Senate
File
53
-
Introduced
SENATE
FILE
53
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
the
electronic
delivery
of
ballots
to
1
persons
with
certain
physical
disabilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
53.2,
subsection
2,
Code
2021,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
Absentee
ballot
applications
shall
3
include
a
space
for
a
registered
voter
with
a
physical
4
disability
that
prevents
the
registered
voter
from
reading
5
or
marking
a
printed
ballot
without
assistance
from
another
6
person
to
request
that
an
absentee
ballot
be
delivered
to
the
7
registered
voter
electronically.
A
voter
requesting
that
an
8
absentee
ballot
be
delivered
electronically
shall
explain
9
why
the
voter
cannot
read
or
mark
a
physical
absentee
ballot
10
without
assistance
from
another
person.
The
state
commissioner
11
shall
adopt
rules
regarding
the
form
of
electronic
absentee
12
ballots.
13
Sec.
2.
Section
53.8,
subsection
1,
paragraph
a,
unnumbered
14
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
15
Upon
receipt
of
an
application
for
an
absentee
ballot
16
and
immediately
after
the
absentee
ballots
are
printed,
17
but
not
more
than
twenty-nine
days
before
the
election,
the
18
commissioner
shall
mail
an
absentee
ballot
to
the
applicant
19
within
twenty-four
hours,
except
as
otherwise
provided
in
20
subsection
3
or
4
.
When
the
United
States
post
office
is
21
closed
in
observance
of
a
federal
holiday
and
is
not
delivering
22
mail
on
the
twenty-ninth
day
before
the
election,
the
first
day
23
to
mail
absentee
ballots
is
the
next
business
day
on
which
mail
24
delivery
is
available.
The
absentee
ballot
shall
be
sent
to
25
the
registered
voter
by
one
of
the
following
methods:
26
Sec.
3.
Section
53.8,
subsection
3,
paragraph
c,
Code
2021,
27
is
amended
to
read
as
follows:
28
c.
Nothing
in
this
subsection
nor
in
section
53.22
29
shall
be
construed
to
prohibit
a
registered
voter
who
is
a
30
hospital
patient
or
resident
of
a
health
care
facility,
or
who
31
anticipates
entering
a
hospital
or
health
care
facility
before
32
the
date
of
a
forthcoming
election,
from
casting
an
absentee
33
ballot
in
the
manner
prescribed
by
section
53.10
or
53.11
,
or
34
from
completing
an
electronic
absentee
ballot
in
the
manner
35
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prescribed
by
subsection
4
.
1
Sec.
4.
Section
53.8,
Code
2021,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
4.
a.
(1)
When
an
application
for
an
4
absentee
ballot
is
received
by
the
commissioner
from
a
voter
5
who
has
indicated
that
the
voter
has
a
physical
disability
that
6
prevents
the
voter
from
reading
or
marking
a
printed
ballot
7
without
assistance
from
another
person,
the
commissioner
shall
8
determine
whether
the
voter
qualifies
to
receive
an
electronic
9
absentee
ballot.
If
the
commissioner
determines
that
the
10
voter
qualifies
to
receive
an
electronic
absentee
ballot,
the
11
commissioner
shall
transmit
an
electronic
absentee
ballot
to
12
the
voter
in
a
form
that
allows
the
voter
to
electronically
13
read
and
mark
the
ballot
on
a
personal
computer
without
the
14
assistance
of
another
person.
An
electronic
absentee
ballot
15
shall
not
be
transmitted
prior
to
the
mailing
of
physical
16
absentee
ballots.
In
addition
to
an
electronic
absentee
17
ballot,
the
commissioner
shall
mail
all
physical
materials
18
other
than
an
absentee
ballot
as
provided
in
subsections
1
and
19
2.
20
(2)
If
the
commissioner
determines
that
the
voter
does
21
not
qualify
to
receive
an
electronic
absentee
ballot,
the
22
commissioner
shall
inform
the
voter
by
the
best
means
available
23
that
the
voter
does
not
qualify
to
receive
an
electronic
24
absentee
ballot,
the
reason
for
the
rejection,
and
that
the
25
voter
shall
be
mailed
a
physical
absentee
ballot.
