Bill Text: IA SF2380 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to the duties of the secretary of state, including the address confidentiality program and the conduct of elections.(Formerly SSB 3161.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-03-26 - Amendment S-5104 filed. S.J. 646. [SF2380 Detail]

Download: Iowa-2023-SF2380-Introduced.html

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Senate File 2380 - Introduced
SENATE FILE 2380
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 3161)
A BILL FOR
An Act relating to the duties of the secretary of state,
including the address confidentiality program and the
conduct of elections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
ADDRESS CONFIDENTIALITY PROGRAM
Section 1. Section 9E.3, subsection 1, paragraphs e and f,
Code 2024, are amended to read as follows:
e. The residential address of the eligible person,
disclosure of which could lead to an increased risk of domestic
abuse, domestic abuse assault, sexual abuse, assault, stalking,
or human trafficking. If the eligible person’s residential
address is a shelter known to the program, the applicant may
provide the shelter’s name and other contact information in
lieu of the shelter’s physical address.
f. If mail cannot be delivered to the residential address of
the eligible person, the address to which mail can be sent to
the eligible person. If the eligible person’s mailing address
is a shelter known to the program, the applicant may provide
the shelter’s name and other contact information in lieu of the
shelter’s physical address.
Sec. 2. Section 9E.4, subsection 2, Code 2024, is amended
to read as follows:
2. The secretary shall cancel a program participant’s
certification if the for any of the following reasons:
a. The program participant’s application contains false
information.
b. The secretary receives information from a reliable source
that the program participant has died.
Sec. 3. Section 9E.5, subsection 3, Code 2024, is amended
to read as follows:
3. The secretary shall forward all mail sent to the
designated address to the program participant. At the request
of the program participant, the secretary may hold the program
participant’s mail for up to thirty days.
DIVISION II
CANDIDATE ELIGIBILITY OBJECTIONS
Sec. 4. Section 43.18, subsection 9, Code 2024, is amended
to read as follows:
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9. A For a candidate for an office other than a federal
office, a statement that the candidate is aware that the
candidate is disqualified from holding office if the candidate
has been convicted of a felony or other infamous crime and the
candidate’s rights have not been restored by the governor or by
the president of the United States.
Sec. 5. Section 43.24, subsection 1, Code 2024, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. Objections to the eligibility of a
candidate for a federal office shall not be sustained unless
the objection is limited to the legal sufficiency of the
nomination petition or certificate of nomination, or to the
residency, age, or citizenship requirements as described in the
Constitution of the United States.
Sec. 6. Section 44.3, subsection 2, paragraph i, Code 2024,
is amended to read as follows:
i. A For a candidate for an office other than a federal
office, a statement that the candidate is aware that the
candidate is disqualified from holding office if the candidate
has been convicted of a felony or other infamous crime and the
candidate’s rights have not been restored by the governor or by
the president of the United States.
Sec. 7. Section 44.6, Code 2024, is amended to read as
follows:
44.6 Hearing before state commissioner.
Objections filed with the state commissioner shall be
considered by the secretary of state and auditor of state and
attorney general, and a majority decision shall be final.
However, if the objection is to the certificate of nomination
of one or more of the above named officers, the officer or
officers objected to shall not pass upon the objection, but
their places shall be filled, respectively, by the treasurer
of state, the governor, and the secretary of agriculture.
Objections relating to incorrect or incomplete information
for information that is required under section 44.3 shall be
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sustained. Objections to the eligibility of a candidate for
a federal office shall not be sustained unless the objection
is limited to the legal sufficiency of the nomination petition
or certificate of nomination, or to the residency, age, or
citizenship requirements as described in the Constitution of
the United States.
Sec. 8. Section 45.3, subsection 9, Code 2024, is amended
to read as follows:
9. A For a candidate for an office other than a federal
office, a statement that the candidate is aware that the
candidate is disqualified from holding office if the candidate
has been convicted of a felony or other infamous crime and the
candidate’s rights have not been restored by the governor or by
the president of the United States.
