Senate File 94 - Introduced SENATE FILE 94 BY SALMON 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. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1667XS (2) 91 ss/ns
S.F. 94 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 DIVISION II 32 CANDIDATE ELIGIBILITY OBJECTIONS 33 Sec. 4. Section 43.18, subsection 9, Code 2025, is amended 34 to read as follows: 35 -1- LSB 1667XS (2) 91 ss/ns 1/ 19
S.F. 94 9. A For a candidate for an office other than a federal 1 office, a statement that the candidate is aware that the 2 candidate is disqualified from holding office if the candidate 3 has been convicted of a felony or other infamous crime and the 4 candidate’s rights have not been restored by the governor or by 5 the president of the United States. 6 Sec. 5. Section 43.24, subsection 1, Code 2025, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. Objections to the eligibility of a 9 candidate for a federal office shall not be sustained unless 10 the objection is limited to the legal sufficiency of the 11 nomination petition or certificate of nomination, or to the 12 residency, age, or citizenship requirements as described in the 13 Constitution of the United States. 14 Sec. 6. Section 44.3, subsection 2, paragraph i, Code 2025, 15 is amended to read as follows: 16 i. A For a candidate for an office other than a federal 17 office, a statement that the candidate is aware that the 18 candidate is disqualified from holding office if the candidate 19 has been convicted of a felony or other infamous crime and the 20 candidate’s rights have not been restored by the governor or by 21 the president of the United States. 22 Sec. 7. Section 44.6, Code 2025, is amended to read as 23 follows: 24 44.6 Hearing before state commissioner. 25 Objections filed with the state commissioner shall be 26 considered by the secretary of state and auditor of state and 27 attorney general, and a majority decision shall be final. 28 However, if the objection is to the certificate of nomination 29 of one or more of the above named officers, the officer or 30 officers objected to shall not pass upon the objection, but 31 their places shall be filled, respectively, by the treasurer 32 of state, the governor, and the secretary of agriculture. 33 Objections relating to incorrect or incomplete information 34 for information that is required under section 44.3 shall be 35 -2- LSB 1667XS (2) 91 ss/ns 2/ 19
S.F. 94 sustained. Objections to the eligibility of a candidate for 1 a federal office shall not be sustained unless the objection 2 is limited to the legal sufficiency of the nomination petition 3 or certificate of nomination, or to the residency, age, or 4 citizenship requirements as described in the Constitution of 5 the United States. 6 Sec. 8. Section 45.3, subsection 9, Code 2025, is amended 7 to read as follows: 8 9. A For a candidate for an office other than a federal 9 office, a statement that the candidate is aware that the 10 candidate is disqualified from holding office if the candidate 11 has been convicted of a felony or other infamous crime and the 12 candidate’s rights have not been restored by the governor or by 13 the president of the United States. 14 Sec. 9. Section 54.5, Code 2025, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5. An objection to a nomination made under 17 this section on any grounds other than the legal sufficiency 18 of the certificate of nomination shall not be sustained. The 19 certificate of nomination shall be presumed valid. 20 DIVISION III 21 RANKED CHOICE VOTING 22 Sec. 10. Section 49.93, Code 2025, is amended to read as 23 follows: 24 49.93 Number of votes for each office. 25 1. For an office to which one person is to be elected, a 26 voter shall not vote for more than one candidate. If two or 27 more persons are to be elected to an office, the voter shall 28 vote for no more than the number of persons to be elected. If a 29 person votes for more than the permitted number of candidates, 30 the vote for that office shall not count. Valid votes cast on 31 the rest of the ballot shall be counted. 32 2. a. An election in this state shall not be conducted 33 using ranked choice voting or instant runoff voting. 34 b. For the purposes of this section, “ranked choice voting” 35 -3- LSB 1667XS (2) 91 ss/ns 3/ 19
