House File 66 - Introduced HOUSE FILE 66 BY BRECKENRIDGE A BILL FOR An Act prohibiting certain persons from assisting voters in 1 casting ballots. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1606YH (3) 89 ss/jh
H.F. 66 Section 1. Section 49.89, Code 2021, is amended to read as 1 follows: 2 49.89 Selection of officials to assist voters. 3 At, or before, the opening of the polls, the election board 4 of each precinct shall select two members of the board, of 5 different political parties in the case of any election in 6 which candidates appear on the ballot under the heading of 7 either of the political parties referred to in section 49.13 , 8 to assist voters who may be unable to cast their votes without 9 assistance as described in section 49.90 . The election board 10 shall not select a person to assist voters who is a candidate 11 on a ballot in that election. 12 Sec. 2. Section 49.90, Code 2021, is amended to read as 13 follows: 14 49.90 Assisting voter. 15 Any voter who may declare upon oath that the voter is blind, 16 cannot read the English language, or is, by reason of any 17 physical disability other than intoxication, unable to cast a 18 vote without assistance, shall, upon request, be assisted by 19 the two officers as provided in section 49.89 , or alternatively 20 by any other person the voter may select in casting the vote , 21 except that the voter shall not select a person to assist the 22 voter who is a candidate on a ballot in that election . The 23 officers, or the person selected by the voter, shall cast the 24 vote of the voter requiring assistance, and shall thereafter 25 give no information regarding the vote cast. If any elector 26 because of a disability cannot enter the building where the 27 polling place for the elector’s precinct of residence is 28 located, the two officers shall take a paper ballot to the 29 vehicle occupied by the elector with a disability and allow 30 the elector to cast the ballot in the vehicle. Ballots cast 31 by voters with disabilities shall be deposited in the regular 32 ballot box, or inserted in the tabulating device, and counted 33 in the usual manner. 34 Sec. 3. Section 52.19, Code 2021, is amended to read as 35 -1- LSB 1606YH (3) 89 ss/jh 1/ 2
H.F. 66 follows: 1 52.19 Instructions. 2 In case any elector after entering the voting booth shall ask 3 for further instructions concerning the manner of voting, two 4 precinct election officials of opposite political parties who 5 are not candidates on a ballot in that election shall give such 6 instructions to the elector; but no precinct election official 7 or other election officer or person assisting an elector 8 shall in any manner request, suggest, or seek to persuade or 9 induce any such elector to vote any particular ticket, or for 10 any particular candidate, or for or against any particular 11 amendment, question, or proposition. After receiving such 12 instructions, the elector shall vote as in the case of an 13 unassisted voter. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to persons selected to assist certain 18 voters in casting a ballot. Current law permits voters to 19 request assistance in casting votes at the polling place if 20 such voters are unable to cast their votes without assistance. 21 Persons assisting such voters are either selected by the 22 election board of each precinct or by the voter. The bill 23 prohibits an election board or voter from selecting a person to 24 assist the voter in casting a ballot who is a candidate on the 25 ballot in that election. The bill also prohibits such persons 26 from providing instructions concerning the manner of voting to 27 voters requesting such assistance in a voting booth. 28 -2- LSB 1606YH (3) 89 ss/jh 2/ 2