House File 544 - Introduced HOUSE FILE BY GASKILL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to inspection of absentee ballot affidavit 2 envelopes by the county commissioner of elections. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1851HH 82 5 sc/cf/24 PAG LIN 1 1 Section 1. Section 53.10, unnumbered paragraph 2, Code 1 2 2007, is amended to read as follows: 1 3 Each person who wishes to vote by absentee ballot at the 1 4 commissioner's office shall first sign an application for a 1 5 ballot including the following information: name, current 1 6 address, and the election for which the ballot is requested. 1 7 The person may report a change of address or other information 1 8 on the person's voter registration record at that time. The 1 9 registered voter shall immediately mark the ballot; enclose 1 10 the ballot in a secrecy envelope, if necessary, and seal it in 1 11a ballotan affidavit envelope; subscribe to the affidavit on 1 12 the reverse side of the envelope; and return the absentee 1 13 ballot to the commissioner. The commissioner shall record the 1 14 numbers appearing on the application andballotaffidavit 1 15 envelope along with the name of the registered voter. 1 16 Sec. 2. Section 53.18, Code 2007 is amended to read as 1 17 follows: 1 18 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION == 1 19 REVIEW OF AFFIDAVIT == REPLACEMENT BALLOTS. 1 20 1. Upon receipt of the return carrier envelope containing 1 21 the completed absentee ballot, the commissioner shall at once 1 22 record the serial number appearing on the application and 1 23 return carrier envelope and time of receipt of such ballot and 1 24 attach the elector's application to theunopenedreturn 1 25 carrier envelope. Absentee ballots shall be stored in a 1 26 secure place until they are delivered to the absentee and 1 27 special voters precinct board. 1 28 2. If the commissioner receives the return carrier 1 29 envelope containing the completed absentee ballot by five p.m. 1 30 on the Saturday before the election for general and primary 1 31 elections and by five p.m. on the Friday before the election 1 32 for all other elections, the commissioner shall open the 1 33 envelope to review the affidavit for any deficiencies. If the 1 34 affidavit contains a deficiency that would cause the ballot to 1 35 be rejected, the commissioner shall, within twenty=four hours 2 1 of the time the envelope was received, notify the voter of 2 2 that fact and that the voter may correct the deficiency by 2 3 five p.m. on the day before the election. 2 4 3. If the affidavit envelope is open when received by the 2 5 commissioner, or has been opened and resealed, the 2 6 commissioner shall immediately notify the voter of that fact 2 7 and that the voter's absentee ballot shall not be counted 2 8 unless the voter applies for a replacement ballot and returns 2 9 the replacement ballot in the time permitted under section 2 10 53.17, subsection 2. The replacement ballot application shall 2 11 be the same as is required for an application under section 2 12 53.2. If the information on the replacement ballot 2 13 application matches the information on the original 2 14 application, the voter shall be allowed to complete a 2 15 replacement absentee ballot. The same serial number that was 2 16 assigned to the records of the original absentee ballot 2 17 application shall be used on the envelope and records of the 2 18 replacement ballot. The affidavit envelope containing the 2 19 completed replacement ballot shall be marked "Replacement 2 20 ballot". The affidavit envelope containing the original 2 21 ballot shall be marked "Defective ballot" and the replacement 2 22 ballot and replacement ballot application shall be attached to 2 23 the original application and affidavit envelope containing the 2 24 original ballot and shall be stored in a secure place until 2 25 they are delivered to the absentee and special voters precinct 2 26 board, notwithstanding sections 53.26 and 53.27. 2 27 4. The state commissioner of elections shall adopt rules 2 28 for implementation of this section. 2 29 Sec. 3. Section 53.19, unnumbered paragraph 3, Code 2007, 2 30 is amended to read as follows: 2 31 However, any registered voter who has received an absentee 2 32 ballot and not returned it may surrender the absentee ballot 2 33 to the precinct officials and vote in person at the polls. 