House
File
2075
-
Introduced
HOUSE
FILE
2075
BY
STAED
A
BILL
FOR
An
Act
relating
to
the
electronic
delivery
and
return
of
1
ballots
for
persons
with
certain
physical
disabilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
53.2,
subsection
1,
Code
2022,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
A
registered
voter
with
a
physical
3
disability
that
prevents
the
registered
voter
from
reading
or
4
marking
a
printed
ballot
without
assistance
from
another
person
5
may
request
an
absentee
ballot
electronically.
The
state
6
commissioner
shall
adopt
rules
to
implement
this
paragraph.
7
Sec.
2.
Section
53.2,
subsection
2,
Code
2022,
is
amended
by
8
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
e.
Absentee
ballot
applications
shall
10
include
a
space
for
a
registered
voter
with
a
physical
11
disability
that
prevents
the
registered
voter
from
reading
12
or
marking
a
printed
ballot
without
assistance
from
another
13
person
to
request
that
an
absentee
ballot
be
delivered
to
the
14
registered
voter
electronically.
A
voter
requesting
that
an
15
absentee
ballot
be
delivered
electronically
shall
explain
16
why
the
voter
cannot
read
or
mark
a
physical
absentee
ballot
17
without
assistance
from
another
person.
The
state
commissioner
18
shall
adopt
rules
regarding
the
form
of
electronic
absentee
19
ballots.
20
Sec.
3.
Section
53.8,
subsection
1,
paragraph
a,
unnumbered
21
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
22
Upon
receipt
of
an
application
for
an
absentee
ballot
and
23
immediately
after
the
absentee
ballots
are
printed,
but
not
24
more
than
twenty
days
before
the
election,
the
commissioner
25
shall
mail
an
absentee
ballot
to
the
applicant
within
26
twenty-four
hours,
except
as
otherwise
provided
in
subsection
27
3
or
5
.
The
absentee
ballot
shall
be
sent
to
the
registered
28
voter
by
one
of
the
following
methods:
29
Sec.
4.
Section
53.8,
subsection
3,
paragraph
c,
Code
2022,
30
is
amended
to
read
as
follows:
31
c.
Nothing
in
this
subsection
nor
in
section
53.22
32
shall
be
construed
to
prohibit
a
registered
voter
who
is
a
33
hospital
patient
or
resident
of
a
health
care
facility,
or
who
34
anticipates
entering
a
hospital
or
health
care
facility
before
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the
date
of
a
forthcoming
election,
from
casting
an
absentee
1
ballot
in
the
manner
prescribed
by
section
53.10
or
53.11
,
or
2
from
completing
an
electronic
absentee
ballot
in
the
manner
3
prescribed
by
subsection
5
.
4
Sec.
5.
Section
53.8,
Code
2022,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
5.
a.
(1)
When
an
application
for
an
7
absentee
ballot
is
received
by
the
commissioner
from
a
voter
8
who
has
indicated
that
the
voter
has
a
physical
disability
that
9
prevents
the
voter
from
reading
or
marking
a
printed
ballot
10
without
assistance
from
another
person,
the
commissioner
shall
11
determine
whether
the
voter
qualifies
to
receive
an
electronic
12
absentee
ballot.
If
the
commissioner
determines
that
the
13
voter
qualifies
to
receive
an
electronic
absentee
ballot,
the
14
commissioner
shall
transmit
an
electronic
absentee
ballot
to
15
the
voter
in
a
form
that
allows
the
voter
to
electronically
16
read
and
mark
the
ballot
on
a
personal
computer
without
the
17
assistance
of
another
person.
An
electronic
absentee
ballot
18
shall
not
be
transmitted
prior
to
the
mailing
of
physical
19
absentee
ballots.
In
addition
to
an
electronic
absentee
20
ballot,
the
commissioner
shall
mail
all
physical
materials
21
other
than
an
absentee
ballot
as
provided
in
subsections
1
and
22
2.
23
(2)
If
the
commissioner
determines
that
the
voter
does
24
not
qualify
to
receive
an
electronic
absentee
ballot,
the
25
commissioner
shall
inform
the
voter
by
the
best
means
available
26
that
the
voter
does
not
qualify
to
receive
an
electronic
27
absentee
ballot,
the
reason
for
the
rejection,
and
that
the
28
voter
shall
be
mailed
a
physical
absentee
ballot.
