House File 677 - Introduced HOUSE FILE BY BUKTA Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring elections to be conducted by mail ballots and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2223HH 81 5 eg/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 49B.1 MAIL BALLOT ELECTIONS. 1 2 All elections shall be conducted by mail as provided in 1 3 this chapter. However, primary and general elections shall 1 4 also be conducted pursuant to chapter 49 to allow registered 1 5 voters to vote in person at the polling place in such 1 6 elections. In implementing this section, the state 1 7 commissioner of elections shall determine the voting machines 1 8 or voting booths needed to accommodate voters on election day. 1 9 Sec. 2. NEW SECTION. 49B.2 DEFINITIONS. 1 10 As used in this chapter, unless the context otherwise 1 11 requires: 1 12 1. "Return verification envelope" means an envelope that 1 13 contains a secrecy envelope and that is designed to allow 1 14 election officials, upon examination of the outside of the 1 15 envelope, to determine that the ballot is being submitted by 1 16 someone who is in fact a registered voter and who has not 1 17 already voted. 1 18 2. "Secrecy envelope" means an envelope that is used to 1 19 contain the elector's ballot and that is designed to conceal 1 20 the voter's vote and to prevent the voter's ballot from being 1 21 distinguished from the ballots of other voters. 1 22 Sec. 3. NEW SECTION. 49B.3 MAIL BALLOT ELECTION 1 23 PROCEDURE. 1 24 The state commissioner of elections shall prescribe uniform 1 25 procedures and forms to be used in the conduct of mail ballot 1 26 elections. 1 27 Sec. 4. NEW SECTION. 49B.4 PUBLICATION OF NOTICE. 1 28 The county commissioner shall, not more than ten days and 1 29 not less than four days before the date that ballots are to be 1 30 mailed, publish notice that a mail ballot election will be 1 31 conducted. The notice shall be published in a newspaper 1 32 pursuant to section 49.53. The notice shall include all of 1 33 the following information: 1 34 1. The date ballots will be mailed. 1 35 2. The date of the election. 2 1 3. Voter registration deadlines. 2 2 4. Location or locations where mail ballots can be 2 3 deposited pursuant to section 49B.11. 2 4 5. Instructions for obtaining a replacement ballot if a 2 5 voter's ballot is destroyed, spoiled, lost, or not received 2 6 pursuant to section 49B.7. 2 7 Sec. 5. NEW SECTION. 49B.5 MAILING BALLOTS. 2 8 1. Official ballots for a mail ballot election shall be 2 9 prepared and all other initial procedures for elections shall 2 10 be followed as otherwise provided by law. 2 11 2. The county commissioner of elections shall mail an 2 12 official ballot to every registered voter on a date not sooner 2 13 than the twentieth day before the date of the election and not 2 14 later than the tenth day before the date of the election. The 2 15 state commissioner shall specify the date on which all ballots 2 16 shall be mailed for any statewide election. An exception 2 17 shall be made for those ballots delivered as prescribed in 2 18 section 49B.10. 2 19 3. All ballots shall be mailed by first class mail. 2 20 4. Ballots mailed by the county commissioner shall be 2 21 addressed to the address of each voter appearing in the 2 22 registration records, and placed in an envelope which is 2 23 prominently marked "Do Not Forward". 2 24 5. The ballot shall contain the following warning: 2 25 "Any person who, by use of violence, threats of violence, 2 26 or any means of duress, procures the vote of a voter for or 2 27 against any measure or candidate is subject, upon conviction, 2 28 to imprisonment or to a fine, or both." 2 29 Sec. 6. NEW SECTION. 49B.6 REGISTRATION. 2 30 The county commissioner shall not mail a ballot under this 2 31 chapter to any voter not registered thirty days before the 2 32 date of the election. Voters registered less than thirty days 2 33 before the date of the election, but before the close of 2 34 registration, may apply for a ballot under section 49B.7. 2 35 Sec. 7. NEW SECTION. 49B.7 REPLACEMENT BALLOTS. 