House File 91 - Introduced HOUSE FILE 91 BY GOLDING A BILL FOR An Act relating to the duties of the secretary of state, 1 including the address confidentiality program and the 2 conduct of elections, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1755YH (2) 91 ss/ns
H.F. 91 DIVISION I 1 ADDRESS CONFIDENTIALITY PROGRAM 2 Section 1. Section 9E.3, subsection 1, paragraphs e and f, 3 Code 2025, are amended to read as follows: 4 e. The residential address of the eligible person, 5 disclosure of which could lead to an increased risk of domestic 6 abuse, domestic abuse assault, sexual abuse, assault, stalking, 7 or human trafficking. If the eligible person’s residential 8 address is a shelter known to the program, the applicant may 9 provide the shelter’s name and other contact information in 10 lieu of the shelter’s physical address. 11 f. If mail cannot be delivered to the residential address of 12 the eligible person, the address to which mail can be sent to 13 the eligible person. If the eligible person’s mailing address 14 is a shelter known to the program, the applicant may provide 15 the shelter’s name and other contact information in lieu of the 16 shelter’s physical address. 17 Sec. 2. Section 9E.4, subsection 2, Code 2025, is amended 18 to read as follows: 19 2. The secretary shall cancel a program participant’s 20 certification if the for any of the following reasons: 21 a. The program participant’s application contains false 22 information. 23 b. The secretary receives information from a reliable source 24 that the program participant has died. 25 Sec. 3. Section 9E.5, subsection 3, Code 2025, is amended 26 to read as follows: 27 3. The secretary shall forward all mail sent to the 28 designated address to the program participant. At the request 29 of the program participant, the secretary may hold the program 30 participant’s mail for up to thirty days. 31 Sec. 4. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 DIVISION II 34 CANDIDATE ELIGIBILITY OBJECTIONS 35 -1- LSB 1755YH (2) 91 ss/ns 1/ 20
H.F. 91 Sec. 5. Section 43.18, subsection 9, Code 2025, is amended 1 to read as follows: 2 9. A For a candidate for an office other than a federal 3 office, a statement that the candidate is aware that the 4 candidate is disqualified from holding office if the candidate 5 has been convicted of a felony or other infamous crime and the 6 candidate’s rights have not been restored by the governor or by 7 the president of the United States. 8 Sec. 6. Section 43.24, subsection 1, Code 2025, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . c. Objections to the eligibility of a 11 candidate for a federal office shall not be sustained unless 12 the objection is limited to the legal sufficiency of the 13 nomination petition or certificate of nomination, or to the 14 residency, age, or citizenship requirements as described in the 15 Constitution of the United States. 16 Sec. 7. Section 44.3, subsection 2, paragraph i, Code 2025, 17 is amended to read as follows: 18 i. A For a candidate for an office other than a federal 19 office, a statement that the candidate is aware that the 20 candidate is disqualified from holding office if the candidate 21 has been convicted of a felony or other infamous crime and the 22 candidate’s rights have not been restored by the governor or by 23 the president of the United States. 24 Sec. 8. Section 44.6, Code 2025, is amended to read as 25 follows: 26 44.6 Hearing before state commissioner. 27 Objections filed with the state commissioner shall be 28 considered by the secretary of state and auditor of state and 29 attorney general, and a majority decision shall be final. 30 However, if the objection is to the certificate of nomination 31 of one or more of the above named officers, the officer or 32 officers objected to shall not pass upon the objection, but 33 their places shall be filled, respectively, by the treasurer 34 of state, the governor, and the secretary of agriculture. 35 -2- LSB 1755YH (2) 91 ss/ns 2/ 20
H.F. 91 Objections relating to incorrect or incomplete information 1 for information that is required under section 44.3 shall be 2 sustained. Objections to the eligibility of a candidate for 3 a federal office shall not be sustained unless the objection 4 is limited to the legal sufficiency of the nomination petition 5 or certificate of nomination, or to the residency, age, or 6 citizenship requirements as described in the Constitution of 7 the United States. 8 Sec. 9. Section 45.3, subsection 9, Code 2025, is amended 9 to read as follows: 10 9. A For a candidate for an office other than a federal 11 office, a statement that the candidate is aware that the 12 candidate is disqualified from holding office if the candidate 13 has been convicted of a felony or other infamous crime and the 14 candidate’s rights have not been restored by the governor or by 15 the president of the United States. 