House File 2374
HOUSE FILE
BY JACOBS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to elections and voter registration by
2 implementing requirements of federal law, adjusting language
3 to reflect current practice, making changes related to
4 absentee voting, and including effective date provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5928YH 80
7 sc/pj/5
PAG LIN
1 1 Section 1. Section 39A.4, subsection 1, paragraph c, Code
1 2 2003, is amended by adding the following new subparagraphs:
1 3 NEW SUBPARAGRAPH. (11) Returning a voted absentee ballot
1 4 to the commissioner's office and the person returning the
1 5 ballot is not the voter, a special precinct election official
1 6 designated pursuant to section 53.22, subsection 1, or the
1 7 designee of a voter described in section 53.22, subsection 5.
1 8 NEW SUBPARAGRAPH. (12) Making a false or untrue statement
1 9 reporting that a voted absentee ballot was returned to the
1 10 commissioner's office by a person other than the voter, a
1 11 special precinct election official designated pursuant to
1 12 section 53.22, subsection 1, or the designee of a voter
1 13 described in section 53.22, subsection 5.
1 14 Sec. 2. Section 47.1, Code Supplement 2003, is amended by
1 15 adding the following new unnumbered paragraph:
1 16 NEW UNNUMBERED PARAGRAPH. The state commissioner shall
1 17 adopt rules pursuant to chapter 17A, for the implementation of
1 18 uniform and nondiscriminatory administrative complaint
1 19 procedures for resolution of grievances relating to violations
1 20 of Title III of Pub. L. No. 107=252. In complaint proceedings
1 21 in which all of the respondents are local election officials,
1 22 the presiding officer shall be the state commissioner of
1 23 elections. In complaint proceedings in which one of the
1 24 respondents is the state commissioner of elections, the
1 25 presiding officer shall be a panel consisting of all members
1 26 of the state voter registration commission appointed pursuant
1 27 to section 47.8, except the state commissioner of elections or
1 28 the state commissioner's designee.
1 29 Sec. 3. Section 47.7, subsections 2, 3, and 4, Code
1 30 Supplement 2003, are amended by striking the subsections and
1 31 inserting in lieu thereof the following:
1 32 2. a. On or before January 1, 2006, the state registrar
1 33 of voters shall implement in a uniform and nondiscriminatory
1 34 manner, a single, uniform, official, centralized, interactive
1 35 computerized statewide voter registration file defined,
2 1 maintained, and administered at the state level that contains
2 2 the name and registration information of every legally
2 3 registered voter in the state and assigns a unique identifier
2 4 to each legally registered voter in the state. The state
2 5 voter registration system shall be coordinated with other
2 6 agency databases within the state, including, but not limited
2 7 to, the department of transportation driver's license records,
2 8 judicial records of convicted felons and persons declared
2 9 incompetent to vote, and department of public health records
2 10 of deceased persons.
2 11 b. On or after January 1, 2006, a county shall not
2 12 establish or maintain a voter registration system separate
2 13 from the state voter registration system. Each county shall
2 14 provide to the state registrar the names, voter registration
2 15 information, and voting history of each registered voter in
2 16 the county in the form required by the state registrar.
2 17 c. A state or local election official may obtain immediate
2 18 electronic access to the information contained in the
2 19 computerized voter registration file. All voter registration
2 20 information obtained by a local election official shall be
2 21 electronically entered into the computerized voter
2 22 registration file on an expedited basis at the time the
2 23 information is provided to the local election official. The
2 24 state registrar shall provide such support as may be required
2 25 to enable local election officials to electronically enter the
2 26 information into the computerized voter registration file on
2 27 an expedited basis. The list generated from the computerized
2 28 file shall serve as the official voter registration list for
2 29 the conduct of all elections for federal office in the state.
2 30 d. The state registrar shall prescribe by rule the
2 31 procedures for access to the state voter registration file,
2 32 security requirements, and access protocols for adding,
2 33 changing, or deleting information from the state voter
2 34 registration file.
2 35 Sec. 4. Section 47.8, Code Supplement 2003, is amended by
3 1 adding the following new subsection:
3 2 NEW SUBSECTION. 5. In complaint proceedings held pursuant
3 3 to section 47.1 in which one of the respondents is the state
3 4 commissioner of elections, the presiding officer shall be a
3 5 panel consisting of all members of the state voter
3 6 registration commission, except the state commissioner of
3 7 elections or the state commissioner's designee.
3 8 Sec. 5. Section 48A.8, Code 2003, is amended to read as
3 9 follows:
3 10 48A.8 REGISTRATION BY MAIL.
3 11 1. An eligible elector may register to vote by completing
3 12 a mail registration form. The form may be mailed or delivered
3 13 by the registrant or the registrant's designee to the
3 14 commissioner in the county where the person resides. A
3 15 separate registration form shall be signed by each individual
3 16 registrant.
