Senate File 364 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1198)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the conduct of elections and voter
2 registration and including effective date and applicability
3 provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2448SV 81
6 sc/cf/24
PAG LIN
1 1 DIVISION I
1 2 GENERAL PROVISIONS RELATING
1 3 TO CONDUCT OF ELECTIONS
1 4 Section 1. Section 43.6, subsection 2, Code 2005, is
1 5 amended to read as follows:
1 6 2. When a vacancy occurs in the office of county
1 7 supervisor or any of the offices listed in section 39.17 and
1 8 more than seventy days remain in the term of office following
1 9 the next general election, the office shall be filled for the
1 10 balance of the unexpired term at that general election unless
1 11 the vacancy has been filled by a special election called more
1 12 than seventy=three days before the primary election. If the
1 13 vacancy occurs more than seventy=three days before the primary
1 14 election, political party candidates for that office at the
1 15 next general election shall be nominated at the primary
1 16 election. If an appointment to fill the vacancy in office is
1 17 made eighty=eight or more days before the primary election and
1 18 a petition requesting a special election has not been received
1 19 within fourteen days after the appointment is made, candidates
1 20 for the office shall be nominated at the primary election.
1 21 Sec. 2. Section 43.14, Code 2005, is amended to read as
1 22 follows:
1 23 43.14 FORM OF NOMINATION PAPERS.
1 24 1. Nomination papers shall include a petition and an
1 25 affidavit of candidacy. All nomination petitions shall be
1 26 eight and one=half by eleven inches in size and in
1 27 substantially the form prescribed by the state commissioner of
1 28 elections. They shall include or provide spaces for the
1 29 following information:
1 30 a. A statement identifying the signers of the petition as
1 31 eligible electors of the appropriate county or legislative
1 32 district and of the state.
1 33 b. The name of the candidate nominated by the petition.
1 34 c. For nomination petitions for candidates for the general
1 35 assembly, a statement that the residence of the candidate is
2 1 within the appropriate legislative district, or if that is not
2 2 true, that the candidate will reside there within sixty days
2 3 before the election. For other offices, a statement of the
2 4 name of the county where the candidate resides.
2 5 d. The political party with which the candidate is a
2 6 registered voter.
2 7 e. The office sought by the candidate, including the
2 8 district number, if any.
2 9 f. The date of the primary election for which the
2 10 candidate is nominated.
2 11 2. Signatures on a petition page shall be counted only if
2 12 the required information required in subsection 1 is written
2 13 or printed at the top of the page. Nomination papers on
2 14 behalf of candidates for seats in the general assembly need
2 15 only designate the number of the senatorial or representative
2 16 district, as appropriate, and not the county or counties, in
2 17 which the candidate and the petitioners reside. A signature
2 18 line shall not be counted if the line lacks the signature of
2 19 the eligible elector and the signer's address and city. The
2 20 person examining the petition shall mark any deficiencies on
2 21 the petition and affidavit. A signature line shall not be
2 22 counted if the signer's address is obviously outside the
2 23 boundaries of the district.
2 24 2. 3. The person examining the petition shall mark any
2 25 deficiencies on the petition and affidavit. Signed nomination
2 26 petitions and the signed and notarized affidavit of candidacy
2 27 shall not be altered to correct deficiencies noted during
2 28 examination. If the nomination petition lacks a sufficient
2 29 number of acceptable signatures, the nomination petition shall
2 30 be rejected and shall be returned to the candidate.
2 31 4. The nomination papers shall be rejected if the
2 32 affidavit lacks any of the following:
2 33 a. The candidate's name.
2 34 b. The name of the office sought, including the district,
2 35 if any.
3 1 c. The political party name.
3 2 d. The signature of the candidate.
3 3 e. The signature of a notary public or other officer
3 4 empowered to witness oaths.
3 5 5. The candidate may replace a deficient affidavit with a
3 6 corrected affidavit only if the replacement affidavit is filed
3 7 before the filing deadline. The candidate may resubmit a
3 8 nomination petition that has been rejected by adding a
3 9 sufficient number of pages or signatures to correct the
3 10 deficiency. A nomination petition and affidavit filed to
3 11 replace rejected nomination papers shall be filed together
3 12 before the deadline for filing.
3 13 Sec. 3. Section 45.5, Code 2005, is amended to read as
3 14 follows:
3 15 45.5 FORM OF NOMINATION PAPERS.
3 16 1. Nomination papers shall include a petition and an
3 17 affidavit of candidacy. All nomination petitions shall be
3 18 eight and one=half by eleven inches in size and shall be in
3 19 substantially the form prescribed by the state commissioner of
3 20 elections. They shall provide spaces for the following
3 21 information:
3 22 a. A statement identifying the signers of the petition as
3 23 eligible electors of the appropriate ward, city, county,
3 24 school district or school district director district, or
3 25 legislative district and of the state of Iowa.
3 26 b. The name of the candidate nominated by the petition.
3 27 c. A statement that the candidate is or will be a resident
3 28 of the appropriate ward, city, county, school district, or
3 29 legislative or other district as required by section 39.27.
3 30 d. The office sought by the candidate, including the
3 31 district number, if any.
3 32 e. The name and date of the election for which the
3 33 candidate is nominated.
3 34 2. Signatures on a petition page shall be counted only if
3 35 the required information required in subsection 1 is written
4 1 or printed at the top of the page. Nomination papers on
4 2 behalf of candidates for seats in the general assembly need
4 3 only designate the number of the senatorial or representative
4 4 district, as appropriate, and not the county or counties, in
4 5 which the candidate and the petitioners reside. A signature
4 6 line in a nomination petition shall not be counted if the line
4 7 lacks the signature of the eligible elector and the signer's
4 8 address and city. The person examining the petition shall
4 9 mark any deficiencies on the petition. A signature line shall
4 10 not be counted if the signer's address is obviously outside
4 11 the boundaries of the appropriate ward, city, school district
4 12 or school district director district, or other district.
4 13 2. 3. The pages of the petition shall be securely
4 14 fastened together to form a single bundle. Nomination
4 15 petitions that are not bound shall be returned without further
4 16 examination. The state commissioner shall prescribe by rule
4 17 the acceptable methods for binding nomination petitions.
4 18 3. 4. The person examining the petition shall mark any
4 19 deficiencies on the petition. Signed nomination petitions and
4 20 the signed and notarized affidavit of candidacy shall not be
4 21 altered to correct deficiencies noted during the examination.
4 22 If the nomination petition lacks a sufficient number of
4 23 acceptable signatures, the nomination papers shall be rejected
4 24 and returned to the candidate.
4 25 5. The nomination papers shall be rejected if the
4 26 affidavit lacks any of the following:
4 27 a. The candidate's name.
4 28 b. The name of the office sought, including the district,
4 29 if any.