16 Sec. 10. Section 54.5, Code 2025, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5. An objection to a nomination made under 19 this section on any grounds other than the legal sufficiency 20 of the certificate of nomination shall not be sustained. The 21 certificate of nomination shall be presumed valid. 22 Sec. 11. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 DIVISION III 25 RANKED CHOICE VOTING 26 Sec. 12. Section 49.93, Code 2025, is amended to read as 27 follows: 28 49.93 Number of votes for each office. 29 1. For an office to which one person is to be elected, a 30 voter shall not vote for more than one candidate. If two or 31 more persons are to be elected to an office, the voter shall 32 vote for no more than the number of persons to be elected. If a 33 person votes for more than the permitted number of candidates, 34 the vote for that office shall not count. Valid votes cast on 35 -3- LSB 1755YH (2) 91 ss/ns 3/ 20
H.F. 91 the rest of the ballot shall be counted. 1 2. a. An election in this state shall not be conducted 2 using ranked choice voting or instant runoff voting. 3 b. For the purposes of this subsection, “ranked choice 4 voting” or “instant runoff voting” means a method of casting and 5 tabulating votes in which a voter ranks candidates in order of 6 preference, tabulation of ballots proceeds in rounds such that 7 in each round either a candidate is elected or the candidate 8 receiving the fewest votes is defeated, votes are transferred 9 from elected or defeated candidates to a voter’s next-ranked 10 candidate in order of preference, and tabulation ends when a 11 candidate receives the majority of votes cast or the number of 12 candidates elected equals the number of offices to be filled, 13 as applicable. 14 Sec. 13. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2026. 16 DIVISION IV 17 ABSENT VOTERS 18 Sec. 14. Section 39A.4, subsection 1, paragraph c, 19 subparagraphs (10) and (11), Code 2025, are amended to read as 20 follows: 21 (10) Returning a voted absentee ballot by mail , to a ballot 22 drop box, or in person , to the commissioner’s office and the 23 person returning the ballot is a person prohibited to collect 24 and deliver a completed ballot pursuant to section 53.33 . 25 (11) Making a false or untrue statement reporting that 26 a voted absentee ballot was returned to the commissioner’s 27 office, by mail or in person, or to a ballot drop box, by a 28 person prohibited to collect and deliver a completed ballot 29 pursuant to section 53.33 . 30 Sec. 15. NEW SECTION . 53.1B Definitions. 31 For purposes of this subchapter, unless the context 32 otherwise requires: 33 1. “Affidavit envelope” means an envelope that includes 34 a serial number and bears on the back an affidavit for a 35 -4- LSB 1755YH (2) 91 ss/ns 4/ 20
H.F. 91 registered voter to mark the registered voter’s signature and 1 voter verification number in a form prescribed by the state 2 commissioner. 3 2. “Delivery envelope” means an envelope that bears on its 4 face the name and address of the registered voter requesting an 5 absentee ballot, the words “county commissioner of elections”, 6 the address of the commissioner’s office, and the same serial 7 number that appears on the affidavit envelope and return 8 envelope. 9 3. “Return envelope” means an envelope that is addressed 10 to the commissioner’s office, bears appropriate return postage 11 or a postal permit guaranteeing that the commissioner will pay 12 the return postage, and includes the same serial number as the 13 affidavit envelope and delivery envelope. 14 4. “Secrecy envelope” means an envelope, folder, or sleeve 15 that hides all votes on a ballot when folded. 16 Sec. 16. Section 53.4, subsection 1, paragraph c, 17 subparagraph (2), Code 2025, is amended by striking the 18 subparagraph. 19 Sec. 17. Section 53.8, subsection 1, Code 2025, is amended 20 to read as follows: 21 1. a. Upon receipt of an application for an absentee ballot 22 and immediately after the absentee ballots are printed, but 23 not more than twenty twenty-two days before the election, the 24 commissioner shall mail an absentee ballot to the applicant 25 within twenty-four hours, except as otherwise provided in 26 subsection 3 . The absentee ballot shall be sent to the 27 registered voter by one of the following methods: enclosed 28 in an unsealed affidavit envelope. The absentee ballot and 29 affidavit envelope shall be enclosed in or with an unsealed 30 return envelope. The absentee ballot, affidavit envelope, and 31 return envelope shall be enclosed in the delivery envelope. If 32 the ballot cannot be folded so that all the votes on the ballot 33 will be hidden, the commissioner shall also enclose a secrecy 34 envelope with the absentee ballot. 35 -5- LSB 1755YH (2) 91 ss/ns 5/ 20
