House
File
2470
-
Introduced
HOUSE
FILE
2470
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
683)
A
BILL
FOR
An
Act
relating
to
election
laws
by
making
changes
to
voter
1
registration,
absentee
voting,
and
election
day
procedures,
2
and
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6187HV
(2)
83
sc/nh
H.F.
2470
Section
1.
Section
48A.7A,
subsection
1,
paragraph
b,
1
subparagraph
(2),
subparagraph
division
(d),
Code
2009,
is
2
amended
to
read
as
follows:
3
(d)
Bank
statement
provided
by
the
financial
institution
4
either
electronically
or
by
regular
mail
.
5
Sec.
2.
Section
48A.7A,
subsection
1,
paragraph
b,
6
subparagraph
(2),
Code
2009,
is
amended
by
adding
the
following
7
new
subparagraph
division:
8
NEW
SUBPARAGRAPH
DIVISION
.
(h)
A
receipt
for
payment
of
an
9
item
in
subparagraph
division
(b)
or
(c).
10
Sec.
3.
Section
48A.11,
subsection
1,
Code
2009,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
n.
Whether
the
registrant
wishes
to
request
13
an
absentee
ballot
and
the
name
and
date
of
the
election
for
14
which
the
absentee
ballot
is
requested.
A
registrant
may
15
request
an
absentee
ballot
under
this
paragraph
for
an
election
16
held
in
the
year
of
registration.
17
Sec.
4.
Section
48A.18,
Code
2009,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
6.
The
department
or
a
county
treasurer’s
20
office
is
not
required
to
inquire
of
a
registrant,
or
a
person
21
who
declines
registration,
whether
the
registrant
or
person
22
would
like
to
request
an
absentee
ballot.
23
Sec.
5.
Section
49.77,
subsection
3,
Code
Supplement
2009,
24
is
amended
to
read
as
follows:
25
3.
a.
A
precinct
election
official
shall
require
any
person
26
whose
name
does
not
appear
on
the
election
register
as
an
27
active
voter
to
show
identification.
Specific
documents
which
28
are
acceptable
forms
of
identification
shall
be
prescribed
by
29
the
state
commissioner.
A
precinct
election
official
shall
not
30
require
any
person
whose
name
appears
on
the
election
register
31
as
an
active
voter
to
show
identification.
32
b.
A
precinct
election
official
may
require
of
the
voter
33
unknown
to
the
official,
identification
in
the
form
prescribed
34
by
the
state
commissioner
by
rule.
If
identification
is
35
-1-
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6187HV
(2)
83
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2470
established
to
the
satisfaction
of
the
precinct
election
1
officials,
the
person
may
then
be
allowed
to
vote.
2
Sec.
6.
Section
49.104,
Code
2009,
is
amended
by
adding
the
3
following
new
unnumbered
paragraph:
4
NEW
UNNUMBERED
PARAGRAPH
.
Persons
appointed
under
5
subsections
2
or
5
shall
not
be
prohibited
from
advocating
on
6
the
behalf
of
a
voter
at
the
polling
place.
7
Sec.
7.
Section
50.20,
Code
2009,
is
amended
to
read
as
8
follows:
9
50.20
Notice
of
number
of
provisional
ballots.
10
The
commissioner
shall
compile
a
list
of
the
number
of
11
provisional
ballots
cast
under
section
49.81
in
each
precinct.
12
The
list
shall
include
the
name
and
address
of
those
persons
13
in
each
precinct
who
cast
provisional
ballots.
The
list
14
shall
be
made
available
to
the
public
as
soon
as
possible,
but
15
in
no
case
later
than
nine
o’clock
9:00
a.m.
on
the
second
16
day
following
the
election.
Any
elector
may
examine
the
list
17
during
normal
office
hours,
and
may
also
examine
the
affidavit
18
envelopes
bearing
the
ballots
of
challenged
electors
until
19
the
reconvening
of
the
special
precinct
board
as
required
by
20
this
chapter.
Only
those
persons
so
permitted
by
section
21
53.23,
subsection
4,
shall
have
access
to
the
affidavits
while
22
that
board
is
in
session.
Any
elector
may
present
written
23
statements
or
documents,
supporting
or
opposing
the
counting
of
24
any
provisional
ballot,
at
the
commissioner’s
office
until
the
25
reconvening
of
the
special
precinct
board.
26
Sec.
8.
Section
50.21,
Code
2009,
is
amended
to
read
as
27
follows:
28
50.21
Special
precinct
board
reconvened.
29
1.
