House Study Bill 34 HOUSE FILE BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON JOCHUM) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act allowing elections in certain cities to be conducted by 2 mail ballots and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1655HC 82 5 sc/es/88 PAG LIN 1 1 Section 1. NEW SECTION. 49B.1 MAIL BALLOT ELECTIONS. 1 2 A mail ballot election may be conducted in cities with a 1 3 population of two hundred or less. Mail ballot elections 1 4 shall be conducted as provided in this chapter. 1 5 Sec. 2. NEW SECTION. 49B.2 DEFINITIONS. 1 6 As used in this chapter, unless the context otherwise 1 7 requires: 1 8 1. "Election day" is the date established by law on which 1 9 a particular election would be held if that election were 1 10 being conducted by means other than a mail ballot election. 1 11 2. "Return verification envelope" means an envelope that 1 12 contains a secrecy envelope and that is designed to allow 1 13 election officials, upon examination of the outside of the 1 14 envelope, to determine that the ballot is being submitted by 1 15 someone who is in fact a registered voter and who has not 1 16 already voted. 1 17 3. "Secrecy envelope" means an envelope that is used to 1 18 contain the voter's ballot and that is designed to conceal the 1 19 voter's vote and to prevent the voter's ballot from being 1 20 distinguished from the ballots of other voters. 1 21 Sec. 3. NEW SECTION. 49B.3 MAIL BALLOT ELECTION 1 22 PROCEDURE. 1 23 The state commissioner of elections shall prescribe uniform 1 24 procedures and forms to be used in the conduct of mail ballot 1 25 elections. 1 26 Sec. 4. NEW SECTION. 49B.4 INITIATION BY GOVERNING BODY. 1 27 1. If the city council of a city with a population of two 1 28 hundred or less determines that it is economically and 1 29 administratively feasible to conduct the regular city election 1 30 or a special city election by mail, the city council, by 1 31 resolution, may require the county commissioner of elections 1 32 to conduct the election under this chapter by filing the 1 33 resolution with the county commissioner not later than ninety 1 34 days before the date of the election. 1 35 2. After the resolution is filed, the county commissioner 2 1 shall prepare a written plan for conducting the election as 2 2 provided in section 49B.5. At least seventy=one days before 2 3 the date set for the election, the county commissioner shall 2 4 forward a copy of the written plan to the city council. 2 5 Sec. 5. NEW SECTION. 49B.5 WRITTEN PLAN FOR CONDUCTING 2 6 ELECTION == AMENDMENTS == APPROVAL PROCEDURE. 2 7 1. The county commissioner shall prepare a written plan, 2 8 including a timetable, for conducting a mail ballot election 2 9 and shall submit it to the state commissioner of elections at 2 10 least seventy=one days before the date of the election. 2 11 2. The plan may be amended by the county commissioner any 2 12 time before the sixty=fourth day before the date of the 2 13 election by notifying the state commissioner of elections in 2 14 writing of any changes. 2 15 3. Within five days after receiving the plan, and as soon 2 16 as possible after receiving any amendments, the state 2 17 commissioner of elections shall approve, disapprove, or 2 18 recommend changes to the plan or amendments. The final plan 2 19 shall be approved by the state commissioner and available to 2 20 the public at least two days before the deadline for 2 21 candidates to file nomination papers in the office of the city 2 22 clerk. The county commissioner shall forward a copy of the 2 23 final plan to the city council of the city for which the mail 2 24 ballot election will be conducted. 2 25 4. When the plan has been approved, the county 2 26 commissioner shall proceed to conduct the election according 2 27 to the approved plan. 2 28 Sec. 6. NEW SECTION. 49B.6 PUBLICATION OF NOTICE. 2 29 1. The county commissioner shall, not more than ten days 2 30 and not less than four days before the date that ballots are 2 31 to be mailed, publish notice that a mail ballot election will 2 32 be conducted. The notice shall be published in a newspaper of 2 33 general circulation in each city for which the mail ballot 2 34 election will be conducted. The notice shall include all of 2 35 the following information: 3 1 a. The date ballots will be mailed. 3 2 b. The last day that a voter can request an absentee 3 3 ballot. 3 4 c. Voter registration deadlines. 3 5 d. Location or locations where mail ballots can be 3 6 deposited pursuant to section 49B.13. 