S.F. 94 or “instant runoff voting” means a method of casting and 1 tabulating votes in which a voter ranks candidates in order of 2 preference, tabulation of ballots proceeds in rounds such that 3 in each round either a candidate is elected or the candidate 4 receiving the fewest votes is defeated, votes are transferred 5 from elected or defeated candidates to a voter’s next-ranked 6 candidate in order of preference, and tabulation ends when a 7 candidate receives the majority of votes cast or the number of 8 candidates elected equals the number of offices to be filled, 9 as applicable. 10 DIVISION IV 11 ABSENT VOTERS 12 Sec. 11. Section 39A.4, subsection 1, paragraph c, 13 subparagraphs (10) and (11), Code 2025, are amended to read as 14 follows: 15 (10) Returning a voted absentee ballot by mail , to a ballot 16 drop box, or in person , to the commissioner’s office and the 17 person returning the ballot is a person prohibited to collect 18 and deliver a completed ballot pursuant to section 53.33 . 19 (11) Making a false or untrue statement reporting that 20 a voted absentee ballot was returned to the commissioner’s 21 office, by mail or in person, or to a ballot drop box, by a 22 person prohibited to collect and deliver a completed ballot 23 pursuant to section 53.33 . 24 Sec. 12. NEW SECTION . 53.1B Definitions. 25 For purposes of this subchapter, unless the context 26 otherwise requires: 27 1. “Affidavit envelope” means an envelope that includes 28 a serial number and bears on the back an affidavit for a 29 registered voter to mark the registered voter’s signature and 30 voter verification number in a form prescribed by the state 31 commissioner. 32 2. “Delivery envelope” means an envelope that bears on its 33 face the name and address of the registered voter requesting an 34 absentee ballot, the words “county commissioner of elections”, 35 -4- LSB 1667XS (2) 91 ss/ns 4/ 19
S.F. 94 the address of the commissioner’s office, and the same serial 1 number that appears on the affidavit envelope and return 2 envelope. 3 3. “Return envelope” means an envelope that is addressed 4 to the commissioner’s office, bears appropriate return postage 5 or a postal permit guaranteeing that the commissioner will pay 6 the return postage, and includes the same serial number as the 7 affidavit envelope and delivery envelope. 8 4. “Secrecy envelope” means an envelope, folder, or sleeve 9 that hides all votes on a ballot when folded. 10 Sec. 13. Section 53.4, subsection 1, paragraph c, 11 subparagraph (2), Code 2025, is amended by striking the 12 subparagraph. 13 Sec. 14. Section 53.8, subsection 1, Code 2025, is amended 14 to read as follows: 15 1. a. Upon receipt of an application for an absentee ballot 16 and immediately after the absentee ballots are printed, but 17 not more than twenty twenty-two 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 . The absentee ballot shall be sent to the 21 registered voter by one of the following methods: enclosed 22 in an unsealed affidavit envelope. The absentee ballot and 23 affidavit envelope shall be enclosed in or with an unsealed 24 return envelope. The absentee ballot, affidavit envelope, and 25 return envelope shall be enclosed in the delivery envelope. If 26 the ballot cannot be folded so that all the votes on the ballot 27 will be hidden, the commissioner shall also enclose a secrecy 28 envelope with the absentee ballot. 29 (1) The absentee ballot shall be enclosed in an unsealed 30 envelope marked with a serial number and affidavit. The 31 absentee ballot and affidavit envelope shall be enclosed in 32 or with an unsealed return envelope marked postage paid which 33 bears the same serial number as the affidavit envelope. The 34 absentee ballot, affidavit envelope, and return envelope shall 35 -5- LSB 1667XS (2) 91 ss/ns 5/ 19
