Senate File 2301 - Introduced SENATE FILE 2301 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3131) A BILL FOR An Act relating to the administration of elections and voter 1 registration by modifying the close of registration prior 2 to a primary election, modifying the deadline for receipt 3 of absentee ballots by the commissioner, and allowing for 4 changes to the envelopes provided to absentee voters. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5683SV (3) 85 aw/sc

S.F. 2301 Section 1. Section 48A.9, subsection 1, Code 2014, is 1 amended to read as follows: 2 1. Registration closes at 5:00 p.m. eleven days before each 3 election except primary and general elections. For primary and 4 general elections, registration closes at 5:00 p.m. ten days 5 before the election. An eligible elector may register during 6 the time registration is closed in the elector’s precinct but 7 the registration shall not become effective until registration 8 opens again in the elector’s precinct, except as otherwise 9 provided in section 48A.7A . 10 Sec. 2. Section 48A.26, subsection 3, Code 2014, is amended 11 to read as follows: 12 3. If the registration form is missing required information 13 pursuant to section 48A.11, subsection 8 , the acknowledgment 14 shall advise the applicant what additional information is 15 required. The commissioner shall enclose a new registration 16 form for the applicant to use. If the registration form has 17 no address, the commissioner shall make a reasonable effort 18 to determine where the acknowledgment should be sent. If the 19 incomplete registration form is received during the period in 20 which registration is closed pursuant to section 48A.9 but 21 by 5:00 p.m. on the Saturday before the election for general 22 and primary elections or by 5:00 p.m. on the Friday before the 23 election for all other elections, the commissioner shall send 24 a notice advising the applicant of election day and in-person 25 absentee registration procedures under section 48A.7A . 26 Sec. 3. Section 50.20, Code 2014, is amended to read as 27 follows: 28 50.20 Notice of number of provisional ballots. 29 The commissioner shall compile a list of the number of 30 provisional ballots cast under section 49.81 in each precinct. 31 The list shall be made available to the public as soon as 32 possible, but in no case later than 9:00 a.m. on the second 33 day following the election. Any elector may examine the 34 list during normal office hours, and may also examine the 35 -1- LSB 5683SV (3) 85 aw/sc 1/ 11

S.F. 2301 affidavit affidavits on the envelopes bearing containing the 1 ballots of challenged electors until the reconvening of the 2 special precinct board as required by this chapter . Only those 3 persons so permitted by section 53.23, subsection 4 , shall have 4 access to the affidavits while that board is in session. Any 5 elector may present written statements or documents, supporting 6 or opposing the counting of any provisional ballot, at the 7 commissioner’s office until the reconvening of the special 8 precinct board. 9 Sec. 4. Section 53.2, subsection 6, Code 2014, is amended 10 to read as follows: 11 6. If an application for an absentee ballot is received 12 from an eligible elector who is not a registered voter 13 the commissioner shall send the eligible elector a voter 14 registration form and another absentee ballot application form. 15 If the application is received after the time registration 16 closes pursuant to section 48A.9 but by 5:00 p.m. on the 17 Saturday before the election for general and primary elections 18 or by 5:00 p.m. on the Friday before the election for all other 19 elections, the commissioner shall notify the applicant by 20 mail of the election day and in-person absentee registration 21 provisions of section 48A.7A . In addition to notification 22 by mail, the commissioner shall also attempt to contact the 23 applicant by any other method available to the commissioner. 24 Sec. 5. Section 53.8, subsection 1, Code 2014, is amended 25 to read as follows: 26 1. a. Upon receipt of an application for an absentee ballot 27 and immediately after the absentee ballots are printed, the 28 commissioner shall mail an absentee ballot to the applicant 29 within twenty-four hours, except as otherwise provided in 30 subsection 3 . The absentee ballot shall be sent to the 31 registered voter by one of the following methods: 32 (1) The absentee ballot shall be enclosed in an unsealed 33 envelope bearing marked with a serial number and affidavit. 34 The absentee ballot and unsealed affidavit envelope shall 35 -2- LSB 5683SV (3) 85 aw/sc 2/ 11

