Bill Text: IA HF2366 | 2013-2014 | 85th General Assembly | Enrolled

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Bill Title: A bill for an act related to the policy administration of elections and voter registration and including effective date provisions. Effective 7-1-14, with exception of Division II, effective 4-25-14.

Spectrum: Committee Bill

Status: (Passed) 2014-04-25 - Signed by Governor. H.J. 818. [HF2366 Detail]

Download: Iowa-2013-HF2366-Enrolled.html

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House File 2366
AN ACT
RELATED TO THE POLICY ADMINISTRATION OF ELECTIONS AND VOTER
REGISTRATION AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ELECTIONS AND VOTER REGISTRATION
Section 1. Section 44.4, subsection 1, Code 2014, is amended
to read as follows:
1. Nominations made pursuant to this chapter and chapter
45 which are required to be filed in the office of the state
commissioner shall be filed in that office not more than
ninety-nine days nor later than 5:00 p.m. on the eighty-first
day before the date of the general election to be held in
November. Nominations made for a special election called
pursuant to section 69.14 shall be filed by 5:00 p.m. not less
than twenty-five days before the date of an election called
upon at least forty days’ notice and not less than fourteen
days before the date of an election called upon at least
eighteen days’ notice. Nominations made for a special election
called pursuant to section 69.14A shall be filed by 5:00 p.m.
not less than twenty-five days before the date of the election.
Nominations made pursuant to this chapter and chapter 45 which
are required to be filed in the office of the commissioner
shall be filed in that office not more than ninety-two days
nor later than 5:00 p.m. on the sixty-ninth day before the
date of the general election. Nominations made pursuant to
this chapter or chapter 45 for city office shall be filed not
more than seventy-two days nor later than 5:00 p.m. on the
forty-seventh day before the city election with the city clerk
county commissioner of elections responsible under section 47.2

House File 2366, p. 2
for conducting elections held for the city , who shall process
them as provided by law.
Sec. 2. Section 44.4, subsection 2, paragraph a,
subparagraphs (2) and (3), Code 2014, are amended to read as
follows:
(2) Those filed with the commissioner, not less than
sixty-four days before the date of the election , except as
provided in subparagraph (3) .
(3) Those filed with the city clerk commissioner for an
elective city office , at least forty-two days before the
regularly scheduled or special city election. However, for
those cities that may be required to hold a primary election,
at least sixty-three days before the regularly scheduled or
special city election.
Sec. 3. Section 44.7, Code 2014, is amended to read as
follows:
44.7 Hearing before commissioner.
Objections Except as otherwise provided in section 44.8,
objections filed with the commissioner shall be considered by
the county auditor, county treasurer, and county attorney,
and a majority decision shall be final ; but . However, if the
objection is to the certificate of nomination of one or more
of the above named county officers, the officer or officers
objected to shall not pass upon the objection, but their places
shall be filled, respectively, by the chairperson of the board
of supervisors, the sheriff, and the county recorder.
Sec. 4. Section 44.8, Code 2014, is amended to read as
follows:
44.8 Hearing before mayor.
1. Objections filed with the city clerk pursuant to
section 362.4 or with the commissioner for an elective city
office shall be considered by the mayor and clerk and one
member of the council chosen by the council by ballot, and
a majority decision shall be final ; but . However, if the
objection is to the certificate of nomination of either of
those city officials, that official shall not pass upon said
the objection, but the official’s place shall be filled by a
member of the council against whom no such objection exists,
chosen as above provided.
2. The hearing shall be held within twenty-four hours of the
receipt of the objection if a primary election must be held for
the office sought by the candidate against whom the objection
has been filed.