3 7 e. Instructions for obtaining a replacement ballot if a 3 8 voter's ballot is destroyed, spoiled, lost, or not received 3 9 pursuant to section 49B.9. 3 10 2. The county commissioner is not required to publish a 3 11 sample ballot. 3 12 Sec. 7. NEW SECTION. 49B.7 MAILING BALLOTS. 3 13 1. Official ballots for a mail ballot election shall be 3 14 prepared and all other initial procedures for elections shall 3 15 be followed as otherwise provided by law. 3 16 2. The county commissioner of elections shall mail an 3 17 official ballot to every registered voter of the city 3 18 conducting the election on a date not sooner than the 3 19 twentieth day before the date of the election and not later 3 20 than the tenth day before the date of the election. An 3 21 exception shall be made for those ballots delivered as 3 22 prescribed in section 49B.12. 3 23 3. All ballots shall be mailed by first class mail. 3 24 4. Ballots mailed by the county commissioner shall be 3 25 addressed to the address of each voter appearing in the 3 26 registration records of the city, and placed in an envelope 3 27 which is prominently marked "Do Not Forward". 3 28 Sec. 8. NEW SECTION. 49B.8 REGISTRATION. 3 29 The county commissioner shall not mail a ballot under this 3 30 chapter to any voter not registered thirty days before the 3 31 date of the election. Voters registered less than thirty days 3 32 before the date of the election, but before the close of 3 33 registration, may apply for a ballot under section 49B.9. 3 34 Sec. 9. NEW SECTION. 49B.9 REPLACEMENT BALLOTS. 3 35 If the mail ballot is destroyed, spoiled, lost, or not 4 1 received by the voter or if the voter was registered less than 4 2 thirty days before the date of the election but before the 4 3 close of registration, the voter may obtain a replacement 4 4 ballot from the county commissioner as provided in this 4 5 section. A voter seeking a replacement ballot shall sign a 4 6 statement, on a form prescribed by the state commissioner, 4 7 that the ballot was destroyed, spoiled, lost, or not received 4 8 or that the voter was registered less than thirty days before 4 9 the date of the election but before the close of registration. 4 10 The voter or the voter's designee shall deliver the statement 4 11 to the county commissioner before noon on the date of the 4 12 election. The voter may mail the statement to the county 4 13 commissioner. However, a county commissioner shall not 4 14 transmit a ballot by mail under this section unless the 4 15 statement is received before five p.m. on the fourth day 4 16 before the date of the election. When a statement is timely 4 17 received under this section, the county commissioner shall 4 18 give the ballot to the voter if the voter is present in the 4 19 office of the county commissioner or shall promptly mail the 4 20 ballot to the voter at the address contained in the statement, 4 21 except when prohibited by this section. If the voter is 4 22 present in the county commissioner's office, the ballot shall 4 23 be voted at that time. The county commissioner shall keep a 4 24 record of each replacement ballot provided under this section. 4 25 If a voter, having received and voted a replacement ballot as 4 26 provided under this section, later finds the lost ballot, the 4 27 voter shall return the lost ballot to the county commissioner. 4 28 Sec. 10. NEW SECTION. 49B.10 VOTING AND RETURN OF 4 29 BALLOT. 4 30 1. A registered voter, upon receipt of a mail ballot, 4 31 shall mark the ballot in such a manner that no other person 4 32 will know how the ballot is marked and shall place it in the 4 33 secrecy envelope provided with the ballot. 4 34 A voter who is blind, cannot read, or because of a physical 4 35 disability is unable to mark the ballot, may be assisted by 5 1 any person selected by the voter. 5 2 2. The voter shall place the secrecy envelope containing 5 3 the ballot in a return verification envelope marked postage 5 4 paid and shall sign and securely seal the return verification 5 5 envelope. The sealed return verification envelope shall be 5 6 returned to the county commissioner by one of the following 5 7 methods: 5 8 a. The sealed return verification envelope may be 5 9 delivered by the registered voter or the voter's designee to 5 10 the county commissioner's office or a place designated by the 5 11 commissioner no later than the time the polls close on 5 12 election day. 5 13 b. The sealed return verification envelope may be mailed 5 14 to the county commissioner. In order for the ballot to be 5 15 counted, the return verification envelope must be clearly 5 16 postmarked by an officially authorized postal service not 5 17 later than the day before the election and received by the 5 18 county commissioner not later than the time established for 5 19 the canvass by the board of supervisors for that election. 