Sec. 9. Section 54.5, Code 2024, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. An objection to a nomination made under
this section on any grounds other than the legal sufficiency
of the certificate of nomination shall not be sustained. The
certificate of nomination shall be presumed valid.
DIVISION III
RANKED CHOICE VOTING
Sec. 10. Section 49.93, Code 2024, is amended to read as
follows:
49.93 Number of votes for each office.
1. For an office to which one person is to be elected, a
voter shall not vote for more than one candidate. If two or
more persons are to be elected to an office, the voter shall
vote for no more than the number of persons to be elected. If a
person votes for more than the permitted number of candidates,
the vote for that office shall not count. Valid votes cast on
the rest of the ballot shall be counted.
2. a. An election in this state shall not be conducted
using ranked choice voting or instant runoff voting.
b. For the purposes of this section, “ranked choice voting”
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or “instant runoff voting” means a method of casting and
tabulating votes in which a voter ranks candidates in order of
preference, tabulation of ballots proceeds in rounds such that
in each round either a candidate is elected or the candidate
receiving the fewest votes is defeated, votes are transferred
from elected or defeated candidates to a voter’s next-ranked
candidate in order of preference, and tabulation ends when a
candidate receives the majority of votes cast or the number of
candidates elected equals the number of offices to be filled,
as applicable.
DIVISION IV
ABSENT VOTERS
Sec. 11. Section 39A.4, subsection 1, paragraph c,
subparagraphs (10) and (11), Code 2024, are amended to read as
follows:
(10) Returning a voted absentee ballot by mail , to a ballot
drop box, or in person , to the commissioner’s office and the
person returning the ballot is a person prohibited to collect
and deliver a completed ballot pursuant to section 53.33 .
(11) Making a false or untrue statement reporting that
a voted absentee ballot was returned to the commissioner’s
office, by mail or in person, or to a ballot drop box, by a
person prohibited to collect and deliver a completed ballot
pursuant to section 53.33 .
Sec. 12. NEW SECTION . 53.1B Definitions.
For purposes of this subchapter, unless the context
otherwise requires:
1. “Affidavit envelope” means an envelope that includes
a serial number and bears on the back an affidavit for a
registered voter to mark the registered voter’s signature and
voter verification number in a form prescribed by the state
commissioner.
2. “Delivery envelope” means an envelope that bears on its
face the name and address of the registered voter requesting an
absentee ballot, the words “county commissioner of elections”,
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the address of the commissioner’s office, and the same serial
number that appears on the affidavit envelope and return
envelope.
3. “Return envelope” means an envelope that is addressed
to the commissioner’s office, bears appropriate return postage
or a postal permit guaranteeing that the commissioner will pay
the return postage, and includes the same serial number as the
affidavit envelope and delivery envelope.
4. “Secrecy envelope” means an envelope, folder, or sleeve
that hides all votes on a ballot when folded.
Sec. 13. Section 53.4, subsection 1, paragraph c,
subparagraph (2), Code 2024, is amended by striking the
subparagraph.
Sec. 14. Section 53.8, subsection 1, Code 2024, 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, but
not more than twenty twenty-two days before the election, 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: enclosed
in an unsealed affidavit envelope. The absentee ballot and
affidavit envelope shall be enclosed in or with an unsealed
return envelope. The absentee ballot, affidavit envelope, and
return envelope shall be enclosed in the delivery envelope. If
the ballot cannot be folded so that all the votes on the ballot
will be hidden, the commissioner shall also enclose a secrecy
envelope with the absentee ballot.
(1) The absentee ballot shall be enclosed in an unsealed
envelope marked with a serial number and affidavit. The
absentee ballot and affidavit envelope shall be enclosed in
or with an unsealed return envelope marked postage paid which
bears the same serial number as the affidavit envelope. The
absentee ballot, affidavit envelope, and return envelope shall
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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.
b. The affidavit shall be marked on the appropriate envelope
in a form prescribed by the state commissioner of elections
registered voter requesting and receiving an absentee ballot
shall subscribe to the affidavit by signing and marking the
registered voter’s voter verification number on the affidavit
envelope .
c. All domestic return envelope flaps or backs shall also
be printed or stamped with a notice of the deadline to return a
completed absentee ballot and the manner to track the status of
the ballot in a form prescribed by the state commissioner.
c. d. For envelopes mailed at any election other than the
primary election, the commissioner shall not mark any envelope
with any information related to the party affiliation of the
applicant.
