House File 64 - Introduced HOUSE FILE 64 BY M. SMITH A BILL FOR An Act relating to voting by persons in certain health care 1 facilities and hospitals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1237HH (3) 85 aw/sc
H.F. 64 Section 1. Section 53.22, subsection 1, paragraph a, 1 subparagraph (1), Code 2013, is amended to read as follows: 2 (1) A registered voter who has applied for an absentee 3 ballot, in a manner other than that prescribed by section 4 53.10 or 53.11 , and who is a resident or patient in a health 5 care facility or hospital located in the county to which 6 the application has been submitted shall be delivered the 7 appropriate absentee ballot by two special precinct election 8 officers , one of whom appointed by the commissioner of the 9 county where the voter is registered to vote. One special 10 precinct election officer shall be a member of each of the 11 political parties referred to in section 49.13 , who shall be 12 appointed by the commissioner from the election board panel 13 for the special precinct established by section 53.20 . The 14 special precinct election officers shall be sworn in the manner 15 provided by section 49.75 for election board members, shall 16 receive compensation as provided in section 49.20 , and shall 17 perform their duties during the ten calendar days after the 18 ballots are printed if the commissioner so elects, during the 19 fourteen calendar days preceding the election, and on election 20 day if all ballots requested under section 53.8, subsection 3 , 21 have not previously been delivered and returned. 22 Sec. 2. Section 53.22, subsection 2, Code 2013, is amended 23 to read as follows: 24 2. Any registered voter who becomes a patient or resident 25 of a hospital or health care facility in the county where 26 the voter is registered to vote within three days prior to 27 the date of any election or on election day may request an 28 absentee ballot during that period or on election day. As an 29 alternative to the application procedure prescribed by section 30 53.2 , the registered voter may make the request directly to 31 the officers who are delivering and returning absentee ballots 32 under this section . Alternatively, the request may be made 33 by telephone to the office of the commissioner of the county 34 where the voter is registered to vote not later than four hours 35 -1- LSB 1237HH (3) 85 aw/sc 1/ 3
H.F. 64 before the close of the polls. If the requester is found to be 1 a registered voter of that county , these officers shall deliver 2 the appropriate absentee ballot to the registered voter in the 3 manner prescribed by this section . 4 Sec. 3. Section 53.22, subsections 4 and 5, Code 2013, are 5 amended by striking the subsections. 6 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 3, shall not apply to this Act. 8 EXPLANATION 9 This bill relates to voting by persons in certain health 10 care facilities and hospitals. Current law provides different 11 requirements for absentee voting by a person who is a resident 12 or patient of a health care facility or hospital in the county 13 in which the person is registered to vote and for absentee 14 voting by a person who is a resident or patient of a health 15 care facility or hospital in a county other than the county in 16 which the person is registered to vote. Current law requires 17 that two appointed special precinct election officers deliver 18 a requested absentee ballot to a person who is a resident or 19 patient of a health care facility or hospital in the county 20 where the person is registered to vote. Current law also 21 requires that the county commissioner of elections mail a 22 requested absentee ballot to a person who is a resident or 23 patient of a health care facility or hospital not located in 24 the county where the person is registered to vote. If a person 25 becomes a resident or patient of a health care facility or 26 hospital that is not located in the county where the person is 27 registered to vote within three days before an election or on 28 election day, the person may designate a person to deliver and 29 return an absentee ballot. 30 The bill requires that two special precinct election 31 officers appointed by the commissioner of the county where 32 the person is registered to vote deliver a requested absentee 33 ballot to a person who is a resident or patient of a health 34 care facility or hospital regardless of whether the health 35 -2- LSB 1237HH (3) 85 aw/sc 2/ 3
H.F. 64 care facility or hospital is located in the county in which 1 the voter is registered to vote and regardless of when 2 the person becomes a resident of the facility or hospital. 3 Correspondingly, the bill strikes the requirement that the 4 commissioner mail the ballot if the voter is a resident of 5 a health care facility or hospital not located in the county 6 where the person is registered to vote. 7 The bill may include a state mandate as defined in Code 8 section 25B.3. The bill makes inapplicable Code section 25B.2, 9 subsection 3, which would relieve a political subdivision from 10 complying with a state mandate if funding for the cost of 11 the state mandate is not provided or specified. Therefore, 12 political subdivisions are required to comply with any state 13 mandate included in the bill. 14 -3- LSB 1237HH (3) 85 aw/sc 3/ 3