House File 2366, p. 3
Sec. 5. Section 44.9, subsections 2 and 6, Code 2014, are
amended to read as follows:
2. In the office of the proper commissioner, at least
sixty-four days before the date of the election , except as
otherwise provided in subsection 6 .
6. In the office of the proper city clerk commissioner , at
least forty-two days before the regularly scheduled or special
city election. However, for those cities that may be required
to hold a primary election, at least sixty-three days before a
regularly scheduled or special city election.
Sec. 6. Section 44.11, Code 2014, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws before the
deadline established in section 44.9 , declines a nomination,
or dies before election day, or if a certificate of nomination
is held insufficient or inoperative by the officer with whom
it is required to be filed, or in case any objection made
to a certificate of nomination, or to the eligibility of any
candidate named in the certificate, is sustained by the board
appointed to determine such questions, the vacancy or vacancies
may be filled by the convention, or caucus, or in such manner
as such convention or caucus has previously provided. The
vacancy or vacancies shall be filled not less than seventy-four
days before the election in the case of nominations required to
be filed with the state commissioner, not less than sixty-four
days before the election in the case of nominations required
to be filed with the commissioner, not less than thirty-five
days before the election in the case of nominations required
to be filed in the office of the school board secretary,
and not less than forty-two days before the election in the
case of nominations required to be filed with the city clerk
commissioner for city elections .
Sec. 7. Section 48A.35, Code 2014, is amended to read as
follows:
48A.35 Voter registration records under control of the
commissioner.
1. The county commissioner of elections shall be
responsible for the maintenance and storage of all paper and
electronic voter registration records in the commissioner’s
custody. Original registration records shall not be removed
from the commissioner’s office or from any other designated
permanent storage location except upon request of a county

House File 2366, p. 4
commissioner or a court order, as provided in subsection 2,
or as provided by section 48A.32 . The state registrar of
voters and the state voter registration commission shall adopt
administrative rules to implement this section .
2. The county commissioner of elections may store an
unaltered version of completed voter registration applications,
including the applicant’s signature, as an electronic document,
or in another format suitable for preserving information in
the registration record, regardless of the format in which the
application is submitted.
Sec. 8. Section 372.13, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. (1) By appointment by the remaining members of the
council, except that if the remaining members do not constitute
a quorum of the full membership, paragraph “b” shall be
followed. The appointment shall be made within sixty days
after the vacancy occurs and shall be for the period until the
next pending election as defined in section 69.12 , and shall
be made within forty days after the vacancy occurs regular
city election described in section 376.1, unless there is an
intervening special election for that city, in which event
the election for the office shall be placed on the ballot
at such special election . If the council fails to make an
appointment within sixty days as required by this subsection,
the city clerk shall give notice of the vacancy to the county
commissioner and the county commissioner shall call a special
election to fill the vacancy at the earliest practicable date
but no fewer than thirty-two days after the notice is received
by the county commissioner.
(2) If the council chooses to proceed under this paragraph,
it shall publish notice in the manner prescribed by section
362.3 , stating that the council intends to fill the vacancy
by appointment but that the electors of the city or ward, as
the case may be, have the right to file a petition requiring
that the vacancy be filled by a special election. The council
may publish notice in advance if an elected official submits
a resignation to take effect at a future date. The council
may make an appointment to fill the vacancy after the notice
is published or after the vacancy occurs, whichever is later.
However, if within fourteen days after publication of the
notice or within fourteen days after the appointment is made,
there is filed with the city clerk a petition which requests a
special election to fill the vacancy, an appointment to fill