3 17 2. An eligible elector who registers by mail and who has
3 18 not previously voted in an election for federal office in the
3 19 county of registration shall be required to provide
3 20 identification documents when voting for the first time in the
3 21 county, unless the registrant provided on the registration
3 22 form the registrant's Iowa driver's license number, or the
3 23 registrant's Iowa nonoperator's identification card number, or
3 24 the last four numerals of the registrant's social security
3 25 number and the driver's license, nonoperator's identification,
3 26 or partial social security number matches an existing state or
3 27 federal identification record with the same number, name, and
3 28 date of birth. If the registrant under this subsection votes
3 29 in person at the polls, or by absentee ballot at the
3 30 commissioner's office or at a satellite voting station, the
3 31 registrant shall provide a current and valid photo
3 32 identification card, or shall present to the appropriate
3 33 election official one of the following current documents that
3 34 shows the name and address of the registrant:
3 35 a. Utility bill.
4 1 b. Bank statement.
4 2 c. Paycheck.
4 3 d. Government check.
4 4 e. Other government document.
4 5 3. If the registrant under subsection 2 votes an absentee
4 6 ballot by mail, the registrant shall provide a photocopy of
4 7 one of the documents listed in subsection 2 when returning the
4 8 absentee ballot.
4 9 4. A registrant under subsection 2 who is required to
4 10 present identification when casting a ballot in person shall
4 11 be permitted to vote a provisional ballot if the voter does
4 12 not provide the required identification documents. If a voter
4 13 who is required to present identification when casting a
4 14 ballot votes an absentee ballot by mail, the ballot returned
4 15 by the voter shall be considered a provisional ballot pursuant
4 16 to sections 49.81 and 53.31.
4 17 Sec. 6. Section 48A.11, subsection 1, paragraph b, Code
4 18 2003, is amended to read as follows:
4 19 b. The registrant's name, including first name and any
4 20 family forename or surname.
4 21 Sec. 7. Section 48A.11, subsection 1, paragraph e, Code
4 22 2003, is amended by striking the paragraph and inserting in
4 23 lieu thereof the following:
4 24 e. Iowa driver's license number if the registrant has a
4 25 current and valid Iowa driver's license, Iowa nonoperator's
4 26 identification card if the registrant has a current and valid
4 27 Iowa nonoperator's identification card, or the last four
4 28 numerals of the registrant's social security number. If the
4 29 registrant does not have an Iowa driver's license number, an
4 30 nonoperator's identification card number, or a social security
4 31 number, the form shall provide space for a number to be
4 32 assigned as provided in subsection 7.
4 33 Sec. 8. Section 48A.11, subsection 1, paragraph f, Code
4 34 2003, is amended to read as follows:
4 35 f. Date of birth, including month, date, and year.
5 1 Sec. 9. Section 48A.11, Code 2003, is amended by adding
5 2 the following new subsection:
5 3 NEW SUBSECTION. 2A. The following questions and statement
5 4 regarding eligibility shall be included on forms that may be
5 5 used for registration by mail:
5 6 a. Are you a citizen of the United States of America?
5 7 b. Will you be eighteen years of age on or before election
5 8 day?
5 9 c. If you checked "no" in response to either of these
5 10 questions, do not complete this form.
5 11 Sec. 10. Section 48A.11, subsection 5, Code 2003, is
5 12 amended to read as follows:
5 13 5. All forms for voter registration shall be prescribed by
5 14 rule adopted by the state voter registration commission.
5 15 Sec. 11. Section 48A.11, Code 2003, is amended by adding
5 16 the following new subsection:
5 17 NEW SUBSECTION. 7. A voter registration application
5 18 lacking the registrant's name, sex, date of birth, or
5 19 residence address or description shall not be processed. A
5 20 voter registration application lacking the registrant's
5 21 driver's license number, Iowa nonoperator's identification
5 22 card number, or the last four digits of the registrant's
5 23 social security number shall not be processed. A registrant
5 24 whose registration is not processed pursuant to this
5 25 subsection shall be notified pursuant to section 48A.26,
5 26 subsection 3. A registrant who does not have an Iowa driver's
5 27 license number, an Iowa nonoperator's identification number,
5 28 or a social security number and who notifies the registrar of
5 29 such shall be assigned a unique identifying number that shall
5 30 serve to identify the registrant for voter registration
5 31 purposes.
5 32 Sec. 12. NEW SECTION. 48A.25A VERIFICATION OF VOTER
5 33 REGISTRATION INFORMATION.
5 34 Upon receipt of an application for voter registration by
5 35 mail, the state registrar of voters shall compare the driver's
6 1 license number, the Iowa nonoperator's identification card
6 2 number, or the last four numerals of the social security
6 3 number provided by the registrant with the records of the
6 4 state department of transportation. To be verified, the voter
6 5 registration record shall contain the same name, date of
6 6 birth, and driver's license or whole or partial social
6 7 security number as the records of the department of
6 8 transportation. If the information cannot be verified, the
6 9 application shall be rejected and the registrant shall be
6 10 notified of the reason for the rejection. If the information
6 11 can be verified, a record shall be made of the verification
6 12 and the application shall be accepted.
