Senate File 115 - Introduced SENATE FILE 115 BY NUNN and WILLIAMS A BILL FOR An Act relating to requesting and returning absentee ballots. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2170XS (2) 89 ss/jh
S.F. 115 Section 1. Section 53.2, subsection 1, paragraph b, Code 1 2021, is amended to read as follows: 2 b. A registered voter may make written application to the 3 commissioner for an absentee ballot. A written application 4 for an absentee ballot must be received by the commissioner no 5 later than 5:00 p.m. on the same day as the voter registration 6 deadline provided in section 48A.9 for fifteen days before the 7 election for which the ballot is requested, except when the 8 absentee ballot is requested and voted at the commissioner’s 9 office pursuant to section 53.10 . A written application for 10 an absentee ballot delivered to the commissioner and received 11 by the commissioner more than one hundred twenty days prior 12 to the date of the election shall be returned to the voter 13 with a notification of the date when the applications will be 14 accepted. 15 Sec. 2. Section 53.17, subsection 1, paragraph b, Code 2021, 16 is amended to read as follows: 17 b. The sealed return envelope may be mailed to the 18 commissioner by the registered voter or by the voter’s 19 designee. If mailed by the voter’s designee, the envelope 20 must be mailed within seventy-two hours of retrieving it from 21 the voter or within time to be postmarked or, if applicable, 22 to have the postal service barcode traced to a date of entry 23 into the federal mail system not later than the day ten days 24 before the election, as provided in section 53.17A , whichever 25 is earlier. 26 Sec. 3. Section 53.17, subsection 2, Code 2021, is amended 27 to read as follows: 28 2. In order for the ballot to be counted, the return 29 envelope must be received in the commissioner’s office before 30 the polls close on election day or be clearly postmarked by an 31 officially authorized postal service or bear a postal service 32 barcode traceable to a date of entry into the federal mail 33 system not later than the day ten days before the election, as 34 provided in section 53.17A , and received by the commissioner 35 -1- LSB 2170XS (2) 89 ss/jh 1/ 3
S.F. 115 not later than noon on the Monday following the election. 1 Sec. 4. Section 53.17, subsection 4, paragraph f, Code 2021, 2 is amended to read as follows: 3 f. A statement that the completed absentee ballot will 4 be delivered to the commissioner’s office within seventy-two 5 hours of retrieving it from the voter or before the closing of 6 the polls on election day, whichever is earlier, or that the 7 completed absentee ballot will be mailed to the commissioner 8 within seventy-two hours of retrieving it from the voter or 9 within time to be postmarked or, if applicable, to have the 10 postal service barcode traced to a date of entry into the 11 federal mail system not later than the day ten days before the 12 election, as provided in section 53.17A , whichever is earlier. 13 Sec. 5. Section 53.17A, subsection 3, paragraph b, 14 subparagraph (2), Code 2021, is amended to read as follows: 15 (2) If the postmark is illegible, missing, or dated on 16 or after election the day nine days before the election , the 17 commissioner shall attempt to verify the ballot’s date of entry 18 into the federal mail system by querying the postal service 19 barcode in the tracking information database. If the tracking 20 information database indicates that the absentee ballot entered 21 the federal mail system by the deadline specified in section 22 53.17 or 53.22 , the ballot shall be included for canvass by the 23 absentee and special voters precinct board. The commissioner 24 shall provide a report to the absentee and special voters 25 precinct board regarding the information available in the 26 tracking information database. 27 Sec. 6. Section 53.22, subsection 6, paragraph b, Code 2021, 28 is amended to read as follows: 29 b. Absentee ballots voted under this subsection shall be 30 delivered to the commissioner no later than the time the polls 31 are closed on election day. If the ballot is returned by mail 32 the return envelope must be received by the time the polls 33 close, or be clearly postmarked by an officially authorized 34 postal service or bear a postal service barcode traceable to 35 -2- LSB 2170XS (2) 89 ss/jh 2/ 3
S.F. 115 a date of entry into the federal mail system not later than 1 the day ten days before the election, as provided in section 2 53.17A , and received by the commissioner no later than the time 3 established for the canvass by the board of supervisors for 4 that election. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill is related to the requesting and returning of 9 absentee ballots. The bill changes the date by which an 10 application for an absentee ballot must be received from 11 either 10 or 11 days before an election, depending on the type 12 of election, to 15 days before the election. The bill also 13 changes the date by which an absentee ballot returned by mail 14 must be postmarked or marked with an intelligent mail barcode 15 from the day before an election to 10 days before an election. 16 -3- LSB 2170XS (2) 89 ss/jh 3/ 3