Bill Text: IA HF2385 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the automatic mailing of ballots, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2024-02-08 - Introduced, referred to State Government. H.J. 223. [HF2385 Detail]
Download: Iowa-2023-HF2385-Introduced.html
House
File
2385
-
Introduced
HOUSE
FILE
2385
BY
CROKEN
,
BAGNIEWSKI
,
SRINIVAS
,
WILSON
,
STAED
,
AMOS
JR.
,
MADISON
,
BUCK
,
BROWN-POWERS
,
KRESSIG
,
WILBURN
,
JACOBY
,
CAHILL
,
and
GJERDE
A
BILL
FOR
An
Act
relating
to
the
automatic
mailing
of
ballots,
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
22.7,
subsection
72,
Code
2024,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
48A.10A,
subsection
1,
Code
2024,
is
amended
3
to
read
as
follows:
4
1.
The
state
registrar
shall
compare
lists
of
persons
who
5
are
registered
to
vote
with
the
department
of
transportation’s
6
driver’s
license
and
nonoperator’s
identification
card
files
7
and
shall,
on
an
initial
basis,
issue
a
voter
identification
8
card
to
each
active,
registered
voter
whose
name
does
not
9
appear
in
the
department
of
transportation’s
files.
The
voter
10
identification
card
shall
include
the
name
of
the
registered
11
voter,
a
signature
line
above
which
the
registered
voter
shall
12
sign
the
voter
identification
card,
the
registered
voter’s
13
identification
number
assigned
to
the
voter
pursuant
to
section
14
47.7,
subsection
2
,
instructions
on
how
the
voter
may
track
the
15
status
of
an
absentee
ballot,
an
additional
four-digit
personal
16
identification
number
assigned
by
the
state
commissioner,
and
17
the
times
during
which
polling
places
will
be
open
on
election
18
days.
19
Sec.
3.
Section
53.1,
Code
2024,
is
amended
to
read
as
20
follows:
21
53.1
Right
to
vote
——
conditions
power
of
attorney
.
22
1.
Any
registered
voter
may,
subject
to
the
provisions
of
23
this
chapter
,
vote
at
any
election:
24
a.
When
the
voter
expects
to
be
absent
on
election
day
25
during
the
time
the
polls
are
open
from
the
precinct
in
which
26
the
voter
is
a
registered
voter.
27
b.
When,
through
illness
or
physical
disability,
the
voter
28
expects
to
be
prevented
from
going
to
the
polls
and
voting
on
29
election
day.
30
c.
When
the
voter
expects
to
be
unable
to
go
to
the
polls
31
and
vote
on
election
day.
32
2.
A
person
who
has
been
designated
to
have
power
of
33
attorney
by
a
registered
voter
does
not
have
authority
34
to
request
or
to
cast
an
absentee
ballot
on
behalf
of
the
35
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registered
voter.
1
Sec.
4.
Section
53.7,
Code
2024,
is
amended
to
read
as
2
follows:
3
53.7
Solicitation
by
public
employees.
4
1.
It
shall
be
unlawful
for
any
employee
of
the
state
or
any
5
employee
of
a
political
subdivision
to
solicit
any
application
6
or
request
for
application
for
an
absentee
ballot,
or
to
take
7
an
affidavit
in
connection
with
any
absentee
ballot
while
the
8
employee
is
on
the
employer’s
premises
or
otherwise
in
the
9
course
of
employment.
However,
any
such
employee
may
take
such
10
affidavit
in
connection
with
an
absentee
ballot
which
is
cast
11
by
the
registered
voter
in
person
in
the
office
where
such
12
employee
is
employed
in
accordance
with
section
53.10
or
53.11
.
13
This
subsection
shall
not
apply
to
any
elected
official.
14
2.
It
is
unlawful
for
any
public
officer
or
employee,
15
or
any
person
acting
under
color
of
a
public
officer
or
16
employee,
to
knowingly
require
a
public
employee
to
solicit
an
17
application
or
request
an
application
for
an
absentee
ballot,
18
or
to
knowingly
require
an
employee
to
take
an
affidavit
or
19
request
for
an
affidavit
in
connection
with
an
absentee
ballot
20
application
.
21
Sec.
5.
