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