H.F. 608 Section 1. Section 53.17, subsection 1, paragraph b, Code 1 2019, is amended to read as follows: 2 b. The sealed return envelope may be mailed to the 3 commissioner by the registered voter or by the voter’s 4 designee. If mailed by the voter’s designee, the envelope 5 must be mailed within seventy-two hours of retrieving it from 6 the voter or within time to be postmarked or, if applicable, 7 to have the intelligent mail postal service barcode traced to 8 a date of entry into the federal mail system not later than 9 the day before the election, as provided in section 53.17A, 10 whichever is earlier. 11 Sec. 2. Section 53.17, subsection 2, Code 2019, is amended 12 to read as follows: 13 2. In order for the ballot to be counted, the return 14 envelope must be received in the commissioner’s office before 15 the polls close on election day or be clearly postmarked by an 16 officially authorized postal service or bear an intelligent 17 mail a postal service barcode traceable to a date of entry 18 into the federal mail system not later than the day before the 19 election , as provided in section 53.17A, and received by the 20 commissioner not later than noon on the Monday following the 21 election. 22 Sec. 3. Section 53.17, subsection 4, paragraph f, Code 2019, 23 is amended to read as follows: 24 f. A statement that the completed absentee ballot will 25 be delivered to the commissioner’s office within seventy-two 26 hours of retrieving it from the voter or before the closing of 27 the polls on election day, whichever is earlier, or that the 28 completed absentee ballot will be mailed to the commissioner 29 within seventy-two hours of retrieving it from the voter or 30 within time to be postmarked or, if applicable, to have the 31 intelligent mail postal service barcode traced to a date of 32 entry into the federal mail system not later than the day 33 before the election, as provided in section 53.17A, whichever 34 is earlier. 35 -1- LSB 2429YH (12) 88 ss/jh 1/ 5

H.F. 608 Sec. 4. NEW SECTION . 53.17A Absentee ballot tracking. 1 1. For the purposes of this chapter: 2 a. “Postal service barcode” means a barcode purchased by the 3 sender and supplied by the United States postal service that is 4 used to sort and track letters and flat packages and is printed 5 on an absentee ballot return envelope at the direction of the 6 commissioner before the envelope is sent to the voter. 7 b. “Tracking information database” means a database 8 administered by the United States postal service that is 9 accessible to the commissioner and contains information 10 regarding letters or flat packages. 11 2. a. Prior to implementing for the first time, 12 discontinuing the usage of, or reimplementing the usage 13 of a postal service barcode and tracking information, the 14 commissioner shall send notice to the state commissioner prior 15 to October 1, 2020, for an election taking place in 2020 after 16 that date, and by October 1 of each year thereafter. 17 b. The commissioner shall not implement or discontinue 18 the use of a postal service barcode or tracking information 19 database during an election after an absentee ballot has been 20 mailed for that election pursuant to section 53.8. 21 c. The state commissioner shall adopt rules regarding 22 the statewide implementation of a postal service barcode and 23 tracking information database, including procedures to be 24 followed when usage of a postal service barcode or the tracking 25 information database is negatively impacted. 26 3. a. An absentee ballot received after the polls close 27 on election day but prior to the official canvass shall be 28 counted if the commissioner determines that the ballot entered 29 the federal mail system by the deadline specified in section 30 53.17 or 53.22. The date of entry of such an absentee ballot 31 into the federal mail system shall only be verified as provided 32 in paragraph “b” . 33 b. (1) If the postmark indicates that the absentee ballot 34 entered the federal mail system by the deadline specified 35 -2- LSB 2429YH (12) 88 ss/jh 2/ 5