6 13 The voter registration commission shall adopt rules in
6 14 accordance with chapter 17A to provide procedures for
6 15 processing registration applications if the department of
6 16 transportation does not, before the close of registration for
6 17 an election for which the voter registration would be
6 18 effective, if verified, provide a report that the information
6 19 on the application has matched or not matched the records of
6 20 the department.
6 21 This section does not apply to persons entitled to register
6 22 to vote and to vote pursuant to section 48A.5, subsection 4.
6 23 Sec. 13. Section 48A.26, subsection 3, Code 2003, is
6 24 amended to read as follows:
6 25 3. If the registration form is missing required
6 26 information pursuant to section 48A.11, subsection 7, the
6 27 acknowledgment shall advise the applicant what additional
6 28 information is required. The commissioner shall enclose a new
6 29 registration by mail form for the applicant to use. If the
6 30 registration form has no address, the commissioner shall make
6 31 a reasonable effort to determine where the acknowledgment
6 32 should be sent. If the incomplete application is received
6 33 during the twelve days before the close of registration for an
6 34 election, the commissioner shall provide the registrant with
6 35 an opportunity to complete the form before the close of
7 1 registration.
7 2 Sec. 14. Section 48A.26, Code 2003, is amended by adding
7 3 the following new subsections:
7 4 NEW SUBSECTION. 3A. If the registrant applied by mail to
7 5 register to vote and did not answer either "yes" or "no" to
7 6 the question in section 48A.11, subsection 2A, paragraph "a",
7 7 the application shall be processed, but the registration shall
7 8 be designated as valid only for elections that do not include
7 9 candidates for federal offices on the ballot. The
7 10 acknowledgment shall advise the applicant that the status of
7 11 the registration is local and the reason for the registration
7 12 being assigned local status. The commissioner shall enclose a
7 13 new registration by mail form for the applicant to use. If
7 14 the original application is received during the twelve days
7 15 before the close of registration for an election that includes
7 16 candidates for federal offices on the ballot, the commissioner
7 17 shall provide the registrant with an opportunity to complete
7 18 the form before the close of registration.
7 19 NEW SUBSECTION. 3B. If the registrant applied by mail to
7 20 register to vote and answered "no" to the question in section
7 21 48A.11, subsection 2A, paragraph "a", the application shall
7 22 not be processed. The acknowledgement shall advise the
7 23 applicant that the registration has been rejected because the
7 24 applicant indicated on the registration form that the
7 25 applicant is not a citizen of the United States.
7 26 Sec. 15. Section 48A.28, subsection 2, unnumbered
7 27 paragraph 2, Code 2003, is amended to read as follows:
7 28 A commissioner participating in the national change of
7 29 address program, in the first quarter of each calendar year,
7 30 shall send a notice and preaddressed, postage paid return card
7 31 by forwardable mail to each registered voter whose name was
7 32 not reported by the national change of address program and who
7 33 has not voted, in two or more consecutive general elections
7 34 and has not registered again, or who has not reported a change
7 35 to an existing registration, or who has not responded to a
8 1 notice from the commissioner or registrar during the preceding
8 2 four calendar years period between and following the previous
8 3 two general elections. The form and language of the notice
8 4 and return card shall be specified by the state voter
8 5 registration commission by rule. A registered voter shall not
8 6 be sent a notice and return card under this subsection more
8 7 frequently than once in a four=year period.
8 8 Sec. 16. Section 48A.36, subsection 2, Code 2003, is
8 9 amended to read as follows:
8 10 2. Upon receipt of electronic registration data under
8 11 subsection 1, the state registrar of voters may shall cause
8 12 the updating of registration records for registrants in
8 13 counties which have arranged for data processing services
8 14 under section 47.7, subsection 2. The registrar shall notify
8 15 the appropriate commissioner of the actions taken.
8 16 Sec. 17. Section 48A.37, subsection 2, Code 2003, is
8 17 amended to read as follows:
8 18 2. Electronic records shall include a status code
8 19 designating whether the records are active, or inactive,
8 20 local, or pending. Inactive records are records of registered
8 21 voters to whom notices have been sent pursuant to section
8 22 48A.28, subsection 3, and who have not returned the card or
8 23 otherwise responded to the notice, and those records have been
8 24 designated inactive pursuant to section 48A.29. Local records
8 25 are records of applicants who did not answer either "yes" or
8 26 "no" to the question in section 48A.11, subsection 2A,
8 27 paragraph "a". Pending records are records of applicants
8 28 whose applications have not been verified pursuant to section
8 29 48A.25A. All other records are active records. An inactive
8 30 record shall be made active when the registered voter votes at
8 31 an election, registers again, or reports a change of name,
8 32 address, telephone number, or political party affiliation. A
8 33 pending record shall be made active upon verification. A
8 34 local record shall be valid for any election for which no
8 35 candidates for federal office appear on the ballot, but the
9 1 registrant may not vote in a federal election unless the
9 2 registrant submits a new voter registration application before
9 3 election day indicating that the applicant is a citizen of the
9 4 United States.