House File 2366, p. 5
the vacancy is temporary and the council shall call a special
election to fill the vacancy permanently, under paragraph “b” .
The number of signatures of eligible electors of a city for a
valid petition shall be determined as follows:
(1) (a) For a city with a population of ten thousand or
less, at least two hundred signatures or at least the number of
signatures equal to fifteen percent of the voters who voted for
candidates for the office at the preceding regular election at
which the office was on the ballot, whichever number is fewer.
(2) (b) For a city with a population of more than ten
thousand but not more than fifty thousand, at least one
thousand signatures or at least the number of signatures equal
to fifteen percent of the voters who voted for candidates for
the office at the preceding regular election at which the
office was on the ballot, whichever number is fewer.
(3) (c) For a city with a population of more than fifty
thousand, at least two thousand signatures or at least the
number of signatures equal to ten percent of the voters who
voted for candidates for the office at the preceding regular
election at which the office was on the ballot, whichever
number is fewer.
(4) (d) The minimum number of signatures for a valid
petition pursuant to subparagraphs (1) subparagraph divisions
(a) through (3) (c) shall not be fewer than ten. In
determining the minimum number of signatures required, if at
the last preceding election more than one position was to be
filled for the office in which the vacancy exists, the number
of voters who voted for candidates for the office shall be
determined by dividing the total number of votes cast for the
office by the number of seats to be filled.
Sec. 9. Section 376.4, subsection 1, paragraph a, Code 2014,
is amended to read as follows:
a. An eligible elector of a city may become a candidate
for an elective city office by filing with the city clerk
county commissioner of elections responsible under section 47.2
for conducting elections held for the city a valid petition
requesting that the elector’s name be placed on the ballot
for that office. The petition must be filed not more than
seventy-one days and not less than forty-seven days before the
date of the election, and must be signed by eligible electors
equal in number to at least two percent of those who voted to
fill the same office at the last regular city election, but not
less than ten persons. However, for those cities which may be

House File 2366, p. 6
required to hold a primary election, the petition must be filed
not more than eighty-five days and not less than sixty-eight
days before the date of the regular city election. Nomination
petitions shall be filed not later than 5:00 p.m. on the last
day for filing.
Sec. 10. Section 376.4, subsections 3, 4, and 5, Code 2014,
are amended to read as follows:
3. If the city clerk is not readily available during normal
office hours, the city clerk shall designate other employees or
officials of the city who are ordinarily available to accept
nomination papers under this section . On the final date for
filing nomination papers the office of the city clerk county
commissioner shall remain open until 5:00 p.m.
4. The city clerk county commissioner shall review each
petition and affidavit of candidacy for completeness following
the standards in section 45.5 and shall accept the petition
for filing if on its face it appears to have the requisite
number of signatures and if it is timely filed. The city
clerk county commissioner shall note upon each petition and
affidavit accepted for filing the date and time that they were
filed. The clerk county commissioner shall return any rejected
nomination papers to the person on whose behalf the nomination
papers were filed.
5. Nomination papers filed with the city clerk county
commissioner shall be available for public inspection.
5A. The city clerk shall deliver all nomination papers
together with the text of any public measure being submitted by
the city council to the electorate to the county commissioner
of elections on the day following no later than the last day
on which nomination petitions can be filed, and not later than
5:00 p.m. on that day.
Sec. 11. Section 376.11, subsections 3, 4, and 5, Code 2014,
are amended to read as follows:
3. In city primary elections any person who receives
write-in votes shall execute an affidavit in substantially the
form required by section 45.3 , and file it with the county
commissioner of elections or the city clerk not later than 5:00
p.m. on the day after the canvass of the primary election.
If any person who received write-in votes fails to file the
affidavit at the time required, the county commissioner shall
disregard the write-in votes cast for that person. A notation
shall be made on the abstract of votes showing which persons
who received write-in votes filed affidavits. The total number