S.F. 94 be enclosed in a third envelope to be sent to the registered 1 voter. If the ballot cannot be folded so that all of the votes 2 cast on the ballot will be hidden, the commissioner shall also 3 enclose a secrecy envelope with the absentee ballot. 4 (2) The absentee ballot shall be enclosed in an unsealed 5 return envelope marked with a serial number and affidavit 6 and marked postage paid. The absentee ballot and return 7 envelope shall be enclosed in a second envelope to be sent 8 to the registered voter. If the ballot cannot be folded so 9 that all of the votes cast on the ballot will be hidden, the 10 commissioner shall also enclose a secrecy envelope with the 11 absentee ballot. 12 b. The affidavit shall be marked on the appropriate envelope 13 in a form prescribed by the state commissioner of elections 14 registered voter requesting and receiving an absentee ballot 15 shall subscribe to the affidavit by signing and marking the 16 registered voter’s voter verification number on the affidavit 17 envelope . 18 c. All domestic return envelope flaps or backs shall also 19 be printed or stamped with a notice of the deadline to return a 20 completed absentee ballot and the manner to track the status of 21 the ballot in a form prescribed by the state commissioner. 22 c. d. For envelopes mailed at any election other than the 23 primary election, the commissioner shall not mark any envelope 24 with any information related to the party affiliation of the 25 applicant. 26 Sec. 15. Section 53.8, subsection 2, paragraph a, Code 2025, 27 is amended to read as follows: 28 a. The commissioner shall enclose with the absentee ballot 29 a statement informing the applicant that the sealed return 30 envelope may be mailed to the commissioner by the registered 31 voter or a person not prohibited to collect and deliver a 32 completed ballot pursuant to section 53.33 , may be returned to 33 a drop box established by the commissioner pursuant to section 34 53.17, subsection 1 , by the registered voter or a person not 35 -6- LSB 1667XS (2) 91 ss/ns 6/ 19
S.F. 94 prohibited to collect and deliver a completed ballot pursuant 1 to section 53.33 , only if the commissioner has established 2 such a drop box, or may be personally delivered to the 3 commissioner’s office by the registered voter or a person not 4 prohibited to collect and deliver a completed ballot pursuant 5 to section 53.33 . The statement shall also inform the voter 6 that the voter may request that the person not prohibited to 7 collect and deliver a completed ballot pursuant to section 8 53.33 complete a receipt when retrieving the ballot from the 9 voter. A blank receipt shall be enclosed with the absentee 10 ballot. 11 Sec. 16. Section 53.10, subsection 2, paragraph a, Code 12 2025, 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 for 15 a ballot including the following information: name, current 16 address, voter verification number, and the election for which 17 the ballot is requested. The person may report a change of 18 address or other information on the person’s voter registration 19 record at that time. Prior to furnishing a ballot, the 20 commissioner shall verify the person’s identity as provided 21 in section 49.78 . The registered voter shall immediately 22 mark the ballot; enclose the ballot in a secrecy envelope, 23 if necessary, and seal it the ballot in the envelope marked 24 with the affidavit envelope ; subscribe to the affidavit on 25 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. 17. Section 53.12, Code 2025, is amended by striking 32 the 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 -7- LSB 1667XS (2) 91 ss/ns 7/ 19
S.F. 94 serial number that appears on the affidavit envelope, return 1 envelope, and delivery envelope. 2 Sec. 18. Section 53.16, Code 2025, is amended by striking 3 the 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. 19. Section 53.17, subsection 1, unnumbered paragraph 12 1, Code 2025, 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. 20. Section 53.17, subsection 1, paragraph a, Code 24 2025, 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. 21. Section 53.17, subsection 1, paragraph c, Code 35 -8- LSB 1667XS (2) 91 ss/ns 8/ 19
