Senate File 370
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1119)
Passed Senate, Date Passed House, 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, modifying closing
3 hours of the polls and voter identification requirements,
4 transferring duties relating to conduct of elections and voter
5 registration from the office of secretary of state to the Iowa
6 ethics and campaign disclosure board, and making changes
7 relating to absentee voting procedures, including request and
8 delivery of absentee ballot applications, delivery of absentee
9 ballots to the voter, and delivery of completed absentee
10 ballots to the county commissioner of elections, and including
11 effective date provisions.
12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
13 TLSB 2590SV 80
14 sc/cl/14
PAG LIN
1 1 DIVISION I
1 2 PROVISIONS RELATING TO THE FEDERAL HELP AMERICA VOTE ACT
1 3 AND MISCELLANEOUS VOTING PROVISIONS
1 4 Section 1. Section 47.1, Code 2003, is amended by adding
1 5 the following new unnumbered paragraph:
1 6 NEW UNNUMBERED PARAGRAPH. The state commissioner shall
1 7 adopt rules pursuant to chapter 17A, for the implementation of
1 8 uniform and nondiscriminatory administrative complaint
1 9 procedures for resolution of grievances relating to violations
1 10 of Title III of Pub. L. No. 107=252.
1 11 Sec. 2. Section 47.7, subsections 2, 3, and 4, Code 2003,
1 12 are amended by striking the subsections and inserting in lieu
1 13 thereof the following:
1 14 2. a. On or before January 1, 2004, or on or before
1 15 January 1, 2006, if a waiver is granted pursuant to section
1 16 303(d) of Pub. L. No. 107=252, the state registrar of voters
1 17 shall implement in a uniform and nondiscriminatory manner, a
1 18 single, uniform, official, centralized, interactive
1 19 computerized statewide voter registration file defined,
1 20 maintained, and administered at the state level that contains
1 21 the name and registration information of every legally
1 22 registered voter in the state and assigns a unique identifier
1 23 to each legally registered voter in the state. The state
1 24 voter registration system shall be coordinated with other
1 25 agency databases within the state, including, but not limited
1 26 to, the department of transportation driver's license records,
1 27 judicial records of convicted felons and persons declared
1 28 incompetent to vote, and department of public health records
1 29 of deceased persons.
1 30 b. On or after the deadline established in paragraph "a",
1 31 a county shall not establish or maintain a voter registration
1 32 system separate from the state voter registration system.
1 33 Each county shall provide to the state registrar the names,
1 34 voter registration information, and voting history of each
1 35 registered voter in the county in the form required by the
2 1 state registrar.
2 2 c. A state or local election official may obtain immediate
2 3 electronic access to the information contained in the
2 4 computerized voter registration file. All voter registration
2 5 information obtained by a local election official shall be
2 6 electronically entered into the computerized voter
2 7 registration file on an expedited basis at the time the
2 8 information is provided to the local election official. The
2 9 state registrar shall provide such support as may be required
2 10 to enable local election officials to electronically enter the
2 11 information into the computerized voter registration file on
2 12 an expedited basis. The list generated from the computerized
2 13 file shall serve as the official voter registration list for
2 14 the conduct of all elections for federal office in the state.
2 15 d. The state registrar shall prescribe by rule the
2 16 procedures for access to the state voter registration file,
2 17 security requirements, and access protocols for adding,
2 18 changing, or deleting information from the state voter
2 19 registration file.
2 20 Sec. 3. Section 48A.11, subsection 1, paragraph b, Code
2 21 2003, is amended to read as follows:
2 22 b. The registrant's name, including first name and any
2 23 family forename or surname.
2 24 Sec. 4. Section 48A.11, subsection 1, paragraph e, Code
2 25 2003, is amended by striking the paragraph and inserting in
2 26 lieu thereof, the following:
2 27 e. Iowa driver's license number, if the registrant has a
2 28 current and valid Iowa driver's license, or the last four
2 29 numerals of the registrant's social security number. If the
2 30 registrant does not have either an Iowa driver's license
2 31 number or a social security number, the form shall provide
2 32 space for a number to be assigned as provided in subsection 7.
2 33 Sec. 5. Section 48A.11, subsection 1, paragraph f, Code
2 34 2003, is amended to read as follows:
2 35 f. Date of birth, including month, date, and year.
3 1 Sec. 6. Section 48A.11, subsection 1, paragraph i, Code
3 2 2003, is amended to read as follows:
3 3 i. Political party registration, if any.
3 4 Sec. 7. Section 48A.11, subsection 2, Code 2003, is
3 5 amended by adding the following new paragraph:
3 6 NEW PARAGRAPH. c. The following questions and statement
3 7 regarding eligibility:
3 8 (1) Are you a citizen of the United States of America?
3 9 (2) Will you be eighteen years of age on or before
3 10 election day?
3 11 (3) If you checked "no" in response to either of these
3 12 questions, do not complete this form.
3 13 Sec. 8. Section 48A.11, subsection 5, Code 2003, is
3 14 amended to read as follows:
3 15 5. All forms for voter registration shall be prescribed by
3 16 rule adopted by the state voter registration commission.
3 17 Sec. 9. Section 48A.11, Code 2003, is amended by adding
3 18 the following new subsection:
3 19 NEW SUBSECTION. 7. A voter registration application
3 20 lacking the registrant's name, sex, date of birth, or
3 21 residence address or description shall not be processed. If
3 22 the registrant answered "no" or did not answer either "yes" or
3 23 "no" to the question in subsection 2, paragraph "c",
3 24 subparagraph (1), the application shall not be processed. A
3 25 registrant whose registration is not processed pursuant to
3 26 this subsection shall be notified pursuant to section 48A.26,
3 27 subsection 3. A registrant who does not have either an Iowa
3 28 driver's license number or a social security number and who
3 29 notifies the registrar of such shall be assigned a unique
3 30 identifying number that shall serve to identify the registrant
3 31 for voter registration purposes.
3 32 Sec. 10. NEW SECTION. 48A.25A VERIFICATION OF VOTER
3 33 REGISTRATION INFORMATION.
3 34 Upon receipt of an application for voter registration, the
3 35 state registrar of voters shall compare the driver's license
4 1 number or the last four numerals of the social security number
4 2 provided by the registrant with the records of the state
4 3 department of transportation. If the information cannot be
4 4 verified, the application shall be rejected and the registrant
4 5 shall be notified of the reason for the rejection. If the
4 6 information can be verified, a record shall be made of the
4 7 source used for verification and the application shall be
4 8 accepted.
4 9 This section does not apply to persons entitled to register
4 10 to vote and to vote pursuant to section 48A.5, subsection 4.
4 11 Sec. 11. Section 48A.26, subsection 3, Code 2003, is
4 12 amended to read as follows:
4 13 3. If the registration form is missing required
4 14 information pursuant to section 48A.11, subsection 7, the
4 15 acknowledgment shall advise the applicant what additional
4 16 information is required. The commissioner shall enclose a new
4 17 registration by mail form for the applicant to use. If the
4 18 registration form has no address, the commissioner shall make
4 19 a reasonable effort to determine where the acknowledgment
4 20 should be sent. If the incomplete application is received
4 21 during the twelve days before the close of registration for an
4 22 election, the commissioner shall provide the registrant with
4 23 an opportunity to complete the form before the close of
4 24 registration.
4 25 Sec. 12. Section 48A.28, subsection 2, unnumbered
4 26 paragraph 2, Code 2003, is amended to read as follows:
4 27 A commissioner participating in the national change of
4 28 address program, in the first quarter of each calendar year,
4 29 shall send a notice and preaddressed, postage paid return card
4 30 by forwardable mail to each registered voter whose name was
4 31 not reported by the national change of address program and who
4 32 has not voted, in two or more consecutive general elections
4 33 and has not registered again, or who has not reported a change
4 34 to an existing registration, or who has not responded to a
4 35 notice from the commissioner or registrar during the preceding
5 1 four calendar years period between and following the previous
5 2 two general elections. The form and language of the notice
5 3 and return card shall be specified by the state voter
5 4 registration commission by rule. A registered voter shall not
5 5 be sent a notice and return card under this subsection more
5 6 frequently than once in a four=year period.
