House Study Bill 719 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to the conduct of elections, including 1 provisions related to absentee ballots, recounts, and 2 contested gubernatorial elections and impeachments, making 3 penalties applicable, and including effective date and 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5344YC (2) 89 ss/jh

H.F. _____ Section 1. Section 43.20, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. a. Except as provided in paragraph “b” , nomination 3 Nomination papers shall be signed by eligible electors as 4 provided in section 45.1 . 5 b. Nomination papers for an office to be filled by the 6 voters of the county or for the office of county supervisor 7 elected from a district within the county, shall be signed 8 by at least two percent of the party vote in the county or 9 supervisor district, as shown by the last general election, or 10 by at least one hundred persons, whichever is less. 11 Sec. 2. Section 43.56, subsection 1, paragraph c, Code 2022, 12 is amended to read as follows: 13 c. A third person mutually agreeable to the board members 14 designated by the candidates One person who is a precinct 15 election official selected by the chief judge of the judicial 16 district in which the canvass occurs at or before the time the 17 board is required to convene . 18 Sec. 3. Section 43.78, subsection 5, paragraph b, Code 2022, 19 is amended to read as follows: 20 b. In the office of the appropriate commissioner, at least 21 sixty-four sixty-seven days before the date of the election. 22 Sec. 4. Section 43.92, Code 2022, is amended to read as 23 follows: 24 43.92 Date of caucus published. 25 1. The date, time, and place of each precinct caucus of a 26 political party shall be published at least twice in at least 27 one newspaper of general circulation in the precinct. The 28 first publication shall be made not more than fifteen days nor 29 less than seven days before the date of the caucus and the 30 second shall be made not more than seven days before and not 31 later than the date of the caucus. Such publication shall 32 also state in substance that each voter affiliated with the 33 specified political party may attend the precinct caucus. 34 Publication in a news item or advertisement in such newspaper 35 -1- LSB 5344YC (2) 89 ss/jh 1/ 32

H.F. _____ shall constitute publication for the purposes of this section . 1 The cost of such publication, if any, shall be paid by the 2 political party. 3 2. a. In lieu of the requirement to publish a notice in a 4 newspaper of general circulation in the precinct, a political 5 party may publish the notice in its entirety on the political 6 party’s internet site, if the political party maintains an 7 internet site. The notice shall include all information 8 otherwise required to be contained in the publication and 9 shall comply with all requirements relating to the date of 10 publication. 11 b. In posting and maintaining a notice on a political 12 party’s internet site, the political party shall satisfy all 13 of the following requirements: 14 (1) The internet site shall be available and easily 15 accessible at all times by the public. 16 (2) The public shall not be charged for access to any notice 17 posted on the internet site pursuant to this subsection. 18 (3) The notice shall be maintained and accessible through 19 the same internet site address for as long as required by law 20 or as long as such information is customarily maintained by the 21 political party, whichever is longer. 22 c. Compliance with the requirements of this subsection 23 shall constitute compliance with the newspaper publication 24 requirements in subsection 1. 25 Sec. 5. NEW SECTION . 49.17 Conduct of elections —— funding. 26 1. The state commissioner or a county commissioner or 27 political subdivision of the state shall only accept funding 28 from the following sources for the purposes of conducting an 29 election: 30 a. Lawful appropriations of public funds from the government 31 of the United States. 32 b. Lawful appropriations of public funds from the state of 33 Iowa. 34 c. Lawful appropriations of public funds from a political 35 -2- LSB 5344YC (2) 89 ss/jh 2/ 32

