S.F. 2077 Section 1. Section 9E.6, subsection 2, paragraph b, Code 1 2026, 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 by 5:00 p.m. 7 on the day before election day or is clearly postmarked by 8 an officially authorized postal service or bears a postal 9 service barcode traceable to a date of entry into the federal 10 mail system not later than the day before the election, as 11 provided in section 53.17A . If the materials comply with the 12 requirements of section 53.18 , the materials shall be certified 13 by the state commissioner of elections as the ballot of a 14 program participant, and shall be forwarded to the appropriate 15 county commissioner of elections for tabulation by the special 16 voters precinct election board appointed pursuant to section 17 53.23 . 18 Sec. 2. NEW SECTION . 53.1B Definitions. 19 For purposes of this subchapter, unless the context 20 otherwise requires: 21 1. “Affidavit envelope” means an envelope that includes 22 a serial number and bears on the back an affidavit for a 23 registered voter to mark the registered voter’s signature and 24 voter verification number in a form prescribed by the state 25 commissioner. 26 2. “Delivery envelope” means an envelope that bears on its 27 face the name and address of the registered voter requesting an 28 absentee ballot, the words “county commissioner of elections”, 29 and the same serial number that appears on the affidavit 30 envelope and return envelope, but does not bear on its face the 31 address of the commissioner’s office. 32 3. “Return envelope” means an envelope that is addressed 33 to the commissioner’s office and includes the address of the 34 commissioner’s office in the space for a return address, bears 35 -1- LSB 5300XS (5) 91 ss/ns 1/ 12

S.F. 2077 appropriate return postage or a postal permit guaranteeing that 1 the commissioner will pay the return postage, and includes 2 the same serial number as the affidavit envelope and delivery 3 envelope. 4 4. “Secrecy envelope” means an envelope, folder, or sleeve 5 that hides all votes on a ballot when folded. 6 Sec. 3. Section 53.8, subsection 1, paragraphs a and b, Code 7 2026, are amended to read as follows: 8 a. Upon receipt of an application for an absentee ballot 9 and immediately after the absentee ballots are printed, but not 10 more than twenty days before the election, the commissioner 11 shall mail an absentee ballot to the applicant within 12 twenty-four hours, except as otherwise provided in subsection 13 3 . The absentee ballot shall be sent to the registered voter 14 by one of the following methods: enclosed in an unsealed 15 affidavit envelope. The absentee ballot and affidavit envelope 16 shall be enclosed in or with an unsealed return envelope. The 17 absentee ballot, affidavit envelope, and return envelope shall 18 be enclosed in the delivery envelope. If the ballot cannot be 19 folded so that all the votes on the ballot will be hidden, the 20 commissioner shall also enclose a secrecy envelope with the 21 absentee ballot. 22 (1) The absentee ballot shall be enclosed in an unsealed 23 envelope marked with a serial number and affidavit. The 24 absentee ballot and affidavit envelope shall be enclosed in 25 or with an unsealed return envelope marked postage paid which 26 bears the same serial number as the affidavit envelope. The 27 absentee ballot, affidavit envelope, and return envelope shall 28 be enclosed in a third envelope to be sent to the registered 29 voter. If the ballot cannot be folded so that all of the votes 30 cast on the ballot will be hidden, the commissioner shall also 31 enclose a secrecy envelope with the absentee ballot. 32 (2) The absentee ballot shall be enclosed in an unsealed 33 return envelope marked with a serial number and affidavit 34 and marked postage paid. The absentee ballot and return 35 -2- LSB 5300XS (5) 91 ss/ns 2/ 12