3 1 If the mail ballot is destroyed, spoiled, lost, or not 3 2 received by the voter, or if the voter was registered less 3 3 than thirty days before the date of the election but before 3 4 the close of registration, the voter may obtain a replacement 3 5 ballot from the county commissioner as provided in this 3 6 section. A voter seeking a replacement ballot shall sign a 3 7 statement, on a form prescribed by the state commissioner, 3 8 that the ballot was destroyed, spoiled, lost, or not received, 3 9 or that the voter was registered less than thirty days before 3 10 the date of the election but before the close of registration. 3 11 The voter or the voter's designee shall deliver the statement 3 12 to the county commissioner before noon on the date of the 3 13 election. The voter may mail the statement to the county 3 14 commissioner. However, a county commissioner shall not 3 15 transmit a ballot by mail under this section unless the 3 16 statement is received before five p.m. on the fourth day 3 17 before the date of the election. When a statement is timely 3 18 received under this section, the county commissioner shall 3 19 give the ballot to the voter if the voter is present in the 3 20 office of the county commissioner, or promptly mail the ballot 3 21 to the voter at the address contained in the statement, except 3 22 when prohibited by this section. If the voter is present in 3 23 the county commissioner's office, the ballot shall be voted at 3 24 that time. The county commissioner shall provide a place 3 25 where the voter may conveniently mark the ballot with secrecy. 3 26 The county commissioner shall keep a record of each 3 27 replacement ballot provided under this section. If a voter, 3 28 having received and voted a replacement ballot as provided 3 29 under this section, later finds the lost ballot, the voter 3 30 shall return the lost ballot to the county commissioner. 3 31 Sec. 8. NEW SECTION. 49B.8 VOTING AND RETURN OF BALLOT. 3 32 1. A registered voter, upon receipt of a mail ballot, 3 33 shall mark the ballot in such a manner that no other person 3 34 will know how the ballot is marked and shall place it in the 3 35 secrecy envelope provided with the ballot. 4 1 A voter who is blind, cannot read, or because of a physical 4 2 disability is unable to mark the ballot, may be assisted by 4 3 any person selected by the voter. 4 4 2. The voter shall place the secrecy envelope containing 4 5 the ballot in the return verification envelope and sign and 4 6 securely seal the return verification envelope. The sealed 4 7 return verification envelope shall be returned to the county 4 8 commissioner by one of the following methods: 4 9 a. The sealed return verification envelope may be 4 10 delivered by the registered voter or the voter's designee to 4 11 the county commissioner's office or a place designated by the 4 12 commissioner no later than the time the polls close on 4 13 election day. 4 14 b. The sealed return verification envelope may be mailed, 4 15 postage paid, to the county commissioner. In order for the 4 16 ballot to be counted, the return verification envelope must be 4 17 clearly postmarked by an officially authorized postal service 4 18 not later than the day before the election and received by the 4 19 county commissioner not later than the time established for 4 20 the canvass by the board of supervisors for that election. 4 21 The county commissioner shall contact the post office serving 4 22 the county commissioner's office at the latest practical hour 4 23 before the canvass by the board of supervisors for that 4 24 election, and shall arrange for return verification envelopes 4 25 received in that post office but not yet delivered to the 4 26 commissioner's office to be brought to the commissioner's 4 27 office before the canvass for that election by the board of 4 28 supervisors. 4 29 Sec. 9. NEW SECTION. 49B.9 SPECIAL VOTER ACCOMMODATION. 4 30 1. A registered voter who will be absent during the time 4 31 when the ballots are mailed may do either of the following: 4 32 a. Vote in person in the county commissioner's office as 4 33 soon as ballots are available and until noon the day before 4 34 the ballots are scheduled to be mailed. 