Senate
Study
Bill
1235
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
envelopes
provided
to
absentee
voters.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
50.20,
Code
2013,
is
amended
to
read
as
1
follows:
2
50.20
Notice
of
number
of
provisional
ballots.
3
The
commissioner
shall
compile
a
list
of
the
number
of
4
provisional
ballots
cast
under
section
49.81
in
each
precinct.
5
The
list
shall
be
made
available
to
the
public
as
soon
as
6
possible,
but
in
no
case
later
than
nine
o’clock
9:00
a.m.
on
7
the
second
day
following
the
election.
Any
elector
may
examine
8
the
list
during
normal
office
hours,
and
may
also
examine
the
9
affidavit
affidavits
on
the
envelopes
bearing
containing
the
10
ballots
of
challenged
electors
until
the
reconvening
of
the
11
special
precinct
board
as
required
by
this
chapter
.
Only
those
12
persons
so
permitted
by
section
53.23,
subsection
4
,
shall
have
13
access
to
the
affidavits
while
that
board
is
in
session.
Any
14
elector
may
present
written
statements
or
documents,
supporting
15
or
opposing
the
counting
of
any
provisional
ballot,
at
the
16
commissioner’s
office
until
the
reconvening
of
the
special
17
precinct
board.
18
Sec.
2.
Section
53.8,
subsection
1,
Code
2013,
is
amended
19
to
read
as
follows:
20
1.
a.
Upon
receipt
of
an
application
for
an
absentee
ballot
21
and
immediately
after
the
absentee
ballots
are
printed,
the
22
commissioner
shall
mail
an
absentee
ballot
to
the
applicant
23
within
twenty-four
hours,
except
as
otherwise
provided
in
24
subsection
3
.
The
absentee
ballot
shall
be
sent
to
the
25
registered
voter
by
one
of
the
following
methods:
26
(1)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
27
envelope
bearing
imprinted
with
a
serial
number
and
affidavit.
28
The
absentee
ballot
and
unsealed
affidavit
envelope
shall
29
be
enclosed
in
or
with
a
an
unsealed
return
envelope
marked
30
postage
paid
which
bears
the
same
serial
number
as
the
unsealed
31
affidavit
envelope.
The
absentee
ballot,
unsealed
affidavit
32
envelope,
and
return
envelope
shall
be
enclosed
in
a
third
33
envelope
to
be
sent
to
the
registered
voter.
If
the
ballot
34
cannot
be
folded
so
that
all
of
the
votes
cast
on
the
ballot
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will
be
hidden,
the
commissioner
shall
also
enclose
a
secrecy
1
envelope
with
the
absentee
ballot.
2
(2)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
3
return
envelope
imprinted
with
a
serial
number
and
affidavit
4
and
marked
postage
paid.
The
absentee
ballot
and
return
5
envelope
shall
be
enclosed
in
a
second
envelope
to
be
sent
6
to
the
registered
voter.
If
the
ballot
cannot
be
folded
so
7
that
all
of
the
votes
cast
on
the
ballot
will
be
hidden,
the
8
commissioner
shall
also
enclose
a
secrecy
envelope
with
the
9
absentee
ballot.
10
b.
The
affidavit
shall
be
imprinted
on
the
appropriate
11
envelope
in
a
form
prescribed
by
the
state
commissioner
of
12
elections.
13
Sec.
3.
Section
53.10,
subsection
2,
Code
2013,
is
amended
14
to
read
as
follows:
15
2.
Each
person
who
wishes
to
vote
by
absentee
ballot
at
16
the
commissioner’s
office
shall
first
sign
an
application
for
17
a
ballot
including
the
following
information:
name,
current
18
address,
and
the
election
for
which
the
ballot
is
requested.
19
The
person
may
report
a
change
of
address
or
other
information
20
on
the
person’s
voter
registration
record
at
that
time.
