H.F. _____ Section 1. Section 39A.3, subsection 1, paragraph b, Code 1 2009, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7A) Refuses the opportunity to cast a 3 provisional ballot to a prospective voter who was entitled to 4 vote pursuant to section 49.81, subsection 1. 5 Sec. 2. Section 39A.3, subsection 1, paragraph b, 6 subparagraph (8), Code 2009, is amended to read as follows: 7 (8) Allows a person to do any of the acts proscribed by 8 subparagraphs (1) through (7) (7A) . 9 Sec. 3. Section 48A.7A, subsection 1, paragraph b, 10 subparagraph (2), subparagraph division (d), Code 2009, is 11 amended to read as follows: 12 (d) Bank statement provided by the financial institution 13 either electronically or by regular mail . 14 Sec. 4. Section 48A.7A, subsection 1, paragraph b, 15 subparagraph (2), Code 2009, is amended by adding the following 16 new subparagraph divisions: 17 NEW SUBPARAGRAPH DIVISION . (h) A printed blank check. 18 NEW SUBPARAGRAPH DIVISION . (i) A receipt for payment of an 19 item in subparagraph division (b) or (c). 20 Sec. 5. Section 48A.11, subsection 1, Code 2009, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . n. Whether the registrant wishes to request 23 an absentee ballot and the name and date of the election for 24 which the absentee ballot is requested. A registrant may 25 request an absentee ballot under this paragraph for an election 26 held in the year of registration or in the year following 27 registration. 28 Sec. 6. Section 49.77, subsection 3, paragraph b, Code 29 Supplement 2009, is amended by striking the paragraph. 30 Sec. 7. Section 50.15A, subsection 2, paragraph a, Code 31 Supplement 2009, is amended to read as follows: 32 a. After the polls close on election day, the commissioner 33 of elections shall periodically provide election results to the 34 state commissioner of elections as the precincts in the county 35 -1- LSB 6187HC (4) 83 sc/nh 1/ 8

H.F. _____ report election results to the commissioner pursuant to section 1 50.11. If the commissioner determines that all precincts will 2 not report election results before the office is closed, the 3 commissioner shall report the most complete results available 4 prior to leaving the office at the time the office is closed 5 as provided in section 50.11 . The commissioner shall specify 6 the number of precincts included in the report to the state 7 commissioner of elections. 8 Sec. 8. Section 50.20, Code 2009, is amended to read as 9 follows: 10 50.20 Notice of number of provisional ballots. 11 The commissioner shall compile a list of the number of 12 provisional ballots cast under section 49.81 in each precinct. 13 The list shall include the name and address of those persons in 14 each precinct who cast provisional ballots. For the general 15 election, the list shall be made available to the public on 16 election day after the polls close. For all other elections, 17 the list shall be made available to the public as soon as 18 possible, but in no case later than nine o’clock 9:00 a.m. on 19 the second day following the election. Any elector may examine 20 the list during normal office hours, and may also examine the 21 affidavit envelopes bearing the ballots of challenged electors 22 until the reconvening of the special precinct board as required 23 by this chapter. Only those persons so permitted by section 24 53.23, subsection 4, shall have access to the affidavits while 25 that board is in session. Any elector may present written 26 statements or documents, supporting or opposing the counting of 27 any provisional ballot, at the commissioner’s office until the 28 reconvening of the special precinct board. 29 Sec. 9. Section 53.1, subsection 1, Code 2009, is amended 30 to read as follows: 31 1. Any registered voter may vote absentee , subject to the 32 provisions of this chapter, vote at any election : 33 a. When the voter expects to be absent on election day 34 during the time the polls are open from the precinct in which 35 -2- LSB 6187HC (4) 83 sc/nh 2/ 8

