Bill Text: IA SF90 | 2019-2020 | 88th 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 1-0)

Status: (Introduced - Dead) 2019-01-29 - Subcommittee: R. Smith, Chapman, and Jochum. S.J. 187. [SF90 Detail]

Download: Iowa-2019-SF90-Introduced.html
Senate File 90 - Introduced SENATE FILE 90 BY JOCHUM 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 TLSB 1587XS (3) 88 ss/jh
S.F. 90 Section 1. Section 22.7, subsection 72, Code 2019, is 1 amended by striking the subsection. 2 Sec. 2. Section 39A.4, subsection 1, paragraph c, 3 subparagraphs (11) and (12), Code 2019, are amended to read as 4 follows: 5 (11) Returning a voted absentee ballot , by mail , to a ballot 6 drop box, or in person, to the commissioner’s office and the 7 person returning the ballot is not the voter, the voter’s 8 designee, or a special precinct election official designated 9 pursuant to section 53.22, subsection 2 . 10 (12) Making a false or untrue statement reporting that 11 a voted absentee ballot was returned to the commissioner’s 12 office, by mail or in person, or to a ballot drop box, by a 13 person other than the voter, the voter’s designee, or a special 14 precinct election official designated pursuant to section 15 53.22, subsection 2 . 16 Sec. 3. Section 53.1, Code 2019, is amended to read as 17 follows: 18 53.1 Right to vote —— conditions power of attorney . 19 1. Any registered voter may, subject to the provisions of 20 this chapter , vote at any election: 21 a. When the voter expects to be absent on election day 22 during the time the polls are open from the precinct in which 23 the voter is a registered voter. 24 b. When, through illness or physical disability, the voter 25 expects to be prevented from going to the polls and voting on 26 election day. 27 c. When the voter expects to be unable to go to the polls 28 and vote on election day. 29 2. A person who has been designated to have power of 30 attorney by a registered voter does not have authority 31 to request or to cast an absentee ballot on behalf of the 32 registered voter. 33 Sec. 4. Section 53.7, Code 2019, is amended to read as 34 follows: 35 -1- LSB 1587XS (3) 88 ss/jh 1/ 13
S.F. 90 53.7 Solicitation by public employees. 1 1. It shall be unlawful for any employee of the state or any 2 employee of a political subdivision to solicit any application 3 or request for application for an absentee ballot, or to take 4 an affidavit in connection with any absentee ballot while the 5 employee is on the employer’s premises or otherwise in the 6 course of employment. However, any such employee may take such 7 affidavit in connection with an absentee ballot which is cast 8 by the registered voter in person in the office where such 9 employee is employed in accordance with section 53.10 or 53.11 . 10 This subsection shall not apply to any elected official. 11 2. It is unlawful for any public officer or employee, 12 or any person acting under color of a public officer or 13 employee, to knowingly require a public employee to solicit an 14 application or request an application for an absentee ballot, 15 or to knowingly require an employee to take an affidavit or 16 request for an affidavit in connection with an absentee ballot 17 application . 18 Sec. 5. Section 53.8, Code 2019, is amended to read as 19 follows: 20 53.8 Ballot mailed. 21 1. a. Upon receipt of an application for an absentee ballot 22 and immediately after the absentee ballots are printed, but 23 not Not more than twenty-nine days before the election, the 24 commissioner shall mail an absentee ballot to the applicant 25 within twenty-four hours each registered voter , except as 26 otherwise provided in subsection 3 . The absentee ballot 27 shall be sent to the registered voter by one of the following 28 methods: 29 (1) The absentee ballot shall be enclosed in an unsealed 30 envelope marked with a serial number and affidavit. The 31 absentee ballot and affidavit envelope shall be enclosed in 32 or with an unsealed return envelope marked postage paid which 33 bears the same serial number as the affidavit envelope. The 34 absentee ballot, affidavit envelope, and return envelope shall 35 -2- LSB 1587XS (3) 88 ss/jh 2/ 13
S.F. 90 be enclosed in a third envelope to be sent to the registered 1 voter. If the ballot cannot be folded so that all of the votes 2 cast on the ballot will be hidden, the commissioner shall also 3 enclose a secrecy envelope with the absentee ballot. 4 (2) The absentee ballot shall be enclosed in an unsealed 5 return envelope marked with a serial number and affidavit 6 and marked postage paid. The absentee ballot and return 7 envelope shall be enclosed in a second envelope to be sent 8 to the registered voter. If the ballot cannot be folded so 9 that all of the votes cast on the ballot will be hidden, the 10 commissioner shall also enclose a secrecy envelope with the 11 absentee ballot. 12 b. The affidavit shall be marked on the appropriate envelope 13 in a form prescribed by the state commissioner of elections. 14 c. For envelopes mailed at any election other than the 15 primary election, the commissioner shall not mark any envelope 16 with any information related to the party affiliation of the 17 applicant registered voter . 