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 TLSB 2313SC (1) 85 aw/sc
S.F. _____ 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 35 -1- LSB 2313SC (1) 85 aw/sc 1/ 9
S.F. _____ 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 35 -2- LSB 2313SC (1) 85 aw/sc 2/ 9
S.F. _____ 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 35 -3- LSB 2313SC (1) 85 aw/sc 3/ 9
S.F. _____ 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 35 -4- LSB 2313SC (1) 85 aw/sc 4/ 9
S.F. _____ 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 35 -5- LSB 2313SC (1) 85 aw/sc 5/ 9
S.F. _____ 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 35 -6- LSB 2313SC (1) 85 aw/sc 6/ 9
S.F. _____ 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 35 -7- LSB 2313SC (1) 85 aw/sc 7/ 9
S.F. _____ 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. 35 -8- LSB 2313SC (1) 85 aw/sc 8/ 9
S.F. _____ 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. 3 -9- LSB 2313SC (1) 85 aw/sc 9/ 9