H.F. _____ the voter is a registered voter. 1 b. When, through illness or physical disability, the voter 2 expects to be prevented from going to the polls and voting on 3 election day. 4 c. When the voter expects to be unable to go to the polls 5 and vote on election day . 6 Sec. 10. Section 53.2, subsections 1, 4, and 7, Code 7 Supplement 2009, are amended to read as follows: 8 1. a. Any registered voter , under the circumstances 9 specified in section 53.1 , may on any day, except election 10 day, and not more than seventy days prior to the date of 11 the election, apply in person for an absentee ballot at the 12 commissioner’s office or at any location designated by the 13 commissioner. However, for those elections in which the 14 commissioner directs the polls be opened at noon pursuant to 15 section 49.73, a voter may apply in person for an absentee 16 ballot at the commissioner’s office from 8:00 a.m. until 11:00 17 a.m. on election day. 18 b. A registered voter may make written application to the 19 commissioner for an absentee ballot. A written application 20 for an absentee ballot must be received by the commissioner 21 no later than 5:00 p.m. on the Friday before the election. A 22 written application for an absentee ballot delivered to the 23 commissioner and received by the commissioner more than seventy 24 days prior to the date of the election shall be retained by 25 the commissioner and processed in the same manner as a written 26 application received not more than seventy days before the date 27 of the election. 28 4. Each application shall contain the name and signature 29 of the registered voter, the registered voter’s date of birth, 30 the address at which the voter is registered to vote, and the 31 name or date of the election for which the absentee ballot is 32 requested, and such other information as may be necessary to 33 determine the correct absentee ballot for the registered voter. 34 Spaces for information on the prescribed form shall be arranged 35 -3- LSB 6187HC (4) 83 sc/nh 3/ 8

H.F. _____ in such a manner that required information is at the beginning 1 of the form before spaces for information that is optional to 2 include. If insufficient information has been provided, either 3 on the prescribed form or on an application created by the 4 applicant, the commissioner shall, by the best means available, 5 obtain the additional necessary information. 6 7. A registered voter who has not moved from the county in 7 which the elector is registered to vote may submit a change 8 of name, telephone number, or address on the absentee ballot 9 application form when requesting an absentee ballot from the 10 commissioner in the county where the applicant resides . Upon 11 receipt of a properly completed form, the commissioner shall 12 enter a notation of the change on the registration records. 13 Sec. 11. NEW SECTION . 53.4 Receipt of application for 14 ballot —— notation on registration record. 15 The receipt of an application for an absentee ballot, and 16 any information contained on the absentee ballot application 17 pertaining to the applicant’s voter registration record, 18 shall be recorded on the statewide voter registration system 19 within forty-eight hours of receipt of the application by the 20 commissioner. 21 Sec. 12. Section 53.20, subsection 2, Code Supplement 2009, 22 is amended by adding the following new paragraph: 23 NEW PARAGRAPH . c. The reports required by this subsection 24 shall be forwarded to the state commissioner who shall compile 25 the reports into one statewide report for each precinct in each 26 county and shall make the report available to the public. 27 Sec. 13. Section 53.23, subsection 1, Code Supplement 2009, 28 is amended to read as follows: 29 1. The election board of the absentee ballot and special 30 voters precinct shall be appointed by the commissioner in the 31 manner prescribed by sections 49.12 and 49.13, except that 32 the number of precinct election officials appointed to the 33 board shall be sufficient to complete the counting of absentee 34 ballots by 10:00 p.m. after the board convenes on election day. 35 -4- LSB 6187HC (4) 83 sc/nh 4/ 8

H.F. _____ Sec. 14. Section 53.23, subsection 3, paragraphs a and c, 1 Code Supplement 2009, are amended to read as follows: 2 a. The commissioner shall set the convening time for 3 the board, allowing a reasonable amount of time to complete 4 counting all absentee ballots by 10:00 p.m. after the board 5 convenes on election day. Once the commissioner has convened 6 the board on election day, the count required by this 7 subsection shall not cease or otherwise be interrupted until 8 the count is completed. 9 c. For the general election, the commissioner may convene 10 the special precinct election board on the day before the 11 election to begin counting absentee ballots. However, if 12 in the preceding general election the counting of absentee 13 ballots was not completed by 10:00 p.m. on election day, the 14 commissioner shall convene the special precinct election board 15 on the day before the next general election to begin counting 16 absentee ballots. The board shall not release the results of 17 its tabulation pursuant to this paragraph until the count is 18 completed on election day. 19 Sec. 15. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This 20 Act, being deemed of immediate importance, takes effect upon 21 enactment and applies to elections held on or after May 15, 22 2010. 23 EXPLANATION 24 This bill makes various changes to the laws relating to 25 absentee voting and voter registration. 26 The bill provides that it is election misconduct in the 27 second degree for an election official to refuse a prospective 28 voter the opportunity to vote a provisional ballot if the 29 voter was entitled to vote a provisional ballot. Election 30 misconduct in the second degree is an aggravated misdemeanor. 31 An aggravated misdemeanor is punishable by confinement for no 32 more than two years and a fine of at least $625 but not more 33 than $6,250. 34 The bill adds to the list of documents that are accepted 35 -5- LSB 6187HC (4) 83 sc/nh 5/ 8