Sec. 15. Section 53.8, subsection 2, paragraph a, Code 2024,
is amended to read as follows:
a. The commissioner shall enclose with the absentee ballot
a statement informing the applicant that the sealed return
envelope may be mailed to the commissioner by the registered
voter or a person not prohibited to collect and deliver a
completed ballot pursuant to section 53.33 , may be returned to
a drop box established by the commissioner pursuant to section
53.17, subsection 1 , by the registered voter or a person not
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prohibited to collect and deliver a completed ballot pursuant
to section 53.33 , only if the commissioner has established
such a drop box, or may be personally delivered to the
commissioner’s office by the registered voter or a person not
prohibited to collect and deliver a completed ballot pursuant
to section 53.33 . The statement shall also inform the voter
that the voter may request that the person not prohibited to
collect and deliver a completed ballot pursuant to section
53.33 complete a receipt when retrieving the ballot from the
voter. A blank receipt shall be enclosed with the absentee
ballot.
Sec. 16. Section 53.10, subsection 2, paragraph a, Code
2024, is amended to read as follows:
a. 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, voter verification number, 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. Prior to furnishing a ballot, the
commissioner shall verify the person’s identity as provided
in section 49.78 . The registered voter shall immediately
mark the ballot; enclose the ballot in a secrecy envelope,
if necessary, and seal it the ballot in the envelope marked
with the affidavit envelope ; subscribe to the affidavit on
the reverse side of the envelope by signing and marking the
registered voter’s voter verification number ; and return the
sealed affidavit envelope containing 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. 17. Section 53.12, Code 2024, is amended by striking
the section and inserting in lieu thereof the following:
53.12 Duty of commissioner.
The commissioner shall affix to the application the same
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serial number that appears on the affidavit envelope, return
envelope, and delivery envelope.
Sec. 18. Section 53.16, Code 2024, is amended by striking
the section and inserting in lieu thereof the following:
53.16 Subscribing to affidavit.
After marking the ballot, the voter shall enclose the ballot
in a secrecy envelope, if necessary, and seal the ballot in
the affidavit envelope; subscribe to the affidavit by signing
and marking the registered voter’s voter verification number;
place the sealed affidavit envelope in the return envelope; and
securely seal the return envelope.
Sec. 19. Section 53.17, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
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 53.17, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. The sealed return envelope may be delivered by the
registered voter, by the voter’s designee, or by the special
precinct election officials designated pursuant to section
53.22, subsection 2 , to the commissioner’s office no later
than the time the polls are closed 5:00 p.m. on the day before
election day. However, if delivered by the voter’s designee,
the envelope shall be delivered within seventy-two hours of
retrieving it from the voter or by 5:00 p.m. on the day before
the closing of the polls on election day, whichever is earlier.
Sec. 21. Section 53.17, subsection 1, paragraph c, Code
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2024, is amended by striking the paragraph.
Sec. 22. Section 53.17, subsection 2, Code 2024, is amended
to read as follows:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner’s office by 5:00
p.m. on the day before the polls close on election day and
recorded as received by the commissioner by 11:59 p.m. on the
day before election day .
Sec. 23. Section 53.17, subsection 4, paragraph f, Code
2024, is amended to read as follows:
f. A statement that the completed absentee ballot will be
delivered to the commissioner’s office within seventy-two hours
of retrieving it from the voter or by the close of business
on the day before the closing of the polls on election day,
whichever is earlier, or that the completed absentee ballot
will be mailed to the commissioner within seventy-two hours of
retrieving it from the voter.
Sec. 24. Section 53.17A, subsection 3, paragraph a, Code
2024, is amended to read as follows:
a. An absentee ballot received after the polls close
close of business on the day before election day but prior
to the official canvass shall be counted if the commissioner
determines that the ballot entered the federal mail system by
the deadline specified in section 53.17 or 53.22 . The date of
entry of such an absentee ballot into the federal mail system
shall only be verified as provided in paragraph “b” .