H.F. _____ subdivision of the state for the conduct of an election in the 1 political subdivision. 2 2. The state commissioner, a county commissioner, or a 3 political subdivision of the state shall not accept or expend 4 a grant, gift, or other source of funding from a source other 5 than those listed in subsection 1, including from a private 6 person, corporation, partnership, political party, nonparty 7 political organization, committee as defined in section 8 68A.102, or other organization for the purpose of conducting 9 an election. 10 3. This section does not prohibit the state commissioner or 11 a county commissioner or political subdivision from issuing and 12 collecting fees as otherwise provided by law. 13 4. This section does not apply to the contribution of a 14 building for use as a polling place pursuant to section 49.21. 15 Sec. 6. Section 49.53, subsection 1, Code 2022, is amended 16 to read as follows: 17 1. The commissioner shall not less than four nor more 18 than twenty thirty days before the day of each election, 19 except those for which different publication requirements are 20 prescribed by law, publish notice of the election. The notice 21 shall list the names of all candidates or nominees and the 22 office each seeks, and all public questions, to be voted upon 23 at the election. The notice shall also state the date of the 24 election, the hours the polls will be open, that each voter is 25 required to provide identification at the polling place before 26 the voter can receive and cast a ballot, the location of each 27 polling place at which voting is to occur in the election, and 28 the names of the precincts voting at each polling place , the 29 date the election will be audited pursuant to section 50.51, 30 the location of the audit, and the hours during which the 31 election will be audited . The notice shall include the full 32 text of all public measures to be voted upon at the election. 33 The notice may contain one or more facsimiles of the portion 34 of the ballot containing the first rotation as prescribed by 35 -3- LSB 5344YC (2) 89 ss/jh 3/ 32

H.F. _____ section 49.31, subsection 2 . 1 Sec. 7. NEW SECTION . 49.76A Electronic election register. 2 1. The commissioner may use an electronic election register 3 in lieu of a paper register if the electronic election register 4 is a product that has been certified for use in this state by 5 the state commissioner. 6 2. The state commissioner shall adopt rules pursuant to 7 chapter 17A for the implementation of this section. 8 Sec. 8. Section 50.11, subsection 1, Code 2022, is amended 9 to read as follows: 10 1. When the canvass is completed one of the precinct 11 election officials shall , upon request of a person at the 12 precinct, publicly announce the total number of votes received 13 by each of the persons voted for, the office for which the 14 person is designated, as announced by the designated tally 15 keepers, and the number of votes for, and the number of votes 16 against, any proposition which shall have been submitted to a 17 vote of the people. A precinct election official may, at the 18 request of the commissioner who is conducting the election, 19 communicate the election results by telephone and shall deliver 20 the election results in person pursuant to section 50.14 to the 21 commissioner who is conducting the election immediately upon 22 completion of the canvass. 23 Sec. 9. Section 50.12, Code 2022, is amended to read as 24 follows: 25 50.12 Return and preservation of ballots. 26 Immediately after making the proclamation, and before 27 separating, the board members of each precinct in which votes 28 have been received by paper ballot shall enclose in an envelope 29 or other container all ballots which have been counted by them, 30 except those endorsed “Rejected as double”, “Defective”, or 31 “Objected to”, and securely seal the envelope. The signatures 32 of all board members of the precinct shall be placed across 33 the seal or the opening of the container so that it cannot 34 be opened without breaking the seal. The precinct election 35 -4- LSB 5344YC (2) 89 ss/jh 4/ 32

H.F. _____ officials shall return all the ballots to the commissioner, 1 who shall carefully preserve them for six months. Ballots 2 from elections for federal offices shall be preserved for 3 twenty-two months. The sealed packages containing voted 4 ballots shall be opened only for an official recount authorized 5 by section 50.48 , or 50.49 , or 50.50 , for an election contest 6 held pursuant to chapters 57 through 62 , to conduct an audit 7 pursuant to section 50.50 or 50.51 , or to destroy the ballots 8 pursuant to section 50.19 . 9 Sec. 10. Section 50.15A, Code 2022, is amended to read as 10 follows: 11 50.15A Unofficial results of voting —— general election only . 12 1. In order to provide the public with an early source 13 of election results before the official canvass of votes, 14 the state commissioner of elections, in cooperation with the 15 commissioners of elections, shall conduct an unofficial canvass 16 of election results following the closing of the polls on 17 the day of a regular city election, regular school election, 18 primary election, and general election. The unofficial 19 canvass shall report election results for national offices, 20 statewide offices, the office of state representative, the 21 office of state senator, and other offices or public measures 22 at the discretion of the state commissioner of elections. 23 The unofficial canvass shall also report the total number of 24 ballots cast at the general election. 25 2. a. After the polls close on election day, the 26 commissioner of elections shall periodically provide election 27 results to the state commissioner of elections as the precincts 28 in the county report election results to the commissioner 29 pursuant to section 50.11 . If the commissioner determines 30 that all precincts will not report election results before 31 the office is closed, the commissioner shall report the most 32 complete results available prior to leaving the office at the 33 time the office is closed as provided in section 50.11 . The 34 commissioner shall specify the number of precincts included in 35 -5- LSB 5344YC (2) 89 ss/jh 5/ 32

