House File 420 - Introduced HOUSE FILE 420 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HSB 124) A BILL FOR An Act relating to absent voting in general elections by 1 certain military and overseas voters through electronic 2 means and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1468HV (2) 85 aw/sc

H.F. 420 Section 1. Section 53.40, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. a. The commissioner shall immediately on the forty-fifth 3 day prior to the particular election transmit ballots to the 4 voter by mail or otherwise, postage prepaid, as directed 5 by the state commissioner, requests for which are in the 6 commissioner’s hands at that time, and thereafter so transmit 7 ballots immediately upon receipt of requests. A request for 8 ballot for the primary election which does not state the party 9 affiliation of the voter making the request is void and of no 10 effect. A request which does not show that the person for whom 11 a ballot is requested will be a qualified voter in the precinct 12 in which the ballot is to be cast on the day of the election for 13 which the ballot is requested, shall not be honored. However, 14 a request which states the age and the city, including street 15 address, and county where the voter resides is sufficient to 16 show that the person is a qualified voter. A request by the 17 voter containing substantially the information required is 18 sufficient. 19 b. The commissioner shall immediately on the fortieth 20 day prior to the particular election transmit electronic 21 absentee ballots to the voter by electronic means, as directed 22 by the state commissioner, requests for which are in the 23 commissioner’s hands at that time, and thereafter so transmit 24 electronic absentee ballots immediately upon receipt of 25 requests. A request for ballot for the primary election which 26 does not state the party affiliation of the voter making the 27 request is void and of no effect. A request which does not 28 show that the person for whom a ballot is requested will be 29 a qualified voter in the precinct in which the ballot is to 30 be cast on the day of the election for which the ballot is 31 requested, shall not be honored. However, a request which 32 states the age and the city, including street address, and 33 county where the voter resides is sufficient to show that the 34 person is a qualified voter. A request by the voter containing 35 -1- LSB 1468HV (2) 85 aw/sc 1/ 4

H.F. 420 substantially the information required is sufficient. 1 Sec. 2. NEW SECTION . 53.45A Electronic absentee ballots. 2 1. a. As provided in this section and section 53.46, 3 subsection 6A, the commissioner shall provide electronic 4 absentee ballots. An electronic absentee ballot shall only be 5 provided to an eligible elector who completes an application 6 stating that to the best of the eligible elector’s belief 7 that the eligible elector will be residing or stationed or 8 working outside the continental United States on election 9 day. The commissioner shall not provide electronic absentee 10 ballots to an eligible elector earlier than forty days before 11 an election unless the eligible elector will be unable to vote 12 an electronic absentee ballot during the forty days before the 13 election. 14 b. The application for an electronic absentee ballot shall 15 not be filed earlier than ninety days prior to the general 16 election. The electronic absentee ballot shall list the 17 offices and measures, if known, scheduled to appear on the 18 election ballot. The eligible elector may use the electronic 19 absentee ballot to write in the name of any eligible candidate 20 for each office and may vote on any measure. 21 2. With any electronic absentee ballot issued under this 22 section, the commissioner shall include a listing of any 23 candidates who have filed before the time of the application 24 for offices that will appear on the ballot at that election and 25 a list of any measures that have been referred to the ballot 26 before the time of the application. 27 3. Write-in votes on electronic absentee ballots shall be 28 counted in the same manner provided by law for the counting 29 of other write-in votes. The commissioner shall process and 30 canvass the electronic absentee ballots provided under this 31 section in the same manner as other absentee ballots. 32 4. In order for an electronic absentee ballot completed by 33 a voter under this division to be counted, the ballot must be 34 received in the commissioner’s office before the polls close on 35 -2- LSB 1468HV (2) 85 aw/sc 2/ 4

H.F. 420 election day. 1 5. Notwithstanding the provisions of section 53.49, an 2 eligible elector who requests an electronic absentee ballot 3 under this section may also make application for an absentee 4 ballot under section 53.2 or an armed forces absentee ballot 5 under section 53.40. If either the regular absentee or 6 armed forces absentee ballot is properly voted and returned, 7 the electronic absentee ballot is void and the commissioner 8 shall reject it in whole when electronic absentee ballots are 9 canvassed. 10 Sec. 3. Section 53.46, Code 2013, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 6A. To develop and operate, not 13 inconsistent with federal law, a secure internet site to 14 allow a voter in the armed forces of the United States to 15 access, vote, and return an electronic absentee ballot through 16 electronic means. The content of any such electronic absentee 17 ballot shall be the same as that used for absent voters 18 generally in the particular precinct in which the electronic 19 absentee ballot is to be cast; 20 EXPLANATION 21 This bill relates to absent voting by military and overseas 22 voters through electronic means. 23 The bill authorizes the state commissioner of elections 24 to develop and operate, not inconsistent with federal law, a 25 secure internet site to allow a voter in the armed forces of 26 the United States or a United States citizen living outside 27 the country to access, vote, and return an electronic absentee 28 ballot through electronic means for any general election. 29 An electronic absentee ballot shall be the same as a ballot 30 used for absent voters generally in the particular precinct 31 in which the electronic absentee ballot is to be cast. The 32 bill provides for an electronic absentee ballot to be treated 33 substantially the same as the special absentee ballot provided 34 to military and overseas voters under Code section 53.45, 35 -3- LSB 1468HV (2) 85 aw/sc 3/ 4

H.F. 420 except that an eligible elector need not state a belief that 1 the eligible elector will be unable to vote and return a 2 regular absentee ballot. For an electronic absentee ballot to 3 be counted, the ballot must be received in the commissioner’s 4 office before the polls close on election day. 5 A county commissioner of elections is required to transmit 6 electronic absentee ballots 40 days prior to an election and 7 then immediately upon receiving a request for such a ballot. 8 The bill also provides requirements for honoring requests for 9 an electronic absentee ballot. 10 Certain penalties related to elections misconduct are made 11 applicable to the provisions of the bill. 12 -4- LSB 1468HV (2) 85 aw/sc 4/ 4