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Senate File 90 - IntroducedA Bill ForAn Act 1relating to the automatic mailing of ballots and
2including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, subsection 72, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 39A.4, subsection 1, paragraph c,
4subparagraphs (11) and (12), Code 2019, are amended to read as
5follows:
6(11) Returning a voted absentee ballot, by mail, to a ballot
7drop box, or in person, to the commissioner’s office and the
8person returning the ballot is not the voter, the voter’s
9designee, or a special precinct election official designated
10pursuant to section 53.22, subsection 2.
11(12) Making a false or untrue statement reporting that
12a voted absentee ballot was returned to the commissioner’s
13office, by mail or in person, or to a ballot drop box, by a
14person other than the voter, the voter’s designee, or a special
15precinct election official designated pursuant to section
1653.22, subsection 2.
17 Sec. 3. Section 53.1, Code 2019, is amended to read as
18follows:
1953.1 Right to vote — conditions power of attorney.
201. Any registered voter may, subject to the provisions of
21this chapter, vote at any election:
22a. When the voter expects to be absent on election day
23during the time the polls are open from the precinct in which
24the voter is a registered voter.
25b. When, through illness or physical disability, the voter
26expects to be prevented from going to the polls and voting on
27election day.
28c. When the voter expects to be unable to go to the polls
29and vote on election day.
302. A person who has been designated to have power of
31attorney by a registered voter does not have authority
32to request or to cast an absentee ballot on behalf of the
33registered voter.
34 Sec. 4. Section 53.7, Code 2019, is amended to read as
35follows:
-1- 153.7 Solicitation by public employees.
21. It shall be unlawful for any employee of the state or any
3employee of a political subdivision to solicit any application
4or request for application for an absentee ballot, or to take
5an affidavit in connection with any absentee ballot while the
6employee is on the employer’s premises or otherwise in the
7course of employment. However, any such employee may take such
8affidavit in connection with an absentee ballot which is cast
9by the registered voter in person in the office where such
10employee is employed in accordance with section 53.10 or 53.11.
11This subsection shall not apply to any elected official.
122. It is unlawful for any public officer or employee,
13or any person acting under color of a public officer or
14employee, to knowingly require a public employee to solicit an
15application or request an application for an absentee ballot,
16or to knowingly require an employee to take an affidavit or
17request for an affidavit in connection with an absentee ballot
18application.
19 Sec. 5. Section 53.8, Code 2019, is amended to read as
20follows:
2153.8 Ballot mailed.
221. a. Upon receipt of an application for an absentee ballot
23and immediately after the absentee ballots are printed, but
24not Not more than twenty-nine days before the election, the
25commissioner shall mail an absentee ballot to the applicant
26within twenty-four hours each registered voter, except as
27otherwise provided in subsection 3. The absentee ballot
28shall be sent to the registered voter by one of the following
29methods:
30(1) The absentee ballot shall be enclosed in an unsealed
31envelope marked with a serial number and affidavit. The
32absentee ballot and affidavit envelope shall be enclosed in
33or with an unsealed return envelope marked postage paid which
34bears the same serial number as the affidavit envelope. The
35absentee ballot, affidavit envelope, and return envelope shall
-2-1be enclosed in a third envelope to be sent to the registered
2voter. If the ballot cannot be folded so that all of the votes
3cast on the ballot will be hidden, the commissioner shall also
4enclose a secrecy envelope with the absentee ballot.
5(2) The absentee ballot shall be enclosed in an unsealed
6return envelope marked with a serial number and affidavit
7and marked postage paid. The absentee ballot and return
8envelope shall be enclosed in a second envelope to be sent
9to the registered voter. If the ballot cannot be folded so
10that all of the votes cast on the ballot will be hidden, the
11commissioner shall also enclose a secrecy envelope with the
12absentee ballot.
13b. The affidavit shall be marked on the appropriate envelope
14in a form prescribed by the state commissioner of elections.
15c. For envelopes mailed at any election other than the
16primary election, the commissioner shall not mark any envelope
17with any information related to the party affiliation of the
18applicant registered voter.
192. a. The commissioner shall enclose with the absentee
20ballot a statement informing the applicant registered
21voter that the sealed return envelope may be mailed to the
22commissioner by the registered voter or the voter’s designee,
23may be returned to a drop box established by the commissioner
24pursuant to section 53.17, subsection 1, by the registered
25voter or the voter’s designee, or may be personally delivered
26to the commissioner’s office by the registered voter or the
27voter’s designee. The statement shall also inform the voter
28that the voter may request that the voter’s designee complete
29a receipt when retrieving the ballot from the voter. A blank
30receipt shall be enclosed with the absentee ballot.
31b. If an application is received so late that it is unlikely
32that the absentee ballot can be returned in time to be counted
33on election day, the commissioner shall enclose with the
34absentee ballot a statement to that effect.