H.F. _____ the report to the state commissioner of elections and provide 1 an explanation in writing as to why all precincts will not be 2 reported . 3 b. The state commissioner of elections shall tabulate 4 unofficial election results as the results are received from 5 the commissioners of elections and shall periodically make the 6 reports of the results available to the public. 7 3. Before the day of the general election, the state 8 commissioner of elections shall provide a form and instructions 9 for reporting unofficial election results pursuant to this 10 section . 11 Sec. 11. Section 50.24, subsections 1 and 4, Code 2022, are 12 amended to read as follows: 13 1. The county board of supervisors shall meet to canvass 14 the vote on the first Monday or Tuesday after the day of 15 each election to which this chapter is applicable, unless 16 the law authorizing the election specifies another date for 17 the canvass. If that Monday or Tuesday is a public holiday, 18 section 4.1, subsection 34 , controls. 19 4. For a regular or special city election or a city runoff 20 election, if the city is located in more than one county, the 21 controlling commissioner for that city under section 47.2 shall 22 conduct a second canvass on the second Monday or Tuesday after 23 the day of the election. However, if a recount is requested 24 pursuant to section 50.48 , the controlling commissioner shall 25 conduct the second canvass within two business days after the 26 conclusion of the recount proceedings. Each commissioner 27 conducting a canvass for the city pursuant to subsection 1 28 shall transmit abstracts for the offices and public measures of 29 that city to the controlling commissioner for that city, along 30 with individual tallies for each write-in candidate. At the 31 second canvass, the county board of supervisors of the county 32 of the controlling commissioner shall canvass the abstracts 33 received pursuant to this subsection and shall prepare a 34 combined city abstract stating the number of votes cast in the 35 -6- LSB 5344YC (2) 89 ss/jh 6/ 32

H.F. _____ city for each office and on each question on the ballot for 1 the city election. The combined city abstract shall further 2 indicate the name of each person who received votes for each 3 office on the ballot, the number of votes each person named 4 received for that office, and the number of votes for and 5 against each question submitted to the voters at the election. 6 The votes of all write-in candidates who each received less 7 than five percent of the total votes cast in the city for 8 an office shall be reported collectively under the heading 9 “scattering”. 10 Sec. 12. Section 50.24, subsection 5, paragraph a, Code 11 2022, is amended to read as follows: 12 a. For a regular or special school election, if the school 13 district is located in more than one county, the controlling 14 commissioner for that school district under section 47.2 shall 15 conduct a second canvass on the second Monday or Tuesday after 16 the day of election. However, if a recount is requested 17 pursuant to section 50.48 , the controlling commissioner shall 18 conduct the second canvass within two business days after the 19 conclusion of the recount proceedings. Each commissioner 20 conducting a canvass for the school district pursuant to 21 subsection 1 shall transmit abstracts for the offices and 22 public measures of that school district to the controlling 23 commissioner for that school district, along with individual 24 tallies for each write-in candidate. At the second canvass the 25 county board of supervisors of the controlling county shall 26 canvass the abstracts received pursuant to this subsection and 27 shall prepare a combined school district abstract stating the 28 number of votes cast in the school district for each office and 29 on each question on the ballot for the school election. The 30 combined school district abstract shall further indicate the 31 name of each person who received votes for each office on the 32 ballot, the number of votes each person named received for that 33 office, and the number of votes for and against each question 34 submitted to the voters at the election. The votes of all 35 -7- LSB 5344YC (2) 89 ss/jh 7/ 32