H.F. 91 (1) The absentee ballot shall be enclosed in an unsealed 1 envelope marked with a serial number and affidavit. The 2 absentee ballot and affidavit envelope shall be enclosed in 3 or with an unsealed return envelope marked postage paid which 4 bears the same serial number as the affidavit envelope. The 5 absentee ballot, affidavit envelope, and return envelope shall 6 be enclosed in a third envelope to be sent to the registered 7 voter. If the ballot cannot be folded so that all of the votes 8 cast on the ballot will be hidden, the commissioner shall also 9 enclose a secrecy envelope with the absentee ballot. 10 (2) The absentee ballot shall be enclosed in an unsealed 11 return envelope marked with a serial number and affidavit 12 and marked postage paid. The absentee ballot and return 13 envelope shall be enclosed in a second envelope to be sent 14 to the registered voter. If the ballot cannot be folded so 15 that all of the votes cast on the ballot will be hidden, the 16 commissioner shall also enclose a secrecy envelope with the 17 absentee ballot. 18 b. The affidavit shall be marked on the appropriate envelope 19 in a form prescribed by the state commissioner of elections 20 registered voter requesting and receiving an absentee ballot 21 shall subscribe to the affidavit by signing and marking the 22 registered voter’s voter verification number on the affidavit 23 envelope . 24 c. All domestic return envelope flaps or backs shall also 25 be printed or stamped with a notice of the deadline to return a 26 completed absentee ballot and the manner to track the status of 27 the ballot in a form prescribed by the state commissioner. 28 c. d. For envelopes mailed at any election other than the 29 primary election, the commissioner shall not mark any envelope 30 with any information related to the party affiliation of the 31 applicant. 32 Sec. 18. Section 53.8, subsection 2, paragraph a, Code 2025, 33 is amended to read as follows: 34 a. The commissioner shall enclose with the absentee ballot 35 -6- LSB 1755YH (2) 91 ss/ns 6/ 20
H.F. 91 a statement informing the applicant that the sealed return 1 envelope may be mailed to the commissioner by the registered 2 voter or a person not prohibited to collect and deliver a 3 completed ballot pursuant to section 53.33 , may be returned to 4 a drop box established by the commissioner pursuant to section 5 53.17, subsection 1 , by the registered voter or a person not 6 prohibited to collect and deliver a completed ballot pursuant 7 to section 53.33 , only if the commissioner has established 8 such a drop box, or may be personally delivered to the 9 commissioner’s office by the registered voter or a person not 10 prohibited to collect and deliver a completed ballot pursuant 11 to section 53.33 . The statement shall also inform the voter 12 that the voter may request that the person not prohibited to 13 collect and deliver a completed ballot pursuant to section 14 53.33 complete a receipt when retrieving the ballot from the 15 voter. A blank receipt shall be enclosed with the absentee 16 ballot. 17 Sec. 19. Section 53.10, subsection 2, paragraph a, Code 18 2025, is amended to read as follows: 19 a. Each person who wishes to vote by absentee ballot at 20 the commissioner’s office shall first sign an application for 21 a ballot including the following information: name, current 22 address, voter verification number, and the election for which 23 the ballot is requested. The person may report a change of 24 address or other information on the person’s voter registration 25 record at that time. Prior to furnishing a ballot, the 26 commissioner shall verify the person’s identity as provided 27 in section 49.78 . The registered voter shall immediately 28 mark the ballot; enclose the ballot in a secrecy envelope, 29 if necessary, and seal it the ballot in the envelope marked 30 with the affidavit envelope ; subscribe to the affidavit on 31 the reverse side of the envelope by signing and marking the 32 registered voter’s voter verification number ; and return the 33 sealed affidavit envelope containing the absentee ballot to 34 the commissioner. The commissioner shall record the numbers 35 -7- LSB 1755YH (2) 91 ss/ns 7/ 20