353. a. When an application for an absentee ballot is
-3-1received mailed by the commissioner of any county from to a
2registered voter who is a patient in a hospital in that county,
3a tenant of an assisted living program in that county as shown
4by the list of certifications provided the commissioner under
5section 231C.21, or a resident of any facility in that county
6shown to be a health care facility by the list of licenses
7provided the commissioner under section 135C.29, the absentee
8ballot shall be delivered to the voter and returned to the
9commissioner in the manner prescribed by section 53.22. For
10purposes of this paragraph, “assisted living program” means a
11program certified pursuant to section 231C.3 that meets the
12standards for a dementia-specific assisted living program,
13as established by rule by the department of inspections and
14appeals.
15b. (1) If the application is received more than five
16days before the ballots are printed and the commissioner has
17elected to have the ballots personally delivered during the
18ten-day period after the ballots are printed, the commissioner
19shall mail to the applicant within twenty-four hours a letter
20in substantially the following form: The state commissioner
21shall adopt rules regarding the delivery and return of absentee
22ballots pursuant to this subsection.
23Your application for an absentee ballot for the election
24to be held on ...... has been received. This ballot will
25be personally delivered to you by a bipartisan team sometime
26during the ten days after the ballots are printed. If you will
27not be at the address from which your application was sent
28during any or all of the ten-day period immediately following
29the printing of the ballots, the ballot will be personally
30delivered to you sometime during the fourteen days preceding
31the election. If you will not be at the address from which
32your application was sent during either of these time periods,
33contact this office and arrangements will be made to have your
34absentee ballot delivered at a time when you will be present at
35that address.
-4- 1(2) If the application is received more than fourteen
2calendar days before the election and the commissioner has not
3elected to mail absentee ballots to applicants as provided
4under section 53.22, subsection 4, and has not elected to have
5the absentee ballots personally delivered during the ten-day
6period after the ballots are printed, the commissioner shall
7mail to the applicant within twenty-four hours a letter in
8substantially the following form:
9Your application for an absentee ballot for the election
10to be held on ...... has been received. This ballot will
11be personally delivered to you by a bipartisan team sometime
12during the fourteen days preceding the election. If you will
13not be at the address from which your application was sent
14during any or all of the fourteen-day period immediately
15preceding the election, contact this office and arrangements
16will be made to have your absentee ballot delivered at a time
17when you will be present at that address.
18c. Nothing in this subsection nor in section 53.22
19shall be construed to prohibit a registered voter who is a
20hospital patient or resident of a health care facility, or who
21anticipates entering a hospital or health care facility before
22the date of a forthcoming election, from casting an absentee
23ballot in the manner prescribed by section 53.10 or 53.11.
24 Sec. 6. Section 53.10, subsection 2, Code 2019, is amended
25to read as follows:
262. a. Each person who wishes to vote by absentee ballot
27at the commissioner’s office shall first sign an application
28for a ballot including the following information: name,
29current address, voter verification number, and the election
30for which the ballot is requested. The person may report a
31change of address or other information on the person’s voter
32registration record at that time. The registered voter shall
33immediately mark the ballot; enclose the ballot in a secrecy
34envelope, if necessary, and seal it in the envelope marked
35with the affidavit; subscribe to the affidavit on the reverse
-5-1side of the envelope; and return the absentee ballot to the
2commissioner. The commissioner shall record the numbers
3appearing on the application and affidavit envelope along with
4the name of the registered voter.
5b. For purposes of this subsection, “voter verification
6number” means the registered voter’s driver’s license number
7or nonoperator’s identification card number assigned to the
8voter by the department of transportation or the registered
9voter’s identification number assigned to the voter by the
10state commissioner pursuant to section 47.7, subsection 2.
11 Sec. 7. Section 53.12, Code 2019, is amended to read as
12follows:
1353.12 Duty of commissioner.
14The commissioner shall enclose the absentee ballot in
15an unsealed envelope, to be furnished by the commissioner,
16which envelope shall bear upon its face the words “county
17commissioner of elections”, the address of the commissioner’s
18office, and the same a serial number appearing on the unsealed
19envelope shall be affixed to the application.
20 Sec. 8. Section 53.17, subsection 1, Code 2019, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. c. The sealed return envelope may be
23delivered by the registered voter, by the voter’s designee, or
24by the special precinct election officials designated pursuant
25to section 53.22, subsection 2, to a drop box established by
26the commissioner no later than the time the polls are closed on
27election day. However, if delivered by the voter’s designee,
28the envelope shall be delivered within seventy-two hours of
29retrieving it from the voter or before the closing of the polls
30on election day, whichever is earlier. The state commissioner
31shall adopt rules regarding the security of drop boxes. This
32paragraph does not require a commissioner to establish a drop
33box.
34 Sec. 9. Section 53.17, subsection 4, paragraph f, Code 2019,
35is amended to read as follows:
-6- 1f. A statement that the completed absentee ballot will be
2delivered to the commissioner’s office or a drop box within
3seventy-two hours of retrieving it from the voter or before the
4closing of the polls on election day, whichever is earlier,
5or that the completed absentee ballot will be mailed to the
6commissioner within seventy-two hours of retrieving it from
7the voter or within time to be postmarked or, if applicable,
8to have the intelligent mail barcode traced to a date of entry
9into the federal mail system not later than the day before the
10election, whichever is earlier.