18 2. a. The commissioner shall enclose with the absentee 19 ballot a statement informing the applicant registered 20 voter that the sealed return envelope may be mailed to the 21 commissioner by the registered voter or the voter’s designee , 22 may be returned to a drop box established by the commissioner 23 pursuant to section 53.17, subsection 1, by the registered 24 voter or the voter’s designee, or may be personally delivered 25 to the commissioner’s office by the registered voter or the 26 voter’s designee. The statement shall also inform the voter 27 that the voter may request that the voter’s designee complete 28 a receipt when retrieving the ballot from the voter. A blank 29 receipt shall be enclosed with the absentee ballot. 30 b. If an application is received so late that it is unlikely 31 that the absentee ballot can be returned in time to be counted 32 on election day, the commissioner shall enclose with the 33 absentee ballot a statement to that effect. 34 3. a. When an application for an absentee ballot is 35 -3- LSB 1587XS (3) 88 ss/jh 3/ 13
S.F. 90 received mailed by the commissioner of any county from to a 1 registered voter who is a patient in a hospital in that county, 2 a tenant of an assisted living program in that county as shown 3 by the list of certifications provided the commissioner under 4 section 231C.21 , or a resident of any facility in that county 5 shown to be a health care facility by the list of licenses 6 provided the commissioner under section 135C.29 , the absentee 7 ballot shall be delivered to the voter and returned to the 8 commissioner in the manner prescribed by section 53.22 . For 9 purposes of this paragraph, “assisted living program” means a 10 program certified pursuant to section 231C.3 that meets the 11 standards for a dementia-specific assisted living program, 12 as established by rule by the department of inspections and 13 appeals. 14 b. (1) If the application is received more than five 15 days before the ballots are printed and the commissioner has 16 elected to have the ballots personally delivered during the 17 ten-day period after the ballots are printed, the commissioner 18 shall mail to the applicant within twenty-four hours a letter 19 in substantially the following form: The state commissioner 20 shall adopt rules regarding the delivery and return of absentee 21 ballots pursuant to this subsection. 22 Your application for an absentee ballot for the election 23 to be held on ...... has been received. This ballot will 24 be personally delivered to you by a bipartisan team sometime 25 during the ten days after the ballots are printed. If you will 26 not be at the address from which your application was sent 27 during any or all of the ten-day period immediately following 28 the printing of the ballots, the ballot will be personally 29 delivered to you sometime during the fourteen days preceding 30 the election. If you will not be at the address from which 31 your application was sent during either of these time periods, 32 contact this office and arrangements will be made to have your 33 absentee ballot delivered at a time when you will be present at 34 that address. 35 -4- LSB 1587XS (3) 88 ss/jh 4/ 13
S.F. 90 (2) If the application is received more than fourteen 1 calendar days before the election and the commissioner has not 2 elected to mail absentee ballots to applicants as provided 3 under section 53.22, subsection 4 , and has not elected to have 4 the absentee ballots personally delivered during the ten-day 5 period after the ballots are printed, the commissioner shall 6 mail to the applicant within twenty-four hours a letter in 7 substantially the following form: 8 Your application for an absentee ballot for the election 9 to be held on ...... has been received. This ballot will 10 be personally delivered to you by a bipartisan team sometime 11 during the fourteen days preceding the election. If you will 12 not be at the address from which your application was sent 13 during any or all of the fourteen-day period immediately 14 preceding the election, contact this office and arrangements 15 will be made to have your absentee ballot delivered at a time 16 when you will be present at that address. 17 c. Nothing in this subsection nor in section 53.22 18 shall be construed to prohibit a registered voter who is a 19 hospital patient or resident of a health care facility, or who 20 anticipates entering a hospital or health care facility before 21 the date of a forthcoming election, from casting an absentee 22 ballot in the manner prescribed by section 53.10 or 53.11 . 23 Sec. 6. Section 53.10, subsection 2, Code 2019, is amended 24 to read as follows: 25 2. a. Each person who wishes to vote by absentee ballot 26 at the commissioner’s office shall first sign an application 27 for a ballot including the following information: name, 28 current address, voter verification number, and the election 29 for which the ballot is requested. The person may report a 30 change of address or other information on the person’s voter 31 registration record at that time. The registered voter shall 32 immediately mark the ballot; enclose the ballot in a secrecy 33 envelope, if necessary, and seal it in the envelope marked 34 with the affidavit; subscribe to the affidavit on the reverse 35 -5- LSB 1587XS (3) 88 ss/jh 5/ 13