The
21
registered
voter
shall
immediately
mark
the
ballot;
enclose
22
the
ballot
in
a
secrecy
envelope,
if
necessary,
and
seal
it
23
in
an
affidavit
the
envelope
imprinted
with
the
affidavit
;
24
subscribe
to
the
affidavit
on
the
reverse
side
of
the
envelope;
25
and
return
the
absentee
ballot
to
the
commissioner.
The
26
commissioner
shall
record
the
numbers
appearing
on
the
27
application
and
affidavit
envelope
along
with
the
name
of
the
28
registered
voter.
29
Sec.
4.
Section
53.16,
Code
2013,
is
amended
to
read
as
30
follows:
31
53.16
Subscribing
to
affidavit.
32
After
marking
the
ballot,
the
voter
shall
make
and
subscribe
33
to
the
affidavit
on
the
reverse
side
of
the
affidavit
envelope
34
or
on
the
return
envelope
imprinted
with
the
affidavit
,
and
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fold
the
ballot
or
ballots,
separately,
so
as
to
conceal
1
the
markings
on
them,
and
deposit
them
in
the
envelope,
and
2
securely
seal
the
envelope.
3
Sec.
5.
Section
53.17,
subsection
1,
unnumbered
paragraph
4
1,
Code
2013,
is
amended
to
read
as
follows:
5
The
If
the
commissioner
mailed
the
ballot
pursuant
to
6
section
53.8,
subsection
1,
paragraph
“a”
,
the
sealed
affidavit
7
envelope
containing
the
absentee
ballot
shall
be
enclosed
in
8
a
return
envelope
which
shall
be
securely
sealed.
If
the
9
commissioner
mailed
the
ballot
pursuant
to
section
53.8,
10
subsection
1,
paragraph
“b”
,
the
absentee
ballot
shall
be
11
enclosed
in
the
return
envelope
which
shall
be
securely
12
sealed.
The
sealed
return
envelope
shall
be
returned
to
the
13
commissioner
by
one
of
the
following
methods:
14
Sec.
6.
Section
53.18,
subsections
2
and
3,
Code
2013,
are
15
amended
to
read
as
follows:
16
2.
If
the
commissioner
receives
the
return
envelope
17
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
18
the
Saturday
before
the
election
for
general
and
primary
19
elections
and
by
5:00
p.m.
on
the
Friday
before
the
election
20
for
all
other
elections,
the
commissioner
shall
review
the
21
affidavit
imprinted
on
the
return
envelope,
if
applicable,
for
22
completeness
or
shall
open
the
return
envelope
to
review
the
23
affidavit
for
completeness.
If
the
affidavit
is
incomplete,
24
the
commissioner
shall,
within
twenty-four
hours
of
the
time
25
the
envelope
was
received,
notify
the
voter
of
that
fact
and
26
that
the
voter
may
complete
the
affidavit
in
person
at
the
27
office
of
the
commissioner
by
5:00
p.m.
on
the
day
before
the
28
election,
vote
a
replacement
ballot
in
the
manner
and
within
29
the
time
period
provided
in
subsection
3
,
or
appear
at
the
30
voter’s
precinct
polling
place
on
election
day
and
cast
a
31
ballot
in
accordance
with
section
53.19,
subsection
3
.
32
3.
If
the
affidavit
envelope
or
the
return
envelope
33
imprinted
with
the
affidavit
contains
a
defect
that
would
34
cause
the
absentee
ballot
to
be
rejected
by
the
absentee
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and
special
voters
precinct
board,
the
commissioner
shall
1
immediately
notify
the
voter
of
that
fact
and
that
the
2
voter’s
absentee
ballot
shall
not
be
counted
unless
the
3
voter
requests
and
returns
a
replacement
ballot
in
the
time
4
permitted
under
section
53.17,
subsection
2
.
The
voter
may
5
request
a
replacement
ballot
in
person,
in
writing,
or
over
6
the
telephone.
The
same
serial
number
that
was
assigned
7
to
the
records
of
the
original
absentee
ballot
application
8
shall
be
used
on
the
envelope
and
records
of
the
replacement
9
ballot.