S.F. 2077 envelope shall be enclosed in a second envelope to be sent 1 to the registered voter. If the ballot cannot be folded so 2 that all of the votes cast on the ballot will be hidden, the 3 commissioner shall also enclose a secrecy envelope with the 4 absentee ballot. 5 b. The affidavit shall be marked on the appropriate envelope 6 in a form prescribed by the state commissioner of elections 7 registered voter requesting and receiving an absentee ballot 8 shall subscribe to the affidavit by signing and marking the 9 registered voter’s voter verification number on the affidavit 10 envelope . 11 Sec. 4. Section 53.10, subsection 2, paragraph a, Code 2026, 12 is amended to read as follows: 13 a. Each person who wishes to vote by absentee ballot at 14 the commissioner’s office shall first sign an application 15 for a ballot including the following information: name, 16 current address, voter verification number, and the election 17 for which the ballot is requested. The person may report a 18 change of address or other information on the person’s voter 19 registration record at that time. Prior to furnishing a 20 ballot, the commissioner shall verify the person’s identity 21 as provided in section 49.78 . The registered voter shall 22 immediately mark the ballot; enclose the ballot in a secrecy 23 envelope, if necessary, and seal it the ballot in the envelope 24 marked with the affidavit envelope ; subscribe to the affidavit 25 on the reverse side of the envelope by signing and marking the 26 registered voter’s voter verification number ; and return the 27 sealed affidavit envelope containing the absentee ballot to 28 the commissioner. The commissioner shall record the numbers 29 appearing on the application and affidavit envelope along with 30 the name of the registered voter. 31 Sec. 5. Section 53.12, Code 2026, is amended by striking the 32 section and inserting in lieu thereof the following: 33 53.12 Duty of commissioner. 34 The commissioner shall affix to the application the same 35 -3- LSB 5300XS (5) 91 ss/ns 3/ 12

S.F. 2077 serial number that appears on the affidavit envelope, return 1 envelope, and delivery envelope. 2 Sec. 6. Section 53.16, Code 2026, is amended by striking the 3 section and inserting in lieu thereof the following: 4 53.16 Subscribing to affidavit. 5 After marking the ballot, the voter shall enclose the ballot 6 in a secrecy envelope, if necessary, and seal the ballot in 7 the affidavit envelope; subscribe to the affidavit by signing 8 and marking the registered voter’s voter verification number; 9 place the sealed affidavit envelope in the return envelope; and 10 securely seal the return envelope. 11 Sec. 7. Section 53.17, subsection 1, unnumbered paragraph 12 1, Code 2026, is amended to read as follows: 13 If the commissioner mailed the ballot pursuant to section 14 53.8, subsection 1 , paragraph “a” , subparagraph (1), the sealed 15 envelope bearing the voter’s affidavit and containing the 16 absentee ballot shall be enclosed in a return envelope which 17 shall be securely sealed. If the commissioner mailed the 18 ballot pursuant to section 53.8, subsection 1 , paragraph “a” , 19 subparagraph (2), the absentee ballot shall be enclosed in the 20 return envelope which shall be securely sealed. The sealed 21 return envelope shall be returned to the commissioner by one of 22 the following methods: 23 Sec. 8. Section 53.17, subsection 1, paragraph a, Code 2026, 24 is amended to read as follows: 25 a. The sealed return envelope may be delivered by the 26 registered voter, by the voter’s designee, or by the special 27 precinct election officials designated pursuant to section 28 53.22, subsection 2 , to the commissioner’s office no later 29 than the time the polls are closed 5:00 p.m. on the day before 30 election day. However, if delivered by the voter’s designee, 31 the envelope shall be delivered within seventy-two hours of 32 retrieving it from the voter or by 5:00 p.m. on the day before 33 the closing of the polls on election day, whichever is earlier. 34 Sec. 9. Section 53.17, subsection 1, paragraph c, 35 -4- LSB 5300XS (5) 91 ss/ns 4/ 12

S.F. 2077 unnumbered paragraph 1, Code 2026, is amended to read as 1 follows: 2 The sealed return envelope may be delivered by a person not 3 prohibited to collect and deliver a completed ballot pursuant 4 to section 53.33 to a ballot drop box established by the 5 commissioner no later than the time the polls are closed 5:00 6 p.m. on the day before election day. However, if delivered by 7 the voter’s designee, the envelope shall be delivered within 8 seventy-two hours of retrieving it from the voter or before the 9 closing of the polls on election day, whichever is earlier. A 10 commissioner is not required to establish a ballot drop box. A 11 ballot drop box must meet all of the following requirements: 12 Sec. 10. Section 53.17, subsection 2, Code 2026, is amended 13 to read as follows: 14 2. In order for the ballot to be counted, the return 15 envelope must be received in the commissioner’s office by 5:00 16 p.m. on the day before the polls close on election day. 17 Sec. 11. Section 53.17, subsection 4, paragraph e, Code 18 2026, is amended to read as follows: 19 e. A statement that the completed absentee ballot will be 20 delivered to the commissioner’s office within seventy-two hours 21 of retrieving it from the voter or before the closing of by 22 5:00 p.m. on the polls on day before election day, whichever 23 is earlier. 24 Sec. 12. Section 53.17A, subsection 3, Code 2026, is amended 25 to read as follows: 26 3. a. An absentee ballot received after the polls close 27 on election day but prior to the official canvass shall be 28 counted if the commissioner determines that the ballot entered 29 the federal mail system by the deadline specified in section 30 53.17 or 53.22 . The date of entry of such an absentee ballot 31 into the federal mail system shall only be verified as provided 32 in paragraph “b” 5:00 p.m. on the day before election day shall 33 not be counted . 34 b. (1) If the postmark indicates that the absentee ballot 35 -5- LSB 5300XS (5) 91 ss/ns 5/ 12

