House File 759 H-1148 Amend House File 759 as follows: 1 1. Page 16, line 3, before < For > by inserting < a. > 2 2. Page 16, line 8, before < The > by inserting < b. > 3 3. Page 16, after line 10 by inserting: 4 < c. From the moneys appropriated in paragraph “a”, the 5 secretary of state shall use $20,000 to reimburse county 6 commissioners of elections for the tracking and counting of 7 mailed absentee ballots. > 8 4. Page 20, after line 6 by inserting: 9 < Sec. ___. Section 53.17, subsection 1, paragraph b, Code 10 2019, is amended to read as follows: 11 b. The sealed return envelope may be mailed to the 12 commissioner by the registered voter or by the voter’s 13 designee. If mailed by the voter’s designee, the envelope 14 must be mailed within seventy-two hours of retrieving it from 15 the voter or within time to be postmarked or, if applicable, 16 to have the intelligent mail postal service barcode traced to 17 a date of entry into the federal mail system not later than 18 the day before the election, as provided in section 53.17A, 19 whichever is earlier. 20 Sec. ___. Section 53.17, subsection 2, Code 2019, is amended 21 to read as follows: 22 2. In order for the ballot to be counted, the return 23 envelope must be received in the commissioner’s office before 24 the polls close on election day or be clearly postmarked by an 25 officially authorized postal service or bear an intelligent 26 mail a postal service barcode traceable to a date of entry 27 into the federal mail system not later than the day before the 28 election , as provided in section 53.17A, and received by the 29 commissioner not later than noon on the Monday following the 30 election. 31 Sec. ___. Section 53.17, subsection 4, paragraph f, Code 32 2019, is amended to read as follows: 33 f. A statement that the completed absentee ballot will 34 be delivered to the commissioner’s office within seventy-two 35 -1- HF759.1510 (1) 88 gh/tm 1/ 5 #1. #2. #3. #4.
hours of retrieving it from the voter or before the closing of 1 the polls on election day, whichever is earlier, or that the 2 completed absentee ballot will be mailed to the commissioner 3 within seventy-two hours of retrieving it from the voter or 4 within time to be postmarked or, if applicable, to have the 5 intelligent mail postal service barcode traced to a date of 6 entry into the federal mail system not later than the day 7 before the election, as provided in section 53.17A, whichever 8 is earlier. 9 Sec. ___. NEW SECTION . 53.17A Absentee ballot tracking. 10 1. For the purposes of this chapter: 11 a. “Postal service barcode” means a barcode purchased by the 12 sender and supplied by the United States postal service that is 13 used to sort and track letters and flat packages and is printed 14 on an absentee ballot return envelope at the direction of the 15 commissioner before the envelope is sent to the voter. 16 b. “Tracking information database” means a database 17 administered by the United States postal service that is 18 accessible to the commissioner and contains information 19 regarding letters or flat packages. 20 2. a. Prior to implementing for the first time, 21 discontinuing the usage of, or reimplementing the usage 22 of a postal service barcode and tracking information, the 23 commissioner shall send notice to the state commissioner prior 24 to October 1, 2020, for an election taking place in 2020 after 25 that date, and by October 1 of each year thereafter. 26 b. The commissioner shall not implement or discontinue 27 the use of a postal service barcode or tracking information 28 database during an election after an absentee ballot has been 29 mailed for that election pursuant to section 53.8. 30 c. The state commissioner shall adopt rules regarding 31 the statewide implementation of a postal service barcode and 32 tracking information database, including procedures to be 33 followed when usage of a postal service barcode or the tracking 34 information database is negatively impacted. Each commissioner 35 -2- HF759.1510 (1) 88 gh/tm 2/ 5
shall use a postal service barcode and tracking information 1 database consistent with rules of the state commissioner. 2 Every commissioner shall send notice to the state commissioner 3 and implement the use of a postal service barcode and tracking 4 information database prior to October 1, 2020. 5 3. a. An absentee ballot received after the polls close 6 on election day but prior to the official canvass shall be 7 counted if the commissioner determines that the ballot entered 8 the federal mail system by the deadline specified in section 9 53.17 or 53.22. The date of entry of such an absentee ballot 10 into the federal mail system shall only be verified as provided 11 in paragraph “b” . 12 b. (1) If the postmark indicates that the absentee ballot 13 entered the federal mail system by the deadline specified 14 in section 53.17 or 53.22, the ballot shall be included for 15 canvass by the absentee and special voters precinct board. 16 (2) If the postmark is illegible, missing, or dated on or 17 after election day, the commissioner shall attempt to verify 18 the ballot’s date of entry into the federal mail system by 19 querying the postal service barcode in the tracking information 20 database. If the tracking information database indicates that 21 the absentee ballot entered the federal mail system by the 22 deadline specified in section 53.17 or 53.22, the ballot shall 23 be included for canvass by the absentee and special voters 24 precinct board. The commissioner shall provide a report to 25 the absentee and special voters precinct board regarding the 26 information available in the tracking information database. 27 (3) If there is a discrepancy between the date indicated by 28 the postmark and the postal service barcode, the earlier of the 29 two shall determine the date of entry of the absentee ballot 30 into the federal mail system. 31 (4) (a) If neither the postmark nor the postal service 32 barcode indicates that the absentee ballot entered the federal 33 mail system by the deadline specified in section 53.17 or 34 53.22, the absentee ballot shall be sent to the absentee 35 -3- HF759.1510 (1) 88 gh/tm 3/ 5
and special voters precinct board pursuant to subparagraph 1 division (b) with the numeric value assigned to the postal 2 service barcode and a full report from the tracking information 3 database. 4 (b) An absentee and special voters precinct board member 5 from each political party for partisan elections, or any 6 two members of the board for nonpartisan elections, shall 7 review the postal service barcode and tracking database 8 information report of each absentee ballot submitted pursuant 9 to subparagraph division (a) and certify that the tracking 10 information database report corresponds to the absentee ballot 11 by initialing the report and the absentee ballot envelope. 12 If the board concludes that the postal service barcode and 13 tracking information database report verify that the absentee 14 ballot entered the federal mail system by the deadline 15 specified in section 53.17 or 53.22, the ballot shall be 16 counted. Otherwise, the ballot shall not be counted. 17 4. The commissioner shall file a report regarding absentee 18 ballot tracking and counting for each general election no later 19 than December 1 following each general election. The report 20 shall be in a form prescribed by the state commissioner. 21 Sec. ___. Section 53.22, subsection 6, paragraph b, Code 22 2019, is amended to read as follows: 23 b. Absentee ballots voted under this subsection shall be 24 delivered to the commissioner no later than the time the polls 25 are closed on election day. If the ballot is returned by mail 26 the return envelope must be received by the time the polls 27 close, or be clearly postmarked by an officially authorized 28 postal service or bear an intelligent mail a postal service 29 barcode traceable to a date of entry into the federal mail 30 system not later than the day before the election , as provided 31 in section 53.17A, and received by the commissioner no later 32 than the time established for the canvass by the board of 33 supervisors for that election. > 34 5. By renumbering as necessary. 35 -4- HF759.1510 (1) 88 gh/tm 4/ 5
______________________________ HUNTER of Polk -5- HF759.1510 (1) 88 gh/tm 5/ 5