11 Sec. 10. Section 53.18, subsection 3, Code 2019, is amended
12to read as follows:
133. If the affidavit envelope or the return envelope marked
14with the affidavit contains a defect that would cause the
15absentee ballot to be rejected by the absentee and special
16voters precinct board, the commissioner shall immediately
17notify the voter of that fact and that the voter’s absentee
18ballot shall not be counted unless the voter requests and
19returns a replacement ballot in the time permitted under
20section 53.17, subsection 2. For the purposes of this section,
21a return envelope marked with the affidavit shall be considered
22to contain a defect if it appears to the commissioner that
23the signature on the envelope has been signed by someone
24other than the registered voter, in comparing the signature
25on the envelope to the signature on record of the registered
26voter named on the envelope. A signature or marking made
27in accordance with section 39.3, subsection 17, shall not
28be considered a defect for purposes of this section. The
29voter may request a replacement ballot in person, in writing,
30or over the telephone. The same serial number that was
31assigned to the records of the original absentee ballot
32application shall be used on the envelope and records of the
33replacement ballot. The envelope marked with the affidavit and
34containing the completed replacement ballot shall be marked
35“Replacement ballot”. The envelope marked with the affidavit
-7-1and containing the original ballot shall be marked “Defective”
2and the replacement ballot shall be attached to such envelope
3containing the original ballot and shall be stored in a secure
4place until they are delivered to the absentee and special
5voters precinct board, notwithstanding sections 53.26 and
653.27.
7 Sec. 11. Section 53.19, subsection 1, Code 2019, is amended
8to read as follows:
91. The commissioner shall maintain a list of the absentee
10ballots provided to registered voters, the serial number
11appearing on the unsealed envelope, the date the application
12for the absentee ballot was received, and the date the absentee
13ballot was sent to the registered voter requesting the absentee
14ballot.
15 Sec. 12. Section 53.19, subsection 3, paragraph b, Code
162019, is amended to read as follows:
17b. A registered voter who has requested an absentee ballot
18by mail but for any reason has not received it an absentee
19ballot by mail or who has not brought the ballot to the polls
20may appear at the voter’s precinct polling place on election
21day and, after the precinct election officials confirm the
22commissioner has not received the voter’s absentee ballot, the
23voter shall be permitted to vote in person at the polls. If
24the precinct election officials are unable to confirm whether
25the commissioner has received the voter’s absentee ballot, the
26voter shall cast a ballot in accordance with section 49.81.
27 Sec. 13. Section 53.21, subsection 1, Code 2019, is amended
28to read as follows:
291. A voter who has requested an absentee ballot may obtain
30a replacement absentee ballot if the voter declares that the
31original ballot was lost or did not arrive. The commissioner
32upon receipt of a written or oral request for a replacement
33ballot shall provide a duplicate ballot. The same serial
34number that was assigned to the records of the original
35absentee ballot request shall be used on the envelopes and
-8-1records of the replacement ballot.
2 Sec. 14. Section 53.21, subsection 2, paragraph a, Code
32019, is amended to read as follows:
4a. The commissioner shall include with the replacement
5ballot two copies of a statement in substantially the following
6form:
7The My absentee ballot which I requested on ........ (date)
8 has been lost or was never received. If I find this absentee
9ballot I will return it, unvoted, to the commissioner.
10.........
11(Signature of voter)
12.........
13(Date)
14 Sec. 15. Section 53.22, subsection 2, paragraph a,
15subparagraph (1), Code 2019, is amended to read as follows:
16(1) A registered voter who has applied for an absentee
17ballot, in a manner other than that prescribed by section 53.10
18 or 53.11, and who is a resident, tenant, or patient in a health
19care facility, assisted living program, or hospital located in
20the county to which the application has been submitted shall
21be delivered the appropriate absentee ballot by two special
22precinct election officers, one of whom shall be a member of
23each of the political parties referred to in section 49.13, who
24shall be appointed by the commissioner from the election board
25panel for the special precinct established by section 53.20.
26The special precinct election officers shall be sworn in the
27manner provided by section 49.75 for election board members,
28shall receive compensation as provided in section 49.20,
29and shall perform their duties during the ten calendar days
30after the ballots are printed if the commissioner so elects,
31during the fourteen calendar days preceding the election, and
32on election day if all ballots requested under section 53.8,
33subsection 3, have not previously been delivered and returned.
34 Sec. 16. Section 53.22, subsection 2, paragraphs b and c,
35Code 2019, are amended to read as follows:
-9- 1b. If an applicant under a registered voter subject to this
2subsection notifies the commissioner that the applicant voter
3 will not be available at the health care facility, assisted
4living program, or hospital address at any time during the
5ten-day period after the ballots are printed, if applicable,
6or during the fourteen-day period immediately prior to the
7election, but will be available there at some other time prior
8to the election or on election day, the commissioner shall
9direct the two special precinct election officers to deliver
10the applicant’s ballot at an appropriate time preceding the
11election or on election day. If a person who so requested an
12absentee ballot voter has been dismissed from the health care
13facility or hospital, or is no longer a tenant of the assisted
14living program, the special precinct election officers may take
15the ballot to the voter if the voter is currently residing in
16the county.