S.F. 2301 be enclosed in or with a an unsealed return envelope marked 1 postage paid which bears the same serial number as the unsealed 2 affidavit envelope. The absentee ballot, unsealed affidavit 3 envelope, and return envelope shall be enclosed in a third 4 envelope to be sent to the registered voter. If the ballot 5 cannot be folded so that all of the votes cast on the ballot 6 will be hidden, the commissioner shall also enclose a secrecy 7 envelope with the absentee ballot. 8 (2) The absentee ballot shall be enclosed in an unsealed 9 return envelope marked with a serial number and affidavit 10 and marked postage paid. The absentee ballot and return 11 envelope shall be enclosed in a second envelope to be sent 12 to the registered voter. If the ballot cannot be folded so 13 that all of the votes cast on the ballot will be hidden, the 14 commissioner shall also enclose a secrecy envelope with the 15 absentee ballot. 16 b. The affidavit shall be marked on the appropriate envelope 17 in a form prescribed by the state commissioner of elections. 18 Sec. 6. Section 53.10, subsection 2, Code 2014, is amended 19 to read as follows: 20 2. Each person who wishes to vote by absentee ballot at 21 the commissioner’s office shall first sign an application for 22 a ballot including the following information: name, current 23 address, and the election for which the ballot is requested. 24 The person may report a change of address or other information 25 on the person’s voter registration record at that time. The 26 registered voter shall immediately mark the ballot; enclose the 27 ballot in a secrecy envelope, if necessary, and seal it in an 28 affidavit the envelope marked with the affidavit ; subscribe to 29 the affidavit on the reverse side of the envelope; and return 30 the absentee ballot to the commissioner. The commissioner 31 shall record the numbers appearing on the application and 32 affidavit envelope along with the name of the registered voter. 33 Sec. 7. Section 53.16, Code 2014, is amended to read as 34 follows: 35 -3- LSB 5683SV (3) 85 aw/sc 3/ 11

S.F. 2301 53.16 Subscribing to affidavit. 1 After marking the ballot, the voter shall make and subscribe 2 to the affidavit on the reverse side of the affidavit envelope 3 or on the return envelope marked with the affidavit , and 4 fold the ballot or ballots, separately, so as to conceal 5 the markings on them, and deposit them in the envelope, and 6 securely seal the envelope. 7 Sec. 8. Section 53.17, subsection 1, unnumbered paragraph 8 1, Code 2014, is amended to read as follows: 9 The If the commissioner mailed the ballot pursuant to 10 section 53.8, subsection 1, paragraph “a” , subparagraph (1), 11 the sealed affidavit envelope containing the absentee ballot 12 shall be enclosed in a return envelope which shall be securely 13 sealed. If the commissioner mailed the ballot pursuant to 14 section 53.8, subsection 1, paragraph “a” , subparagraph (2), 15 the absentee ballot shall be enclosed in the return envelope 16 which shall be securely sealed. The sealed return envelope 17 shall be returned to the commissioner by one of the following 18 methods: 19 Sec. 9. Section 53.17, subsection 2, Code 2014, is amended 20 to read as follows: 21 2. In order for the ballot to be counted, the return 22 envelope must be received in the commissioner’s office before 23 the polls close on election day or be clearly postmarked by 24 received by the commissioner through an officially authorized 25 postal service not later than 5:00 p.m. on the day before after 26 the election and received by the commissioner not later than 27 noon on the Monday following the election . 28 Sec. 10. Section 53.17, subsection 3, Code 2014, is amended 29 by striking the subsection. 30 Sec. 11. Section 53.17, subsection 4, paragraph f, Code 31 2014, is amended to read as follows: 32 f. A statement that the completed absentee ballot will 33 be delivered to the commissioner’s office within seventy-two 34 hours of retrieving it from the voter or before the closing of 35 -4- LSB 5683SV (3) 85 aw/sc 4/ 11

