House Amendment to Senate File 568 S-3243 Amend Senate File 568, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 2, after line 16 by inserting: 3 < Sec. ___. NEW SECTION . 39.28 Actions —— intervention. 4 1. A political party, as defined in section 43.2, or a 5 nonparty political organization organized pursuant to chapter 6 44, may intervene in a proceeding under chapter 17A or an 7 action filed in the district court, court of appeals, or 8 supreme court to challenge a provision of chapters 39 through 9 62 or a rule adopted to implement such a provision. 10 2. A political party, as defined in section 43.2, or a 11 nonparty political organization organized pursuant to chapter 12 44, may petition the district court to modify or vacate an 13 injunction against the enforcement of a provision of chapters 14 39 through 62. A denial of a petition to modify or vacate 15 an injunction is appealable as a matter of right as a final 16 judgment. > 17 2. Page 4, after line 1 by inserting: 18 < Sec. ___. Section 43.36, Code 2021, is amended to read as 19 follows: 20 43.36 Australian ballot. 21 The Australian ballot system as now used in this state, 22 except as herein modified, shall be used at said primary 23 election. The endorsement of the precinct election officials 24 and the facsimile or likeness of the county seal shall appear 25 upon the ballots as provided for general elections. > 26 3. Page 7, after line 5 by inserting: 27 < Sec. ___. Section 45.1, subsections 5, 6, 8, and 9, Code 28 2021, are amended to read as follows: 29 5. Nominations for candidates for offices filled by the 30 voters of a whole county may be made by nomination petitions 31 signed by eligible electors who are residents of the county 32 equal in number to at least one percent of the number of 33 registered voters in the county on July 1 in the year preceding 34 the year in which the office will appear on the ballot, or by at 35 -1- SF 568.2637.H (1) 89 md 1/ 9 #1. #2. #3.
least two hundred fifty eligible electors who are residents of 1 the county, whichever is less. as follows: 2 a. For a county with a population of fifteen thousand or 3 fewer according to the most recent federal decennial census, 4 nomination petitions shall include at least fifty signatures. 5 b. For a county with a population of greater than fifteen 6 thousand but fewer than fifty thousand according to the most 7 recent federal decennial census, nomination petitions shall 8 include at least seventy-five signatures. 9 c. For a county with a population of fifty thousand or 10 greater according to the most recent federal decennial census, 11 nomination petitions shall include at least one hundred 12 signatures. 13 6. Nominations for candidates for the office of county 14 supervisor elected by the voters of a supervisor district may 15 be made by nomination petitions signed by eligible electors who 16 are residents of the supervisor district equal in number to at 17 least one percent of the number of registered voters in the 18 supervisor district on July 1 in the year preceding the year 19 in which the office will appear on the ballot, or by at least 20 one hundred fifty eligible electors who are residents of the 21 supervisor district, whichever is less. as follows: 22 a. For a supervisor district with a population of fifty 23 thousand or fewer according to the most recent federal 24 decennial census, nomination petitions shall include at least 25 fifty signatures. 26 b. For a supervisor district with a population of greater 27 than fifty thousand according to the most recent federal 28 decennial census, nomination petitions shall include at least 29 one hundred signatures. 30 8. Nominations for candidates for elective offices in 31 cities where the council has adopted nominations under this 32 chapter may be submitted as follows: 33 a. Except as otherwise provided in subsection 9 , in cities 34 having a population of three thousand five hundred twenty-five 35 -2- SF 568.2637.H (1) 89 md 2/ 9
thousand or greater according to the most recent federal 1 decennial census, nominations may be made by nomination papers 2 signed by not less than twenty-five seventy-five eligible 3 electors who are residents of the city or ward. 4 b. In cities having a population of one hundred seven 5 thousand five hundred or greater, but less than three thousand 6 five hundred twenty-five thousand , according to the most recent 7 federal decennial census, nominations may be made by nomination 8 papers signed by not less than ten fifty eligible electors who 9 are residents of the city or ward. 10 c. In cities having a population of two thousand five 11 hundred or greater, but less than one hundred seven thousand 12 five hundred, according to the most recent federal decennial 13 census, nominations may be made by nomination papers signed 14 by not less than five twenty-five eligible electors who are 15 residents of the city or ward . 16 d. In cities having a population of less than two thousand 17 five hundred, according to the most recent federal decennial 18 census, nominations may be made by nomination papers signed by 19 not less than ten eligible electors who are residents of the 20 city or ward. 21 9. Nominations for candidates, other than partisan 22 candidates, for elective offices in special charter cities 23 subject to section 43.112 may be submitted as follows: 24 a. For the office of mayor and alderman at large, 25 nominations may be made by nomination papers signed by 26 seventy-five eligible electors residing in the city equal in 27 number to at least two percent of the total vote received by 28 all candidates for mayor at the last preceding city election . 29 b. For the office of ward alderman, nominations may be made 30 by nomination papers signed by seventy-five eligible electors 31 residing in the ward equal in number to at least two percent of 32 the total vote received by all candidates for ward alderman in 33 that ward at the last preceding city election . 34 Sec. ___. Section 48A.28, subsection 2, paragraph b, as 35 -3- SF 568.2637.H (1) 89 md 3/ 9