S.F. 90 side of the envelope; and return the absentee ballot to the 1 commissioner. The commissioner shall record the numbers 2 appearing on the application and affidavit envelope along with 3 the name of the registered voter. 4 b. For purposes of this subsection , “voter verification 5 number” means the registered voter’s driver’s license number 6 or nonoperator’s identification card number assigned to the 7 voter by the department of transportation or the registered 8 voter’s identification number assigned to the voter by the 9 state commissioner pursuant to section 47.7, subsection 2 . 10 Sec. 7. Section 53.12, Code 2019, is amended to read as 11 follows: 12 53.12 Duty of commissioner. 13 The commissioner shall enclose the absentee ballot in 14 an unsealed envelope, to be furnished by the commissioner, 15 which envelope shall bear upon its face the words “county 16 commissioner of elections”, the address of the commissioner’s 17 office, and the same a serial number appearing on the unsealed 18 envelope shall be affixed to the application . 19 Sec. 8. Section 53.17, subsection 1, Code 2019, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. The sealed return envelope may be 22 delivered by the registered voter, by the voter’s designee, or 23 by the special precinct election officials designated pursuant 24 to section 53.22, subsection 2, to a drop box established by 25 the commissioner no later than the time the polls are closed on 26 election day. However, if delivered by the voter’s designee, 27 the envelope shall be delivered within seventy-two hours of 28 retrieving it from the voter or before the closing of the polls 29 on election day, whichever is earlier. The state commissioner 30 shall adopt rules regarding the security of drop boxes. This 31 paragraph does not require a commissioner to establish a drop 32 box. 33 Sec. 9. Section 53.17, subsection 4, paragraph f, Code 2019, 34 is amended to read as follows: 35 -6- LSB 1587XS (3) 88 ss/jh 6/ 13
S.F. 90 f. A statement that the completed absentee ballot will be 1 delivered to the commissioner’s office or a drop box within 2 seventy-two hours of retrieving it from the voter or before the 3 closing of the polls on election day, whichever is earlier, 4 or that the completed absentee ballot will be mailed to the 5 commissioner within seventy-two hours of retrieving it from 6 the voter or within time to be postmarked or, if applicable, 7 to have the intelligent mail barcode traced to a date of entry 8 into the federal mail system not later than the day before the 9 election, whichever is earlier. 10 Sec. 10. Section 53.18, subsection 3, Code 2019, is amended 11 to read as follows: 12 3. If the affidavit envelope or the return envelope marked 13 with the affidavit contains a defect that would cause the 14 absentee ballot to be rejected by the absentee and special 15 voters precinct board, the commissioner shall immediately 16 notify the voter of that fact and that the voter’s absentee 17 ballot shall not be counted unless the voter requests and 18 returns a replacement ballot in the time permitted under 19 section 53.17, subsection 2 . For the purposes of this section , 20 a return envelope marked with the affidavit shall be considered 21 to contain a defect if it appears to the commissioner that 22 the signature on the envelope has been signed by someone 23 other than the registered voter, in comparing the signature 24 on the envelope to the signature on record of the registered 25 voter named on the envelope. A signature or marking made 26 in accordance with section 39.3, subsection 17 , shall not 27 be considered a defect for purposes of this section . The 28 voter may request a replacement ballot in person, in writing, 29 or over the telephone. The same serial number that was 30 assigned to the records of the original absentee ballot 31 application shall be used on the envelope and records of the 32 replacement ballot. The envelope marked with the affidavit and 33 containing the completed replacement ballot shall be marked 34 “Replacement ballot”. The envelope marked with the affidavit 35 -7- LSB 1587XS (3) 88 ss/jh 7/ 13