S.F. 2301 the polls on election day, whichever is earlier, or that the 1 completed absentee ballot will be mailed to the commissioner 2 within seventy-two hours of retrieving it from the voter or 3 within time to be postmarked not later than the day before the 4 election, whichever is earlier . 5 Sec. 12. Section 53.18, subsections 2 and 3, Code 2014, are 6 amended to read as follows: 7 2. If the commissioner receives the return envelope 8 containing the completed absentee ballot by 5:00 p.m. on the 9 Saturday before the election for general and primary elections 10 and by 5:00 p.m. on the Friday before the election for all 11 other elections, the commissioner shall review the affidavit 12 marked on the return envelope, if applicable, for completeness 13 or shall open the return envelope to review the affidavit for 14 completeness. If the affidavit is incomplete, the commissioner 15 shall, within twenty-four hours of the time the envelope was 16 received, notify the voter of that fact and that the voter 17 may complete the affidavit in person at the office of the 18 commissioner by 5:00 p.m. on the day before the election, vote 19 a replacement ballot in the manner and within the time period 20 provided in subsection 3 , or appear at the voter’s precinct 21 polling place on election day and cast a ballot in accordance 22 with section 53.19, subsection 3 . 23 3. If the affidavit envelope or the return envelope marked 24 with the affidavit contains a defect that would cause the 25 absentee ballot to be rejected by the absentee and special 26 voters precinct board, the commissioner shall immediately 27 notify the voter of that fact and that the voter’s absentee 28 ballot shall not be counted unless the voter requests 29 and returns a replacement ballot in the time permitted 30 under section 53.17, subsection 2 . The voter may request 31 a replacement ballot in person, in writing, or over the 32 telephone. The same serial number that was assigned to the 33 records of the original absentee ballot application shall be 34 used on the envelope and records of the replacement ballot. 35 -5- LSB 5683SV (3) 85 aw/sc 5/ 11

S.F. 2301 The affidavit envelope marked with the affidavit and containing 1 the completed replacement ballot shall be marked “Replacement 2 ballot”. The affidavit envelope marked with the affidavit and 3 containing the original ballot shall be marked “Defective” and 4 the replacement ballot shall be attached to the affidavit such 5 envelope containing the original ballot and shall be stored in 6 a secure place until they are delivered to the absentee and 7 special voters precinct board, notwithstanding sections 53.26 8 and 53.27 . 9 Sec. 13. Section 53.21, subsection 2, paragraph b, Code 10 2014, is amended to read as follows: 11 b. The voter shall enclose one copy of the above statement 12 in the return envelope along with the affidavit envelope , if 13 the voter was mailed a separate affidavit envelope, and shall 14 retain a copy for the voter’s records. 15 Sec. 14. Section 53.23, subsection 3, paragraph b, 16 subparagraph (1), Code 2014, is amended to read as follows: 17 (1) The commissioner may direct the board to meet on the day 18 before the election for the purpose of reviewing the absentee 19 voters’ affidavits appearing on the sealed affidavit envelopes. 20 If in the commissioner’s judgment this procedure is necessary 21 due to the number of absentee ballots received, the members of 22 the board may open the sealed affidavit envelopes and remove 23 the secrecy envelope containing the ballot, but under no 24 circumstances shall a secrecy envelope or a return envelope 25 marked with an affidavit be opened before the board convenes 26 on election day, except as provided in paragraph “c” . If the 27 affidavit envelopes are opened before election day pursuant 28 to this paragraph “b” , two observers, one appointed by each 29 of the two political parties referred to in section 49.13, 30 subsection 2 , shall witness the proceedings. The observers 31 shall be appointed by the county chairperson or, if the 32 county chairperson fails to make an appointment, by the state 33 chairperson. However, if either or both political parties fail 34 to appoint an observer, the commissioner may continue with the 35 -6- LSB 5683SV (3) 85 aw/sc 6/ 11