H.F. _____ for purposes of establishing residency for election day and 1 in-person absentee voter registration. Currently, two of the 2 acceptable items are a property tax statement or utility bill 3 showing the name and address of the voter registrant. The bill 4 provides that a receipt for payment of either of these items is 5 acceptable if the receipt contains the name and address of the 6 voter registrant. The bill also adds “a printed blank check” 7 with the person’s name and address as an acceptable document 8 for establishing residency. The bill specifies that the bank 9 statement currently listed as an acceptable document for 10 establishing residency may be a bank statement provided by the 11 financial institution either electronically or by regular mail. 12 The bill requires the state commissioner to include on the 13 voter registration form space for the registrant to indicate 14 whether the registrant wishes to request an absentee ballot 15 and the name and date of the election, held in the year of 16 registration or the year following registration, for which the 17 absentee ballot is requested. 18 The bill eliminates a provision authorizing a precinct 19 election official to ask for identification of any voter 20 unknown to the official. 21 Under current law, the county commissioner of elections is 22 to compile a list, for public inspection within two days of 23 the election, of the number of provisional ballots cast in an 24 election. The bill requires that the list also include the 25 name and address of each person who cast a provisional ballot 26 and, for general elections, that the list be made available to 27 the public on election day. 28 The bill strikes the reasons for which a voter may request an 29 absentee ballot and provides instead that any registered voter 30 may request and vote an absentee ballot. 31 The bill strikes the requirement that an application for an 32 absentee ballot be received not more than 70 days before the 33 election. Currently, if an application is received more than 34 70 days before the election, the commissioner is required to 35 -6- LSB 6187HC (4) 83 sc/nh 6/ 8

H.F. _____ retain the application and process it in the same manner as an 1 application received in a timely fashion. Under the bill, the 2 commissioner would still retain an application and process it 3 immediately after the ballots become available. 4 The bill provides that spaces on the absentee ballot 5 application form prescribed by the state commissioner of 6 elections shall be arranged in such a manner that required 7 information is at the beginning of the form before spaces for 8 information that is optional to include. 9 The bill provides that if an application for an absentee 10 ballot indicates that the applicant has moved out of the 11 county, the commissioner of the county where the applicant 12 resides shall make a notation on the voter’s registration 13 indicating the change of address. Currently, a commissioner 14 is allowed to note a change of address only if the registered 15 voter moved within the county. 16 The bill requires the commissioner to record receipt of an 17 absentee ballot application, and any voter registration changes 18 resulting from certain information included on the application, 19 to be entered on the statewide voter registration system within 20 48 hours of receiving the application. 21 Currently for the general election, the county commissioner 22 of elections is required to report absentee and provisional 23 voting by resident precinct of the voter. The bill requires 24 the county commissioner of elections to send the reports to the 25 state commissioner who shall compile a statewide report for 26 each precinct in each county. 27 The bill provides that once the special precinct election 28 board is convened by the commissioner on election day to 29 count absentee and provisional ballots, it must continue the 30 count until it is completed. The bill makes a corresponding 31 amendment relating to election day reporting requirements to 32 the state commissioner of elections. 33 Current law authorizes the commissioner to take certain 34 actions in order to complete the count by 10:00 p.m. on 35 -7- LSB 6187HC (4) 83 sc/nh 7/ 8

H.F. _____ election day. Those provisions are amended to authorize the 1 same actions in order to complete the count once the board has 2 convened on election day. 3 The bill strikes the provision that required the 4 commissioner to convene the special precinct election board on 5 the day before the election to begin counting ballots if in the 6 preceding general election the count was not completed by 10:00 7 p.m. on election day. 8 The bill takes effect upon enactment and applies to 9 elections held on or after May 15, 2010. 10 -8- LSB 6187HC (4) 83 sc/nh 8/ 8