4 35 b. Make a written request, signed by the voter and 5 1 addressed to the county commissioner, that the ballot be 5 2 mailed to an address other than that which appears on the 5 3 voter's registration record. Written requests shall be 5 4 accepted until noon the day before the ballots are scheduled 5 5 to be mailed. 5 6 2. Ballots mailed to voters pursuant to this section shall 5 7 be mailed the same day that all other ballots are mailed. 5 8 Sec. 10. NEW SECTION. 49B.10 BALLOTING BY CONFINED 5 9 PERSONS. 5 10 A person who is a resident or patient in a health care 5 11 facility or hospital located in the county in which the 5 12 election is to be held shall not be mailed a ballot but shall 5 13 have a ballot delivered in the manner prescribed by section 5 14 53.22, subsection 1. 5 15 Sec. 11. NEW SECTION. 49B.11 PERSONAL DELIVERY OF MAIL 5 16 BALLOT == BALLOT DROPOFF STATIONS. 5 17 A ballot dropoff station for the deposit of mail ballots 5 18 shall be established in the county for the mail ballot 5 19 election at the direction of the county commissioner. A 5 20 ballot dropoff station may be designated at a polling place 5 21 and shall be open from eight a.m. until five p.m. on the day 5 22 of the election. At each ballot dropoff station, the county 5 23 commissioner shall prominently display a sign stating that the 5 24 location is an official ballot dropoff site. 5 25 Sec. 12. NEW SECTION. 49B.12 RECEIPT OF BALLOT == 5 26 SIGNATURE VERIFICATION. 5 27 When a mail ballot is returned, the county commissioner, or 5 28 the county commissioner's designees, shall first examine the 5 29 return verification envelope to determine whether it was 5 30 submitted by a registered voter who has not previously voted. 5 31 A ballot shall be counted only if it is returned in the return 5 32 verification envelope, the envelope is signed by the voter to 5 33 whom the ballot is issued, and the signature has been verified 5 34 as provided in this section. 5 35 The county commissioner or the county commissioner's 6 1 designees shall verify the signature of each voter on the 6 2 return verification envelope with the signature in the voter's 6 3 registration records and may commence verification at any time 6 4 before election day. If a voter to whom a replacement ballot 6 5 has been issued under section 49B.7 returns more than one 6 6 ballot, only the replacement ballot shall be counted. 6 7 If the voter's signature is verified and the ballot is 6 8 otherwise valid, the county commissioner or the county 6 9 commissioner's designees shall deposit the ballot unopened in 6 10 an official ballot box. 6 11 Sec. 13. NEW SECTION. 49B.13 PROCEDURE FOR INVALID 6 12 BALLOTS. 6 13 If the county commissioner is not convinced that the 6 14 individual who signed the return verification envelope is the 6 15 voter whose name appears on the registration card, the county 6 16 commissioner shall not deposit the ballot in a ballot box but 6 17 shall do all of the following: 6 18 1. Give notice to the voter as follows: 6 19 a. As soon as possible after receipt of a voter's ballot, 6 20 give notice to the voter, either by telephone or by first 6 21 class mail, if the county commissioner is unable to verify the 6 22 voter's signature. 6 23 b. Inform the voter that the voter may appear in person at 6 24 the county commissioner's office before the close of the polls 6 25 on election day and verify the signature. 6 26 2. Permit any voter appearing pursuant to subsection 1, 6 27 paragraph "b", to: 6 28 a. Verify the voter's signature, after proof of 6 29 identification, by affirming that the signature is in fact the 6 30 voter's or by completing a new registration card containing 6 31 the voter's current signature. 6 32 b. If necessary, request and receive a replacement ballot 6 33 and vote at that time. 6 34 3. If the discrepancy is not rectified to the county 6 35 commissioner's satisfaction, present the unopened envelope and 7 1 the registration card to the special precinct election board 7 2 for a determination. If the election board is unable to 7 3 resolve the issue to its satisfaction, the ballot shall not be 7 4 counted. 