H.F. _____ write-in candidates who each received less than five percent of 1 the total votes cast in the school district for an office shall 2 be reported collectively under the heading “scattering”. 3 Sec. 13. Section 50.48, subsection 1, paragraphs a and b, 4 Code 2022, are amended to read as follows: 5 a. The county board of canvassers shall order a recount of 6 the votes cast for a particular office or nomination in one 7 or more specified all election precincts in that county if a 8 written request for a recount is made not later than 5:00 p.m. 9 on the third second day following the county board’s canvass 10 of the election in question. For a city runoff election held 11 pursuant to section 376.9 , the written request must be made not 12 later than 5:00 p.m. on the day following the county board’s 13 canvass of the city runoff election. A written request for a 14 recount shall indicate whether the recount shall be conducted 15 only using automatic tabulating equipment or by a hand recount 16 following the use of automatic tabulating equipment. If a 17 candidate requests a hand recount in one county, the candidate 18 shall also request a hand recount in each county at which the 19 candidate requests a recount. The request shall be filed with 20 the commissioner of that county and shall be signed by either 21 of the following: 22 (1) A candidate for that office or nomination whose name 23 was printed on the a ballot of the precinct or precincts in the 24 county where the recount is requested. 25 (2) Any other person who receives votes for that particular 26 office or nomination in the precinct or precincts county where 27 the recount is requested and who is legally qualified to seek 28 and to hold the office in question. 29 b. Immediately upon receipt of a request for a recount, 30 the commissioner shall send a copy of the request to the 31 apparent winner by certified mail and the state commissioner 32 by electronic mail . The commissioner shall also attempt to 33 contact the apparent winner by telephone. If the apparent 34 winner cannot be reached within four three days, the 35 -8- LSB 5344YC (2) 89 ss/jh 8/ 32

H.F. _____ chairperson of the political party or organization which 1 nominated the apparent winner shall be contacted and shall act 2 on behalf of the apparent winner, if necessary. For candidates 3 for state or federal offices, the chairperson of the state 4 party shall be contacted. For candidates for county offices, 5 the county chairperson of the party shall be contacted. 6 Sec. 14. Section 50.48, subsection 2, Code 2022, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. (1) Upon receipt of a written request 9 for a hand recount involving a state office, including a seat 10 in the general assembly, a seat in the United States Congress, 11 or electors for president or vice president, forwarded by 12 the commissioner, the state commissioner shall verify that 13 each request for a recount for that office submitted by that 14 candidate included a request for a hand recount. For each 15 request that did not include a request for a hand recount, the 16 state commissioner shall assess a civil penalty of one hundred 17 dollars against the candidate. The civil penalty shall first 18 be deducted from the bond filed by the candidate. 19 (2) Upon verification that a candidate for a state office, 20 including a seat in the general assembly, a seat in the United 21 States Congress, or electors for president or vice president, 22 submitted a written request for hand recount in at least one 23 but not all counties, the state commissioner shall, within six 24 days following the county canvass of the election, inform each 25 commissioner at which a hand recount was not requested that a 26 hand recount shall be performed pursuant to this section. 27 Sec. 15. Section 50.48, subsections 3 and 4, Code 2022, 28 are amended by striking the subsections and inserting in lieu 29 thereof the following: 30 3. a. The recount shall be conducted by a board which shall 31 consist of one of the following: 32 (1) For a county with a population of fewer than fifteen 33 thousand people according to the most recent federal decennial 34 census: 35 -9- LSB 5344YC (2) 89 ss/jh 9/ 32