5 7 Sec. 13. Section 48A.36, subsection 2, Code 2003, is
5 8 amended to read as follows:
5 9 2. Upon receipt of electronic registration data under
5 10 subsection 1, the state registrar of voters may shall cause
5 11 the updating of registration records for registrants in
5 12 counties which have arranged for data processing services
5 13 under section 47.7, subsection 2. The registrar shall notify
5 14 the appropriate commissioner of the actions taken.
5 15 Sec. 14. Section 48A.38, subsection 1, paragraph f, Code
5 16 2003, is amended to read as follows:
5 17 f. The county commissioner of registration and the state
5 18 registrar of voters shall remove a voter's social security
5 19 number and driver's license number from a voter registration
5 20 list prepared pursuant to this section.
5 21 Sec. 15. Section 49.44, unnumbered paragraph 2, Code 2003,
5 22 is amended by striking the unnumbered paragraph.
5 23 Sec. 16. Section 49.68, Code 2003, is amended to read as
5 24 follows:
5 25 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS.
5 26 The state commissioner with the approval of the attorney
5 27 general shall prepare, and from time to time revise, written
5 28 instructions to the voters relative to voting, and shall
5 29 furnish each commissioner with copies of the instructions.
5 30 Such One set of instructions, which shall be known as
5 31 instructions for marking ballots, shall cover the manner of
5 32 marking ballots. Another set of instructions, which shall be
5 33 known as the Iowa voter bill of rights, shall cover the
5 34 following matters:
5 35 1. The manner of obtaining ballots.
6 1 2. The manner of marking ballots.
6 2 3. 2. That unmarked or improperly marked ballots will not
6 3 be counted.
6 4 4. 3. The method of gaining assistance in marking ballots.
6 5 5. 4. That any erasures or identification marks, or
6 6 otherwise spoiling or defacing a ballot, will render it
6 7 invalid.
6 8 6. 5. Not to vote a spoiled or defaced ballot.
6 9 7. 6. How to obtain a new ballot in place of a spoiled or
6 10 defaced one.
6 11 7. How to cast a provisional ballot.
6 12 8. Instructions for first=time voters who registered by
6 13 mail pursuant to section 48A.8.
6 14 9. The appropriate official to contact if the voter
6 15 believes the voter's rights have been violated.
6 16 10. Polling place hours and the date of the election.
6 17 11. Information about federal and state laws prohibiting
6 18 fraud and misrepresentation.
6 19 8. 12. Any other matters thought determined necessary.
6 20 Sec. 17. Section 49.70, Code 2003, is amended to read as
6 21 follows:
6 22 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS.
6 23 The commissioner shall cause copies of the foregoing each
6 24 set of instructions to be printed in large, clear type, under
6 25 the heading headings of Iowa voter bill of rights and
6 26 "Instructions instructions for Voters" marking ballots, and
6 27 shall furnish the precinct election officials with a
6 28 sufficient number of such each set of instructions as will
6 29 enable them to comply with section 49.71.
6 30 Sec. 18. Section 49.71, Code 2003, is amended to read as
6 31 follows:
6 32 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS.
6 33 The precinct election officials, before the opening of the
6 34 polls, shall cause said cards securely post each set of
6 35 instructions to be securely posted as follows:
7 1 1. One copy of instructions for marking ballots in each
7 2 voting booth.
7 3 2. Not less than four copies of each set, with an equal
7 4 number of sample ballots, in and about the polling place.
7 5 Sec. 19. Section 49.73, subsection 2, Code 2003, is
7 6 amended to read as follows:
7 7 2. The commissioner shall not shorten voting hours for any
7 8 election if there is filed in the commissioner's office, at
7 9 least twenty=five days before the election, a petition signed
7 10 by at least fifty eligible electors of the school district or
7 11 city, as the case may be, requesting that the polls be opened
7 12 not later than seven o'clock a.m. All polling places where
7 13 the candidates of or any public question submitted by any one
7 14 political subdivision are being voted upon shall be opened at
7 15 the same hour, except that this requirement shall not apply to
7 16 merged areas established under chapter 260C. The hours at
7 17 which the respective precinct polling places are to open shall
7 18 not be changed after publication of the notice required by
7 19 section 49.53. The polling places shall be closed at nine
7 20 o'clock eight p.m. for state primary and general elections and
7 21 other partisan elections, and for any other election held
7 22 concurrently therewith, and at eight o'clock p.m. for all
7 23 other elections.
7 24 Sec. 20. Section 49.77, subsection 3, Code 2003, is
7 25 amended by striking the subsection and inserting in lieu
7 26 thereof the following:
7 27 3. A precinct election official shall require that each
7 28 voter provide a current and valid identification card
7 29 containing a photograph of the voter, or one of the following
7 30 documents that show the name and current address of the voter:
7 31 a. Utility bill.
7 32 b. Bank statement.
7 33 c. Government check.
7 34 d. Other government document.
7 35 Sec. 21. Section 49.77, subsection 4, Code 2003, is
8 1 amended to read as follows:
8 2 4. a. A person who presents identification required in
8 3 subsection 3, and whose name does not appear on the election
8 4 register of the precinct in which that person claims the right
8 5 to vote shall not be permitted to vote, unless the person
8 6 affirms that the person is currently registered in the county
8 7 and presents proof of identity, or the commissioner informs
8 8 the precinct election officials that an error has occurred and
8 9 that the person is a registered voter of that precinct. If
8 10 the commissioner finds no record of the person's registration
8 11 but the person insists that the person is a registered voter
8 12 of that precinct, the precinct election officials shall allow
8 13 the person to cast a ballot in the manner prescribed by
8 14 section 49.81.
8 15 b. A person who does not present identification required
8 16 in subsection 3 but whose name appears on the election
8 17 register of the precinct in which that person claims the right
8 18 to vote, or if the commissioner informs the precinct election
8 19 officials that an error has occurred and the person is a
8 20 registered voter of that precinct, shall be allowed to cast a
8 21 ballot in the manner prescribed by section 49.81.
8 22 c. A person who has been sent an absentee ballot by mail
8 23 but for any reason has not received it shall be permitted to
8 24 cast a ballot in person pursuant to section 53.19 and in the
8 25 manner prescribed by this section and section 49.81.
8 26 Sec. 22. Section 49.81, Code 2003, is amended to read as
8 27 follows:
8 28 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL
8 29 BALLOT.
8 30 1. A prospective voter who is prohibited under described
8 31 in section 49.77, subsection 4, or a prospective voter who is
8 32 challenged under section 49.80 from voting except under this
8 33 section shall be permitted to notified by the appropriate
8 34 precinct election official that the voter may cast a paper
8 35 provisional ballot under this section. If a booth meeting the
9 1 requirement of section 49.25 is not available at that polling
9 2 place, the precinct election officials shall make alternative
9 3 arrangements to insure the challenged voter the opportunity to
9 4 vote in secret. The marked ballot, folded as required by
9 5 section 49.84, shall be delivered to a precinct election
9 6 official who shall immediately seal it in an envelope of the
9 7 type prescribed by subsection 4. The sealed envelope shall be
9 8 deposited in a special an envelope marked "ballots for special
9 9 precinct" "provisional ballots" and shall be considered as
9 10 having been cast in the special precinct established by
9 11 section 53.20 for purposes of the postelection canvass.
9 12 2. Each person who casts a special provisional ballot
9 13 under this section shall receive a printed statement in
9 14 substantially the following form:
9 15 Your qualifications as a registered voter have been
9 16 challenged for the following reasons:
9 17 I. .................................................
9 18 II. .................................................
9 19 III. .................................................
9 20 Your right to vote will be reviewed by the special precinct
9 21 counting board on ...... You have the right and are
9 22 encouraged to make a written statement and submit additional
9 23 written evidence to this board supporting your qualifications
9 24 as a registered voter. This written statement and evidence
9 25 may be given to an election official of this precinct on
9 26 election day or mailed or delivered to the county commissioner
9 27 of elections, but must be received before .... a.m./p.m. on
9 28 ...... at ...... If your ballot is not counted you will
9 29 receive, by mail, notification of this fact and the reason
9 30 that the ballot was not counted.
9 31 3. Any elector may present written statements or
9 32 documents, supporting or opposing the counting of any special
9 33 provisional ballot, to the precinct election officials on
9 34 election day, until the hour for closing the polls. Any
9 35 statements or documents so presented shall be delivered to the
10 1 commissioner when the election supplies are returned.