26
b.
An
electronic
absentee
ballot
completed
pursuant
to
27
paragraph
“a”
shall
be
printed
by
the
voter
and
returned
to
28
the
commissioner
as
provided
in
section
53.17,
using
the
same
29
method
as
required
for
physical
absentee
ballots
in
that
30
election.
An
electronic
absentee
ballot
shall
not
be
returned
31
electronically.
32
c.
The
state
commissioner
shall
adopt
rules
for
the
33
transmission
and
marking
of
electronic
absentee
ballots.
34
Sec.
5.
Section
53.22,
subsection
2,
paragraph
a,
35
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53
subparagraph
(1),
Code
2021,
is
amended
to
read
as
follows:
1
(1)
A
registered
voter
who
has
applied
for
an
absentee
2
ballot,
in
a
manner
other
than
that
prescribed
by
section
3
53.10
or
53.11
,
or
by
section
53.8,
subsection
4,
and
who
4
is
a
resident,
tenant,
or
patient
in
a
health
care
facility,
5
assisted
living
program,
or
hospital
located
in
the
county
to
6
which
the
application
has
been
submitted
shall
be
delivered
7
the
appropriate
absentee
ballot
by
two
special
precinct
8
election
officers,
one
of
whom
shall
be
a
member
of
each
of
the
9
political
parties
referred
to
in
section
49.13
,
who
shall
be
10
appointed
by
the
commissioner
from
the
election
board
panel
11
for
the
special
precinct
established
by
section
53.20
.
The
12
special
precinct
election
officers
shall
be
sworn
in
the
manner
13
provided
by
section
49.75
for
election
board
members,
shall
14
receive
compensation
as
provided
in
section
49.20
,
and
shall
15
perform
their
duties
during
the
ten
calendar
days
after
the
16
ballots
are
printed
if
the
commissioner
so
elects,
during
the
17
fourteen
calendar
days
preceding
the
election,
and
on
election
18
day
if
all
ballots
requested
under
section
53.8,
subsection
3
,
19
have
not
previously
been
delivered
and
returned.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
electronic
delivery
of
absentee
24
ballots
to
certain
persons.
The
bill
requires
the
state
25
commissioner
of
elections
to
include
a
space
on
absentee
ballot
26
request
forms
for
a
voter
to
indicate
that
the
voter
wants
to
27
receive
an
electronic
absentee
ballot
because
the
voter
has
a
28
physical
disability
that
prevents
the
voter
from
reading
and
29
marking
a
physical
ballot
without
the
assistance
of
another
30
person.
If,
upon
receipt
of
an
absentee
ballot
request
form,
31
the
county
commissioner
of
elections
determines
that
the
voter
32
qualifies
to
receive
an
electronic
absentee
ballot,
the
county
33
commissioner
shall
transmit
an
electronic
absentee
ballot
34
to
the
voter
at
the
time
that
physical
absentee
ballots
are
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53
mailed.
If
the
county
commissioner
determines
that
the
voter
1
does
not
qualify
to
receive
an
electronic
absentee
ballot,
the
2
county
commissioner
shall
inform
the
voter
of
the
rejection,
3
the
reason
therefore,
and
that
the
voter
will
receive
a
4
physical
absentee
ballot.
5
The
bill
requires
an
electronic
absentee
ballot
to
be
6
transmitted
in
a
form
that
allows
the
voter
to
read
and
mark
7
the
ballot
using
a
personal
computer.
The
bill
then
requires
8
the
voter
to
print
the
absentee
ballot
and
return
it
in
the
9
same
manner
as
prescribed
for
physical
absentee
ballots.
The
10
bill
does
not
allow
a
voter
to
return
an
absentee
ballot
11
electronically.
The
bill
requires
the
state
commissioner
of
12
elections
to
adopt
rules
regarding
the
form,
transmission,
and
13
marking
of
electronic
absentee
ballots.
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