SF 2158 (LSB 5918XS (2) 89)

SENATE FILE 2158

BY  CARLIN

A BILL FOR

An Act relating to the printing and counting of absentee ballots by requiring a watermark, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.27, Code 2022, is amended to read as follows:
   43.27  Printing of ballots.
   1.  The text printed on ballots of each political party shall be in black ink, on separate sheets of paper, uniform in quality, texture, and size, with the name of the political party printed at the head of the ballots, which ballots shall be prepared by the commissioner in the same manner as for the general election, except as provided in this chapter. The commissioner may print the ballots for each political party using a different color for each party. If colored paper is used, all of the ballots for each separate party shall be uniform in color.
   2.  Each absentee ballot shall include a watermark approved by the state commissioner. The watermark shall be easily discernible for verification purposes by the county commissioner and the absentee and special voters precinct election board. The state commissioner shall adopt rules for the implementation of this subsection.
    Sec. 2.  Section 49.57, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  Each absentee ballot shall include a watermark approved by the state commissioner. The watermark shall be easily discernible for verification purposes by the county commissioner and the absentee and special voters precinct election board. The state commissioner shall adopt rules for the implementation of this subsection.
    Sec. 3.  Section 53.25, subsection 1, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  If an absentee voter’s ballot lacks the watermark required pursuant to section 43.27 or 49.57, the absentee ballot shall be rejected by the absentee and special voters precinct board.
    Sec. 4.  Section 53.26, subsection 2, Code 2022, is amended to read as follows:
   2.  All Except for an absentee ballot rejected due to the lack of a required watermark, all rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct election officials shall endorse “Defective ballots”, with a statement signed by the precinct election officials regarding the precinct in which and the date of the election at which they were cast. The envelope shall be returned to the same officer and in the same manner as by law provided for the return and preservation of official ballots voted at such election.
    Sec. 5.  Section 53.26, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  An absentee ballot rejected due to the lack of a required watermark, including its affidavit envelope, shall be kept separate from all other ballots. The commissioner shall send notification of the rejection to the state commissioner of elections, relevant county attorney, and attorney general, who shall investigate the ballot for potential election misconduct.
    Sec. 6.  EFFECTIVE DATE.  This Act takes effect July 1, 2023, except that the state commissioner of elections may adopt rules for the implementation of this Act prior to that date.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the printing of ballots. The bill requires each absentee ballot to include a watermark, approved by the state commissioner of elections, that is easily discernible to the county commissioner of elections and the absentee and special voters precinct election board. If an absentee ballot lacks the watermark, the bill requires the absentee and special voters precinct board to reject the ballot, keep the ballot and the ballot’s affidavit envelope separate from all other ballots, and report the ballot to the state commissioner of elections, relevant county attorney, and attorney general, who shall investigate the ballot for potential election misconduct.
   The bill takes effect July 1, 2023, except that the state commissioner of elections may adopt rules for the implementation of the bill prior to that date.