The
commissioner
shall
reconvene
the
election
board
of
30
the
special
precinct
established
by
section
53.20
not
earlier
31
than
noon
on
the
second
third
day
following
each
election
which
32
is
required
by
law
to
be
canvassed
on
the
Monday
or
Tuesday
33
following
the
election.
If
the
second
third
day
following
such
34
an
election
is
a
legal
holiday
the
special
precinct
election
35
-2-
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6187HV
(2)
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sc/nh
2/
8
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2470
board
may
be
convened
at
noon
on
the
second
day
following
the
1
election,
and
if
the
canvass
of
the
election
is
scheduled
at
2
any
time
earlier
than
the
Monday
following
the
election,
the
3
special
precinct
election
board
shall
be
reconvened
at
noon
on
4
the
day
following
the
election.
5
2.
If
no
provisional
ballots
were
cast
in
the
county
6
pursuant
to
section
49.81
at
any
election,
the
special
precinct
7
election
board
need
not
be
so
reconvened.
If
the
number
of
8
provisional
ballots
cast
at
any
election
is
not
sufficient
to
9
require
reconvening
of
the
entire
election
board
of
the
special
10
precinct,
the
commissioner
may
reconvene
only
the
number
of
11
members
required.
If
the
number
of
provisional
ballots
cast
at
12
any
election
exceeds
the
number
of
absentee
ballots
cast,
the
13
size
of
the
special
precinct
election
board
may
be
increased
14
at
the
commissioner’s
discretion.
The
commissioner
shall
15
observe
the
requirements
of
sections
49.12
and
49.13
in
making
16
adjustments
to
the
size
of
the
special
precinct
election
board.
17
Sec.
9.
Section
53.1,
subsection
1,
Code
2009,
is
amended
18
to
read
as
follows:
19
1.
Any
registered
voter
may
vote
absentee
,
subject
to
the
20
provisions
of
this
chapter,
vote
at
any
election
:
21
a.
When
the
voter
expects
to
be
absent
on
election
day
22
during
the
time
the
polls
are
open
from
the
precinct
in
which
23
the
voter
is
a
registered
voter.
24
b.
When,
through
illness
or
physical
disability,
the
voter
25
expects
to
be
prevented
from
going
to
the
polls
and
voting
on
26
election
day.
27
c.
When
the
voter
expects
to
be
unable
to
go
to
the
polls
28
and
vote
on
election
day
.
29
Sec.
10.
Section
53.2,
subsections
1
and
4,
Code
Supplement
30
2009,
are
amended
to
read
as
follows:
31
1.
a.
Any
registered
voter
,
under
the
circumstances
32
specified
in
section
53.1
,
may
on
any
day,
except
election
33
day,
and
not
more
than
seventy
days
prior
to
the
date
of
34
the
election,
apply
in
person
for
an
absentee
ballot
at
the
35
-3-
LSB
6187HV
(2)
83
sc/nh
3/
8
H.F.
2470
commissioner’s
office
or
at
any
location
designated
by
the
1
commissioner.
However,
for
those
elections
in
which
the
2
commissioner
directs
the
polls
be
opened
at
noon
pursuant
to
3
section
49.73,
a
voter
may
apply
in
person
for
an
absentee
4
ballot
at
the
commissioner’s
office
from
8:00
a.m.
until
11:00
5
a.m.
on
election
day.
6
b.
A
registered
voter
may
make
written
application
to
the
7
commissioner
for
an
absentee
ballot.
A
written
application
8
for
an
absentee
ballot
must
be
received
by
the
commissioner
9
no
later
than
5:00
p.m.
on
the
Friday
before
the
election.
A
10
written
application
for
an
absentee
ballot
delivered
to
the
11
commissioner
and
received
by
the
commissioner
more
than
seventy
12
days
prior
to
the
date
of
the
election
or
at
any
time
during
the
13
calendar
year
of
the
election
for
which
the
absentee
ballot
is
14
requested
shall
be
retained
by
the
commissioner
and
processed
15
in
the
same
manner
as
a
written
application
received
not
more
16
than
seventy
days
before
the
date
of
the
election.
17
4.
Each
application
shall
contain
the
name
and
signature
18
of
the
registered
voter,
the
registered
voter’s
date
of
birth,
19
the
address
at
which
the
voter
is
registered
to
vote,
and
the
20
name
or
date
of
the
election
for
which
the
absentee
ballot
is
21
requested,
and
such
other
information
as
may
be
necessary
to
22
determine
the
correct
absentee
ballot
for
the
registered
voter.
