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 TLSB 5560YH (2) 89 ss/jh
H.F. 2075 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 35 -1- LSB 5560YH (2) 89 ss/jh 1/ 4
H.F. 2075 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 35 -2- LSB 5560YH (2) 89 ss/jh 2/ 4
H.F. 2075 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 35 -3- LSB 5560YH (2) 89 ss/jh 3/ 4
H.F. 2075 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. 24 -4- LSB 5560YH (2) 89 ss/jh 4/ 4