House File 2486 S-5124 Amend the amendment, S-5117, to House File 2486, as passed by 1 the House, as follows: 2 1. By striking page 1, line 4, through page 30, line 33, and 3 inserting: 4 Sec. ___. Section 53.18, subsections 2 and 3, Code 2020, are 5 amended to read as follows: 6 2. a. If the commissioner receives the return envelope 7 containing the completed absentee ballot by 5:00 p.m. on the 8 Saturday before the election for general elections and by 5:00 9 p.m. on the Friday before the election for all other elections, 10 the commissioner shall review the affidavit marked on the 11 return envelope, if applicable, for completeness or shall open 12 the return envelope to review the affidavit for completeness. 13 If the affidavit is incomplete, the commissioner shall, within 14 twenty-four hours of the time the envelope was received, notify 15 the voter of that fact and that the voter may complete the 16 affidavit in person at the office of the commissioner by 5:00 17 p.m. on the day before the election, vote a replacement ballot 18 in the manner and within the time period provided in subsection 19 3 , or appear at the voter’s precinct polling place on election 20 day and cast a ballot in accordance with section 53.19, 21 subsection 3 . If the affidavit lacks the signature of the 22 registered voter, the commissioner shall, within twenty-four 23 hours of the receipt of the envelope, notify the voter of the 24 deficiency and inform the voter that the voter may vote a 25 replacement ballot as provided in subsection 3, cast a ballot 26 as provided in section 53.19, subsection 3, or complete the 27 affidavit in person at the office of the commissioner not later 28 than noon on the Monday following the election, or if the law 29 authorizing the election specifies that the votes be canvassed 30 earlier than the Monday following the election, before the 31 canvass of the election. 32 b. If the commissioner receives the return envelope 33 containing the completed absentee ballot after the deadline 34 in paragraph “a” , the commissioner shall submit the affidavit 35 -1- S5117.4287 (4) 88 js/jh 1/ 5 #1.
to the absentee and special voters precinct board for review. 1 If the absentee and special voters precinct determines that 2 the affidavit is incomplete, the commissioner shall, within 3 twenty-four hours of the determination, notify the voter. If 4 the affidavit lacks the signature of the registered voter, the 5 commissioner shall notify the voter that the voter may complete 6 the affidavit in person at the office of the commissioner 7 not later than noon on the Monday following the election, or 8 if the law authorizing the election specifies that the votes 9 be canvassed earlier than the Monday following the election, 10 before the canvass of the election. 11 3. If the affidavit envelope or the return envelope marked 12 with the affidavit contains a defect that would cause the 13 absentee ballot to be rejected by the absentee and special 14 voters precinct board, the commissioner shall immediately 15 notify the voter of that fact and that the voter’s absentee 16 ballot shall not be counted unless the voter requests and 17 returns a replacement ballot in the time permitted under 18 section 53.17, subsection 2 . For the purposes of this section , 19 a return envelope marked with the affidavit shall be considered 20 to contain a defect if it appears to the commissioner that 21 the signature on the envelope has been signed by someone 22 other than the registered voter, in comparing the signature 23 on the envelope to the signature on record of the registered 24 voter named on the envelope. A signature or marking made 25 in accordance with section 39.3, subsection 17 , shall not 26 be considered a defect for purposes of this section . The 27 voter may request a replacement ballot in person, in writing, 28 or over the telephone. The same serial number that was 29 assigned to the records of the original absentee ballot 30 application shall be used on the envelope and records of the 31 replacement ballot. The envelope marked with the affidavit and 32 containing the completed replacement ballot shall be marked 33 “Replacement ballot”. The envelope marked with the affidavit 34 and containing the original ballot shall be marked “Defective” 35 -2- S5117.4287 (4) 88 js/jh 2/ 5
and the replacement ballot shall be attached to such envelope 1 containing the original ballot and shall be stored in a secure 2 place until they are delivered to the absentee and special 3 voters precinct board, notwithstanding sections 53.26 and 4 53.27 . 5 Sec. ___. Section 53.18, Code 2020, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 04. For the purposes of this section, a 8 return envelope marked with the affidavit shall be considered 9 incomplete if the affidavit lacks the registered voter’s 10 signature. A signature or marking made in accordance with 11 section 39.3, subsection 17, shall not cause an affidavit to be 12 considered incomplete. 13 Sec. ___. Section 53.22, subsection 3, Code 2020, is amended 14 to read as follows: 15 3. Any registered voter who becomes a patient, tenant, or 16 resident of a hospital, assisted living program, or health care 17 facility in the county where the voter is registered to vote 18 within three days prior to the date of any election after the 19 deadline to make a written application for an absentee ballot 20 as provided in section 53.2 or on election day may request an 21 absentee ballot during that period or on election day. As an 22 alternative to the application procedure prescribed by section 23 53.2 , the registered voter may make the request directly to 24 the officers who are delivering and returning absentee ballots 25 under this section . Alternatively, the request may be made by 26 telephone to the office of the commissioner not later than four 27 hours before the close of the polls. If the requester is found 28 to be a registered voter of that county, these officers shall 29 deliver the appropriate absentee ballot to the registered voter 30 in the manner prescribed by this section . 31 Sec. ___. Section 53.22, subsection 6, paragraph a, Code 32 2020, is amended to read as follows: 33 a. If the registered voter becomes a patient, tenant, or 34 resident of a hospital, assisted living program, or health 35 -3- S5117.4287 (4) 88 js/jh 3/ 5
care facility outside the county where the voter is registered 1 to vote within three days before the date of any election 2 after the deadline to make a written application for an 3 absentee ballot as provided in section 53.2 or on election 4 day, the voter may designate a person to deliver and return 5 the absentee ballot. The designee may be any person the voter 6 chooses except that no candidate for any office to be voted 7 upon for the election for which the ballot is requested may 8 deliver a ballot under this subsection . The request for an 9 absentee ballot may be made by telephone to the office of the 10 commissioner not later than four hours before the close of the 11 polls. If the requester is found to be a registered voter of 12 that county, the ballot shall be delivered by mail or by the 13 person designated by the voter. An application form shall be 14 included with the absentee ballot and shall be signed by the 15 voter and returned with the ballot. 16 Sec. ___. Section 331.552, subsection 4, Code 2020, is 17 amended to read as follows: 18 4. a. Keep the official county seal provided by the county. 19 The official seal shall be an impression seal on the face of 20 which shall appear the name of the county, the word “county” 21 which may be abbreviated, the word “treasurer” which may be 22 abbreviated, and the word “Iowa”. A county shall have only one 23 official county seal. 24 b. Notwithstanding paragraph “a” , the county commissioner 25 of elections may use a facsimile of the official county seal 26 or a modified facsimile of the official county seal for the 27 purposes of election duties set forth in sections 43.36 and 28 49.51, and section 49.57, subsection 6. If modified, the 29 county seal shall contain the name of the county, the word 30 “county”, which may be abbreviated, the word “auditor”, which 31 may be abbreviated, and the word “Iowa”. > 32 2. Title page, by striking line 1 and inserting < An Act 33 relating to the conduct of elections, including the use 34 of absentee ballots and the placement of a county seal on 35 -4- S5117.4287 (4) 88 js/jh 4/ 5
materials related to elections. > 1 3. By renumbering, redesignating, and correcting internal 2 references as necessary. > 3 2. By renumbering as necessary. 4 ______________________________ PAM JOCHUM -5- S5117.4287 (4) 88 js/jh 5/ 5 #3. #2.