17c. The special precinct election officers shall travel
18together in the same vehicle and both shall be present when
19an applicant a voter casts an absentee ballot. If either
20or both of the special precinct election officers fail to
21appear at the time the duties set forth in this section are
22to be performed, the commissioner shall at once appoint some
23other person, giving preference to persons designated by
24the respective county chairpersons of the political parties
25described in section 49.13, to carry out the requirements of
26this section. The persons authorized by this subsection to
27deliver an absentee ballot to an applicant a voter, and if
28requested, may assist the applicant voter in filling out the
29ballot as permitted by section 49.90. After the voter has
30securely sealed the marked ballot in the envelope provided and
31has subscribed to the oath, the voted absentee ballots shall
32be deposited in a sealed container which shall be returned to
33the commissioner on the same day the ballots are voted. On
34election day the officers shall return the sealed container by
35the time the polls are closed.
-10-1 Sec. 17. Section 53.22, subsections 3, 4, and 5, Code 2019,
2are amended to read as follows:
33. Any registered voter who becomes a patient, tenant, or
4resident of a hospital, assisted living program, or health
5care facility in the county where the voter is registered to
6vote within three days prior to the date of any election or on
7election day may request an absentee ballot during that period
8or on election day. As an alternative to the application
9procedure prescribed by section 53.2, the The registered
10voter may make the request directly to the officers who are
11delivering and returning absentee ballots under this section.
12Alternatively, the request may be made by telephone to the
13office of the commissioner not later than four hours before
14the close of the polls. If the requester is found to be a
15registered voter of that county, these officers shall deliver
16the appropriate absentee ballot to the registered voter in the
17manner prescribed by this section.
184. For any election except a primary or general election
19or a special election to fill a vacancy under section 69.14,
20the commissioner may, as an alternative to subsection 2, mail
21an absentee ballot to an applicant a registered voter under
22this section to be voted and returned to the commissioner in
23accordance with this chapter. This subsection only applies
24to applications for absentee ballots from for a single health
25care facility, assisted living program, or hospital if there
26are no more than two applications from that facility, program,
27or hospital.
285. The commissioner shall mail an absentee ballot to a
29registered voter who has applied for an absentee ballot and
30 who is a patient, tenant, or resident of a hospital, assisted
31living program, or health care facility outside the county in
32which the voter is registered to vote.
33 Sec. 18. Section 53.39, subsection 1, Code 2019, is amended
34to read as follows:
351. Section 53.2 does not apply in the case of a qualified
-11-1voter of the state of Iowa serving in the armed forces of the
2United States. In any such case an application for ballot as
3provided for in that section is not required and an An absent
4voter’s ballot shall be sent or made available to any such
5 a qualified voter of the state of Iowa serving in the armed
6forces of the United States upon a request as provided in this
7subchapter.
8 Sec. 19. Section 53.45, subsection 4, Code 2019, is amended
9to read as follows:
104. Notwithstanding the provisions of section 53.49,
11an eligible elector who requests a special absentee ballot
12under this section may also make application for an absentee
13ballot under section 53.2 or an armed forces absentee ballot
14under section 53.40. If the regular absentee or armed forces
15absentee ballot is properly voted and returned, the special
16absentee ballot is void and the commissioner shall reject it in
17whole when special absentee ballots are canvassed.
18 Sec. 20. Section 53.49, Code 2019, is amended to read as
19follows:
2053.49 Applicable to armed forces and other citizens.
21The provisions of this subchapter as to absent voting shall
22apply only to absent voters in the armed forces of the United
23States as defined for the purpose of absentee voting in section
2453.37. The provisions of section 53.1 and sections 53.1 53.4
25 through 53.34 shall apply to all other voters not members of
26the armed forces of the United States.
27 Sec. 21. REPEAL. Sections 53.2 and 53.3, Code 2019, are
28repealed.
29 Sec. 22. IMPLEMENTATION OF ACT. Section 25B.2, subsection
303, shall not apply to this Act.
31 Sec. 23. APPLICABILITY. This Act applies to all elections
32taking place on or after July 1, 2020.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-12- 1This bill relates to the mailing of absentee ballots.
2The bill requires county commissioners of elections to
3automatically mail absentee ballots to all registered voters.
4Current law requires registered voters to submit an application
5prior to receiving an absentee ballot. The bill also allows
6county commissioners to establish drop boxes at which voters
7or voters’ designees may deposit absentee ballots. The bill
8requires the state commissioner of elections to adopt rules
9regarding security measures for absentee ballot drop boxes.
10The bill may include a state mandate as defined in Code
11section 25B.3. The bill makes inapplicable Code section 25B.2,
12subsection 3, which would relieve a political subdivision from
13complying with a state mandate if funding for the cost of
14the state mandate is not provided or specified. Therefore,
15political subdivisions are required to comply with any state
16mandate included in the bill.
