Bill Text: IA SSB1078 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the administration of elections, providing penalties, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-01-31 - Subcommittee: Smith, R., Chapman and Jochum. [SSB1078 Detail]
Download: Iowa-2019-SSB1078-Introduced.html
Senate
Study
Bill
1078
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
administration
of
elections,
providing
1
penalties,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
39.2,
subsection
4,
paragraph
b,
as
1
amended
by
2017
Iowa
Acts,
chapter
155,
section
13,
is
amended
2
to
read
as
follows:
3
b.
For
a
city,
in
the
odd-numbered
year,
the
first
4
Tuesday
in
March,
the
first
Tuesday
in
May,
the
first
Tuesday
5
in
August,
or
the
first
Tuesday
after
the
first
Monday
in
6
November.
For
a
city,
in
the
even-numbered
year,
the
first
7
Tuesday
in
March,
the
first
Tuesday
in
May,
or
the
first
8
Tuesday
in
August
,
or
the
first
Tuesday
in
December
.
9
Sec.
2.
Section
39.2,
subsection
4,
paragraph
c,
Code
2019,
10
is
amended
to
read
as
follows:
11
c.
For
a
school
district
or
merged
area,
in
the
odd-numbered
12
year,
the
first
Tuesday
in
February,
the
first
Tuesday
in
13
April,
the
last
Tuesday
in
June,
or
the
second
Tuesday
in
14
September.
For
a
school
district
or
merged
area,
in
the
15
even-numbered
year,
the
first
Tuesday
in
February,
the
first
16
Tuesday
in
April,
or
the
second
Tuesday
in
September
,
or
the
17
second
Tuesday
in
December
.
18
Sec.
3.
Section
39A.3,
subsection
1,
paragraph
a,
Code
2019,
19
is
amended
by
adding
the
following
new
subparagraph:
20
NEW
SUBPARAGRAPH
.
(5)
Falsely
or
fraudulently
signs
21
nomination
papers
on
behalf
of
another
person.
22
Sec.
4.
Section
39A.3,
subsection
1,
Code
2019,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
c.
Miscellaneous
offenses.
Uses
voter
25
registration
information,
including
resale
or
redistribution
26
of
the
voter
registration
list
without
written
permission
of
27
the
state
registrar,
for
purposes
other
than
those
permitted
28
by
section
48A.39.
29
Sec.
5.
Section
39A.4,
subsection
1,
paragraph
c,
30
subparagraph
(5),
Code
2019,
is
amended
by
striking
the
31
subparagraph.
32
Sec.
6.
Section
39A.6,
Code
2019,
is
amended
to
read
as
33
follows:
34
39A.6
Technical
infractions
——
notice.
35
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1.
If
the
state
commissioner
or
county
commissioner
becomes
1
aware
of
an
apparent
technical
violation
of
a
provision
of
2
chapters
39
through
53
,
the
state
commissioner
or
county
3
commissioner
may
administratively
provide
a
written
notice
4
and
letter
of
instruction
to
the
responsible
person
regarding
5
proper
compliance
procedures.
6
2.
If
the
state
commissioner
sends
a
notice
of
such
a
7
technical
infraction
to
a
county
commissioner,
the
state
8
commissioner
may
require
a
written
explanation
of
the
9
occurrence,
and
measures
that
the
person
took
to
redress
the
10
issues
contained
within
the
notice.
11
3.
This
notice
is
not
a
final
determination
of
facts
or
law
12
in
the
matter,
and
does
not
entitle
a
person
to
a
proceeding
13
under
chapter
17A
.
14
Sec.
7.
Section
43.14,
subsection
1,
Code
2019,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
g.
The
printed
name,
signature,
address,
17
and
phone
number
of
the
person
responsible
for
circulating
the
18
petition
page.
19
Sec.
8.
Section
43.14,
subsection
2,
Code
2019,
is
amended
20
to
read
as
follows:
21
2.
a.
Signatures
on
a
petition
page
shall
be
counted
only
22
if
the
information
required
in
subsection
1
is
written
or
23
printed
at
the
top
of
the
page.
24
b.
Nomination
papers
on
behalf
of
candidates
for
seats
in
25
the
general
assembly
need
only
designate
the
number
of
the
26
senatorial
or
representative
district,
as
appropriate,
and
27
not
the
county
or
counties,
in
which
the
candidate
and
the
28
petitioners
reside.
29
c.
A
signature
line
shall
not
be
counted
if
the
line
30
lacks
the
signature
of
the
eligible
elector
and
the
signer’s
31
residential
address
,
with
street
and
number,
if
any,
and
city.
32
A
signature
line
shall
not
be
counted
if
an
eligible
elector
33
supplies
only
a
partial
address
or
a
post
office
box
address,
34
or
if
the
signer’s
address
is
obviously
outside
the
boundaries
35
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of
the
district.