H.F. 91 appearing on the application and affidavit envelope along with 1 the name of the registered voter. 2 Sec. 20. Section 53.12, Code 2025, is amended by striking 3 the section and inserting in lieu thereof the following: 4 53.12 Duty of commissioner. 5 The commissioner shall affix to the application the same 6 serial number that appears on the affidavit envelope, return 7 envelope, and delivery envelope. 8 Sec. 21. Section 53.16, Code 2025, is amended by striking 9 the section and inserting in lieu thereof the following: 10 53.16 Subscribing to affidavit. 11 After marking the ballot, the voter shall enclose the ballot 12 in a secrecy envelope, if necessary, and seal the ballot in 13 the affidavit envelope; subscribe to the affidavit by signing 14 and marking the registered voter’s voter verification number; 15 place the sealed affidavit envelope in the return envelope; and 16 securely seal the return envelope. 17 Sec. 22. Section 53.17, subsection 1, unnumbered paragraph 18 1, Code 2025, is amended to read as follows: 19 If the commissioner mailed the ballot pursuant to section 20 53.8, subsection 1 , paragraph “a” , subparagraph (1), the sealed 21 envelope bearing the voter’s affidavit and containing the 22 absentee ballot shall be enclosed in a return envelope which 23 shall be securely sealed. If the commissioner mailed the 24 ballot pursuant to section 53.8, subsection 1 , paragraph “a” , 25 subparagraph (2), the absentee ballot shall be enclosed in the 26 return envelope which shall be securely sealed. The sealed 27 return envelope shall be returned to the commissioner by one of 28 the following methods: 29 Sec. 23. Section 53.17, subsection 1, paragraph a, Code 30 2025, is amended to read as follows: 31 a. The sealed return envelope may be delivered by the 32 registered voter, by the voter’s designee, or by the special 33 precinct election officials designated pursuant to section 34 53.22, subsection 2 , to the commissioner’s office no later 35 -8- LSB 1755YH (2) 91 ss/ns 8/ 20
H.F. 91 than the time the polls are closed 5:00 p.m. on the day before 1 election day. However, if delivered by the voter’s designee, 2 the envelope shall be delivered within seventy-two hours of 3 retrieving it from the voter or by 5:00 p.m. on the day before 4 the closing of the polls on election day, whichever is earlier. 5 Sec. 24. Section 53.17, subsection 1, paragraph c, Code 6 2025, is amended by striking the paragraph. 7 Sec. 25. Section 53.17, subsection 2, Code 2025, is amended 8 to read as follows: 9 2. In order for the ballot to be counted, the return 10 envelope must be received in the commissioner’s office by 5:00 11 p.m. on the day before the polls close on election day and 12 recorded as received by the commissioner by 11:59 p.m. on the 13 day before election day . 14 Sec. 26. Section 53.17, subsection 4, paragraph e, Code 15 2025, is amended to read as follows: 16 e. A statement that the completed absentee ballot will be 17 delivered to the commissioner’s office within seventy-two hours 18 of retrieving it from the voter or by the close of business 19 on the day before the closing of the polls on election day, 20 whichever is earlier. 21 Sec. 27. Section 53.17A, subsection 3, paragraph a, Code 22 2025, is amended to read as follows: 23 a. An absentee ballot received after the polls close 24 of business on the day before election day but prior to 25 the official canvass shall be counted if the commissioner 26 determines that the ballot entered the federal mail system by 27 the deadline specified in section 53.17 or 53.22 . The date of 28 entry of such an absentee ballot into the federal mail system 29 shall only be verified as provided in paragraph “b” . 30 Sec. 28. Section 53.18, subsections 2 and 3, Code 2025, are 31 amended to read as follows: 32 2. If the commissioner receives the return envelope 33 containing the completed absentee ballot by 5:00 p.m. on the 34 Saturday before the election for general elections and by 5:00 35 -9- LSB 1755YH (2) 91 ss/ns 9/ 20
H.F. 91 p.m. on the Friday before the election for all other elections, 1 the commissioner shall review the affidavit marked on the 2 return envelope, if applicable, for completeness or shall open 3 the return envelope to review the affidavit for completeness 4 open the return envelope, if applicable, and review the 5 affidavit marked on the affidavit envelope for completeness . 6 If the affidavit lacks the signature or voter verification 7 number of the registered voter, the commissioner shall, within 8 twenty-four hours of the receipt of the envelope, notify the 9 voter of the deficiency and inform the voter that the voter may 10 vote a replacement ballot as provided in subsection 3 , cast a 11 ballot as provided in section 53.19, subsection 3 , or complete 12 the affidavit in person at the office of the commissioner not 13 later than the time polls close on election day. 14 3. If the affidavit envelope or the return envelope marked 15 with the affidavit contains a defect that would cause the 16 absentee ballot to be rejected by the absentee and special 17 voters precinct board, the commissioner shall immediately 18 notify the voter of that fact and that the voter’s absentee 19 ballot shall not be counted unless the voter requests and 20 returns a replacement ballot in the time permitted under 21 section 53.17, subsection 2 . For the purposes of this section , 22 a return an