9 5 Sec. 18. Section 48A.38, subsection 1, paragraph f, Code
9 6 2003, is amended to read as follows:
9 7 f. The county commissioner of registration and the state
9 8 registrar of voters shall remove a voter's social security
9 9 number, driver's license number, or Iowa nonoperator's
9 10 identification card number from a voter registration list
9 11 prepared pursuant to this section.
9 12 Sec. 19. Section 49.81, Code 2003, is amended to read as
9 13 follows:
9 14 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL
9 15 BALLOT.
9 16 1. A prospective voter who is prohibited under section
9 17 48A.8, subsection 4, section 49.77, subsection 4, or section
9 18 49.80 from voting except under this section shall be permitted
9 19 to notified by the appropriate precinct election official that
9 20 the voter may cast a paper provisional ballot. If a booth
9 21 meeting the requirement of section 49.25 is not available at
9 22 that polling place, the precinct election officials shall make
9 23 alternative arrangements to insure the challenged voter the
9 24 opportunity to vote in secret. The marked ballot, folded as
9 25 required by section 49.84, shall be delivered to a precinct
9 26 election official who shall immediately seal it in an envelope
9 27 of the type prescribed by subsection 4. The sealed envelope
9 28 shall be deposited in a special an envelope marked "ballots
9 29 for special precinct" "provisional ballots" and shall be
9 30 considered as having been cast in the special precinct
9 31 established by section 53.20 for purposes of the postelection
9 32 canvass.
9 33 2. Each person who casts a special provisional ballot
9 34 under this section shall receive a printed statement in
9 35 substantially the following form:
10 1 Your qualifications as a registered voter have been
10 2 challenged for the following reasons:
10 3 I. .................................................
10 4 II. .................................................
10 5 III. .................................................
10 6 You must show identification before your ballot can be
10 7 counted. Please bring or mail a copy of a current and valid
10 8 photo identification card to the county commissioners office
10 9 or bring or mail a copy of one of the following current
10 10 documents that show your name and address:
10 11 a. Utility bill.
10 12 b. Bank statement.
10 13 c. Paycheck.
10 14 d. Government check.
10 15 e. Other government document.
10 16 PARAGRAPH DIVIDED. Your right to vote will be reviewed by
10 17 the special precinct counting board on ...... You have the
10 18 right and are encouraged to make a written statement and
10 19 submit additional written evidence to this board supporting
10 20 your qualifications as a registered voter. This written
10 21 statement and evidence may be given to an election official of
10 22 this precinct on election day or mailed or delivered to the
10 23 county commissioner of elections, but must be received before
10 24 .... a.m./p.m. on ...... at ...... If your ballot is not
10 25 counted you will receive, by mail, notification of this fact
10 26 and the reason that the ballot was not counted.
10 27 3. Any elector may present written statements or
10 28 documents, supporting or opposing the counting of any special
10 29 provisional ballot, to the precinct election officials on
10 30 election day, until the hour for closing the polls. Any
10 31 statements or documents so presented shall be delivered to the
10 32 commissioner when the election supplies are returned.
10 33 4. The individual envelopes used for each paper
10 34 provisional ballot cast pursuant to subsection 1 shall have
10 35 printed on them the format of the face of the registration
11 1 form under section 48A.8 and the following:
11 2 I believe I am a registered voter of this precinct county
11 3 and I am eligible to vote in this election. I registered to
11 4 vote in ...... county on or about ...... at ....... My name at
11 5 that time was ....... I have not moved to a different county
11 6 since that time. I am a United States citizen, at least
11 7 eighteen years of age.
11 8 ............................
11 9 (signature of voter) (date)
11 10 The following information is to be provided by the precinct
11 11 election official:
11 12 Reason for challenge:
11 13 ..................................
11 14 ..................................
11 15 Did not present required identification form.
11 16 ............................
11 17 (signature of precinct
11 18 election official)
11 19 The precinct election official shall attach a completed
11 20 voter registration form from each provisional voter unless the
11 21 person's registration status is listed in the election
11 22 register as pending.
11 23 Sec. 20. Section 49.98, Code 2003, is amended to read as
11 24 follows:
11 25 49.98 COUNTING BALLOTS.