House File 2366, p. 7
of votes cast for each office on the ballot shall be amended by
subtracting the write-in votes of those candidates who failed
to file the affidavit. It is not necessary for a candidate
whose name was printed upon the ballot to file an affidavit.
Of the remaining candidates, those who receive the highest
number of votes to the extent of twice the number of unfilled
positions shall be placed on the ballot for the regular city
election as candidates for that office.
4. In cities in which the city council has chosen a runoff
election in lieu of a primary, if a person who was elected
by write-in votes chooses not to accept the office by filing
a resignation notice with the city clerk or commissioner of
elections not later than 5:00 p.m. on the day following the
canvass, all remaining persons who received write-in votes and
who wish to be considered candidates for the runoff election
shall execute an affidavit in substantially the form required
by section 45.3 and file it with the county commissioner or
the city clerk not later than 5:00 p.m. of the fourth day
following the canvass. If a person receiving write-in votes
fails to file the affidavit at the time required, the county
commissioner of elections shall disregard the write-in votes
cast for that person. The abstract of votes shall be amended
to show that the person who was declared elected declined the
office and a notation shall be made next to the names of those
persons who did not file the affidavit. A runoff election
shall be held with the remaining candidates who have the
highest number of votes to the extent of twice the number of
unfilled positions.
5. In a city in which the council has chosen a runoff
election, if no person was declared elected for an office, all
persons who received write-in votes shall execute an affidavit
in substantially the form required by section 45.3 and file it
with the county commissioner of elections or the city clerk not
later than 5:00 p.m. on the day following the canvass of votes.
If any person who received write-in votes fails to file the
affidavit, the county commissioner of elections shall disregard
the write-in votes cast for that person. The abstract of votes
shall be amended to note which of the write-in candidates
failed to file the affidavit. A runoff election shall be held
with the remaining candidates who have the highest number of
votes to the extent of twice the number of unfilled positions.
DIVISION II
MISCELLANEOUS PROVISIONS

House File 2366, p. 8
Sec. 12. Section 48A.9, subsection 1, Code 2014, is amended
to read as follows:
1. Registration closes at 5:00 p.m. eleven days before each
election except primary and general elections. For primary and
general elections, registration closes at 5:00 p.m. ten days
before the election. An eligible elector may register during
the time registration is closed in the elector’s precinct but
the registration shall not become effective until registration
opens again in the elector’s precinct, except as otherwise
provided in section 48A.7A .
Sec. 13. Section 48A.26, subsection 3, Code 2014, is amended
to read as follows:
3. If the registration form is missing required information
pursuant to section 48A.11, subsection 8 , the acknowledgment
shall advise the applicant what additional information is
required. The commissioner shall enclose a new registration
form for the applicant to use. If the registration form has
no address, the commissioner shall make a reasonable effort
to determine where the acknowledgment should be sent. If the
incomplete registration form is received during the period in
which registration is closed pursuant to section 48A.9 but
by 5:00 p.m. on the Saturday before the election for general
and primary elections or by 5:00 p.m. on the Friday before the
election for all other elections, the commissioner shall send
a notice advising the applicant of election day and in-person
absentee registration procedures under section 48A.7A .
Sec. 14. Section 50.20, Code 2014, is amended to read as
follows:
50.20 Notice of number of provisional ballots.
The commissioner shall compile a list of the number of
provisional ballots cast under section 49.81 in each precinct.
The list shall be made available to the public as soon as
possible, but in no case later than 9:00 a.m. on the second
day following the election. Any elector may examine the
list during normal office hours, and may also examine the
affidavit affidavits on the envelopes bearing containing the
ballots of challenged electors until the reconvening of the
special precinct board as required by this chapter . Only those
persons so permitted by section 53.23, subsection 4 , shall have
access to the affidavits while that board is in session. Any
elector may present written statements or documents, supporting
or opposing the counting of any provisional ballot, at the
commissioner’s office until the reconvening of the special

