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