23
Spaces
for
information
on
the
prescribed
form
shall
be
arranged
24
in
such
a
manner
that
required
information
is
at
the
beginning
25
of
the
form
before
spaces
for
information
that
is
optional
to
26
include.
If
insufficient
information
has
been
provided,
either
27
on
the
prescribed
form
or
on
an
application
created
by
the
28
applicant,
the
commissioner
shall,
by
the
best
means
available,
29
obtain
the
additional
necessary
information.
30
Sec.
11.
NEW
SECTION
.
53.4
Receipt
of
application
for
31
ballot
——
notation
on
registration
record.
32
Beginning
on
the
one
hundredth
day
before
the
election,
33
all
applications
for
absentee
ballots
for
that
election,
34
and
any
information
contained
on
an
absentee
ballot
35
-4-
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6187HV
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2470
application
pertaining
to
the
applicant’s
voter
registration
1
record,
shall
be
recorded
on
the
statewide
voter
registration
2
system
within
forty-eight
hours
of
receipt
of
the
application
3
by
the
commissioner.
4
Sec.
12.
Section
53.20,
subsection
2,
Code
Supplement
2009,
5
is
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
c.
The
reports
required
by
this
subsection
7
shall
be
forwarded
to
the
state
commissioner
who
shall
compile
8
the
reports
into
one
statewide
report
for
each
precinct
in
each
9
county
and
shall
make
the
report
available
to
the
public.
10
Sec.
13.
Section
53.23,
subsection
1,
Code
Supplement
2009,
11
is
amended
to
read
as
follows:
12
1.
The
election
board
of
the
absentee
ballot
and
special
13
voters
precinct
shall
be
appointed
by
the
commissioner
in
the
14
manner
prescribed
by
sections
49.12
and
49.13,
except
that
15
the
number
of
precinct
election
officials
appointed
to
the
16
board
shall
be
sufficient
to
complete
the
counting
of
absentee
17
ballots
by
10:00
p.m.
after
the
board
convenes
on
election
day.
18
Sec.
14.
Section
53.23,
subsection
3,
paragraphs
a
and
c,
19
Code
Supplement
2009,
are
amended
to
read
as
follows:
20
a.
The
commissioner
shall
set
the
convening
time
for
21
the
board,
allowing
a
reasonable
amount
of
time
to
complete
22
counting
all
absentee
ballots
by
10:00
p.m.
after
the
board
23
convenes
on
election
day.
Once
the
commissioner
has
convened
24
the
board
on
election
day,
the
count
required
by
this
25
subsection
shall
not
cease
or
otherwise
be
interrupted
until
26
the
count
is
completed
unless
an
equipment
malfunction
causes
27
the
count
to
be
interrupted
.
28
c.
For
the
general
election,
the
commissioner
may
convene
29
the
special
precinct
election
board
on
the
day
before
the
30
election
to
begin
counting
absentee
ballots.
However,
if
31
in
the
preceding
general
election
the
counting
of
absentee
32
ballots
was
not
completed
by
10:00
p.m.
on
election
day,
the
33
commissioner
shall
convene
the
special
precinct
election
board
34
on
the
day
before
the
next
general
election
to
begin
counting
35
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6187HV
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2470
absentee
ballots.
The
board
shall
not
release
the
results
of
1
its
tabulation
pursuant
to
this
paragraph
until
the
count
is
2
completed
on
election
day.
3
Sec.
15.
EFFECTIVE
DATE
AND
APPLICABILITY.
4
1.
Except
as
provided
in
subsection
2,
this
Act
takes
5
effect
July
1,
2010,
and
applies
to
elections
held
on
or
after
6
September
30,
2010.
7
2.
The
section
of
this
Act
amending
section
48A.11
and
8
the
portion
of
the
section
of
this
Act
amending
section
53.2,
9
subsection
4,
take
effect
January
1,
2012.
10
EXPLANATION
11
This
bill
makes
various
changes
to
the
laws
relating
to
12
absentee
voting
and
voter
registration.
13
The
bill
adds
to
the
list
of
documents
that
are
accepted
14
for
purposes
of
establishing
residency
for
election
day
and
15
in-person
absentee
voter
registration.
Currently,
two
of
the
16
acceptable
items
are
a
property
tax
statement
or
utility
bill
17
showing
the
name
and
address
of
the
voter
registrant.
The
bill
18
provides
that
a
receipt
for
payment
of
either
of
these
items
is
19
acceptable
if
the
receipt
contains
the
name
and
address
of
the
20
voter
registrant.