-13-ss/jh
2including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, subsection 72, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 39A.4, subsection 1, paragraph c,
4subparagraphs (11) and (12), Code 2019, are amended to read as
5follows:
6(11) Returning a voted absentee ballot, by mail, to a ballot
7drop box, or in person, to the commissioner’s office and the
8person returning the ballot is not the voter, the voter’s
9designee, or a special precinct election official designated
10pursuant to section 53.22, subsection 2.
11(12) Making a false or untrue statement reporting that
12a voted absentee ballot was returned to the commissioner’s
13office, by mail or in person, or to a ballot drop box, by a
14person other than the voter, the voter’s designee, or a special
15precinct election official designated pursuant to section
1653.22, subsection 2.
17 Sec. 3. Section 53.1, Code 2019, is amended to read as
18follows:
1953.1 Right to vote — conditions power of attorney.
201. Any registered voter may, subject to the provisions of
21this chapter, vote at any election:
22a. When the voter expects to be absent on election day
23during the time the polls are open from the precinct in which
24the voter is a registered voter.
25b. When, through illness or physical disability, the voter
26expects to be prevented from going to the polls and voting on
27election day.
28c. When the voter expects to be unable to go to the polls
29and vote on election day.
302. A person who has been designated to have power of
31attorney by a registered voter does not have authority
32to request or to cast an absentee ballot on behalf of the
33registered voter.
34 Sec. 4. Section 53.7, Code 2019, is amended to read as
35follows:
-1- 153.7 Solicitation by public employees.
21. It shall be unlawful for any employee of the state or any
3employee of a political subdivision to solicit any application
4or request for application for an absentee ballot, or to take
5an affidavit in connection with any absentee ballot while the
6employee is on the employer’s premises or otherwise in the
7course of employment. However, any such employee may take such
8affidavit in connection with an absentee ballot which is cast
9by the registered voter in person in the office where such
10employee is employed in accordance with section 53.10 or 53.11.
11This subsection shall not apply to any elected official.
122. It is unlawful for any public officer or employee,
13or any person acting under color of a public officer or
14employee, to knowingly require a public employee to solicit an
15application or request an application for an absentee ballot,
16or to knowingly require an employee to take an affidavit or
17request for an affidavit in connection with an absentee ballot
18application.
19 Sec. 5. Section 53.8, Code 2019, is amended to read as
20follows:
2153.8 Ballot mailed.
221. a. Upon receipt of an application for an absentee ballot
23and immediately after the absentee ballots are printed, but
24not Not more than twenty-nine days before the election, the
25commissioner shall mail an absentee ballot to the applicant
26within twenty-four hours each registered voter, except as
27otherwise provided in subsection 3. The absentee ballot
28shall be sent to the registered voter by one of the following
29methods:
30(1) The absentee ballot shall be enclosed in an unsealed
31envelope marked with a serial number and affidavit. The
32absentee ballot and affidavit envelope shall be enclosed in
33or with an unsealed return envelope marked postage paid which
34bears the same serial number as the affidavit envelope. The
35absentee ballot, affidavit envelope, and return envelope shall
-2-1be enclosed in a third envelope to be sent to the registered
2voter. If the ballot cannot be folded so that all of the votes
3cast on the ballot will be hidden, the commissioner shall also
4enclose a secrecy envelope with the absentee ballot.
5(2) The absentee ballot shall be enclosed in an unsealed
6return envelope marked with a serial number and affidavit
7and marked postage paid. The absentee ballot and return
8envelope shall be enclosed in a second envelope to be sent
9to the registered voter. If the ballot cannot be folded so
10that all of the votes cast on the ballot will be hidden, the
11commissioner shall also enclose a secrecy envelope with the
12absentee ballot.
13b. The affidavit shall be marked on the appropriate envelope
14in a form prescribed by the state commissioner of elections.
15c. For envelopes mailed at any election other than the
16primary election, the commissioner shall not mark any envelope
17with any information related to the party affiliation of the
18applicant registered voter.
192. a. The commissioner shall enclose with the absentee
20ballot a statement informing the applicant registered
21voter that the sealed return envelope may be mailed to the
22commissioner by the registered voter or the voter’s designee,
23may be returned to a drop box established by the commissioner
24pursuant to section 53.17, subsection 1, by the registered
25voter or the voter’s designee, or may be personally delivered
26to the commissioner’s office by the registered voter or the
27voter’s designee. The statement shall also inform the voter
28that the voter may request that the voter’s designee complete
29a receipt when retrieving the ballot from the voter. A blank
30receipt shall be enclosed with the absentee ballot.
31b. If an application is received so late that it is unlikely
32that the absentee ballot can be returned in time to be counted
33on election day, the commissioner shall enclose with the
34absentee ballot a statement to that effect.
