Bill Text: IA HF169 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the casting and canvassing of absentee ballots.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-01 - Introduced, referred to State Government. H.J. 215. [HF169 Detail]
Download: Iowa-2023-HF169-Introduced.html
House
File
169
-
Introduced
HOUSE
FILE
169
BY
GOLDING
A
BILL
FOR
An
Act
relating
to
the
casting
and
canvassing
of
absentee
1
ballots.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
9E.6,
subsection
2,
paragraph
b,
Code
1
2023,
is
amended
to
read
as
follows:
2
b.
The
program
participant
shall
complete
the
ballot
and
3
return
it
to
the
state
commissioner
of
elections,
who
shall
4
review
the
ballot
in
the
manner
provided
by
sections
53.18
5
and
53.19
if
the
return
envelope
is
received
in
the
state
6
commissioner’s
office
before
the
polls
close
on
election
day
7
close
of
business
on
the
day
before
the
election
or
is
clearly
8
postmarked
by
an
officially
authorized
postal
service
or
bears
9
a
postal
service
barcode
traceable
to
a
date
of
entry
into
the
10
federal
mail
system
not
later
than
the
day
before
the
election,
11
as
provided
in
section
53.17A
.
If
the
materials
comply
12
with
the
requirements
of
section
53.18
,
the
materials
shall
13
be
certified
by
the
state
commissioner
of
elections
as
the
14
ballot
of
a
program
participant,
and
shall
be
forwarded
to
the
15
appropriate
county
commissioner
of
elections
for
tabulation
by
16
the
special
voters
precinct
election
board
appointed
pursuant
17
to
section
53.23
.
18
Sec.
2.
Section
50.22,
subsection
4,
Code
2023,
is
amended
19
to
read
as
follows:
20
4.
The
special
precinct
board
shall
also
canvass
any
21
absentee
ballots
which
were
received
after
the
polls
closed
22
close
of
business
on
the
day
before
the
election
in
accordance
23
with
section
53.17
.
If
necessary,
they
shall
reconvene
again
24
on
the
day
of
the
canvass
by
the
board
of
supervisors
to
25
canvass
any
absentee
ballots
which
were
timely
received.
The
26
special
precinct
board
shall
submit
their
tally
list
to
the
27
supervisors
before
the
conclusion
of
the
canvass
by
the
board.
28
Sec.
3.
Section
50.24,
subsection
2,
Code
2023,
is
amended
29
to
read
as
follows:
30
2.
Upon
convening,
the
board
shall
open
and
canvass
the
31
tally
lists
and
shall
prepare
abstracts
stating
the
number
of
32
votes
cast
in
the
county,
or
in
that
portion
of
the
county
33
in
which
the
election
was
held,
for
each
office
and
on
each
34
question
on
the
ballot
for
the
election.
The
board
shall
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contact
the
chairperson
of
the
special
precinct
board
before
1
adjourning
and
include
in
the
canvass
any
write-in
votes
2
tallied
and
recorded
by
the
special
precinct
board
or
any
3
absentee
ballots
which
were
received
after
the
polls
closed
4
close
of
business
on
the
day
before
the
election
in
accordance
5
with
section
53.17
and
which
were
canvassed
by
the
special
6
precinct
board
after
election
day.
The
abstract
shall
further
7
indicate
the
name
of
each
person
who
received
votes
for
each
8
office
on
the
ballot,
and
the
number
of
votes
each
person
named
9
received
for
that
office,
and
the
number
of
votes
for
and
10
against
each
question
submitted
to
the
voters
at
the
election.
11
The
votes
of
all
write-in
candidates
who
each
received
less
12
than
five
percent
of
the
votes
cast
for
an
office
or
who
13
each
received
fewer
than
ten
votes
and
was
not
determined
to
14
be
elected
shall
be
reported
collectively
under
the
heading
15
“scattering”.
16
Sec.
4.
Section
53.17,
subsection
1,
paragraph
a,
Code
2023,
17
is
amended
to
read
as
follows:
18
a.
The
sealed
return
envelope
may
be
delivered
by
the
19
registered
voter,
by
the
voter’s
designee,
or
by
the
special
20
precinct
election
officials
designated
pursuant
to
section
21
53.22,
subsection
2
,
to
the
commissioner’s
office
no
later
22
than
the
time
the
polls
are
closed
close
of
business
on
the
23
day
before
election
day.
However,
if
delivered
by
the
voter’s
24
designee,
the
envelope
shall
be
delivered
within
seventy-two
25
hours
of
retrieving
it
from
the
voter
or
before
the
closing
of
26
the
polls
on
election
day,
whichever
is
earlier.