affidavit envelope marked with the affidavit 23 shall be considered to contain a defect if it appears to 24 the commissioner that the signature on the envelope has been 25 signed by someone other than the registered voter, in comparing 26 the signature on the envelope to the signature on record of 27 the registered voter named on the envelope. A signature or 28 marking made in accordance with section 39.3, subsection 29 17 , shall not be considered a defect for purposes of this 30 section the voter verification number provided does not match 31 the voter verification number associated with the voter’s 32 voter registration . The voter may request a replacement 33 ballot in person, in writing, or over the telephone. The 34 same serial number that was assigned to the records of the 35 -10- LSB 1755YH (2) 91 ss/ns 10/ 20
H.F. 91 original absentee ballot application shall be used on the 1 envelope envelopes and records of the replacement ballot. The 2 affidavit envelope marked with the affidavit and containing 3 the completed replacement ballot shall be marked “Replacement 4 ballot”. The affidavit envelope marked with the affidavit and 5 containing the original ballot shall be marked “Defective” and 6 the “Defective”. The replacement ballot shall be attached to 7 such the affidavit envelope containing the original ballot and 8 shall be stored in a secure place until they are delivered to 9 the absentee and special voters precinct board, notwithstanding 10 sections 53.26 and 53.27 . 11 Sec. 29. Section 53.19, subsection 1, Code 2025, is amended 12 to read as follows: 13 1. The commissioner shall maintain a list of the absentee 14 ballots provided to registered voters, the serial number 15 appearing on the unsealed envelope, the date the application 16 for the absentee ballot was received, the date the absentee 17 ballot was sent to the registered voter requesting the absentee 18 ballot, the date the absentee ballot was received by the 19 commissioner, the date the absentee ballot outer envelope was 20 opened, and whether the ballot was delivered by mail , or in 21 person, to a ballot drop box, or cast in person at a satellite 22 location. The information under this subsection shall be 23 reported separately at the same time as the information 24 reported under section 53.30, subsection 3 . 25 Sec. 30. Section 53.21, subsection 2, paragraph b, Code 26 2025, is amended to read as follows: 27 b. The voter shall enclose one copy of the above statement 28 in the return envelope along with the affidavit envelope, if 29 the voter was mailed a separate affidavit envelope, and shall 30 retain a copy for the voter’s records. 31 Sec. 31. Section 53.23, subsection 3, paragraph b, 32 subparagraph (1), Code 2025, is amended to read as follows: 33 (1) The commissioner may direct the board to meet on the day 34 before the election for the purpose of reviewing the absentee 35 -11- LSB 1755YH (2) 91 ss/ns 11/ 20
H.F. 91 voters’ affidavits appearing on the sealed envelopes. If in 1 the commissioner’s judgment this procedure is necessary due 2 to the number of absentee ballots received, the members of 3 the board may open the sealed affidavit envelopes and remove 4 the secrecy envelope containing the ballot, but under no 5 circumstances shall a secrecy envelope or a return an affidavit 6 envelope marked with an affidavit be opened before the board 7 convenes on election day, except as provided in paragraph 8 “c” . If the affidavit envelopes are opened before election 9 day pursuant to this paragraph “b” , the observers appointed 10 by each political party, as defined in section 43.2 , shall 11 witness the proceedings. Each political party may appoint up 12 to five observers under this paragraph “b” . The observers 13 shall be appointed by the county chairperson or, if the 14 county chairperson fails to make an appointment, by the state 15 chairperson. However, if either or both political parties fail 16 to appoint an observer, the commissioner may continue with the 17 proceedings. 18 Sec. 32. Section 53.23, subsection 5, Code 2025, is amended 19 to read as follows: 20 5. The special precinct election board shall preserve the 21 secrecy of all absentee and provisional ballots. After the 22 affidavits on the affidavit envelopes have been reviewed and 23 the qualifications of the persons casting the ballots have been 24 determined, those that have been accepted for counting shall 25 be opened. The ballots shall be removed from the affidavit 26 envelopes or return envelopes marked with the affidavit, as 27 applicable, without being unfolded or examined, and then shall 28 be thoroughly intermingled, after which they shall be unfolded 29 and tabulated. If secrecy folders or envelopes are used with 30 provisional paper ballots, the ballots shall be removed from 31 the secrecy folders envelopes after the ballots have been 32 intermingled. 33 Sec. 33. Section 53.25, subsection 1, paragraph a, Code 34 2025, is amended to read as follows: 35 -12- LSB 1755YH (2) 91 ss/ns 12/ 20
