SF 35 (LSB 1735XS (1) 88)

SENATE FILE 35

BY  DANIELSON

A BILL FOR

An Act relating to the counting of absentee ballots and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 53.17, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  The sealed return envelope may be mailed to the commissioner by the registered voter or by the voter’s designee. If mailed by the voter’s designee, the envelope must be mailed within seventy-two hours of retrieving it from the voter or within time to be postmarked or, if applicable, to have the intelligent mail barcode or other means of tracking traced to a date of entry into the federal mail system not later than the day before the election, whichever is earlier.
    Sec. 2.  Section 53.17, subsection 2, Code 2019, is amended to read as follows:
   2.  In order for the ballot to be counted, the return envelope must be received in the commissioner’s office before the polls close on election day or be clearly postmarked by an officially authorized postal service or bear an intelligent mail a barcode or other means of tracking traceable to a date of entry into the federal mail system not later than the day before the election and received by the commissioner not later than noon on the Monday following the election.
    Sec. 3.  Section 53.17, subsection 4, paragraph f, Code 2019, is amended to read as follows:
   f.  A statement that the completed absentee ballot will be delivered to the commissioner’s office within seventy-two hours of retrieving it from the voter or before the closing of the polls on election day, whichever is earlier, or that the completed absentee ballot will be mailed to the commissioner within seventy-two hours of retrieving it from the voter or within time to be postmarked or, if applicable, to have the intelligent mail barcode or other means of tracking traced to a date of entry into the federal mail system not later than the day before the election, whichever is earlier.
    Sec. 4.  Section 53.22, subsection 6, paragraph b, Code 2019, is amended to read as follows:
   b.  Absentee ballots voted under this subsection shall be delivered to the commissioner no later than the time the polls are closed on election day. If the ballot is returned by mail the return envelope must be received by the time the polls close, or be clearly postmarked by an officially authorized postal service or bear an intelligent mail a barcode or other means of tracking traceable to a date of entry into the federal mail system not later than the day before the election and received by the commissioner no later than the time established for the canvass by the board of supervisors for that election.
    Sec. 5.  APPLICABILITY.  This Act applies to all elections taking place on or after July 1, 2019.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the counting of absentee ballots. The bill requires county commissioners of elections to count all mailed absentee ballots received by noon on the Monday following election day that include a barcode or other means of tracking that confirms that the ballot was mailed by the day before election day. The bill applies to all elections taking place on or after July 1, 2019.