11 26 The ballots shall be counted according to the voters' marks
11 27 on them as provided in sections 49.92 to 49.97, and not
11 28 otherwise. If, for any reason, it is impossible to determine
11 29 from a ballot, as marked, the choice of the voter for any
11 30 office, the vote for that office shall not be counted. When
11 31 there is a conflict between a straight party or organization
11 32 vote for one political party or nonparty political
11 33 organization and the vote cast by marking the voting target
11 34 next to the name of a candidate for another political party or
11 35 nonparty political organization on the ballot, the mark next
12 1 to the name of the candidate shall be held to control, and the
12 2 straight party or organization vote in that case shall not
12 3 apply as to that office. Any ballot shall be rejected if it
12 4 is marked in any other manner than authorized in sections
12 5 49.92 to 49.97. A ballot shall be rejected if the voter used
12 6 a mark to identify the voter's ballot. For each voting
12 7 system, the state commissioner shall, by rule adopted pursuant
12 8 to chapter 17A, develop uniform definitions of what
12 9 constitutes a vote.
12 10 Sec. 21. Section 50.20, Code 2003, is amended to read as
12 11 follows:
12 12 50.20 NOTICE OF NUMBER OF SPECIAL PROVISIONAL BALLOTS.
12 13 The commissioner shall compile a list of the number of
12 14 special provisional ballots cast under section 49.81 in each
12 15 precinct. The list shall be made available to the public as
12 16 soon as possible, but in no case later than nine o'clock a.m.
12 17 on the second day following the election. Any elector may
12 18 examine the list during normal office hours, and may also
12 19 examine the affidavit envelopes bearing the ballots of
12 20 challenged electors until the reconvening of the special
12 21 precinct board as required by this chapter. Only those
12 22 persons so permitted by section 53.23, subsection 4, shall
12 23 have access to the affidavits while that board is in session.
12 24 Any elector may present written statements or documents,
12 25 supporting or opposing the counting of any special ballot, at
12 26 the commissioner's office until the reconvening of the special
12 27 precinct board.
12 28 Sec. 22. Section 50.21, unnumbered paragraph 2, Code 2003,
12 29 is amended to read as follows:
12 30 If no special provisional ballots were cast in the county
12 31 pursuant to section 49.81 at any election, the special
12 32 precinct election board need not be so reconvened. If the
12 33 number of special provisional ballots so cast at any election
12 34 is not sufficient to require reconvening of the entire
12 35 election board of the special precinct, the commissioner may
13 1 reconvene only the number of members required. If the number
13 2 of special provisional ballots cast at any election exceeds
13 3 the number of absentee ballots cast, the size of the special
13 4 precinct election board may be increased at the commissioner's
13 5 discretion. The commissioner shall observe the requirements
13 6 of sections 49.12 and 49.13 in making adjustments to the size
13 7 of the special precinct election board.
13 8 Sec. 23. Section 52.2, Code 2003, is amended to read as
13 9 follows:
13 10 52.2 PURCHASE.
13 11 The board of supervisors of any a county may, by a majority
13 12 vote, authorize, purchase, and order the use of either voting
13 13 machines or an electronic voting system in any one or more
13 14 voting precincts within said the county until otherwise
13 15 ordered by said the board of supervisors. Voting machines and
13 16 an electronic voting system may be used concurrently at
13 17 different precincts within any county, but not at the same
13 18 precinct.
13 19 Sec. 24. Section 53.2, unnumbered paragraph 1, Code 2003,
13 20 is amended to read as follows:
13 21 Any registered voter, under the circumstances specified in
13 22 section 53.1, may on any day, except election day, and not
13 23 more than seventy days prior to the date of the election,
13 24 apply in person for an absentee ballot at the commissioner's
13 25 office or at any location designated by the commissioner, or
13 26 make written application to the commissioner for an absentee
13 27 ballot. The state commissioner shall prescribe a form for
13 28 absentee ballot applications. However, if a registered voter
13 29 submits an application that includes all of the information
13 30 required in this section, the prescribed form is not required.
13 31 Absentee ballot applications may include instructions to send
13 32 the application directly to the county commissioner of
13 33 elections. However, no absentee ballot application shall be
13 34 preaddressed or printed with instructions to send the
13 35 applications to anyone other than the appropriate
14 1 commissioner.
14 2 Sec. 25. Section 53.2, Code 2003, is amended by adding the
14 3 following new unnumbered paragraph:
14 4 NEW UNNUMBERED PARAGRAPH. An application for an absentee
14 5 ballot that is returned to the commissioner by a person acting
14 6 as an actual or implied agent for a political party,
14 7 candidate, or committee, all as defined by chapter 68A, shall
14 8 be returned to the commissioner within seventy=two hours of
14 9 the time the completed application was received from the
14 10 applicant.
14 11 Sec. 26. NEW SECTION. 53.3 RECEIPT REQUIRED FOR CERTAIN
14 12 ABSENTEE BALLOT APPLICATIONS.
14 13 When an application for an absentee ballot is solicited by,
14 14 and returned to the commissioner by, a person acting as an
14 15 actual or implied agent for a political party, candidate, or
14 16 committee, as defined by chapter 68A, the person shall issue
14 17 to the applicant a receipt for the completed application.
14 18 The receipt shall contain the following information:
14 19 1. The name of the applicant.
14 20 2. The date and time the completed application was
14 21 received from the applicant.
14 22 3. The name and date of the election for which the
14 23 application is being completed.