House File 2366, p. 9
precinct board.
Sec. 15. Section 53.2, subsection 6, Code 2014, is amended
to read as follows:
6. If an application for an absentee ballot is received
from an eligible elector who is not a registered voter
the commissioner shall send the eligible elector a voter
registration form and another absentee ballot application form.
If the application is received after the time registration
closes pursuant to section 48A.9 but by 5:00 p.m. on the
Saturday before the election for general and primary elections
or by 5:00 p.m. on the Friday before the election for all other
elections, the commissioner shall notify the applicant by
mail of the election day and in-person absentee registration
provisions of section 48A.7A . In addition to notification
by mail, the commissioner shall also attempt to contact the
applicant by any other method available to the commissioner.
Sec. 16. Section 53.8, subsection 1, Code 2014, is amended
to read as follows:
1. a. Upon receipt of an application for an absentee ballot
and immediately after the absentee ballots are printed, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3 . The absentee ballot shall be sent to the
registered voter by one of the following methods:
(1) The absentee ballot shall be enclosed in an unsealed
envelope bearing marked with a serial number and affidavit.
The absentee ballot and unsealed affidavit envelope shall
be enclosed in or with a an unsealed return envelope marked
postage paid which bears the same serial number as the unsealed
affidavit envelope. The absentee ballot, unsealed affidavit
envelope, and return envelope shall be enclosed in a third
envelope to be sent to the registered voter. If the ballot
cannot be folded so that all of the votes cast on the ballot
will be hidden, the commissioner shall also enclose a secrecy
envelope with the absentee ballot.
(2) The absentee ballot shall be enclosed in an unsealed
return envelope marked with a serial number and affidavit
and marked postage paid. The absentee ballot and return
envelope shall be enclosed in a second envelope to be sent
to the registered voter. If the ballot cannot be folded so
that all of the votes cast on the ballot will be hidden, the
commissioner shall also enclose a secrecy envelope with the
absentee ballot.

House File 2366, p. 10
b. The affidavit shall be marked on the appropriate envelope
in a form prescribed by the state commissioner of elections.
Sec. 17. Section 53.10, subsection 2, Code 2014, is amended
to read as follows:
2. Each person who wishes to vote by absentee ballot at
the commissioner’s office shall first sign an application for
a ballot including the following information: name, current
address, and the election for which the ballot is requested.
The person may report a change of address or other information
on the person’s voter registration record at that time. The
registered voter shall immediately mark the ballot; enclose the
ballot in a secrecy envelope, if necessary, and seal it in an
affidavit the envelope marked with the affidavit ; subscribe to
the affidavit on the reverse side of the envelope; and return
the absentee ballot to the commissioner. The commissioner
shall record the numbers appearing on the application and
affidavit envelope along with the name of the registered voter.
Sec. 18. Section 53.16, Code 2014, is amended to read as
follows:
53.16 Subscribing to affidavit.
After marking the ballot, the voter shall make and subscribe
to the affidavit on the reverse side of the affidavit envelope
or on the return envelope marked with the affidavit , and
fold the ballot or ballots, separately, so as to conceal
the markings on them, and deposit them in the envelope, and
securely seal the envelope.
Sec. 19. Section 53.17, subsection 1, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The If the commissioner mailed the ballot pursuant to
section 53.8, subsection 1, paragraph “a” , subparagraph
(1), the sealed envelope bearing the voter’s affidavit and
containing the absentee ballot shall be enclosed in a return
envelope which shall be securely sealed. If the commissioner
mailed the ballot pursuant to section 53.8, subsection 1,
paragraph “a” , subparagraph (2), the absentee ballot shall
be enclosed in the return envelope which shall be securely
sealed. The sealed return envelope shall be returned to the
commissioner by one of the following methods:
Sec. 20. Section 53.18, subsections 2 and 3, Code 2014, are
amended to read as follows:
2. If the commissioner receives the return envelope
containing the completed absentee ballot by 5:00 p.m. on the
Saturday before the election for general and primary elections