27
Sec.
5.
Section
53.17,
subsection
1,
paragraph
c,
28
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
29
follows:
30
The
sealed
return
envelope
may
be
delivered
by
a
person
31
not
prohibited
to
collect
and
deliver
a
completed
ballot
32
pursuant
to
section
53.33
to
a
ballot
drop
box
established
by
33
the
commissioner
no
later
than
the
time
the
polls
are
closed
34
close
of
business
on
the
day
before
election
day.
However,
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if
delivered
by
the
voter’s
designee,
the
envelope
shall
be
1
delivered
within
seventy-two
hours
of
retrieving
it
from
the
2
voter
or
before
the
closing
of
the
polls
on
election
day,
3
whichever
is
earlier.
A
commissioner
is
not
required
to
4
establish
a
ballot
drop
box.
A
ballot
drop
box
must
meet
all
5
of
the
following
requirements:
6
Sec.
6.
Section
53.17,
subsection
1,
paragraph
c,
7
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
8
(5)
A
ballot
drop
box
shall
be
available
no
sooner
than
the
9
time
that
absentee
ballots
are
allowed
to
be
mailed
pursuant
10
to
section
53.8
.
The
ballot
drop
box
shall
be
removed
or
11
restricted
from
accepting
deliveries
immediately
upon
the
12
closure
of
polls
close
of
business
on
the
day
before
election
13
day.
14
Sec.
7.
Section
53.17,
subsection
2,
Code
2023,
is
amended
15
to
read
as
follows:
16
2.
In
order
for
the
ballot
to
be
counted,
the
return
17
envelope
must
be
received
in
the
commissioner’s
office
before
18
the
polls
close
on
election
close
of
business
on
the
day
before
19
election
day.
20
Sec.
8.
Section
53.17,
subsection
4,
paragraph
f,
Code
2023,
21
is
amended
to
read
as
follows:
22
f.
A
statement
that
the
completed
absentee
ballot
will
23
be
delivered
to
the
commissioner’s
office
within
seventy-two
24
hours
of
retrieving
it
from
the
voter
or
before
the
closing
of
25
the
polls
close
of
business
on
the
day
before
election
day,
26
whichever
is
earlier,
or
that
the
completed
absentee
ballot
27
will
be
mailed
to
the
commissioner
within
seventy-two
hours
of
28
retrieving
it
from
the
voter.
29
Sec.
9.
Section
53.17A,
subsection
3,
Code
2023,
is
amended
30
to
read
as
follows:
31
3.
a.
An
absentee
ballot
received
after
the
polls
close
32
of
business
on
the
day
before
election
day
but
prior
to
33
the
official
canvass
shall
be
counted
if
the
commissioner
34
determines
that
the
ballot
entered
the
federal
mail
system
by
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the
deadline
specified
in
section
53.17
or
53.22
.
The
date
of
1
entry
of
such
an
absentee
ballot
into
the
federal
mail
system
2
shall
only
be
verified
as
provided
in
paragraph
“b”
.
3
b.
(1)
If
the
postmark
indicates
that
the
absentee
ballot
4
entered
the
federal
mail
system
by
the
deadline
specified
5
in
section
53.17
or
53.22
,
the
ballot
shall
be
included
for
6
canvass
by
the
absentee
and
special
voters
precinct
board.
7
(2)
If
the
postmark
is
illegible,
missing,
or
dated
on
or
8
after
election
day,
the
commissioner
shall
attempt
to
verify
9
the
ballot’s
date
of
entry
into
the
federal
mail
system
by
10
querying
the
postal
service
barcode
in
the
tracking
information
11
database.
If
the
tracking
information
database
indicates
that
12
the
absentee
ballot
entered
the
federal
mail
system
by
the
13
deadline
specified
in
section
53.17
or
53.22
,
the
ballot
shall
14
be
included
for
canvass
by
the
absentee
and
special
voters
15
precinct
board.
The
commissioner
shall
provide
a
report
to
16
the
absentee
and
special
voters
precinct
board
regarding
the
17
information
available
in
the
tracking
information
database.
18
(3)
If
there
is
a
discrepancy
between
the
date
indicated
by
19
the
postmark
and
the
postal
service
barcode,
the
earlier
of
the
20
two
shall
determine
the
date
of
entry
of
the
absentee
ballot
21
into
the
federal
mail
system.
22
(4)
(a)
If
neither
the
postmark
nor
the
postal
service
23
barcode
indicates
that
the
absentee
ballot
entered
the
federal
24
mail
system
by
the
deadline
specified
in
section
53.17
or
25
53.22
,
the
absentee
ballot
shall
be
sent
to
the
absentee
26
and
special
voters
precinct
board
pursuant
to
subparagraph
27
division
(b)
with
the
numeric
value
assigned
to
the
postal
28
service
barcode
and
a
full
report
from
the
tracking
information
29
database.