H.F. _____ (a) A designee of the candidate requesting the recount, 1 who shall be named in the written request when the request is 2 filed. 3 (b) A designee of the apparent winning candidate, who shall 4 be named by the candidate at or before the time the board is 5 required to convene. 6 (c) A member who is a precinct election official selected by 7 the chief judge of the judicial district in which the canvass 8 occurs at or before the time the board is required to convene. 9 (2) For a county with a population of at least fifteen 10 thousand but fewer than fifty thousand people according to the 11 most recent federal decennial census: 12 (a) A designee of the candidate requesting the recount, 13 who shall be named in the written request when the request is 14 filed. 15 (b) A designee of the apparent winning candidate, who shall 16 be named by the candidate at or before the time the board is 17 required to convene. 18 (c) Three members who are precinct election officials 19 selected by the chief judge of the judicial district in which 20 the canvass occurs at or before the time the board is required 21 to convene. 22 (3) For a county with a population of fifty thousand people 23 or greater: 24 (a) Two designees of the candidate requesting the recount, 25 who shall be named in the written request when the request is 26 filed. 27 (b) Two designees of the apparent winning candidate, who 28 shall be named by the candidate at or before the time the board 29 is required to convene. 30 (c) Three members who are precinct election officials 31 selected by the chief judge of the judicial district in which 32 the canvass occurs at or before the time the board is required 33 to convene. 34 b. Members appointed to the recount board by the chief judge 35 -10- LSB 5344YC (2) 89 ss/jh 10/ 32

H.F. _____ shall be selected consistent with section 49.13, subsection 2, 1 for partisan offices and section 49.12 for nonpartisan offices. 2 c. The commissioner shall convene the persons designated 3 under paragraph “a” not later than 9:00 a.m. on the sixth 4 day following the county board’s canvass of the election in 5 question. 6 4. When all members of the recount board have been selected, 7 the board shall undertake and complete the required recount as 8 expeditiously as reasonably possible in the following manner: 9 a. The commissioner shall inform the board whether the 10 candidate has requested a hand recount. The commissioner 11 or the commissioner’s designee shall supervise the handling 12 of ballots to ensure that the ballots are protected from 13 alteration or damage. 14 b. The board shall direct the commissioner to retabulate 15 the ballots using the automatic tabulating equipment. The same 16 program used for tabulating the votes on election day shall be 17 used at the recount unless the program is believed or known to 18 be flawed. 19 c. The board shall recount only the ballots which were voted 20 and counted for the office in question, including any disputed 21 ballots returned as required in section 50.5. 22 d. After retabulating the ballots as provided in paragraph 23 “b” , the board shall compare the printed results of the 24 tabulation equipment to the abstract prepared pursuant to the 25 county board’s canvass. The board shall note any discrepancies 26 between the two results. 27 e. If the candidate’s written request included a request 28 for a hand recount, the board shall separate the ballots into 29 piles: one for each candidate, one for write-in votes, and 30 one for ballots considered an over or under count. The board 31 shall review and tabulate the ballots in each pile as provided 32 in section 49.98. The board shall compare the hand recount 33 results to the printed results of the tabulation equipment and 34 the abstract. If there are discrepancies between the three 35 -11- LSB 5344YC (2) 89 ss/jh 11/ 32