Sec. 25. Section 53.18, subsections 2 and 3, Code 2024, 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 elections 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
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open the return envelope, if applicable, and review the
affidavit marked on the affidavit envelope for completeness .
If the affidavit lacks the signature or voter verification
number of the registered voter, the commissioner shall, within
twenty-four hours of the receipt of the envelope, notify the
voter of the deficiency and inform the voter that the voter may
vote a replacement ballot as provided in subsection 3 , cast a
ballot as provided in section 53.19, subsection 3 , or complete
the affidavit in person at the office of the commissioner not
later than the time polls close on election day.
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 . For the purposes of this section ,
a return an affidavit envelope marked with the affidavit
shall be considered to contain a defect if it appears to
the commissioner that the signature on the envelope has been
signed by someone other than the registered voter, in comparing
the signature on the envelope to the signature on record of
the registered voter named on the envelope. A signature or
marking made in accordance with section 39.3, subsection
17 , shall not be considered a defect for purposes of this
section the voter verification number provided does not match
the voter verification number associated with the voter’s
voter registration . 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 envelopes and records of the replacement ballot. The
affidavit envelope marked with the affidavit and containing
the completed replacement ballot shall be marked “Replacement
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ballot”. The affidavit envelope marked with the affidavit and
containing the original ballot shall be marked “Defective” and
the “Defective”. The replacement ballot shall be attached to
such the affidavit 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. 26. Section 53.19, subsection 1, Code 2024, is amended
to read as follows:
1. The commissioner shall maintain a list of the absentee
ballots provided to registered voters, the serial number
appearing on the unsealed envelope, the date the application
for the absentee ballot was received, the date the absentee
ballot was sent to the registered voter requesting the absentee
ballot, the date the absentee ballot was received by the
commissioner, the date the absentee ballot outer envelope was
opened, and whether the ballot was delivered by mail , or in
person, to a ballot drop box, or cast in person at a satellite
location. The information under this subsection shall be
reported separately at the same time as the information
reported under section 53.30, subsection 3 .
Sec. 27. Section 53.21, subsection 2, paragraph b, Code
2024, 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. 28. Section 53.23, subsection 3, paragraph b,
subparagraph (1), Code 2024, is amended to read as follows:
(1) The commissioner may direct the board to meet on the day
before the election for the purpose of reviewing the absentee
voters’ affidavits appearing on the sealed 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
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the secrecy envelope containing the ballot, but under no
circumstances shall a secrecy envelope or a return an affidavit
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” , the observers appointed
by each political party, as defined in section 43.2 , shall
witness the proceedings. Each political party may appoint up
to five observers under this paragraph “b” . 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. 29. Section 53.23, subsection 5, Code 2024, 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 affidavit 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 envelopes after the ballots have been
intermingled.
Sec. 30. Section 53.25, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. If the absentee voter’s affidavit lacks the voter’s
signature or voter verification number , 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
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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 open, or has been opened and resealed, or if the
ballot is not enclosed in such the affidavit 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 ballot shall be
rejected by the absentee and special voters precinct board.
Sec. 31. Section 53.25, subsection 2, Code 2024, is amended
to read as follows:
2. If the absentee or provisional 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. 32. Section 53.30, subsection 2, Code 2024, is amended
to read as follows:
2. At the conclusion of each meeting of the absentee and
special voters 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
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. 33. Section 53.32, Code 2024, is amended to read as
follows:
53.32 Ballot of deceased voter.
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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 envelope marked with
the affidavit affidavit envelope is opened, then the ballot of
such deceased voter shall be endorsed, “Rejected because voter
is dead”, and be returned to the commissioner. The casting
of the ballot of a deceased voter shall not invalidate the
election.
Sec. 34. Section 53.33, subsection 7, paragraph a, Code
2024, is amended to read as follows:
a. Deliver the completed absentee ballot in person to the
commissioner’s office. The delivery agent shall not deliver
the completed absentee ballot by mail or to a ballot drop box .