amended by 2021 Iowa Acts, Senate File 413, is amended to read 1 as follows: 2 b. A commissioner participating in the national change of 3 address program, in the first quarter of each calendar year, 4 shall send a notice and preaddressed, postage paid return 5 card by forwardable mail to each registered voter whose name 6 was not reported by the national change of address program 7 and who has not voted in the most recent general election and 8 has not registered again or who has not reported a change to 9 an existing registration. Registered voters receiving such 10 notice shall be marked inactive. The form and language of the 11 notice and return card shall be specified by the state voter 12 registration commission by rule. A registered voter shall 13 not be sent a notice and return card under this subsection 14 more frequently than once in a four-year period. A registered 15 voter shall not be sent a notice and return card under this 16 subsection if the registered voter was not eighteen years of 17 age on the date of the general election. > 18 4. Page 7, after line 20 by inserting: 19 < Sec. ___. Section 48A.41, subsection 1, as enacted by 2021 20 Iowa Acts, Senate File 413, section 32, is amended to read as 21 follows: 22 1. The state registrar of voters shall conduct an audit 23 of voter registration maintenance by each commissioner of 24 registration in April of each odd-numbered year, on a schedule 25 determined by the commissioner state registrar of voters . > 26 5. By striking page 8, line 30, through page 9, line 6. 27 6. Page 10, line 5, by striking < or likeness of the > and 28 inserting < facsimile or likeness of the > 29 7. Page 11, after line 25 by inserting: 30 < Sec. ___. Section 49.81, Code 2021, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 6. If a person casts a provisional ballot 33 pursuant to this section or section 49.78, the voter must offer 34 the required proof of residency or identification to vote in 35 -4- SF 568.2637.H (1) 89 md 4/ 9 #4. #5. #6. #7.
the polling place before the polls close on election day, or 1 to the commissioner’s office in order for the ballot to be 2 counted. The proof must be received by the commissioner not 3 later than noon on the Monday following the election, or if the 4 law authorizing the election specifies that the supervisors 5 canvass the votes earlier than the Monday following the 6 election, the proof must be received by the commissioner before 7 the canvass for that election by the board of supervisors. > 8 8. By striking page 12, line 15, through page 13, line 2. 9 9. Page 13, by striking lines 16 through 33. 10 10. Page 14, after line 25 by inserting: 11 < Sec. ___. Section 53.2, subsection 4, paragraph a, 12 subparagraph (1), Code 2021, is amended to read as follows: 13 (1) The name and signature of the registered voter and the 14 date on which the request was signed . 15 Sec. ___. Section 53.11, subsection 1, Code 2021, is amended 16 by adding the following new paragraphs: 17 NEW PARAGRAPH . c. An otherwise valid petition for a 18 satellite absentee voting station shall be rejected within four 19 days of the commissioner’s receipt of the petition if any of 20 the following circumstances apply: 21 (1) The site requested is not accessible to elderly and 22 disabled voters. 23 (2) The site requested has other physical limitations that 24 make it impossible to meet the requirements for ballot security 25 and secret voting. 26 (3) The owner of the site refuses permission to locate the 27 satellite absentee voting station at the site requested by the 28 petition, unless the site is required to serve as a polling 29 place pursuant to section 49.21, subsection 2. 30 (4) After reasonable efforts, the commissioner is unable 31 to sufficiently staff the satellite absentee voting station to 32 ensure compliance with the law of this state. 33 NEW PARAGRAPH . d. An otherwise valid petition for a 34 satellite absentee voting station may be rejected within four 35 -5- SF 568.2637.H (1) 89 md 5/ 9 #8. #9. #10.
days of the commissioner’s receipt of the petition if any of 1 the following circumstances apply: 2 (1) The petition requests a satellite absentee voting 3 station for a city runoff election and a special election is 4 scheduled to be held between the date of the regular city 5 election and the city runoff election. 6 (2) The owner of the site demands payment for the site’s 7 use, unless the site is required to serve as a polling place 8 pursuant to section 49.21, subsection 2. 9 Sec. ___. Section 53.11, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 7. Notwithstanding subsection 1, if the 12 commissioner receives valid petitions to establish two or more 13 satellite absentee voting stations located within the same 14 precinct, the commissioner may choose to establish a satellite 15 absentee voting station at only one of the locations. > 16 11. Page 15, after line 11 by inserting: 17 < Sec. ___. Section 53.33, as enacted by 2021 Iowa Acts, 18 Senate File 413, section 65, is amended by striking the section 19 and inserting in lieu thereof the following: 20 53.33 Unlawful return of ballot. 21 1. For the purposes of this section: 22 a. “Delivery agent” means an individual registered to vote 23 in this state who has been designated to return a completed 24 absentee ballot to the commissioner by another registered 25 voter who is unable to return the registered voter’s own 26 absentee ballot due to reason of blindness or other disability. 27 “Delivery agent” does not include the registered voter’s 28 employer, an agent of the registered voter’s employer, an 29 officer or agent of the registered voter’s union, or a person 30 acting as an actual or implied agent for a political party 31 as defined in section 43.2, or a candidate or committee, as 32 defined in section 68A.102. 33 b. “Immediate family member” means an individual related to 34 a registered voter within the fourth degree of consanguinity 35 -6- SF 568.2637.H (1) 89 md 6/ 9 #11.