10 2 4. The individual envelopes used for each paper
10 3 provisional ballot cast pursuant to subsection 1 shall have
10 4 printed on them the format of the face of the registration
10 5 form under section 48A.8 and the following:
10 6 I believe I am a registered voter of this precinct county
10 7 and I am eligible to vote in this election. I registered to
10 8 vote in ...... county on or about ...... at ....... My name
10 9 at that time was ....... I have not moved to a different
10 10 county since that time. I am a United States citizen, at
10 11 least eighteen years of age.
10 12 ............................
10 13 (signature of voter) (date)
10 14 The following information is to be provided by the precinct
10 15 election official:
10 16 Reason for challenge:
10 17 ..................................
10 18 ..................................
10 19 ............................
10 20 (signature of precinct
10 21 election official)
10 22 Sec. 23. Section 50.20, Code 2003, is amended to read as
10 23 follows:
10 24 50.20 NOTICE OF NUMBER OF SPECIAL PROVISIONAL BALLOTS.
10 25 The commissioner shall compile a list of the number of
10 26 special provisional ballots cast under section 49.81 in each
10 27 precinct. The list shall be made available to the public as
10 28 soon as possible, but in no case later than nine o'clock a.m.
10 29 on the second day following the election. Any elector may
10 30 examine the list during normal office hours, and may also
10 31 examine the affidavit envelopes bearing the ballots of
10 32 challenged electors until the reconvening of the special
10 33 precinct board as required by this chapter. Only those
10 34 persons so permitted by section 53.23, subsection 4, shall
10 35 have access to the affidavits while that board is in session.
11 1 Any elector may present written statements or documents,
11 2 supporting or opposing the counting of any special ballot, at
11 3 the commissioner's office until the reconvening of the special
11 4 precinct board.
11 5 Sec. 24. Section 50.21, unnumbered paragraph 2, Code 2003,
11 6 is amended to read as follows:
11 7 If no special provisional ballots were cast in the county
11 8 pursuant to section 49.81 at any election, the special
11 9 precinct election board need not be so reconvened. If the
11 10 number of special provisional ballots so cast at any election
11 11 is not sufficient to require reconvening of the entire
11 12 election board of the special precinct, the commissioner may
11 13 reconvene only the number of members required. If the number
11 14 of special provisional ballots cast at any election exceeds
11 15 the number of absentee ballots cast, the size of the special
11 16 precinct election board may be increased at the commissioner's
11 17 discretion. The commissioner shall observe the requirements
11 18 of sections 49.12 and 49.13 in making adjustments to the size
11 19 of the special precinct election board.
11 20 Sec. 25. Section 52.1, subsection 2, paragraph h, Code
11 21 2003, is amended to read as follows:
11 22 h. "Voting machine" means a mechanical or an electronic
11 23 device, meeting the requirements of section 52.7, designated
11 24 for use in casting, registering, recording, and counting votes
11 25 at an election.
11 26 Sec. 26. Section 52.2, Code 2003, is amended to read as
11 27 follows:
11 28 52.2 PURCHASE.
11 29 The board of supervisors of any county may, by a majority
11 30 vote, authorize, purchase, and order the use of either voting
11 31 machines or an electronic voting system in any one or more
11 32 voting precincts within said the county until otherwise
11 33 ordered by said the board of supervisors. Voting machines and
11 34 an electronic voting system may be used concurrently at
11 35 different precincts within any county, but not at the same
12 1 precinct.
12 2 The state commissioner may provide voting machines or
12 3 electronic voting systems to a county to replace lever voting
12 4 machines in use in the county in order to comply with Pub. L.
12 5 No. 107=252, the Help America Vote Act of 2002.
12 6 Sec. 27. Section 52.9, unnumbered paragraph 4, Code 2003,
12 7 is amended by striking the unnumbered paragraph.
12 8 Sec. 28. Section 52.10, Code 2003, is amended to read as
12 9 follows:
12 10 52.10 BALLOTS == FORM.
12 11 All ballots shall be printed in black ink on clear, white
12 12 material, of such size as will fit the ballot frame, and
12 13 presented in as plain, clear type as the space will reasonably
12 14 permit. The party name for each political party represented
12 15 on the machine shall be prefixed to the list of candidates of
12 16 such party. The order of the list of candidates of the
12 17 several parties or organizations shall be arranged as provided
12 18 in sections 49.30 to 49.42A, except that the lists may be
12 19 arranged in horizontal rows or vertical columns to meet the
12 20 physical requirements of the voting machine used. The
12 21 offices, candidates, judges, and public measures to be voted
12 22 upon, using the voting machine, shall be arranged as required
12 23 by chapters 43 and 49.
12 24 Sec. 29. Section 52.12, Code 2003, is amended to read as
12 25 follows:
12 26 52.12 EXCEPTION == STRAIGHT PARTY VOTING.
12 27 Voting machines shall have a single lever or switch voting
12 28 target which casts a vote for each candidate of a political
12 29 party or nonparty political organization which has nominated
12 30 candidates for more than one partisan office on the ballot.
12 31 Straight party voting shall be provided for all general
12 32 elections.
12 33 Sec. 30. Section 52.16, Code 2003, is amended to read as
12 34 follows:
12 35 52.16 DUTIES OF ELECTION OFFICERS == INDEPENDENT BALLOTS.
13 1 The election board of each precinct in which votes are to
13 2 be cast by machine shall meet at the precinct polling place,
13 3 at least one hour before the time set for the opening of the
13 4 polls at each election, and shall proceed to arrange the
13 5 furniture, stationery, and voting machine for the conduct of
13 6 the election. The board shall cause at least two instruction
13 7 cards four sets of instructions to be posted conspicuously
13 8 within the polling place. If not previously done, they shall
13 9 arrange, in their proper place on the voting machine, the
13 10 ballots containing the names of the offices to be filled at
13 11 the election, and the names of the candidates nominated. If
13 12 not previously done, the machine shall be so arranged as to
13 13 show that no vote has been cast, and shall not be thereafter
13 14 operated, except by electors in voting.
13 15 Before the polls are open for election, the board shall
13 16 carefully examine every machine and see that no vote has been
13 17 cast, and the machines are subject to inspection of the
13 18 election officers. If the voting machine is equipped to
13 19 produce a printed record showing the status of the counters,
13 20 this record shall be produced by the precinct election
13 21 officials immediately Immediately before the polls are open,
13 22 the precinct election officials shall print a report from each
13 23 machine showing that the counter is set at zero. The
13 24 inspection sheets reports from each machine used in the
13 25 election shall be available for examination throughout
13 26 election day.
13 27 Ballots voted for any person whose name does not appear on
13 28 the machine as a nominated candidate for office, are referred
13 29 to in this section as independent ballots. When two or more
13 30 persons are to be elected to the same office, and the machine
13 31 requires that all independent ballots voted for that office be
13 32 deposited in a single receptacle or device, an elector may
13 33 vote in or by the receptacle or device for one or more persons
13 34 whose names do not appear upon the machine with or without the
13 35 names of one or more persons whose names do so appear. With
14 1 that exception, and except for presidential electors, no
14 2 independent ballot shall be voted for any person for any
14 3 office whose name appears on the machine as a nominated
14 4 candidate for that office; any independent ballot so voted
14 5 shall not be counted. An independent ballot must be cast in
14 6 its appropriate place on the machine, or it shall be void and
14 7 not counted.
14 8 Sec. 31. Section 52.17, Code 2003, is amended to read as
14 9 follows:
14 10 52.17 VOTING MACHINE IN PLAIN VIEW.
14 11 The exterior of the voting machine and every part of the
14 12 polling place shall be in plain view of the election officers.
14 13 The voting machine shall be placed at least three feet from
14 14 every wall and partition of the polling place, and at least
14 15 four feet from the precinct election officials' table.
14 16 Sec. 32. Section 52.20, Code 2003, is amended to read as
14 17 follows:
14 18 52.20 INJURY TO MACHINE.
14 19 No A voter, or other person, shall not deface or injure the
14 20 voting machine or the ballot thereon. It shall be the duty of
14 21 the precinct election officials to enforce the provisions of
14 22 this section. During the entire period of an election, at
14 23 least one of their number the officials, designated by them
14 24 the officials from time to time, shall be stationed beside the
14 25 entrance to the booth and shall see that it is properly closed
14 26 after a voter has entered it to vote. The official shall
14 27 also, at such intervals as the official may deem proper or
14 28 necessary, examine the face of the machine to ascertain
14 29 whether it has been defaced or injured, to detect the
14 30 wrongdoer, and to repair any injury. If the official finds
14 31 that a person has left the voting booth without casting the
14 32 ballot, the official shall cast the ballot.
