House File 516 - Enrolled House File 516 AN ACT RELATING TO THE CONDUCT AND ADMINISTRATION OF ELECTIONS, INCLUDING VOTER REGISTRATION, ABSENTEE VOTING, VOTER IDENTITY VERIFICATION, SIGNATURE VERIFICATION, POLLING PLACE PROHIBITIONS, COMMISSIONER DUTIES AND CERTIFICATIONS, VOTER MISCONDUCT INFORMATION AND REPORTING, STRAIGHT PARTY VOTING, THE VOTING AGE AT PRIMARY ELECTIONS, CANDIDATE FILING DEADLINES, AND POST-ELECTION AUDITS, CREATING AN ELECTRONIC POLL BOOK AND POLLING PLACE TECHNOLOGY REVOLVING LOAN FUND, PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I GENERAL PROVISIONS Section 1. Section 22.7, Code 2017, is amended by adding the following new subsections: NEW SUBSECTION . 70. The voter verification number, as defined in section 53.2, subsection 4, paragraph “c” , that is assigned to a voter and maintained and updated in the statewide voter registration system. NEW SUBSECTION . 71. The personal identification number assigned by the state commissioner of elections pursuant to section 48A.10A, subsection 1.

House File 516, p. 2 Sec. 2. Section 39A.5, subsection 1, paragraph b, Code 2017, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (3) Violating any provision of chapter 48A for which another penalty is not provided. Sec. 3. NEW SECTION . 48A.24 Deadline for submitting voter registration forms. 1. A person who accepts a completed voter registration form from an applicant shall submit the form to the appropriate commissioner within seven days of receiving the form if the person accepting the form is doing so on behalf of any of the following: a. A political party, as defined in section 43.2. b. A nonparty political organization required to nominate candidates under chapter 44. c. A candidate or committee, as defined in section 68A.102. 2. Notwithstanding the deadline in subsection 1, a person described in subsection 1 who accepts a completed voter registration form from an applicant within three days of the voter registration deadline prescribed in section 48A.9 for the next election shall submit the form to the appropriate commissioner within twenty-four hours of accepting the form, and not later than the registration deadline. Sec. 4. Section 48A.30, subsection 1, Code 2017, is amended by adding the following new paragraph: NEW PARAGRAPH . 0f. The registered voter is not a resident of Iowa, or the registered voter submits documentation under section 607A.4, subsection 3, that indicates that the voter is not a citizen of the United States. Sec. 5. Section 48A.31, Code 2017, is amended to read as follows: 48A.31 Deceased persons record. The state registrar of vital statistics shall transmit or cause to be transmitted to the state registrar of voters, once each calendar quarter, a certified list of all persons seventeen and one-half years of age and older in the state whose deaths have been reported to the bureau of vital records of the Iowa department of public health since the previous list of decedents was certified to the state registrar of voters. The list shall be submitted according to the specifications

House File 516, p. 3 of the state registrar of voters and shall be transmitted to the state registrar of voters without charge for production or transmission . The commissioner shall, in the month following the end of a calendar quarter, run the statewide voter registration system’s matching program to determine whether a listed decedent was registered to vote in the county and shall immediately cancel the registration of any person named on the list of decedents. Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 2017, are amended to read as follows: 1. a. Any registered voter, under the circumstances specified in section 53.1 , may on any day, except election day, and not more than seventy one hundred twenty days prior to the date of the election, apply in person for an absentee ballot at the commissioner’s office or at any location designated by the commissioner. However, for those elections in which the commissioner directs the polls be opened at noon pursuant to section 49.73 , a voter may apply in person for an absentee ballot at the commissioner’s office from 8:00 a.m. until 11:00 a.m. on election day. b. A registered voter may make written application to the commissioner for an absentee ballot. A written application for an absentee ballot must be received by the commissioner no later than 5:00 p.m. on the Friday before the election on the same day as the voter registration deadline provided in section 48A.9 for the election for which the ballot is requested, except when the absentee ballot is requested and voted at the commissioner’s office pursuant to section 53.10 . A written application for an absentee ballot delivered to the commissioner and received by the commissioner more than seventy one hundred twenty days prior to the date of the election shall be retained by the commissioner and processed in the same manner as a written application received not more than seventy days before the date of the election returned to the voter with a notification of the date when the applications will be accepted . 4. a. Each application shall contain the following information: (1) The name and signature of the registered voter , the .