29
b.
An
electronic
absentee
ballot
completed
pursuant
to
30
paragraph
“a”
may
be
printed
by
the
voter
and
returned
to
the
31
commissioner
as
provided
in
section
53.17,
using
the
same
32
method
as
required
for
physical
absentee
ballots
in
that
33
election,
or
may
be
returned
electronically.
34
c.
The
state
commissioner
shall
adopt
rules
for
the
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transmission,
marking,
and
return
of
electronic
absentee
1
ballots.
The
rules
shall
require
a
voter
who
returns
an
2
absentee
ballot
electronically
to
include
a
copy
of
a
form
3
of
identification
sufficient
to
satisfy
the
requirements
of
4
section
49.78.
5
Sec.
6.
Section
53.22,
subsection
2,
paragraph
a,
6
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
7
(1)
A
registered
voter
who
has
applied
for
an
absentee
8
ballot,
in
a
manner
other
than
that
prescribed
by
section
9
53.10
or
53.11
,
or
by
section
53.8,
subsection
5,
and
who
10
is
a
resident,
tenant,
or
patient
in
a
health
care
facility,
11
assisted
living
program,
or
hospital
located
in
the
county
to
12
which
the
application
has
been
submitted
shall
be
delivered
13
the
appropriate
absentee
ballot
by
two
special
precinct
14
election
officers,
one
of
whom
shall
be
a
member
of
each
of
the
15
political
parties
referred
to
in
section
49.13
,
who
shall
be
16
appointed
by
the
commissioner
from
the
election
board
panel
17
for
the
special
precinct
established
by
section
53.20
.
The
18
special
precinct
election
officers
shall
be
sworn
in
the
manner
19
provided
by
section
49.75
for
election
board
members,
shall
20
receive
compensation
as
provided
in
section
49.20
,
and
shall
21
perform
their
duties
during
the
ten
calendar
days
after
the
22
ballots
are
printed
if
the
commissioner
so
elects,
during
the
23
fourteen
calendar
days
preceding
the
election,
and
on
election
24
day
if
all
ballots
requested
under
section
53.8,
subsection
3
,
25
have
not
previously
been
delivered
and
returned.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
electronic
delivery
of
absentee
30
ballots
to
certain
persons.
The
bill
requires
the
state
31
commissioner
of
elections
to
include
a
space
on
absentee
ballot
32
request
forms
for
a
voter
to
indicate
that
the
voter
wants
to
33
receive
an
electronic
absentee
ballot
because
the
voter
has
a
34
physical
disability
that
prevents
the
voter
from
reading
and
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marking
a
physical
ballot
without
the
assistance
of
another
1
person.
The
bill
also
requires
the
state
commissioner
to
2
adopt
rules
to
allow
such
a
registered
voter
to
submit
an
3
absentee
ballot
request
form
electronically.
If,
upon
receipt
4
of
an
absentee
ballot
request
form,
the
county
commissioner
5
of
elections
determines
that
the
voter
qualifies
to
receive
6
an
electronic
absentee
ballot,
the
county
commissioner
shall
7
transmit
an
electronic
absentee
ballot
to
the
voter
at
the
8
time
that
physical
absentee
ballots
are
mailed.
If
the
county
9
commissioner
determines
that
the
voter
does
not
qualify
to
10
receive
an
electronic
absentee
ballot,
the
county
commissioner
11
shall
inform
the
voter
of
the
rejection,
the
reason
therefore,
12
and
that
the
voter
will
receive
a
physical
absentee
ballot.
13
The
bill
requires
an
electronic
absentee
ballot
to
be
14
transmitted
in
a
form
that
allows
the
voter
to
read
and
mark
15
the
ballot
using
a
personal
computer.
The
bill
then
allows
16
the
voter
to
print
the
absentee
ballot
and
return
it
in
the
17
same
manner
as
prescribed
for
physical
absentee
ballots
or
18
to
return
the
ballot
electronically.
The
bill
requires
the
19
state
commissioner
of
elections
to
adopt
rules
regarding
the
20
form,
transmission,
marking,
and
return
of
electronic
absentee
21
ballots.
The
rules
shall
require
a
voter
who
returns
an
22
absentee
ballot
electronically
to
submit
a
copy
of
a
voter
23
identification
document.
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