353. a. When an application for an absentee ballot is
-3-1received mailed by the commissioner of any county from to a
2registered voter who is a patient in a hospital in that county,
3a tenant of an assisted living program in that county as shown
4by the list of certifications provided the commissioner under
5section 231C.21, or a resident of any facility in that county
6shown to be a health care facility by the list of licenses
7provided the commissioner under section 135C.29, the absentee
8ballot shall be delivered to the voter and returned to the
9commissioner in the manner prescribed by section 53.22. For
10purposes of this paragraph, “assisted living program” means a
11program certified pursuant to section 231C.3 that meets the
12standards for a dementia-specific assisted living program,
13as established by rule by the department of inspections and
14appeals.
15b. (1) If the application is received more than five
16days before the ballots are printed and the commissioner has
17elected to have the ballots personally delivered during the
18ten-day period after the ballots are printed, the commissioner
19shall mail to the applicant within twenty-four hours a letter
20in substantially the following form: The state commissioner
21shall adopt rules regarding the delivery and return of absentee
22ballots pursuant to this subsection.
23Your application for an absentee ballot for the election
24to be held on ...... has been received. This ballot will
25be personally delivered to you by a bipartisan team sometime
26during the ten days after the ballots are printed. If you will
27not be at the address from which your application was sent
28during any or all of the ten-day period immediately following
29the printing of the ballots, the ballot will be personally
30delivered to you sometime during the fourteen days preceding
31the election. If you will not be at the address from which
32your application was sent during either of these time periods,
33contact this office and arrangements will be made to have your
34absentee ballot delivered at a time when you will be present at
35that address.
-4- 1(2) If the application is received more than fourteen
2calendar days before the election and the commissioner has not
3elected to mail absentee ballots to applicants as provided
4under section 53.22, subsection 4, and has not elected to have
5the absentee ballots personally delivered during the ten-day
6period after the ballots are printed, the commissioner shall
7mail to the applicant within twenty-four hours a letter in
8substantially the following form:
9Your application for an absentee ballot for the election
10to be held on ...... has been received. This ballot will
11be personally delivered to you by a bipartisan team sometime
12during the fourteen days preceding the election. If you will
13not be at the address from which your application was sent
14during any or all of the fourteen-day period immediately
15preceding the election, contact this office and arrangements
16will be made to have your absentee ballot delivered at a time
17when you will be present at that address.
18c. Nothing in this subsection nor in section 53.22
19shall be construed to prohibit a registered voter who is a
20hospital patient or resident of a health care facility, or who
21anticipates entering a hospital or health care facility before
22the date of a forthcoming election, from casting an absentee
23ballot in the manner prescribed by section 53.10 or 53.11.
24 Sec. 6. Section 53.10, subsection 2, Code 2019, is amended
25to read as follows:
262. a. Each person who wishes to vote by absentee ballot
27at the commissioner’s office shall first sign an application
28for a ballot including the following information: name,
29current address, voter verification number, and the election
30for which the ballot is requested. The person may report a
31change of address or other information on the person’s voter
32registration record at that time. The registered voter shall
33immediately mark the ballot; enclose the ballot in a secrecy
34envelope, if necessary, and seal it in the envelope marked
35with the affidavit; subscribe to the affidavit on the reverse
-5-1side of the envelope; and return the absentee ballot to the
2commissioner. The commissioner shall record the numbers
3appearing on the application and affidavit envelope along with
4the name of the registered voter.
5b. For purposes of this subsection, “voter verification
6number” means the registered voter’s driver’s license number
7or nonoperator’s identification card number assigned to the
8voter by the department of transportation or the registered
9voter’s identification number assigned to the voter by the
10state commissioner pursuant to section 47.7, subsection 2.
11 Sec. 7. Section 53.12, Code 2019, is amended to read as
12follows:
1353.12 Duty of commissioner.
14The commissioner shall enclose the absentee ballot in
15an unsealed envelope, to be furnished by the commissioner,
16which envelope shall bear upon its face the words “county
17commissioner of elections”, the address of the commissioner’s
18office, and the same a serial number appearing on the unsealed
19envelope shall be affixed to the application.
20 Sec. 8. Section 53.17, subsection 1, Code 2019, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. c. The sealed return envelope may be
23delivered by the registered voter, by the voter’s designee, or
24by the special precinct election officials designated pursuant
25to section 53.22, subsection 2, to a drop box established by
26the commissioner no later than the time the polls are closed on
27election day. However, if delivered by the voter’s designee,
28the envelope shall be delivered within seventy-two hours of
29retrieving it from the voter or before the closing of the polls
30on election day, whichever is earlier. The state commissioner
31shall adopt rules regarding the security of drop boxes. This
32paragraph does not require a commissioner to establish a drop
33box.
34 Sec. 9. Section 53.17, subsection 4, paragraph f, Code 2019,
35is amended to read as follows:
-6- 1f. A statement that the completed absentee ballot will be
2delivered to the commissioner’s office or a drop box within
3seventy-two hours of retrieving it from the voter or before the
4closing of the polls on election day, whichever is earlier,
5or that the completed absentee ballot will be mailed to the
6commissioner within seventy-two hours of retrieving it from
7the voter or within time to be postmarked or, if applicable,
8to have the intelligent mail barcode traced to a date of entry
9into the federal mail system not later than the day before the
10election, whichever is earlier.