The
affidavit
envelope
imprinted
with
the
affidavit
10
and
containing
the
completed
replacement
ballot
shall
be
11
marked
“Replacement
ballot”.
The
affidavit
envelope
imprinted
12
with
the
affidavit
and
containing
the
original
ballot
shall
13
be
marked
“Defective”
and
the
replacement
ballot
shall
be
14
attached
to
the
affidavit
such
envelope
containing
the
original
15
ballot
and
shall
be
stored
in
a
secure
place
until
they
are
16
delivered
to
the
absentee
and
special
voters
precinct
board,
17
notwithstanding
sections
53.26
and
53.27
.
18
Sec.
7.
Section
53.21,
subsection
2,
paragraph
b,
Code
2013,
19
is
amended
to
read
as
follows:
20
b.
The
voter
shall
enclose
one
copy
of
the
above
statement
21
in
the
return
envelope
along
with
the
affidavit
envelope
,
if
22
the
voter
was
mailed
a
separate
affidavit
envelope,
and
shall
23
retain
a
copy
for
the
voter’s
records.
24
Sec.
8.
Section
53.23,
subsection
3,
paragraph
b,
25
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
26
(1)
The
commissioner
may
direct
the
board
to
meet
on
the
day
27
before
the
election
for
the
purpose
of
reviewing
the
absentee
28
voters’
affidavits
appearing
on
the
sealed
affidavit
envelopes.
29
If
in
the
commissioner’s
judgment
this
procedure
is
necessary
30
due
to
the
number
of
absentee
ballots
received,
the
members
of
31
the
board
may
open
the
sealed
affidavit
envelopes
and
remove
32
the
secrecy
envelope
containing
the
ballot,
but
under
no
33
circumstances
shall
a
secrecy
envelope
or
a
return
envelope
34
imprinted
with
an
affidavit
be
opened
before
the
board
convenes
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on
election
day,
except
as
provided
in
paragraph
“c”
.
If
the
1
affidavit
envelopes
are
opened
before
election
day
pursuant
2
to
this
paragraph
“b”
,
two
observers,
one
appointed
by
each
3
of
the
two
political
parties
referred
to
in
section
49.13,
4
subsection
2
,
shall
witness
the
proceedings.
The
observers
5
shall
be
appointed
by
the
county
chairperson
or,
if
the
6
county
chairperson
fails
to
make
an
appointment,
by
the
state
7
chairperson.
However,
if
either
or
both
political
parties
fail
8
to
appoint
an
observer,
the
commissioner
may
continue
with
the
9
proceedings.
10
Sec.
9.
Section
53.23,
subsection
5,
Code
2013,
is
amended
11
to
read
as
follows:
12
5.
The
special
precinct
election
board
shall
preserve
13
the
secrecy
of
all
absentee
and
provisional
ballots.
After
14
the
affidavits
on
the
envelopes
have
been
reviewed
and
the
15
qualifications
of
the
persons
casting
the
ballots
have
been
16
determined,
those
that
have
been
accepted
for
counting
shall
17
be
opened.
The
ballots
shall
be
removed
from
the
affidavit
18
envelopes
or
return
envelopes
imprinted
with
the
affidavit,
as
19
applicable,
without
being
unfolded
or
examined,
and
then
shall
20
be
thoroughly
intermingled,
after
which
they
shall
be
unfolded
21
and
tabulated.
If
secrecy
folders
or
envelopes
are
used
with
22
provisional
paper
ballots,
the
ballots
shall
be
removed
from
23
the
secrecy
folders
after
the
ballots
have
been
intermingled.
24
Sec.
10.
Section
53.25,
Code
2013,
is
amended
to
read
as
25
follows:
26
53.25
Rejecting
ballot.
27
1.