H.F. _____ results, then the results of the hand recount shall control. 1 f. The ballots shall be resealed by the recount board before 2 adjournment and shall be preserved as required by section 3 50.12. 4 Sec. 16. Section 50.48, subsection 5, Code 2022, is amended 5 to read as follows: 6 5. a. At the conclusion of the recount, the recount board 7 shall make and file with the commissioner a written report of 8 its findings signed by a majority of the recount board. The 9 commissioner or commissioner’s designee may assist in compiling 10 the written report. The written report shall include a full 11 tally and accounting of ballots reviewed by the recount board 12 and shall be reported as required by sections 50.24 and 53.20. 13 The written report must allow the commissioner to correct the 14 canvass of voters in the manner required by law, if applicable. 15 b. If the recount board’s report is that the abstracts 16 prepared pursuant to the county board’s canvass were incorrect 17 as to the number of votes cast for the candidates for the 18 office or nomination in question, in that county or district, 19 the commissioner shall at once so notify the county board. The 20 county board shall reconvene within three days after being so 21 notified , but no later than noon on the twenty-seventh day 22 following the election in question for a recount of the offices 23 of president and vice president , and shall correct its previous 24 proceedings. 25 c. The recount board shall complete the recount and file its 26 report as follows: 27 (1) For the offices of president and vice president, not 28 later than the seventeenth day following the county board’s 29 canvass of the election in question. 30 (2) For a state office, including a seat in the general 31 assembly, or a seat in the United States Congress, not later 32 than the twenty-first day following the county board’s canvass 33 of the election in question. 34 (3) For any other office, not later than the thirteenth 35 -12- LSB 5344YC (2) 89 ss/jh 12/ 32

H.F. _____ day following the county board’s canvass of the election in 1 question. 2 Sec. 17. Section 50.49, subsection 1, Code 2022, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 1. a. A recount for any public measure shall be ordered 6 by the board of canvassers if a petition requesting a recount 7 is filed with the county commissioner of a county at which 8 the question appeared on the ballot not later than two days 9 after the completion of the canvass of voters for the election. 10 The petition for a recount shall indicate whether the recount 11 shall be conducted only using automatic tabulating equipment 12 or by a hand recount following the use of automatic tabulating 13 equipment. If a petition requests a hand recount in one 14 county, the petition shall also request a hand recount in each 15 county in which the petition is filed. A petition must be 16 filed by the person submitting the petition in each county 17 in which the public measure appeared on the ballot. If the 18 petition is not filed by the person submitting the petition in 19 each county in which the public measure appeared on the ballot, 20 a recount shall not be conducted. 21 b. The petition must be signed by the greater of ten 22 eligible electors or a number of eligible electors equaling 23 one percent of the total number of votes cast upon the public 24 measure in the county. Each person signing the petition must 25 be a person who was entitled to vote on the public measure in 26 question or would have been so entitled if registered to vote. 27 c. Immediately upon receipt of a petition for a recount, 28 the commissioner shall send a copy of the petition to the 29 state commissioner by electronic mail. The state commissioner 30 shall confirm that a petition was filed in every county the 31 public measure appeared on the ballot prior to the convening of 32 the recount board. The state commissioner shall also verify 33 whether each petition for a recount included a request for 34 a hand recount. If the state commissioner verifies that a 35 -13- LSB 5344YC (2) 89 ss/jh 13/ 32

H.F. _____ petition included a request for a hand recount in at least one 1 but not all counties, the state commissioner shall, prior to 2 convening of the recount board, inform each commissioner at 3 which a hand recount was not requested that a hand recount 4 shall be performed. 5 Sec. 18. Section 50.49, subsection 2, paragraph b, Code 6 2022, is amended by striking the paragraph and inserting in 7 lieu thereof the following: 8 b. Two members who are precinct election officials selected 9 by the chief judge of the judicial district in which the 10 canvass occurs at or before the time the board is required to 11 convene. The members shall be selected consistent with section 12 49.12. 13 Sec. 19. Section 50.49, subsection 2, paragraph c, Code 14 2022, is amended by striking the paragraph. 15 Sec. 20. Section 50.49, subsection 3, Code 2022, is amended 16 by striking the subsection and inserting in lieu thereof the 17 following: 18 3. The commissioner shall convene the recount board not 19 later than 9:00 a.m. on the sixth day following the county 20 board’s canvass of the election in question. 21 Sec. 21. Section 50.50, Code 2022, is amended to read as 22 follows: 23 50.50 Administrative recounts audits . 24 1. The commissioner who was responsible for conducting an 25 election may request an administrative recount audit when the 26 commissioner is informed or suspects that voting equipment used 27 in the election malfunctioned or that programming errors may 28 have affected the outcome of the election, or if the precinct 29 election officials report counting errors to the commissioner 30 after the conclusion of the canvass of votes in the precinct. 31 An administrative recount audit shall be conducted by the board 32 of the special precinct established by section 53.23 . Bond 33 shall not be required for an administrative recount. The 34 state commissioner may adopt rules for administrative recounts 35 -14- LSB 5344YC (2) 89 ss/jh 14/ 32