11 Sec. 10. Section 53.18, subsection 3, Code 2019, is amended
12to read as follows:
133. If the affidavit envelope or the return envelope marked
14with the affidavit contains a defect that would cause the
15absentee ballot to be rejected by the absentee and special
16voters precinct board, the commissioner shall immediately
17notify the voter of that fact and that the voter’s absentee
18ballot shall not be counted unless the voter requests and
19returns a replacement ballot in the time permitted under
20section 53.17, subsection 2. For the purposes of this section,
21a return envelope marked with the affidavit shall be considered
22to contain a defect if it appears to the commissioner that
23the signature on the envelope has been signed by someone
24other than the registered voter, in comparing the signature
25on the envelope to the signature on record of the registered
26voter named on the envelope. A signature or marking made
27in accordance with section 39.3, subsection 17, shall not
28be considered a defect for purposes of this section. The
29voter may request a replacement ballot in person, in writing,
30or over the telephone. The same serial number that was
31assigned to the records of the original absentee ballot
32application shall be used on the envelope and records of the
33replacement ballot. The envelope marked with the affidavit and
34containing the completed replacement ballot shall be marked
35“Replacement ballot”. The envelope marked with the affidavit
-7-1and containing the original ballot shall be marked “Defective”
2and the replacement ballot shall be attached to such envelope
3containing the original ballot and shall be stored in a secure
4place until they are delivered to the absentee and special
5voters precinct board, notwithstanding sections 53.26 and
653.27.
7 Sec. 11. Section 53.19, subsection 1, Code 2019, is amended
8to read as follows:
91. The commissioner shall maintain a list of the absentee
10ballots provided to registered voters, the serial number
11appearing on the unsealed envelope, the date the application
12for the absentee ballot was received, and the date the absentee
13ballot was sent to the registered voter requesting the absentee
14ballot.
15 Sec. 12. Section 53.19, subsection 3, paragraph b, Code
162019, is amended to read as follows:
17b. A registered voter who has requested an absentee ballot
18by mail but for any reason has not received it an absentee
19ballot by mail or who has not brought the ballot to the polls
20may appear at the voter’s precinct polling place on election
21day and, after the precinct election officials confirm the
22commissioner has not received the voter’s absentee ballot, the
23voter shall be permitted to vote in person at the polls. If
24the precinct election officials are unable to confirm whether
25the commissioner has received the voter’s absentee ballot, the
26voter shall cast a ballot in accordance with section 49.81.
27 Sec. 13. Section 53.21, subsection 1, Code 2019, is amended
28to read as follows:
291. A voter who has requested an absentee ballot may obtain
30a replacement absentee ballot if the voter declares that the
31original ballot was lost or did not arrive. The commissioner
32upon receipt of a written or oral request for a replacement
33ballot shall provide a duplicate ballot. The same serial
34number that was assigned to the records of the original
35absentee ballot request shall be used on the envelopes and
-8-1records of the replacement ballot.
2 Sec. 14. Section 53.21, subsection 2, paragraph a, Code
32019, is amended to read as follows:
4a. The commissioner shall include with the replacement
5ballot two copies of a statement in substantially the following
6form:
7The My absentee ballot which I requested on ........ (date)
8 has been lost or was never received. If I find this absentee
9ballot I will return it, unvoted, to the commissioner.
10.........
11(Signature of voter)
12.........
13(Date)
14 Sec. 15. Section 53.22, subsection 2, paragraph a,
15subparagraph (1), Code 2019, is amended to read as follows:
16(1) A registered voter who has applied for an absentee
17ballot, in a manner other than that prescribed by section 53.10
18 or 53.11, and who is a resident, tenant, or patient in a health
19care facility, assisted living program, or hospital located in
20the county to which the application has been submitted shall
21be delivered the appropriate absentee ballot by two special
22precinct election officers, one of whom shall be a member of
23each of the political parties referred to in section 49.13, who
24shall be appointed by the commissioner from the election board
25panel for the special precinct established by section 53.20.
26The special precinct election officers shall be sworn in the
27manner provided by section 49.75 for election board members,
28shall receive compensation as provided in section 49.20,
29and shall perform their duties during the ten calendar days
30after the ballots are printed if the commissioner so elects,
31during the fourteen calendar days preceding the election, and
32on election day if all ballots requested under section 53.8,
33subsection 3, have not previously been delivered and returned.
34 Sec. 16. Section 53.22, subsection 2, paragraphs b and c,
35Code 2019, are amended to read as follows:
-9- 1b. If an applicant under a registered voter subject to this
2subsection notifies the commissioner that the applicant voter
3 will not be available at the health care facility, assisted
4living program, or hospital address at any time during the
5ten-day period after the ballots are printed, if applicable,
6or during the fourteen-day period immediately prior to the
7election, but will be available there at some other time prior
8to the election or on election day, the commissioner shall
9direct the two special precinct election officers to deliver
10the applicant’s ballot at an appropriate time preceding the
11election or on election day. If a person who so requested an
12absentee ballot voter has been dismissed from the health care
13facility or hospital, or is no longer a tenant of the assisted
14living program, the special precinct election officers may take
15the ballot to the voter if the voter is currently residing in
16the county.
