Bill Text: IA HF523 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to the conduct of elections.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2023-03-01 - Introduced, referred to State Government. H.J. 452. [HF523 Detail]

Download: Iowa-2023-HF523-Introduced.html
House File 523 - Introduced HOUSE FILE 523 BY MADISON , CROKEN , BUCK , BAGNIEWSKI , STECKMAN , ABDUL-SAMAD , KURTH , WESSEL-KROESCHELL , WILBURN , B. MEYER , STAED , and LEVIN A BILL FOR An Act relating to the conduct of elections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2070YH (8) 90 ss/ns
H.F. 523 Section 1. Section 48A.27, subsection 4, paragraph c, 1 subparagraph (2), Code 2023, is amended to read as follows: 2 (2) The notice shall contain a statement in substantially 3 the following form: 4 Information received from the United States postal service 5 indicates that you are no longer a resident of, and therefore 6 not eligible to vote in (name of county) County, Iowa. If this 7 information is not correct, and you still live in (name of 8 county) County, please complete and mail the attached postage 9 paid card at least fifteen days before any election at which 10 you wish to vote. If the information is correct and you have 11 moved, please contact a local official in your new area for 12 assistance in registering there. If you do not mail in the 13 card, you may be required to show identification before being 14 allowed to vote in (name of county) County. If you do not 15 return the card, and you do not vote in an election in (name 16 of county) County, Iowa, on or before (date of second general 17 election following the date of the notice) your name will be 18 removed from the list of voters in that county. 19 Sec. 2. Section 48A.29, subsection 1, paragraph b, Code 20 2023, is amended to read as follows: 21 b. The notice shall contain a statement in substantially the 22 following form: 23 Information received from the United States postal service 24 indicates that you are no longer a resident of (residence 25 address) in (name of county) County, Iowa. If this information 26 is not correct, and you still live in (name of county) County, 27 please complete and mail the attached postage paid card at 28 least fifteen days before any election at which you wish to 29 vote. If the information is correct, and you have moved, 30 please contact a local official in your new area for assistance 31 in registering there. If you do not mail in the card, you may 32 be required to show identification before being allowed to vote 33 in (name of county) County. If you do not return the card, and 34 you do not vote in some election in (name of county) County, 35 -1- LSB 2070YH (8) 90 ss/ns 1/ 9
H.F. 523 Iowa, on or before (date of second general election following 1 the date of the notice) your name will be removed from the list 2 of voters in that county. 3 Sec. 3. Section 48A.29, subsection 3, paragraph b, Code 4 2023, is amended to read as follows: 5 b. The notice shall contain a statement in substantially the 6 following form: 7 Information received by this office indicates that you are no 8 longer a resident of (residence address) in (name of county) 9 County, Iowa. If the information is not correct, and you still 10 live at that address, please complete and mail the attached 11 postage paid card at least fifteen days before any election at 12 which you wish to vote. If the information is correct, and you 13 have moved within the county, you may update your registration 14 by listing your new address on the card and mailing it back. 15 If you have moved outside the county, please contact a local 16 official in your new area for assistance in registering there. 17 If you do not mail in the card, you may be required to show 18 identification before being allowed to vote in (name of county) 19 County. If you do not return the card, and you do not vote in 20 some election in (name of county) County, Iowa, on or before 21 (date of second general election following the date of the 22 notice) your name will be removed from the list of registered 23 voters in that county. 24 Sec. 4. Section 48A.30, subsection 1, paragraph g, Code 25 2023, is amended by striking the paragraph. 26 Sec. 5. Section 48A.30, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. When a registration is canceled pursuant to subsection 29 1 , paragraph “d” , or “e” , or “g” , the commissioner shall send a 30 notice of the cancellation to the registered voter. 31 Sec. 6. Section 49.73, subsection 2, paragraph a, Code 2023, 32 is amended to read as follows: 33 a. All polling places where the candidates of or any public 34 question submitted by any one political subdivision are being 35 -2- LSB 2070YH (8) 90 ss/ns 2/ 9