5 20 The county commissioner shall contact the post office serving 5 21 the county commissioner's office at the latest practicable 5 22 hour before the canvass by the board of supervisors for that 5 23 election and shall arrange for return verification envelopes 5 24 received in that post office but not yet delivered to the 5 25 commissioner's office to be brought to the commissioner's 5 26 office before the canvass for that election by the board of 5 27 supervisors. 5 28 Sec. 11. NEW SECTION. 49B.11 ABSENTEE BALLOTS. 5 29 1. A registered voter who will be absent from the city 5 30 during the time when the ballots are mailed may do either of 5 31 the following: 5 32 a. Vote in person in the county commissioner's office as 5 33 soon as ballots are available and until noon the day before 5 34 the ballots are scheduled to be mailed. 5 35 b. Make a written request, signed by the voter and 6 1 addressed to the county commissioner, that the ballot be 6 2 mailed to an address other than that which appears on the 6 3 voter's registration record. Written requests shall be 6 4 accepted until noon the day before the ballots are scheduled 6 5 to be mailed. 6 6 2. Ballots mailed to voters pursuant to this section shall 6 7 be mailed the same day that all other ballots are mailed. 6 8 Sec. 12. NEW SECTION. 49B.12 BALLOTING BY CONFINED 6 9 PERSONS. 6 10 A person who is a resident or patient in a health care 6 11 facility or hospital located in the county in which the 6 12 election is to be held shall not be mailed a ballot but shall 6 13 have a ballot delivered in the manner prescribed by section 6 14 53.22, subsection 1. 6 15 Sec. 13. NEW SECTION. 49B.13 PERSONAL DELIVERY OF MAIL 6 16 BALLOT == BALLOT DROPOFF STATIONS. 6 17 Ballot dropoff stations for the deposit of mail ballots may 6 18 be established in the city conducting the mail ballot election 6 19 at the direction of the county commissioner. A ballot dropoff 6 20 station established at the direction of the commissioner shall 6 21 be open from eight a.m. until the polls close on the day of 6 22 the election. 6 23 Sec. 14. NEW SECTION. 49B.14 RECEIPT OF BALLOT == 6 24 SIGNATURE VERIFICATION. 6 25 When a mail ballot is returned, the county commissioner or 6 26 the county commissioner's designees shall first examine the 6 27 return verification envelope to determine whether it was 6 28 submitted by a registered voter who has not previously voted. 6 29 A ballot shall be counted only if it is returned in the return 6 30 verification envelope, the envelope is signed by the voter to 6 31 whom the ballot is issued, and the signature has been verified 6 32 as provided in this section. 6 33 The county commissioner or the county commissioner's 6 34 designees shall verify the signature of each voter on the 6 35 return verification envelope with the signature in the voter's 7 1 registration records and may commence verification at any time 7 2 before election day. If a voter to whom a replacement ballot 7 3 has been issued under section 49B.9 returns more than one 7 4 ballot, only the replacement ballot shall be counted. 7 5 If the voter's signature is verified and the ballot is 7 6 otherwise valid, the county commissioner or the county 7 7 commissioner's designees shall deposit the ballot unopened in 7 8 an official ballot box. 7 9 Sec. 15. NEW SECTION. 49B.15 PROCEDURE FOR INVALID 7 10 BALLOTS. 7 11 If the county commissioner is not convinced that the 7 12 individual who signed the return verification envelope is the 7 13 voter whose name appears on the registration card, the county 7 14 commissioner shall not deposit the ballot in a ballot box but 7 15 shall do all of the following: 7 16 1. Give notice to the voter as follows: 7 17 a. As soon as possible after receipt of a voter's ballot, 7 18 give notice to the voter, either by telephone or by first 7 19 class mail, that the county commissioner is unable to verify 7 20 the voter's signature. 7 21 b. Inform the voter that the voter may appear in person at 7 22 the county commissioner's office before the close of the polls 7 23 on election day and verify the signature. 