House File 2366, p. 11
and by 5:00 p.m. on the Friday before the election for all
other elections, the commissioner shall review the affidavit
marked on the return envelope, if applicable, for completeness
or shall open the return envelope to review the affidavit for
completeness. If the affidavit is incomplete, the commissioner
shall, within twenty-four hours of the time the envelope was
received, notify the voter of that fact and that the voter
may complete the affidavit in person at the office of the
commissioner by 5:00 p.m. on the day before the election, vote
a replacement ballot in the manner and within the time period
provided in subsection 3 , or appear at the voter’s precinct
polling place on election day and cast a ballot in accordance
with section 53.19, subsection 3 .
3. If the affidavit envelope or the return envelope marked
with the affidavit contains a defect that would cause the
absentee ballot to be rejected by the absentee and special
voters precinct board, the commissioner shall immediately
notify the voter of that fact and that the voter’s absentee
ballot shall not be counted unless the voter requests
and returns a replacement ballot in the time permitted
under section 53.17, subsection 2 . The voter may request
a replacement ballot in person, in writing, or over the
telephone. The same serial number that was assigned to the
records of the original absentee ballot application shall be
used on the envelope and records of the replacement ballot.
The affidavit envelope marked with the affidavit and containing
the completed replacement ballot shall be marked “Replacement
ballot”. The affidavit envelope marked with the affidavit and
containing the original ballot shall be marked “Defective” and
the replacement ballot shall be attached to the affidavit such
envelope containing the original ballot and shall be stored in
a secure place until they are delivered to the absentee and
special voters precinct board, notwithstanding sections 53.26
and 53.27 .
Sec. 21. Section 53.21, subsection 2, paragraph b, Code
2014, is amended to read as follows:
b. The voter shall enclose one copy of the above statement
in the return envelope along with the affidavit envelope , if
the voter was mailed a separate affidavit envelope, and shall
retain a copy for the voter’s records.
Sec. 22. Section 53.23, subsection 3, paragraph b,
subparagraph (1), Code 2014, is amended to read as follows:
(1) The commissioner may direct the board to meet on the day

House File 2366, p. 12
before the election for the purpose of reviewing the absentee
voters’ affidavits appearing on the sealed affidavit envelopes.
If in the commissioner’s judgment this procedure is necessary
due to the number of absentee ballots received, the members of
the board may open the sealed affidavit envelopes and remove
the secrecy envelope containing the ballot, but under no
circumstances shall a secrecy envelope or a return envelope
marked with an affidavit be opened before the board convenes
on election day, except as provided in paragraph “c” . If the
affidavit envelopes are opened before election day pursuant
to this paragraph “b” , two observers, one appointed by each
of the two political parties referred to in section 49.13,
subsection 2 , shall witness the proceedings. The observers
shall be appointed by the county chairperson or, if the
county chairperson fails to make an appointment, by the state
chairperson. However, if either or both political parties fail
to appoint an observer, the commissioner may continue with the
proceedings.
Sec. 23. Section 53.23, subsection 5, Code 2014, is amended
to read as follows:
5. The special precinct election board shall preserve
the secrecy of all absentee and provisional ballots. After
the affidavits on the envelopes have been reviewed and the
qualifications of the persons casting the ballots have been
determined, those that have been accepted for counting shall
be opened. The ballots shall be removed from the affidavit
envelopes or return envelopes marked with the affidavit, as
applicable, without being unfolded or examined, and then shall
be thoroughly intermingled, after which they shall be unfolded
and tabulated. If secrecy folders or envelopes are used with
provisional paper ballots, the ballots shall be removed from
the secrecy folders after the ballots have been intermingled.
Sec. 24. Section 53.25, Code 2014, is amended to read as
follows:
53.25 Rejecting ballot.
1. If the absentee voter’s affidavit lacks the voter’s
signature, if the applicant is not a duly registered voter on
election day in the precinct where the absentee ballot was
cast, if the affidavit envelope marked with the affidavit
contains more than one ballot of any one kind, or if the
voter has voted in person, such vote shall be rejected by the
absentee and special voters precinct board. If the affidavit
envelope or return envelope marked with the affidavit is