H.F. 523 voted upon shall be opened at the same hour. The hours at which 1 the respective precinct polling places are to open shall not 2 be changed after publication of the notice required by section 3 49.53 . The polling places shall be closed at 8:00 9:00 p.m. 4 for all elections. 5 Sec. 7. Section 49.78, subsection 2, paragraph a, Code 2023, 6 is amended by adding the following new subparagraphs: 7 NEW SUBPARAGRAPH . (6) A social security card. 8 NEW SUBPARAGRAPH . (7) A birth certificate. 9 NEW SUBPARAGRAPH . (8) A document for receiving public 10 assistance. 11 NEW SUBPARAGRAPH . (9) A supplemental nutrition assistance 12 program card. 13 NEW SUBPARAGRAPH . (10) A Medicare or Medicaid card. 14 NEW SUBPARAGRAPH . (11) A hunting or fishing license. 15 NEW SUBPARAGRAPH . (12) A university or college 16 identification card. 17 NEW SUBPARAGRAPH . (13) A government or other employer 18 identification card. 19 NEW SUBPARAGRAPH . (14) A paycheck. 20 NEW SUBPARAGRAPH . (15) A debit or credit card. 21 NEW SUBPARAGRAPH . (16) A utility bill in print or 22 electronic format. 23 NEW SUBPARAGRAPH . (17) Any other form of identification 24 approved by the Iowa state association of county auditors. 25 Sec. 8. Section 53.8, subsection 1, paragraph a, unnumbered 26 paragraph 1, Code 2023, is amended to read as follows: 27 Upon receipt of an application for an absentee ballot 28 and immediately after the absentee ballots are printed, but 29 not more than twenty forty days before the election, the 30 commissioner shall mail an absentee ballot to the applicant 31 within twenty-four hours, except as otherwise provided in 32 subsection 3 . The absentee ballot shall be sent to the 33 registered voter by one of the following methods: 34 Sec. 9. Section 53.8, subsection 2, paragraph a, Code 2023, 35 -3- LSB 2070YH (8) 90 ss/ns 3/ 9
H.F. 523 is amended to read as follows: 1 a. The commissioner shall enclose with the absentee ballot 2 a statement informing the applicant that the sealed return 3 envelope may be mailed to the commissioner by the registered 4 voter or a person not prohibited to collect and deliver a 5 completed ballot pursuant to section 53.33 , may be returned to 6 a drop box established by the commissioner pursuant to section 7 53.17, subsection 1 , by the registered voter or a person not 8 prohibited to collect and deliver a completed ballot pursuant 9 to section 53.33 , only if the commissioner has established 10 such a drop box, or may be personally delivered to the 11 commissioner’s office by the registered voter or a person not 12 prohibited to collect and deliver a completed ballot pursuant 13 to section 53.33 . The statement shall also inform the voter 14 that the voter may request must require that the person not 15 prohibited to collect and deliver a completed ballot pursuant 16 to section 53.33 complete a receipt when retrieving the ballot 17 from the voter. A blank receipt shall be enclosed with the 18 absentee ballot. 19 Sec. 10. Section 53.10, subsection 1, Code 2023, is amended 20 to read as follows: 21 1. Not more than twenty forty days before the date of the 22 primary election or the general election, the commissioner 23 shall provide facilities for absentee voting in person at the 24 commissioner’s office. This service shall also be provided 25 for other elections as soon as the ballots are ready, but in 26 no case shall absentee ballots be available under this section 27 more than twenty forty days before an election. 28 Sec. 11. Section 53.11, subsection 1, paragraphs a and b, 29 Code 2023, are amended to read as follows: 30 a. Not more than twenty forty days before the date of 31 an election, satellite absentee voting stations may be 32 established throughout the cities and county at the direction 33 of the commissioner and shall be established upon receipt 34 of a petition signed by not less than one hundred eligible 35 -4- LSB 2070YH (8) 90 ss/ns 4/ 9