14 33 Sec. 33. Section 52.21, Code 2003, is amended by striking
14 34 the section and inserting in lieu thereof the following:
14 35 52.21 CANVASS OF VOTE == TALLY.
15 1 As soon as the polls of the election are closed, the
15 2 precinct election officials shall immediately lock the voting
15 3 machine against voting and, in the presence of all persons who
15 4 may be lawfully within the polling place, proceed to canvass
15 5 the vote. The officials shall print the results from each
15 6 machine, tally any write=in votes, and complete any canvass
15 7 documents prescribed for the voting machine by the state
15 8 commissioner. Write=in votes cast for a person whose name
15 9 appears on the ballot as a candidate for that office shall not
15 10 be counted.
15 11 Sec. 34. Section 52.23, unnumbered paragraph 2, Code 2003,
15 12 is amended to read as follows:
15 13 The inspection sheets zero count report from each machine
15 14 used in the election and one copy of the printed results from
15 15 each machine shall be signed by all precinct election
15 16 officials and, with any paper or papers upon which write=in
15 17 votes were recorded by voters, shall be securely sealed in an
15 18 envelope marked with the name and date of the election, the
15 19 precinct, and the serial numbers of the machines from which
15 20 the enclosed results were removed. This envelope shall be
15 21 preserved, unopened, for twenty=two months following elections
15 22 for federal offices and for six months following elections for
15 23 all other offices unless a recount is requested pursuant to
15 24 section 50.48 or an election contest is pending. The envelope
15 25 shall be destroyed in the same manner as ballots pursuant to
15 26 section 50.13. Additional copies At least one additional copy
15 27 of the results, if any, shall be signed by the officials and
15 28 delivered to the commissioner with the other supplies from the
15 29 election pursuant to section 50.17.
15 30 Sec. 35. Section 52.25, unnumbered paragraph 2, Code 2003,
15 31 is amended to read as follows:
15 32 The entire convention question, amendment or public measure
15 33 shall be printed and displayed prominently in at least four
15 34 places within the voting precinct, and inside each voting
15 35 booth, or on the left=hand side inside the curtain of each
16 1 voting machine, the printing to be in conformity with the
16 2 provisions of chapter 49. The public measure shall be
16 3 summarized by the commissioner and in the largest type
16 4 possible printed on the special paper ballots or inserts used
16 5 in the voting machines, except that:
16 6 Sec. 36. Section 53.16, Code 2003, is amended to read as
16 7 follows:
16 8 53.16 SUBSCRIBING TO AFFIDAVIT == REQUIRED IDENTIFICATION.
16 9 After marking the ballot, the voter shall make and
16 10 subscribe to the affidavit on the reverse side of the
16 11 envelope, and fold the ballot or ballots, separately, so as to
16 12 conceal the markings on them, and deposit them, and a
16 13 photocopy of the identification required in section 49.77,
16 14 subsection 3, in the envelope, and securely seal the envelope.
16 15 Sec. 37. Section 53.31, Code 2003, is amended by adding
16 16 the following new unnumbered paragraph:
16 17 NEW UNNUMBERED PARAGRAPH. If a voter votes an absentee
16 18 ballot by mail, or pursuant to section 53.10, 53.11, or 53.22,
16 19 and does not include a photocopy of the identification
16 20 required in section 49.77, subsection 3, the ballot returned
16 21 by the voter shall be considered a provisional ballot pursuant
16 22 to this section and section 49.81.
16 23 Sec. 38. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES.
16 24 The state commissioner of elections shall provide
16 25 information regarding voter registration procedures and
16 26 absentee ballot procedures to be used by members of the armed
16 27 forces of the United States. The state commissioner shall
16 28 accept valid voter registration applications and absentee
16 29 ballot applications and shall forward the applications to the
16 30 appropriate county commissioner of elections in a timely
16 31 manner.
16 32 Sec. 39. Section 53.40, unnumbered paragraph 1, Code 2003,
16 33 is amended to read as follows:
16 34 A request in writing for a ballot may be made by any member
16 35 of the armed forces of the United States who is or will be a
17 1 qualified voter on the day of the election at which the ballot
17 2 is to be cast, at any time before the election. Any member of
17 3 the armed forces of the United States may request ballots for
17 4 all elections to be held within a calendar year through the
17 5 next two general elections. The request may be made by using
17 6 the federal postcard application form and indicating that the
17 7 applicant wishes to receive ballots for all elections as
17 8 permitted by state law. The county commissioner shall send
17 9 the applicant a ballot for each election held during the
17 10 calendar year in which after the application is received and
17 11 through the next two general elections. The commissioner
17 12 shall forward a copy of the absentee ballot request to other
17 13 commissioners who are responsible under section 47.2,
17 14 subsection 2, for conducting elections in which the applicant
17 15 is eligible to vote.
17 16 Sec. 40. Section 53.53, Code 2003, is amended by adding
17 17 the following new unnumbered paragraphs:
17 18 NEW UNNUMBERED PARAGRAPH. A federal write=in ballot
17 19 received by the state commissioner of elections shall be
17 20 forwarded immediately to the appropriate county commissioner.
17 21 However, if the state commissioner receives a federal write=in
17 22 ballot after election day and before noon on the Monday
17 23 following an election, the state commissioner shall at once
17 24 verify that the voter has complied with the requirements of
17 25 this section and that the voter's federal write=in ballot is
17 26 eligible to be counted. If the ballot is eligible to be
17 27 counted, the state commissioner shall notify the appropriate
17 28 county commissioner and make arrangements for the ballot to be
17 29 transmitted to the county for counting. If the ballot is not
17 30 eligible to be counted, the state commissioner shall mail the
17 31 ballot to the appropriate commissioner along with notification
17 32 that the ballot is ineligible to be counted. The county
17 33 commissioner shall keep the ballot with the other records of
17 34 the election.
17 35 NEW UNNUMBERED PARAGRAPH. The county commissioner shall
18 1 notify a voter when the voter's federal write=in ballot was
18 2 not counted and shall give the voter the reason the ballot was
18 3 not counted.
18 4 Sec. 41. Sections 49.35, 52.11, 52.14, and 52.22, Code
18 5 2003, are repealed.
18 6 Sec. 42. EFFECTIVE DATES.
18 7 1. The sections of this Act enacting new Code section
18 8 48A.25A and amending Code sections 48A.26, 48A.36, 49.68,
18 9 49.70, 49.71, and that portion of section 52.16 relating to
18 10 voter instructions only, take effect January 1, 2004, or
18 11 January 1, 2006, if a waiver is granted pursuant to section
18 12 303(d) of Pub. L. No. 107=252.
18 13 2. The sections of this Act amending sections 52.1, 52.9,
18 14 52.10, 52.12, 52.16, 52.17, 52.20, 52.21, and 52.25, and the
18 15 sections of this Act repealing sections 52.11, 52.14, and
18 16 52.22, take effect January 1, 2004, or January 1, 2006, if a
18 17 waiver is granted pursuant to section 102(a) of Pub. L. No.
18 18 107=252.
18 19 3. The remainder of this Act, being deemed of immediate
18 20 importance, takes effect upon enactment.
18 21 DIVISION II
18 22 TRANSFER OF ELECTION AND VOTER REGISTRATION DUTIES
18 23 Sec. 43. Section 34A.6, subsection 3, Code 2003, is
18 24 amended to read as follows:
18 25 3. The secretary of state commissioner of elections, in
18 26 consultation with the administrator, shall adopt rules for the
18 27 conduct of joint E911 service referendums as required by and
18 28 consistent with subsections 1 and 2.
18 29 Sec. 44. Section 42.4, subsection 8, paragraph b,
18 30 subparagraph (1), subparagraph subdivision (b), unnumbered
18 31 paragraph 2, Code 2003, is amended to read as follows:
18 32 The secretary of state commissioner of elections shall
18 33 prescribe a form to be completed by all senators to declare
18 34 their residences as of February 1, 2002. The form shall be
18 35 filed with the secretary of state commissioner of elections no
19 1 later than five p.m. on February 1, 2002.