If
the
absentee
voter’s
affidavit
lacks
the
voter’s
28
signature,
if
the
applicant
is
not
a
duly
registered
voter
on
29
election
day
in
the
precinct
where
the
absentee
ballot
was
30
cast,
if
the
affidavit
envelope
imprinted
with
the
affidavit
31
contains
more
than
one
ballot
of
any
one
kind,
or
if
the
32
voter
has
voted
in
person,
such
vote
shall
be
rejected
by
the
33
absentee
and
special
voters
precinct
board.
If
the
affidavit
34
envelope
or
return
envelope
imprinted
with
the
affidavit
is
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open,
or
has
been
opened
and
resealed,
or
if
the
ballot
is
1
not
enclosed
in
the
affidavit
such
envelope,
and
an
affidavit
2
envelope
or
return
envelope
imprinted
with
the
affidavit
with
3
the
same
serial
number
and
marked
“Replacement
ballot”
is
4
not
attached
as
provided
in
section
53.18
,
the
vote
shall
be
5
rejected
by
the
absentee
and
special
voters
precinct
board.
6
2.
If
the
absentee
ballot
is
rejected
prior
to
the
opening
7
of
the
affidavit
envelope
or
return
envelope
imprinted
with
the
8
affidavit
,
the
voter
casting
the
ballot
shall
be
notified
by
a
9
precinct
election
official
by
the
time
the
canvass
is
completed
10
of
the
reason
for
the
rejection
on
a
form
prescribed
by
the
11
state
commissioner
of
elections.
12
Sec.
11.
Section
53.27,
Code
2013,
is
amended
to
read
as
13
follows:
14
53.27
Rejection
of
ballot
——
return
of
envelope.
15
If
the
ballot
is
rejected,
the
affidavit
envelope
,
imprinted
16
with
the
affidavit
of
,
with
the
voter
endorsed
voter’s
17
endorsement
thereon,
shall
be
returned
with
the
rejected
ballot
18
in
the
envelope
endorsed
“Defective
ballots”.
19
Sec.
12.
Section
53.30,
Code
2013,
is
amended
to
read
as
20
follows:
21
53.30
Ballots,
ballot
envelopes,
and
other
information
22
preserved.
23
At
the
conclusion
of
each
meeting
of
the
absentee
and
24
special
voter’s
precinct
board,
the
board
shall
securely
25
seal
all
ballots
counted
by
them
in
the
manner
prescribed
in
26
section
50.12
.
The
ballot
envelopes,
including
the
affidavit
27
envelope
having
the
registered
voter’s
affidavit
on
it
,
if
28
an
affidavit
envelope
was
provided,
the
return
envelope,
and
29
secrecy
envelope
bearing
the
signatures
of
precinct
election
30
officials,
as
required
by
section
53.23
,
shall
be
preserved.
31
All
applications
for
absentee
ballots,
ballots
rejected
without
32
being
opened,
absentee
ballot
logs,
and
any
other
documents
33
pertaining
to
the
absentee
ballot
process
shall
be
preserved
34
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
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section
50.19
.
1
Sec.
13.
Section
53.32,
Code
2013,
is
amended
to
read
as
2
follows:
3
53.32
Ballot
of
deceased
voter.
4
When
it
shall
be
made
to
appear
by
due
proof
to
the
precinct
5
election
officials
that
any
elector,
who
has
so
marked
and
6
forwarded
a
ballot,
has
died
before
the
affidavit
envelope
7
imprinted
with
the
affidavit
is
opened,
then
the
ballot
of
such
8
deceased
voter
shall
be
endorsed,
“Rejected
because
voter
is
9
dead”,
and
be
returned
to
the
commissioner;
but
the
casting
10
of
the
ballot
of
a
deceased
voter
shall
not
invalidate
the
11
election.
12
Sec.
14.
Section
53.38,
Code
2013,
is
amended
to
read
as
13
follows:
14
53.38
What
constitutes
registration.