House File 516, p. 4 (2) The registered voter’s date of birth , the . (3) The address at which the voter is registered to vote , and the . (4) The registered voter’s voter verification number. (5) The name or date of the election for which the absentee ballot is requested , and such . (6) Such other information as may be necessary to determine the correct absentee ballot for the registered voter. b. If insufficient information has been provided, including the absence of a voter verification number, either on the prescribed form or on an application created by the applicant, the commissioner shall, by the best means available, obtain the additional necessary information. A voter requesting or casting a ballot pursuant to section 53.22 shall not be required to provide a voter verification number. c. For purposes of this subsection, “voter verification number” means the registered voter’s driver’s license number or nonoperator’s identification card number assigned to the voter by the department of transportation or the registered voter’s identification number assigned to the voter by the state commissioner pursuant to section 47.7, subsection 2. 8. An application for an absentee ballot that is returned to the commissioner by a person acting as an actual or implied agent for a political party, as defined in section 43.2, or by a candidate , or committee, all both as defined by chapter 68A , shall be returned to the commissioner within seventy-two hours of the time the completed application was received from the applicant or no later than 5:00 p.m. on the Friday before same day as the election deadline under subsection 1, paragraph “b” , whichever is earlier. An application received by a person acting as an actual or implied agent of a political party after the deadline but before the date of the election shall be returned to the commissioner within twenty-four hours. Sec. 7. Section 53.8, subsection 1, Code 2017, is amended by adding the following new paragraph: NEW PARAGRAPH . c. For envelopes mailed at any election other than the primary election, the commissioner shall not mark any envelope with any information related to the party affiliation of the applicant.

House File 516, p. 5 Sec. 8. Section 53.10, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 2A. A voter shall not vote or offer to vote any ballot except such as the voter has received from the commissioner. A voter voting an absentee ballot at the commissioner’s office shall not take or remove any ballot from the commissioner’s office. Sec. 9. Section 53.23, subsection 3, paragraph b, subparagraph (1), Code 2017, is amended to read as follows: (1) The commissioner may direct the board to meet on the day before the election for the purpose of reviewing the absentee voters’ affidavits appearing on the sealed envelopes. If in the commissioner’s judgment this procedure is necessary due to the number of absentee ballots received, the members of the board may open the sealed affidavit envelopes and remove the secrecy envelope containing the ballot, but under no circumstances shall a secrecy envelope or a return envelope marked with an affidavit be opened before the board convenes on election day, except as provided in paragraph “c” . If the affidavit envelopes are opened before election day pursuant to this paragraph “b” , two observers, one the observers appointed by each of the two political parties referred to in section 49.13, subsection 2 , party, as defined in section 43.2, shall witness the proceedings. Each political party may appoint up to five observers under this paragraph “b” . The observers shall be appointed by the county chairperson or, if the county chairperson fails to make an appointment, by the state chairperson. However, if either or both political parties fail to appoint an observer, the commissioner may continue with the proceedings. Sec. 10. Section 53.23, subsection 4, Code 2017, is amended to read as follows: 4. The room where members of the special precinct election board are engaged in counting absentee ballots on the day before the election pursuant to subsection 3 , paragraph “c” , or during the hours the polls are open shall be policed so as to prevent any person other than those whose presence is authorized by this subsection from obtaining information about the progress of the count. The only persons who may

House File 516, p. 6 be admitted to that room are the members of the board, one challenger five challengers representing each political party, one observer representing any nonparty political organization or any candidate nominated by petition pursuant to chapter 45 or any other nonpartisan candidate in a city or school election appearing on the ballot of the election in progress, one observer representing persons supporting a public measure appearing on the ballot and one observer representing persons opposed to such measure, and the commissioner or the commissioner’s designee. It shall be unlawful for any of these persons to communicate or attempt to communicate, directly or indirectly, information regarding the progress of the count at any time while the board is convened pursuant to subsection 3 , paragraph “c” , or at any time before the polls are closed. Sec. 11. EFFECTIVE DATE. The section of this division of this Act amending section 53.2 takes effect January 1, 2018. DIVISION II VOTER IDENTITY AND SIGNATURE VERIFICATION Sec. 12. Section 48A.2, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 4A. “Voter identification card” means a card issued pursuant to section 48A.10A. Sec. 13. Section 48A.7A, subsection 1, paragraph b, subparagraph (1), subparagraph division (c), Code 2017, is amended to read as follows: (c) A United States military or veterans identification card. Sec. 14. Section 48A.7A, subsection 1, paragraph b, subparagraph (2), unnumbered paragraph 1, Code 2017, is amended to read as follows: If the photographic identification presented does not contain the person’s current address in the precinct, the person shall also present one of the following documents that shows the person’s name and current address in the precinct , and the document must be dated, or describe terms of residency current to, within forty-five days prior to presentation : Sec. 15. Section 48A.7A, subsection 1, paragraph c, Code 2017, is amended to read as follows: c. In lieu of paragraph “b” , a person wishing to vote