7 5 Sec. 14. NEW SECTION. 49B.14 COUNTING BALLOTS. 7 6 Mail ballots shall be counted in the manner prescribed by 7 7 section 53.23 for absentee ballots. The county commissioner 7 8 shall supervise the procedures for the handling, counting, and 7 9 canvassing of ballots to ensure the safety and confidentiality 7 10 of all ballots. 7 11 Sec. 15. NEW SECTION. 49B.15 CHALLENGES. 7 12 Votes cast pursuant to this chapter may be challenged in 7 13 the manner prescribed by section 53.31 for absentee ballots. 7 14 Sec. 16. NEW SECTION. 49B.16 CANVASS OF VOTES. 7 15 The provisions of chapter 50 relating to canvass of votes 7 16 apply to this chapter only to the extent they do not conflict 7 17 with this chapter. 7 18 Sec. 17. NEW SECTION. 49B.17 OTHER LAWS. 7 19 All laws which apply to elections apply to mail ballot 7 20 elections held under this chapter to the extent applicable. 7 21 Sec. 18. NEW SECTION. 49B.18 RULES. 7 22 The state commissioner of elections shall adopt rules 7 23 pursuant to chapter 17A to govern the procedures and forms 7 24 necessary to administer this chapter. The authority of the 7 25 state commissioner to adopt rules under this chapter shall be 7 26 liberally construed. 7 27 Sec. 19. NEW SECTION. 49B.19 MISCONDUCT == VIOLATIONS == 7 28 PENALTIES. 7 29 A person who violates or attempts to violate any provision 7 30 or requirement of this chapter for which a penalty is not 7 31 otherwise provided under chapter 39A commits a simple 7 32 misdemeanor. 7 33 Sec. 20. NEW SECTION. 39.2A MAIL BALLOT ELECTIONS. 7 34 All mail ballot elections shall be conducted pursuant to 7 35 chapter 49B. 8 1 Sec. 21. CONTINGENT EFFECTIVENESS. This Act shall not 8 2 take effect unless an appropriation is enacted or the state's 8 3 share of the cost of this Act is specified in accordance with 8 4 section 25B.2, subsection 3. 8 5 EXPLANATION 8 6 This bill creates a new Code chapter 49B and establishes a 8 7 procedure for elections to be conducted by mailed ballots. 8 8 All elections shall be conducted by mail. Primary and general 8 9 elections, however, shall also be conducted pursuant to Code 8 10 chapter 49 to provide traditional, in person, voting in such 8 11 elections. 8 12 The bill requires the county commissioner to mail the 8 13 ballots to registered voters no more than 20 days and no less 8 14 than 10 days before the date of the election. To receive a 8 15 mailed ballot, an elector must be registered to vote 30 or 8 16 more days before the date of the election. A completed ballot 8 17 must be personally delivered to the commissioner's office or a 8 18 designated place no later than the time the polls close on 8 19 election day or must be postmarked no later than the day 8 20 before the election and received by the commissioner not later 8 21 than the date set for canvassing the ballots. 8 22 The bill provides a method for receiving a replacement 8 23 ballot if a mail ballot is destroyed, spoiled, lost, or not 8 24 received by the voter. The bill provides that under special 8 25 circumstances, a mail ballot may be voted at the county 8 26 commissioner's office as soon as ballots are available or, 8 27 upon written request of the voter, may be mailed to an address 8 28 other than the address on the voter's registration record. 8 29 The bill also provides that state election laws apply to 8 30 mail ballot elections to the extent applicable. The bill 8 31 requires the state commissioner of elections to adopt rules 8 32 relating to mail ballot elections. 8 33 A person who violates any provision of mail ballot election 8 34 law for which a penalty is not otherwise provided commits a 8 35 simple misdemeanor. 9 1 The bill contains a contingent effectiveness provision 9 2 which states that the bill does not take effect unless the 9 3 state complies with the state mandate funding requirement of 9 4 Code section 25B.2, which requires funding for the cost of the 9 5 state mandate to be provided or specified. 9 6 LSB 2223HH 81 9 7 eg:nh/sh/8