House File 2354 H-8121 Amend House File 2354 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 48A.9, subsection 1, Code 2014, 4 is amended to read as follows: 5 1. Registration closes at 5:00 p.m. eleven days 6 before each election except primary and general 7 elections. For primary and general elections, 8 registration closes at 5:00 p.m. ten days before the 9 election. An eligible elector may register during the 10 time registration is closed in the elector’s precinct 11 but the registration shall not become effective until 12 registration opens again in the elector’s precinct, 13 except as otherwise provided in section 48A.7A . 14 Sec. 2. Section 48A.26, subsection 3, Code 2014, is 15 amended to read as follows: 16 3. If the registration form is missing required 17 information pursuant to section 48A.11, subsection 8 , 18 the acknowledgment shall advise the applicant what 19 additional information is required. The commissioner 20 shall enclose a new registration form for the applicant 21 to use. If the registration form has no address, 22 the commissioner shall make a reasonable effort to 23 determine where the acknowledgment should be sent. If 24 the incomplete registration form is received during 25 the period in which registration is closed pursuant to 26 section 48A.9 but by 5:00 p.m. on the Saturday before 27 the election for general and primary elections or by 28 5:00 p.m. on the Friday before the election for all 29 other elections, the commissioner shall send a notice 30 advising the applicant of election day and in-person 31 absentee registration procedures under section 48A.7A . 32 Sec. 3. Section 50.20, Code 2014, is amended to 33 read as follows: 34 50.20 Notice of number of provisional ballots. 35 The commissioner shall compile a list of the number 36 of provisional ballots cast under section 49.81 in each 37 precinct. The list shall be made available to the 38 public as soon as possible, but in no case later than 39 9:00 a.m. on the second day following the election. 40 Any elector may examine the list during normal office 41 hours, and may also examine the affidavit affidavits 42 on the envelopes bearing containing the ballots of 43 challenged electors until the reconvening of the 44 special precinct board as required by this chapter . 45 Only those persons so permitted by section 53.23, 46 subsection 4 , shall have access to the affidavits 47 while that board is in session. Any elector may 48 present written statements or documents, supporting or 49 opposing the counting of any provisional ballot, at 50 -1- HF2354.3337 (1) 85 aw/sc 1/ 8 #1.

the commissioner’s office until the reconvening of the 1 special precinct board. 2 Sec. 4. Section 53.2, subsection 6, Code 2014, is 3 amended to read as follows: 4 6. If an application for an absentee ballot 5 is received from an eligible elector who is not a 6 registered voter the commissioner shall send the 7 eligible elector a voter registration form and another 8 absentee ballot application form. If the application 9 is received after the time registration closes pursuant 10 to section 48A.9 but by 5:00 p.m. on the Saturday 11 before the election for general and primary elections 12 or by 5:00 p.m. on the Friday before the election for 13 all other elections, the commissioner shall notify the 14 applicant by mail of the election day and in-person 15 absentee registration provisions of section 48A.7A . 16 In addition to notification by mail, the commissioner 17 shall also attempt to contact the applicant by any 18 other method available to the commissioner. 19 Sec. 5. Section 53.8, subsection 1, Code 2014, is 20 amended to read as follows: 21 1. a. Upon receipt of an application for an 22 absentee ballot and immediately after the absentee 23 ballots are printed, the commissioner shall mail an 24 absentee ballot to the applicant within twenty-four 25 hours, except as otherwise provided in subsection 3 . 26 The absentee ballot shall be sent to the registered 27 voter by one of the following methods: 28 (1) The absentee ballot shall be enclosed in an 29 unsealed envelope bearing marked with a serial number 30 and affidavit. The absentee ballot and unsealed 31 affidavit envelope shall be enclosed in or with a an 32 unsealed return envelope marked postage paid which 33 bears the same serial number as the unsealed affidavit 34 envelope. The absentee ballot, unsealed affidavit 35 envelope, and return envelope shall be enclosed in a 36 third envelope to be sent to the registered voter. If 37 the ballot cannot be folded so that all of the votes 38 cast on the ballot will be hidden, the commissioner 39 shall also enclose a secrecy envelope with the absentee 40 ballot. 41 (2) The absentee ballot shall be enclosed in an 42 unsealed return envelope marked with a serial number 43 and affidavit and marked postage paid. The absentee 44 ballot and return envelope shall be enclosed in a 45 second envelope to be sent to the registered voter. If 46 the ballot cannot be folded so that all of the votes 47 cast on the ballot will be hidden, the commissioner 48 shall also enclose a secrecy envelope with the absentee 49 ballot. 50 -2- HF2354.3337 (1) 85 aw/sc 2/ 8