H.F. 91 a. If the absentee voter’s affidavit lacks the voter’s 1 signature or voter verification number , if the applicant is 2 not a duly registered voter on election day in the precinct 3 where the absentee ballot was cast, if the affidavit envelope 4 marked with the affidavit contains more than one ballot of any 5 one kind, or if the voter has voted in person, such vote shall 6 be rejected by the absentee and special voters precinct board. 7 If the affidavit envelope or return envelope marked with the 8 affidavit is open, or has been opened and resealed, or if the 9 ballot is not enclosed in such the affidavit envelope, and an 10 affidavit envelope or return envelope marked with the affidavit 11 with the same serial number and marked “Replacement ballot” is 12 not attached as provided in section 53.18 , the ballot shall be 13 rejected by the absentee and special voters precinct board. 14 Sec. 34. Section 53.25, subsection 2, Code 2025, is amended 15 to read as follows: 16 2. If the absentee or provisional ballot is rejected prior 17 to the opening of the affidavit envelope or return envelope 18 marked with the affidavit , the voter casting the ballot shall 19 be notified by a precinct election official by the time the 20 canvass is completed of the reason for the rejection on a form 21 prescribed by the state commissioner of elections. 22 Sec. 35. Section 53.30, subsection 2, Code 2025, is amended 23 to read as follows: 24 2. At the conclusion of each meeting of the absentee and 25 special voters precinct board, the board shall securely seal 26 all ballots counted by them in the manner prescribed in section 27 50.12 . The ballot envelopes, including the affidavit envelope 28 if an affidavit envelope was provided , the return envelope, and 29 secrecy envelope bearing the signatures of precinct election 30 officials, as required by section 53.23 , shall be preserved. 31 All applications for absentee ballots, ballots rejected without 32 being opened, absentee ballot logs, and any other documents 33 pertaining to the absentee ballot process shall be preserved 34 until such time as the documents may be destroyed pursuant to 35 -13- LSB 1755YH (2) 91 ss/ns 13/ 20
H.F. 91 section 50.19 . 1 Sec. 36. Section 53.32, Code 2025, is amended to read as 2 follows: 3 53.32 Ballot of deceased voter. 4 When it shall be made to appear by due proof to the precinct 5 election officials that any elector, who has so marked and 6 forwarded a ballot, has died before the envelope marked with 7 the affidavit envelope is opened, then the ballot of such 8 deceased voter shall be endorsed, “Rejected because voter is 9 dead”, and be returned to the commissioner. The casting of the 10 ballot of a deceased voter shall not invalidate the election. 11 Sec. 37. Section 53.33, subsection 7, paragraph a, Code 12 2025, is amended to read as follows: 13 a. Deliver the completed absentee ballot in person to the 14 commissioner’s office. The delivery agent shall not deliver 15 the completed absentee ballot by mail or to a ballot drop box . 16 Sec. 38. EFFECTIVE DATE. This division of this Act takes 17 effect January 1, 2026. 18 DIVISION V 19 PERSONS PERMITTED IN VOTING BOOTHS 20 Sec. 39. Section 49.88, subsection 3, Code 2025, is amended 21 to read as follows: 22 3. A person standing for election on the ballot before a 23 voter shall not occupy commits a violation of this section by 24 occupying the voting booth with the voter, including to assist 25 the voter. 26 Sec. 40. Section 49.90, Code 2025, is amended to read as 27 follows: 28 49.90 Assisting voter. 29 1. Any voter who may declare upon oath that the voter is 30 blind, cannot read the English language, or is, by reason of 31 any physical disability other than intoxication, unable to cast 32 a vote without assistance, shall, upon request, be assisted by 33 the two officers as provided in section 49.89 , or alternatively 34 by any other person the voter may select in casting the vote, 35 -14- LSB 1755YH (2) 91 ss/ns 14/ 20
