Bill Text: IA SF2301 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act relating to the administration of elections and voter registration by modifying the close of registration prior to a primary election, modifying the deadline for receipt of absentee ballots by the commissioner, and allowing for changes to the envelopes provided to absentee voters. (Formerly SSB 3131.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-03-24 - Amendment H-8142 filed. H.J. 568. [SF2301 Detail]
Download: Iowa-2013-SF2301-Amended.html
Senate
File
2301
-
Reprinted
SENATE
FILE
2301
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3131)
(As
Amended
and
Passed
by
the
Senate
March
4,
2014
)
A
BILL
FOR
An
Act
relating
to
the
administration
of
elections
and
voter
1
registration
by
modifying
the
close
of
registration
prior
2
to
a
primary
election,
modifying
the
deadline
for
receipt
3
of
absentee
ballots
by
the
commissioner,
and
allowing
for
4
changes
to
the
envelopes
provided
to
absentee
voters.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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2301
Section
1.
Section
48A.9,
subsection
1,
Code
2014,
is
1
amended
to
read
as
follows:
2
1.
Registration
closes
at
5:00
p.m.
eleven
days
before
each
3
election
except
primary
and
general
elections.
For
primary
and
4
general
elections,
registration
closes
at
5:00
p.m.
ten
days
5
before
the
election.
An
eligible
elector
may
register
during
6
the
time
registration
is
closed
in
the
elector’s
precinct
but
7
the
registration
shall
not
become
effective
until
registration
8
opens
again
in
the
elector’s
precinct,
except
as
otherwise
9
provided
in
section
48A.7A
.
10
Sec.
2.
Section
48A.26,
subsection
3,
Code
2014,
is
amended
11
to
read
as
follows:
12
3.
If
the
registration
form
is
missing
required
information
13
pursuant
to
section
48A.11,
subsection
8
,
the
acknowledgment
14
shall
advise
the
applicant
what
additional
information
is
15
required.
The
commissioner
shall
enclose
a
new
registration
16
form
for
the
applicant
to
use.
If
the
registration
form
has
17
no
address,
the
commissioner
shall
make
a
reasonable
effort
18
to
determine
where
the
acknowledgment
should
be
sent.
If
the
19
incomplete
registration
form
is
received
during
the
period
in
20
which
registration
is
closed
pursuant
to
section
48A.9
but
21
by
5:00
p.m.
on
the
Saturday
before
the
election
for
general
22
and
primary
elections
or
by
5:00
p.m.
on
the
Friday
before
the
23
election
for
all
other
elections,
the
commissioner
shall
send
24
a
notice
advising
the
applicant
of
election
day
and
in-person
25
absentee
registration
procedures
under
section
48A.7A
.
26
Sec.
3.
Section
50.20,
Code
2014,
is
amended
to
read
as
27
follows:
28
50.20
Notice
of
number
of
provisional
ballots.
29
The
commissioner
shall
compile
a
list
of
the
number
of
30
provisional
ballots
cast
under
section
49.81
in
each
precinct.
31
The
list
shall
be
made
available
to
the
public
as
soon
as
32
possible,
but
in
no
case
later
than
9:00
a.m.
on
the
second
33
day
following
the
election.
Any
elector
may
examine
the
34
list
during
normal
office
hours,
and
may
also
examine
the
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affidavit
affidavits
on
the
envelopes
bearing
containing
the
1
ballots
of
challenged
electors
until
the
reconvening
of
the
2
special
precinct
board
as
required
by
this
chapter
.
Only
those
3
persons
so
permitted
by
section
53.23,
subsection
4
,
shall
have
4
access
to
the
affidavits
while
that
board
is
in
session.
Any
5
elector
may
present
written
statements
or
documents,
supporting
6
or
opposing
the
counting
of
any
provisional
ballot,
at
the
7
commissioner’s
office
until
the
reconvening
of
the
special
8
precinct
board.
9
Sec.
4.
Section
53.2,
subsection
6,
Code
2014,
is
amended
10
to
read
as
follows:
11
6.
If
an
application
for
an
absentee
ballot
is
received
12
from
an
eligible
elector
who
is
not
a
registered
voter
13
the
commissioner
shall
send
the
eligible
elector
a
voter
14
registration
form
and
another
absentee
ballot
application
form.