S.F. 94 2025, is amended by striking the paragraph. 1 Sec. 22. Section 53.17, subsection 2, Code 2025, is amended 2 to read as follows: 3 2. In order for the ballot to be counted, the return 4 envelope must be received in the commissioner’s office by 5:00 5 p.m. on the day before the polls close on election day and 6 recorded as received by the commissioner by 11:59 p.m. on the 7 day before election day . 8 Sec. 23. Section 53.17, subsection 4, paragraph e, Code 9 2025, is amended to read as follows: 10 e. A statement that the completed absentee ballot will 11 be delivered to the commissioner’s office within seventy-two 12 hours of retrieving it from the voter or before the closing by 13 the close of business on the polls on day before election day, 14 whichever is earlier. 15 Sec. 24. Section 53.17A, subsection 3, paragraph a, Code 16 2025, is amended to read as follows: 17 a. An absentee ballot received after the polls close 18 close of business on the day before election day but prior 19 to the official canvass shall be counted if the commissioner 20 determines that the ballot entered the federal mail system by 21 the deadline specified in section 53.17 or 53.22 . The date of 22 entry of such an absentee ballot into the federal mail system 23 shall only be verified as provided in paragraph “b” . 24 Sec. 25. Section 53.18, subsections 2 and 3, Code 2025, are 25 amended to read as follows: 26 2. If the commissioner receives the return envelope 27 containing the completed absentee ballot by 5:00 p.m. on the 28 Saturday before the election for general elections and by 5:00 29 p.m. on the Friday before the election for all other elections, 30 the commissioner shall review the affidavit marked on the 31 return envelope, if applicable, for completeness or shall open 32 the return envelope to review the affidavit for completeness 33 open the return envelope, if applicable, and review the 34 affidavit marked on the affidavit envelope for completeness . 35 -9- LSB 1667XS (2) 91 ss/ns 9/ 19
S.F. 94 If the affidavit lacks the signature or voter verification 1 number of the registered voter, the commissioner shall, within 2 twenty-four hours of the receipt of the envelope, notify the 3 voter of the deficiency and inform the voter that the voter may 4 vote a replacement ballot as provided in subsection 3 , cast a 5 ballot as provided in section 53.19, subsection 3 , or complete 6 the affidavit in person at the office of the commissioner not 7 later than the time polls close on election day. 8 3. If the affidavit envelope or the return envelope marked 9 with the affidavit contains a defect that would cause the 10 absentee ballot to be rejected by the absentee and special 11 voters precinct board, the commissioner shall immediately 12 notify the voter of that fact and that the voter’s absentee 13 ballot shall not be counted unless the voter requests and 14 returns a replacement ballot in the time permitted under 15 section 53.17, subsection 2 . For the purposes of this section , 16 a return an affidavit envelope marked with the affidavit 17 shall be considered to contain a defect if it appears to 18 the commissioner that the signature on the envelope has been 19 signed by someone other than the registered voter, in comparing 20 the signature on the envelope to the signature on record of 21 the registered voter named on the envelope. A signature or 22 marking made in accordance with section 39.3, subsection 23 17 , shall not be considered a defect for purposes of this 24 section the voter verification number provided does not match 25 the voter verification number associated with the voter’s 26 voter registration . The voter may request a replacement 27 ballot in person, in writing, or over the telephone. The 28 same serial number that was assigned to the records of the 29 original absentee ballot application shall be used on the 30 envelope envelopes and records of the replacement ballot. The 31 affidavit envelope marked with the affidavit and containing 32 the completed replacement ballot shall be marked “Replacement 33 ballot”. The affidavit envelope marked with the affidavit and 34 containing the original ballot shall be marked “Defective” and 35 -10- LSB 1667XS (2) 91 ss/ns 10/ 19