14 24 4. The name of the political party, candidate, or
14 25 committee for whom the person is soliciting and returning the
14 26 application for the absentee ballot.
14 27 5. The name of the person acting as an actual or implied
14 28 agent for the political party, candidate, or committee.
14 29 6. A statement that the application will be delivered to
14 30 the appropriate commissioner within seventy=two hours of the
14 31 date and time the completed application was received from the
14 32 applicant.
14 33 7. A statement that an absentee ballot will by mailed to
14 34 the applicant within twenty=four hours after the ballot for
14 35 the election is available.
15 1 The commissioner shall make receipt forms required by this
15 2 section available for photocopying at the expense of the
15 3 political party, candidate, or committee.
15 4 Sec. 27. Section 53.8, subsection 2, Code 2003, is amended
15 5 to read as follows:
15 6 2. If an application is received so late that it is
15 7 unlikely that the absentee ballot can be returned in time to
15 8 be counted on election day, the commissioner shall enclose
15 9 with the absentee ballot a statement to that effect. The
15 10 statement shall also point out that it is possible for the
15 11 applicant, or the applicant's designee if the absentee ballot
15 12 is voted by a voter described in section 53.22, subsection 5,
15 13 to personally deliver the completed absentee ballot to the
15 14 office of the commissioner at any time before the closing of
15 15 the polls on election day.
15 16 Sec. 28. Section 53.17, subsection 1, Code 2003, is
15 17 amended to read as follows:
15 18 1. The sealed carrier envelope may be delivered by the
15 19 registered voter, by the special precinct election officials
15 20 designated pursuant to section 53.22, subsection 1, or by the
15 21 voter's designee if the absentee ballot is voted by a voter
15 22 described in section 53.22, subsection 5, to the
15 23 commissioner's office no later than the time the polls are
15 24 closed on election day.
15 25 Sec. 29. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES.
15 26 The state commissioner of elections shall provide
15 27 information regarding voter registration procedures and
15 28 absentee ballot procedures to be used by members of the armed
15 29 forces of the United States. The state commissioner shall
15 30 accept valid voter registration applications and absentee
15 31 ballot applications and shall forward the applications to the
15 32 appropriate county commissioner of elections in a timely
15 33 manner.
15 34 Sec. 30. Section 53.40, unnumbered paragraph 1, Code 2003,
15 35 is amended to read as follows:
16 1 A request in writing for a ballot may be made by any member
16 2 of the armed forces of the United States who is or will be a
16 3 qualified voter on the day of the election at which the ballot
16 4 is to be cast, at any time before the election. Any member of
16 5 the armed forces of the United States may request ballots for
16 6 all elections to be held within a calendar year through the
16 7 next two general elections. The request may be made by using
16 8 the federal postcard application form and indicating that the
16 9 applicant wishes to receive ballots for all elections as
16 10 permitted by state law. The county commissioner shall send
16 11 the applicant a ballot for each election held during the
16 12 calendar year in which after the application is received and
16 13 through the next two general elections. The commissioner
16 14 shall forward a copy of the absentee ballot request to other
16 15 commissioners who are responsible under section 47.2,
16 16 subsection 2, for conducting elections in which the applicant
16 17 is eligible to vote.
16 18 Sec. 31. Section 53.53, Code 2003, is amended by adding
16 19 the following new unnumbered paragraphs:
16 20 NEW UNNUMBERED PARAGRAPH. A federal write=in ballot
16 21 received by the state commissioner of elections shall be
16 22 forwarded immediately to the appropriate county commissioner.
16 23 However, if the state commissioner receives a federal write=in
16 24 ballot after election day and before noon on the Monday
16 25 following an election, the state commissioner shall at once
16 26 verify that the voter has complied with the requirements of
16 27 this section and that the voter's federal write=in ballot is
16 28 eligible to be counted. If the ballot is eligible to be
16 29 counted, the state commissioner shall notify the appropriate
16 30 county commissioner and make arrangements for the ballot to be
16 31 transmitted to the county for counting. If the ballot is not
16 32 eligible to be counted, the state commissioner shall mail the
16 33 ballot to the appropriate commissioner along with notification
16 34 that the ballot is ineligible to be counted. The county
16 35 commissioner shall keep the ballot with the other records of
17 1 the election.
17 2 NEW UNNUMBERED PARAGRAPH. The county commissioner shall
17 3 notify a voter when the voter's federal write=in ballot was
17 4 not counted and shall give the voter the reason the ballot was
17 5 not counted.
17 6 Sec. 32. IMMEDIATE EFFECTIVE DATE. This Act, being deemed
17 7 of immediate importance, takes effect upon enactment.
17 8 EXPLANATION
17 9 This bill makes changes to the law relating to elections,
17 10 absentee voting, and voter registration. The bill contains
17 11 Code language changes which, unless otherwise noted, are
17 12 necessary to comply with requirements of Public Law No. 107=
17 13 252, the Help America Vote Act of 2002.
