Senate File 123 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO SF 52)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act allowing an immediate family member to return a voted
  2    absentee ballot in person to the office of the county
  3    commissioner of elections.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1732SV 81
  6 sc/pj/5

PAG LIN



  1  1    Section 1.  Section 39A.4, subsection 1, paragraph c,
  1  2 subparagraphs (11) and (12), Code 2005, are amended to read as
  1  3 follows:
  1  4    (11)  Returning a voted absentee ballot, by mail or in
  1  5 person, to the commissioner's office and the person returning
  1  6 the ballot is not the voter, an immediate family member of the
  1  7 voter, an absentee ballot courier, a special precinct election
  1  8 official designated pursuant to section 53.22, subsection 1,
  1  9 or the designee of a voter described in section 53.22,
  1 10 subsection 5.
  1 11    (12)  Making a false or untrue statement reporting that a
  1 12 voted absentee ballot was returned to the commissioner's
  1 13 office, by mail or in person, by a person other than the
  1 14 voter, an immediate family member of the voter, an absentee
  1 15 ballot courier, a special precinct election official
  1 16 designated pursuant to section 53.22, subsection 1, or the
  1 17 designee of a voter described in section 53.22, subsection 5.
  1 18    Sec. 2.  Section 53.8, subsection 2, Code 2005, is amended
  1 19 to read as follows:
  1 20    2.  If an application is received so late that it is
  1 21 unlikely that the absentee ballot can be returned in time to
  1 22 be counted on election day, the commissioner shall enclose
  1 23 with the absentee ballot a statement to that effect.  The
  1 24 statement shall also point out that it is possible for the
  1 25 applicant, an immediate family member of the applicant, or the
  1 26 applicant's designee if the absentee ballot is voted by a
  1 27 voter described in section 53.22, subsection 5, to personally
  1 28 deliver the completed absentee ballot to the office of the
  1 29 commissioner at any time before the closing of the polls on
  1 30 election day.  The statement shall also point out that it is
  1 31 possible for an absentee ballot courier to personally deliver
  1 32 the completed absentee ballot to the office of the
  1 33 commissioner within seventy=two hours of retrieving the
  1 34 completed ballot or before the closing of the polls on
  1 35 election day, whichever is earlier.
  2  1    Sec. 3.  Section 53.17, subsection 1, paragraph a, Code
  2  2 2005, is amended to read as follows:
  2  3    a.  The sealed carrier envelope may be delivered by the
  2  4 registered voter, by an immediate family member of the voter,
  2  5 by the special precinct election officials designated pursuant
  2  6 to section 53.22, subsection 1, or by the voter's designee if
  2  7 the absentee ballot is voted by a voter described in section
  2  8 53.22, subsection 5, to the commissioner's office no later
  2  9 than the time the polls are closed on election day.
  2 10                           EXPLANATION
  2 11    This bill allows an immediate family member of an absentee
  2 12 voter to deliver the voted ballot to the commissioner's
  2 13 office.  Corresponding amendments are made to Code sections
  2 14 39A.4 and 53.8.
  2 15 LSB 1732SV 81
  2 16 sc:nh/pj/5