S.F. 94 the ”Defective”. The replacement ballot shall be attached to 1 such the affidavit envelope containing the original ballot and 2 shall be stored in a secure place until they are delivered to 3 the absentee and special voters precinct board, notwithstanding 4 sections 53.26 and 53.27 . 5 Sec. 26. Section 53.19, subsection 1, Code 2025, is amended 6 to read as follows: 7 1. The commissioner shall maintain a list of the absentee 8 ballots provided to registered voters, the serial number 9 appearing on the unsealed envelope, the date the application 10 for the absentee ballot was received, the date the absentee 11 ballot was sent to the registered voter requesting the absentee 12 ballot, the date the absentee ballot was received by the 13 commissioner, the date the absentee ballot outer envelope was 14 opened, and whether the ballot was delivered by mail , or in 15 person, to a ballot drop box, or cast in person at a satellite 16 location. The information under this subsection shall be 17 reported separately at the same time as the information 18 reported under section 53.30, subsection 3 . 19 Sec. 27. Section 53.21, subsection 2, paragraph b, Code 20 2025, is amended to read as follows: 21 b. The voter shall enclose one copy of the above statement 22 in the return envelope along with the affidavit envelope, if 23 the voter was mailed a separate affidavit envelope, and shall 24 retain a copy for the voter’s records. 25 Sec. 28. Section 53.23, subsection 3, paragraph b, 26 subparagraph (1), Code 2025, is amended to read as follows: 27 (1) The commissioner may direct the board to meet on the day 28 before the election for the purpose of reviewing the absentee 29 voters’ affidavits appearing on the sealed envelopes. If in 30 the commissioner’s judgment this procedure is necessary due 31 to the number of absentee ballots received, the members of 32 the board may open the sealed affidavit envelopes and remove 33 the secrecy envelope containing the ballot, but under no 34 circumstances shall a secrecy envelope or a return an affidavit 35 -11- LSB 1667XS (2) 91 ss/ns 11/ 19
S.F. 94 envelope marked with an affidavit be opened before the board 1 convenes on election day, except as provided in paragraph 2 “c” . If the affidavit envelopes are opened before election 3 day pursuant to this paragraph “b” , the observers appointed 4 by each political party, as defined in section 43.2 , shall 5 witness the proceedings. Each political party may appoint up 6 to five observers under this paragraph “b” . The observers 7 shall be appointed by the county chairperson or, if the 8 county chairperson fails to make an appointment, by the state 9 chairperson. However, if either or both political parties fail 10 to appoint an observer, the commissioner may continue with the 11 proceedings. 12 Sec. 29. Section 53.23, subsection 5, Code 2025, is amended 13 to read as follows: 14 5. The special precinct election board shall preserve the 15 secrecy of all absentee and provisional ballots. After the 16 affidavits on the affidavit envelopes have been reviewed and 17 the qualifications of the persons casting the ballots have been 18 determined, those that have been accepted for counting shall 19 be opened. The ballots shall be removed from the affidavit 20 envelopes or return envelopes marked with the affidavit, as 21 applicable, without being unfolded or examined, and then shall 22 be thoroughly intermingled, after which they shall be unfolded 23 and tabulated. If secrecy folders or envelopes are used with 24 provisional paper ballots, the ballots shall be removed from 25 the secrecy folders envelopes after the ballots have been 26 intermingled. 27 Sec. 30. Section 53.25, subsection 1, paragraph a, Code 28 2025, is amended to read as follows: 29 a. If the absentee voter’s affidavit lacks the voter’s 30 signature or voter verification number , if the applicant is 31 not a duly registered voter on election day in the precinct 32 where the absentee ballot was cast, if the affidavit envelope 33 marked with the affidavit contains more than one ballot of any 34 one kind, or if the voter has voted in person, such vote shall 35 -12- LSB 1667XS (2) 91 ss/ns 12/ 19