2 34 The precinct officials shall mark the uncast absentee ballot 2 35 "void" and return it to the commissioner. Any registered 3 1 voter who has been sent an absentee ballot by mail but for any 3 2 reason has not received it or who has not brought the ballot 3 3 to the polls may appear at the voter's precinct polling place 3 4 on election day and shall cast a ballot in accordance with 3 5 section 49.81. Any registered voter who has been notified by 3 6 the commissioner pursuant to section 53.18 of the need to 3 7 correct a deficiency on the affidavit or to apply for and vote 3 8 a replacement absentee ballot and who has not corrected the 3 9 deficiency or voted a replacement absentee ballot may appear 3 10 at the voter's precinct polling place on election day and 3 11 shall cast a ballot in accordance with section 49.81. 3 12 Sec. 4. Section 53.21, unnumbered paragraph 4, Code 2007, 3 13 is amended to read as follows: 3 14 The voter shall enclose one copy of the above statement in 3 15 the return carrier envelope with theballotaffidavit envelope 3 16 and retain a copy for the voter's records. 3 17 Sec. 5. Section 53.23, subsection 3, Code 2007, is amended 3 18 to read as follows: 3 19 3. a. The commissioner shall set the convening time for 3 20 the board, allowing a reasonable amount of time to complete 3 21 counting all absentee ballots by ten p.m. on election day. 3 22 The commissioner may direct the board to meet on the day 3 23 before the election solely for the purpose of reviewing the 3 24 absentee voters' affidavits appearing on the sealedballot3 25 affidavit envelopes. If in the commissioner's judgment this 3 26 procedure is necessary due to the number of absentee ballots 3 27 received, the members of the board may open the sealedballot3 28 affidavit envelopes and remove the secrecy envelope containing 3 29 the ballot, but under no circumstances shall a secrecy 3 30 envelope be opened before the board convenes on election day. 3 31 If theballotaffidavit envelopes are opened before election 3 32 day, two observers, one appointed by each of the two political 3 33 parties referred to in section 49.13, subsection 2, shall 3 34 witness the proceedings. 3 35 b. If the board finds any ballot not enclosed in a secrecy 4 1 envelope and the ballot is folded in such a way that any of 4 2 the votes cast on the ballot are visible, the two special 4 3 precinct election officials, one from each of the two 4 4 political parties referred to in section 49.13, subsection 2, 4 5 shall place the ballot in a secrecy envelope. No one shall 4 6 examine the ballot. Each of the special precinct election 4 7 officials shall sign the secrecy envelope. 4 8 Sec. 6. Section 53.24, Code 2007, is amended to read as 4 9 follows: 4 10 53.24 COUNTIES USING VOTING MACHINES. 4 11 In counties which provide the special precinct election 4 12 board with voting machines, theabsentee ballotaffidavit 4 13 envelopes shall be opened by the board and the ballots shall, 4 14 without being unfolded, be thoroughly intermingled, after 4 15 which they shall be unfolded and, under the personal 4 16 supervision of precinct election officials of each of the 4 17 political parties, be registered on voting machines the same 4 18 as if the absent voter had been present and voted in person, 4 19 except that a tally of the write=in votes may be kept in the 4 20 tally list rather than on the machine. When two or more 4 21 political subdivisions in the county are holding separate 4 22 elections simultaneously, the commissioner may arrange the 4 23 machine so that the absentee and provisional ballots for more 4 24 than one election may be recorded on the same machine. 4 25 Sec. 7. Section 53.25, Code 2007, is amended to read as 4 26 follows: 4 27 53.25 REJECTING BALLOT. 4 28In caseIf the absentee voter's affidavit is found to be 4 29 insufficient,or thatif the applicant is not a duly 4 30 registered voter in such precinct,or that the ballot envelope 4 31 is open, or has been opened and resealed, or thatif the 4 32ballotaffidavit envelope contains more than one ballot of any 4 33 one kind, orthat saidif the voter has voted in person, such 4 34 vote shall not be accepted or counted. If the affidavit 4 35 envelope is open, or has been opened and resealed, and an 5 1 affidavit envelope with the same serial number and marked 5 2 "Replacement ballot" is not attached as provided in section 5 3 53.18, the vote shall not be accepted or counted. 