H.F. _____ audits . 1 2. If the recount board finds that there is an error 2 in the programming of any voting equipment which may have 3 affected the outcome of the election for any office or public 4 measure on the ballot, the recount board shall describe the 5 errors in its report to the commissioner. The commissioner 6 shall notify the board of supervisors. The supervisors shall 7 determine whether to order an administrative recount for any 8 or all of the offices and public measures on the ballot. Each 9 political party, as defined in section 43.2 may appoint up 10 to five observers to witness an audit conducted pursuant to 11 this section. The observers shall be appointed by the county 12 chairperson or, if the county chairperson fails to make an 13 appointment, by the state chairperson. However, if either or 14 both political parties fail to appoint an observer, the board 15 may continue with the proceedings. 16 Sec. 22. Section 50.51, subsection 3, paragraph a, Code 17 2022, is amended by striking the paragraph. 18 Sec. 23. NEW SECTION . 53.1B Definitions. 19 For purposes of this subchapter, unless the context 20 otherwise requires: 21 1. “Affidavit envelope” means an envelope that includes 22 a serial number and bears on the back an affidavit for a 23 registered voter to mark the registered voter’s signature and 24 voter verification number in a form prescribed by the state 25 commissioner. 26 2. “Delivery envelope” means an envelope that bears on its 27 face the name and address of the registered voter requesting an 28 absentee ballot, the words “county commissioner of elections”, 29 the address of the commissioner’s office, and the same serial 30 number that appears on the affidavit envelope and return 31 envelope. 32 3. “Return envelope” means an envelope that is addressed 33 to the commissioner’s office, bears appropriate return postage 34 or a postal permit guaranteeing that the commissioner will pay 35 -15- LSB 5344YC (2) 89 ss/jh 15/ 32

H.F. _____ the return postage, and includes the same serial number as the 1 affidavit envelope and delivery envelope. 2 4. “Secrecy envelope” means an envelope, folder, or sleeve 3 that hides all voting ovals on a ballot when folded. 4 Sec. 24. Section 53.8, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. a. Upon receipt of an application for an absentee ballot 7 and immediately after the absentee ballots are printed, but not 8 more than twenty days before the election, the commissioner 9 shall mail an absentee ballot to the applicant within 10 twenty-four hours, except as otherwise provided in subsection 11 3 . The absentee ballot shall be sent to the registered voter 12 by one of the following methods: enclosed in an unsealed 13 affidavit envelope. The absentee ballot and affidavit envelope 14 shall be enclosed in or with an unsealed return envelope. The 15 absentee ballot, affidavit envelope, and return envelope shall 16 be enclosed in the delivery envelope. If the ballot cannot 17 be folded so that all the voting ovals on the ballot will be 18 hidden, the commissioner shall also enclose a secrecy envelope 19 with the absentee ballot. 20 (1) The absentee ballot shall be enclosed in an unsealed 21 envelope marked with a serial number and affidavit. The 22 absentee ballot and affidavit envelope shall be enclosed in 23 or with an unsealed return envelope marked postage paid which 24 bears the same serial number as the affidavit envelope. The 25 absentee ballot, affidavit envelope, and return envelope shall 26 be enclosed in a third envelope to be sent to the registered 27 voter. If the ballot cannot be folded so that all of the votes 28 cast on the ballot will be hidden, the commissioner shall also 29 enclose a secrecy envelope with the absentee ballot. 30 (2) The absentee ballot shall be enclosed in an unsealed 31 return envelope marked with a serial number and affidavit 32 and marked postage paid. The absentee ballot and return 33 envelope shall be enclosed in a second envelope to be sent 34 to the registered voter. If the ballot cannot be folded so 35 -16- LSB 5344YC (2) 89 ss/jh 16/ 32