b. The affidavit shall be marked on the appropriate 1 envelope in a form prescribed by the state commissioner 2 of elections. 3 Sec. 6. Section 53.10, subsection 2, Code 2014, is 4 amended to read as follows: 5 2. Each person who wishes to vote by absentee 6 ballot at the commissioner’s office shall first sign 7 an application for a ballot including the following 8 information: name, current address, and the election 9 for which the ballot is requested. The person may 10 report a change of address or other information on 11 the person’s voter registration record at that time. 12 The registered voter shall immediately mark the 13 ballot; enclose the ballot in a secrecy envelope, if 14 necessary, and seal it in an affidavit the envelope 15 marked with the affidavit ; subscribe to the affidavit 16 on the reverse side of the envelope; and return the 17 absentee ballot to the commissioner. The commissioner 18 shall record the numbers appearing on the application 19 and affidavit envelope along with the name of the 20 registered voter. 21 Sec. 7. Section 53.16, Code 2014, is amended to 22 read as follows: 23 53.16 Subscribing to affidavit. 24 After marking the ballot, the voter shall make and 25 subscribe to the affidavit on the reverse side of the 26 affidavit envelope or on the return envelope marked 27 with the affidavit , and fold the ballot or ballots, 28 separately, so as to conceal the markings on them, and 29 deposit them in the envelope, and securely seal the 30 envelope. 31 Sec. 8. Section 53.17, subsection 1, unnumbered 32 paragraph 1, Code 2014, is amended to read as follows: 33 The If the commissioner mailed the ballot pursuant 34 to section 53.8, subsection 1, paragraph “a” , 35 subparagraph (1), the sealed affidavit envelope 36 containing the absentee ballot shall be enclosed in a 37 return envelope which shall be securely sealed. If 38 the commissioner mailed the ballot pursuant to section 39 53.8, subsection 1, paragraph “a” , subparagraph (2), 40 the absentee ballot shall be enclosed in the return 41 envelope which shall be securely sealed. The sealed 42 return envelope shall be returned to the commissioner 43 by one of the following methods: 44 Sec. 9. Section 53.17, subsection 2, Code 2014, is 45 amended to read as follows: 46 2. In order for the ballot to be counted, the 47 return envelope must be received in the commissioner’s 48 office before the polls close on election day or must 49 be clearly postmarked by an officially authorized 50 -3- HF2354.3337 (1) 85 aw/sc 3/ 8

postal service not later than the day before the 1 election and received by the commissioner not later 2 than noon on the Monday following the election or must 3 be clearly postmarked by received by the commissioner 4 through an officially authorized postal service not 5 later than 5:00 p.m. on the day before after the 6 election and received by the commissioner not later 7 than noon on the Monday following the election . 8 Sec. 10. Section 53.18, subsections 2 and 3, Code 9 2014, are amended to read as follows: 10 2. If the commissioner receives the return envelope 11 containing the completed absentee ballot by 5:00 12 p.m. on the Saturday before the election for general 13 and primary elections and by 5:00 p.m. on the Friday 14 before the election for all other elections, the 15 commissioner shall review the affidavit marked on the 16 return envelope, if applicable, for completeness or 17 shall open the return envelope to review the affidavit 18 for completeness. If the affidavit is incomplete, the 19 commissioner shall, within twenty-four hours of the 20 time the envelope was received, notify the voter of 21 that fact and that the voter may complete the affidavit 22 in person at the office of the commissioner by 5:00 23 p.m. on the day before the election, vote a replacement 24 ballot in the manner and within the time period 25 provided in subsection 3 , or appear at the voter’s 26 precinct polling place on election day and cast a 27 ballot in accordance with section 53.19, subsection 3 . 28 3. If the affidavit envelope or the return 29 envelope marked with the affidavit contains a defect 30 that would cause the absentee ballot to be rejected 31 by the absentee and special voters precinct board, 32 the commissioner shall immediately notify the voter 33 of that fact and that the voter’s absentee ballot 34 shall not be counted unless the voter requests and 35 returns a replacement ballot in the time permitted 36 under section 53.17, subsection 2 . The voter may 37 request a replacement ballot in person, in writing, or 38 over the telephone. The same serial number that was 39 assigned to the records of the original absentee ballot 40 application shall be used on the envelope and records 41 of the replacement ballot. The affidavit envelope 42 marked with the affidavit and containing the completed 43 replacement ballot shall be marked “Replacement 44 ballot”. The affidavit envelope marked with the 45 affidavit and containing the original ballot shall be 46 marked “Defective” and the replacement ballot shall be 47 attached to the affidavit such envelope containing the 48 original ballot and shall be stored in a secure place 49 until they are delivered to the absentee and special 50 -4- HF2354.3337 (1) 85 aw/sc 4/ 8

