House File 2032 - Introduced HOUSE FILE 2032 BY M. SMITH A BILL FOR An Act relating to absentee ballot delivery to certain health 1 care facilities and hospitals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5395YH (3) 85 aw/sc
H.F. 2032 Section 1. Section 53.2, subsection 2, Code 2014, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . d. Absentee ballot applications shall 3 include the following questions in substantially the following 4 form: 5 RESIDENT OR PATIENT IN A HEALTH CARE FACILITY OR HOSPITAL 6 1. Are you a resident or patient in a health care facility 7 or hospital? 8 Yes 9 No 10 2. If yes, how would you like your absentee ballot 11 delivered? 12 I request delivery from two special precinct election 13 officers. 14 I request delivery by mail. 15 Sec. 2. Section 53.8, subsection 3, paragraph b, Code 2014, 16 is amended to read as follows: 17 b. (1) If the application is received more than five days 18 before the ballots are printed and the commissioner has elected 19 to have the ballots personally delivered during the ten-day 20 period after the ballots are printed, the commissioner shall 21 mail to the applicant , if the applicant has not requested that 22 the absentee ballot be delivered by mail pursuant to section 23 53.22, subsection 1, paragraph “a” , subparagraph (1A), within 24 twenty-four hours a letter in substantially the following form: 25 Your application for an absentee ballot for the election 26 to be held on ...... has been received. This ballot will 27 be personally delivered to you by a bipartisan team sometime 28 during the ten days after the ballots are printed. If you will 29 not be at the address from which your application was sent 30 during any or all of the ten-day period immediately following 31 the printing of the ballots, the ballot will be personally 32 delivered to you sometime during the fourteen days preceding 33 the election. If you will not be at the address from which 34 your application was sent during either of these time periods, 35 -1- LSB 5395YH (3) 85 aw/sc 1/ 3
H.F. 2032 contact this office and arrangements will be made to have your 1 absentee ballot delivered at a time when you will be present at 2 that address. 3 (2) If the application is received more than fourteen 4 calendar days before the election and the commissioner has not 5 elected to mail absentee ballots to applicants as provided 6 under section 53.22, subsection 3 , and has not elected to have 7 the absentee ballots personally delivered during the ten-day 8 period after the ballots are printed, the commissioner shall 9 mail to the applicant , if the applicant has not requested that 10 the absentee ballot be delivered by mail pursuant to section 11 53.22, subsection 1, paragraph “a” , subparagraph (1A), within 12 twenty-four hours a letter in substantially the following form: 13 Your application for an absentee ballot for the election 14 to be held on ...... has been received. This ballot will 15 be personally delivered to you by a bipartisan team sometime 16 during the fourteen days preceding the election. If you will 17 not be at the address from which your application was sent 18 during any or all of the fourteen-day period immediately 19 preceding the election, contact this office and arrangements 20 will be made to have your absentee ballot delivered at a time 21 when you will be present at that address. 22 Sec. 3. Section 53.22, subsection 1, paragraph a, 23 subparagraph (1), Code 2014, is amended to read as follows: 24 (1) A registered voter who has applied for an absentee 25 ballot, in a manner other than that prescribed by section 26 53.10 or 53.11 , and who is a resident or patient in a health 27 care facility or hospital located in the county to which 28 the application has been submitted shall be delivered the 29 appropriate absentee ballot by two special precinct election 30 officers, one of whom shall be a member of each of the 31 political parties referred to in section 49.13 , who shall be 32 appointed by the commissioner from the election board panel 33 for the special precinct established by section 53.20 . The 34 special precinct election officers shall be sworn in the manner 35 -2- LSB 5395YH (3) 85 aw/sc 2/ 3
H.F. 2032 provided by section 49.75 for election board members, shall 1 receive compensation as provided in section 49.20 , and shall 2 perform their duties during the ten calendar days after the 3 ballots are printed if the commissioner so elects, during the 4 fourteen calendar days preceding the election, and on election 5 day if all ballots requested to be personally delivered under 6 section 53.8, subsection 3 , have not previously been delivered 7 and returned. 8 Sec. 4. Section 53.22, subsection 1, paragraph a, Code 2014, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (1A) Notwithstanding subparagraph (1) 11 and subsection 3, the commissioner shall, if the applicant so 12 requests, have the absentee ballot delivered by mail, and the 13 commissioner shall proceed under section 53.8, subsections 1 14 and 2. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 Under current law, a resident or patient of a health care 19 facility or hospital who makes application for an absentee 20 ballot is, in most circumstances, delivered the ballot by two 21 special precinct election officials appointed by the county 22 commissioner of elections. This bill allows an applicant who 23 is a resident or patient of a health care facility or hospital 24 to request mail delivery or personal delivery of the ballot. 25 The bill requires that form applications for an absentee ballot 26 include certain questions related to whether the applicant is 27 a resident or patient in a health care facility or hospital 28 and the applicant’s preferred method of ballot delivery if 29 the applicant is such a resident or patient. The bill makes 30 corresponding changes related to certain letter notifications 31 sent by the commissioner to an applicant who is a resident of a 32 hospital or health care facility. 33 -3- LSB 5395YH (3) 85 aw/sc 3/ 3