19 2 Sec. 45. Section 42.4, subsection 8, paragraph b,
19 3 subparagraph (2), Code 2003, is amended to read as follows:
19 4 (2) Each even=numbered senatorial district to which
19 5 subparagraph (1) of this paragraph is not applicable shall
19 6 elect a senator in 2002 for a two=year term commencing in
19 7 January 2003. However, if more than one incumbent state
19 8 senator is residing in an even=numbered senatorial district on
19 9 February 1, 2002, and, on or before February 15, 2002, all but
19 10 one of the incumbent senators resigns from office effective no
19 11 later than January 1, 2003, the remaining incumbent senator
19 12 shall represent the district in the senate for the Eightieth
19 13 General Assembly. A copy of the resignation must be filed in
19 14 the office of the secretary of state commissioner of elections
19 15 no later than five p.m. on February 15, 2002.
19 16 Sec. 46. Section 43.18, unnumbered paragraph 1, Code 2003,
19 17 is amended to read as follows:
19 18 Each candidate shall complete and file a signed, notarized
19 19 affidavit of candidacy. The affidavit shall be in the form
19 20 prescribed by the secretary of state commissioner and shall
19 21 include the following information:
19 22 Sec. 47. Section 43.63, Code 2003, is amended to read as
19 23 follows:
19 24 43.63 CANVASS BY STATE BOARD.
19 25 Upon receipt of the abstracts of votes from the counties,
19 26 the secretary of state commissioner shall immediately open the
19 27 envelopes and canvass the results for all offices. The
19 28 secretary of state commissioner shall invite to attend the
19 29 canvass one representative from each political party which, at
19 30 the last preceding general election, cast for its candidate
19 31 for president of the United States or for governor, as the
19 32 case may be, at least two percent of the total vote cast for
19 33 all candidates for that office at that election, as determined
19 34 by the secretary of state commissioner. The secretary of
19 35 state commissioner shall notify the chairperson of each
20 1 political party of the time of the canvass. However, the
20 2 presence of a representative from a political party is not
20 3 necessary for the canvass to proceed.
20 4 Not later than the twenty=seventh day after the primary
20 5 election, the secretary of state commissioner shall present to
20 6 the state board of canvassers abstracts showing the number of
20 7 ballots cast by each political party for each office and a
20 8 summary of the results for each office, showing the votes cast
20 9 in each county. The state board of canvassers shall review
20 10 the results compiled by the secretary of state commissioner
20 11 and, if the results are accurately tabulated, the state board
20 12 shall approve the canvass.
20 13 Sec. 48. Section 43.67, unnumbered paragraphs 1 and 2,
20 14 Code 2003, are amended to read as follows:
20 15 Each candidate nominated pursuant to section 43.52 or 43.65
20 16 is entitled to have the candidate's name printed on the
20 17 official ballot to be voted at the general election without
20 18 other certificate unless the candidate was nominated by write=
20 19 in votes. Immediately after the completion of the canvass
20 20 held under section 43.49, the county auditor shall notify each
20 21 person who was nominated by write=in votes for a county or
20 22 township office that the person is required to file an
20 23 affidavit of candidacy if the person wishes to be a candidate
20 24 for that office at the general election. Immediately after
20 25 the completion of the canvass held under section 43.63, the
20 26 secretary of state commissioner shall notify each person who
20 27 was nominated by write=in votes for a state or federal office
20 28 that the person is required to file an affidavit of candidacy
20 29 if the person wishes to be a candidate for that office at the
20 30 general election. If the affidavit is not filed by five p.m.
20 31 on the seventh day after the completion of the canvass, that
20 32 person's name shall not be placed upon the official general
20 33 election ballot. The affidavit shall be signed by the
20 34 candidate, notarized, and filed with the county auditor or the
20 35 secretary of state commissioner, whichever is applicable.
21 1 The affidavit shall be in the form prescribed by the
21 2 secretary of state commissioner. The affidavit shall include
21 3 the following information:
21 4 Sec. 49. Section 44.3, subsection 2, unnumbered paragraph
21 5 1, Code 2003, is amended to read as follows:
21 6 Each candidate nominated by the convention or caucus shall
21 7 complete and file a signed, notarized affidavit of candidacy.
21 8 The affidavit shall be in the form prescribed by the secretary
21 9 of state commissioner. The affidavit shall include the
21 10 following information:
21 11 Sec. 50. Section 45.3, unnumbered paragraph 1, Code 2003,
21 12 is amended to read as follows:
21 13 Each candidate shall complete and file a signed, notarized
21 14 affidavit of candidacy. The affidavit shall be filed at the
21 15 same time as the nomination petition. The affidavit shall be
21 16 in the form prescribed by the secretary of state commissioner
21 17 and shall include the following information:
21 18 Sec. 51. Section 47.1, unnumbered paragraphs 1 and 3, Code
21 19 2003, are amended to read as follows:
21 20 The secretary of state executive director of the Iowa
21 21 elections, ethics, and campaign disclosure board established
21 22 in section 68B.32 is designated as the state commissioner of
21 23 elections and shall supervise the activities of the county
21 24 commissioners of elections. There is established within the
21 25 office of the secretary of state Iowa elections, ethics, and
21 26 campaign disclosure board a division of elections which shall
21 27 be under the direction of the state commissioner of elections.
21 28 The state commissioner of elections may appoint a person to be
21 29 in charge of the division of elections who shall perform the
21 30 duties assigned by the state commissioner of elections. The
21 31 state commissioner of elections shall prescribe uniform
21 32 election practices and procedures, shall prescribe the
21 33 necessary forms required for the conduct of elections, shall
21 34 assign a number to each proposed constitutional amendment and
21 35 statewide public measure for identification purposes, and
22 1 shall adopt rules, pursuant to chapter 17A, to carry out this
22 2 section.
22 3 The secretary of state executive director of the Iowa
22 4 elections, ethics, and campaign disclosure board is designated
22 5 the chief state election official and is responsible for
22 6 coordination of state responsibilities under the federal
22 7 National Voter Registration Act of 1993.
22 8 Sec. 52. Section 48A.19, subsection 3, Code 2003, is
22 9 amended to read as follows:
22 10 3. The voter registration agency shall provide voter
22 11 registration services with each application for services or
22 12 assistance and with each recertification, renewal, or change
22 13 of address form completed relating to the agency's services.
22 14 The secretary of state registrar of voters shall adopt
22 15 administrative rules in cooperation with voter registration
22 16 agencies to carry out the requirements of this section.
22 17 Sec. 53. Section 48A.22, Code 2003, is amended to read as
22 18 follows:
22 19 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS.
22 20 The secretary of state registrar of voters shall encourage
22 21 volunteer organizations to undertake voter registration drives
22 22 by providing registration forms.
22 23 Sec. 54. Section 49.67, unnumbered paragraph 2, Code 2003,
22 24 is amended to read as follows:
22 25 If necessary, the commissioner or the commissioner's
22 26 designee may make photocopies of official ballots to replace
22 27 or replenish ballot supplies. The commissioner shall keep a
22 28 record of the number of photocopied ballots made for each
22 29 precinct, the name of the person who made the photocopies, and
22 30 the date, time, and location at which the photocopies were
22 31 made. These records shall be made on forms and following
22 32 procedures prescribed by the secretary of state commissioner
22 33 by administrative rule.
22 34 Sec. 55. Section 49.104, subsection 7, Code 2003, is
22 35 amended to read as follows:
23 1 7. Any person authorized by the commissioner, in
23 2 consultation with the secretary of state commissioner, for the
23 3 purposes of conducting and attending educational voting
23 4 programs for youth.
23 5 Sec. 56. Section 49A.8, Code 2003, is amended to read as
23 6 follows:
23 7 49A.8 CANVASS == DECLARATION OF RESULT == RECORD.
23 8 The judges of election, county boards of canvassers, and
23 9 other election officials shall canvass the vote on any
23 10 constitutional amendment or public measure, and make return
23 11 thereof, in the same manner as required by law for the canvass
23 12 and return of the vote for public officers. The board of
23 13 state canvassers shall canvass such returns, declare the
23 14 result, and enter the same of record, immediately following
23 15 and in connection with the proofs of publication of such
23 16 amendment or measure, in the book kept for that purpose by the
23 17 secretary of state commissioner of elections.
23 18 Upon completion of the canvass, the secretary of state
23 19 commissioner of elections shall certify to the Iowa Code
23 20 editor the results of the election.