S.F. 2077 entered the federal mail system by the deadline specified 1 in section 53.17 or 53.22 , the ballot shall be included for 2 canvass by the absentee and special voters precinct board. 3 (2) If the postmark is illegible, missing, or dated on or 4 after election day, the commissioner shall attempt to verify 5 the ballot’s date of entry into the federal mail system by 6 querying the postal service barcode in the tracking information 7 database. If the tracking information database indicates that 8 the absentee ballot entered the federal mail system by the 9 deadline specified in section 53.17 or 53.22 , the ballot shall 10 be included for canvass by the absentee and special voters 11 precinct board. The commissioner shall provide a report to 12 the absentee and special voters precinct board regarding the 13 information available in the tracking information database. 14 (3) If there is a discrepancy between the date indicated by 15 the postmark and the postal service barcode, the earlier of the 16 two shall determine the date of entry of the absentee ballot 17 into the federal mail system. 18 (4) (a) If neither the postmark nor the postal service 19 barcode indicates that the absentee ballot entered the federal 20 mail system by the deadline specified in section 53.17 or 21 53.22 , the absentee ballot shall be sent to the absentee 22 and special voters precinct board pursuant to subparagraph 23 division (b) with the numeric value assigned to the postal 24 service barcode and a full report from the tracking information 25 database. 26 (b) Up to five absentee and special voters precinct board 27 members from each political party for partisan elections, 28 or any two members of the board for nonpartisan elections, 29 shall review the postal service barcode and tracking database 30 information report of each absentee ballot submitted pursuant 31 to subparagraph division (a) and certify that the tracking 32 information database report corresponds to the absentee ballot 33 by initialing the report and the absentee ballot envelope. 34 If the board concludes that the postal service barcode and 35 -6- LSB 5300XS (5) 91 ss/ns 6/ 12

S.F. 2077 tracking information database report verify that the absentee 1 ballot entered the federal mail system by the deadline 2 specified in section 53.17 or 53.22 , the ballot shall be 3 counted. Otherwise, the ballot shall not be counted. 4 Sec. 13. Section 53.18, subsections 2 and 3, Code 2026, are 5 amended to read as follows: 6 2. If the commissioner receives the return envelope 7 containing the completed absentee ballot by 5:00 p.m. on the 8 Saturday before the election for general elections and by 5:00 9 p.m. on the Friday before the election for all other elections, 10 the commissioner shall review the affidavit marked on the 11 return envelope, if applicable, for completeness or shall open 12 the return envelope to review the affidavit for completeness 13 open the return envelope, if applicable, and review the 14 affidavit marked on the affidavit envelope for completeness . 15 If the affidavit lacks the signature or voter verification 16 number of the registered voter, the commissioner shall, within 17 twenty-four hours of the receipt of the envelope, notify the 18 voter of the deficiency and inform the voter that the voter may 19 vote a replacement ballot as provided in subsection 3 , cast a 20 ballot as provided in section 53.19, subsection 3 , or complete 21 the affidavit in person at the office of the commissioner not 22 later than the time polls close on election day. 23 3. If the affidavit envelope or the return envelope marked 24 with the affidavit contains a defect that would cause the 25 absentee ballot to be rejected by the absentee and special 26 voters precinct board, the commissioner shall immediately 27 notify the voter of that fact and that the voter’s absentee 28 ballot shall not be counted unless the voter requests and 29 returns a replacement ballot in the time permitted under 30 section 53.17, subsection 2 . For the purposes of this section , 31 a return an affidavit envelope marked with the affidavit 32 shall be considered to contain a defect if it appears to 33 the commissioner that the signature on the envelope has 34 been signed by someone other than the registered voter, in 35 -7- LSB 5300XS (5) 91 ss/ns 7/ 12

