HSB 124 (LSB 1468YC (4) 85)

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 certain military and overseas voters through electronic means and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 53.45, Code 2013, is amended to read as follows:
   53.45  Special
 
paper absentee ballot
 
ballots and special electronic absentee ballots.
   1.
  a.  As provided in this section
 
and section 53.46, subsection 6A, the commissioner shall provide special
 
paper absentee ballots
 
or special electronic absentee ballots to be used for state general elections. A special
 
paper absentee ballot
 
or special electronic absentee ballot shall only be provided to an eligible elector who completes an application stating both of the following to the best of the eligible elector’s belief:
   (1)  The eligible elector will be residing or stationed or working outside the continental United States.
   (2)  The eligible elector will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
   b.  The application for a special
 
paper absentee ballot
 
or special electronic absentee ballot shall not be filed earlier than ninety days prior to the general election. The special
 
paper absentee ballot
 
or special electronic absentee ballot shall list the offices and measures, if known, scheduled to appear on the general election ballot. The eligible elector may use the special
 
paper absentee ballot
 
or special electronic absentee ballot to write in the name of any eligible candidate for each office and may vote on any measure.
   2.  With any special
 
paper absentee ballot
 
or special electronic absentee ballot issued under this section, the commissioner shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that general election and a list of any measures that have been referred to the ballot before the time of the application.
   3.  Write-in votes on special
 
paper absentee ballots
 
or special electronic absentee ballots shall be counted in the same manner provided by law for the counting of other write-in votes. The commissioner shall process and canvass the special
 
paper absentee ballots
 
or special electronic absentee ballots provided under this section in the same manner as other absentee ballots.
   4.  Notwithstanding the provisions of section 53.49, an eligible elector who requests a special
 
paper absentee ballot
 
or special electronic absentee ballot under this section may also make application for an absentee ballot under section 53.2 or an armed forces absentee ballot under section 53.40. If the regular absentee or armed forces absentee ballot is properly voted and returned, the special
 
paper absentee ballot
 
or special electronic absentee ballot is void and the commissioner shall reject it in whole when special
 
paper absentee ballots
 
and special electronic absentee ballots are canvassed.
    Sec. 2.  Section 53.46, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.
  To develop and operate, not inconsistent with federal law, a secure internet site to allow a voter in the armed forces of the United States to access, vote, and return a special electronic absentee ballot through electronic means. The state commissioner shall prescribe and direct the preparation of special electronic absentee ballots to be used in connection with absent voting by voters in the armed forces of the United States to be cast through electronic means for any general election, if, in the discretion of the state commissioner, the state commissioner determines that providing such special electronic absentee ballots will facilitate voting. The content of any such special electronic absentee ballot shall be the same as that used for absent voters generally in the particular precinct in which the special electronic absentee ballot is to be cast;
EXPLANATION
   This bill relates to absent voting by military and overseas voters through electronic means.
   The bill authorizes the state commissioner of elections to develop and operate, not inconsistent with federal law, a secure internet site to allow a voter in the armed forces of the United States or a United States citizen living outside the country to access, vote, and return a special electronic absentee ballot through electronic means for any general election. The bill further authorizes the state commissioner to prescribe and direct the preparation of special electronic absentee ballots if the state commissioner determines that providing special electronic absentee ballots will facilitate voting by such voters. A special electronic absentee ballot shall be the same as a ballot used for absent voters generally in the particular precinct in which the special electronic absentee ballot is to be cast. The bill provides for a special electronic absentee ballot to be treated substantially the same as the special paper absentee ballot provided to military and overseas voters under current law.
   Certain penalties related to elections misconduct are made applicable to the provisions of the bill.