House File 516, p. 7 may establish identity and residency in the precinct by written oath of a person who is registered to vote in the precinct. Before signing an oath under this paragraph, the attesting registered voter shall present to the precinct election official proof of the voter’s identity, as described in section 49.78, subsection 2. The registered voter’s oath shall attest to the stated identity of the person wishing to vote and that the person is a current resident of the precinct. The oath must be signed by the attesting registered voter in the presence of the appropriate precinct election official. A registered voter who has signed an oath on election day attesting to a person’s identity and residency as provided in this paragraph is prohibited from signing any further oaths as provided in this paragraph on that day. Sec. 16. Section 48A.7A, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 5. a. If a person registers to vote under this section at a polling place that has access to an electronic poll book, the precinct election official shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person has had the person’s voting rights restored. If the precinct election official determines that the person has not been convicted of a felony or has been convicted of a felony but the person’s voting rights have been restored, the precinct election official shall furnish a ballot to the voter. If the database indicates that the person has been convicted of a felony and that the person’s voting rights have not been restored, the precinct election official shall challenge the person under section 49.79. b. If a person registers to vote under this section at a polling place that does not have access to an electronic poll book, the person shall be permitted to cast a provisional ballot under section 49.81, and the absentee and special voters precinct board, appointed pursuant to section 53.23, shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person’s voting

House File 516, p. 8 rights have been restored. If information in the database indicates that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person’s voting rights have been restored, the voter’s provisional ballot shall be counted. If the database indicates that the person has been convicted of a felony and the person’s voting rights have not been restored, the voter’s provisional ballot shall be rejected. Sec. 17. Section 48A.8, subsection 2, Code 2017, is amended to read as follows: 2. An eligible elector who registers by mail and who has not previously voted in an election for federal office in the county of registration shall be required to provide identification documents when voting for the first time in the county, unless the registrant provided on the registration form the registrant’s Iowa driver’s license number, or the registrant’s Iowa nonoperator’s identification card number, or the last four numerals of the registrant’s social security number and the driver’s license, nonoperator’s identification, or partial social security number matches an existing state or federal identification record with the same number, name, and date of birth. If the registrant under this subsection votes in person at the polls, or by absentee ballot at the commissioner’s office or at a satellite voting station, the registrant shall provide a current and valid photo identification card , or and shall present , as proof of residence, to the appropriate election official one of the following current documents that shows the name and address of the registrant: 0a. Residential lease. 00a. Property tax statement. a. Utility bill. b. Bank statement. c. Paycheck. d. Government check. e. Other government document. Sec. 18. NEW SECTION . 48A.10A Voter identification cards —— verification of voter registration information. 1. The state registrar shall compare lists of persons who

House File 516, p. 9 are registered to vote with the department of transportation’s driver’s license and nonoperator’s identification card files and shall, on an initial basis, issue a voter identification card to each active, registered voter whose name does not appear in the department of transportation’s files. The voter identification card shall include the name of the registered voter, a signature line above which the registered voter shall sign the voter identification card, the registered voter’s identification number assigned to the voter pursuant to section 47.7, subsection 2, and an additional four-digit personal identification number assigned by the state commissioner. 2. The commissioner shall issue voter identification cards on an ongoing basis as prescribed by the state registrar. The commissioner shall, as a part of the voter acknowledgment process required under sections 48A.26 and 48A.26A, issue a voter identification card to a registered voter under this subsection at the time of registration or update to registration if the registered voter’s name does not appear in the department of transportation’s driver’s license or nonoperator’s identification card files. A registered voter whose name appears in the department of transportation’s driver’s license or nonoperator’s identification card files shall not be issued a voter identification card pursuant to this section. 3. A person issued a voter identification card under this section shall not be charged any fee for the issuance or delivery of the voter identification card. 4. Implementation of this section shall be contingent upon appropriations by the general assembly in sufficient amounts to meet the requirements of this section. 5. The state registrar shall adopt rules pursuant to chapter 17A to implement this section. Sec. 19. Section 48A.26A, subsection 1, Code 2017, is amended to read as follows: 1. Within forty-five twenty-one days of receiving a voter registration form completed under section 48A.7A , the commissioner shall send an acknowledgment to the registrant, in the manner provided in section 48A.26, subsections 2 through 5 , as applicable, at the mailing address shown on the registration

