House File 2367 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO HF 2132)

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

                                      A BILL FOR

  1 An Act relating to the tally of absentee votes by precinct at
  2    certain elections.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5273HV 82
  5 sc/nh/5

PAG LIN



  1  1    Section 1.  Section 49.31, subsection 7, Code 2007, is
  1  2 amended to read as follows:
  1  3    7.  For the purpose of ballot rotation in primary and
  1  4 general elections, the absentee ballot and special voters
  1  5 precinct shall not be considered a separate precinct for those
  1  6 precincts in which a separate tally of absentee votes by
  1  7 resident precinct is required.  For the purpose of ballot
  1  8 rotation in all other elections the absentee ballot and
  1  9 special voters precinct may be considered a separate precinct.
  1 10    Sec. 2.  Section 49.57, Code Supplement 2007, is amended by
  1 11 adding the following new subsection:
  1 12    NEW SUBSECTION.  8.  Absentee ballots counted by hand or
  1 13 entered onto voting machines pursuant to section 53.24 shall
  1 14 include the resident precinct number of the absentee voter.
  1 15 If absentee voting is conducted by means of an optical scan
  1 16 voting system, the ballots shall be coded with the resident
  1 17 precinct number of the absentee voter.  This subsection
  1 18 applies to absentee ballots cast in primary and general
  1 19 elections.  However, this subsection does not apply to any
  1 20 precinct for which ten or fewer absentee ballot requests were
  1 21 received in the preceding general election.
  1 22    Sec. 3.  Section 52.33, subsection 1, Code Supplement 2007,
  1 23 is amended to read as follows:
  1 24    1.  In any county in which the board of supervisors has
  1 25 adopted voting by means of an optical scan voting system, the
  1 26 commissioner shall also conduct absentee voting by use of such
  1 27 a system.  In any other county, the commissioner may with
  1 28 approval of the board of supervisors conduct absentee voting
  1 29 by use of an optical scan voting system.  All provisions of
  1 30 chapter 53 shall apply to such absentee voting, so far as
  1 31 applicable.  In counties where absentee voting is conducted by
  1 32 use of an optical scan voting system, the special precinct
  1 33 counting board shall, at the time required by chapter 53,
  1 34 prepare absentee ballots for tabulation in the manner
  1 35 prescribed by this chapter.  For primary and general
  2  1 elections, in counties where absentee voting is conducted by
  2  2 use of an optical scan voting system, the tabulating device
  2  3 shall be programmed to produce a report showing the resident
  2  4 precinct of the absentee voter for those precincts in which a
  2  5 separate tally of absentee votes by resident precinct is
  2  6 required.
  2  7    Sec. 4.  Section 53.23, subsection 2, Code Supplement 2007,
  2  8 is amended to read as follows:
  2  9    2.  a.  The board's powers and duties shall be the same as
  2 10 those provided in chapter 50 for precinct election officials
  2 11 in regular precinct polling places.  However, the election
  2 12 board of the special precinct shall receive from the
  2 13 commissioner and count all absentee ballots for all precincts
  2 14 in the county; when two or more political subdivisions in the
  2 15 county hold elections simultaneously the special precinct
  2 16 election board shall count absentee ballots cast in all of the
  2 17 elections so held.  The tally list shall be recorded on forms
  2 18 prescribed by the state commissioner.
  2 19    b.  For primary and general elections, the board shall
  2 20 record a separate tally of the votes for each candidate by
  2 21 resident precinct of the absentee voter for those precincts in
  2 22 which a separate tally of absentee votes by resident precinct
  2 23 is required.  A separate tally of absentee votes by resident
  2 24 precinct is required for any precinct for which more than ten
  2 25 absentee ballot requests were received in the preceding
  2 26 general election.  The separate tally list shall be on a form
  2 27 prescribed by the state commissioner and, upon request, shall
  2 28 be made available for public inspection.
  2 29                           EXPLANATION
  2 30    This bill provides that, for primary and general elections,
  2 31 the absentee ballot and special voters precinct board shall
  2 32 record a separate tally of votes by resident precinct of the
  2 33 absentee voter in those precincts that received more than 10
  2 34 absentee ballot requests in the preceding general election.
  2 35 The separate tally shall be available for public inspection
  3  1 upon request.
  3  2 LSB 5273HV 82
  3  3 sc/nh/5