H.F. 169 Section 1. Section 9E.6, subsection 2, paragraph b, Code 1 2023, is amended to read as follows: 2 b. The program participant shall complete the ballot and 3 return it to the state commissioner of elections, who shall 4 review the ballot in the manner provided by sections 53.18 5 and 53.19 if the return envelope is received in the state 6 commissioner’s office before the polls close on election day 7 close of business on the day before the election or is clearly 8 postmarked by an officially authorized postal service or bears 9 a postal service barcode traceable to a date of entry into the 10 federal mail system not later than the day before the election, 11 as provided in section 53.17A . If the materials comply 12 with the requirements of section 53.18 , the materials shall 13 be certified by the state commissioner of elections as the 14 ballot of a program participant, and shall be forwarded to the 15 appropriate county commissioner of elections for tabulation by 16 the special voters precinct election board appointed pursuant 17 to section 53.23 . 18 Sec. 2. Section 50.22, subsection 4, Code 2023, is amended 19 to read as follows: 20 4. The special precinct board shall also canvass any 21 absentee ballots which were received after the polls closed 22 close of business on the day before the election in accordance 23 with section 53.17 . If necessary, they shall reconvene again 24 on the day of the canvass by the board of supervisors to 25 canvass any absentee ballots which were timely received. The 26 special precinct board shall submit their tally list to the 27 supervisors before the conclusion of the canvass by the board. 28 Sec. 3. Section 50.24, subsection 2, Code 2023, is amended 29 to read as follows: 30 2. Upon convening, the board shall open and canvass the 31 tally lists and shall prepare abstracts stating the number of 32 votes cast in the county, or in that portion of the county 33 in which the election was held, for each office and on each 34 question on the ballot for the election. The board shall 35 -1- LSB 1602YH (6) 90 ss/ns 1/ 6

H.F. 169 contact the chairperson of the special precinct board before 1 adjourning and include in the canvass any write-in votes 2 tallied and recorded by the special precinct board or any 3 absentee ballots which were received after the polls closed 4 close of business on the day before the election in accordance 5 with section 53.17 and which were canvassed by the special 6 precinct board after election day. The abstract shall further 7 indicate the name of each person who received votes for each 8 office on the ballot, and the number of votes each person named 9 received for that office, and the number of votes for and 10 against each question submitted to the voters at the election. 11 The votes of all write-in candidates who each received less 12 than five percent of the votes cast for an office or who 13 each received fewer than ten votes and was not determined to 14 be elected shall be reported collectively under the heading 15 “scattering”. 16 Sec. 4. Section 53.17, subsection 1, paragraph a, Code 2023, 17 is amended to read as follows: 18 a. The sealed return envelope may be delivered by the 19 registered voter, by the voter’s designee, or by the special 20 precinct election officials designated pursuant to section 21 53.22, subsection 2 , to the commissioner’s office no later 22 than the time the polls are closed close of business on the 23 day before election day. However, if delivered by the voter’s 24 designee, the envelope shall be delivered within seventy-two 25 hours of retrieving it from the voter or before the closing of 26 the polls on election day, whichever is earlier. 27 Sec. 5. Section 53.17, subsection 1, paragraph c, 28 unnumbered paragraph 1, Code 2023, is amended to read as 29 follows: 30 The sealed return envelope may be delivered by a person 31 not prohibited to collect and deliver a completed ballot 32 pursuant to section 53.33 to a ballot drop box established by 33 the commissioner no later than the time the polls are closed 34 close of business on the day before election day. However, 35 -2- LSB 1602YH (6) 90 ss/ns 2/ 6

H.F. 169 if delivered by the voter’s designee, the envelope shall be 1 delivered within seventy-two hours of retrieving it from the 2 voter or before the closing of the polls on election day, 3 whichever is earlier. A commissioner is not required to 4 establish a ballot drop box. A ballot drop box must meet all 5 of the following requirements: 6 Sec. 6. Section 53.17, subsection 1, paragraph c, 7 subparagraph (5), Code 2023, is amended to read as follows: 8 (5) A ballot drop box shall be available no sooner than the 9 time that absentee ballots are allowed to be mailed pursuant 10 to section 53.8 . The ballot drop box shall be removed or 11 restricted from accepting deliveries immediately upon the 12 closure of polls close of business on the day before election 13 day. 14 Sec. 7. Section 53.17, subsection 2, Code 2023, is amended 15 to read as follows: 16 2. In order for the ballot to be counted, the return 17 envelope must be received in the commissioner’s office before 18 the polls close on election close of business on the day before 19 election day. 20 Sec. 8. Section 53.17, subsection 4, paragraph f, Code 2023, 21 is amended to read as follows: 22 f. A statement that the completed absentee ballot will 23 be delivered to the commissioner’s office within seventy-two 24 hours of retrieving it from the voter or before the closing of 25 the polls close of business on the day before election day, 26 whichever is earlier, or that the completed absentee ballot 27 will be mailed to the commissioner within seventy-two hours of 28 retrieving it from the voter. 29 Sec. 9. Section 53.17A, subsection 3, Code 2023, is amended 30 to read as follows: 31 3. a. An absentee ballot received after the polls close 32 of business on the day before election day but prior to 33 the official canvass shall be counted if the commissioner 34 determines that the ballot entered the federal mail system by 35 -3- LSB 1602YH (6) 90 ss/ns 3/ 6