4 30 c. The signature of the candidate.
4 31 d. The signature of a notary public or other officer
4 32 empowered to witness oaths.
4 33 6. The candidate may replace a deficient affidavit with a
4 34 corrected one only if the replacement is filed before the
4 35 filing deadline. The candidate may resubmit a nomination
5 1 petition that has been rejected by adding a sufficient number
5 2 of pages or signatures to correct the deficiency. A
5 3 nomination petition and affidavit filed to replace rejected
5 4 nomination papers shall be filed together before the deadline
5 5 for filing.
5 6 Sec. 4. Section 45.6, subsection 3, Code 2005, is amended
5 7 to read as follows:
5 8 3. All signers, for all nominations, of each separate part
5 9 of a nomination petition, shall reside in the appropriate
5 10 ward, city, county, school district, or legislative district,
5 11 or other district as required by section 45.1.
5 12 Sec. 5. Section 49.10, subsection 4, Code 2005, is amended
5 13 to read as follows:
5 14 4. No A single room or area of any building or facility
5 15 shall may be fixed as the polling place for more than one
5 16 precinct unless there are separate entrances each. The
5 17 location of each polling place shall be clearly marked within
5 18 the room or area on the days on which elections are held as
5 19 the entrance to location of the polling place of a particular
5 20 precinct, and suitable arrangements are shall be made within
5 21 the room or area to prevent direct access from the polling
5 22 place of any precinct to the polling place of any other
5 23 precinct. When the commissioner has fixed such a polling
5 24 place for any precinct it shall remain the polling place at
5 25 all subsequent elections, except elections for which the
5 26 precinct is merged with another precinct as permitted by
5 27 section 49.11, until the boundaries of the precinct are
5 28 changed or the commissioner fixes a new polling place, except
5 29 that the polling place shall be changed to a point within the
5 30 boundaries of the precinct at any time not less than sixty
5 31 days before the next succeeding election that a building or
5 32 facility suitable for such use becomes available within the
5 33 precinct.
5 34 Sec. 6. Section 49.14, subsection 1, Code 2005, is amended
5 35 to read as follows:
6 1 1. The commissioner may appoint substitute precinct
6 2 election officials as alternates for election board members.
6 3 A majority of the original election board members shall be
6 4 present at the precinct polling place at all times; However,
6 5 at partisan elections such the majority of election board
6 6 members at the precinct polling place shall include at least
6 7 one precinct election official from each political party. If
6 8 the chairperson leaves the polling place, the chairperson
6 9 shall designate another member of the board to serve as
6 10 chairperson until the chairperson returns. The
6 11 responsibilities and duties of a precinct election official,
6 12 other than the chairperson, present at the time the polling
6 13 place was opened on the day of an election may be assumed at
6 14 any later time that day by a substitute appointed as an
6 15 alternate. The substitute shall serve either for the balance
6 16 of that election day or for any shorter period of time the
6 17 commissioner may designate.
6 18 Sec. 7. Section 49.31, subsection 2, unnumbered paragraph
6 19 2, Code 2005, is amended to read as follows:
6 20 On the general election ballot the names of candidates for
6 21 the nonpartisan offices listed in section 39.21 shall be
6 22 arranged by drawing lots for position in alphabetical order by
6 23 surname under the heading of the office to be filled. The
6 24 board of supervisors shall hold the drawing at its first
6 25 meeting following the deadline for receipt of objections and
6 26 withdrawals by candidates for the general election.
6 27 Sec. 8. Section 49.57, subsections 2 and 3, Code 2005, are
6 28 amended to read as follows:
6 29 2. In the area of the general election ballot for straight
6 30 party voting, the party or organization names shall be printed
6 31 in capital upper case and lower case letters of using a
6 32 uniform font size, in for each political party or nonparty
6 33 political organization. The font size shall be not less than
6 34 twelve point type. After the name of each candidate for a
6 35 partisan office the name of the candidate's political party
7 1 shall be printed in at least six point type. The names of
7 2 political parties and nonparty political organizations may be
7 3 abbreviated on the remainder of the ballot if both the full
7 4 name and the abbreviation appear in the "Straight Party" and
7 5 "Other Political Party" areas of the ballot.
7 6 3. The names of candidates shall be printed in capital
7 7 upper case and lower case letters, of using a uniform font
7 8 size throughout the ballot, in. The font size shall be not
7 9 less than ten point type.
7 10 Sec. 9. Section 49.57, Code 2005, is amended by adding the
7 11 following new subsection:
7 12 NEW SUBSECTION. 3A. In no case shall the font size for
7 13 public measures, constitutional amendments, and constitutional
7 14 convention questions, and summaries thereof, be less than ten
7 15 point type.
7 16 Sec. 10. Section 49.57, subsection 5, Code 2005, is
7 17 amended to read as follows:
7 18 5. A portion of the ballot, which can be shown to the
7 19 precinct officials without revealing any of the marks made by
7 20 the voter, shall include the words "Official ballot", a
7 21 designation of the ballot rotation, if any the unique
7 22 identification number or name assigned by the commissioner to
7 23 the ballot style, the date of the election, and a facsimile of
7 24 the signature of the commissioner who has caused the ballot to
7 25 be printed pursuant to section 49.51.
7 26 Sec. 11. Section 49.73, subsection 1, paragraph e, Code
7 27 2005, is amended to read as follows:
7 28 e. The Any election conducted for the unincorporated area
7 29 of any a county voting on a local option sales and services
7 30 tax pursuant to section 423B.1.
7 31 Sec. 12. Section 49.77, subsections 1 and 2, Code 2005,
7 32 are amended to read as follows:
7 33 1. The board members of their respective precincts shall
7 34 have charge of the ballots and furnish them to the voters.
7 35 Any person desiring to vote shall sign a voter's declaration
8 1 provided by the officials, in substantially the following
8 2 form:
8 3 VOTER'S DECLARATION OF ELIGIBILITY
8 4 I do solemnly swear or affirm that I am a resident of the
8 5 .... precinct, .... ward or township, city of ........, county
8 6 of ........, Iowa.
8 7 I am a registered voter. I have not voted and will not
8 8 vote in any other precinct in said election.
8 9 I understand that any false statement in this declaration
8 10 is a criminal offense punishable as provided by law.
8 11 .....................
8 12 Signature of Voter
8 13 .....................
8 14 Address
8 15 .....................
8 16 Telephone
8 17 Approved:
8 18 ................
8 19 Board Member
8 20 At the discretion of the commissioner, this declaration may
8 21 be printed on each page of the election register and the voter
8 22 shall sign the election register next to the voter's printed
8 23 name. The voter's signature in the election register shall be
8 24 considered the voter's signed declaration of eligibility
8 25 affidavit. The state commissioner of elections shall
8 26 prescribe by rule an alternate method for providing the
8 27 information in subsection 2 for those counties where the
8 28 declaration of eligibility is printed in the election
8 29 register.