H.F. 523 electors requesting that a satellite absentee voting station 1 be established at a location to be described on the petition. 2 The commissioner shall establish a satellite absentee voting 3 station on the Saturday before an election at a public building 4 where members of the public commonly gather. However, if a 5 special election is scheduled in the county on a date that 6 falls between the date of the regular city election and the 7 date of the city runoff election, the commissioner is not 8 required to establish a satellite absentee voting station for 9 the city runoff election. 10 b. A satellite absentee voting station established by 11 petition must be open at least one day for a minimum of six 12 hours and . A satellite absentee voting station established at 13 the direction of the commissioner or by petition may remain 14 open until 5:00 p.m. on the day before the election. 15 Sec. 12. Section 53.17, subsection 1, paragraph b, Code 16 2023, is amended to read as follows: 17 b. The sealed return envelope may be mailed to the 18 commissioner by the registered voter or by the voter’s 19 designee. If mailed by the voter’s designee, the envelope must 20 be mailed within seventy-two hours of retrieving it from the 21 voter or within time to have the postal service barcode traced 22 to a date of entry into the federal mail system not later than 23 the day before the election, as provided in section 53.17A, 24 whichever is earlier . 25 Sec. 13. Section 53.17, subsection 1, paragraph c, 26 subparagraph (1), Code 2023, is amended to read as follows: 27 (1) A commissioner shall not may establish more than one 28 ballot drop box, which shall be located at the office of 29 the commissioner, or on property owned and maintained by the 30 county that directly surrounds the building where the office 31 is located. For the purposes of this subparagraph, “office of 32 the commissioner” means a location where a voter may receive 33 services pursuant to section 48A.17 , 50.20 , 53.10 , or 53.18 any 34 number of ballot drop boxes, except that a commissioner in a 35 -5- LSB 2070YH (8) 90 ss/ns 5/ 9
H.F. 523 county with a population of at twenty-five thousand or more 1 shall establish at least one ballot drop box per twenty-five 2 thousand people . 3 Sec. 14. Section 53.17, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. In order for the ballot to be counted, the return 6 envelope must be received in the commissioner’s office before 7 the polls close on election day or bear a postal service 8 barcode traceable to a date of entry into the federal mail 9 system not later than the day before the election, as provided 10 in section 53.17A, and received by the commissioner not later 11 than noon on the Monday following the election . 12 Sec. 15. Section 53.17, subsection 4, unnumbered paragraph 13 1, Code 2023, is amended to read as follows: 14 When a person designated by the voter retrieves a completed 15 absentee ballot from the voter, the designee shall , upon 16 request of the voter, fill out a receipt to be retained by 17 the voter. The state commissioner shall prescribe a form 18 for receipts required by this subsection . The receipt shall 19 include all of the following: 20 Sec. 16. Section 53.17, subsection 4, paragraph f, Code 21 2023, 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 on election day, whichever is earlier, or that the 26 completed absentee ballot will be mailed to the commissioner 27 within seventy-two hours of retrieving it from the voter or 28 within time to have the postal service barcode traced to a date 29 of entry into the federal mail system not later than the day 30 before the election, as provided in section 53.17A, whichever 31 is earlier . 32 Sec. 17. Section 53.33, subsection 1, paragraph a, Code 33 2023, is amended to read as follows: 34 a. “Delivery agent” means an individual registered to vote 35 -6- LSB 2070YH (8) 90 ss/ns 6/ 9
H.F. 523 in this state who has been designated to return a completed 1 absentee ballot to the commissioner by another a registered 2 voter who is unable to return the registered voter’s own 3 absentee ballot due to reason of blindness or other disability . 4 “Delivery agent” does not include the registered voter’s 5 employer, an agent of the registered voter’s employer, an 6 officer or agent of the registered voter’s union, or a person 7 acting as an actual or implied agent for a political party 8 as defined in section 43.2 , or a candidate or committee, as 9 defined in section 68A.102 . 10 Sec. 18. Section 53.33, subsections 2 and 3, Code 2023, are 11 amended to read as follows: 12 2. No person other than the registered voter, an individual 13 who lives in the same household as the registered voter, an 14 immediate family member of the registered voter, an individual 15 acting in accordance with section 53.22 , or a delivery agent 16 acting on behalf of a registered voter who is unable to return 17 the registered voter’s own ballot due to reason of blindness or 18 other disability, shall collect and return a completed absentee 19 ballot. 