15
Whenever
a
ballot
is
requested
pursuant
to
section
53.39
or
16
53.45
on
behalf
of
a
voter
in
the
armed
forces
of
the
United
17
States,
the
affidavit
upon
the
affidavit
envelope
imprinted
18
with
the
affidavit
of
such
voter,
if
the
voter
is
found
to
19
be
an
eligible
elector
of
the
county
to
which
the
ballot
is
20
submitted,
shall
constitute
a
sufficient
registration
under
21
chapter
48A
.
A
completed
federal
postcard
registration
and
22
federal
absentee
ballot
request
form
submitted
by
such
eligible
23
elector
shall
also
constitute
a
sufficient
registration
under
24
chapter
48A
.
The
commissioner
shall
place
the
voter’s
name
25
on
the
registration
record
as
a
registered
voter
if
it
does
26
not
already
appear
there.
The
identification
requirements
of
27
section
48A.8
and
the
verification
requirements
of
section
28
48A.25A
do
not
apply
to
persons
who
register
to
vote
under
this
29
division
.
30
Sec.
15.
Section
53.40,
subsection
3,
Code
2013,
is
amended
31
to
read
as
follows:
32
3.
If
the
affidavit
on
the
affidavit
envelope
imprinted
33
with
the
affidavit
shows
that
the
affiant
is
not
a
qualified
34
voter
on
the
day
of
the
election
at
which
the
ballot
is
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offered
for
voting,
the
envelope
shall
not
be
opened,
but
1
the
envelope
and
ballot
contained
in
the
envelope
shall
be
2
preserved
and
returned
by
the
precinct
election
officials
to
3
the
commissioner,
who
shall
preserve
them
for
the
period
of
4
time
and
under
the
conditions
provided
for
in
sections
50.12
,
5
50.13
,
50.15
,
and
50.19
.
6
Sec.
16.
Section
53.44,
unnumbered
paragraph
1,
Code
2013,
7
is
amended
to
read
as
follows:
8
The
affidavit
on
the
affidavit
envelope
imprinted
with
the
9
affidavit
used
in
connection
with
voting
by
absentee
ballot
10
under
this
division
by
members
of
the
armed
forces
of
the
11
United
States
need
not
be
notarized
or
witnessed,
but
the
12
affidavit
on
such
envelope
shall
be
completed
and
signed
by
the
13
voter.
14
Sec.
17.
REPEAL.
Sections
53.13
and
53.14,
Code
2013,
are
15
repealed.
16
EXPLANATION
17
This
bill
relates
to
envelopes
provided
to
absentee
voters.
18
Under
current
law,
absentee
ballots
mailed
to
a
voter
are
19
required
to
be
enclosed
in
an
unsealed
envelope
bearing
a
20
serial
number
and
an
affidavit,
which
are
then
required
to
be
21
enclosed
in
or
with
a
return
envelope,
all
of
which
are
then
22
required
to
be
enclosed
in
a
third
envelope
to
be
sent
to
the
23
registered
voter
requesting
an
absentee
ballot.
24
The
bill
allows
for
an
affidavit
to
be
imprinted
on
the
25
return
envelope.
If
a
return
envelope
imprinted
with
the
26
affidavit
is
used,
absentee
ballots
mailed
to
a
voter
are
27
required
to
be
enclosed
in
the
unsealed
return
envelope
28
imprinted
with
the
affidavit
which
is
required
to
be
enclosed
29
in
a
second
envelope
to
be
sent
to
the
registered
voter
30
requesting
an
absentee
ballot.
The
bill
allows
a
county
31
commissioner
of
elections
to
continue
sending
absentee
ballots
32
as
provided
under
current
law
or
to
send
absentee
ballots
33
utilizing
a
return
envelope
imprinted
with
the
affidavit.
The
34
bill
makes
additional
conforming
changes.
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The
bill
also
repeals
Code
section
53.14
which
requires
that
1
the
printed
affidavit
designate
the
voter’s
party
affiliation
2
if
the
ballot
enclosed
is
a
primary
election
ballot.
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