H.F. _____ that all of the votes cast on the ballot will be hidden, the 1 commissioner shall also enclose a secrecy envelope with the 2 absentee ballot. 3 b. The affidavit shall be marked on the appropriate envelope 4 in a form prescribed by the state commissioner of elections 5 registered voter requesting and receiving an absentee ballot 6 shall subscribe to the affidavit by signing and marking the 7 registered voter’s voter verification number on the affidavit 8 envelope . 9 c. All domestic return envelope flaps or backs shall also 10 be printed or stamped with a notice of the deadline to return a 11 completed absentee ballot and the manner to track the status of 12 the ballot in a form prescribed by the state commissioner. 13 c. d. For envelopes mailed at any election other than the 14 primary election, the commissioner shall not mark any envelope 15 with any information related to the party affiliation of the 16 applicant. 17 Sec. 25. Section 53.10, subsection 2, paragraph a, Code 18 2022, is amended to read as follows: 19 a. Each person who wishes to vote by absentee ballot at 20 the commissioner’s office shall first sign an application for 21 a ballot including the following information: name, current 22 address, voter verification number, and the election for which 23 the ballot is requested. The person may report a change of 24 address or other information on the person’s voter registration 25 record at that time. Prior to furnishing a ballot, the 26 commissioner shall verify the person’s identity as provided 27 in section 49.78 . The registered voter shall immediately 28 mark the ballot; enclose the ballot in a secrecy envelope, 29 if necessary, and seal it the ballot in the envelope marked 30 with the affidavit envelope ; subscribe to the affidavit on 31 the reverse side of the envelope by signing and marking the 32 registered voter’s voter verification number ; and return the 33 sealed affidavit envelope containing the absentee ballot to 34 the commissioner. The commissioner shall record the numbers 35 -17- LSB 5344YC (2) 89 ss/jh 17/ 32

H.F. _____ appearing on the application and affidavit envelope along with 1 the name of the registered voter. 2 Sec. 26. Section 53.12, Code 2022, is amended by striking 3 the section and inserting in lieu thereof the following: 4 53.12 Duty of commissioner. 5 The commissioner shall affix to the application the same 6 serial number that appears on the affidavit envelope, return 7 envelope, and delivery envelope. 8 Sec. 27. Section 53.16, Code 2022, is amended by striking 9 the section and inserting in lieu thereof the following: 10 53.16 Subscribing to affidavit. 11 After marking the ballot, the voter shall enclose the ballot 12 in a secrecy envelope, if necessary, and seal the ballot in 13 the affidavit envelope; subscribe to the affidavit by signing 14 and marking the registered voter’s voter verification number; 15 place the sealed affidavit envelope in the return envelope; and 16 securely seal the return envelope. 17 Sec. 28. Section 53.17, subsection 1, unnumbered paragraph 18 1, Code 2022, is amended to read as follows: 19 If the commissioner mailed the ballot pursuant to section 20 53.8, subsection 1 , paragraph “a” , subparagraph (1), the sealed 21 envelope bearing the voter’s affidavit and containing the 22 absentee ballot shall be enclosed in a return envelope which 23 shall be securely sealed. If the commissioner mailed the 24 ballot pursuant to section 53.8, subsection 1 , paragraph “a” , 25 subparagraph (2), the absentee ballot shall be enclosed in the 26 return envelope which shall be securely sealed. The sealed 27 return envelope shall be returned to the commissioner by one of 28 the following methods: 29 Sec. 29. Section 53.18, subsections 2 and 3, Code 2022, are 30 amended to read as follows: 31 2. If the commissioner receives the return envelope 32 containing the completed absentee ballot by 5:00 p.m. on the 33 Saturday before the election for general elections and by 5:00 34 p.m. on the Friday before the election for all other elections, 35 -18- LSB 5344YC (2) 89 ss/jh 18/ 32