H.F. _____ Section 1. Section 53.8, subsection 3, paragraph a, Code 1 2011, is amended to read as follows: 2 a. When an application for an absentee ballot is received 3 by the commissioner of any county from a registered voter who 4 is a patient in a hospital in that county or a resident of any 5 facility or program in that county shown to be a health care 6 facility or assisted living program by the list of licenses or 7 certifications provided the commissioner under section sections 8 135C.29 and 231C.21 , the absentee ballot shall be delivered 9 to the voter and returned to the commissioner in the manner 10 prescribed by section 53.22 . 11 Sec. 2. Section 53.22, subsection 1, paragraph a, 12 subparagraphs (1) and (2), Code 2011, are amended to read as 13 follows: 14 (1) A registered voter who has applied for an absentee 15 ballot, in a manner other than that prescribed by section 16 53.10 or 53.11 , and who is a resident or patient in a health 17 care facility or hospital or a tenant in an assisted living 18 program located in the county to which the application has been 19 submitted shall be delivered the appropriate absentee ballot 20 by two special precinct election officers, one of whom shall 21 be a member of each of the political parties referred to in 22 section 49.13 , who shall be appointed by the commissioner from 23 the election board panel for the special precinct established 24 by section 53.20 . The special precinct election officers 25 shall be sworn in the manner provided by section 49.75 for 26 election board members, shall receive compensation as provided 27 in section 49.20 , and shall perform their duties during the ten 28 calendar days after the ballots are printed if the commissioner 29 so elects, during the fourteen calendar days preceding the 30 election, and on election day if all ballots requested under 31 section 53.8, subsection 3 , have not previously been delivered 32 and returned. 33 (2) If materials are prepared for the two special precinct 34 election officials, a list shall be made of all voters to whom 35 -1- LSB 2666HC (6) 84 aw/sc 1/ 5

H.F. _____ ballots are to be delivered. The list shall be sent with the 1 officials who deliver the ballots and shall include spaces 2 to indicate whether the person was present at the hospital , 3 or health care facility , or assisted living program when the 4 officials arrived, whether the person requested assistance 5 from the officials, whether the person was assisted by another 6 person of the voter’s choice, the time that the ballot was 7 returned to the officials, and any other notes the officials 8 deem necessary. 9 Sec. 3. Section 53.22, subsection 1, paragraph b, Code 2011, 10 is amended to read as follows: 11 b. If an applicant under this subsection notifies the 12 commissioner that the applicant will not be available at the 13 health care facility or hospital address or assisted living 14 program address at any time during the ten-day period after the 15 ballots are printed, if applicable, or during the fourteen-day 16 period immediately prior to the election, but will be available 17 there at some other time prior to the election or on election 18 day, the commissioner shall direct the two special precinct 19 election officers to deliver the applicant’s ballot at an 20 appropriate time preceding the election or on election day. If 21 a person who so requested an absentee ballot has been dismissed 22 from the health care facility or hospital or is no longer a 23 tenant at the assisted living program , the special precinct 24 election officers may take the ballot to the voter if the voter 25 is currently residing in the county. 26 Sec. 4. Section 53.22, subsections 2 through 4, Code 2011, 27 are amended to read as follows: 28 2. Any registered voter who becomes a patient or resident 29 of a hospital or health care facility or a tenant of an 30 assisted living program in the county where the voter is 31 registered to vote within three days prior to the date of any 32 election or on election day may request an absentee ballot 33 during that period or on election day. As an alternative 34 to the application procedure prescribed by section 53.2 , the 35 -2- LSB 2666HC (6) 84 aw/sc 2/ 5

H.F. _____ registered voter may make the request directly to the officers 1 who are delivering and returning absentee ballots under this 2 section . Alternatively, the request may be made by telephone 3 to the office of the commissioner not later than four hours 4 before the close of the polls. If the requester is found to be 5 a registered voter of that county, these officers shall deliver 6 the appropriate absentee ballot to the registered voter in the 7 manner prescribed by this section . 8 3. For any election except a primary or general election 9 or a special election to fill a vacancy under section 69.14 , 10 the commissioner may, as an alternative to subsection 1 , mail 11 an absentee ballot to an applicant under this section to be 12 voted and returned to the commissioner in accordance with 13 this chapter . This subsection only applies to applications 14 for absentee ballots from a single health care facility or 15 hospital or assisted living program if there are no more than 16 two applications from that facility or hospital or program . 17 4. The commissioner shall mail an absentee ballot to a 18 registered voter who has applied for an absentee ballot and who 19 is a patient or resident of a hospital or health care facility 20 or a tenant of an assisted living program outside the county in 21 which the voter is registered to vote. 22 Sec. 5. Section 53.22, subsection 5, paragraph a, Code 2011, 23 is amended to read as follows: 24 a. If the registered voter becomes a patient or resident of 25 a hospital or health care facility , or a tenant of an assisted 26 living program outside the county where the voter is registered 27 to vote within three days before the date of any election or 28 on election day, the voter may designate a person to deliver 29 and return the absentee ballot. The designee may be any person 30 the voter chooses except that no candidate for any office to be 31 voted upon for the election for which the ballot is requested 32 may deliver a ballot under this subsection . The request for 33 an absentee ballot may be made by telephone to the office of 34 the commissioner not later than four hours before the close of 35 -3- LSB 2666HC (6) 84 aw/sc 3/ 5

H.F. _____ the polls. If the requester is found to be a registered voter 1 of that county, the ballot shall be delivered by mail or by the 2 person designated by the voter. An application form shall be 3 included with the absentee ballot and shall be signed by the 4 voter and returned with the ballot. 5 Sec. 6. Section 53.22, subsection 6, Code 2011, is amended 6 to read as follows: 7 6. Observers representing candidates, political parties, 8 or nonparty political organizations, or observers who are 9 opponents or proponents of a ballot issue to be voted on at 10 the election are prohibited from being present at a hospital 11 or health care facility or assisted living program during the 12 time the special precinct election officers are delivering 13 absentee ballots to the residents of such hospital or health 14 care facility. 15 Sec. 7. NEW SECTION . 231C.21 Certification list to county 16 commissioner of elections. 17 To facilitate the implementation of section 53.8, subsection 18 3, and section 53.22, the director of the department of 19 inspections and appeals shall provide to each county 20 commissioner of elections at least annually a list of each 21 certified assisted living program in that county. The list 22 shall include the street address or location, and the mailing 23 address if it is other than the street address or location, of 24 each program. 25 EXPLANATION 26 This bill requires that the director of the department of 27 inspections and appeals provide to each county commissioner of 28 elections a list of certified assisted living programs within 29 that county. The director must provide this list to the county 30 commissioner at least annually. The list must contain certain 31 information. 32 The bill further requires that the county commissioner must 33 deliver an absentee ballot to a voter who is a tenant in an 34 assisted living program and who has requested such an absentee 35 -4- LSB 2666HC (6) 84 aw/sc 4/ 5