or affinity. 1 2. No person other than the registered voter, an individual 2 who lives in the same household as the registered voter, an 3 immediate family member of the registered voter, an individual 4 acting in accordance with section 53.22, or a delivery agent 5 acting on behalf of a registered voter who is unable to return 6 the registered voter’s own ballot due to reason of blindness or 7 other disability, shall collect and return a completed absentee 8 ballot. 9 3. A registered voter who is unable to return the registered 10 voter’s own completed absentee ballot due to reason of 11 blindness or any physical disability other than intoxication 12 may designate a delivery agent to return the registered voter’s 13 completed absentee ballot. The registered voter shall complete 14 and sign a designation of delivery agent form prescribed by the 15 state commissioner prior to surrendering a ballot to a delivery 16 agent. 17 4. A delivery agent shall return no more than two completed 18 absentee ballots per election. This limit shall apply to all 19 elections occurring on the same calendar date. 20 5. A delivery agent shall fill out a receipt pursuant 21 to section 53.17, subsection 4, when retrieving a completed 22 absentee ballot from a registered voter. 23 6. A delivery agent shall collect the registered voter’s 24 designation of delivery agent form at the time the delivery 25 agent collects the registered voter’s completed absentee 26 ballot. The delivery agent shall deliver the registered 27 voter’s designation of delivery agent form to the commissioner 28 at the same time as the registered voter’s completed absentee 29 ballot. 30 7. Notwithstanding any provision of law to the contrary, a 31 delivery agent shall do all of the following when delivering a 32 completed absentee ballot to the commissioner: 33 a. Deliver the completed absentee ballot in person to the 34 commissioner’s office. The delivery agent shall not deliver 35 -7- SF 568.2637.H (1) 89 md 7/ 9
the completed absentee ballot by mail or to a ballot drop box. 1 b. Present identification sufficient to establish identity 2 pursuant to section 49.78. 3 c. On a form prescribed by the state commissioner, the 4 delivery agent shall provide the delivery agent’s full legal 5 name, residential address, phone number, and electronic mail 6 address, if applicable. The delivery agent shall also sign 7 under penalty of perjury a statement in substantially the 8 following form: 9 Under penalty of perjury, I hereby certify that I am a 10 registered voter in the State of Iowa and not the employer, 11 agent of the employer, or officer or agent of the union of 12 the registered voter whose completed absentee ballot I am 13 returning, or a person acting as an actual or implied agent for 14 a political party as defined in section 43.2, or a candidate 15 or committee, as defined in section 68A.102. I also certify 16 that I am acting as the delivery agent of the registered voter 17 whose completed absentee ballot I am returning, that I am 18 returning the registered voter’s completed absentee ballot to 19 the commissioner who issued the ballot, and that I have not 20 altered or tampered with the ballot. I acknowledge that Iowa 21 law prohibits delivery agents from returning more than two 22 completed absentee ballots for all elections occurring on the 23 same date. I have complied with Iowa law. I understand that 24 if I provide false information on this form, I may be guilty of 25 perjury, a class “D” felony, and subject to a maximum prison 26 term not to exceed five years and a fine of at least $1,025 but 27 not more than $10,245. > 28 12. Page 16, line 32, by striking < a. > 29 13. Page 17, by striking lines 2 through 9. 30 14. Page 18, line 3, by striking < 43.80, 49A.10, 49A.11, > 31 and inserting < 43.80 > 32 15. Page 18, after line 24 by inserting: 33 < i. The section of this Act amending section 45.1, 34 subsections 5, 6, 8, and 9. > 35 -8- SF 568.2637.H (1) 89 md 8/ 9 #12. #13. #14. #15.
16. Page 18, line 25, by striking < i. > and inserting < j. > 1 17. Page 18, line 27, by striking < j. > and inserting < k. > 2 18. Title page, line 2, by striking < nominations and > and 3 inserting < nominations, > 4 19. Title page, line 3, after < Constitution, > by inserting 5 < and absentee voting, > 6 20. By renumbering as necessary. 7 -9- SF 568.2637.H (1) 89 md 9/ 9 #16. #17. #18. #19.