5 4 If the absentee ballot is rejected prior to the opening of 5 5 theballotaffidavit envelope, the voter casting the ballot 5 6 shall be notified by a precinct election official by the time 5 7 the canvass is completed of the reason for the rejection on a 5 8 form prescribed by the state commissioner of elections. 5 9 Sec. 8. Section 53.27, Code 2007, is amended to read as 5 10 follows: 5 11 53.27 REJECTION OF BALLOT == RETURN OF ENVELOPE. 5 12 If the ballot is rejected,said ballotthe affidavit 5 13 envelope, with the affidavit of the voter endorsed thereon, 5 14 shall be returned withsaidthe rejected ballot in the 5 15 envelope endorsed "Defective ballots". 5 16 Sec. 9. Section 53.32, Code 2007, is amended to read as 5 17 follows: 5 18 53.32 BALLOT OF DECEASED VOTER. 5 19 When it shall be made to appear by due proof to the 5 20 precinct election officials that any elector, who has so 5 21 marked and forwarded a ballot, has died before theballot5 22 affidavit envelope is opened, then the ballot of such deceased 5 23 voter shall be endorsed, "Rejected because voter is dead", and 5 24 be returned to the commissioner; but the casting of the ballot 5 25 of a deceased voter shall not invalidate the election. 5 26 Sec. 10. Section 53.38, Code 2007, is amended to read as 5 27 follows: 5 28 53.38 WHAT CONSTITUTES REGISTRATION. 5 29 Whenever a ballot is requested pursuant to section 53.39 or 5 30 53.45 on behalf of a voter in the armed forces of the United 5 31 States, the affidavit upon theballotaffidavit envelope of 5 32 such voter, if the voter is found to be an eligible elector of 5 33 the county to which the ballot is submitted, shall constitute 5 34 a sufficient registration under chapter 48A. A completed 5 35 federal postcard registration and federal absentee ballot 6 1 request form submitted by such eligible elector shall also 6 2 constitute a sufficient registration under chapter 48A. The 6 3 commissioner shall place the voter's name on the registration 6 4 record as a registered voter if it does not already appear 6 5 there. 6 6 Sec. 11. Section 53.40, unnumbered paragraph 5, Code 2007, 6 7 is amended to read as follows: 6 8 If the affidavit on theballotaffidavit envelope shows 6 9 that the affiant is not a qualified voter on the day of the 6 10 election at which the ballot is offered for voting, the 6 11 envelope shall not be opened, but the envelope and ballot 6 12 contained in the envelope shall be preserved and returned by 6 13 the precinct election officials to the commissioner, who shall 6 14 preserve them for the period of time and under the conditions 6 15 provided for in sections 50.12 through 50.15 and section 6 16 50.19. 6 17 Sec. 12. Section 53.44, unnumbered paragraph 1, Code 2007, 6 18 is amended to read as follows: 6 19 The affidavit on the affidavit envelope used in connection 6 20 with voting by absentee ballot under this division by members 6 21 of the armed forces of the United States need not be notarized 6 22 or witnessed, but the affidavit onthe ballotsuch envelope 6 23 shall be completed and signed by the voter. 6 24 EXPLANATION 6 25 This bill requires the county commissioner of elections to 6 26 open the absentee ballot return carrier envelope in order to 6 27 inspect the affidavit on the affidavit envelope containing the 6 28 ballot. If there is a deficiency in the affidavit that would 6 29 cause the ballot to be rejected, the commissioner is to 6 30 contact the voter and inform the voter of the deficiency and 6 31 that the deficiency may be corrected by the voter by 5 p.m. on 6 32 the day before the election. 6 33 The bill also requires the county commissioner of elections 6 34 to notify an absentee voter if the voter's completed absentee 6 35 ballot is returned in an affidavit envelope that is unsealed 7 1 or that has been opened and resealed. The commissioner shall 7 2 allow the voter to complete another absentee ballot 7 3 application and a replacement ballot by 5 p.m. on the day 7 4 before the election. 7 5 The bill provides that if the voter does not correct the 7 6 affidavit deficiency or vote a replacement ballot, as the case 7 7 may be, the voter shall be allowed to vote a provisional 7 8 ballot at the polls. 7 9 Finally, the bill changes the term "ballot envelope" to 7 10 "affidavit envelope" to conform to the use of the term 7 11 "affidavit envelope" throughout the Code. 7 12 LSB 1851HH 82 7 13 sc:nh/cf/24.1