H.F. 169 the deadline specified in section 53.17 or 53.22 . The date of 1 entry of such an absentee ballot into the federal mail system 2 shall only be verified as provided in paragraph “b” . 3 b. (1) If the postmark indicates that the absentee ballot 4 entered the federal mail system by the deadline specified 5 in section 53.17 or 53.22 , the ballot shall be included for 6 canvass by the absentee and special voters precinct board. 7 (2) If the postmark is illegible, missing, or dated on or 8 after election day, the commissioner shall attempt to verify 9 the ballot’s date of entry into the federal mail system by 10 querying the postal service barcode in the tracking information 11 database. If the tracking information database indicates that 12 the absentee ballot entered the federal mail system by the 13 deadline specified in section 53.17 or 53.22 , the ballot shall 14 be included for canvass by the absentee and special voters 15 precinct board. The commissioner shall provide a report to 16 the absentee and special voters precinct board regarding the 17 information available in the tracking information database. 18 (3) If there is a discrepancy between the date indicated by 19 the postmark and the postal service barcode, the earlier of the 20 two shall determine the date of entry of the absentee ballot 21 into the federal mail system. 22 (4) (a) If neither the postmark nor the postal service 23 barcode indicates that the absentee ballot entered the federal 24 mail system by the deadline specified in section 53.17 or 25 53.22 , the absentee ballot shall be sent to the absentee 26 and special voters precinct board pursuant to subparagraph 27 division (b) with the numeric value assigned to the postal 28 service barcode and a full report from the tracking information 29 database. 30 (b) Up to five absentee and special voters precinct board 31 members from each political party for partisan elections, 32 or any two members of the board for nonpartisan elections, 33 shall review the postal service barcode and tracking database 34 information report of each absentee ballot submitted pursuant 35 -4- LSB 1602YH (6) 90 ss/ns 4/ 6

H.F. 169 to subparagraph division (a) and certify that the tracking 1 information database report corresponds to the absentee ballot 2 by initialing the report and the absentee ballot envelope. 3 If the board concludes that the postal service barcode and 4 tracking information database report verify that the absentee 5 ballot entered the federal mail system by the deadline 6 specified in section 53.17 or 53.22 , the ballot shall be 7 counted. Otherwise, the ballot shall not be counted. 8 Sec. 10. Section 53.18, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. If the commissioner receives the return envelope 11 containing the completed absentee ballot by 5:00 p.m. on the 12 Saturday before the election for general elections and by 5:00 13 p.m. on the Friday before the election for all other elections, 14 the commissioner shall review the affidavit marked on the 15 return envelope, if applicable, for completeness or shall open 16 the return envelope to review the affidavit for completeness. 17 If the affidavit lacks the signature of the registered voter, 18 the commissioner shall, within twenty-four hours of the receipt 19 of the envelope, notify the voter of the deficiency and inform 20 the voter that the voter may vote a replacement ballot as 21 provided in subsection 3 , cast a ballot as provided in section 22 53.19, subsection 3 , or complete the affidavit in person at 23 the office of the commissioner not later than the time polls 24 close on election day close of business on the day before the 25 election . 26 Sec. 11. Section 53.23, subsection 5, Code 2023, is amended 27 to read as follows: 28 5. a. The special precinct election board shall preserve 29 the secrecy of all absentee and provisional ballots. After 30 the affidavits on the envelopes have been reviewed and the 31 qualifications of the persons casting the ballots have been 32 determined, those that have been accepted for counting shall 33 be opened. The ballots shall be removed from the affidavit 34 envelopes or return envelopes marked with the affidavit, as 35 -5- LSB 1602YH (6) 90 ss/ns 5/ 6

H.F. 169 applicable, without being unfolded or examined, and then shall 1 be thoroughly intermingled, after which they shall be unfolded 2 and tabulated. If secrecy folders or envelopes are used with 3 provisional paper ballots, the ballots shall be removed from 4 the secrecy folders after the ballots have been intermingled. 5 b. The board shall not tabulate absentee ballots in excess 6 of the number reported received by the commissioner as of 7 the close of business on the day before the election. This 8 paragraph does not apply to a ballot cast pursuant to section 9 9E.6 or sections 53.37 through 53.53. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the casting and canvassing of absentee 14 ballots. The bill requires absentee ballots to be received 15 in the office of the county commissioner of elections before 16 the close of business on the day before the election. Under 17 current law, absentee ballots must be received in the office 18 of the county commissioner of elections by the time the polls 19 close on election day. The bill does not amend the deadline 20 under current law for the receipt of absentee ballots from 21 confined persons. 22 The bill prohibits the special precinct election board 23 from tabulating absentee ballots in excess of the number 24 reported received by the commissioner as of the close of 25 business on the day before the election, except for ballots 26 cast by participants in the address confidentiality program or 27 uniformed and overseas citizens. 28 -6- LSB 1602YH (6) 90 ss/ns 6/ 6