30
(b)
Up
to
five
absentee
and
special
voters
precinct
board
31
members
from
each
political
party
for
partisan
elections,
32
or
any
two
members
of
the
board
for
nonpartisan
elections,
33
shall
review
the
postal
service
barcode
and
tracking
database
34
information
report
of
each
absentee
ballot
submitted
pursuant
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to
subparagraph
division
(a)
and
certify
that
the
tracking
1
information
database
report
corresponds
to
the
absentee
ballot
2
by
initialing
the
report
and
the
absentee
ballot
envelope.
3
If
the
board
concludes
that
the
postal
service
barcode
and
4
tracking
information
database
report
verify
that
the
absentee
5
ballot
entered
the
federal
mail
system
by
the
deadline
6
specified
in
section
53.17
or
53.22
,
the
ballot
shall
be
7
counted.
Otherwise,
the
ballot
shall
not
be
counted.
8
Sec.
10.
Section
53.18,
subsection
2,
Code
2023,
is
amended
9
to
read
as
follows:
10
2.
If
the
commissioner
receives
the
return
envelope
11
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
12
Saturday
before
the
election
for
general
elections
and
by
5:00
13
p.m.
on
the
Friday
before
the
election
for
all
other
elections,
14
the
commissioner
shall
review
the
affidavit
marked
on
the
15
return
envelope,
if
applicable,
for
completeness
or
shall
open
16
the
return
envelope
to
review
the
affidavit
for
completeness.
17
If
the
affidavit
lacks
the
signature
of
the
registered
voter,
18
the
commissioner
shall,
within
twenty-four
hours
of
the
receipt
19
of
the
envelope,
notify
the
voter
of
the
deficiency
and
inform
20
the
voter
that
the
voter
may
vote
a
replacement
ballot
as
21
provided
in
subsection
3
,
cast
a
ballot
as
provided
in
section
22
53.19,
subsection
3
,
or
complete
the
affidavit
in
person
at
23
the
office
of
the
commissioner
not
later
than
the
time
polls
24
close
on
election
day
close
of
business
on
the
day
before
the
25
election
.
26
Sec.
11.
Section
53.23,
subsection
5,
Code
2023,
is
amended
27
to
read
as
follows:
28
5.
a.
The
special
precinct
election
board
shall
preserve
29
the
secrecy
of
all
absentee
and
provisional
ballots.
After
30
the
affidavits
on
the
envelopes
have
been
reviewed
and
the
31
qualifications
of
the
persons
casting
the
ballots
have
been
32
determined,
those
that
have
been
accepted
for
counting
shall
33
be
opened.
The
ballots
shall
be
removed
from
the
affidavit
34
envelopes
or
return
envelopes
marked
with
the
affidavit,
as
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applicable,
without
being
unfolded
or
examined,
and
then
shall
1
be
thoroughly
intermingled,
after
which
they
shall
be
unfolded
2
and
tabulated.
If
secrecy
folders
or
envelopes
are
used
with
3
provisional
paper
ballots,
the
ballots
shall
be
removed
from
4
the
secrecy
folders
after
the
ballots
have
been
intermingled.
5
b.
The
board
shall
not
tabulate
absentee
ballots
in
excess
6
of
the
number
reported
received
by
the
commissioner
as
of
7
the
close
of
business
on
the
day
before
the
election.
This
8
paragraph
does
not
apply
to
a
ballot
cast
pursuant
to
section
9
9E.6
or
sections
53.37
through
53.53.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
casting
and
canvassing
of
absentee
14
ballots.
The
bill
requires
absentee
ballots
to
be
received
15
in
the
office
of
the
county
commissioner
of
elections
before
16
the
close
of
business
on
the
day
before
the
election.
Under
17
current
law,
absentee
ballots
must
be
received
in
the
office
18
of
the
county
commissioner
of
elections
by
the
time
the
polls
19
close
on
election
day.
The
bill
does
not
amend
the
deadline
20
under
current
law
for
the
receipt
of
absentee
ballots
from
21
confined
persons.
22
The
bill
prohibits
the
special
precinct
election
board
23
from
tabulating
absentee
ballots
in
excess
of
the
number
24
reported
received
by
the
commissioner
as
of
the
close
of
25
business
on
the
day
before
the
election,
except
for
ballots
26
cast
by
participants
in
the
address
confidentiality
program
or
27
uniformed
and
overseas
citizens.
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