H.F. 91 except that the voter shall not select a person standing for 1 election on the ballot. The officers, or the person selected 2 by the voter, shall cast the vote of the voter requiring 3 assistance, and shall thereafter give no information regarding 4 the vote cast. If any elector because of a disability cannot 5 enter the building where the polling place for the elector’s 6 precinct of residence is located, the two officers shall take 7 a paper ballot to the vehicle occupied by the elector with 8 a disability and allow the elector to cast the ballot in 9 the vehicle. Ballots cast by voters with disabilities shall 10 be deposited in the regular ballot box, or inserted in the 11 tabulating device, and counted in the usual manner. 12 2. A person standing for election on the ballot before a 13 voter commits a violation of section 49.88 by occupying the 14 voting booth with the voter. 15 Sec. 41. EFFECTIVE DATE. This division of this Act takes 16 effect January 1, 2026. 17 DIVISION VI 18 VOTER REGISTRATION DATABASE PILOT PROGRAM 19 Sec. 42. NEW SECTION . 47.7A Statewide voter registration 20 database verification pilot program. 21 1. A statewide voter registration database verification 22 pilot program is established within the office of the state 23 registrar as follows: 24 a. The state registrar shall contract with a third-party 25 vendor to develop or provide a program to allow the state 26 registrar to verify the status of records in the statewide 27 voter registration file and identify ineligible voters on an 28 ongoing basis. 29 b. During the first quarter of the calendar year 2026, 30 the state registrar shall utilize the program developed or 31 provided by the third-party vendor to verify the status of 32 records in the statewide voter registration file. The state 33 registrar shall forward the results of the analysis to each 34 county commissioner of registration prior to the date reports 35 -15- LSB 1755YH (2) 91 ss/ns 15/ 20
H.F. 91 are required to be submitted pursuant to section 48A.40. 1 c. The state registrar shall evaluate the efficacy and 2 cost of the pilot program as compared to the current method 3 of verifying the list of voters in the statewide voter 4 registration file. 5 2. This section is repealed December 31, 2028. 6 DIVISION VII 7 COUNTY HOSPITAL BOARD OF TRUSTEES 8 Sec. 43. Section 347.9, subsection 3, Code 2025, is amended 9 by striking the subsection. 10 Sec. 44. TRANSITION. This division of this Act does not 11 alter the term of office of a trustee elected to a county 12 public hospital board of trustees prior to the effective date 13 of this division of this Act. 14 Sec. 45. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2026. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to duties of the secretary of state, 20 including the address confidentiality program and the conduct 21 of elections. The bill is organized in divisions. 22 DIVISION I —— ADDRESS CONFIDENTIALITY PROGRAM. This 23 division relates to the address confidentiality program, which 24 provides mail forwarding services to persons who are victims of 25 domestic abuse, domestic abuse assault, sexual abuse, assault, 26 stalking, or human trafficking, or who fear for their own 27 safety or the safety of a household member. The bill allows 28 the secretary of state to accept as a program participant’s 29 mailing address the name and other contact information of 30 a shelter in lieu of the shelter’s physical address, to 31 cancel a deceased participant’s certification, and to hold a 32 participant’s mail for up to 30 days at the request of the 33 participant. 34 This division takes effect upon enactment. 35 -16- LSB 1755YH (2) 91 ss/ns 16/ 20
H.F. 91 DIVISION II —— CANDIDATE ELIGIBILITY OBJECTIONS. This 1 division relates to the nomination of candidates for federal 2 office. The bill exempts candidates for federal office from 3 the requirement that a candidate sign a statement that the 4 candidate is aware that the candidate is disqualified from 5 holding office if the candidate has been convicted of a felony 6 or other infamous crime and the candidate’s rights have not 7 been restored by the governor or by the president of the United 8 States. The bill limits objections to the eligibility of a 9 candidate for a federal office that may be filed with the 10 state commissioner of elections to objections to the legal 11 sufficiency of the nomination petition or certificate of 12 election, or to the residency, age, or citizenship requirements 13 as described in the United States Constitution. With 14 respect to nominations for president or vice president of the 15 United States, the bill allows objections only to the legal 16 sufficiency of the certificate of nomination. The certificate 17 of nomination shall be presumed valid. 18 This division takes effect upon enactment. 19 DIVISION III —— RANKED CHOICE VOTING. This division relates 20 to the use of ranked choice and instant runoff voting for 21 elections in this state. The bill prohibits ranked choice and 22 instant runoff voting, defined in the bill as a system in which 23 voters rank multiple candidates for a single office in order of 24 preference and candidates are eliminated and votes transferred 25 between candidates in a series of rounds, from being used to 26 cast or tabulate ballots in any election in this state. 27 This division takes effect January 1, 2026. 28 DIVISION IV —— ABSENT VOTERS. This division relates to 29 the casting of ballots by absent voters. The bill strikes 30 provisions allowing a county commissioner of elections to 31 establish drop boxes to which a person can return an absentee 32 ballot. 33 The bill requires an absentee ballot that is mailed to a 34 voter to be enclosed in an unsealed affidavit envelope and with 35 -17- LSB 1755YH (2) 91 ss/ns 17/ 20
