House Study Bill 124 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ALONS) 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 1468YC (4) 85 aw/sc

H.F. _____ Section 1. Section 53.45, Code 2013, is amended to read as 1 follows: 2 53.45 Special paper absentee ballot ballots and special 3 electronic absentee ballots . 4 1. a. As provided in this section and section 53.46, 5 subsection 6A , the commissioner shall provide special paper 6 absentee ballots or special electronic absentee ballots to be 7 used for state general elections. A special paper absentee 8 ballot or special electronic absentee ballot shall only be 9 provided to an eligible elector who completes an application 10 stating both of the following to the best of the eligible 11 elector’s belief: 12 (1) The eligible elector will be residing or stationed or 13 working outside the continental United States. 14 (2) The eligible elector will be unable to vote and return 15 a regular absentee ballot by normal mail delivery within the 16 period provided for regular absentee ballots. 17 b. The application for a special paper absentee ballot or 18 special electronic absentee ballot shall not be filed earlier 19 than ninety days prior to the general election. The special 20 paper absentee ballot or special electronic absentee ballot 21 shall list the offices and measures, if known, scheduled to 22 appear on the general election ballot. The eligible elector 23 may use the special paper absentee ballot or special electronic 24 absentee ballot to write in the name of any eligible candidate 25 for each office and may vote on any measure. 26 2. With any special paper absentee ballot or special 27 electronic absentee ballot issued under this section , the 28 commissioner shall include a listing of any candidates who have 29 filed before the time of the application for offices that will 30 appear on the ballot at that general election and a list of any 31 measures that have been referred to the ballot before the time 32 of the application. 33 3. Write-in votes on special paper absentee ballots or 34 special electronic absentee ballots shall be counted in the 35 -1- LSB 1468YC (4) 85 aw/sc 1/ 3

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

H.F. _____ The bill authorizes the state commissioner of elections 1 to develop and operate, not inconsistent with federal law, a 2 secure internet site to allow a voter in the armed forces of 3 the United States or a United States citizen living outside 4 the country to access, vote, and return a special electronic 5 absentee ballot through electronic means for any general 6 election. The bill further authorizes the state commissioner 7 to prescribe and direct the preparation of special electronic 8 absentee ballots if the state commissioner determines that 9 providing special electronic absentee ballots will facilitate 10 voting by such voters. A special electronic absentee ballot 11 shall be the same as a ballot used for absent voters generally 12 in the particular precinct in which the special electronic 13 absentee ballot is to be cast. The bill provides for a special 14 electronic absentee ballot to be treated substantially the same 15 as the special paper absentee ballot provided to military and 16 overseas voters under current law. 17 Certain penalties related to elections misconduct are made 18 applicable to the provisions of the bill. 19 -3- LSB 1468YC (4) 85 aw/sc 3/ 3