DIVISION V
PERSONS PERMITTED IN VOTING BOOTHS
Sec. 35. Section 49.88, subsection 3, Code 2024, is amended
to read as follows:
3. A person standing for election on the ballot before a
voter shall not occupy commits a violation of this section by
occupying the voting booth with the voter, including to assist
the voter.
Sec. 36. Section 49.90, Code 2024, is amended to read as
follows:
49.90 Assisting voter.
1. Any voter who may declare upon oath that the voter is
blind, cannot read the English language, or is, by reason of
any physical disability other than intoxication, unable to cast
a vote without assistance, shall, upon request, be assisted by
the two officers as provided in section 49.89 , or alternatively
by any other person the voter may select in casting the vote,
except that the voter shall not select a person standing for
election on the ballot. The officers, or the person selected
by the voter, shall cast the vote of the voter requiring
assistance, and shall thereafter give no information regarding
the vote cast. If any elector because of a disability cannot
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enter the building where the polling place for the elector’s
precinct of residence is located, the two officers shall take
a paper ballot to the vehicle occupied by the elector with
a disability and allow the elector to cast the ballot in
the vehicle. Ballots cast by voters with disabilities shall
be deposited in the regular ballot box, or inserted in the
tabulating device, and counted in the usual manner.
2. A person standing for election on the ballot before a
voter commits a violation of section 49.88 by occupying the
voting booth with the voter.
DIVISION VI
VOTER REGISTRATION DATABASE PILOT PROGRAM
Sec. 37. NEW SECTION . 47.7A Statewide voter registration
database verification pilot program.
1. A statewide voter registration database verification
pilot program is established within the office of the state
registrar as follows:
a. The state registrar shall contract with a third-party
vendor to develop or provide a program to allow the state
registrar to verify the status of records in the statewide
voter registration file and identify ineligible voters on an
ongoing basis.
b. During the first quarter of the calendar year 2025,
the state registrar shall utilize the program developed or
provided by the third-party vendor to verify the status of
records in the statewide voter registration file. The state
registrar shall forward the results of the analysis to each
county commissioner of registration prior to the date reports
are required to be submitted pursuant to section 48A.40.
c. The state registrar shall evaluate the efficacy and
cost of the pilot program as compared to the current method
of verifying the list of voters in the statewide voter
registration file.
2. This section is repealed December 31, 2027.
DIVISION VII
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COUNTY HOSPITAL BOARD OF TRUSTEES
Sec. 38. Section 347.9, subsection 3, Code 2024, is amended
by striking the subsection.
Sec. 39. TRANSITION. This division of this Act does not
alter the term of office of a trustee elected to a county
public hospital board of trustees prior to the effective date
of this division of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to duties of the secretary of state,
including the address confidentiality program and the conduct
of elections. The bill is organized in divisions.
DIVISION I —— ADDRESS CONFIDENTIALITY PROGRAM. This
division relates to the address confidentiality program, which
provides mail forwarding services to persons who are victims of
domestic abuse, domestic abuse assault, sexual abuse, assault,
stalking, or human trafficking, or who fear for their own
safety or the safety of a household member. The bill allows
the secretary of state to accept as a program participant’s
mailing address the name and other contact information of
a shelter in lieu of the shelter’s physical address, to
cancel a deceased participant’s certification, and to hold a
participant’s mail for up to 30 days at the request of the
participant.
DIVISION II —— CANDIDATE ELIGIBILITY OBJECTIONS. This
division relates to the nomination of candidates for federal
office. The bill exempts candidates for federal office from
the requirement that a candidate sign a statement that the
candidate is aware that the candidate is disqualified from
holding office if the candidate has been convicted of a felony
or other infamous crime and the candidate’s rights have not
been restored by the governor or by the president of the United
States. The bill limits objections to the eligibility of a
candidate for a federal office that may be filed with the
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state commissioner of elections to objections to the legal
sufficiency of the nomination petition or certificate of
election, or to the residency, age, or citizenship requirements
as described in the United States Constitution. With
respect to nominations for president or vice president of the
United States, the bill allows objections only to the legal
sufficiency of the certificate of nomination. The certificate
of nomination shall be presumed valid.
DIVISION III —— RANKED CHOICE VOTING. This division relates
to the use of ranked choice and instant runoff voting for
elections in this state. The bill prohibits ranked choice and
instant runoff voting, defined in the bill as a system in which
voters rank multiple candidates for a single office in order of
preference and candidates are eliminated and votes transferred
between candidates in a series of rounds, from being used to
cast or tabulate ballots in any election in this state.
DIVISION IV —— ABSENT VOTERS. This division relates to
the casting of ballots by absent voters. The bill strikes
provisions allowing a county commissioner of elections to
establish drop boxes to which a person can return an absentee
ballot.
The bill requires an absentee ballot that is mailed to a
voter to be enclosed in an unsealed affidavit envelope and with
or in an unsealed return envelope, which shall then be enclosed
in the delivery envelope. If the ballot cannot be folded so
that all the votes on the ballot will be hidden, the bill
requires the commissioner to also send a secrecy envelope. The
bill requires a registered voter to subscribe to an affidavit
on an affidavit envelope by signing the envelope and writing
the voter’s voter verification number. The bill also requires
return envelopes to have printed on them the deadline to return
the ballot and the manner to track the status of the ballot.
The bill strikes a requirement that an affidavit envelope
be considered to contain a defect if it appears to the county
commissioner of elections that it was signed by a person other
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than the voter. The bill adds a requirement that an affidavit
envelope be considered to contain a defect if the voter
verification number on the envelope does not match the voter
verification number on file for the voter.
The bill repeals certain requirements regarding what
materials a commissioner shall include with an absentee ballot
and instead requires a commissioner to put the same serial
number on the affidavit, return, and delivery envelopes.
The bill requires all mailed absentee ballots to include an
affidavit envelope. The bill also requires the absentee and
special voters precinct board to reject an absentee ballot
if the affidavit envelope does not include the voter’s voter
verification number.
The bill changes the timeline for the mailing and return
of absentee ballots. The bill allows a county commissioner
of elections to mail absentee ballots to voters beginning 22
days before an election and requires absentee ballots to be
delivered to the office of the county commissioner of elections
by 5:00 p.m. on the day before election day. The bill also
requires the county commissioner of elections to record
the ballot as received by 11:59 p.m. on the day before the
election. Under current law, county commissioners of elections
may mail absentee ballots beginning 20 days before an election
and absentee ballots must be delivered to the office of the
county commissioner of elections not later than the time polls
close on election day.
DIVISION V —— PERSONS PERMITTED IN VOTING BOOTHS. This
division amends the subsection of Code section 49.88
(limitation on persons in booth and time for voting)
prohibiting a person standing for election on the ballot before
a voter from occupying the voting booth with the voter and
Code section 49.90 (assisting voter) to say that the candidate
violates Code section 49.88 by occupying the voting booth with
the voter.
DIVISION VI —— VOTER REGISTRATION DATABASE PILOT PROGRAM.
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This division requires the state registrar of voters to
contract with a third-party vendor to develop or provide a
program to allow the state registrar to verify the status of
records in the statewide voter registration file and identify
ineligible voters on an ongoing basis. During the first
quarter of 2025, the bill requires the state registrar of
voters to utilize the program developed or provided by the
third-party vendor to verify the status of records in the
statewide voter registration file. The state registrar shall
forward the results of the analysis to each county commissioner
of registration prior to the date that county commissioners
of registration are required to submit voter list maintenance
reports. The bill requires the state registrar of voters to
evaluate the efficacy and cost of the pilot program as compared
to the current method of maintaining the statewide voter
registration database. The pilot program is repealed effective
December 31, 2027.
DIVISION VII —— COUNTY HOSPITAL BOARD OF TRUSTEES. This
division strikes a provision setting the term length for
persons elected to a county hospital board of trustees in a
county with a population of at least 400,000 to six years,
returning the term length to four years. The bill does not
affect the term of office of a trustee elected to a county
public hospital board of trustees prior to July 1, 2024.
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