H.F. 91 or in an unsealed return envelope, which shall then be enclosed 1 in the delivery envelope. If the ballot cannot be folded so 2 that all the votes on the ballot will be hidden, the bill 3 requires the commissioner to also send a secrecy envelope. The 4 bill requires a registered voter to subscribe to an affidavit 5 on an affidavit envelope by signing the envelope and writing 6 the voter’s voter verification number. The bill also requires 7 return envelopes to have printed on them the deadline to return 8 the ballot and the manner to track the status of the ballot. 9 The bill strikes a requirement that an affidavit envelope 10 be considered to contain a defect if it appears to the county 11 commissioner of elections that it was signed by a person other 12 than the voter. The bill adds a requirement that an affidavit 13 envelope be considered to contain a defect if the voter 14 verification number on the envelope does not match the voter 15 verification number on file for the voter. 16 The bill strikes certain requirements regarding what 17 materials a commissioner shall include with an absentee ballot 18 and instead requires a commissioner to put the same serial 19 number on the affidavit, return, and delivery envelopes. 20 The bill requires all mailed absentee ballots to include an 21 affidavit envelope. The bill also requires the absentee and 22 special voters precinct board to reject an absentee ballot 23 if the affidavit envelope does not include the voter’s voter 24 verification number. 25 The bill changes the timeline for the mailing and return 26 of absentee ballots. The bill allows a county commissioner 27 of elections to mail absentee ballots to voters beginning 22 28 days before an election and requires absentee ballots to be 29 delivered to the office of the county commissioner of elections 30 by 5:00 p.m. on the day before election day. The bill also 31 requires the county commissioner of elections to record 32 the ballot as received by 11:59 p.m. on the day before the 33 election. Under current law, county commissioners of elections 34 may mail absentee ballots beginning 20 days before an election 35 -18- LSB 1755YH (2) 91 ss/ns 18/ 20
H.F. 91 and absentee ballots must be delivered to the office of the 1 county commissioner of elections not later than the time polls 2 close on election day. 3 This division takes effect January 1, 2026. 4 DIVISION V —— PERSONS PERMITTED IN VOTING BOOTHS. This 5 division amends the subsection of Code section 49.88 6 (limitation on persons in booth and time for voting) 7 prohibiting a person standing for election on the ballot before 8 a voter from occupying the voting booth with the voter and 9 Code section 49.90 (assisting voter) to say that the candidate 10 violates Code section 49.88 by occupying the voting booth with 11 the voter. 12 This division takes effect January 1, 2026. 13 DIVISION VI —— VOTER REGISTRATION DATABASE PILOT PROGRAM. 14 This division requires the state registrar of voters to 15 contract with a third-party vendor to develop or provide a 16 program to allow the state registrar to verify the status of 17 records in the statewide voter registration file and identify 18 ineligible voters on an ongoing basis. During the first 19 quarter of 2026, the bill requires the state registrar of 20 voters to utilize the program developed or provided by the 21 third-party vendor to verify the status of records in the 22 statewide voter registration file. The state registrar shall 23 forward the results of the analysis to each county commissioner 24 of registration prior to the date that county commissioners 25 of registration are required to submit voter list maintenance 26 reports. The bill requires the state registrar of voters to 27 evaluate the efficacy and cost of the pilot program as compared 28 to the current method of maintaining the statewide voter 29 registration database. The pilot program is repealed effective 30 December 31, 2028. 31 DIVISION VII —— COUNTY HOSPITAL BOARD OF TRUSTEES. This 32 division strikes a provision setting the term length for 33 persons elected to a county hospital board of trustees in a 34 county with a population of at least 400,000 to six years, 35 -19- LSB 1755YH (2) 91 ss/ns 19/ 20
H.F. 91 returning the term length to four years. The bill does not 1 affect the term of office of a trustee elected to a county 2 public hospital board of trustees prior to January 1, 2026. 3 This division takes effect January 1, 2026. 4 -20- LSB 1755YH (2) 91 ss/ns 20/ 20