S.F. 2301 proceedings. 1 Sec. 15. Section 53.23, subsection 5, Code 2014, is amended 2 to read as follows: 3 5. The special precinct election board shall preserve 4 the secrecy of all absentee and provisional ballots. After 5 the affidavits on the envelopes have been reviewed and the 6 qualifications of the persons casting the ballots have been 7 determined, those that have been accepted for counting shall 8 be opened. The ballots shall be removed from the affidavit 9 envelopes or return envelopes marked with the affidavit, as 10 applicable, without being unfolded or examined, and then shall 11 be thoroughly intermingled, after which they shall be unfolded 12 and tabulated. If secrecy folders or envelopes are used with 13 provisional paper ballots, the ballots shall be removed from 14 the secrecy folders after the ballots have been intermingled. 15 Sec. 16. Section 53.25, Code 2014, is amended to read as 16 follows: 17 53.25 Rejecting ballot. 18 1. If the absentee voter’s affidavit lacks the voter’s 19 signature, if the applicant is not a duly registered voter on 20 election day in the precinct where the absentee ballot was 21 cast, if the affidavit envelope marked with the affidavit 22 contains more than one ballot of any one kind, or if the 23 voter has voted in person, such vote shall be rejected by the 24 absentee and special voters precinct board. If the affidavit 25 envelope or return envelope marked with the affidavit is 26 open, or has been opened and resealed, or if the ballot is 27 not enclosed in the affidavit such envelope, and an affidavit 28 envelope or return envelope marked with the affidavit with 29 the same serial number and marked “Replacement ballot” is 30 not attached as provided in section 53.18 , the vote shall be 31 rejected by the absentee and special voters precinct board. 32 2. If the absentee ballot is rejected prior to the opening 33 of the affidavit envelope or return envelope marked with the 34 affidavit , the voter casting the ballot shall be notified by a 35 -7- LSB 5683SV (3) 85 aw/sc 7/ 11

S.F. 2301 precinct election official by the time the canvass is completed 1 of the reason for the rejection on a form prescribed by the 2 state commissioner of elections. 3 Sec. 17. Section 53.27, Code 2014, is amended to read as 4 follows: 5 53.27 Rejection of ballot —— return of envelope. 6 If the ballot is rejected, the affidavit envelope , marked 7 with the affidavit of , with the voter endorsed voter’s 8 endorsement thereon, shall be returned with the rejected ballot 9 in the envelope endorsed “Defective ballots”. 10 Sec. 18. Section 53.30, Code 2014, is amended to read as 11 follows: 12 53.30 Ballots, ballot envelopes, and other information 13 preserved. 14 At the conclusion of each meeting of the absentee and 15 special voter’s precinct board, the board shall securely 16 seal all ballots counted by them in the manner prescribed in 17 section 50.12 . The ballot envelopes, including the affidavit 18 envelope having the registered voter’s affidavit on it if an 19 affidavit envelope was provided , the return envelope, and 20 secrecy envelope bearing the signatures of precinct election 21 officials, as required by section 53.23 , shall be preserved. 22 All applications for absentee ballots, ballots rejected without 23 being opened, absentee ballot logs, and any other documents 24 pertaining to the absentee ballot process shall be preserved 25 until such time as the documents may be destroyed pursuant to 26 section 50.19 . 27 Sec. 19. Section 53.32, Code 2014, is amended to read as 28 follows: 29 53.32 Ballot of deceased voter. 30 When it shall be made to appear by due proof to the precinct 31 election officials that any elector, who has so marked and 32 forwarded a ballot, has died before the affidavit envelope 33 marked with the affidavit is opened, then the ballot of such 34 deceased voter shall be endorsed, “Rejected because voter is 35 -8- LSB 5683SV (3) 85 aw/sc 8/ 11

