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 TLSB 1036XS (3) 89 ss/jh
S.F. 53 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 -1- LSB 1036XS (3) 89 ss/jh 1/ 4
S.F. 53 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 -2- LSB 1036XS (3) 89 ss/jh 2/ 4
S.F. 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 35 -3- LSB 1036XS (3) 89 ss/jh 3/ 4
S.F. 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. 14 -4- LSB 1036XS (3) 89 ss/jh 4/ 4