing for
     3 25 return of absentee ballot applications and completed
     3 26 absentee ballots>.
     3 27 #5.  By renumbering, redesignating, and correcting
     3 28 internal references as necessary.
     3 29 HF 844.S
     3 30 sc/cc/26

                              -1-