The
bill
specifies
that
the
bank
statement
21
currently
listed
as
an
acceptable
document
for
establishing
22
residency
may
be
a
bank
statement
provided
by
the
financial
23
institution
either
electronically
or
by
regular
mail.
24
The
bill
requires
the
state
commissioner
to
include
on
the
25
voter
registration
form
space
for
the
registrant
to
indicate
26
whether
the
registrant
wishes
to
request
an
absentee
ballot
27
and
the
name
and
date
of
the
election,
held
in
the
year
of
28
registration,
for
which
the
absentee
ballot
is
requested.
This
29
provision
of
the
bill
takes
effect
January
1,
2012.
30
The
bill
eliminates
a
provision
authorizing
a
precinct
31
election
official
to
ask
for
identification
of
any
voter
32
unknown
to
the
official.
The
bill
further
provides
that
a
33
precinct
official
shall
not
require
identification
of
any
34
person
whose
name
is
on
the
election
register
as
an
active
35
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2470
voter.
1
Under
current
law,
the
county
commissioner
of
elections
is
2
to
compile
a
list,
for
public
inspection
within
two
days
of
3
the
election,
of
the
number
of
provisional
ballots
cast
in
an
4
election.
The
bill
requires
that
the
list
also
include
the
5
name
and
address
of
each
person
who
cast
a
provisional
ballot.
6
The
bill
provides
that
polling
place
observers
appointed
7
by
political
parties
or
nonparty
political
organizations
may
8
advocate
on
behalf
of
a
voter
at
the
polling
place.
9
The
bill
strikes
the
reasons
for
which
a
voter
may
request
an
10
absentee
ballot
and
provides
instead
that
any
registered
voter
11
may
request
and
vote
an
absentee
ballot.
12
Currently,
if
an
application
for
an
absentee
ballot
13
is
received
more
than
70
days
before
the
election,
the
14
commissioner
is
required
to
retain
the
application
and
process
15
it
in
the
same
manner
as
an
application
received
in
a
timely
16
fashion.
Under
the
bill,
the
commissioner
would
also
retain
an
17
application
received
at
any
time
during
the
calendar
year
of
18
the
election
for
which
the
ballot
is
requested
and
process
it
19
immediately
after
the
ballots
become
available.
20
The
bill
provides
that
spaces
on
the
absentee
ballot
21
application
form
prescribed
by
the
state
commissioner
of
22
elections
shall
be
arranged
in
such
a
manner
that
required
23
information
is
at
the
beginning
of
the
form
before
spaces
for
24
information
that
is
optional
to
include.
This
provision
of
the
25
bill
takes
effect
January
1,
2012.
26
The
bill
requires
the
commissioner,
beginning
on
the
100th
27
day
before
the
election,
to
record
receipt
of
an
absentee
28
ballot
application,
and
any
voter
registration
changes
29
resulting
from
certain
information
included
on
the
application,
30
to
be
entered
on
the
statewide
voter
registration
system
within
31
48
hours
of
receiving
the
application.
32
Currently
for
the
general
election,
the
county
commissioner
33
of
elections
is
required
to
report
absentee
and
provisional
34
voting
by
resident
precinct
of
the
voter.
The
bill
requires
35
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the
county
commissioner
of
elections
to
send
the
reports
to
the
1
state
commissioner
who
shall
compile
a
statewide
report
for
2
each
precinct
in
each
county.
3
The
bill
provides
that
once
the
special
precinct
election
4
board
is
convened
by
the
commissioner
on
election
day
to
count
5
absentee
and
provisional
ballots,
it
must
continue
the
count
6
until
it
is
completed
unless
an
equipment
malfunction
causes
7
the
count
to
be
interrupted.
8
Current
law
authorizes
the
commissioner
to
take
certain
9
actions
in
order
to
complete
the
count
by
10:00
p.m.
on
10
election
day.
Those
provisions
are
amended
to
authorize
the
11
same
actions
in
order
to
complete
the
count
once
the
board
has
12
convened
on
election
day.
13
The
bill
strikes
the
provision
that
required
the
14
commissioner
to
convene
the
special
precinct
election
board
on
15
the
day
before
the
election
to
begin
counting
ballots
if
in
the
16
preceding
general
election
the
count
was
not
completed
by
10:00
17
p.m.
on
election
day.
18
The
bill
provides
that
the
special
precinct
election
board
19
shall
be
reconvened
no
earlier
than
noon
on
the
third
day,
20
rather
than
the
second
day,
following
the
election.
21
Except
as
otherwise
noted,
the
bill
takes
effect
July
1,
22
2010,
and
applies
to
elections
held
on
or
after
September
30,
23
2010.
24
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