23 21 Sec. 57. Section 50.36, Code 2003, is amended to read as
23 22 follows:
23 23 50.36 ENVELOPES CONTAINING OTHER ABSTRACTS == CANVASS.
23 24 The secretary of state commissioner, upon receipt of the
23 25 envelopes containing the abstracts of votes, shall open and
23 26 canvass the abstracts for all offices except governor and
23 27 lieutenant governor.
23 28 The secretary of state commissioner shall invite to attend
23 29 the canvass one representative from each political party
23 30 which, at the last preceding general election, cast for its
23 31 candidate for president of the United States or for governor,
23 32 as the case may be, at least two percent of the total vote
23 33 cast for all candidates for that office at that election, as
23 34 determined by the secretary of state commissioner. The
23 35 secretary of state commissioner shall notify the chairperson
24 1 of each political party of the time of the canvass. However,
24 2 the presence of a representative from a political party is not
24 3 necessary for the canvass to proceed.
24 4 Sec. 58. Section 50.37, Code 2003, is amended to read as
24 5 follows:
24 6 50.37 STATE CANVASSING BOARD.
24 7 The executive council shall constitute a board of
24 8 canvassers of all abstracts of votes required to be filed with
24 9 the state commissioner, except for the offices of governor and
24 10 lieutenant governor. Any clerical error found by the
24 11 secretary of state commissioner or state board of canvassers
24 12 shall be corrected by the county commissioner in a letter
24 13 addressed to the state board of canvassers.
24 14 Sec. 59. Section 50.38, Code 2003, is amended to read as
24 15 follows:
24 16 50.38 TIME OF STATE CANVASS.
24 17 Not later than twenty=seven days after the day of the
24 18 election, the secretary of state commissioner shall present to
24 19 the board of state canvassers abstracts of votes cast at the
24 20 election showing the number of ballots cast for each office
24 21 and a summary of the results for each office, showing the
24 22 votes cast in each county. The state board of canvassers
24 23 shall review the results compiled by the secretary of state
24 24 commissioner and, if the results are accurately tabulated, the
24 25 state board shall approve the canvass.
24 26 Sec. 60. Section 54.5, unnumbered paragraph 5, Code 2003,
24 27 is amended to read as follows:
24 28 If a candidate for the office of president or vice
24 29 president of the United States withdraws, dies, or is
24 30 otherwise removed from the ballot before the general election,
24 31 another candidate may be substituted. The substitution shall
24 32 be made by the state central committee of the political party
24 33 or by the governing committee of the national party. If there
24 34 are differences, the substitution made by the state central
24 35 committee shall prevail. A nonparty political organization
25 1 which has filed the names of party officers and central
25 2 committee members with the secretary of state commissioner of
25 3 elections before the close of the filing period for the
25 4 general election pursuant to section 44.17 may also make
25 5 substitutions. A substitution must be filed no later than
25 6 seventy=four days before the election.
25 7 Sec. 61. Section 56.5, subsection 4, Code 2003, is amended
25 8 to read as follows:
25 9 4. A list, by office and district, of all candidates who
25 10 have filed an affidavit of candidacy in the office of the
25 11 secretary of state commissioner shall be prepared by the
25 12 secretary of state commissioner and delivered to the board not
25 13 more than ten days after the last day for filing nomination
25 14 papers.
25 15 Sec. 62. Section 59.1, unnumbered paragraphs 2 and 3, Code
25 16 2003, are amended to read as follows:
25 17 A copy of the statement of notice of contest shall be filed
25 18 with the secretary of state commissioner of elections within
25 19 five days of service of the notice upon the incumbent. The
25 20 secretary of state commissioner of elections shall notify the
25 21 presiding officer of the house in which the contest will be
25 22 tried.
25 23 A special election for a seat in either house of the
25 24 general assembly may be contested. The contestant shall serve
25 25 notice on the incumbent in the manner described in this
25 26 section not later than twenty days after the state canvass of
25 27 votes for the election. A copy of the notice shall also be
25 28 filed with the presiding officer of the house in which the
25 29 contest is to be tried, if the general assembly is in session.
25 30 If the general assembly is not in session, a copy of the
25 31 notice shall be filed with the secretary of state commissioner
25 32 of elections. The secretary of state commissioner of
25 33 elections shall notify the presiding officer of the house in
25 34 which the contest will be tried.
25 35 Sec. 63. Section 59.4, Code 2003, is amended to read as
26 1 follows:
26 2 59.4 RETURN OF DEPOSITIONS.
26 3 A copy of the statement, and of the notice for taking
26 4 depositions, with the service endorsed, and verified by
26 5 affidavit if not served by an officer, shall be returned to
26 6 the officer taking the depositions, and then, with the
26 7 depositions, shall be sealed up and transmitted to the
26 8 secretary of state commissioner of elections, with an
26 9 endorsement thereon showing the nature of the papers, the
26 10 names of the contesting parties, and the branch of the general
26 11 assembly before whom the contest is to be tried.
26 12 Sec. 64. Section 59.7, Code 2003, is amended to read as
26 13 follows:
26 14 59.7 NOTICE OF RESULT.
26 15 The presiding officer of the house in which the contest was
26 16 tried shall certify to the secretary of state commissioner of
26 17 elections the results of the contest.
26 18 Sec. 65. Section 60.2, Code 2003, is amended to read as
26 19 follows:
26 20 60.2 CLERK.
26 21 The secretary of state commissioner of elections shall be
26 22 the clerk of the court, or, in the secretary of state's state
26 23 commissioner's absence or inability to act, the clerk of the
26 24 supreme court.
26 25 Sec. 66. Section 60.3, Code 2003, is amended to read as
26 26 follows:
26 27 60.3 OATH.
26 28 Each member of the court, before entering upon the
26 29 discharge of the member's duties, shall take an oath before
26 30 the secretary of state commissioner of elections, or some
26 31 officer qualified to administer oaths, that the member will
26 32 support the Constitution of the United States and that of the
26 33 state of Iowa, and that, without fear, favor, affection, or
26 34 hope of reward, the member will, to the best of the member's
26 35 knowledge and ability, administer justice according to law and
27 1 the facts in the case.
27 2 Sec. 67. Section 60.4, Code 2003, is amended to read as
27 3 follows:
27 4 60.4 STATEMENT.
27 5 The contestant shall file the statement provided for in
27 6 chapter 62 in the office of the secretary of state
27 7 commissioner of elections within two days from the day on
27 8 which the returns are canvassed by the state board of
27 9 canvassers and, within the same time, serve a copy of the
27 10 same, with a notice of the contest, on the incumbent in the
27 11 manner provided by the rules of civil procedure for service of
27 12 an original notice.
27 13 Sec. 68. Section 60.6, Code 2003, is amended to read as
27 14 follows:
27 15 60.6 JUDGMENT.
27 16 The judgment of the court shall determine which of the
27 17 parties to the action is entitled to hold the office and shall
27 18 be authenticated by the presiding judge and clerk of the court
27 19 and filed with the secretary of state commissioner of
27 20 elections; and the judgment so rendered shall constitute a
27 21 final determination of the title to the office, and a
27 22 certificate of appointment shall be issued to the successful
27 23 party.
27 24 Sec. 69. Section 61.2, Code 2003, is amended to read as
27 25 follows:
27 26 61.2 CLERK.
27 27 The secretary of state commissioner of elections shall be
27 28 the clerk of this court; but if the person holding that office
27 29 is a party to the contest, the clerk of the supreme court, or,
27 30 in case of that person's absence or inability, the auditor of
27 31 state shall be clerk.
27 32 Sec. 70. Section 61.11, Code 2003, is amended to read as
27 33 follows:
27 34 61.11 SUBPOENAS == DEPOSITIONS.
27 35 The secretary of state commissioner of elections, the
28 1 several clerks of the supreme and district courts, under their
28 2 respective seals of office, and either of the judges of the
28 3 supreme or district courts, under their hands, may issue
28 4 subpoenas for witnesses to attend this court; and disobedience
28 5 to such process may be treated as a contempt. Depositions may
28 6 also be taken as in the case of contested county elections.
28 7 Sec. 71. Section 68B.2, subsection 3, Code 2003, is
28 8 amended to read as follows:
28 9 3. "Board" means the Iowa elections, ethics, and campaign
28 10 disclosure board.