voters precinct board, notwithstanding sections 53.26 1 and 53.27 . 2 Sec. 11. Section 53.21, subsection 2, paragraph b, 3 Code 2014, is amended to read as follows: 4 b. The voter shall enclose one copy of the above 5 statement in the return envelope along with the 6 affidavit envelope , if the voter was mailed a separate 7 affidavit envelope, and shall retain a copy for the 8 voter’s records. 9 Sec. 12. Section 53.23, subsection 3, paragraph 10 b, subparagraph (1), Code 2014, is amended to read as 11 follows: 12 (1) The commissioner may direct the board to meet 13 on the day before the election for the purpose of 14 reviewing the absentee voters’ affidavits appearing 15 on the sealed affidavit envelopes. If in the 16 commissioner’s judgment this procedure is necessary 17 due to the number of absentee ballots received, the 18 members of the board may open the sealed affidavit 19 envelopes and remove the secrecy envelope containing 20 the ballot, but under no circumstances shall a secrecy 21 envelope or a return envelope marked with an affidavit 22 be opened before the board convenes on election day, 23 except as provided in paragraph “c” . If the affidavit 24 envelopes are opened before election day pursuant 25 to this paragraph “b” , two observers, one appointed 26 by each of the two political parties referred to 27 in section 49.13, subsection 2 , shall witness the 28 proceedings. The observers shall be appointed by the 29 county chairperson or, if the county chairperson fails 30 to make an appointment, by the state chairperson. 31 However, if either or both political parties fail to 32 appoint an observer, the commissioner may continue with 33 the proceedings. 34 Sec. 13. Section 53.23, subsection 5, Code 2014, is 35 amended to read as follows: 36 5. The special precinct election board shall 37 preserve the secrecy of all absentee and provisional 38 ballots. After the affidavits on the envelopes have 39 been reviewed and the qualifications of the persons 40 casting the ballots have been determined, those that 41 have been accepted for counting shall be opened. The 42 ballots shall be removed from the affidavit envelopes 43 or return envelopes marked with the affidavit, as 44 applicable, without being unfolded or examined, and 45 then shall be thoroughly intermingled, after which they 46 shall be unfolded and tabulated. If secrecy folders or 47 envelopes are used with provisional paper ballots, the 48 ballots shall be removed from the secrecy folders after 49 the ballots have been intermingled. 50 -5- HF2354.3337 (1) 85 aw/sc 5/ 8