S.F. 2301 dead”, and be returned to the commissioner ; but the . The 1 casting of the ballot of a deceased voter shall not invalidate 2 the election. 3 Sec. 20. Section 53.38, Code 2014, is amended to read as 4 follows: 5 53.38 What constitutes registration. 6 Whenever a ballot is requested pursuant to section 53.39 or 7 53.45 on behalf of a voter in the armed forces of the United 8 States, the affidavit upon the affidavit envelope marked 9 with the affidavit of such voter, if the voter is found to 10 be an eligible elector of the county to which the ballot is 11 submitted, shall constitute a sufficient registration under 12 chapter 48A . A completed federal postcard registration and 13 federal absentee ballot request form submitted by such eligible 14 elector shall also constitute a sufficient registration under 15 chapter 48A . The commissioner shall place the voter’s name 16 on the registration record as a registered voter if it does 17 not already appear there. The identification requirements of 18 section 48A.8 and the verification requirements of section 19 48A.25A do not apply to persons who register to vote under this 20 division . 21 Sec. 21. Section 53.40, subsection 3, Code 2014, is amended 22 to read as follows: 23 3. If the affidavit on the affidavit envelope marked 24 with the affidavit shows that the affiant is not a qualified 25 voter on the day of the election at which the ballot is 26 offered for voting, the envelope shall not be opened, but 27 the envelope and ballot contained in the envelope shall be 28 preserved and returned by the precinct election officials to 29 the commissioner, who shall preserve them for the period of 30 time and under the conditions provided for in sections 50.12 , 31 50.13 , 50.15 , and 50.19 . 32 Sec. 22. Section 53.44, Code 2014, is amended to read as 33 follows: 34 53.44 Affidavit to be signed and returned. 35 -9- LSB 5683SV (3) 85 aw/sc 9/ 11

S.F. 2301 1. The affidavit on the affidavit envelope marked with the 1 affidavit used in connection with voting by absentee ballot 2 under this division by members of the armed forces of the 3 United States need not be notarized or witnessed, but the 4 affidavit on such envelope shall be completed and signed by the 5 voter. 6 2. Absentee ballots issued under this division shall be 7 returned in the same manner and within the same time limits 8 specified in section 53.17 , except that in order for an 9 absentee ballot under this division to be counted, it must be 10 received by the commissioner not later than noon on the Monday 11 following the election . 12 Sec. 23. REPEAL. Sections 53.13 and 53.14, Code 2014, are 13 repealed. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the administration of elections and 18 voter registration. 19 Under current law, voter registration closes at 5:00 p.m. 20 10 days prior to a general or primary election and 11 days 21 prior to all other elections. The bill requires that voter 22 registration close 11 days prior to primary elections. 23 Relating to completed absentee ballots mailed to the 24 commissioner, the bill provides that in order for an absentee 25 ballot to be counted, the return envelope must be received 26 in the commissioner’s office by 5:00 p.m. on the day after 27 the election. Under current law, in order to be counted, 28 the absentee ballot must be received before the polls close 29 on election day or must be postmarked not later than the day 30 before the election and received by the county commissioner 31 of elections no later than 12:00 p.m. on the Monday following 32 that election. The bill does, however, maintain the 12:00 33 p.m. Monday deadline for the receipt of ballots from certain 34 military and overseas voters. 35 -10- LSB 5683SV (3) 85 aw/sc 10/ 11

S.F. 2301 Relating to the envelopes provided to absentee voters, under 1 current law, absentee ballots mailed to a voter are required 2 to be enclosed in an unsealed envelope bearing a serial number 3 and an affidavit, which are then required to be enclosed in or 4 with a return envelope, all of which are then required to be 5 enclosed in a third envelope to be sent to the registered voter 6 requesting an absentee ballot. 7 The bill allows for an affidavit to be marked on the return 8 envelope. If a return envelope marked with the affidavit 9 is used, absentee ballots mailed to a voter are required to 10 be enclosed in the unsealed return envelope marked with the 11 affidavit which is required to be enclosed in a second envelope 12 to be sent to the registered voter requesting an absentee 13 ballot. The bill allows a county commissioner of elections to 14 continue sending absentee ballots as provided under current law 15 or to send absentee ballots utilizing a return envelope marked 16 with the affidavit. The bill makes additional conforming 17 changes. 18 The bill also repeals Code section 53.14 which requires that 19 the affidavit designate the voter’s party affiliation if the 20 ballot enclosed is a primary election ballot. 21 -11- LSB 5683SV (3) 85 aw/sc 11/ 11