S.F. 94 be rejected by the absentee and special voters precinct board. 1 If the affidavit envelope or return envelope marked with the 2 affidavit is open, or has been opened and resealed, or if the 3 ballot is not enclosed in such the affidavit envelope, and an 4 affidavit envelope or return envelope marked with the affidavit 5 with the same serial number and marked “Replacement ballot” is 6 not attached as provided in section 53.18 , the ballot shall be 7 rejected by the absentee and special voters precinct board. 8 Sec. 31. Section 53.25, subsection 2, Code 2025, is amended 9 to read as follows: 10 2. If the absentee or provisional ballot is rejected prior 11 to the opening of the affidavit envelope or return envelope 12 marked with the affidavit , the voter casting the ballot shall 13 be notified by a precinct election official by the time the 14 canvass is completed of the reason for the rejection on a form 15 prescribed by the state commissioner of elections. 16 Sec. 32. Section 53.30, subsection 2, Code 2025, is amended 17 to read as follows: 18 2. At the conclusion of each meeting of the absentee and 19 special voters precinct board, the board shall securely seal 20 all ballots counted by them in the manner prescribed in section 21 50.12 . The ballot envelopes, including the affidavit envelope 22 if an affidavit envelope was provided , the return envelope, and 23 secrecy envelope bearing the signatures of precinct election 24 officials, as required by section 53.23 , shall be preserved. 25 All applications for absentee ballots, ballots rejected without 26 being opened, absentee ballot logs, and any other documents 27 pertaining to the absentee ballot process shall be preserved 28 until such time as the documents may be destroyed pursuant to 29 section 50.19 . 30 Sec. 33. Section 53.32, Code 2025, is amended to read as 31 follows: 32 53.32 Ballot of deceased voter. 33 When it shall be made to appear by due proof to the precinct 34 election officials that any elector, who has so marked and 35 -13- LSB 1667XS (2) 91 ss/ns 13/ 19
S.F. 94 forwarded a ballot, has died before the envelope marked with 1 the affidavit affidavit envelope is opened, then the ballot of 2 such deceased voter shall be endorsed, “Rejected because voter 3 is dead”, and be returned to the commissioner. The casting 4 of the ballot of a deceased voter shall not invalidate the 5 election. 6 Sec. 34. Section 53.33, subsection 7, paragraph a, Code 7 2025, is amended to read as follows: 8 a. Deliver the completed absentee ballot in person to the 9 commissioner’s office. The delivery agent shall not deliver 10 the completed absentee ballot by mail or to a ballot drop box . 11 DIVISION V 12 PERSONS PERMITTED IN VOTING BOOTHS 13 Sec. 35. Section 49.88, subsection 3, Code 2025, is amended 14 to read as follows: 15 3. A person standing for election on the ballot before a 16 voter shall not occupy commits a violation of this section by 17 occupying the voting booth with the voter, including to assist 18 the voter. 19 Sec. 36. Section 49.90, Code 2025, is amended to read as 20 follows: 21 49.90 Assisting voter. 22 1. Any voter who may declare upon oath that the voter is 23 blind, cannot read the English language, or is, by reason of 24 any physical disability other than intoxication, unable to cast 25 a vote without assistance, shall, upon request, be assisted by 26 the two officers as provided in section 49.89 , or alternatively 27 by any other person the voter may select in casting the vote, 28 except that the voter shall not select a person standing for 29 election on the ballot. The officers, or the person selected 30 by the voter, shall cast the vote of the voter requiring 31 assistance, and shall thereafter give no information regarding 32 the vote cast. If any elector because of a disability cannot 33 enter the building where the polling place for the elector’s 34 precinct of residence is located, the two officers shall take 35 -14- LSB 1667XS (2) 91 ss/ns 14/ 19
S.F. 94 a paper ballot to the vehicle occupied by the elector with 1 a disability and allow the elector to cast the ballot in 2 the vehicle. Ballots cast by voters with disabilities shall 3 be deposited in the regular ballot box, or inserted in the 4 tabulating device, and counted in the usual manner. 5 2. A person standing for election on the ballot before a 6 voter commits a violation of section 49.88 by occupying the 7 voting booth with the voter. 8 DIVISION VI 9 VOTER REGISTRATION DATABASE PILOT PROGRAM 10 Sec. 37. NEW SECTION . 47.7A Statewide voter registration 11 database verification pilot program. 12 1. A statewide voter registration database verification 13 pilot program is established within the office of the state 14 registrar as follows: 15 a. The state registrar shall contract with a third-party 16 vendor to develop or provide a program to allow the state 17 registrar to verify the status of records in the statewide 18 voter registration file and identify ineligible voters on an 19 ongoing basis. 