H.F. 608 in section 53.17 or 53.22, the ballot shall be included for 1 canvass by the absentee and special voters precinct board. 2 (2) If the postmark is illegible, missing, or dated on or 3 after election day, the commissioner shall attempt to verify 4 the ballot’s date of entry into the federal mail system by 5 querying the postal service barcode in the tracking information 6 database. If the tracking information database indicates that 7 the absentee ballot entered the federal mail system by the 8 deadline specified in section 53.17 or 53.22, the ballot shall 9 be included for canvass by the absentee and special voters 10 precinct board. The commissioner shall provide a report to 11 the absentee and special voters precinct board regarding the 12 information available in the tracking information database. 13 (3) If there is a discrepancy between the date indicated by 14 the postmark and the postal service barcode, the earlier of the 15 two shall determine the date of entry of the absentee ballot 16 into the federal mail system. 17 (4) (a) If neither the postmark nor the postal service 18 barcode indicates that the absentee ballot entered the federal 19 mail system by the deadline specified in section 53.17 or 20 53.22, the absentee ballot shall be sent to the absentee 21 and special voters precinct board pursuant to subparagraph 22 division (b) with the numeric value assigned to the postal 23 service barcode and a full report from the tracking information 24 database. 25 (b) An absentee and special voters precinct board member 26 from each political party for partisan elections, or any 27 two members of the board for nonpartisan elections, shall 28 review the postal service barcode and tracking database 29 information report of each absentee ballot submitted pursuant 30 to subparagraph division (a) and certify that the tracking 31 information database report corresponds to the absentee ballot 32 by initialing the report and the absentee ballot envelope. 33 If the board concludes that the postal service barcode and 34 tracking information database report verify that the absentee 35 -3- LSB 2429YH (12) 88 ss/jh 3/ 5

H.F. 608 ballot entered the federal mail system by the deadline 1 specified in section 53.17 or 53.22, the ballot shall be 2 counted. Otherwise, the ballot shall not be counted. 3 4. The commissioner shall file a report regarding absentee 4 ballot tracking and counting for each general election no later 5 than December 1 following each general election. The report 6 shall be in a form prescribed by the state commissioner. 7 Sec. 5. Section 53.22, subsection 6, paragraph b, Code 2019, 8 is amended to read as follows: 9 b. Absentee ballots voted under this subsection shall be 10 delivered to the commissioner no later than the time the polls 11 are closed on election day. If the ballot is returned by mail 12 the return envelope must be received by the time the polls 13 close, or be clearly postmarked by an officially authorized 14 postal service or bear an intelligent mail a postal service 15 barcode traceable to a date of entry into the federal mail 16 system not later than the day before the election , as provided 17 in section 53.17A, and received by the commissioner no later 18 than the time established for the canvass by the board of 19 supervisors for that election. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill creates a system for the tracking and counting of 24 mailed absentee ballots. The bill allows a county commissioner 25 of elections to implement a system for the tracking and 26 counting of absentee ballots utilizing a postal service barcode 27 printed on absentee ballot envelopes by the commissioner 28 and a tracking information database containing the tracking 29 information for absentee ballots. The commissioner must send 30 notice to the state commissioner of elections by October 1 31 prior to using such a system for the first time, discontinuing 32 such a system, or reimplements such a system. 33 The bill provides that a mailed absentee ballot that arrives 34 after the polls close on election day shall only be counted 35 -4- LSB 2429YH (12) 88 ss/jh 4/ 5

H.F. 608 after it is verified that the ballot entered the federal mail 1 system by the day before election day. If the postmark or 2 postal service barcode indicates that the ballot entered the 3 federal mail system by the day before election day, the ballot 4 shall be included for canvass by the absentee and special 5 voters precinct board. If there is a discrepancy between the 6 date indicated by the postmark and the postal service barcode, 7 the earlier date shall be used to determine the date the ballot 8 entered the federal mail system. If the commissioner uses a 9 postal service barcode to verify the date of entry of a ballot 10 into the federal mail system, the commissioner shall send a 11 report detailing the information in the tracking information 12 database to the absentee and special voters precinct board. 13 If neither the postmark nor the postal service barcode 14 indicates that the ballot entered the federal mail system by 15 the deadline, the ballot shall be sent to the absentee and 16 special voters precinct board with the numeric value assigned 17 to the postal service barcode and a report from the tracking 18 information database. A member of the board for each party, 19 or, for nonpartisan elections, any two members of the board, 20 shall examine the barcode and tracking information and verify 21 that they correspond to the absentee ballot. If the board 22 concludes that the postal service barcode and the report from 23 the tracking information database indicate that the absentee 24 ballot entered the federal mail system by the deadline, the 25 ballot shall be counted. Otherwise, the ballot shall not be 26 counted. 27 The bill requires each commissioner to file a report 28 regarding absentee ballot tracking and counting for each 29 general election no later than December 1 following each 30 general election in a form prescribed by the state commissioner 31 of elections. 32 -5- LSB 2429YH (12) 88 ss/jh 5/ 5