Senate File 35 - Introduced SENATE FILE 35 BY DANIELSON A BILL FOR An Act relating to the counting of absentee ballots and 1 including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1735XS (1) 88 ss/jh

S.F. 35 Section 1. Section 53.17, subsection 1, paragraph b, Code 1 2019, is amended to read as follows: 2 b. The sealed return envelope may be mailed to the 3 commissioner by the registered voter or by the voter’s 4 designee. If mailed by the voter’s designee, the envelope must 5 be mailed within seventy-two hours of retrieving it from the 6 voter or within time to be postmarked or, if applicable, to 7 have the intelligent mail barcode or other means of tracking 8 traced to a date of entry into the federal mail system not 9 later than the day before the election, whichever is earlier. 10 Sec. 2. Section 53.17, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. In order for the ballot to be counted, the return 13 envelope must be received in the commissioner’s office before 14 the polls close on election day or be clearly postmarked by an 15 officially authorized postal service or bear an intelligent 16 mail a barcode or other means of tracking traceable to a date 17 of entry into the federal mail system not later than the day 18 before the election and received by the commissioner not later 19 than noon on the Monday following the election. 20 Sec. 3. Section 53.17, subsection 4, paragraph f, Code 2019, 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 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 be postmarked or, if applicable, to have the 29 intelligent mail barcode or other means of tracking traced to a 30 date of entry into the federal mail system not later than the 31 day before the election, whichever is earlier. 32 Sec. 4. Section 53.22, subsection 6, paragraph b, Code 2019, 33 is amended to read as follows: 34 b. Absentee ballots voted under this subsection shall be 35 -1- LSB 1735XS (1) 88 ss/jh 1/ 2

S.F. 35 delivered to the commissioner no later than the time the polls 1 are closed on election day. If the ballot is returned by mail 2 the return envelope must be received by the time the polls 3 close, or be clearly postmarked by an officially authorized 4 postal service or bear an intelligent mail a barcode or other 5 means of tracking traceable to a date of entry into the federal 6 mail system not later than the day before the election and 7 received by the commissioner no later than the time established 8 for the canvass by the board of supervisors for that election. 9 Sec. 5. APPLICABILITY. This Act applies to all elections 10 taking place on or after July 1, 2019. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the counting of absentee ballots. 15 The bill requires county commissioners of elections to count 16 all mailed absentee ballots received by noon on the Monday 17 following election day that include a barcode or other means of 18 tracking that confirms that the ballot was mailed by the day 19 before election day. The bill applies to all elections taking 20 place on or after July 1, 2019. 21 -2- LSB 1735XS (1) 88 ss/jh 2/ 2