15
If
the
application
is
received
after
the
time
registration
16
closes
pursuant
to
section
48A.9
but
by
5:00
p.m.
on
the
17
Saturday
before
the
election
for
general
and
primary
elections
18
or
by
5:00
p.m.
on
the
Friday
before
the
election
for
all
other
19
elections,
the
commissioner
shall
notify
the
applicant
by
20
mail
of
the
election
day
and
in-person
absentee
registration
21
provisions
of
section
48A.7A
.
In
addition
to
notification
22
by
mail,
the
commissioner
shall
also
attempt
to
contact
the
23
applicant
by
any
other
method
available
to
the
commissioner.
24
Sec.
5.
Section
53.8,
subsection
1,
Code
2014,
is
amended
25
to
read
as
follows:
26
1.
a.
Upon
receipt
of
an
application
for
an
absentee
ballot
27
and
immediately
after
the
absentee
ballots
are
printed,
the
28
commissioner
shall
mail
an
absentee
ballot
to
the
applicant
29
within
twenty-four
hours,
except
as
otherwise
provided
in
30
subsection
3
.
The
absentee
ballot
shall
be
sent
to
the
31
registered
voter
by
one
of
the
following
methods:
32
(1)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
33
envelope
bearing
marked
with
a
serial
number
and
affidavit.
34
The
absentee
ballot
and
unsealed
affidavit
envelope
shall
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be
enclosed
in
or
with
a
an
unsealed
return
envelope
marked
1
postage
paid
which
bears
the
same
serial
number
as
the
unsealed
2
affidavit
envelope.
The
absentee
ballot,
unsealed
affidavit
3
envelope,
and
return
envelope
shall
be
enclosed
in
a
third
4
envelope
to
be
sent
to
the
registered
voter.
If
the
ballot
5
cannot
be
folded
so
that
all
of
the
votes
cast
on
the
ballot
6
will
be
hidden,
the
commissioner
shall
also
enclose
a
secrecy
7
envelope
with
the
absentee
ballot.
8
(2)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
9
return
envelope
marked
with
a
serial
number
and
affidavit
10
and
marked
postage
paid.
The
absentee
ballot
and
return
11
envelope
shall
be
enclosed
in
a
second
envelope
to
be
sent
12
to
the
registered
voter.
If
the
ballot
cannot
be
folded
so
13
that
all
of
the
votes
cast
on
the
ballot
will
be
hidden,
the
14
commissioner
shall
also
enclose
a
secrecy
envelope
with
the
15
absentee
ballot.
16
b.
The
affidavit
shall
be
marked
on
the
appropriate
envelope
17
in
a
form
prescribed
by
the
state
commissioner
of
elections.
18
Sec.
6.
Section
53.10,
subsection
2,
Code
2014,
is
amended
19
to
read
as
follows:
20
2.
Each
person
who
wishes
to
vote
by
absentee
ballot
at
21
the
commissioner’s
office
shall
first
sign
an
application
for
22
a
ballot
including
the
following
information:
name,
current
23
address,
and
the
election
for
which
the
ballot
is
requested.
24
The
person
may
report
a
change
of
address
or
other
information
25
on
the
person’s
voter
registration
record
at
that
time.
The
26
registered
voter
shall
immediately
mark
the
ballot;
enclose
the
27
ballot
in
a
secrecy
envelope,
if
necessary,
and
seal
it
in
an
28
affidavit
the
envelope
marked
with
the
affidavit
;
subscribe
to
29
the
affidavit
on
the
reverse
side
of
the
envelope;
and
return
30
the
absentee
ballot
to
the
commissioner.
The
commissioner
31
shall
record
the
numbers
appearing
on
the
application
and
32
affidavit
envelope
along
with
the
name
of
the
registered
voter.
33
Sec.
7.
Section
53.16,
Code
2014,
is
amended
to
read
as
34
follows:
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53.16
Subscribing
to
affidavit.
1
After
marking
the
ballot,
the
voter
shall
make
and
subscribe
2
to
the
affidavit
on
the
reverse
side
of
the
affidavit
envelope
3
or
on
the
return
envelope
marked
with
the
affidavit
,
and
4
fold
the
ballot
or
ballots,
separately,
so
as
to
conceal
5
the
markings
on
them,
and
deposit
them
in
the
envelope,
and
6
securely
seal
the
envelope.
7
Sec.
8.
Section
53.17,
subsection
1,
unnumbered
paragraph
8
1,
Code
2014,
is
amended
to
read
as
follows:
9
The
If
the
commissioner
mailed
the
ballot
pursuant
to
10
section
53.8,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
11
the
sealed
affidavit
envelope
containing
the
absentee
ballot
12
shall
be
enclosed
in
a
return
envelope
which
shall
be
securely
13
sealed.
If
the
commissioner
mailed
the
ballot
pursuant
to
14
section
53.8,
subsection
1,
paragraph
“a”
,
subparagraph
(2),
15
the
absentee
ballot
shall
be
enclosed
in
the
return
envelope
16
which
shall
be
securely
sealed.
The
sealed
return
envelope
17
shall
be
returned
to
the
commissioner
by
one
of
the
following
18
methods:
19
Sec.
9.
Section
53.17,
subsection
2,
Code
2014,
is
amended
20
to
read
as
follows:
21
2.
In
order
for
the
ballot
to
be
counted,
the
return
22
envelope
must
be
received
in
the
commissioner’s
office
before
23
the
polls
close
on
election
day
or
must
be
clearly
postmarked
24
by
an
officially
authorized
postal
service
not
later
than
the
25
day
before
the
election
and
received
by
the
commissioner
not
26
later
than
noon
on
the
Monday
following
the
election
or
must
27
be
clearly
postmarked
by
received
by
the
commissioner
through
28
an
officially
authorized
postal
service
not
later
than
5:00
29
p.m.
on
the
day
before
after
the
election
and
received
by
the
30
commissioner
not
later
than
noon
on
the
Monday
following
the
31
election
.
32
Sec.
10.
Section
53.18,
subsections
2
and
3,
Code
2014,
are
33
amended
to
read
as
follows:
34
2.
If
the
commissioner
receives
the
return
envelope
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containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
1
Saturday
before
the
election
for
general
and
primary
elections
2
and
by
5:00
p.m.
on
the
Friday
before
the
election
for
all
3
other
elections,
the
commissioner
shall
review
the
affidavit
4
marked
on
the
return
envelope,
if
applicable,
for
completeness
5
or
shall
open
the
return
envelope
to
review
the
affidavit
for
6
completeness.
If
the
affidavit
is
incomplete,
the
commissioner
7
shall,
within
twenty-four
hours
of
the
time
the
envelope
was
8
received,
notify
the
voter
of
that
fact
and
that
the
voter
9
may
complete
the
affidavit
in
person
at
the
office
of
the
10
commissioner
by
5:00
p.m.
on
the
day
before
the
election,
vote
11
a
replacement
ballot
in
the
manner
and
within
the
time
period
12
provided
in
subsection
3
,
or
appear
at
the
voter’s
precinct
13
polling
place
on
election
day
and
cast
a
ballot
in
accordance
14
with
section
53.19,
subsection
3
.
15
3.
If
the
affidavit
envelope
or
the
return
envelope
marked
16
with
the
affidavit
contains
a
defect
that
would
cause
the
17
absentee
ballot
to
be
rejected
by
the
absentee
and
special
18
voters
precinct
board,
the
commissioner
shall
immediately
19
notify
the
voter
of
that
fact
and
that
the
voter’s
absentee
20
ballot
shall
not
be
counted
unless
the
voter
requests
21
and
returns
a
replacement
ballot
in
the
time
permitted
22
under
section
53.17,
subsection
2
.
The
voter
may
request
23
a
replacement
ballot
in
person,
in
writing,
or
over
the
24
telephone.
The
same
serial
number
that
was
assigned
to
the
25
records
of
the
original
absentee
ballot
application
shall
be
26
used
on
the
envelope
and
records
of
the
replacement
ballot.
27
The
affidavit
envelope
marked
with
the
affidavit
and
containing
28
the
completed
replacement
ballot
shall
be
marked
“Replacement
29
ballot”.
The
affidavit
envelope
marked
with
the
affidavit
and
30
containing
the
original
ballot
shall
be
marked
“Defective”
and
31
the
replacement
ballot
shall
be
attached
to
the
affidavit
such
32
envelope
containing
the
original
ballot
and
shall
be
stored
in
33
a
secure
place
until
they
are
delivered
to
the
absentee
and
34
special
voters
precinct
board,
notwithstanding
sections
53.26
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and
53.27
.
1
Sec.
11.
Section
53.21,
subsection
2,
paragraph
b,
Code
2
2014,
is
amended
to
read
as
follows:
3
b.
The
voter
shall
enclose
one
copy
of
the
above
statement
4
in
the
return
envelope
along
with
the
affidavit
envelope
,
if
5
the
voter
was
mailed
a
separate
affidavit
envelope,
and
shall
6
retain
a
copy
for
the
voter’s
records.
7
Sec.
12.
Section
53.23,
subsection
3,
paragraph
b,
8
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
9
(1)
The
commissioner
may
direct
the
board
to
meet
on
the
day
10
before
the
election
for
the
purpose
of
reviewing
the
absentee
11
voters’
affidavits
appearing
on
the
sealed
affidavit
envelopes.
12
If
in
the
commissioner’s
judgment
this
procedure
is
necessary
13
due
to
the
number
of
absentee
ballots
received,
the
members
of
14
the
board
may
open
the
sealed
affidavit
envelopes
and
remove
15
the
secrecy
envelope
containing
the
ballot,
but
under
no
16
circumstances
shall
a
secrecy
envelope
or
a
return
envelope
17
marked
with
an
affidavit
be
opened
before
the
board
convenes
18
on
election
day,
except
as
provided
in
paragraph
“c”
.
If
the
19
affidavit
envelopes
are
opened
before
election
day
pursuant
20
to
this
paragraph
“b”
,
two
observers,
one
appointed
by
each
21
of
the
two
political
parties
referred
to
in
section
49.13,
22
subsection
2
,
shall
witness
the
proceedings.
The
observers
23
shall
be
appointed
by
the
county
chairperson
or,
if
the
24
county
chairperson
fails
to
make
an
appointment,
by
the
state
25
chairperson.
However,
if
either
or
both
political
parties
fail
26
to
appoint
an
observer,
the
commissioner
may
continue
with
the
27
proceedings.
28
Sec.
13.
Section
53.23,
subsection
5,
Code
2014,
is
amended
29
to
read
as
follows:
30
5.
The
special
precinct
election
board
shall
preserve
31
the
secrecy
of
all
absentee
and
provisional
ballots.
After
32
the
affidavits
on
the
envelopes
have
been
reviewed
and
the
33
qualifications
of
the
persons
casting
the
ballots
have
been
34
determined,
those
that
have
been
accepted
for
counting
shall
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be
opened.
The
ballots
shall
be
removed
from
the
affidavit
1
envelopes
or
return
envelopes
marked
with
the
affidavit,
as
2
applicable,
without
being
unfolded
or
examined,
and
then
shall
3
be
thoroughly
intermingled,
after
which
they
shall
be
unfolded
4
and
tabulated.
If
secrecy
folders
or
envelopes
are
used
with
5
provisional
paper
ballots,
the
ballots
shall
be
removed
from
6
the
secrecy
folders
after
the
ballots
have
been
intermingled.
7
Sec.
14.
Section
53.25,
Code
2014,
is
amended
to
read
as
8
follows:
9
53.25
Rejecting
ballot.
10
1.
If
the
absentee
voter’s
affidavit
lacks
the
voter’s
11
signature,
if
the
applicant
is
not
a
duly
registered
voter
on
12
election
day
in
the
precinct
where
the
absentee
ballot
was
13
cast,
if
the
affidavit
envelope
marked
with
the
affidavit
14
contains
more
than
one
ballot
of
any
one
kind,
or
if
the
15
voter
has
voted
in
person,
such
vote
shall
be
rejected
by
the
16
absentee
and
special
voters
precinct
board.
If
the
affidavit
17
envelope
or
return
envelope
marked
with
the
affidavit
is
18
open,
or
has
been
opened
and
resealed,
or
if
the
ballot
is
19
not
enclosed
in
the
affidavit
such
envelope,
and
an
affidavit
20
envelope
or
return
envelope
marked
with
the
affidavit
with
21
the
same
serial
number
and
marked
“Replacement
ballot”
is
22
not
attached
as
provided
in
section
53.18
,
the
vote
shall
be
23
rejected
by
the
absentee
and
special
voters
precinct
board.
24
2.
If
the
absentee
ballot
is
rejected
prior
to
the
opening
25
of
the
affidavit
envelope
or
return
envelope
marked
with
the
26
affidavit
,
the
voter
casting
the
ballot
shall
be
notified
by
a
27
precinct
election
official
by
the
time
the
canvass
is
completed
28
of
the
reason
for
the
rejection
on
a
form
prescribed
by
the
29
state
commissioner
of
elections.
30
Sec.
15.
Section
53.27,
Code
2014,
is
amended
to
read
as
31
follows:
32
53.27
Rejection
of
ballot
——
return
of
envelope.
33
If
the
ballot
is
rejected,
the
affidavit
envelope
,
marked
34
with
the
affidavit
of
,
with
the
voter
endorsed
voter’s
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endorsement
thereon,
shall
be
returned
with
the
rejected
ballot
1
in
the
envelope
endorsed
“Defective
ballots”.
2
Sec.
16.
Section
53.30,
Code
2014,
is
amended
to
read
as
3
follows:
4
53.30
Ballots,
ballot
envelopes,
and
other
information
5
preserved.
6
At
the
conclusion
of
each
meeting
of
the
absentee
and
7
special
voter’s
precinct
board,
the
board
shall
securely
8
seal
all
ballots
counted
by
them
in
the
manner
prescribed
in
9
section
50.12
.
The
ballot
envelopes,
including
the
affidavit
10
envelope
having
the
registered
voter’s
affidavit
on
it
if
an
11
affidavit
envelope
was
provided
,
the
return
envelope,
and
12
secrecy
envelope
bearing
the
signatures
of
precinct
election
13
officials,
as
required
by
section
53.23
,
shall
be
preserved.
14
All
applications
for
absentee
ballots,
ballots
rejected
without
15
being
opened,
absentee
ballot
logs,
and
any
other
documents
16
pertaining
to
the
absentee
ballot
process
shall
be
preserved
17
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
18
section
50.19
.
19
Sec.
17.
Section
53.32,
Code
2014,
is
amended
to
read
as
20
follows:
21
53.32
Ballot
of
deceased
voter.
22
When
it
shall
be
made
to
appear
by
due
proof
to
the
precinct
23
election
officials
that
any
elector,
who
has
so
marked
and
24
forwarded
a
ballot,
has
died
before
the
affidavit
envelope
25
marked
with
the
affidavit
is
opened,
then
the
ballot
of
such
26
deceased
voter
shall
be
endorsed,
“Rejected
because
voter
is
27
dead”,
and
be
returned
to
the
commissioner
;
but
the
.
The
28
casting
of
the
ballot
of
a
deceased
voter
shall
not
invalidate
29
the
election.
30
Sec.
18.
Section
53.38,
Code
2014,
is
amended
to
read
as
31
follows:
32
53.38
What
constitutes
registration.
33
Whenever
a
ballot
is
requested
pursuant
to
section
53.39
or
34
53.45
on
behalf
of
a
voter
in
the
armed
forces
of
the
United
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States,
the
affidavit
upon
the
affidavit
envelope
marked
1
with
the
affidavit
of
such
voter,
if
the
voter
is
found
to
2
be
an
eligible
elector
of
the
county
to
which
the
ballot
is
3
submitted,
shall
constitute
a
sufficient
registration
under
4
chapter
48A
.
A
completed
federal
postcard
registration
and
5
federal
absentee
ballot
request
form
submitted
by
such
eligible
6
elector
shall
also
constitute
a
sufficient
registration
under
7
chapter
48A
.
The
commissioner
shall
place
the
voter’s
name
8
on
the
registration
record
as
a
registered
voter
if
it
does
9
not
already
appear
there.
The
identification
requirements
of
10
section
48A.8
and
the
verification
requirements
of
section
11
48A.25A
do
not
apply
to
persons
who
register
to
vote
under
this
12
division
.
13
Sec.
19.
Section
53.40,
subsection
3,
Code
2014,
is
amended
14
to
read
as
follows:
15
3.
If
the
affidavit
on
the
affidavit
envelope
marked
16
with
the
affidavit
shows
that
the
affiant
is
not
a
qualified
17
voter
on
the
day
of
the
election
at
which
the
ballot
is
18
offered
for
voting,
the
envelope
shall
not
be
opened,
but
19
the
envelope
and
ballot
contained
in
the
envelope
shall
be
20
preserved
and
returned
by
the
precinct
election
officials
to
21
the
commissioner,
who
shall
preserve
them
for
the
period
of
22
time
and
under
the
conditions
provided
for
in
sections
50.12
,
23
50.13
,
50.15
,
and
50.19
.
24
Sec.
20.
Section
53.44,
Code
2014,
is
amended
to
read
as
25
follows:
26
53.44
Affidavit
to
be
signed
and
returned.
27
1.
The
affidavit
on
the
affidavit
envelope
marked
with
the
28
affidavit
used
in
connection
with
voting
by
absentee
ballot
29
under
this
division
by
members
of
the
armed
forces
of
the
30
United
States
need
not
be
notarized
or
witnessed,
but
the
31
affidavit
on
such
envelope
shall
be
completed
and
signed
by
the
32
voter.
33
2.
Absentee
ballots
issued
under
this
division
shall
be
34
returned
in
the
same
manner
and
within
the
same
time
limits
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