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House File 66 - IntroducedA Bill ForAn Act 1prohibiting certain persons from assisting voters in
2casting ballots.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 49.89, Code 2021, is amended to read as
2follows:
349.89 Selection of officials to assist voters.
4At, or before, the opening of the polls, the election board
5of each precinct shall select two members of the board, of
6different political parties in the case of any election in
7which candidates appear on the ballot under the heading of
8either of the political parties referred to in section 49.13,
9to assist voters who may be unable to cast their votes without
10assistance as described in section 49.90. The election board
11shall not select a person to assist voters who is a candidate
12on a ballot in that election.
13 Sec. 2. Section 49.90, Code 2021, is amended to read as
14follows:
1549.90 Assisting voter.
16Any voter who may declare upon oath that the voter is blind,
17cannot read the English language, or is, by reason of any
18physical disability other than intoxication, unable to cast a
19vote without assistance, shall, upon request, be assisted by
20the two officers as provided in section 49.89, or alternatively
21by any other person the voter may select in casting the vote,
22except that the voter shall not select a person to assist the
23voter who is a candidate on a ballot in that election. The
24officers, or the person selected by the voter, shall cast the
25vote of the voter requiring assistance, and shall thereafter
26give no information regarding the vote cast. If any elector
27because of a disability cannot enter the building where the
28polling place for the elector’s precinct of residence is
29located, the two officers shall take a paper ballot to the
30vehicle occupied by the elector with a disability and allow
31the elector to cast the ballot in the vehicle. Ballots cast
32by voters with disabilities shall be deposited in the regular
33ballot box, or inserted in the tabulating device, and counted
34in the usual manner.
35 Sec. 3. Section 52.19, Code 2021, is amended to read as
-1-1follows:
252.19 Instructions.
3In case any elector after entering the voting booth shall ask
4for further instructions concerning the manner of voting, two
5precinct election officials of opposite political parties who
6are not candidates on a ballot in that election shall give such
7instructions to the elector; but no precinct election official
8or other election officer or person assisting an elector
9shall in any manner request, suggest, or seek to persuade or
10induce any such elector to vote any particular ticket, or for
11any particular candidate, or for or against any particular
12amendment, question, or proposition. After receiving such
13instructions, the elector shall vote as in the case of an
14unassisted voter.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to persons selected to assist certain
19voters in casting a ballot. Current law permits voters to
20request assistance in casting votes at the polling place if
21such voters are unable to cast their votes without assistance.
22Persons assisting such voters are either selected by the
23election board of each precinct or by the voter. The bill
24prohibits an election board or voter from selecting a person to
25assist the voter in casting a ballot who is a candidate on the
26ballot in that election. The bill also prohibits such persons
27from providing instructions concerning the manner of voting to
28voters requesting such assistance in a voting booth.
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2casting ballots.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 49.89, Code 2021, is amended to read as
2follows:
349.89 Selection of officials to assist voters.
4At, or before, the opening of the polls, the election board
5of each precinct shall select two members of the board, of
6different political parties in the case of any election in
7which candidates appear on the ballot under the heading of
8either of the political parties referred to in section 49.13,
9to assist voters who may be unable to cast their votes without
10assistance as described in section 49.90. The election board
11shall not select a person to assist voters who is a candidate
12on a ballot in that election.
13 Sec. 2. Section 49.90, Code 2021, is amended to read as
14follows:
1549.90 Assisting voter.
16Any voter who may declare upon oath that the voter is blind,
17cannot read the English language, or is, by reason of any
18physical disability other than intoxication, unable to cast a
19vote without assistance, shall, upon request, be assisted by
20the two officers as provided in section 49.89, or alternatively
21by any other person the voter may select in casting the vote,
22except that the voter shall not select a person to assist the
23voter who is a candidate on a ballot in that election. The
24officers, or the person selected by the voter, shall cast the
25vote of the voter requiring assistance, and shall thereafter
26give no information regarding the vote cast. If any elector
27because of a disability cannot enter the building where the
28polling place for the elector’s precinct of residence is
29located, the two officers shall take a paper ballot to the
30vehicle occupied by the elector with a disability and allow
31the elector to cast the ballot in the vehicle. Ballots cast
32by voters with disabilities shall be deposited in the regular
33ballot box, or inserted in the tabulating device, and counted
34in the usual manner.
35 Sec. 3. Section 52.19, Code 2021, is amended to read as
-1-1follows:
252.19 Instructions.
3In case any elector after entering the voting booth shall ask
4for further instructions concerning the manner of voting, two
5precinct election officials of opposite political parties who
6are not candidates on a ballot in that election shall give such
7instructions to the elector; but no precinct election official
8or other election officer or person assisting an elector
9shall in any manner request, suggest, or seek to persuade or
10induce any such elector to vote any particular ticket, or for
11any particular candidate, or for or against any particular
12amendment, question, or proposition. After receiving such
13instructions, the elector shall vote as in the case of an
14unassisted voter.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to persons selected to assist certain
19voters in casting a ballot. Current law permits voters to
20request assistance in casting votes at the polling place if
21such voters are unable to cast their votes without assistance.
22Persons assisting such voters are either selected by the
23election board of each precinct or by the voter. The bill
24prohibits an election board or voter from selecting a person to
25assist the voter in casting a ballot who is a candidate on the
26ballot in that election. The bill also prohibits such persons
27from providing instructions concerning the manner of voting to
28voters requesting such assistance in a voting booth.
-2-ss/jh