7 24 2. Permit any voter appearing pursuant to subsection 1, 7 25 paragraph "b", to: 7 26 a. Verify the voter's signature, after proof of 7 27 identification, by affirming that the signature is in fact the 7 28 voter's or by completing a new registration card containing 7 29 the voter's current signature. 7 30 b. If necessary, request and receive a replacement ballot 7 31 and vote at that time. 7 32 3. If the discrepancy is not rectified to the county 7 33 commissioner's satisfaction, present the unopened envelope and 7 34 the registration card to the special precinct election board 7 35 for a determination. If the election board is unable to 8 1 resolve the issue to its satisfaction, the ballot shall not be 8 2 counted. 8 3 Sec. 16. NEW SECTION. 49B.16 COUNTING BALLOTS. 8 4 Mail ballots shall be counted in the manner prescribed by 8 5 section 53.23 for absentee ballots. The county commissioner 8 6 shall supervise the procedures for the handling, counting, and 8 7 canvassing of ballots to ensure the safety and confidentiality 8 8 of all ballots. 8 9 Sec. 17. NEW SECTION. 49B.17 CHALLENGES. 8 10 Votes cast pursuant to this chapter may be challenged in 8 11 the manner prescribed by section 53.31 for absentee ballots. 8 12 Sec. 18. NEW SECTION. 49B.18 CANVASS OF VOTES. 8 13 The provisions of chapter 50 relating to canvass of votes 8 14 apply to this chapter only to the extent they do not conflict 8 15 with this chapter. 8 16 Sec. 19. NEW SECTION. 49B.19 OTHER LAWS. 8 17 All laws which apply to elections apply to mail ballot 8 18 elections held under this chapter to the extent applicable. 8 19 Sec. 20. NEW SECTION. 49B.20 RULES. 8 20 The state commissioner of elections shall adopt rules 8 21 pursuant to chapter 17A to govern the procedures and forms 8 22 necessary to administer this chapter. The authority of the 8 23 state commissioner to adopt rules under this chapter shall be 8 24 liberally construed. 8 25 Sec. 21. NEW SECTION. 49B.21 MISCONDUCT == VIOLATIONS == 8 26 PENALTIES. 8 27 A person who violates or attempts to violate any provision 8 28 or requirement of this chapter for which a penalty is not 8 29 otherwise provided under chapter 39A commits a simple 8 30 misdemeanor. 8 31 Sec. 22. Section 39.3, Code 2007, is amended by adding the 8 32 following new subsection: 8 33 NEW SUBSECTION. 8A. "Mail ballot election" means an 8 34 election conducted pursuant to chapter 49B. 8 35 EXPLANATION 9 1 This bill creates a new Code chapter 49B and establishes a 9 2 procedure for elections in cities with a population of 200 or 9 3 less to be conducted by mailed ballots. To qualify for this 9 4 method of election, the city council must adopt a resolution 9 5 not later than 90 days before the date of the election 9 6 directing the county commissioner of elections to conduct the 9 7 regular city election or special city election as a mail 9 8 ballot election. The election must be conducted pursuant to a 9 9 plan proposed by the county commissioner of elections (county 9 10 auditor) and approved by the state commissioner of elections 9 11 (secretary of state). 9 12 The bill requires the county commissioner to mail the 9 13 ballots to registered voters in the city no more than 20 days 9 14 and no less than 10 days before the date of the election. To 9 15 receive a mailed ballot, an elector must be registered to vote 9 16 30 or more days before the date of the election. A completed 9 17 ballot must be personally delivered to the commissioner's 9 18 office or a designated place no later than the time the polls 9 19 close on election day or must be postmarked no later than the 9 20 day before the election and received by the commissioner not 9 21 later than the date set for canvassing the ballots. 9 22 The bill provides a method for receiving a replacement 9 23 ballot if a mail ballot is destroyed, spoiled, lost, or not 9 24 received by the voter. The bill provides that absentee 9 25 ballots may be voted at the county commissioner's office as 9 26 soon as ballots are available or, upon written request of the 9 27 voter, may be mailed to an address other than the address on 9 28 the voter's registration record. 9 29 The bill also provides that state election laws apply to 9 30 mail ballot elections to the extent applicable. The bill 9 31 requires the state commissioner of elections to adopt 9 32 administrative rules relating to mail ballot elections. 9 33 A person who violates any provision of mail ballot election 9 34 law for which a penalty is not otherwise provided commits a 9 35 simple misdemeanor. 10 1 LSB 1655HC 82 10 2 sc:rj/es/88