HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act related to absentee voting by tenants of assisted living programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 53.8, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  When an application for an absentee ballot is received by the commissioner of any county from a registered voter who is a patient in a hospital in that county or a resident of any facility or program in that county shown to be a health care facility or assisted living program by the list of licenses or certifications provided the commissioner under section sections 135C.29 and 231C.21, the absentee ballot shall be delivered to the voter and returned to the commissioner in the manner prescribed by section 53.22.
   Sec. 2.  Section 53.22, subsection 1, paragraph a, subparagraphs (1) and (2), Code 2011, are amended to read as follows:
   (1)  A registered voter who has applied for an absentee ballot, in a manner other than that prescribed by section 53.10 or 53.11, and who is a resident or patient in a health care facility or hospital or a tenant in an assisted living program located in the county to which the application has been submitted shall be delivered the appropriate absentee ballot by two special precinct election officers, one of whom shall be a member of each of the political parties referred to in section 49.13, who shall be appointed by the commissioner from the election board panel for the special precinct established by section 53.20. The special precinct election officers shall be sworn in the manner provided by section 49.75 for election board members, shall receive compensation as provided in section 49.20, and shall perform their duties during the ten calendar days after the ballots are printed if the commissioner so elects, during the fourteen calendar days preceding the election, and on election day if all ballots requested under section 53.8, subsection 3, have not previously been delivered and returned.
   (2)  If materials are prepared for the two special precinct election officials, a list shall be made of all voters to whom ballots are to be delivered. The list shall be sent with the officials who deliver the ballots and shall include spaces to indicate whether the person was present at the hospital,or health care facility, or assisted living program when the officials arrived, whether the person requested assistance from the officials, whether the person was assisted by another person of the voter’s choice, the time that the ballot was returned to the officials, and any other notes the officials deem necessary.
   Sec. 3.  Section 53.22, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  If an applicant under this subsection notifies the commissioner that the applicant will not be available at the health care facility or hospital address or assisted living program address at any time during the ten-day period after the ballots are printed, if applicable, or during the fourteen-day period immediately prior to the election, but will be available there at some other time prior to the election or on election day, the commissioner shall direct the two special precinct election officers to deliver the applicant’s ballot at an appropriate time preceding the election or on election day. If a person who so requested an absentee ballot has been dismissed from the health care facility or hospital or is no longer a tenant at the assisted living program, the special precinct election officers may take the ballot to the voter if the voter is currently residing in the county.
   Sec. 4.  Section 53.22, subsections 2 through 4, Code 2011, are amended to read as follows:
   2.  Any registered voter who becomes a patient or resident of a hospital or health care facility or a tenant of an assisted living program in the county where the voter is registered to vote within three days prior to the date of any election or on election day may request an absentee ballot during that period or on election day. As an alternative to the application procedure prescribed by section 53.2, the registered voter may make the request directly to the officers who are delivering and returning absentee ballots under this section. Alternatively, the request may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, these officers shall deliver the appropriate absentee ballot to the registered voter in the manner prescribed by this section.
   3.  For any election except a primary or general election or a special election to fill a vacancy under section 69.14, the commissioner may, as an alternative to subsection 1, mail an absentee ballot to an applicant under this section to be voted and returned to the commissioner in accordance with this chapter. This subsection only applies to applications for absentee ballots from a single health care facility or hospital or assisted living program if there are no more than two applications from that facility or hospital or program.
   4.  The commissioner shall mail an absentee ballot to a registered voter who has applied for an absentee ballot and who is a patient or resident of a hospital or health care facility or a tenant of an assisted living program outside the county in which the voter is registered to vote.
   Sec. 5.  Section 53.22, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  If the registered voter becomes a patient or resident of a hospital or health care facility, or a tenant of an assisted living program outside the county where the voter is registered to vote within three days before the date of any election or on election day, the voter may designate a person to deliver and return the absentee ballot. The designee may be any person the voter chooses except that no candidate for any office to be voted upon for the election for which the ballot is requested may deliver a ballot under this subsection. The request for an absentee ballot may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, the ballot shall be delivered by mail or by the person designated by the voter. An application form shall be included with the absentee ballot and shall be signed by the voter and returned with the ballot.
   Sec. 6.  Section 53.22, subsection 6, Code 2011, is amended to read as follows:
   6.  Observers representing candidates, political parties, or nonparty political organizations, or observers who are opponents or proponents of a ballot issue to be voted on at the election are prohibited from being present at a hospital or health care facility or assisted living program during the time the special precinct election officers are delivering absentee ballots to the residents of such hospital or health care facility.
   Sec. 7.  NEW SECTION.  231C.21  Certification list to county commissioner of elections.
   To facilitate the implementation of section 53.8, subsection 3, and section 53.22, the director of the department of inspections and appeals shall provide to each county commissioner of elections at least annually a list of each certified assisted living program in that county. The list shall include the street address or location, and the mailing address if it is other than the street address or location, of each program.
EXPLANATION
   This bill requires that the director of the department of inspections and appeals provide to each county commissioner of elections a list of certified assisted living programs within that county. The director must provide this list to the county commissioner at least annually. The list must contain certain information.
   The bill further requires that the county commissioner must deliver an absentee ballot to a voter who is a tenant in an assisted living program and who has requested such an absentee ballot.