17c. The special precinct election officers shall travel
18together in the same vehicle and both shall be present when
19an applicant a voter casts an absentee ballot. If either
20or both of the special precinct election officers fail to
21appear at the time the duties set forth in this section are
22to be performed, the commissioner shall at once appoint some
23other person, giving preference to persons designated by
24the respective county chairpersons of the political parties
25described in section 49.13, to carry out the requirements of
26this section. The persons authorized by this subsection to
27deliver an absentee ballot to an applicant a voter, and if
28requested, may assist the applicant voter in filling out the
29ballot as permitted by section 49.90. After the voter has
30securely sealed the marked ballot in the envelope provided and
31has subscribed to the oath, the voted absentee ballots shall
32be deposited in a sealed container which shall be returned to
33the commissioner on the same day the ballots are voted. On
34election day the officers shall return the sealed container by
35the time the polls are closed.
-10-1 Sec. 17. Section 53.22, subsections 3, 4, and 5, Code 2019,
2are amended to read as follows:
33. Any registered voter who becomes a patient, tenant, or
4resident of a hospital, assisted living program, or health
5care facility in the county where the voter is registered to
6vote within three days prior to the date of any election or on
7election day may request an absentee ballot during that period
8or on election day. As an alternative to the application
9procedure prescribed by section 53.2, the The registered
10voter may make the request directly to the officers who are
11delivering and returning absentee ballots under this section.
12Alternatively, the request may be made by telephone to the
13office of the commissioner not later than four hours before
14the close of the polls. If the requester is found to be a
15registered voter of that county, these officers shall deliver
16the appropriate absentee ballot to the registered voter in the
17manner prescribed by this section.
184. For any election except a primary or general election
19or a special election to fill a vacancy under section 69.14,
20the commissioner may, as an alternative to subsection 2, mail
21an absentee ballot to an applicant a registered voter under
22this section to be voted and returned to the commissioner in
23accordance with this chapter. This subsection only applies
24to applications for absentee ballots from for a single health
25care facility, assisted living program, or hospital if there
26are no more than two applications from that facility, program,
27or hospital.
285. The commissioner shall mail an absentee ballot to a
29registered voter who has applied for an absentee ballot and
30 who is a patient, tenant, or resident of a hospital, assisted
31living program, or health care facility outside the county in
32which the voter is registered to vote.
33 Sec. 18. Section 53.39, subsection 1, Code 2019, is amended
34to read as follows:
351. Section 53.2 does not apply in the case of a qualified
-11-1voter of the state of Iowa serving in the armed forces of the
2United States. In any such case an application for ballot as
3provided for in that section is not required and an An absent
4voter’s ballot shall be sent or made available to any such
5 a qualified voter of the state of Iowa serving in the armed
6forces of the United States upon a request as provided in this
7subchapter.
8 Sec. 19. Section 53.45, subsection 4, Code 2019, is amended
9to read as follows:
104. Notwithstanding the provisions of section 53.49,
11an eligible elector who requests a special absentee ballot
12under this section may also make application for an absentee
13ballot under section 53.2 or an armed forces absentee ballot
14under section 53.40. If the regular absentee or armed forces
15absentee ballot is properly voted and returned, the special
16absentee ballot is void and the commissioner shall reject it in
17whole when special absentee ballots are canvassed.
18 Sec. 20. Section 53.49, Code 2019, is amended to read as
19follows:
2053.49 Applicable to armed forces and other citizens.
21The provisions of this subchapter as to absent voting shall
22apply only to absent voters in the armed forces of the United
23States as defined for the purpose of absentee voting in section
2453.37. The provisions of section 53.1 and sections 53.1 53.4
25 through 53.34 shall apply to all other voters not members of
26the armed forces of the United States.
27 Sec. 21. REPEAL. Sections 53.2 and 53.3, Code 2019, are
28repealed.
29 Sec. 22. IMPLEMENTATION OF ACT. Section 25B.2, subsection
303, shall not apply to this Act.
31 Sec. 23. APPLICABILITY. This Act applies to all elections
32taking place on or after July 1, 2020.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-12- 1This bill relates to the mailing of absentee ballots.
2The bill requires county commissioners of elections to
3automatically mail absentee ballots to all registered voters.
4Current law requires registered voters to submit an application
5prior to receiving an absentee ballot. The bill also allows
6county commissioners to establish drop boxes at which voters
7or voters’ designees may deposit absentee ballots. The bill
8requires the state commissioner of elections to adopt rules
9regarding security measures for absentee ballot drop boxes.
10The bill may include a state mandate as defined in Code
11section 25B.3. The bill makes inapplicable Code section 25B.2,
12subsection 3, which would relieve a political subdivision from
13complying with a state mandate if funding for the cost of
14the state mandate is not provided or specified. Therefore,
15political subdivisions are required to comply with any state
16mandate included in the bill.
-13-ss/jh