Section
53.8,
Code
2024,
is
amended
to
read
as
22
follows:
23
53.8
Ballot
mailed.
24
1.
a.
Upon
receipt
of
an
application
for
an
absentee
ballot
25
and
immediately
after
the
absentee
ballots
are
printed,
but
not
26
Not
more
than
twenty
forty-five
days
before
the
election,
the
27
commissioner
shall
mail
an
absentee
ballot
to
the
applicant
28
within
twenty-four
hours
each
registered
voter
,
except
as
29
otherwise
provided
in
subsection
3
.
The
absentee
ballot
30
shall
be
sent
to
the
registered
voter
by
one
of
the
following
31
methods:
32
(1)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
33
envelope
marked
with
a
serial
number
and
affidavit.
The
34
absentee
ballot
and
affidavit
envelope
shall
be
enclosed
in
35
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or
with
an
unsealed
return
envelope
marked
postage
paid
which
1
bears
the
same
serial
number
as
the
affidavit
envelope.
The
2
absentee
ballot,
affidavit
envelope,
and
return
envelope
shall
3
be
enclosed
in
a
third
envelope
to
be
sent
to
the
registered
4
voter.
If
the
ballot
cannot
be
folded
so
that
all
of
the
votes
5
cast
on
the
ballot
will
be
hidden,
the
commissioner
shall
also
6
enclose
a
secrecy
envelope
with
the
absentee
ballot.
7
(2)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
8
return
envelope
marked
with
a
serial
number
and
affidavit
9
and
marked
postage
paid.
The
absentee
ballot
and
return
10
envelope
shall
be
enclosed
in
a
second
envelope
to
be
sent
11
to
the
registered
voter.
If
the
ballot
cannot
be
folded
so
12
that
all
of
the
votes
cast
on
the
ballot
will
be
hidden,
the
13
commissioner
shall
also
enclose
a
secrecy
envelope
with
the
14
absentee
ballot.
15
b.
The
affidavit
shall
be
marked
on
the
appropriate
envelope
16
in
a
form
prescribed
by
the
state
commissioner
of
elections.
17
c.
For
envelopes
mailed
at
any
election
other
than
the
18
primary
election,
the
commissioner
shall
not
mark
any
envelope
19
with
any
information
related
to
the
party
affiliation
of
the
20
applicant
registered
voter
.
21
2.
a.
The
commissioner
shall
enclose
with
the
absentee
22
ballot
a
statement
informing
the
applicant
registered
23
voter
that
the
sealed
return
envelope
may
be
mailed
to
the
24
commissioner
by
the
registered
voter
or
a
person
not
prohibited
25
to
collect
and
deliver
a
completed
ballot
pursuant
to
section
26
53.33
,
may
be
returned
to
a
drop
box
established
by
the
27
commissioner
pursuant
to
section
53.17,
subsection
1
,
by
the
28
registered
voter
or
a
person
not
prohibited
to
collect
and
29
deliver
a
completed
ballot
pursuant
to
section
53.33
,
only
30
if
the
commissioner
has
established
such
a
drop
box,
or
may
31
be
personally
delivered
to
the
commissioner’s
office
by
the
32
registered
voter
or
a
person
not
prohibited
to
collect
and
33
deliver
a
completed
ballot
pursuant
to
section
53.33
.
The
34
statement
shall
also
inform
the
voter
that
the
voter
may
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request
that
the
person
not
prohibited
to
collect
and
deliver
a
1
completed
ballot
pursuant
to
section
53.33
complete
a
receipt
2
when
retrieving
the
ballot
from
the
voter
and
that
the
status
3
of
the
absentee
ballot
may
be
checked
on
the
internet
site
of
4
the
secretary
of
state
.
A
blank
receipt
shall
be
enclosed
with
5
the
absentee
ballot.
6
b.
If
an
application
is
received
so
late
that
it
is
unlikely
7
that
the
absentee
ballot
can
be
returned
in
time
to
be
counted
8
on
election
day,
the
commissioner
shall
enclose
with
the
9
absentee
ballot
a
statement
to
that
effect.
10
3.
a.
When
an
application
for
an
absentee
ballot
is
11
received
mailed
by
the
commissioner
of
any
county
from
to
a
12
registered
voter
who
is
a
patient
in
a
hospital
in
that
county,
13
a
tenant
of
an
assisted
living
program
in
that
county
as
shown
14
by
the
list
of
certifications
provided
the
commissioner
under
15
section
231C.21
,
or
a
resident
of
any
facility
in
that
county
16
shown
to
be
a
health
care
facility
by
the
list
of
licenses
17
provided
the
commissioner
under
section
135C.29
,
the
absentee
18
ballot
shall
be
delivered
to
the
voter
and
returned
to
the
19
commissioner
in
the
manner
prescribed
by
section
53.22
.
For
20
purposes
of
this
paragraph,
“assisted
living
program”
means
a
21
program
certified
pursuant
to
section
231C.3
that
meets
the
22
standards
for
a
dementia-specific
assisted
living
program,
as
23
established
by
rule
by
the
department
of
inspections,
appeals,
24
and
licensing.
25
b.
(1)
If
the
application
is
received
more
than
five
26
days
before
the
ballots
are
printed
and
the
commissioner
has
27
elected
to
have
the
ballots
personally
delivered
during
the
28
ten-day
period
after
the
ballots
are
printed,
the
commissioner
29
shall
mail
to
the
applicant
within
twenty-four
hours
a
letter
30
in
substantially
the
following
form:
The
state
commissioner
31
shall
adopt
rules
regarding
the
delivery
and
return
of
absentee
32
ballots
pursuant
to
this
subsection.
33
Your
application
for
an
absentee
ballot
for
the
election
34
to
be
held
on
......
has
been
received.
This
ballot
will
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be
personally
delivered
to
you
by
a
bipartisan
team
sometime
1
during
the
ten
days
after
the
ballots
are
printed.
If
you
will
2
not
be
at
the
address
from
which
your
application
was
sent
3
during
any
or
all
of
the
ten-day
period
immediately
following
4
the
printing
of
the
ballots,
the
ballot
will
be
personally
5
delivered
to
you
sometime
during
the
fourteen
days
preceding
6
the
election.
If
you
will
not
be
at
the
address
from
which
7
your
application
was
sent
during
either
of
these
time
periods,
8
contact
this
office
and
arrangements
will
be
made
to
have
your
9
absentee
ballot
delivered
at
a
time
when
you
will
be
present
at
10
that
address.
11
(2)
If
the
application
is
received
more
than
fourteen
12
calendar
days
before
the
election
and
the
commissioner
has
not
13
elected
to
mail
absentee
ballots
to
applicants
as
provided
14
under
section
53.22,
subsection
4
,
and
has
not
elected
to
have
15
the
absentee
ballots
personally
delivered
during
the
ten-day
16
period
after
the
ballots
are
printed,
the
commissioner
shall
17
mail
to
the
applicant
within
twenty-four
hours
a
letter
in
18
substantially
the
following
form:
19
Your
application
for
an
absentee
ballot
for
the
election
20
to
be
held
on
......
has
been
received.
This
ballot
will
21
be
personally
delivered
to
you
by
a
bipartisan
team
sometime
22
during
the
fourteen
days
preceding
the
election.
If
you
will
23
not
be
at
the
address
from
which
your
application
was
sent
24
during
any
or
all
of
the
fourteen-day
period
immediately
25
preceding
the
election,
contact
this
office
and
arrangements
26
will
be
made
to
have
your
absentee
ballot
delivered
at
a
time
27
when
you
will
be
present
at
that
address.
28
c.
Nothing
in
this
subsection
nor
in
section
53.22
29
shall
be
construed
to
prohibit
a
registered
voter
who
is
a
30
hospital
patient
or
resident
of
a
health
care
facility,
or
who
31
anticipates
entering
a
hospital
or
health
care
facility
before
32
the
date
of
a
forthcoming
election,
from
casting
an
absentee
33
ballot
in
the
manner
prescribed
by
section
53.10
or
53.11
.
34
4.
The
commissioner
and
the
state
commissioner
shall
not
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mail
an
absentee
ballot
to
a
person
who
has
not
submitted
an
1
application
for
an
absentee
ballot.
2
Sec.
6.
Section
53.10,
subsection
2,
Code
2024,
is
amended
3
to
read
as
follows:
4
2.
a.
Each
person
who
wishes
to
vote
by
absentee
ballot
5
at
the
commissioner’s
office
shall
first
sign
an
application
6
for
a
ballot
including
the
following
information:
name,
7
current
address,
voter
verification
number,
and
the
election
8
for
which
the
ballot
is
requested.
The
person
may
report
a
9
change
of
address
or
other
information
on
the
person’s
voter
10
registration
record
at
that
time.
Prior
to
furnishing
a
11
ballot,
the
commissioner
shall
verify
the
person’s
identity
12
as
provided
in
section
49.78
.
The
registered
voter
shall
13
immediately
mark
the
ballot;
enclose
the
ballot
in
a
secrecy
14
envelope,
if
necessary,
and
seal
it
in
the
envelope
marked
15
with
the
affidavit;
subscribe
to
the
affidavit
on
the
reverse
16
side
of
the
envelope;
and
return
the
absentee
ballot
to
the
17
commissioner.
The
commissioner
shall
record
the
numbers
18
appearing
on
the
application
and
affidavit
envelope
along
with
19
the
name
of
the
registered
voter.
20
b.
For
purposes
of
this
subsection
,
“voter
verification
21
number”
means
the
registered
voter’s
driver’s
license
number
22
or
nonoperator’s
identification
card
number
assigned
to
the
23
voter
by
the
department
of
transportation
or
the
registered
24
voter’s
identification
number
assigned
to
the
voter
by
the
25
state
commissioner
pursuant
to
section
47.7,
subsection
2
.
26
Sec.
7.
Section
53.12,
Code
2024,
is
amended
to
read
as
27
follows:
28
53.12
Duty
of
commissioner.
29
The
commissioner
shall
enclose
the
absentee
ballot
in
30
an
unsealed
envelope,
to
be
furnished
by
the
commissioner,
31
which
envelope
shall
bear
upon
its
face
the
words
“county
32
commissioner
of
elections”,
the
address
of
the
commissioner’s
33
office,
and
the
same
a
serial
number
appearing
on
the
unsealed
34
envelope
shall
be
affixed
to
the
application
.
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Sec.
8.
Section
53.18,
subsections
1
and
3,
Code
2024,
are
1
amended
to
read
as
follows:
2
1.
When
the
return
envelope
containing
the
completed
3
absentee
ballot
is
received
by
the
commissioner,
the
4
commissioner
shall
at
once
electronically
record
receipt
of
5
such
ballot.
Absentee
ballots
shall
be
stored
in
a
secure
6
place
until
they
are
delivered
to
the
absentee
and
special
7
voters
precinct
board.
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
envelope
marked
with
the
affidavit
shall
be
considered
17
to
contain
a
defect
if
it
appears
to
the
commissioner
that
18
the
signature
on
the
envelope
has
been
signed
by
someone
19
other
than
the
registered
voter,
in
comparing
the
signature
20
on
the
envelope
to
the
signature
on
record
of
the
registered
21
voter
named
on
the
envelope.
A
signature
or
marking
made
22
in
accordance
with
section
39.3,
subsection
17
,
shall
not
23
be
considered
a
defect
for
purposes
of
this
section
.
The
24
voter
may
request
a
replacement
ballot
in
person,
in
writing,
25
or
over
the
telephone.
The
same
serial
number
that
was
26
assigned
to
the
records
of
the
original
absentee
ballot
27
application
shall
be
used
on
the
envelope
and
records
of
the
28
replacement
ballot.
The
envelope
marked
with
the
affidavit
and
29
containing
the
completed
replacement
ballot
shall
be
marked
30
“Replacement
ballot”.
The
envelope
marked
with
the
affidavit
31
and
containing
the
original
ballot
shall
be
marked
“Defective”
32
and
the
replacement
ballot
shall
be
attached
to
such
envelope
33
containing
the
original
ballot
and
shall
be
stored
in
a
secure
34
place
until
they
are
delivered
to
the
absentee
and
special
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voters
precinct
board,
notwithstanding
sections
53.26
and
1
53.27
.
2
Sec.
9.
Section
53.19,
subsection
1,
Code
2024,
is
amended
3
to
read
as
follows:
4
1.
The
commissioner
shall
maintain
a
list
of
the
absentee
5
ballots
provided
to
registered
voters,
the
serial
number
6
appearing
on
the
unsealed
envelope,
the
date
the
application
7
for
the
absentee
ballot
was
received,
the
date
the
absentee
8
ballot
was
sent
to
the
registered
voter
requesting
the
absentee
9
ballot
,
the
date
the
absentee
ballot
was
received
by
the
10
commissioner,
the
date
the
absentee
ballot
outer
envelope
11
was
opened,
and
whether
the
ballot
was
delivered
by
mail,
in
12
person,
to
a
ballot
drop
box,
or
cast
in
person
at
a
satellite
13
location.
The
information
under
this
subsection
shall
be
14
reported
separately
at
the
same
time
as
the
information
15
reported
under
section
53.30,
subsection
3
.
16
Sec.
10.
Section
53.19,
subsection
3,
paragraph
b,
Code
17
2024,
is
amended
to
read
as
follows:
18
b.
A
registered
voter
who
has
requested
an
absentee
ballot
19
by
mail
but
for
any
reason
has
not
received
it
an
absentee
20
ballot
by
mail
or
who
has
not
brought
the
ballot
to
the
polls
21
may
appear
at
the
voter’s
precinct
polling
place
on
election
22
day
and,
after
the
precinct
election
officials
confirm
the
23
commissioner
has
not
received
the
voter’s
absentee
ballot,
the
24
voter
shall
be
permitted
to
vote
in
person
at
the
polls.
If
25
the
precinct
election
officials
are
unable
to
confirm
whether
26
the
commissioner
has
received
the
voter’s
absentee
ballot,
the
27
voter
shall
cast
a
ballot
in
accordance
with
section
49.81
.
28
Sec.
11.
Section
53.21,
subsection
1,
Code
2024,
is
amended
29
to
read
as
follows:
30
1.
A
voter
who
has
requested
an
absentee
ballot
may
obtain
31
a
replacement
absentee
ballot
if
the
voter
declares
that
the
32
original
ballot
was
lost
or
did
not
arrive.
The
commissioner
33
upon
receipt
of
a
written
or
oral
request
for
a
replacement
34
ballot
shall
provide
a
duplicate
ballot.
The
same
serial
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number
that
was
assigned
to
the
records
of
the
original
1
absentee
ballot
request
shall
be
used
on
the
envelopes
and
2
records
of
the
replacement
ballot.
3
Sec.
12.
Section
53.21,
subsection
2,
paragraph
a,
Code
4
2024,
is
amended
to
read
as
follows:
5
a.
The
commissioner
shall
include
with
the
replacement
6
ballot
two
copies
of
a
statement
in
substantially
the
following
7
form:
8
The
My
absentee
ballot
which
I
requested
on
........
(date)
9
has
been
lost
or
was
never
received.
If
I
find
this
absentee
10
ballot
I
will
return
it,
unvoted,
to
the
commissioner.
11
.........
12
(Signature
of
voter)
13
.........
14
(Date)
15
Sec.
13.
Section
53.22,
subsection
2,
paragraph
a,
16
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
17
(1)
A
registered
voter
who
has
applied
for
an
absentee
18
ballot,
in
a
manner
other
than
that
prescribed
by
section
53.10
19
or
53.11
,
and
who
is
a
resident,
tenant,
or
patient
in
a
health
20
care
facility,
assisted
living
program,
or
hospital
located
in
21
the
county
to
which
the
application
has
been
submitted
shall
22
be
delivered
the
appropriate
absentee
ballot
by
two
special
23
precinct
election
officers,
one
of
whom
shall
be
a
member
of
24
each
of
the
political
parties
referred
to
in
section
49.13
,
who
25
shall
be
appointed
by
the
commissioner
from
the
election
board
26
panel
for
the
special
precinct
established
by
section
53.20
.
27
The
special
precinct
election
officers
shall
be
sworn
in
the
28
manner
provided
by
section
49.75
for
election
board
members,
29
shall
receive
compensation
as
provided
in
section
49.20
,
30
and
shall
perform
their
duties
during
the
ten
calendar
days
31
after
the
ballots
are
printed
if
the
commissioner
so
elects,
32
during
the
fourteen
calendar
days
preceding
the
election,
and
33
on
election
day
if
all
ballots
requested
under
section
53.8,
34
subsection
3
,
have
not
previously
been
delivered
and
returned.
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Sec.
14.
Section
53.22,
subsection
2,
paragraphs
b
and
c,
1
Code
2024,
are
amended
to
read
as
follows:
2
b.
If
an
applicant
under
a
registered
voter
subject
to
this
3
subsection
notifies
the
commissioner
that
the
applicant
voter
4
will
not
be
available
at
the
health
care
facility,
assisted
5
living
program,
or
hospital
address
at
any
time
during
the
6
ten-day
period
after
the
ballots
are
printed,
if
applicable,
7
or
during
the
fourteen-day
period
immediately
prior
to
the
8
election,
but
will
be
available
there
at
some
other
time
prior
9
to
the
election
or
on
election
day,
the
commissioner
shall
10
direct
the
two
special
precinct
election
officers
to
deliver
11
the
applicant’s
ballot
at
an
appropriate
time
preceding
the
12
election
or
on
election
day.
If
a
person
who
so
requested
an
13
absentee
ballot
voter
has
been
dismissed
from
the
health
care
14
facility
or
hospital,
or
is
no
longer
a
tenant
of
the
assisted
15
living
program,
the
special
precinct
election
officers
may
take
16
the
ballot
to
the
voter
if
the
voter
is
currently
residing
in
17
the
county.
18
c.
The
special
precinct
election
officers
shall
travel
19
together
in
the
same
vehicle
and
both
shall
be
present
when
20
an
applicant
a
voter
casts
an
absentee
ballot.
If
either
21
or
both
of
the
special
precinct
election
officers
fail
to
22
appear
at
the
time
the
duties
set
forth
in
this
section
are
23
to
be
performed,
the
commissioner
shall
at
once
appoint
some
24
other
person,
giving
preference
to
persons
designated
by
25
the
respective
county
chairpersons
of
the
political
parties
26
described
in
section
49.13
,
to
carry
out
the
requirements
of
27
this
section
.
The
persons
authorized
by
this
subsection
to
28
deliver
an
absentee
ballot
to
an
applicant
a
voter
,
and,
if
29
requested,
may
assist
the
applicant
voter
in
filling
out
the
30
ballot
as
permitted
by
section
49.90
.
After
the
voter
has
31
securely
sealed
the
marked
ballot
in
the
envelope
provided
and
32
has
subscribed
to
the
oath,
the
voted
absentee
ballots
shall
33
be
deposited
in
a
sealed
container
which
shall
be
returned
to
34
the
commissioner
on
the
same
day
the
ballots
are
voted.
On
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election
day
the
officers
shall
return
the
sealed
container
by
1
the
time
the
polls
are
closed.
2
Sec.
15.
Section
53.22,
subsections
3,
4,
and
5,
Code
2024,
3
are
amended
to
read
as
follows:
4
3.
Any
registered
voter
who
becomes
a
patient,
tenant,
or
5
resident
of
a
hospital,
assisted
living
program,
or
health
6
care
facility
in
the
county
where
the
voter
is
registered
7
to
vote
after
the
deadline
to
make
a
written
application
8
for
an
absentee
ballot
as
provided
in
section
53.2
within
9
three
days
prior
to
the
date
of
any
election
or
on
election
10
day
may
request
an
absentee
ballot
during
that
period
or
on
11
election
day.
As
an
alternative
to
the
application
procedure
12
prescribed
by
section
53.2
,
the
The
registered
voter
may
make
13
the
request
directly
to
the
officers
who
are
delivering
and
14
returning
absentee
ballots
under
this
section
.
Alternatively,
15
the
request
may
be
made
by
telephone
to
the
office
of
the
16
commissioner
not
later
than
four
hours
before
the
close
of
the
17
polls.
If
the
requester
is
found
to
be
a
registered
voter
18
of
that
county,
these
officers
shall
deliver
the
appropriate
19
absentee
ballot
to
the
registered
voter
in
the
manner
20
prescribed
by
this
section
.
21
4.