S.F. 2077 comparing the signature on the envelope to the signature on 1 record of the registered voter named on the envelope , or if 2 the voter verification number provided does not match the 3 voter verification number associated with the voter’s voter 4 registration . A signature or marking made in accordance 5 with section 39.3, subsection 17 , shall not be considered a 6 defect for purposes of this section . The voter may request 7 a replacement ballot in person, in writing, or over the 8 telephone. The same serial number that was assigned to the 9 records of the original absentee ballot application shall be 10 used on the envelope envelopes and records of the replacement 11 ballot. The affidavit envelope marked with the affidavit and 12 containing the completed replacement ballot shall be marked 13 “Replacement ballot”. The affidavit envelope marked with the 14 affidavit and containing the original ballot shall be marked 15 “Defective” and the “Defective”. The replacement ballot shall 16 be attached to such the affidavit envelope containing the 17 original ballot and shall be stored in a secure place until 18 they are delivered to the absentee and special voters precinct 19 board, notwithstanding sections 53.26 and 53.27 . 20 Sec. 14. Section 53.21, subsection 2, paragraph b, Code 21 2026, is amended to read as follows: 22 b. The voter shall enclose one copy of the above statement 23 in the return envelope along with the affidavit envelope, if 24 the voter was mailed a separate affidavit envelope, and shall 25 retain a copy for the voter’s records. 26 Sec. 15. Section 53.22, subsection 6, paragraph b, Code 27 2026, is amended to read as follows: 28 b. Absentee ballots voted under this subsection shall be 29 delivered to the commissioner no later than the time the polls 30 are closed on election day. If the ballot is returned by mail , 31 the return envelope must be received by the time the polls 32 close, or be clearly postmarked by an officially authorized 33 postal service or bear a postal service barcode traceable to a 34 date of entry into the federal mail system not later than the 35 -8- LSB 5300XS (5) 91 ss/ns 8/ 12

S.F. 2077 day before the election, as provided in section 53.17A , and 1 received by the commissioner no later than the time established 2 for the canvass by the board of supervisors for that election 3 5:00 p.m. on the day before election day . 4 Sec. 16. Section 53.23, subsection 3, paragraph b, 5 subparagraph (1), Code 2026, is amended to read as follows: 6 (1) The commissioner may direct the board to meet on the day 7 before the election for the purpose of reviewing the absentee 8 voters’ affidavits appearing on the sealed envelopes. If in 9 the commissioner’s judgment this procedure is necessary due 10 to the number of absentee ballots received, the members of 11 the board may open the sealed affidavit envelopes and remove 12 the secrecy envelope containing the ballot, but under no 13 circumstances shall a secrecy envelope or a return an affidavit 14 envelope marked with an affidavit be opened before the board 15 convenes on election day, except as provided in paragraph 16 “c” . If the affidavit envelopes are opened before election 17 day pursuant to this paragraph “b” , the observers appointed 18 by each political party, as defined in section 43.2 , shall 19 witness the proceedings. Each political party may appoint up 20 to five observers under this paragraph “b” . The observers 21 shall be appointed by the county chairperson or, if the 22 county chairperson fails to make an appointment, by the state 23 chairperson. However, if either or both political parties fail 24 to appoint an observer, the commissioner may continue with the 25 proceedings. 26 Sec. 17. Section 53.23, subsection 5, Code 2026, is amended 27 to read as follows: 28 5. The special precinct election board shall preserve the 29 secrecy of all absentee and provisional ballots. After the 30 affidavits on the affidavit envelopes have been reviewed and 31 the 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 -9- LSB 5300XS (5) 91 ss/ns 9/ 12