House File 2366, p. 13
open, or has been opened and resealed, or if the ballot is
not enclosed in the affidavit such envelope, and an affidavit
envelope or return envelope marked with the affidavit with
the same serial number and marked “Replacement ballot” is
not attached as provided in section 53.18 , the vote shall be
rejected by the absentee and special voters precinct board.
2. If the absentee ballot is rejected prior to the opening
of the affidavit envelope or return envelope marked with the
affidavit , the voter casting the ballot shall be notified by a
precinct election official by the time the canvass is completed
of the reason for the rejection on a form prescribed by the
state commissioner of elections.
Sec. 25. Section 53.27, Code 2014, is amended to read as
follows:
53.27 Rejection of ballot —— return of envelope.
If the ballot is rejected, the affidavit envelope , marked
with the affidavit of , with the voter endorsed voter’s
endorsement thereon, shall be returned with the rejected ballot
in the envelope endorsed “Defective ballots”.
Sec. 26. Section 53.30, Code 2014, is amended to read as
follows:
53.30 Ballots, ballot envelopes, and other information
preserved.
At the conclusion of each meeting of the absentee and
special voter’s precinct board, the board shall securely
seal all ballots counted by them in the manner prescribed in
section 50.12 . The ballot envelopes, including the affidavit
envelope having the registered voter’s affidavit on it if an
affidavit envelope was provided , the return envelope, and
secrecy envelope bearing the signatures of precinct election
officials, as required by section 53.23 , shall be preserved.
All applications for absentee ballots, ballots rejected without
being opened, absentee ballot logs, and any other documents
pertaining to the absentee ballot process shall be preserved
until such time as the documents may be destroyed pursuant to
section 50.19 .
Sec. 27. Section 53.32, Code 2014, is amended to read as
follows:
53.32 Ballot of deceased voter.
When it shall be made to appear by due proof to the precinct
election officials that any elector, who has so marked and
forwarded a ballot, has died before the affidavit envelope
marked with the affidavit is opened, then the ballot of such

House File 2366, p. 14
deceased voter shall be endorsed, “Rejected because voter is
dead”, and be returned to the commissioner ; but the . The
casting of the ballot of a deceased voter shall not invalidate
the election.
Sec. 28. Section 53.38, Code 2014, is amended to read as
follows:
53.38 What constitutes registration.
Whenever a ballot is requested pursuant to section 53.39 or
53.45 on behalf of a voter in the armed forces of the United
States, the affidavit upon the affidavit envelope marked
with the affidavit of such voter, if the voter is found to
be an eligible elector of the county to which the ballot is
submitted, shall constitute a sufficient registration under
chapter 48A . A completed federal postcard registration and
federal absentee ballot request form submitted by such eligible
elector shall also constitute a sufficient registration under
chapter 48A . The commissioner shall place the voter’s name
on the registration record as a registered voter if it does
not already appear there. The identification requirements of
section 48A.8 and the verification requirements of section
48A.25A do not apply to persons who register to vote under this
division .
Sec. 29. Section 53.40, subsection 3, Code 2014, is amended
to read as follows:
3. If the affidavit on the affidavit envelope marked
with the affidavit shows that the affiant is not a qualified
voter on the day of the election at which the ballot is
offered for voting, the envelope shall not be opened, but
the envelope and ballot contained in the envelope shall be
preserved and returned by the precinct election officials to
the commissioner, who shall preserve them for the period of
time and under the conditions provided for in sections 50.12 ,
50.13 , 50.15 , and 50.19 .
Sec. 30. Section 53.44, Code 2014, is amended to read as
follows:
53.44 Affidavit to be signed and returned.
1. The affidavit on the affidavit envelope marked with the
affidavit used in connection with voting by absentee ballot
under this division by members of the armed forces of the
United States need not be notarized or witnessed, but the
affidavit on such envelope shall be completed and signed by the
voter.
2. Absentee ballots issued under this division shall be

House File 2366, p. 15
returned in the same manner and within the same time limits
specified in section 53.17.
Sec. 31. REPEAL. Sections 53.13 and 53.14, Code 2014, are
repealed.
Sec. 32. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2366, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor