Bill Text: IA HF543 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring all ballots to be cast in secret, and making penalties applicable.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-01 - Introduced, referred to State Government. H.J. 455. [HF543 Detail]
Download: Iowa-2023-HF543-Introduced.html
House
File
543
-
Introduced
HOUSE
FILE
543
BY
THOMSON
and
DIEKEN
A
BILL
FOR
An
Act
requiring
all
ballots
to
be
cast
in
secret,
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2480YH
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H.F.
543
Section
1.
Section
49.84,
subsection
1,
paragraph
c,
Code
1
2023,
is
amended
to
read
as
follows:
2
c.
(1)
If
the
precinct
has
automatic
tabulating
equipment
3
that
will
not
permit
more
than
one
ballot
to
be
inserted
at
4
a
time,
the
voter
may
insert
the
ballot
into
the
tabulating
5
device;
otherwise,
the
election
official
shall
place
the
ballot
6
in
the
ballot
box.
An
identifying
mark
or
symbol
shall
not
be
7
endorsed
on
the
voter’s
ballot.
8
(2)
A
voter
shall
not
insert
a
ballot
into
the
tabulating
9
device
or
surrender
a
ballot
to
an
election
official
to
be
10
placed
in
the
ballot
box
unless
one
person
from
each
political
11
party
who
has
been
appointed
to
serve
on
a
challenging
12
committee
pursuant
to
section
49.104,
subsection
1,
paragraph
13
“b”
,
swears
under
penalty
of
perjury
that
the
person
has
14
personal
knowledge
that
the
ballot
was
cast
in
secret
only
by
15
the
voter
authorized
to
cast
the
ballot.
16
Sec.
2.
Section
53.23,
subsection
5,
Code
2023,
is
amended
17
to
read
as
follows:
18
5.
a.
The
special
precinct
election
board
shall
preserve
19
the
secrecy
of
all
absentee
and
provisional
ballots.
After
20
the
affidavits
on
the
envelopes
have
been
reviewed
and
the
21
qualifications
of
the
persons
casting
the
ballots
have
been
22
determined,
those
that
have
been
accepted
for
counting
shall
23
be
opened
not
been
rejected
pursuant
to
section
53.25
shall
be
24
reviewed
as
provided
in
paragraph
“b”
.
The
25
b.
After
the
special
precinct
election
board
has
reviewed
a
26
ballot
as
provided
in
paragraph
“a”
and
not
rejected
the
ballot
27
pursuant
to
section
53.25,
one
person
from
each
political
28
party
serving
as
a
challenger
pursuant
to
subsection
4
shall
29
swear
under
penalty
of
perjury
that
the
person
has
personal
30
knowledge
that
the
ballot
was
cast
in
secret
only
by
the
voter
31
who
completed
the
affidavit
on
the
envelope.
Otherwise,
the
32
ballot
shall
be
rejected.
33
c.
After
the
ballots
have
been
reviewed
as
provided
in
34
paragraph
“b”
,
the
ballots
that
have
not
been
rejected
shall
be
35
-1-
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543
removed
from
the
affidavit
envelopes
or
return
envelopes
marked
1
with
the
affidavit,
as
applicable,
without
being
unfolded
or
2
examined,
and
then
shall
be
thoroughly
intermingled,
after
3
which
they
shall
be
unfolded
and
tabulated.
If
secrecy
folders
4
or
envelopes
are
used
with
provisional
paper
ballots,
the
5
ballots
shall
be
removed
from
the
secrecy
folders
after
the
6
ballots
have
been
intermingled.
7
Sec.
3.
Section
53.25,
subsection
1,
paragraph
a,
Code
2023,
8
is
amended
to
read
as
follows:
9
a.
If
the
absentee
voter’s
affidavit
lacks
the
voter’s
10
signature,
if
the
applicant
is
not
a
duly
registered
voter
on
11
election
day
in
the
precinct
where
the
absentee
ballot
was
12
cast,
if
the
envelope
marked
with
the
affidavit
contains
more
13
than
one
ballot
of
any
one
kind,
if
the
ballot
was
not
cast
in
14
secret,
or
if
the
voter
has
voted
in
person,
such
vote
shall
15
be
rejected
by
the
absentee
and
special
voters
precinct
board.
16
If
the
affidavit
envelope
or
return
envelope
marked
with
the
17
affidavit
is
open,
or
has
been
opened
and
resealed,
or
if
the
18
ballot
is
not
enclosed
in
such
envelope,
and
an
affidavit
19
envelope
or
return
envelope
marked
with
the
affidavit
with
20
the
same
serial
number
and
marked
“Replacement
ballot”
is
not
21
attached
as
provided
in
section
53.18
,
the
ballot
shall
be
22
rejected
by
the
absentee
and
special
voters
precinct
board.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
the
secrecy
of
ballots.
The
bill
27
requires
that
before
a
voter
voting
at
the
polls
on
election
28
day
surrenders
a
ballot
to
be
tabulated,
one
person
from
29
each
political
party
who
has
been
appointed
to
serve
on
a
30
challenging
committee
swears
under
penalty
of
perjury
that
31
that
person
has
personal
knowledge
that
the
ballot
was
cast
in
32
secret
only
by
the
voter
authorized
to
cast
the
ballot.
The
33
bill
also
requires
that,
after
the
special
precinct
election
34
board
has
reviewed
and
not
rejected
an
absentee
or
provisional
35
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543
ballot,
before
the
ballot
is
separated
from
the
affidavit
1
envelope,
one
person
from
each
political
party
serving
as
a
2
challenger
swears
under
penalty
of
perjury
that
that
person
3
has
personal
knowledge
that
the
ballot
was
cast
in
secret
only
4
by
the
voter
who
completed
the
affidavit
on
the
envelope.
5
Otherwise,
the
bill
requires
the
ballot
to
be
rejected.
6
A
person
who
commits
perjury
is
guilty
of
a
class
“D”
felony.
7
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
8
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
than
9
$10,245.
10
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90
ss/ns
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