Bill Text: IA HF2426 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the electronic delivery of absentee ballots for persons with certain physical disabilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-02-16 - Introduced, referred to State Government. H.J. 269. [HF2426 Detail]
Download: Iowa-2021-HF2426-Introduced.html
House
File
2426
-
Introduced
HOUSE
FILE
2426
BY
GERHOLD
,
BRADLEY
,
and
DUNWELL
A
BILL
FOR
An
Act
relating
to
the
electronic
delivery
of
absentee
ballots
1
for
persons
with
certain
physical
disabilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
53.2,
subsection
2,
Code
2022,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
Absentee
ballot
applications
shall
3
include
a
space
for
a
registered
voter
with
a
physical
4
disability
that
prevents
the
registered
voter
from
reading
5
or
marking
a
printed
ballot
without
assistance
from
another
6
person
to
request
that
an
absentee
ballot
be
delivered
to
the
7
registered
voter
electronically.
A
voter
requesting
that
an
8
absentee
ballot
be
delivered
electronically
shall
explain
9
why
the
voter
cannot
read
or
mark
a
physical
absentee
ballot
10
without
assistance
from
another
person.
The
state
commissioner
11
shall
adopt
rules
regarding
the
form
of
electronic
absentee
12
ballots.
13
Sec.
2.
Section
53.8,
subsection
1,
paragraph
a,
unnumbered
14
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
15
Upon
receipt
of
an
application
for
an
absentee
ballot
and
16
immediately
after
the
absentee
ballots
are
printed,
but
not
17
more
than
twenty
days
before
the
election,
the
commissioner
18
shall
mail
an
absentee
ballot
to
the
applicant
within
19
twenty-four
hours,
except
as
otherwise
provided
in
subsection
20
3
or
5
.
The
absentee
ballot
shall
be
sent
to
the
registered
21
voter
by
one
of
the
following
methods:
22
Sec.
3.
Section
53.8,
subsection
3,
paragraph
c,
Code
2022,
23
is
amended
to
read
as
follows:
24
c.
Nothing
in
this
subsection
nor
in
section
53.22
25
shall
be
construed
to
prohibit
a
registered
voter
who
is
a
26
hospital
patient
or
resident
of
a
health
care
facility,
or
who
27
anticipates
entering
a
hospital
or
health
care
facility
before
28
the
date
of
a
forthcoming
election,
from
casting
an
absentee
29
ballot
in
the
manner
prescribed
by
section
53.10
or
53.11
,
or
30
from
completing
an
electronic
absentee
ballot
in
the
manner
31
prescribed
by
subsection
5
.
32
Sec.
4.
Section
53.8,
Code
2022,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
5.
a.
(1)
When
an
application
for
an
35
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absentee
ballot
is
received
by
the
commissioner
from
a
voter
1
who
has
indicated
that
the
voter
has
a
physical
disability
that
2
prevents
the
voter
from
reading
or
marking
a
printed
ballot
3
without
assistance
from
another
person,
the
commissioner
shall
4
determine
whether
the
voter
qualifies
to
receive
an
electronic
5
absentee
ballot.
If
the
commissioner
determines
that
the
6
voter
qualifies
to
receive
an
electronic
absentee
ballot,
the
7
commissioner
shall
transmit
an
electronic
absentee
ballot
to
8
the
voter
in
a
form
that
allows
the
voter
to
electronically
9
read
and
mark
the
ballot
on
a
personal
computer
without
the
10
assistance
of
another
person.
An
electronic
absentee
ballot
11
shall
not
be
transmitted
prior
to
the
mailing
of
physical
12
absentee
ballots.
In
addition
to
an
electronic
absentee
13
ballot,
the
commissioner
shall
mail
all
physical
materials
14
other
than
an
absentee
ballot
as
provided
in
subsections
1
and
15
2.
16
(2)
If
the
commissioner
determines
that
the
voter
does
17
not
qualify
to
receive
an
electronic
absentee
ballot,
the
18
commissioner
shall
inform
the
voter
by
the
best
means
available
19
that
the
voter
does
not
qualify
to
receive
an
electronic
20
absentee
ballot,
the
reason
for
the
rejection,
and
that
the
21
voter
shall
be
mailed
a
physical
absentee
ballot.
22
b.
An
electronic
absentee
ballot
completed
pursuant
to
23
paragraph
“a”
shall
be
printed
by
the
voter
and
returned
to
24
the
commissioner
as
provided
in
section
53.17,
using
the
same
25
method
as
required
for
physical
absentee
ballots
in
that
26
election.
An
electronic
absentee
ballot
shall
not
be
returned
27
electronically.
28
c.
The
state
commissioner
shall
adopt
rules
for
the
29
transmission
and
marking
of
electronic
absentee
ballots.
30
Sec.
5.
Section
53.22,
subsection
2,
paragraph
a,
31
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
32
(1)
A
registered
voter
who
has
applied
for
an
absentee
33
ballot,
in
a
manner
other
than
that
prescribed
by
section
34
53.10
or
53.11
,
or
by
section
53.8,
subsection
5,
and
who
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is
a
resident,
tenant,
or
patient
in
a
health
care
facility,
1
assisted
living
program,
or
hospital
located
in
the
county
to
2
which
the
application
has
been
submitted
shall
be
delivered
3
the
appropriate
absentee
ballot
by
two
special
precinct
4
election
officers,
one
of
whom
shall
be
a
member
of
each
of
the
5
political
parties
referred
to
in
section
49.13
,
who
shall
be
6
appointed
by
the
commissioner
from
the
election
board
panel
7
for
the
special
precinct
established
by
section
53.20
.
The
8
special
precinct
election
officers
shall
be
sworn
in
the
manner
9
provided
by
section
49.75
for
election
board
members,
shall
10
receive
compensation
as
provided
in
section
49.20
,
and
shall
11
perform
their
duties
during
the
ten
calendar
days
after
the
12
ballots
are
printed
if
the
commissioner
so
elects,
during
the
13
fourteen
calendar
days
preceding
the
election,
and
on
election
14
day
if
all
ballots
requested
under
section
53.8,
subsection
3
,
15
have
not
previously
been
delivered
and
returned.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
the
electronic
delivery
of
absentee
20
ballots
to
certain
persons.
The
bill
requires
the
state
21
commissioner
of
elections
to
include
a
space
on
absentee
ballot
22
request
forms
for
a
voter
to
indicate
that
the
voter
wants
to
23
receive
an
electronic
absentee
ballot
because
the
voter
has
a
24
physical
disability
that
prevents
the
voter
from
reading
and
25
marking
a
physical
ballot
without
the
assistance
of
another
26
person.
If,
upon
receipt
of
an
absentee
ballot
request
form,
27
the
county
commissioner
of
elections
determines
that
the
voter
28
qualifies
to
receive
an
electronic
absentee
ballot,
the
county
29
commissioner
shall
transmit
an
electronic
absentee
ballot
30
to
the
voter
at
the
time
that
physical
absentee
ballots
are
31
mailed.
If
the
county
commissioner
determines
that
the
voter
32
does
not
qualify
to
receive
an
electronic
absentee
ballot,
the
33
county
commissioner
shall
inform
the
voter
of
the
rejection,
34
the
reason
therefore,
and
that
the
voter
will
receive
a
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physical
absentee
ballot.
1
The
bill
requires
an
electronic
absentee
ballot
to
be
2
transmitted
in
a
form
that
allows
the
voter
to
read
and
mark
3
the
ballot
using
a
personal
computer.
The
bill
then
requires
4
the
voter
to
print
the
absentee
ballot
and
return
it
in
the
5
same
manner
as
prescribed
for
physical
absentee
ballots.
The
6
bill
does
not
allow
a
voter
to
return
an
absentee
ballot
7
electronically.
The
bill
requires
the
state
commissioner
of
8
elections
to
adopt
rules
regarding
the
form,
transmission,
and
9
marking
of
electronic
absentee
ballots.
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