HF 543 (LSB 2480YH (2) 90)

HOUSE FILE 543

BY  THOMSON and DIEKEN

A BILL FOR

An Act requiring all ballots to be cast in secret, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 49.84, subsection 1, paragraph c, Code 2023, is amended to read as follows:
   c.  (1)  If the precinct has automatic tabulating equipment that will not permit more than one ballot to be inserted at a time, the voter may insert the ballot into the tabulating device; otherwise, the election official shall place the ballot in the ballot box. An identifying mark or symbol shall not be endorsed on the voter’s ballot.
   (2)  A voter shall not insert a ballot into the tabulating device or surrender a ballot to an election official to be placed in the ballot box unless one person from each political party who has been appointed to serve on a challenging committee pursuant to section 49.104, subsection 1, paragraph “b”, swears under penalty of perjury that the person has personal knowledge that the ballot was cast in secret only by the voter authorized to cast the ballot.
    Sec. 2.  Section 53.23, subsection 5, Code 2023, is amended to read as follows:
   5.  a.  The special precinct election board shall preserve the secrecy of all absentee and provisional ballots. After the affidavits on the envelopes have been reviewed and the qualifications of the persons casting the ballots have been determined, those that have been accepted for counting shall be opened not been rejected pursuant to section 53.25 shall be reviewed as provided in paragraph “b”. The 
   b.  After the special precinct election board has reviewed a ballot as provided in paragraph “a” and not rejected the ballot pursuant to section 53.25, one person from each political party serving as a challenger pursuant to subsection 4 shall swear under penalty of perjury that the person has personal knowledge that the ballot was cast in secret only by the voter who completed the affidavit on the envelope. Otherwise, the ballot shall be rejected.
   c.  After the ballots have been reviewed as provided in paragraph “b”, the ballots that have not been rejected shall be removed from the affidavit envelopes or return envelopes marked with the affidavit, as applicable, without being unfolded or examined, and then shall be thoroughly intermingled, after which they shall be unfolded and tabulated. If secrecy folders or envelopes are used with provisional paper ballots, the ballots shall be removed from the secrecy folders after the ballots have been intermingled.
    Sec. 3.  Section 53.25, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the envelope marked with the affidavit contains more than one ballot of any one kind, if the ballot was not cast in secret, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the ballot shall be rejected by the absentee and special voters precinct board.
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 secrecy of ballots. The bill requires that before a voter voting at the polls on election day surrenders a ballot to be tabulated, one person from each political party who has been appointed to serve on a challenging committee swears under penalty of perjury that that person has personal knowledge that the ballot was cast in secret only by the voter authorized to cast the ballot. The bill also requires that, after the special precinct election board has reviewed and not rejected an absentee or provisional ballot, before the ballot is separated from the affidavit envelope, one person from each political party serving as a challenger swears under penalty of perjury that that person has personal knowledge that the ballot was cast in secret only by the voter who completed the affidavit on the envelope. Otherwise, the bill requires the ballot to be rejected.
   A person who commits perjury is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.