8 30 2. One of the precinct election officials shall announce
8 31 the voter's name aloud for the benefit of any persons present
8 32 pursuant to section 49.104, subsection 2, 3, or 5. Any If the
8 33 declaration of eligibility is not printed on each page of the
8 34 election register, any of those persons may upon request view
8 35 the signed declarations of eligibility and may review the
9 1 signed declarations on file so long as the person does not
9 2 interfere with the functions of the precinct election
9 3 officials. If the declaration of eligibility is printed on
9 4 the election register, the precinct election official shall
9 5 make available for viewing a listing of those voters who have
9 6 signed declarations of eligibility. Any of those persons
9 7 present pursuant to section 49.104, subsection 2, 3, or 5, may
9 8 upon request view the listing of those voters who have signed
9 9 declarations of eligibility, so long as the person does not
9 10 interfere with the functions of the precinct election
9 11 officials.
9 12 Sec. 13. Section 49.79, Code 2005, is amended to read as
9 13 follows:
9 14 49.79 CHALLENGES.
9 15 1. Any person offering to vote may be challenged as
9 16 unqualified by any precinct election official or registered
9 17 voter. It is the duty of each official to challenge any
9 18 person offering to vote whom the official knows or suspects is
9 19 not duly qualified. A ballot shall be received from a voter
9 20 who is challenged, but only in accordance with section 49.81.
9 21 2. A person may be challenged for any of the following
9 22 reasons:
9 23 a. The challenged person is not a citizen of the United
9 24 States.
9 25 b. The challenged person is less than eighteen years of
9 26 age as of the date of the election at which the person is
9 27 offering to vote.
9 28 c. The challenged person is not a resident at the address
9 29 where the person is registered. However, a person who is
9 30 reporting a change of address at the polls on election day
9 31 pursuant to section 48A.27, subsection 2, paragraph "a",
9 32 subparagraph (3) shall not be challenged for this reason.
9 33 d. The challenged person is not a resident of the precinct
9 34 where the person is offering to vote.
9 35 e. The challenged person has falsified information on the
10 1 person's registration form or on the person's declaration of
10 2 eligibility.
10 3 f. The challenged person has been convicted of a felony,
10 4 and the person's voting rights have not been restored.
10 5 g. The challenged person has been adjudged by a court of
10 6 law to be a person who is incompetent to vote and no
10 7 subsequent proceeding has reversed that finding.
10 8 Sec. 14. Section 50.16, Code 2005, is amended to read as
10 9 follows:
10 10 50.16 TALLY LIST OF BOARD.
10 11 The tally list shall be prepared in writing by the election
10 12 board giving, in legibly printed numerals, the total number of
10 13 people who cast ballots in the precinct, the total number of
10 14 ballots cast for each officer office, except those rejected,
10 15 the name of each person voted for, and the number of votes
10 16 given to each person for each different office. The tally
10 17 list shall be signed by the precinct election officials, and
10 18 be substantially as follows:
10 19 At an election at .... in .... township, or in ....
10 20 precinct of .... city or township, in .... county, state of
10 21 Iowa, on the ... day of .... A.D. .., there were ... ballots
10 22 cast for the office of .... of which
10 23 (Candidate's name) ...... had .. votes.
10 24 (Candidate's name) ...... had .. votes.
10 25 (and in the same manner for any other officer).
10 26 A true tally list:
10 27 (Name) .......... Election Board
10 28 (Name) .......... Members.
10 29 (Name) ..........
10 30 Attest:
10 31 (Name) .......... Designated
10 32 (Name) .......... Tally Keepers.
10 33 Sec. 15. Section 50.25, subsection 7, Code 2005, is
10 34 amended by striking the subsection.
10 35 Sec. 16. Section 50.25, Code 2005, is amended by adding
11 1 the following new unnumbered paragraph:
11 2 NEW UNNUMBERED PARAGRAPH. The abstract of the votes for
11 3 each county office is not required to be made on a different
11 4 sheet.
11 5 Sec. 17. Section 52.25, unnumbered paragraph 2, Code 2005,
11 6 is amended to read as follows:
11 7 The entire convention question, amendment, or public
11 8 measure shall be printed and displayed prominently in at least
11 9 four places within the voting precinct, and inside each voting
11 10 booth, or on the left=hand side inside the curtain of each
11 11 voting machine, the printing to be in conformity with the
11 12 provisions of chapter 49. The question, amendment, or
11 13 measure, and summaries thereof, shall be printed on the
11 14 special paper ballots or on the inserts used in the voting
11 15 machines. In no case shall the font size be less than ten
11 16 point type. The public measure shall be summarized by the
11 17 commissioner and in the largest type possible printed on the
11 18 special paper ballots or inserts used in the voting machines,
11 19 except that:
11 20 Sec. 18. Section 376.11, unnumbered paragraphs 1 and 2,
11 21 Code 2005, are amended to read as follows:
11 22 Write=in votes are permitted to be cast in all elections
11 23 for city offices. A person who receives a sufficient number
11 24 of write=in votes to be elected to a city office shall be
11 25 declared the winner of the election. If a person who was
11 26 elected by write=in votes chooses not to serve in that office
11 27 the person shall submit a resignation in writing to the city
11 28 clerk not later than five o'clock p.m. on the tenth day
11 29 following the canvass of the election. If a person who was
11 30 elected by write=in votes resigns at a later time, the office
11 31 shall be considered vacant at the end of the term and the
11 32 council shall fill the vacancy pursuant to the provisions of
11 33 section 372.13, subsection 2.
11 34 Except in cities where the council has chosen a runoff
11 35 election in lieu of a primary, following the resignation of a
12 1 person who was elected by write=in votes, the city clerk shall
12 2 notify the person who received the next highest number of
12 3 votes cast for the office that the person may assume the
12 4 office. If the person accepts the position, the person shall
12 5 be considered the duly elected officer unless, within ten days
12 6 after the clerk has given notice, a petition requesting a
12 7 special election is filed by eligible electors of the city
12 8 equal in number to twenty=five percent of the number of
12 9 persons who voted for the office at the election. If the
12 10 person declines, the person shall do so in writing to the city
12 11 clerk within ten days and the office shall be considered
12 12 vacant at the end of the term. The vacancy shall be filled
12 13 pursuant to the provisions of section 372.13, subsection 2. If
12 14 the council chooses to appoint, the appointment may be made
12 15 before the end of the current term.
12 16 Sec. 19. EFFECTIVE AND APPLICABILITY DATES.
12 17 1. The section of this division of this Act amending
12 18 section 49.77, being deemed of immediate importance, takes
12 19 effect upon enactment and applies to elections held on or
12 20 after that date.