House File 516, p. 10 form. The acknowledgment shall be sent by nonforwardable mail. Sec. 20. NEW SECTION . 48A.26B Form of acknowledgment. The state registrar shall adopt rules pursuant to chapter 17A to prescribe the form of written acknowledgments sent to a registrant by a commissioner pursuant to section 48A.26 or 48A.26A. Sec. 21. Section 48A.38, subsection 1, paragraph f, Code 2017, is amended to read as follows: f. The county commissioner of registration and the state registrar of voters shall remove a voter’s whole or partial social security number, as applicable, voter identification number assigned by the state commissioner, Iowa driver’s license number, or Iowa nonoperator’s identification card number from a voter registration list prepared pursuant to this section . Sec. 22. Section 49.53, subsection 1, Code 2017, is amended to read as follows: 1. The commissioner shall not less than four nor more than twenty days before the day of each election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall contain a facsimile of the portion of the ballot containing the first rotation as prescribed by section 49.31, subsection 2 , and shall show the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The sample ballot published as a part of the notice may at the discretion of the commissioner be reduced in size relative to the actual ballot but such reduction shall not cause upper case letters appearing in candidates’ names or in summaries of public measures on the published sample ballot to be less than nine point type. The notice shall also state the date of the election, the hours the polls will be open, that each voter is required to provide identification at the polling place before the voter can receive and cast a ballot, the location of each polling place at which voting is to occur in the election, and the names of the precincts voting at each polling place, but the statement need not set forth any fact which is apparent from the portion of the ballot appearing as a part of the same notice. The notice shall include the full

House File 516, p. 11 text of all public measures to be voted upon at the election. Sec. 23. Section 49.77, subsection 1, unnumbered paragraph 1, Code 2017, is amended to read as follows: The board members of their respective precincts shall have charge of the ballots and shall furnish them to the voters after verifying each voter’s identity pursuant to section 49.78 . Sec. 24. Section 49.77, subsection 1, paragraph a, Code 2017, is amended to read as follows: a. Any person desiring to vote shall sign a voter’s declaration provided by the officials, in substantially the following form: VOTER’S DECLARATION OF ELIGIBILITY I do solemnly swear or affirm that I am a resident of the .... precinct, .... ward or township, city of ........ , county of ........ , Iowa. I am a registered voter. I was born on the .... day of .... (month) .... (year). I have not voted and will not vote in any other precinct in said election. I understand that any false statement in this declaration is a criminal offense punishable as provided by law. ................................ Signature of Voter ................................ Address ................................ Telephone (optional) Approved: ............................................ Board Member Sec. 25. Section 49.77, subsection 3, Code 2017, is amended by striking the subsection. Sec. 26. Section 49.77, subsection 4, paragraph a, Code 2017, is amended to read as follows: a. A person whose name does not appear on the election register of the precinct in which that person claims the right to vote shall not be permitted to vote, unless the person affirms that the person is currently registered in the county