28 11 Sec. 72. Section 68B.32A, Code 2003, is amended by adding
28 12 the following new subsection:
28 13 NEW SUBSECTION. 15. Perform all duties as required and
28 14 directed by the state commissioner of elections as defined in
28 15 section 47.7.
28 16 Sec. 73. Section 331.510, subsection 2, Code 2003, is
28 17 amended to read as follows:
28 18 2. A report to the secretary of state commissioner of
28 19 elections of the name, office, and term of office of each
28 20 appointed or elected county officer within ten days of the
28 21 officer's election or appointment and qualification.
28 22 Sec. 74. AMENDMENTS CHANGING TERMINOLOGY == DIRECTIVE TO
28 23 CODE EDITOR. The Iowa Code editor is directed to strike the
28 24 words "ethics and campaign disclosure board" and insert the
28 25 words "elections, ethics, and campaign disclosure board"
28 26 wherever the words "ethics and campaign disclosure board"
28 27 appear in the Iowa Code, in any bills awaiting codification,
28 28 and in any bills enacted by the Eightieth General Assembly,
28 29 2003 Regular Session, unless a contrary intent is clearly
28 30 evident.
28 31 DIVISION III
28 32 ABSENTEE VOTING
28 33 Sec. 75. Section 53.2, unnumbered paragraph 1, Code 2003,
28 34 is amended to read as follows:
28 35 Any registered voter, under the circumstances specified in
29 1 section 53.1, may on any day, except election day, and not
29 2 more than seventy forty=five days prior to the date of the
29 3 election, apply in person for an absentee ballot at the
29 4 commissioner's office or at any location designated by the
29 5 commissioner, or make written application to the commissioner
29 6 for an absentee ballot. Absentee ballot applications may only
29 7 be distributed by the commissioner's office. Absentee ballot
29 8 applications shall be distributed by the commissioner not more
29 9 than forty=five days and not less than seven days before the
29 10 election.
29 11 PARAGRAPH DIVIDED. The state commissioner shall prescribe
29 12 a form for absentee ballot applications. However, if a
29 13 registered voter submits an application that includes all of
29 14 the information required in this section, the prescribed form
29 15 is not required. The application shall include a statement
29 16 that if the absentee ballot is not voted in person at the
29 17 commissioner's office or at a satellite absentee voting
29 18 station, the absentee ballot will be mailed to the voter not
29 19 less than seven days before the election. Absentee ballot
29 20 applications may include instructions to send the application
29 21 directly to the county commissioner of elections. However, no
29 22 absentee ballot application shall be preaddressed or printed
29 23 with instructions to send the applications to anyone other
29 24 than the appropriate commissioner. An individual requesting
29 25 more than one absentee ballot application may only request a
29 26 number of applications equal to the number of registered
29 27 voters in the individual's household.
29 28 Sec. 76. Section 53.8, subsection 1, Code 2003, is amended
29 29 to read as follows:
29 30 1. Upon receipt of an application for an absentee ballot
29 31 and immediately after the absentee ballots are printed and not
29 32 less than seven days before the election, the commissioner
29 33 shall mail an absentee ballot to the applicant within twenty=
29 34 four hours, except as otherwise provided in subsection 3. The
29 35 absentee ballot shall be enclosed in an unsealed envelope
30 1 bearing a serial number and affidavit. The absentee ballot
30 2 and unsealed envelope shall be enclosed in or with a carrier
30 3 envelope marked postage paid which bears the same serial
30 4 number as the unsealed envelope. The absentee ballot,
30 5 unsealed envelope, and carrier envelope shall be enclosed in a
30 6 third envelope to be sent to the registered voter. If the
30 7 ballot cannot be folded so that all of the votes cast on the
30 8 ballot will be hidden, the commissioner shall also enclose a
30 9 secrecy envelope with the absentee ballot.
30 10 Sec. 77. Section 53.8, subsection 2, Code 2003, is amended
30 11 to read as follows:
30 12 2. If an application is received so late that it is
30 13 unlikely that the absentee ballot can be returned in time to
30 14 be counted on election day, the commissioner shall enclose
30 15 with the absentee ballot a statement to that effect. The
30 16 statement shall also point out that it is possible for the
30 17 applicant, or the applicant's designee if the absentee ballot
30 18 is voted by a voter described in section 53.22, subsection 5,
30 19 to personally deliver the completed absentee ballot to the
30 20 office of the commissioner at any time before the closing of
30 21 the polls on election day.
30 22 Sec. 78. Section 53.17, subsection 1, Code 2003, is
30 23 amended to read as follows:
30 24 1. The sealed carrier envelope may be delivered by the
30 25 registered voter, or the voter's designee if the absentee
30 26 ballot is voted by a voter described in section 53.22, to the
30 27 commissioner's office no later than the time the polls are
30 28 closed on election day.
30 29 Sec. 79. Section 53.17, subsection 2, Code 2003, is
30 30 amended to read as follows:
30 31 2. The sealed carrier envelope may be mailed to the
30 32 commissioner. The carrier envelope shall indicate that
30 33 greater postage than ordinary first class mail may be
30 34 required. The commissioner shall pay any insufficient postage
30 35 due on a carrier envelope bearing ordinary first class postage
31 1 and accept the ballot.
31 2 EXPLANATION
31 3 This bill makes changes to the law relating to elections
31 4 and voter registration. Division I of the bill contains Iowa
31 5 Code changes which, unless otherwise noted, are necessary to
31 6 comply with requirements of Public Law No. 107=252, the
31 7 federal Help America Vote Act of 2002. Division II of the
31 8 bill transfers duties relating to the conduct of elections and
31 9 voter registration from the office of secretary of state to
31 10 the Iowa ethics and campaign disclosure board. Division III
31 11 makes changes to the law relating to absentee voting.
31 12 DIVISION I == Code section 47.1 is amended to require the
31 13 state commissioner of elections (secretary of state) to adopt,
31 14 by rule, administrative complaint procedures for resolution of
31 15 grievances relating to violations of those provisions of the
31 16 Help America Vote Act relating to uniform and
31 17 nondiscriminatory election technology and administration
31 18 requirements.
31 19 Code section 47.7 is amended to require the state registrar
31 20 of voters (secretary of state), on or before January 1, 2004,
31 21 or on or before January 1, 2006, if a federal waiver is
31 22 granted, to implement a centralized, computerized statewide
31 23 voter registration system. The statewide system must be
31 24 interactive with other agency computer databases in the state.
31 25 Code section 48A.36 is amended to conform to this requirement.
31 26 Code section 48A.11, relating to information required when
31 27 registering to vote, is amended to require that the first name
31 28 and any family forename or surname be included when providing
31 29 the registrant's name. That section is also amended to
31 30 require that the registrant provide the registrant's Iowa
31 31 driver's license number or, if not available, the last four
31 32 numerals of the registrant's social security number. If the
31 33 registrant does not have either an Iowa driver's license or
31 34 social security number, the registrar is to assign the
31 35 registrant an identification number for voter registration
32 1 purposes. Code section 48A.11 is amended to specify that the
32 2 requirement for the registrant's date of birth includes the
32 3 month, date, and year of birth. The section is amended to
32 4 require that the voter registration form ask the registrant if
32 5 the registrant is a citizen of the United States and if the
32 6 registrant will be 18 years old on or before election day.
32 7 The form shall contain a statement that if the registrant
32 8 answered "no" to either of those questions, the registrant is
32 9 not to complete the registration form. Code section 48A.11 is
32 10 also amended to add a new subsection providing that if certain
32 11 required information is not provided on the registration form,
32 12 the form shall not be processed and the registrar shall mail
32 13 an acknowledgment to the registrant notifying the registrant
32 14 that the registration could not be processed.
32 15 The amendments to Code section 48A.11, relating to
32 16 political party affiliation on the voter registration form,
32 17 and striking the requirement that the state voter registration
32 18 commission prescribe voter registration forms by rule, are not
32 19 required by the Help America Vote Act.
32 20 New Code section 48A.25A requires the state registrar of
32 21 voters to verify the registrant's driver's license number or
32 22 the last four digits of the registrant's social security
32 23 number. If either number provided cannot be verified, the
32 24 state registrar shall reject the registration application and
32 25 the registrant shall be notified. If the information can be
32 26 verified, the registrar is to make a record of the source used
32 27 for verification.
