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