House File 516, p. 12 and presents proof of identity and residence as required pursuant to section 48A.8 , or the commissioner informs the precinct election officials that an error has occurred and that the person is a registered voter of that precinct. If the commissioner finds no record of the person’s registration but the person insists that the person is a registered voter of that precinct, the precinct election officials shall allow the person to cast a ballot in the manner prescribed by section 49.81 . Sec. 27. NEW SECTION . 49.78 Voter identity and signature verification. 1. To ensure the integrity of, and to instill public confidence in, all elections in this state the general assembly finds that the verification of a voter’s identity is necessary before a voter is permitted to receive and cast a ballot. 2. a. Before a precinct election official furnishes a ballot to a voter under section 49.77, the voter shall establish the voter’s identity by presenting the official with one of the following forms of identification for verification: (1) An Iowa driver’s license issued pursuant to section 321.189. (2) An Iowa nonoperator’s identification card issued pursuant to section 321.190. (3) A United States passport. (4) A United States military or veterans identification card. b. Upon being presented with a form of identification under this section, the precinct election official shall examine the identification. The precinct election official shall use the information on the identification card, including the signature, to determine whether the person offering to vote appears to be the person depicted on the identification card. The voter’s signature shall generally be presumed to be valid. If the identification provided does not appear to be the person offering to vote under section 49.77, the precinct election official shall challenge the person offering to vote in the same manner provided for other challenges by sections 49.79 and 49.80. A person offering to vote who establishes identity by presenting a veteran’s identification card that does not

House File 516, p. 13 contain a signature, is not subject to challenge under this paragraph “b” . 3. To establish the voter’s identity under this section, a person who is registered to vote but is unable to present a form of identification listed under subsection 2 may present any of the following: a. A current voter identification card provided pursuant to section 48A.10A that contains the voter identification number if the voter identification card is signed before the voter presents the card to the election official. b. Other forms of identification sufficient to establish identity and residence under section 48A.7A, subsection 1, paragraph “b” . 4. A person who is registered to vote but is unable to present a form of identification under subsection 2 or 3 may establish identity and residency in the precinct by written oath of a person who is also registered to vote in the precinct. The attesting registered voter’s oath shall attest to the stated identity of the person wishing to vote and that the person is a current resident of the precinct. The oath must be signed by the attesting registered voter in the presence of the appropriate precinct election official. A registered voter who has signed two oaths on election day attesting to a person’s identity and residency as provided in this subsection is prohibited from signing any further oaths as provided in this subsection on that day. 5. The form of the written oath required of a registered voter attesting to the identity and residency of the voter unable to present a form of identification shall read as follows: I, ..... (name of attesting registered voter), do solemnly swear or affirm all of the following: I am a preregistered voter in this precinct or I registered to vote in this precinct today, and a registered voter did not sign an oath on my behalf. I have not signed more than one oath attesting to the identity and residence of any other person in this election. I am a resident of the ... precinct, ... ward or township, city of ....., county of ....., Iowa.

House File 516, p. 14 I reside at ....... (street address) in ..... (city or township). I personally know ..... (name of voter), and I personally know that ..... (name of voter) is a resident of the ... precinct, ..... ward or township, city of ....., county of ....., Iowa. I understand that any false statement in this oath is a class “D” felony punishable by no more than five years in confinement and a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars. ............. Signature of Attesting Registered Voter Subscribed and sworn before me on .. (date). ............. Signature of Precinct Election Official 6. A voter who is not otherwise disqualified from voting and who has established identity under subsection 2, 3, or 4 shall be furnished a ballot and be allowed to vote under section 49.77. 7. A registered voter who fails to establish the voter’s identity under this section shall be permitted to cast a provisional ballot under section 49.81. 8. a. Notwithstanding subsection 7, for any election conducted prior to January 1, 2019, a registered voter who fails to establish the voter’s identity under this section shall be permitted to vote upon signing an oath attesting to the voter’s identity. The form of the written oath required of the person voting under this subsection shall read as follows: My name is ............., and I am a United States citizen, at least eighteen years of age. I am the person named above, I am a registered voter of this county, and I am eligible to vote in this election. ............. (signature of voter) (date) b. This subsection is repealed July 1, 2019. Sec. 28. Section 49.81, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 1A. A prospective voter who is unable to establish identity under section 49.78, subsection 2, paragraph “a” , or section 49.78, subsection 3 or 4, shall be notified by

