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