20 b. During the first quarter of the calendar year 2026, 21 the state registrar shall utilize the program developed or 22 provided by the third-party vendor to verify the status of 23 records in the statewide voter registration file. The state 24 registrar shall forward the results of the analysis to each 25 county commissioner of registration prior to the date reports 26 are required to be submitted pursuant to section 48A.40. 27 c. The state registrar shall evaluate the efficacy and 28 cost of the pilot program as compared to the current method 29 of verifying the list of voters in the statewide voter 30 registration file. 31 2. This section is repealed December 31, 2028. 32 DIVISION VII 33 COUNTY HOSPITAL BOARD OF TRUSTEES 34 Sec. 38. Section 347.9, subsection 3, Code 2025, is amended 35 -15- LSB 1667XS (2) 91 ss/ns 15/ 19
S.F. 94 by striking the subsection. 1 Sec. 39. TRANSITION. This division of this Act does not 2 alter the term of office of a trustee elected to a county 3 public hospital board of trustees prior to the effective date 4 of this division of this Act. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to duties of the secretary of state, 9 including the address confidentiality program and the conduct 10 of elections. The bill is organized in divisions. 11 DIVISION I —— ADDRESS CONFIDENTIALITY PROGRAM. This 12 division relates to the address confidentiality program, which 13 provides mail forwarding services to persons who are victims of 14 domestic abuse, domestic abuse assault, sexual abuse, assault, 15 stalking, or human trafficking, or who fear for their own 16 safety or the safety of a household member. The bill allows 17 the secretary of state to accept as a program participant’s 18 mailing address the name and other contact information of 19 a shelter in lieu of the shelter’s physical address, to 20 cancel a deceased participant’s certification, and to hold a 21 participant’s mail for up to 30 days at the request of the 22 participant. 23 DIVISION II —— CANDIDATE ELIGIBILITY OBJECTIONS. This 24 division relates to the nomination of candidates for federal 25 office. The bill exempts candidates for federal office from 26 the requirement that a candidate sign a statement that the 27 candidate is aware that the candidate is disqualified from 28 holding office if the candidate has been convicted of a felony 29 or other infamous crime and the candidate’s rights have not 30 been restored by the governor or by the president of the United 31 States. The bill limits objections to the eligibility of a 32 candidate for a federal office that may be filed with the 33 state commissioner of elections to objections to the legal 34 sufficiency of the nomination petition or certificate of 35 -16- LSB 1667XS (2) 91 ss/ns 16/ 19
S.F. 94 election, or to the residency, age, or citizenship requirements 1 as described in the United States Constitution. With 2 respect to nominations for president or vice president of the 3 United States, the bill allows objections only to the legal 4 sufficiency of the certificate of nomination. The certificate 5 of nomination shall be presumed valid. 6 DIVISION III —— RANKED CHOICE VOTING. This division relates 7 to the use of ranked choice and instant runoff voting for 8 elections in this state. The bill prohibits ranked choice and 9 instant runoff voting, defined in the bill as a system in which 10 voters rank multiple candidates for a single office in order of 11 preference and candidates are eliminated and votes transferred 12 between candidates in a series of rounds, from being used to 13 cast or tabulate ballots in any election in this state. 14 DIVISION IV —— ABSENT VOTERS. This division relates to 15 the casting of ballots by absent voters. The bill strikes 16 provisions allowing a county commissioner of elections to 17 establish drop boxes to which a person can return an absentee 18 ballot. 