Sec. 14. Section 53.25, Code 2014, is amended to 1 read as follows: 2 53.25 Rejecting ballot. 3 1. If the absentee voter’s affidavit lacks the 4 voter’s signature, if the applicant is not a duly 5 registered voter on election day in the precinct 6 where the absentee ballot was cast, if the affidavit 7 envelope marked with the affidavit contains more than 8 one ballot of any one kind, or if the voter has voted 9 in person, such vote shall be rejected by the absentee 10 and special voters precinct board. If the affidavit 11 envelope or return envelope marked with the affidavit 12 is open, or has been opened and resealed, or if the 13 ballot is not enclosed in the affidavit such envelope, 14 and an affidavit envelope or return envelope marked 15 with the affidavit with the same serial number and 16 marked “Replacement ballot” is not attached as provided 17 in section 53.18 , the vote shall be rejected by the 18 absentee and special voters precinct board. 19 2. If the absentee ballot is rejected prior to the 20 opening of the affidavit envelope or return envelope 21 marked with the affidavit , the voter casting the ballot 22 shall be notified by a precinct election official 23 by the time the canvass is completed of the reason 24 for the rejection on a form prescribed by the state 25 commissioner of elections. 26 Sec. 15. Section 53.27, Code 2014, is amended to 27 read as follows: 28 53.27 Rejection of ballot —— return of envelope. 29 If the ballot is rejected, the affidavit envelope , 30 marked with the affidavit of , with the voter endorsed 31 voter’s endorsement thereon, shall be returned with the 32 rejected ballot in the envelope endorsed “Defective 33 ballots”. 34 Sec. 16. Section 53.30, Code 2014, is amended to 35 read as follows: 36 53.30 Ballots, ballot envelopes, and other 37 information preserved. 38 At the conclusion of each meeting of the absentee 39 and special voter’s precinct board, the board shall 40 securely seal all ballots counted by them in the manner 41 prescribed in section 50.12 . The ballot envelopes, 42 including the affidavit envelope having the registered 43 voter’s affidavit on it if an affidavit envelope was 44 provided , the return envelope, and secrecy envelope 45 bearing the signatures of precinct election officials, 46 as required by section 53.23 , shall be preserved. All 47 applications for absentee ballots, ballots rejected 48 without being opened, absentee ballot logs, and any 49 other documents pertaining to the absentee ballot 50 -6- HF2354.3337 (1) 85 aw/sc 6/ 8

process shall be preserved until such time as the 1 documents may be destroyed pursuant to section 50.19 . 2 Sec. 17. Section 53.32, Code 2014, is amended to 3 read as follows: 4 53.32 Ballot of deceased voter. 5 When it shall be made to appear by due proof to 6 the precinct election officials that any elector, who 7 has so marked and forwarded a ballot, has died before 8 the affidavit envelope marked with the affidavit is 9 opened, then the ballot of such deceased voter shall 10 be endorsed, “Rejected because voter is dead”, and be 11 returned to the commissioner ; but the . The casting of 12 the ballot of a deceased voter shall not invalidate the 13 election. 14 Sec. 18. Section 53.38, Code 2014, is amended to 15 read as follows: 16 53.38 What constitutes registration. 17 Whenever a ballot is requested pursuant to section 18 53.39 or 53.45 on behalf of a voter in the armed 19 forces of the United States, the affidavit upon the 20 affidavit envelope marked with the affidavit of such 21 voter, if the voter is found to be an eligible elector 22 of the county to which the ballot is submitted, shall 23 constitute a sufficient registration under chapter 24 48A . A completed federal postcard registration and 25 federal absentee ballot request form submitted by such 26 eligible elector shall also constitute a sufficient 27 registration under chapter 48A . The commissioner shall 28 place the voter’s name on the registration record as a 29 registered voter if it does not already appear there. 30 The identification requirements of section 48A.8 and 31 the verification requirements of section 48A.25A do 32 not apply to persons who register to vote under this 33 division . 34 Sec. 19. Section 53.40, subsection 3, Code 2014, is 35 amended to read as follows: 36 3. If the affidavit on the affidavit envelope 37 marked with the affidavit shows that the affiant is not 38 a qualified voter on the day of the election at which 39 the ballot is offered for voting, the envelope shall 40 not be opened, but the envelope and ballot contained 41 in the envelope shall be preserved and returned by the 42 precinct election officials to the commissioner, who 43 shall preserve them for the period of time and under 44 the conditions provided for in sections 50.12 , 50.13 , 45 50.15 , and 50.19 . 46 Sec. 20. Section 53.44, Code 2014, is amended to 47 read as follows: 48 53.44 Affidavit to be signed and returned. 49 1. The affidavit on the affidavit envelope marked 50 -7- HF2354.3337 (1) 85 aw/sc 7/ 8

with the affidavit used in connection with voting by 1 absentee ballot under this division by members of the 2 armed forces of the United States need not be notarized 3 or witnessed, but the affidavit on such envelope shall 4 be completed and signed by the voter. 5 2. Absentee ballots issued under this division 6 shall be returned in the same manner and within the 7 same time limits specified in section 53.17. 8 Sec. 21. REPEAL. Sections 53.13 and 53.14, Code 9 2014, are repealed. > 10 2. Title page, by striking lines 3 and 4 and 11 inserting < to a primary election, modifying the 12 deadline for receipt of absentee ballots by the 13 commissioner, and > 14 ______________________________ HAGENOW of Polk -8- HF2354.3337 (1) 85 aw/sc 8/ 8 #2.