For
any
election
except
a
primary
or
general
election
22
or
a
special
election
to
fill
a
vacancy
under
section
69.14
,
23
the
commissioner
may,
as
an
alternative
to
subsection
2
,
mail
24
an
absentee
ballot
to
an
applicant
a
registered
voter
under
25
this
section
to
be
voted
and
returned
to
the
commissioner
in
26
accordance
with
this
chapter
.
This
subsection
only
applies
27
to
applications
for
absentee
ballots
from
for
a
single
health
28
care
facility,
assisted
living
program,
or
hospital
if
there
29
are
no
more
than
two
applications
from
that
facility,
program,
30
or
hospital.
31
5.
The
commissioner
shall
mail
an
absentee
ballot
to
a
32
registered
voter
who
has
applied
for
an
absentee
ballot
and
33
who
is
a
patient,
tenant,
or
resident
of
a
hospital,
assisted
34
living
program,
or
health
care
facility
outside
the
county
in
35
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which
the
voter
is
registered
to
vote.
1
Sec.
16.
Section
53.22,
subsection
6,
paragraph
a,
Code
2
2024,
is
amended
to
read
as
follows:
3
a.
If
the
registered
voter
becomes
a
patient,
tenant,
or
4
resident
of
a
hospital,
assisted
living
program,
or
health
care
5
facility
outside
the
county
where
the
voter
is
registered
to
6
vote
after
the
deadline
to
make
a
written
application
for
an
7
absentee
ballot
as
provided
in
section
53.2
within
three
days
8
of
any
election
or
on
election
day,
the
voter
may
designate
a
9
person
to
deliver
and
return
the
absentee
ballot.
The
designee
10
shall
be
a
person
not
prohibited
to
collect
and
deliver
a
11
completed
ballot
pursuant
to
section
53.33
.
The
request
for
12
an
absentee
ballot
may
be
made
by
telephone
to
the
office
of
13
the
commissioner
not
later
than
four
hours
before
the
close
of
14
the
polls.
If
the
requester
is
found
to
be
a
registered
voter
15
of
that
county,
the
ballot
shall
be
delivered
by
mail
or
by
the
16
person
designated
by
the
voter.
An
application
form
shall
be
17
included
with
the
absentee
ballot
and
shall
be
signed
by
the
18
voter
and
returned
with
the
ballot.
19
Sec.
17.
Section
53.23,
subsection
3,
paragraph
c,
Code
20
2024,
is
amended
to
read
as
follows:
21
c.
The
commissioner
may
shall
convene
the
special
precinct
22
election
board
on
the
day
before
the
election
on
November
1
to
23
begin
counting
absentee
ballots.
However,
if
in
the
preceding
24
general
election
the
counting
of
absentee
ballots
was
not
25
completed
by
10:00
p.m.
on
election
day,
the
commissioner
shall
26
convene
the
special
precinct
election
board
on
the
day
before
27
the
next
general
election
to
begin
counting
absentee
ballots.
28
The
board
shall
not
release
the
results
of
its
tabulation
29
pursuant
to
this
paragraph
until
the
count
is
completed
on
30
election
day.
31
Sec.
18.
Section
53.23,
subsection
4,
Code
2024,
is
amended
32
to
read
as
follows:
33
4.
The
room
where
members
of
the
special
precinct
election
34
board
are
engaged
in
counting
absentee
ballots
on
the
day
35
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before
the
election
pursuant
to
subsection
3
,
paragraph
“c”
,
1
or
during
the
hours
the
polls
are
open
shall
be
policed
so
2
as
to
prevent
any
person
other
than
those
whose
presence
is
3
authorized
by
this
subsection
from
obtaining
information
4
about
the
progress
of
the
count.
The
only
persons
who
may
5
be
admitted
to
that
room
are
the
members
of
the
board,
five
6
challengers
representing
each
political
party,
one
observer
7
representing
any
nonparty
political
organization
or
any
8
candidate
nominated
by
petition
pursuant
to
chapter
45
or
9
any
other
nonpartisan
candidate
in
a
city
or
school
election
10
appearing
on
the
ballot
of
the
election
in
progress,
one
11
observer
representing
persons
supporting
a
public
measure
12
appearing
on
the
ballot
and
one
observer
representing
13
persons
opposed
to
such
measure,
and
the
commissioner
or
the
14
commissioner’s
designee.
