Senate File 2158 - Introduced SENATE FILE 2158 BY CARLIN A BILL FOR An Act relating to the printing and counting of absentee 1 ballots by requiring a watermark, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5918XS (2) 89 ss/jh

S.F. 2158 Section 1. Section 43.27, Code 2022, is amended to read as 1 follows: 2 43.27 Printing of ballots. 3 1. The text printed on ballots of each political party 4 shall be in black ink, on separate sheets of paper, uniform 5 in quality, texture, and size, with the name of the political 6 party printed at the head of the ballots, which ballots shall 7 be prepared by the commissioner in the same manner as for the 8 general election, except as provided in this chapter . The 9 commissioner may print the ballots for each political party 10 using a different color for each party. If colored paper is 11 used, all of the ballots for each separate party shall be 12 uniform in color. 13 2. Each absentee ballot shall include a watermark 14 approved by the state commissioner. The watermark shall be 15 easily discernible for verification purposes by the county 16 commissioner and the absentee and special voters precinct 17 election board. The state commissioner shall adopt rules for 18 the implementation of this subsection. 19 Sec. 2. Section 49.57, Code 2022, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 8. Each absentee ballot shall include a 22 watermark approved by the state commissioner. The watermark 23 shall be easily discernible for verification purposes by 24 the county commissioner and the absentee and special voters 25 precinct election board. The state commissioner shall adopt 26 rules for the implementation of this subsection. 27 Sec. 3. Section 53.25, subsection 1, Code 2022, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. If an absentee voter’s ballot lacks the 30 watermark required pursuant to section 43.27 or 49.57, the 31 absentee ballot shall be rejected by the absentee and special 32 voters precinct board. 33 Sec. 4. Section 53.26, subsection 2, Code 2022, is amended 34 to read as follows: 35 -1- LSB 5918XS (2) 89 ss/jh 1/ 3

S.F. 2158 2. All Except for an absentee ballot rejected due to the 1 lack of a required watermark, all rejected ballots shall be 2 enclosed and securely sealed in an envelope on which the 3 precinct election officials shall endorse “Defective ballots”, 4 with a statement signed by the precinct election officials 5 regarding the precinct in which and the date of the election 6 at which they were cast. The envelope shall be returned to 7 the same officer and in the same manner as by law provided for 8 the return and preservation of official ballots voted at such 9 election. 10 Sec. 5. Section 53.26, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. An absentee ballot rejected due to 13 the lack of a required watermark, including its affidavit 14 envelope, shall be kept separate from all other ballots. The 15 commissioner shall send notification of the rejection to the 16 state commissioner of elections, relevant county attorney, 17 and attorney general, who shall investigate the ballot for 18 potential election misconduct. 19 Sec. 6. EFFECTIVE DATE. This Act takes effect July 1, 2023, 20 except that the state commissioner of elections may adopt rules 21 for the implementation of this Act prior to that date. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the printing of ballots. The bill 26 requires each absentee ballot to include a watermark, approved 27 by the state commissioner of elections, that is easily 28 discernible to the county commissioner of elections and the 29 absentee and special voters precinct election board. If an 30 absentee ballot lacks the watermark, the bill requires the 31 absentee and special voters precinct board to reject the 32 ballot, keep the ballot and the ballot’s affidavit envelope 33 separate from all other ballots, and report the ballot to the 34 state commissioner of elections, relevant county attorney, 35 -2- LSB 5918XS (2) 89 ss/jh 2/ 3

S.F. 2158 and attorney general, who shall investigate the ballot for 1 potential election misconduct. 2 The bill takes effect July 1, 2023, except that the 3 state commissioner of elections may adopt rules for the 4 implementation of the bill prior to that date. 5 -3- LSB 5918XS (2) 89 ss/jh 3/ 3