12 21 2. The remainder of this division of this Act applies to
12 22 elections held on or after January 1, 2006.
12 23 DIVISION II
12 24 ABSENTEE VOTING
12 25 Sec. 20. Section 39A.4, subsection 1, paragraph c,
12 26 subparagraphs (10), (11), and (12), Code 2005, are amended to
12 27 read as follows:
12 28 (10) As an incumbent officeholder of, or a candidate for,
12 29 an office being voted for at the election in progress, serving
12 30 as a member of a challenging committee or observer under
12 31 section 49.104, subsection 2, 5, or 6, or section 53.23,
12 32 subsection 4.
12 33 (11) Returning a voted absentee ballot, by mail or in
12 34 person, to the commissioner's office and the person returning
12 35 the ballot is not the voter, an immediate family member of the
13 1 voter, an absentee ballot courier, a special precinct election
13 2 official designated pursuant to section 53.22, subsection 1,
13 3 or the designee of a voter described in section 53.22,
13 4 subsection 5.
13 5 (12) Making a false or untrue statement reporting that a
13 6 voted absentee ballot was returned to the commissioner's
13 7 office, by mail or in person, by a person other than the
13 8 voter, an immediate family member of the voter, an absentee
13 9 ballot courier, a special precinct election official
13 10 designated pursuant to section 53.22, subsection 1, or the
13 11 designee of a voter described in section 53.22, subsection 5.
13 12 Sec. 21. Section 39A.5, subsection 1, paragraph b,
13 13 subparagraph (2), Code 2005, is amended to read as follows:
13 14 (2) Neglecting or refusing to return an absentee ballot in
13 15 violation of section 53.35, or violating Violating any other
13 16 provision of chapter 53 for which another penalty is not
13 17 provided.
13 18 Sec. 22. Section 49.63, Code 2005, is amended to read as
13 19 follows:
13 20 49.63 TIME OF PRINTING == INSPECTION AND CORRECTION.
13 21 Ballots shall be printed and in the possession of the
13 22 commissioner in time to enable the commissioner to furnish
13 23 ballots to absent voters as provided by sections 53.8, 53.10,
13 24 and 53.11. The printed ballots shall be subject to the
13 25 inspection of candidates and their agents. If mistakes are
13 26 discovered, they shall be corrected without delay, in the
13 27 manner provided in this chapter.
13 28 Sec. 23. Section 53.2, subsections 1 and 4, Code 2005, are
13 29 amended to read as follows:
13 30 1. Any registered voter, under the circumstances specified
13 31 in section 53.1, may on any day, except election day, and not
13 32 more than seventy days prior to the date of the election,
13 33 apply in person for an absentee ballot at the commissioner's
13 34 office or at any location designated by the commissioner.
13 35 However, for those elections in which the commissioner directs
14 1 the polls be opened at noon pursuant to section 49.73, a voter
14 2 may apply in person for an absentee ballot at the
14 3 commissioner's office from eight a.m. until eleven a.m. on
14 4 election day.
14 5 PARAGRAPH DIVIDED. A registered voter may make written
14 6 application to the commissioner for an absentee ballot. A
14 7 written application for an absentee ballot must be received by
14 8 the commissioner no later than five p.m. on the Friday before
14 9 the election. A written application for an absentee ballot
14 10 delivered to the commissioner and received by the commissioner
14 11 more than seventy days prior to the date of the election shall
14 12 be retained by the commissioner and processed in the same
14 13 manner as a written application received not more than seventy
14 14 days before the date of the election. However, in a general
14 15 election year, if an application for an absentee ballot for
14 16 the general election is received on or before primary election
14 17 day, the commissioner shall return the application to the
14 18 voter and shall enclose a notice stating that the application
14 19 may not be submitted until after the primary election.
14 20 4. Each application shall contain the name and signature
14 21 of the registered voter, the registered voter's date of birth,
14 22 the address at which the voter is registered to vote, and the
14 23 name or date of the election for which the absentee ballot is
14 24 requested, and such other information as may be necessary to
14 25 determine the correct absentee ballot for the registered
14 26 voter. If insufficient information has been provided, the
14 27 commissioner shall, by the best means available, obtain the
14 28 additional necessary information.
14 29 Sec. 24. Section 53.7, subsection 1, Code 2005, is amended
14 30 to read as follows:
14 31 1. It shall be unlawful for any employee of the state or
14 32 any employee of a political subdivision to solicit any
14 33 application or request for application for an absentee ballot,
14 34 or to take an affidavit in connection with any absentee ballot
14 35 while the employee is on the employer's premises or otherwise
15 1 in the course of employment. However, any such employee may
15 2 take such affidavit in connection with an absentee ballot
15 3 which is cast by the registered voter in person in the office
15 4 where such employee is employed in accordance with section
15 5 53.10 or 53.11. This subsection shall not apply to any
15 6 elected official.
15 7 Sec. 25. Section 53.8, subsection 2, Code 2005, is amended
15 8 to read as follows:
15 9 2. If an application is received so late that it is
15 10 unlikely that the absentee ballot can be returned in time to
15 11 be counted on election day, the commissioner shall enclose
15 12 with the absentee ballot a statement to that effect. The
15 13 statement shall also point out that it is possible for the
15 14 applicant, an immediate family member of the applicant, or the
15 15 applicant's designee if the absentee ballot is voted by a
15 16 voter described in section 53.22, subsection 5, to personally
15 17 deliver the completed absentee ballot to the office of the
15 18 commissioner at any time before the closing of the polls on
15 19 election day. The statement shall also point out that it is
15 20 possible for an absentee ballot courier to personally deliver
15 21 the completed absentee ballot to the office of the
15 22 commissioner within seventy=two hours of retrieving the
15 23 completed ballot or before the closing of the polls on
15 24 election day, whichever is earlier.
15 25 Sec. 26. Section 53.8, subsection 3, unnumbered paragraph
15 26 3, Code 2005, is amended to read as follows:
15 27 Nothing in this subsection nor in section 53.22 shall be
15 28 construed to prohibit a registered voter who is a hospital
15 29 patient or resident of a health care facility, or who
15 30 anticipates entering a hospital or health care facility before
15 31 the date of a forthcoming election, from casting an absentee
15 32 ballot in the manner prescribed by section 53.10 or 53.11.
15 33 Sec. 27. Section 53.17, subsection 1, paragraph a, Code
15 34 2005, is amended to read as follows:
15 35 a. The sealed carrier envelope may be delivered by the
16 1 registered voter, by an immediate family member of the voter,
16 2 by the special precinct election officials designated pursuant
16 3 to section 53.22, subsection 1, or by the voter's designee if
16 4 the absentee ballot is voted by a voter described in section
16 5 53.22, subsection 5, to the commissioner's office no later
16 6 than the time the polls are closed on election day.