House File 516, p. 15 the appropriate precinct election official that the voter may cast a provisional ballot. The voter shall mark the ballot and immediately seal it in an envelope of the type prescribed by subsection 4. The voter shall deliver the sealed envelope to a precinct election official who shall deposit it in an envelope marked “provisional ballots”. The ballot shall be considered as having been cast in the special precinct established by section 53.20 for purposes of the postelection canvass. Sec. 29. Section 49.124, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 3. The training course and the continuing education program under this section shall include practical and holistic instruction on the criteria for determining whether a person meets the requirements for establishing identity under section 49.78, subsection 2, consistent with all voting rights and nondiscrimination provisions of federal and state law. The state commissioner of elections shall adopt rules pursuant to chapter 17A to implement instruction required under this subsection. Sec. 30. Section 53.2, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 4A. The commissioner may dispute an application if it appears to the commissioner that the signature on the application has been signed by someone other than the registered voter, in comparing the signature on the application to the signature on record of the registered voter named on the application. If the commissioner disputes a registered voter’s application under this subsection, the commissioner shall notify the registered voter and the registered voter may submit a new application and signature or update the registered voter’s signature on record, as provided by rule adopted by the state commissioner. Sec. 31. Section 53.18, subsection 3, Code 2017, is amended to read as follows: 3. If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee

House File 516, p. 16 ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2 . For the purposes of this section, a return envelope marked with the affidavit shall be considered to contain a defect if it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A signature or marking made in accordance with section 39.3, subsection 17, shall not be considered a defect for purposes of this section. The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope and records of the replacement ballot. The envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The envelope marked with the affidavit and containing the original ballot shall be marked “Defective” and the replacement ballot shall be attached to such envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27 . Sec. 32. Section 53.22, Code 2017, is amended by adding the following new subsection: NEW SUBSECTION . 7. The proof of identity requirements under section 49.78 shall not apply to a voter casting a ballot pursuant to this section. Sec. 33. Section 53.25, Code 2017, is amended to read as follows: 53.25 Rejecting ballot. 1. a. If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or

House File 516, p. 17 return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18 , the vote ballot shall be rejected by the absentee and special voters precinct board. b. If a voter casts a provisional ballot pursuant to section 49.78, subsection 7, and the voter has failed to establish the voter’s identity at the commissioner’s office, the provisional ballot shall be rejected by the absentee and special voters precinct board. 2. If the absentee or provisional ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections. Sec. 34. SEVERABILITY. If any provision of this division of this Act or the application of any provision of this division of this Act to any person or circumstance is held invalid, the invalidity shall not affect other provisions of the division which can be given effect without the invalid provisions or application of the invalid provisions, and to this end, the provisions of the division are severable. Sec. 35. EFFECTIVE DATE. This division of this Act takes effect upon the appropriation of moneys by the general assembly to the state commissioner of elections in an amount sufficient for implementation of section 48A.10A as declared by the general assembly. Sec. 36. APPLICABILITY. This division of this Act applies to elections held on or after the effective date of this division of this Act. DIVISION III POLLING PLACES Sec. 37. NEW SECTION . 47.11 Electronic poll book and polling place technology program —— revolving loan fund. 1. An electronic poll book and polling place technology program is created and an electronic poll book and polling

House File 516, p. 18 place technology revolving loan fund is created in the state treasury under the control of the state commissioner. The program and revolving loan fund shall be administered by the state commissioner and the revolving loan fund shall include moneys allocated from the state commissioner’s budget and any other moneys obtained or accepted by the state commissioner for deposit in the revolving loan fund. 2. a. The state commissioner may loan moneys in the revolving loan fund to county commissioners for the purchase or update of electronic poll book and polling place technology. b. Moneys loaned under this subsection shall be used, in accordance with section 49.28, to furnish electronic poll books to election precincts for the purpose of modernizing polling places throughout the state. c. The state commissioner may spend an amount not to exceed thirty percent of the moneys in the revolving loan fund at the beginning of a fiscal year to administer polling place technology to ensure compliance with state standards of technological security and the protection of personally identifiable information. 3. A loan made under this section shall bear no interest. 4. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the revolving loan fund shall be credited to the revolving loan fund. Notwithstanding section 8.33, moneys in the revolving loan fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert to any other fund but shall remain available in the revolving loan fund for the purposes designated. 5. The state commissioner shall adopt rules pursuant to chapter 17A to administer this section. Sec. 38. Section 49.88, subsection 1, Code 2017, is amended to read as follows: 1. No more than one person shall be allowed to occupy any voting booth at any time. The use of cameras, cellular telephones, pagers, or other electronic communications devices in the voting booth photographic devices and the display of voted ballots is prohibited if such use or display is for purposes prohibited under chapter 39A, interferes with other voters, or interferes with the orderly operation of the polling