19 The bill requires an absentee ballot that is mailed to a 20 voter to be enclosed in an unsealed affidavit envelope and with 21 or in an unsealed return envelope, which shall then be enclosed 22 in the delivery envelope. If the ballot cannot be folded so 23 that all the votes on the ballot will be hidden, the bill 24 requires the commissioner to also send a secrecy envelope. The 25 bill requires a registered voter to subscribe to an affidavit 26 on an affidavit envelope by signing the envelope and writing 27 the voter’s voter verification number. The bill also requires 28 return envelopes to have printed on them the deadline to return 29 the ballot and the manner to track the status of the ballot. 30 The bill strikes a requirement that an affidavit envelope 31 be considered to contain a defect if it appears to the county 32 commissioner of elections that it was signed by a person other 33 than the voter. The bill adds a requirement that an affidavit 34 envelope be considered to contain a defect if the voter 35 -17- LSB 1667XS (2) 91 ss/ns 17/ 19
S.F. 94 verification number on the envelope does not match the voter 1 verification number on file for the voter. 2 The bill repeals certain requirements regarding what 3 materials a commissioner shall include with an absentee ballot 4 and instead requires a commissioner to put the same serial 5 number on the affidavit, return, and delivery envelopes. 6 The bill requires all mailed absentee ballots to include an 7 affidavit envelope. The bill also requires the absentee and 8 special voters precinct board to reject an absentee ballot 9 if the affidavit envelope does not include the voter’s voter 10 verification number. 11 The bill changes the timeline for the mailing and return 12 of absentee ballots. The bill allows a county commissioner 13 of elections to mail absentee ballots to voters beginning 22 14 days before an election and requires absentee ballots to be 15 delivered to the office of the county commissioner of elections 16 by 5:00 p.m. on the day before election day. The bill also 17 requires the county commissioner of elections to record 18 the ballot as received by 11:59 p.m. on the day before the 19 election. Under current law, county commissioners of elections 20 may mail absentee ballots beginning 20 days before an election 21 and absentee ballots must be delivered to the office of the 22 county commissioner of elections not later than the time polls 23 close on election day. 24 DIVISION V —— PERSONS PERMITTED IN VOTING BOOTHS. This 25 division amends the subsection of Code section 49.88 26 (limitation on persons in booth and time for voting) 27 prohibiting a person standing for election on the ballot before 28 a voter from occupying the voting booth with the voter and 29 Code section 49.90 (assisting voter) to say that the candidate 30 violates Code section 49.88 by occupying the voting booth with 31 the voter. 32 DIVISION VI —— VOTER REGISTRATION DATABASE PILOT PROGRAM. 33 This division requires the state registrar of voters to 34 contract with a third-party vendor to develop or provide a 35 -18- LSB 1667XS (2) 91 ss/ns 18/ 19
S.F. 94 program to allow the state registrar to verify the status of 1 records in the statewide voter registration file and identify 2 ineligible voters on an ongoing basis. During the first 3 quarter of 2026, the bill requires the state registrar of 4 voters to utilize the program developed or provided by the 5 third-party vendor to verify the status of records in the 6 statewide voter registration file. The state registrar shall 7 forward the results of the analysis to each county commissioner 8 of registration prior to the date that county commissioners 9 of registration are required to submit voter list maintenance 10 reports. The bill requires the state registrar of voters to 11 evaluate the efficacy and cost of the pilot program as compared 12 to the current method of maintaining the statewide voter 13 registration database. The pilot program is repealed effective 14 December 31, 2028. 15 DIVISION VII —— COUNTY HOSPITAL BOARD OF TRUSTEES. This 16 division strikes a provision setting the term length for 17 persons elected to a county hospital board of trustees in a 18 county with a population of at least 400,000 to six years, 19 returning the term length to four years. The bill does not 20 affect the term of office of a trustee elected to a county 21 public hospital board of trustees prior to July 1, 2025. 22 -19- LSB 1667XS (2) 91 ss/ns 19/ 19