S.F. 90 and containing the original ballot shall be marked “Defective” 1 and the replacement ballot shall be attached to such envelope 2 containing the original ballot and shall be stored in a secure 3 place until they are delivered to the absentee and special 4 voters precinct board, notwithstanding sections 53.26 and 5 53.27 . 6 Sec. 11. Section 53.19, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. The commissioner shall maintain a list of the absentee 9 ballots provided to registered voters, the serial number 10 appearing on the unsealed envelope, the date the application 11 for the absentee ballot was received, and the date the absentee 12 ballot was sent to the registered voter requesting the absentee 13 ballot . 14 Sec. 12. Section 53.19, subsection 3, paragraph b, Code 15 2019, is amended to read as follows: 16 b. A registered voter who has requested an absentee ballot 17 by mail but for any reason has not received it an absentee 18 ballot by mail or who has not brought the ballot to the polls 19 may appear at the voter’s precinct polling place on election 20 day and, after the precinct election officials confirm the 21 commissioner has not received the voter’s absentee ballot, the 22 voter shall be permitted to vote in person at the polls. If 23 the precinct election officials are unable to confirm whether 24 the commissioner has received the voter’s absentee ballot, the 25 voter shall cast a ballot in accordance with section 49.81 . 26 Sec. 13. Section 53.21, subsection 1, Code 2019, is amended 27 to read as follows: 28 1. A voter who has requested an absentee ballot may obtain 29 a replacement absentee ballot if the voter declares that the 30 original ballot was lost or did not arrive. The commissioner 31 upon receipt of a written or oral request for a replacement 32 ballot shall provide a duplicate ballot. The same serial 33 number that was assigned to the records of the original 34 absentee ballot request shall be used on the envelopes and 35 -8- LSB 1587XS (3) 88 ss/jh 8/ 13
S.F. 90 records of the replacement ballot. 1 Sec. 14. Section 53.21, subsection 2, paragraph a, Code 2 2019, is amended to read as follows: 3 a. The commissioner shall include with the replacement 4 ballot two copies of a statement in substantially the following 5 form: 6 The My absentee ballot which I requested on ........ (date) 7 has been lost or was never received. If I find this absentee 8 ballot I will return it, unvoted, to the commissioner. 9 ......... 10 (Signature of voter) 11 ......... 12 (Date) 13 Sec. 15. Section 53.22, subsection 2, paragraph a, 14 subparagraph (1), Code 2019, is amended to read as follows: 15 (1) A registered voter who has applied for an absentee 16 ballot, in a manner other than that prescribed by section 53.10 17 or 53.11 , and who is a resident, tenant, or patient in a health 18 care facility, assisted living program, or hospital located in 19 the county to which the application has been submitted shall 20 be delivered the appropriate absentee ballot by two special 21 precinct election officers, one of whom shall be a member of 22 each of the political parties referred to in section 49.13 , who 23 shall be appointed by the commissioner from the election board 24 panel for the special precinct established by section 53.20 . 25 The special precinct election officers shall be sworn in the 26 manner provided by section 49.75 for election board members, 27 shall receive compensation as provided in section 49.20 , 28 and shall perform their duties during the ten calendar days 29 after the ballots are printed if the commissioner so elects, 30 during the fourteen calendar days preceding the election, and 31 on election day if all ballots requested under section 53.8, 32 subsection 3 , have not previously been delivered and returned. 33 Sec. 16. Section 53.22, subsection 2, paragraphs b and c, 34 Code 2019, are amended to read as follows: 35 -9- LSB 1587XS (3) 88 ss/jh 9/ 13
S.F. 90 b. If an applicant under a registered voter subject to this 1 subsection notifies the commissioner that the applicant voter 2 will not be available at the health care facility, assisted 3 living program, or hospital address at any time during the 4 ten-day period after the ballots are printed, if applicable, 5 or during the fourteen-day period immediately prior to the 6 election, but will be available there at some other time prior 7 to the election or on election day, the commissioner shall 8 direct the two special precinct election officers to deliver 9 the applicant’s ballot at an appropriate time preceding the 10 election or on election day. If a person who so requested an 11 absentee ballot voter has been dismissed from the health care 12 facility or hospital, or is no longer a tenant of the assisted 13 living program, the special precinct election officers may take 14 the ballot to the voter if the voter is currently residing in 15 the county. 16 c. The special precinct election officers shall travel 17 together in the same vehicle and both shall be present when 18 an applicant a voter casts an absentee ballot. If either 19 or both of the special precinct election officers fail to 20 appear at the time the duties set forth in this section are 21 to be performed, the commissioner shall at once appoint some 22 other person, giving preference to persons designated by 23 the respective county chairpersons of the political parties 24 described in section 49.13 , to carry out the requirements of 25 this section . The persons authorized by this subsection to 26 deliver an absentee ballot to an applicant a voter , and if 27 requested, may assist the applicant voter in filling out the 28 ballot as permitted by section 49.90 . After the voter has 29 securely sealed the marked ballot in the envelope provided and 30 has subscribed to the oath, the voted absentee ballots shall 31 be deposited in a sealed container which shall be returned to 32 the commissioner on the same day the ballots are voted. On 33 election day the officers shall return the sealed container by 34 the time the polls are closed. 35 -10- LSB 1587XS (3) 88 ss/jh 10/ 13