16 7 Sec. 28. Section 53.18, Code 2005, is amended to read as
16 8 follows:
16 9 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION.
16 10 1. Upon receipt of the absentee ballot, the commissioner
16 11 shall at once record the number appearing on the application
16 12 and return carrier envelope and time of receipt of such ballot
16 13 and attach the elector's application to the unopened envelope.
16 14 Absentee ballots shall be stored in a secure place until they
16 15 are delivered to the absentee and special voters precinct
16 16 board.
16 17 2. Upon receipt of the return carrier envelope containing
16 18 the completed absentee ballot, the commissioner shall open the
16 19 carrier envelope and remove the affidavit envelope to review
16 20 the affidavit for any deficiencies. If the affidavit contains
16 21 a deficiency which would cause the ballot to be rejected, the
16 22 commissioner shall immediately notify the voter of that fact
16 23 and that the voter may correct the deficiency in the time
16 24 permitted under section 53.17, subsection 2.
16 25 3. If the return carrier envelope is open when received by
16 26 the commissioner, or has been opened and resealed, the
16 27 commissioner shall immediately notify the voter of that fact
16 28 and that the voter's absentee ballot shall not be counted
16 29 unless the voter applies for a replacement ballot and returns
16 30 the replacement ballot in the time permitted under section
16 31 53.17, subsection 2. The replacement ballot application shall
16 32 be the same as is required for an application under section
16 33 53.2. If the information on the replacement ballot
16 34 application matches the information on the original
16 35 application, the voter shall be allowed to complete a
17 1 replacement absentee ballot. The same serial number that was
17 2 assigned to the records of the original absentee ballot
17 3 application shall be used on the envelope and records of the
17 4 replacement ballot. The sealed return carrier envelope
17 5 containing the completed replacement ballot shall be marked
17 6 "Replacement ballot". The return carrier envelope containing
17 7 the original ballot shall be marked "Defective ballot" and the
17 8 replacement ballot and replacement application shall be
17 9 attached to the original application and return carrier
17 10 envelope containing the original ballot and shall be stored in
17 11 a secure place until they are delivered to the absentee and
17 12 special voters precinct board, notwithstanding sections 53.26
17 13 and 53.27.
17 14 Sec. 29. Section 53.22, subsection 1, paragraph a,
17 15 unnumbered paragraph 1, Code 2005, is amended to read as
17 16 follows:
17 17 A registered voter who has applied for an absentee ballot,
17 18 in a manner other than that prescribed by section 53.10 or
17 19 53.11, and who is a resident or patient in a health care
17 20 facility or hospital located in the county to which the
17 21 application has been submitted shall be delivered the
17 22 appropriate absentee ballot by two special precinct election
17 23 officers, one of whom shall be a member of each of the
17 24 political parties referred to in section 49.13, who shall be
17 25 appointed by the commissioner from the election board panel
17 26 for the special precinct established by section 53.20. The
17 27 special precinct election officers shall be sworn in the
17 28 manner provided by section 49.75 for election board members,
17 29 shall receive compensation as provided in section 49.20 and
17 30 shall perform their duties during the ten calendar days
17 31 preceding the election and on election day if all ballots
17 32 requested under section 53.8, subsection 3 have not previously
17 33 been delivered and returned.
17 34 Sec. 30. Section 53.25, unnumbered paragraph 1, Code 2005,
17 35 is amended to read as follows:
18 1 In case the absentee voter's affidavit is found to be
18 2 insufficient, or that the applicant is not a duly registered
18 3 voter in such precinct, or that the ballot envelope is open,
18 4 or has been opened and resealed, or that the ballot envelope
18 5 contains more than one ballot of any one kind, or that said
18 6 voter has voted in person, such vote shall not be accepted or
18 7 counted. If the return carrier envelope is open, or has been
18 8 opened and resealed, and a sealed return carrier envelope with
18 9 the same serial number and marked "Replacement ballot" is not
18 10 attached, the vote shall not be accepted or counted.
18 11 Sec. 31. Section 53.31, unnumbered paragraph 1, Code 2005,
18 12 is amended to read as follows:
18 13 Any person qualified to vote at the election in progress
18 14 may challenge the qualifications of a person casting an
18 15 absentee ballot by submitting a written challenge to the
18 16 commissioner no later than five p.m. on the day Friday before
18 17 the election. It is the duty of the special precinct
18 18 officials to challenge the absentee ballot of any person whom
18 19 the official knows or suspects is not duly qualified.
18 20 Challenges by members of the special precinct election board
18 21 or observers present pursuant to section 53.23 may be made at
18 22 any time before the close of the polls on election day. The
18 23 challenge shall state the reasons for which the challenge is
18 24 being submitted and shall be signed by the challenger. When a
18 25 challenge is received the absentee ballot shall be set aside
18 26 for consideration by the special precinct election board when
18 27 it meets as required by section 50.22.
18 28 Sec. 32. Section 53.37, Code 2005, is amended to read as
18 29 follows:
18 30 53.37 DEFINITIONS.
18 31 1. This division is intended to implement the federal
18 32 Uniform and Overseas Citizens Absentee Voting Act, 42 U.S.C. }
18 33 1973ff et seq.
18 34 2. The term "armed forces of the United States", as used
18 35 in this division, shall mean the army, navy, marine corps,
19 1 coast guard, and air force of the United States.
19 2 3. For the purpose of absentee voting only, there shall be
19 3 included in the term "armed forces of the United States" the
19 4 following:
19 5 1. a. Spouses and dependents of members of the armed
19 6 forces while in active service.
19 7 2. b. Members of the merchant marine of the United States
19 8 and their spouses and dependents.
19 9 3. c. Civilian employees of the United States in all
19 10 categories serving outside the territorial limits of the
19 11 several states of the United States and the District of
19 12 Columbia and their spouses and dependents when residing with
19 13 or accompanying them, whether or not the employee is subject
19 14 to the civil service laws and the Classification Act of 1949,
19 15 and whether or not paid from funds appropriated by the
19 16 Congress.
19 17 4. d. Members of religious groups or welfare agencies
19 18 assisting members of the armed forces, who are officially
19 19 attached to and serving with the armed forces, and their
19 20 spouses and dependents.
19 21 5. e. Citizens of the United States who do not fall under
19 22 any of the categories described in subsections 1 to 4, but who
19 23 are entitled to register and vote pursuant to section 48A.5,
19 24 subsection 4.
19 25 4. For the purposes of this division, "qualified voter"
19 26 means a person who is included within the term "armed forces
19 27 of the United States" as described in this section, who would
19 28 be qualified to register to vote under section 48A.5,
19 29 subsection 2, except for residency, and who is not
19 30 disqualified from registering to vote and voting under section
19 31 48A.6.