20 3. A registered voter who is unable to return the registered 21 voter’s own completed absentee ballot due to reason of 22 blindness or any physical disability other than intoxication 23 may designate a delivery agent to return the registered voter’s 24 completed absentee ballot. The registered voter shall complete 25 and sign a designation of delivery agent form prescribed by the 26 state commissioner prior to surrendering a ballot to a delivery 27 agent. 28 Sec. 19. Section 53.33, subsections 4, 6, and 7, Code 2023, 29 are amended by striking the subsections. 30 Sec. 20. NEW SECTION . 914.8 Restoration of rights to vote 31 and hold office. 32 1. The governor shall immediately restore the rights to 33 vote and hold office to a person who forfeited those rights 34 by conviction of an infamous crime, except for a violation of 35 -7- LSB 2070YH (8) 90 ss/ns 7/ 9
H.F. 523 chapter 707, and who has discharged the person’s sentence for 1 all infamous crimes of which the person was convicted. 2 2. For the purposes of this section, a person has 3 discharged the person’s sentence upon completion of any term 4 of confinement, parole, probation, or other supervised release 5 and the completion of any special sentence imposed pursuant to 6 chapter 903B. 7 3. This section does not prohibit a person from submitting 8 an application for the restoration of the rights of citizenship 9 pursuant to section 914.2. 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 conduct of elections. The bill 14 strikes a provision canceling a voter’s voter registration 15 if the voter has been marked inactive and not voted in two 16 consecutive general elections. The bill changes the closing 17 time of the polls for all elections from 8:00 p.m. to 9:00 p.m. 18 and adds documents to the list of documents that may be used 19 by a voter to establish the voter’s identity when casting a 20 ballot. 21 The bill changes the first day on which absentee ballots 22 may be cast from 20 days before an election to 40 days before 23 an election. The bill allows an absentee voter to designate 24 any person to return an absentee ballot on behalf of the voter 25 so long as the voter requires the person to leave a receipt 26 with the voter. The bill strikes various provisions relating 27 to a delivery agent for a voter’s absentee ballot, including 28 the limit on the number of ballots returned, the requirement 29 to deliver in person, and the requirement to sign a statement 30 under penalty of perjury. The bill does not strike the 31 prohibition on a candidate returning an absentee ballot on 32 behalf of a voter. 33 The bill allows a county commissioner of elections to 34 establish absentee voting stations without first receiving a 35 -8- LSB 2070YH (8) 90 ss/ns 8/ 9
H.F. 523 petition and requires a county commissioner of elections to 1 establish an absentee voting station on the Saturday before 2 an election at a public building where members of the public 3 commonly gather. The bill also allows a county commissioner 4 of elections to establish any number of absentee ballot drop 5 boxes, except that a county commissioner of elections in a 6 county with a population of at least 25,000 must establish at 7 least one absentee ballot drop box per 25,000 people. 8 The bill changes the deadline by which an absentee ballot 9 must be received in the office of the county commissioner of 10 elections from the time the polls close on election day to noon 11 on the Monday following the election, provided that an absentee 12 ballot received after the time the polls close bears a postal 13 service barcode traced to a date of entry into the federal mail 14 system not later than the day before the election. 15 The bill requires the governor to immediately restore the 16 rights to vote and hold office to a person who forfeited 17 those rights by conviction of an infamous crime, except for a 18 violation of Code chapter 707 (homicide and related crimes), 19 and who has discharged the person’s sentence for all infamous 20 crimes of which the person was convicted. A person has 21 discharged a person’s sentence upon completion of any term of 22 confinement, parole, probation, or other supervised release 23 and the completion of any special sentence imposed pursuant 24 to Code chapter 903B (sex offender special sentencing and 25 hormone treatment). The bill does not prohibit a person from 26 submitting an application for the restoration of citizenship 27 rights. 28 -9- LSB 2070YH (8) 90 ss/ns 9/ 9
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