It
shall
be
unlawful
for
any
of
these
15
persons
to
communicate
or
attempt
to
communicate,
directly
or
16
indirectly,
information
regarding
the
progress
of
the
count
at
17
any
time
while
the
board
is
convened
pursuant
to
subsection
3
,
18
paragraph
“c”
,
or
at
any
time
before
the
polls
are
closed.
19
Sec.
19.
Section
53.39,
subsection
1,
Code
2024,
is
amended
20
to
read
as
follows:
21
1.
Section
53.2
does
not
apply
in
the
case
of
a
qualified
22
voter
of
the
state
of
Iowa
serving
in
the
armed
forces
of
the
23
United
States.
In
any
such
case
an
application
for
ballot
as
24
provided
for
in
that
section
is
not
required
and
an
An
absent
25
voter’s
ballot
shall
be
sent
or
made
available
to
any
such
26
a
qualified
voter
of
the
state
of
Iowa
serving
in
the
armed
27
forces
of
the
United
States
upon
a
request
as
provided
in
this
28
subchapter
.
29
Sec.
20.
Section
53.45,
subsection
4,
Code
2024,
is
amended
30
to
read
as
follows:
31
4.
Notwithstanding
the
provisions
of
section
53.49
,
32
an
eligible
elector
who
requests
a
special
absentee
ballot
33
under
this
section
may
also
make
application
for
an
absentee
34
ballot
under
section
53.2
or
an
armed
forces
absentee
ballot
35
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under
section
53.40
.
If
the
regular
absentee
or
armed
forces
1
absentee
ballot
is
properly
voted
and
returned,
the
special
2
absentee
ballot
is
void
and
the
commissioner
shall
reject
it
in
3
whole
when
special
absentee
ballots
are
canvassed.
4
Sec.
21.
Section
53.49,
Code
2024,
is
amended
to
read
as
5
follows:
6
53.49
Applicable
to
armed
forces
and
other
citizens.
7
The
provisions
of
this
subchapter
as
to
absent
voting
shall
8
apply
only
to
absent
voters
in
the
armed
forces
of
the
United
9
States
as
defined
for
the
purpose
of
absentee
voting
in
section
10
53.37
.
The
provisions
of
sections
section
53.1
and
sections
11
53.4
through
53.33
shall
apply
to
all
other
voters
not
members
12
of
the
armed
forces
of
the
United
States.
13
Sec.
22.
REPEAL.
Sections
53.2
and
53.3,
Code
2024,
are
14
repealed.
15
Sec.
23.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
16
3,
shall
not
apply
to
this
Act.
17
Sec.
24.
APPLICABILITY.
This
Act
applies
to
all
elections
18
taking
place
on
or
after
July
1,
2024.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
mailing
of
absentee
ballots.
23
The
bill
requires
county
commissioners
of
elections
to
24
automatically
mail
absentee
ballots
to
all
registered
voters
25
45
days
before
an
election
and
to
electronically
confirm
the
26
receipt
of
returned
absentee
ballots.
Current
law
requires
27
registered
voters
to
submit
an
application
prior
to
receiving
28
an
absentee
ballot,
and
provides
that
commissioners
mail
29
absentee
ballots
not
earlier
than
20
days
before
the
election.
30
The
special
precinct
election
board
must
convene
starting
on
31
November
1
to
begin
counting
ballots.
32
The
bill
requires
voter
registration
cards
and
absentee
33
ballots
to
include
instructions
on
how
absentee
ballots
may
be
34
tracked
by
the
voter.
The
bill
may
include
a
state
mandate
as
35
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defined
in
Code
section
25B.3.
The
bill
makes
inapplicable
1
Code
section
25B.2,
subsection
3,
which
would
relieve
a
2
political
subdivision
from
complying
with
a
state
mandate
if
3
funding
for
the
cost
of
the
state
mandate
is
not
provided
or
4
specified.
Therefore,
political
subdivisions
are
required
to
5
comply
with
any
state
mandate
included
in
the
bill.
6
The
bill
applies
to
all
elections
taking
place
on
or
after
7
July
1,
2024.
8
-15-
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5695YH
(3)
90
ss/ns
15/
15