19 32 Sec. 33. Section 53.38, Code 2005, is amended to read as
19 33 follows:
19 34 53.38 WHAT CONSTITUTES REGISTRATION.
19 35 Whenever a ballot is requested pursuant to section 53.39 or
20 1 53.45 on behalf of a voter in the armed forces of the United
20 2 States, the affidavit upon the ballot envelope of such voter,
20 3 if the voter is found to be an eligible elector of the county
20 4 to which the ballot is submitted, shall constitute a
20 5 sufficient registration under chapter 48A. A completed
20 6 federal postcard registration and federal absentee ballot
20 7 request form submitted by such eligible elector shall also
20 8 constitute a sufficient registration under chapter 48A. The
20 9 commissioner shall place the voter's name on the registration
20 10 record as a registered voter if it does not already appear
20 11 there. The identification requirements of section 48A.8 and
20 12 the verification requirements of section 48A.25A do not apply
20 13 to persons who register to vote under this division.
20 14 Sec. 34. Section 53.41, Code 2005, is amended to read as
20 15 follows:
20 16 53.41 RECORDS BY COMMISSIONER == EXCESS REQUESTS OR
20 17 BALLOTS.
20 18 The commissioner of each county shall establish and
20 19 maintain a record of all requests for ballots which are made,
20 20 and of all ballots transmitted, and the manner of transmittal,
20 21 from and received in the commissioner's office under the
20 22 provisions of this division.
20 23 PARAGRAPH DIVIDED. If more than one request for absent
20 24 voter's ballot for a particular election is made to the
20 25 commissioner before the ballots are ready to mail by or on
20 26 behalf of a voter in the armed forces of the United States,
20 27 the last request first received shall be honored, except that
20 28 if one of the requests is made by the voter, and a request on
20 29 the voter's behalf has not been previously honored, the
20 30 request of the voter shall be honored in preference to a
20 31 request made on the voter's behalf by another.
20 32 PARAGRAPH DIVIDED. Not more than one ballot shall be
20 33 transmitted by the commissioner to any voter for a particular
20 34 election unless after the ballot has been mailed the voter
20 35 reports a change in the address to which the ballot should be
21 1 sent. A ballot shall be mailed using a serial number that
21 2 indicates that this is a replacement sent to an updated
21 3 address. The original ballot shall be counted only if the
21 4 replacement ballot does not arrive. If the commissioner
21 5 receives more than one absent voter's ballot, provided for by
21 6 this division, from or purporting to be from any one voter for
21 7 a particular election, all of the ballots so received from or
21 8 purporting to be from such voter are void, and the
21 9 commissioner shall not deliver any of the ballots to the
21 10 precinct election officials, but shall retain them in the
21 11 commissioner's office, and preserve them for the period and
21 12 under the conditions provided for in sections 50.12 through
21 13 50.15 and section 50.19.
21 14 Sec. 35. Section 53.44, unnumbered paragraph 2, Code 2005,
21 15 is amended to read as follows:
21 16 Absentee ballots issued under this division shall be
21 17 returned in the same manner either by mail by the voter or a
21 18 person designated by the voter or by personal delivery by the
21 19 voter or a person designated by the voter and within the same
21 20 time limits specified in section 53.17.
21 21 Sec. 36. Section 53.53, subsection 4, paragraph a, Code
21 22 2005, is amended to read as follows:
21 23 a. The ballot was submitted from within the United States,
21 24 unless the voter is a member of the armed forces of the United
21 25 States, as described in section 53.37, subsection 2, on active
21 26 duty and away from the voter's county of residence for
21 27 purposes of serving on active duty.
21 28 Sec. 37. Section 53.53, subsection 4, paragraph b, Code
21 29 2005, is amended to read as follows:
21 30 b. The voter's application for a regular absentee ballot
21 31 was received by the commissioner less than thirty fourteen
21 32 days prior to the election.
21 33 Sec. 38. Section 53.35, Code 2005, is repealed.
21 34 Sec. 39. APPLICABILITY DATE. This division of this Act
21 35 applies to elections held on or after January 1, 2006.
22 1 DIVISION III
22 2 VOTER REGISTRATION
22 3 Sec. 40. Section 48A.2, Code 2005, is amended by adding
22 4 the following new subsection:
22 5 NEW SUBSECTION. 6. "Voter registration list" means a
22 6 compilation of voter registration records produced, upon
22 7 request, from the electronic voter registration file or by
22 8 viewing, upon request, the original, completed voter
22 9 registration applications and forms.
22 10 Sec. 41. Section 48A.11, subsection 8, Code 2005, is
22 11 amended to read as follows:
22 12 8. A voter registration application lacking the
22 13 registrant's name, sex, date of birth, or residence address or
22 14 description shall not be processed. A voter registration
22 15 application lacking the registrant's driver's license number,
22 16 Iowa nonoperator's identification card number, or the last
22 17 four digits of the registrant's social security number shall
22 18 not be processed. A voter registration application lacking
22 19 the registrant's signature shall not be processed. A
22 20 registrant whose registration is not processed pursuant to
22 21 this subsection shall be notified pursuant to section 48A.26,
22 22 subsection 3. A registrant who does not have an Iowa driver's
22 23 license number, an Iowa nonoperator's identification number,
22 24 or a social security number and who notifies the registrar of
22 25 such shall be assigned a unique identifying number that shall
22 26 serve to identify the registrant for voter registration
22 27 purposes.
22 28 Sec. 42. Section 48A.25A, Code 2005, is amended to read as
22 29 follows:
22 30 48A.25A VERIFICATION OF VOTER REGISTRATION INFORMATION.
22 31 Upon receipt of an application for voter registration by
22 32 mail, the state registrar of voters shall compare the driver's
22 33 license number, the Iowa nonoperator's identification card
22 34 number, or the last four numerals of the social security
22 35 number provided by the registrant with the records of the
23 1 state department of transportation or the social security
23 2 administration. To be verified, the voter registration record
23 3 shall contain the same name, date of birth, and driver's
23 4 license number or Iowa nonoperator's identification card
23 5 number or whole or partial social security number as the
23 6 records of the state department of transportation or social
23 7 security administration. If the information cannot be
23 8 verified, the application shall be rejected and the registrant
23 9 shall be notified of the reason for the rejection. If the
23 10 information can be verified, a record shall be made of the
23 11 verification and the application shall be accepted.
23 12 The voter registration commission shall adopt rules in
23 13 accordance with chapter 17A to provide procedures for
23 14 processing registration applications if the state department
23 15 of transportation does not, applications cannot be verified
23 16 before the close of registration for an election for which the
23 17 voter registration otherwise would be effective, if verified,
23 18 provide a report that the information on the application has
23 19 matched or not matched the records of the department.
23 20 This section does not apply to persons described in section
23 21 53.37 who are entitled to register to vote and to vote
23 22 pursuant to section 48A.5, subsection 4.
23 23 Sec. 43. Section 48A.26, subsection 4, Code 2005, is
23 24 amended to read as follows:
23 25 4. If the registrant applied by mail to register to vote
23 26 and did not answer either "yes" or "no" to the question in
23 27 section 48A.11, subsection 3, paragraph "a", the application
23 28 shall be processed, but the registration shall be designated
23 29 as valid only for elections that do not include candidates for
23 30 federal offices on the ballot. The acknowledgment shall
23 31 advise the applicant that the status of the registration is
23 32 local and the reason for the registration being assigned local
23 33 status applicant must submit a new form with the appropriate
23 34 box checked. The commissioner shall enclose a new
23 35 registration by mail form for the applicant to use. If the
24 1 original application is received during the twelve days before
24 2 the close of registration for an election that includes
24 3 candidates for federal offices on the ballot, the commissioner
24 4 shall provide the registrant with an opportunity to complete
24 5 the form before the close of registration.
24 6 Sec. 44. Section 48A.37, subsection 2, Code 2005, is
24 7 amended to read as follows:
24 8 2. Electronic records shall include a status code
24 9 designating whether the records are active, inactive, local,
24 10 or pending. Inactive records are records of registered voters
24 11 to whom notices have been sent pursuant to section 48A.28,
24 12 subsection 3, and who have not returned the card or otherwise
24 13 responded to the notice, and those records have been
24 14 designated inactive pursuant to section 48A.29. Local records
24 15 are records of applicants who did not answer either "yes" or
24 16 "no" to the question in section 48A.11, subsection 3,
24 17 paragraph "a". Pending records are records of applicants
24 18 whose applications have not been verified pursuant to section
24 19 48A.25A. All other records are active records. An inactive
24 20 record shall be made active when the registered voter votes at
24 21 an election, registers again, or reports a change of name,
24 22 address, telephone number, or political party affiliation. A
24 23 pending record shall be made active upon verification. A
24 24 local record shall be valid for any election for which no
24 25 candidates for federal office appear on the ballot. A
24 26 registrant with only a local record shall not vote in a
24 27 federal election unless the registrant submits a new voter
24 28 registration application before election day indicating that
24 29 the applicant is a citizen of the United States.
24 30 Sec. 45. APPLICABILITY DATE. This division of this Act
24 31 applies to elections held on or after January 1, 2006.
24 32 EXPLANATION
24 33 This bill makes various changes to the Code relating to the
24 34 conduct of elections, voting, and voter registration.
24 35 Division I of the bill amends provisions relating to the
25 1 conduct of elections as follows:
25 2 Code section 43.6 is amended to provide that if a vacancy
25 3 in a county office occurs more than 73 days before the primary
25 4 election, political party candidates to fill that office at
25 5 the general elections shall be nominated at the primary
25 6 election.
25 7 Code sections 43.14 and 45.5, relating to the form of
25 8 nomination papers filed for the primary election or filed by
25 9 persons nominated by petition, are amended to provide that a
25 10 signature line shall not be counted if the signer's address is
25 11 obviously outside of the appropriate area or district. Code
25 12 section 45.5 is further amended, along with Code section 45.6,
25 13 to clarify that a person signing a nomination petition must be
25 14 a resident of the appropriate ward, city, county, or district.
25 15 Code section 49.10 is amended to remove the requirement
25 16 that a room or area containing a polling place for more than
25 17 one precinct maintain separate entrances.
25 18 Code section 49.14 is amended to remove the requirement
25 19 that a majority of the members of the original precinct
25 20 election board be present at the precinct polling place at all
25 21 times on election day. However, the division does require
25 22 that the chairperson of the precinct election board be present
25 23 at the precinct polling place at all times on election day.
25 24 Code section 49.31 is amended to provide that on general
25 25 election ballots the names of candidates for nonpartisan
25 26 office shall be arranged in alphabetical order by surname.
25 27 Currently, the arrangement of such names is determined by lot
25 28 drawn by the board of supervisors.
25 29 Code section 49.57 is amended to provide that a ballot
25 30 shall be printed to contain the unique identification number
25 31 or name assigned by the commissioner to the ballot style
25 32 rather than a designation of the ballot rotation.
25 33 Code section 49.57 is amended to remove the requirement
25 34 that the names of candidates and political parties appear in
25 35 all capital letters on ballots. The section is also amended
26 1 to allow the names of political parties and nonparty political
26 2 organizations to be abbreviated on ballots if the
26 3 abbreviations are printed with the full name in the "Straight
26 4 Party" and "Other Political Party" areas of the ballot.
26 5 Finally, the Code section is amended to require a minimum font
26 6 size on ballots for constitutional convention questions,
26 7 constitutional amendments, and public measures. A
26 8 corresponding amendment is made to Code section 52.25.
26 9 Code section 49.73 is amended to provide that the polls may
26 10 open at noon, rather than 7 a.m., for any election conducted
26 11 for the unincorporated area of a county. Currently, the polls
26 12 may open at noon for an election in the unincorporated area of
26 13 the county only if it is an election on a local option sales
26 14 and services tax.
26 15 Code section 49.77 is amended to allow a county
26 16 commissioner of elections to print the affidavit of
26 17 eligibility on each page of the election register and the
26 18 signature of the voter in the register next to the voter's
26 19 printed name serves as that voter's declaration of
26 20 eligibility. The section is also amended to require the
26 21 precinct election official to make available for viewing a
26 22 listing of voters who have signed declarations of eligibility
26 23 for observers allowed at the polling place to know the
26 24 identification of the voter who has arrived at the polls to
26 25 vote. The state commissioner of elections is required to
26 26 adopt rules providing an alternative method for observers
26 27 allowed at the polling place to know the identification of the
26 28 voter who has arrived at the polls to vote. The changes to
26 29 Code section 49.77 take effect upon enactment and apply to
26 30 elections held on or after that date.
26 31 Code section 49.79 is amended to provide a specific list of
26 32 reasons that a person may be challenged as unqualified to
26 33 vote.
26 34 Code section 50.16, relating to preparation of tally lists,
26 35 is amended to make a technical correction changing "officer"
27 1 to "office" and is further amended to remove the A.D. (anno
27 2 Domini) abbreviation from the space for the date on the tally
27 3 list.
27 4 Code section 50.25 is amended to provide that the abstract
27 5 of votes in the general election may be made on one sheet for
27 6 county offices, rather than a separate sheet for each county
27 7 officer.
27 8 Code section 376.11, relating to write=in votes for city
27 9 offices, is amended to provide that if a person elected by
27 10 write=in votes at a regular city election chooses not to
27 11 serve, the person shall submit the person's resignation to the
27 12 city clerk by 5 p.m. on the tenth day following the canvass of
27 13 that election. Currently, the resignation is required by 5
27 14 p.m. on the day following the canvass of the election.