17 14 Code section 39A.4 is amended to provide that an
17 15 unauthorized person who returns a voted absentee ballot
17 16 commits election misconduct in the third degree. The section
17 17 is further amended to provide that a person who makes a false
17 18 or untrue statement reporting that a voted absentee ballot was
17 19 returned by an unauthorized person commits election misconduct
17 20 in the third degree. Election misconduct in the third degree
17 21 is a serious misdemeanor. The amendments to Code section
17 22 39A.4 are not required by the Help America Vote Act.
17 23 Code section 47.1 is amended to require the state
17 24 commissioner of elections (secretary of state) to adopt, by
17 25 rule, administrative complaint procedures for resolution of
17 26 grievances relating to violations of those provisions of the
17 27 Help America Vote Act relating to uniform and
17 28 nondiscriminatory election technology and administration
17 29 requirements.
17 30 Code section 47.1 is also amended to designate the
17 31 presiding officer in complaint proceedings. A conforming
17 32 amendment is made to Code section 47.8.
17 33 Code section 47.7 is amended to require the state registrar
17 34 of voters (secretary of state), on or before January 1, 2006,
17 35 to implement a centralized, computerized statewide voter
18 1 registration system. The statewide system must be interactive
18 2 with other agency computer databases in the state. Code
18 3 section 48A.36 is amended to conform to this requirement.
18 4 Code section 48A.8 is amended to provide that an eligible
18 5 elector who registers by mail and who has not previously voted
18 6 in an election for federal office in the county of
18 7 registration shall be required to present identification when
18 8 voting for the first time unless the voter provided the
18 9 voter's Iowa driver's license number, or the voter's Iowa
18 10 nonoperator's identification card number, or the last four
18 11 numerals of the voter's social security number on the
18 12 registration form and those numbers were subsequently
18 13 verified. If the voter votes an absentee ballot by mail, the
18 14 voter is required to include a photocopy of one of the
18 15 optional forms of identification with the ballot. If the
18 16 required identification is not provided, the voter will be
18 17 allowed to vote a provisional ballot or, if voting an absentee
18 18 ballot by mail, the absentee ballot shall be considered a
18 19 provisional ballot.
18 20 Code section 48A.11, relating to information required when
18 21 registering to vote, is amended to require that the first name
18 22 and any family forename or surname be included when providing
18 23 the registrant's name. That section is also amended to
18 24 require that the registrant provide the registrant's Iowa
18 25 driver's license number or Iowa nonoperator's identification
18 26 card number or, if not available, the last four numerals of
18 27 the registrant's social security number. If the registrant
18 28 does not have an Iowa driver's license, Iowa nonoperator's
18 29 identification card, or social security number, the registrar
18 30 is to assign the registrant an identification number for voter
18 31 registration purposes. Code section 48A.11 is amended to
18 32 specify that the requirement for the registrant's date of
18 33 birth includes the month, date, and year of birth.
18 34 Code section 48A.11 is amended to require that the mail
18 35 voter registration form ask the registrant if the registrant
19 1 is a citizen of the United States and if the registrant will
19 2 be 18 years old on or before election day. The form shall
19 3 contain a statement that if the registrant answered "no" to
19 4 either of those questions, the registrant is not to complete
19 5 the registration form. The Code section is amended to add a
19 6 new subsection providing that if certain required information
19 7 is not provided on the registration form, the form shall not
19 8 be processed and the registrar shall mail an acknowledgment to
19 9 the registrant notifying the registrant that the registration
19 10 could not be processed.
19 11 The amendment to Code section 48A.11, striking the
19 12 requirement that the state voter registration commission
19 13 prescribe voter registration forms by rule, is not required by
19 14 the Help America Vote Act.
19 15 New Code section 48A.25A requires the state registrar of
19 16 voters to verify the registrant's driver's license number,
19 17 nonoperator's identification card number, or the last four
19 18 digits of the registrant's social security number. If the
19 19 number provided cannot be verified, the state registrar shall
19 20 reject the registration application and the registrant shall
19 21 be notified. If the information can be verified, the
19 22 registrar is to make a record of the verification. The
19 23 section is also amended to require the voter registration
19 24 commission to adopt rules to provide procedures for processing
19 25 registration applications in certain circumstances. The bill
19 26 provides that new Code section 48A.25A does not apply to
19 27 registrants living outside the United States.
19 28 Code section 48A.26, is amended to provide that if a voter
19 29 registration form lacking required information is received
19 30 during the 12 days before the close of registration, the
19 31 commissioner shall provide the registrant with an opportunity
19 32 to complete the form before the close of registration. The
19 33 Code section is also amended to provide that registrants whose
19 34 registration status is local shall be notified of such status,
19 35 and provided an opportunity to submit another registration
20 1 before the close of registration for elections with federal
20 2 offices on the ballot. Finally, Code section 48A.26 is
20 3 amended to provide that if a registrant applied by mail to
20 4 register to vote and answered "no" to the question relating to
20 5 United States citizenship, the application shall not be
20 6 processed and the acknowledgement shall inform the applicant
20 7 why the application was not processed.