S.F. 90 Sec. 17. Section 53.22, subsections 3, 4, and 5, Code 2019, 1 are amended to read as follows: 2 3. Any registered voter who becomes a patient, tenant, or 3 resident of a hospital, assisted living program, or health 4 care facility in the county where the voter is registered to 5 vote within three days prior to the date of any election or on 6 election day may request an absentee ballot during that period 7 or on election day. As an alternative to the application 8 procedure prescribed by section 53.2 , the The registered 9 voter may make the request directly to the officers who are 10 delivering and returning absentee ballots under this section . 11 Alternatively, the request may be made by telephone to the 12 office of the commissioner not later than four hours before 13 the close of the polls. If the requester is found to be a 14 registered voter of that county, these officers shall deliver 15 the appropriate absentee ballot to the registered voter in the 16 manner prescribed by this section . 17 4. For any election except a primary or general election 18 or a special election to fill a vacancy under section 69.14 , 19 the commissioner may, as an alternative to subsection 2 , mail 20 an absentee ballot to an applicant a registered voter under 21 this section to be voted and returned to the commissioner in 22 accordance with this chapter . This subsection only applies 23 to applications for absentee ballots from for a single health 24 care facility, assisted living program, or hospital if there 25 are no more than two applications from that facility, program, 26 or hospital. 27 5. The commissioner shall mail an absentee ballot to a 28 registered voter who has applied for an absentee ballot and 29 who is a patient, tenant, or resident of a hospital, assisted 30 living program, or health care facility outside the county in 31 which the voter is registered to vote. 32 Sec. 18. Section 53.39, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. Section 53.2 does not apply in the case of a qualified 35 -11- LSB 1587XS (3) 88 ss/jh 11/ 13
S.F. 90 voter of the state of Iowa serving in the armed forces of the 1 United States. In any such case an application for ballot as 2 provided for in that section is not required and an An absent 3 voter’s ballot shall be sent or made available to any such 4 a qualified voter of the state of Iowa serving in the armed 5 forces of the United States upon a request as provided in this 6 subchapter . 7 Sec. 19. Section 53.45, subsection 4, Code 2019, is amended 8 to read as follows: 9 4. Notwithstanding the provisions of section 53.49 , 10 an eligible elector who requests a special absentee ballot 11 under this section may also make application for an absentee 12 ballot under section 53.2 or an armed forces absentee ballot 13 under section 53.40 . If the regular absentee or armed forces 14 absentee ballot is properly voted and returned, the special 15 absentee ballot is void and the commissioner shall reject it in 16 whole when special absentee ballots are canvassed. 17 Sec. 20. Section 53.49, Code 2019, is amended to read as 18 follows: 19 53.49 Applicable to armed forces and other citizens. 20 The provisions of this subchapter as to absent voting shall 21 apply only to absent voters in the armed forces of the United 22 States as defined for the purpose of absentee voting in section 23 53.37 . The provisions of section 53.1 and sections 53.1 53.4 24 through 53.34 shall apply to all other voters not members of 25 the armed forces of the United States. 26 Sec. 21. REPEAL. Sections 53.2 and 53.3, Code 2019, are 27 repealed. 28 Sec. 22. IMPLEMENTATION OF ACT. Section 25B.2, subsection 29 3, shall not apply to this Act. 30 Sec. 23. APPLICABILITY. This Act applies to all elections 31 taking place on or after July 1, 2020. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -12- LSB 1587XS (3) 88 ss/jh 12/ 13
S.F. 90 This bill relates to the mailing of absentee ballots. 1 The bill requires county commissioners of elections to 2 automatically mail absentee ballots to all registered voters. 3 Current law requires registered voters to submit an application 4 prior to receiving an absentee ballot. The bill also allows 5 county commissioners to establish drop boxes at which voters 6 or voters’ designees may deposit absentee ballots. The bill 7 requires the state commissioner of elections to adopt rules 8 regarding security measures for absentee ballot drop boxes. 9 The bill may include a state mandate as defined in Code 10 section 25B.3. The bill makes inapplicable Code section 25B.2, 11 subsection 3, which would relieve a political subdivision from 12 complying with a state mandate if funding for the cost of 13 the state mandate is not provided or specified. Therefore, 14 political subdivisions are required to comply with any state 15 mandate included in the bill. 16 -13- LSB 1587XS (3) 88 ss/jh 13/ 13
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