27 15 Code section 376.11 is also amended to establish a deadline
27 16 for filing a petition to request a special election if a
27 17 write=in candidate who wins a city election declines the
27 18 office, and the candidate receiving the next highest number of
27 19 votes is declared the winner. The deadline established for
27 20 filing the petition is within 10 days after the clerk has
27 21 notified the candidate next declared the winner.
27 22 This division of the bill applies to elections held on or
27 23 after January 1, 2006.
27 24 Division II of the bill makes changes relating to absentee
27 25 voting.
27 26 Code section 39A.4 is amended to prohibit incumbent
27 27 officeholders and candidates seeking offices on the ballot
27 28 from serving as observers or challengers of the process of
27 29 counting absentee ballots. Candidates and officeholders are
27 30 currently prohibited from serving in this capacity at the
27 31 polls on election day.
27 32 Code sections 49.63, 53.7, 53.8, and 53.22 are amended to
27 33 add voting in person at the commissioner's office to those
27 34 sections that also reference satellite absentee voting.
27 35 Code section 53.2 is amended to allow a voter to apply in
28 1 person at the commissioner's office for an absentee ballot
28 2 from 8 a.m. until 11 a.m. on the day of the election if it is
28 3 an election at which the commissioner has directed that the
28 4 polls shall open at noon. The county commissioner of
28 5 elections may, by law, direct that the polls be opened at noon
28 6 for any school district election, city elections in cities of
28 7 3,500 or less population, for cities above 3,500 population if
28 8 there is no contested election or public measure on the
28 9 ballot, any benefited district, and elections on local option
28 10 sales and services tax in the unincorporated area of the
28 11 county.
28 12 Code section 53.2 is further amended to provide that, in a
28 13 general election year, any application for a general election
28 14 absentee ballot which is received by the commissioner on or
28 15 before the date of the primary election shall be returned to
28 16 the applicant with a notice stating that the application may
28 17 not be submitted until after the primary election.
28 18 Code section 53.2 is also amended to provide that an
28 19 application for an absentee ballot require the date of birth
28 20 of the registered voter who is applying for the absentee
28 21 ballot.
28 22 Code section 53.8 is amended to clarify that voters who
28 23 expect to be patients or residents of health care facilities
28 24 or hospitals on election day are not prohibited from voting
28 25 absentee in person at the commissioner's office.
28 26 Code section 53.17 is amended to allow an immediate family
28 27 member of an absentee voter to deliver the voted ballot to the
28 28 commissioner's office. Corresponding amendments are made to
28 29 Code sections 39A.4 and 53.8.
28 30 Code section 53.18 is amended to require the county
28 31 commissioner of elections to open the return carrier envelope
28 32 and to review the affidavit on the affidavit envelope. If
28 33 there is a deficiency in the affidavit, the commissioner is to
28 34 immediately contact the voter and inform the voter of the
28 35 deficiency and that the deficiency may be corrected by the
29 1 voter in the time allowed by statute for returning an absentee
29 2 ballot.
29 3 Code section 53.18 is also amended to require the county
29 4 commissioner of elections to notify an absentee voter if the
29 5 voter's completed absentee ballot is returned in a return
29 6 carrier envelope that is unsealed or that has been opened and
29 7 resealed. The commissioner shall allow the voter to complete
29 8 another application and a replacement ballot in the time
29 9 allowed by statute for returning an absentee ballot. A
29 10 corresponding amendment is made to Code section 53.25.
29 11 Code section 53.31 is amended to change the deadline for
29 12 filing a challenge to an absentee voter from 5 p.m. on the day
29 13 before the election to 5 p.m. on the Friday before the
29 14 election.
29 15 Code section 53.35, which makes it unlawful for a person to
29 16 fail to return an absentee ballot, is repealed. A
29 17 corresponding amendment is made to Code section 39A.5.
29 18 Code section 53.38 is amended to provide that military and
29 19 overseas voters are not subject to the requirement for persons
29 20 registering by mail to provide identification when voting nor
29 21 are they subject to the requirement that identification
29 22 numbers on absentee ballots be verified.
29 23 Code section 53.41 is amended to provide that if more than
29 24 one request is received by the commissioner for an absentee
29 25 ballot for a military and overseas voter, the last request
29 26 received shall be honored, except that the voter's request
29 27 shall take preference over a request made by another person on
29 28 the voter's behalf. Code section 53.41 is also amended to
29 29 allow military and overseas voters to update their absentee
29 30 ballot requests with new address information during the two=
29 31 year period covered by the original application. The Code
29 32 section is also amended to permit the mailing of a replacement
29 33 absentee ballot to a military or overseas voter who reports a
29 34 change of address after a ballot has been mailed to the voter.
29 35 Code section 53.44 is amended to exempt military and
30 1 overseas voters from the restrictions that apply to returning
30 2 absentee ballots.
30 3 Code section 53.53 is amended to allow a member of the
30 4 armed forces to return an absentee ballot from within the
30 5 United States if the person is on active duty within the
30 6 United States. The Code section is also amended to provide
30 7 that a federal write=in ballot shall not be counted if the
30 8 voter's application for a regular absentee ballot was received
30 9 by the commissioner less than 14 days before the election.
30 10 Currently, the receipt date is 30 days before the election.
30 11 This division of the bill applies to elections held on or
30 12 after January 1, 2006.
30 13 Division III of the bill makes changes relating to voter
30 14 registration.
30 15 Code section 48A.2 is amended to add a definition of "voter
30 16 registration list".
30 17 Code section 48A.11 is amended to provide that a voter
30 18 registration application lacking the signature of the
30 19 registrant shall not be processed.
30 20 Code section 48A.25A is amended to include the social
30 21 security administration, along with the state department of
30 22 transportation, as a source for verifying the last four digits
30 23 of the social security number provided by a voter registration
30 24 applicant. The Code section is also amended to clarify that
30 25 it is the county commissioner of registration who is
30 26 responsible for verifying voter registration application
30 27 information. Finally, the Code section is amended to provide
30 28 that all military and overseas voters are exempt from the
30 29 verification requirements.
30 30 Code sections 48A.26 and 48A.37 are amended to remove the
30 31 status of "local" registration for those persons who
30 32 registered by mail and neglected to answer or answered "no" to
30 33 the question pertaining to United States citizenship. Code
30 34 section 48A.26 is amended to require the county registrar of
30 35 voters to include a new registration form along with the
31 1 acknowledgment mailed to the registrant and to inform the
31 2 registrant that a new form must be submitted.
31 3 This division of the bill applies to elections held on or
31 4 after January 1, 2006.
31 5 LSB 2448SV 81
31 6 sc:rj/cf/24