20 8 Code section 48A.28 is amended to change the time period
20 9 from four consecutive calendar years to two or more
20 10 consecutive general elections under which a commissioner
20 11 participating in the national change of address program is to
20 12 notify a registered voter if the voter has not voted after
20 13 registering or if the voter has not responded to a prior
20 14 notice mailed by the commissioner.
20 15 Code section 48A.37 is amended to add voter registration
20 16 status codes of "local" and "pending" to describe those
20 17 registrations by mail that did not answer the question of
20 18 United States citizenship or who provide incomplete
20 19 information on the voter registration form, respectively.
20 20 Code section 48A.38 is amended to require that a voter's
20 21 driver's license number or Iowa nonoperator's identification
20 22 card number be removed from a voter registration list prepared
20 23 at the request of any person. Current law requires that the
20 24 voter's social security number be removed.
20 25 Code sections 49.81, 50.20, and 50.21 are amended to change
20 26 the term "special ballot" to "provisional ballot" which is the
20 27 term used in the Help America Vote Act for a ballot cast by a
20 28 challenged voter. Code section 49.81 is also amended to
20 29 provide that when a challenged voter's ballot is not counted
20 30 the commissioner, when notifying the voter, shall notify the
20 31 voter by mail and shall inform the voter why the ballot was
20 32 not counted. The section is also amended to provide
20 33 notification to the voter pertaining to identification
20 34 requirements.
20 35 Code section 49.98, relating to counting ballots, is
21 1 amended to require the state commissioner of elections to
21 2 adopt rules providing uniform definitions of what constitutes
21 3 a vote.
21 4 Code section 52.2, relating to the purchase of voting
21 5 machines or electronic voting systems, is amended to allow
21 6 voting machines and electronic voting systems to be used
21 7 concurrently at the same precinct.
21 8 Code section 53.2 is amended to strike the provision that
21 9 allows a voter to submit an absentee ballot application other
21 10 than the application prepared by the state commissioner of
21 11 elections. Code section 53.2 is also amended to provide that
21 12 a completed application for an absentee ballot returned by a
21 13 person acting on behalf of a political party, a candidate, or
21 14 a political committee or a candidate's committee shall be
21 15 returned to the commissioner's office within 72 hours of the
21 16 time the completed application was received from the
21 17 applicant. These amendments to Code section 53.2 are not
21 18 required by the Help America Vote Act.
21 19 New Code section 53.3 is enacted to provide that when an
21 20 application for an absentee ballot is solicited by, and
21 21 returned to the commissioner's office by, a person acting on
21 22 behalf of a political party, a candidate, or a political
21 23 committee or a candidate's committee, the person soliciting
21 24 and returning the application must give the applicant a
21 25 receipt for the completed application. The bill further
21 26 provides that the county commissioner of elections is to make
21 27 receipt forms available for photocopying at the expense of the
21 28 political party, candidate, or committee. New Code section
21 29 53.3 is not required by the Help America Vote Act.
21 30 Code section 53.17 is amended to provide that a voted
21 31 absentee ballot may be returned to the commissioner's office
21 32 only by the voter, or by the special precinct election
21 33 officials designated to deliver and return absentee ballots on
21 34 behalf of a person confined in a health facility, or by a
21 35 person designated by the voter if the voter was confined in a
22 1 health facility outside of the voter's county of residence
22 2 within three days of the election.
22 3 New Code section 53.37A requires the state commissioner of
22 4 elections to provide information to members of the armed
22 5 forces of the United States on voter registration and absentee
22 6 ballot procedures. The section also requires the state
22 7 commissioner to accept voter registration applications and
22 8 absentee ballot applications from members of the armed forces
22 9 and to forward the applications to the appropriate county
22 10 commissioner of elections.
22 11 Code section 53.40 is amended to extend the time period
22 12 during which a commissioner is to mail absentee ballots to a
22 13 member of the armed forces after receiving the member's
22 14 initial application for an absentee ballot. The time period
22 15 is extended from one calendar year after receipt of the
22 16 application to the next two general elections after receipt of
22 17 the application.
22 18 Code section 53.53 is amended to provide that when the
22 19 state commissioner receives a federal write=in ballot, the
22 20 commissioner is to immediately forward it to the appropriate
22 21 county commissioner of elections. If the ballot is received
22 22 after election day but before noon on the Monday following the
22 23 election, the state commissioner, rather than the county
22 24 commissioner, is to verify that the ballot is eligible to be
22 25 counted and shall notify the appropriate county commissioner
22 26 and transmit the ballot. If the ballot is not to be counted,
22 27 the county commissioner is required to notify the voter and
22 28 give the reason why the ballot was not counted.
22 29 The bill takes effect upon enactment.
22 30 LSB 5928YH 80
22 31 sc/pj/5