32 28 Code section 48A.26, is amended to provide that if a voter
32 29 registration form lacking required information is received
32 30 during the 12 days before the close of registration, the
32 31 commissioner shall provide the registrant with an opportunity
32 32 to complete the form before the close of registration.
32 33 Code section 48A.28 is amended to change the time period
32 34 from four consecutive calendar years to two or more
32 35 consecutive general elections under which a commissioner
33 1 participating in the national change of address program is to
33 2 notify a registered voter if the voter has not voted after
33 3 registering or if the voter has not responded to a prior
33 4 notice mailed by the commissioner.
33 5 Code section 48A.38 is amended to require that a voter's
33 6 driver's license number be removed from a voter registration
33 7 list prepared at the request of any person. Current law
33 8 requires that the voter's social security number be removed.
33 9 Code section 49.68 is amended to require the state
33 10 commissioner to prepare two separate sets of instructions to
33 11 voters, rather than the current one. A second set is required
33 12 which is to contain instructions on the manner of marking
33 13 ballots only. The other set, which is to be known as the Iowa
33 14 voter bill of rights, is to contain instructions required by
33 15 current Code plus instructions on casting a provisional
33 16 ballot, instructions for first=time voters who registered by
33 17 mail, the appropriate official to contact if the voter
33 18 believes the voter's rights relating to voting have been
33 19 violated, polling place hours and the date of the election,
33 20 and information on federal and state laws which prohibit fraud
33 21 and misrepresentation related to voting. Code sections 49.70,
33 22 49.71, and 52.16 are amended to conform to the new requirement
33 23 that two separate sets of instructions be prepared.
33 24 Code section 49.73 is amended to change the time for
33 25 closing precinct polling places from 9 p.m. to 8 p.m. for all
33 26 elections. This change is not a requirement of the Help
33 27 America Vote Act.
33 28 Code section 49.77 is amended to require that all voters
33 29 show identification at the polls before being allowed to cast
33 30 a ballot. If a voter is confirmed to be a registered voter of
33 31 the precinct, but does not have the required identification,
33 32 the voter is allowed to cast a provisional ballot. The
33 33 identification required must be a current and valid photo
33 34 identification card or must be one of the following documents
33 35 showing the voter's name and current address:
34 1 1. Utility bill.
34 2 2. Bank statement.
34 3 3. Government check.
34 4 4. Other government document.
34 5 The Help America Vote Act requires that persons who register
34 6 to vote by mail must show proof of identification when voting
34 7 for the first time after registering.
34 8 Code sections 49.81, 50.20, and 50.21 are amended to change
34 9 the term "special ballot" to "provisional ballot" which is the
34 10 term used in the Help America Vote Act for a ballot cast by a
34 11 challenged voter. Code section 49.81 is also amended to
34 12 provide that when a challenged voter's ballot is not counted
34 13 the commissioner, when notifying the voter, shall notify the
34 14 voter by mail and shall inform the voter why the ballot was
34 15 not counted.
34 16 Code section 52.1 is amended to remove lever voting
34 17 machines as an acceptable voting machine in Iowa. Code
34 18 sections 49.44, 52.9, 52.10, 52.12, 52.16, 52.17, 52.20,
34 19 52.21, and 52.25 are amended to conform to this change. Code
34 20 sections 49.35, 52.11, 52.14, and 52.22 are repealed to
34 21 conform to this change. The amendments to these Code sections
34 22 take effect January 1, 2004, unless a waiver is granted by the
34 23 federal government pursuant to the Help America Vote Act.
34 24 Code section 52.2 is amended to provide that the state
34 25 commissioner may provide voting equipment to a county that is
34 26 required to replace its lever voting machines with a different
34 27 type of voting machine or voting system.
34 28 Code section 52.16 is amended to require the election
34 29 officials to print a report showing that the voter machine
34 30 counter is set at zero immediately before the polls open to
34 31 voters.
34 32 Code section 52.20 is amended to provide that if a voter
34 33 leaves the voting booth without having cast the ballot the
34 34 voter voted, the precinct election official shall cast the
34 35 ballot.
35 1 Code section 52.21 is amended to provide that write=in
35 2 votes cast for a person whose name appears on the ballot as a
35 3 candidate for that office shall not be counted.
35 4 Code section 52.23 is amended to require that at least one
35 5 additional copy of the printed canvass results from each
35 6 voting machine shall be signed by the precinct election
35 7 officials and delivered to the county commissioner.
35 8 Currently, more than one additional copy is required to be
35 9 delivered to the commissioner.
35 10 Code section 53.16 is amended to include the requirement
35 11 that a photocopy of identification required when voting in
35 12 person must be included with a voted absentee ballot. Code
35 13 section 53.31 is amended to provide that if required
35 14 identification is not included with the absentee ballot, the
35 15 ballot will be considered a provisional ballot.
35 16 New Code section 53.37A requires the state commissioner of
35 17 elections to provide information to members of the armed
35 18 forces of the United States on voter registration and absentee
35 19 ballot procedures. The section also requires the state
35 20 commissioner to accept voter registration applications and
35 21 absentee ballot applications from members of the armed forces
35 22 and to forward the applications to the appropriate county
35 23 commissioner of elections.
35 24 Code section 53.40 is amended to extend the time period
35 25 during which a commissioner is to mail absentee ballots to a
35 26 member of the armed forces after receiving the member's
35 27 initial application for an absentee ballot. The time period
35 28 is extended from one calendar year after receipt of the
35 29 application to the next two general elections after receipt of
35 30 the application.
35 31 Code section 53.53 is amended to provide that when the
35 32 state commissioner receives a federal write=in ballot, the
35 33 commissioner is to immediately forward it to the appropriate
35 34 county commissioner of elections. If the ballot is received
35 35 after election day but before noon on the Monday following the
36 1 election, the state commissioner, rather than the county
36 2 commissioner, is to verify that the ballot is eligible to be
36 3 counted and shall notify the appropriate county commissioner
36 4 and transmit the ballot. If the ballot is not to be counted,
36 5 the county commissioner is required to notify the voter and
36 6 give the reason why the ballot was not counted.
36 7 The sections of the division enacting new Code section
36 8 48A.25 and amending Code sections 48A.26, 48A.36, 49.68,
36 9 49.70, and 49.71, and that portion of section 52.16 relating
36 10 to voter instructions only, take effect January 1, 2004, or
36 11 January 1, 2006, if a waiver is granted pursuant to the
36 12 federal law. The remainder of the division takes effect upon
36 13 enactment.
36 14 DIVISION II == Division II of the bill transfers duties
36 15 relating to conduct of elections and voter registration from
36 16 the office of secretary of state to the Iowa ethics and
36 17 campaign disclosure board. The ethics and campaign disclosure
36 18 board is renamed the elections, ethics, and campaign
36 19 disclosure board. Other related changes are provided to
36 20 transfer election=related duties from the secretary of state
36 21 to the state commissioner of elections.
36 22 DIVISION III == Division III of the bill makes changes
36 23 relating to absentee voting procedures, including request and
36 24 delivery of absentee ballot applications, delivery of absentee
36 25 ballots to the voter, and delivery of completed absentee
36 26 ballots to the county commissioner of elections.
36 27 The bill provides that an absentee ballot application may
36 28 be requested no more than 45 days and no less than seven days
36 29 before the election, rather than the current 70 days before
36 30 the election. The bill also provides that absentee ballot
36 31 applications may only be distributed by the county
36 32 commissioner's office. The bill strikes the provision that
36 33 allowed a voter to submit an application other than the
36 34 absentee ballot application prepared by the state commissioner
36 35 of elections if the voter's application contained certain
37 1 required information. The bill provides that an individual
37 2 requesting more than one absentee ballot application may only
37 3 request a number of applications equal to the number of
37 4 registered voters in the individual's household. The bill
37 5 also provides that the commissioner shall mail an absentee
37 6 ballot to a voter no less than seven days before the election.
37 7 The bill provides that a sealed carrier envelope containing
37 8 an absentee ballot may only be delivered to the county
37 9 commissioner's office by the registered voter who completed
37 10 the ballot or by the voter's designee if the voter is a
37 11 confined person described in Code section 53.22.
37 12 The bill provides that the carrier envelope delivered to
37 13 the voter along with the absentee ballot and secrecy envelope
37 14 shall be marked postage paid.
37 15 LSB 2590SV 80
37 16 sc/cl/14