S.F. 2077 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 envelopes after the ballots have been 5 intermingled. 6 Sec. 18. Section 53.25, subsection 1, paragraph a, Code 7 2026, is amended to read as follows: 8 a. If the absentee voter’s affidavit lacks the voter’s 9 signature or voter verification number , if the applicant is 10 not a duly registered voter on election day in the precinct 11 where the absentee ballot was cast, if the affidavit envelope 12 marked with the affidavit contains more than one ballot of any 13 one kind, or if the voter has voted in person, such vote shall 14 be rejected by the absentee and special voters precinct board. 15 If the affidavit envelope or return envelope marked with the 16 affidavit is open, or has been opened and resealed, or if the 17 ballot is not enclosed in such the affidavit envelope, and an 18 affidavit envelope or return envelope marked with the affidavit 19 with the same serial number and marked “Replacement ballot” is 20 not attached as provided in section 53.18 , the ballot shall be 21 rejected by the absentee and special voters precinct board. 22 Sec. 19. Section 53.25, subsection 2, Code 2026, is amended 23 to read as follows: 24 2. If the absentee or provisional ballot is rejected prior 25 to the opening of the affidavit envelope or return envelope 26 marked with the affidavit , the voter casting the ballot shall 27 be notified by a precinct election official by the time the 28 canvass is completed of the reason for the rejection on a form 29 prescribed by the state commissioner of elections. 30 Sec. 20. Section 53.30, subsection 2, Code 2026, is amended 31 to read as follows: 32 2. At the conclusion of each meeting of the absentee and 33 special voters precinct board, the board shall securely seal 34 all ballots counted by them in the manner prescribed in section 35 -10- LSB 5300XS (5) 91 ss/ns 10/ 12

S.F. 2077 50.12 . The ballot envelopes, including the affidavit envelope 1 if an affidavit envelope was provided , the return envelope, and 2 secrecy envelope bearing the signatures of precinct election 3 officials, as required by section 53.23 , shall be preserved. 4 All applications for absentee ballots, ballots rejected without 5 being opened, absentee ballot logs, and any other documents 6 pertaining to the absentee ballot process shall be preserved 7 until such time as the documents may be destroyed pursuant to 8 section 50.19 . 9 Sec. 21. Section 53.32, Code 2026, is amended to read as 10 follows: 11 53.32 Ballot of deceased voter. 12 When it shall be made to appear by due proof to the precinct 13 election officials that any elector, who has so marked and 14 forwarded a ballot, has died before the envelope marked with 15 the affidavit affidavit envelope is opened, then the ballot of 16 such deceased voter shall be endorsed, “Rejected because voter 17 is dead”, and be returned to the commissioner. The casting 18 of the ballot of a deceased voter shall not invalidate the 19 election. 20 Sec. 22. Section 53.44, subsection 2, Code 2026, is amended 21 to read as follows: 22 2. In order for the ballot to be counted, the return 23 envelope must be received in the commissioner’s office before 24 the polls close on election day or be clearly postmarked by an 25 officially authorized postal service or bear a postal service 26 barcode traceable to a date of entry into the federal mail 27 system not later than the day before the election , as provided 28 in section 53.17A , and received by the commissioner not later 29 than noon on the Monday following the election. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the casting of ballots by absent voters. 34 The bill requires an absentee ballot that is mailed to a 35 -11- LSB 5300XS (5) 91 ss/ns 11/ 12

S.F. 2077 voter to be enclosed in an unsealed affidavit envelope and 1 with or in an unsealed return envelope, which shall then be 2 enclosed in the delivery envelope, which shall not include a 3 return address. If the ballot cannot be folded so that all 4 the votes on the ballot will be hidden, the bill requires 5 the commissioner to also send a secrecy envelope. The bill 6 requires a registered voter to subscribe to an affidavit on 7 an affidavit envelope by signing the envelope and writing the 8 voter’s voter verification number. 9 The bill adds a requirement that an affidavit envelope be 10 considered to contain a defect if the voter verification number 11 on the envelope does not match the voter verification number 12 on file for the voter. 13 The bill strikes certain requirements regarding what 14 materials a commissioner shall include with an absentee ballot 15 and instead requires a commissioner to put the same serial 16 number on the affidavit, return, and delivery envelopes. 17 The bill requires all mailed absentee ballots to include an 18 affidavit envelope. The bill also requires the absentee and 19 special voters precinct board to reject an absentee ballot 20 if the affidavit envelope does not include the voter’s voter 21 verification number. 22 The bill changes the timeline for the return of absentee 23 ballots. The bill requires absentee ballots to be delivered 24 to the office of the county commissioner of elections by 25 5:00 p.m. on the day before election day. Under current 26 law, absentee ballots must be delivered to the office of the 27 county commissioner of elections not later than the time polls 28 close on election day. This change does not apply to absentee 29 ballots of confined persons delivered other than by mail or to 30 absentee ballots of members of the U.S. armed forces. 31 -12- LSB 5300XS (5) 91 ss/ns 12/ 12