1
d.
A
signature
line
shall
not
be
counted
if
any
of
the
2
required
information
is
crossed
out
or
redacted
at
the
time
3
the
nomination
papers
are
filed
with
the
state
commissioner
or
4
commissioner.
5
Sec.
9.
Section
43.14,
subsection
4,
Code
2019,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
f.
Any
other
information
required
by
section
8
43.18.
9
Sec.
10.
Section
43.15,
subsection
2,
Code
2019,
is
amended
10
to
read
as
follows:
11
2.
Each
signer
shall
add
the
signer’s
residence
residential
12
address
,
with
street
and
number,
if
any,
and
the
date
of
13
signing.
14
Sec.
11.
Section
43.22,
unnumbered
paragraph
1,
Code
2019,
15
is
amended
to
read
as
follows:
16
The
state
commissioner
shall,
at
least
sixty-nine
days
17
before
a
primary
election,
or
as
soon
as
practicable
if
an
18
objection
under
section
43.24
is
pending,
furnish
to
the
19
commissioner
of
each
county
a
certificate
under
the
state
20
commissioner’s
hand
and
seal,
which
certificate
shall
show:
21
Sec.
12.
Section
43.24,
subsection
1,
paragraph
b,
22
subparagraphs
(1)
and
(2),
Code
2019,
are
amended
to
read
as
23
follows:
24
(1)
Those
filed
with
the
state
commissioner,
not
less
than
25
seventy-four
days
before
the
date
of
the
election
,
or
for
26
certificates
of
nomination
filed
under
section
43.23,
not
less
27
than
seventy
days
before
the
date
of
the
election
.
28
(2)
Those
filed
with
the
commissioner,
not
less
than
29
sixty-four
days
before
the
date
of
the
election
,
or
for
30
certificates
of
nomination
filed
under
section
43.23,
not
less
31
than
sixty-two
days
before
the
date
of
the
election
.
32
Sec.
13.
Section
45.5,
subsection
1,
Code
2019,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
f.
The
printed
name,
signature,
address,
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and
phone
number
of
the
person
responsible
for
circulating
the
1
petition
page.
2
Sec.
14.
Section
45.5,
subsection
2,
Code
2019,
is
amended
3
to
read
as
follows:
4
2.
a.
Signatures
on
a
petition
page
shall
be
counted
only
5
if
the
information
required
in
subsection
1
is
written
or
6
printed
at
the
top
of
the
page.
7
b.
Nomination
papers
on
behalf
of
candidates
for
seats
in
8
the
general
assembly
need
only
designate
the
number
of
the
9
senatorial
or
representative
district,
as
appropriate,
and
10
not
the
county
or
counties,
in
which
the
candidate
and
the
11
petitioners
reside.
12
c.
A
signature
line
in
a
nomination
petition
shall
not
be
13
counted
if
the
line
lacks
the
signature
of
the
eligible
elector
14
and
the
signer’s
residential
address
,
with
street
and
number,
15
if
any,
and
city.
A
signature
line
shall
not
be
counted
if
16
an
eligible
elector
supplies
only
a
partial
address
or
a
post
17
office
box
address,
or
if
the
signer’s
address
is
obviously
18
outside
the
boundaries
of
the
appropriate
ward,
city,
school
19
district
or
school
district
director
district,
legislative
20
district,
or
other
district.
21
d.
A
signature
line
shall
not
be
counted
if
any
of
the
22
required
information
is
crossed
out
or
redacted
at
the
time
23
the
nomination
papers
are
filed
with
the
state
commissioner
or
24
commissioner.
25
Sec.
15.
Section
45.6,
subsection
2,
Code
2019,
is
amended
26
to
read
as
follows:
27
2.
Each
signer
shall
add
the
signer’s
residence
residential
28
address
,
with
street
and
number
,
if
any,
and
city
.
29
Sec.
16.
Section
47.1,
subsection
6,
Code
2019,
is
amended
30
to
read
as
follows:
31
6.
The
state
commissioner
may,
at
the
state
commissioner’s
32
discretion,
examine
the
records
of
a
commissioner
to
evaluate
33
complaints
and
to
ensure
compliance
with
the
provisions
34
of
chapters
39
through
53
.
This
examination
shall
include
35
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assessments
conducted
or
authorized
by
private
or
government
1
entities
to
evaluate
a
county’s
security
readiness
for
2
elections-related
technology
or
physical
facilities.
The
state
3
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
to
4
require
a
commissioner
to
provide
written
explanations
related
5
to
examinations
conducted
pursuant
to
this
subsection
.
Any
6
information
that
is
requested
by
or
in
the
possession
of
the
7
state
commissioner
pursuant
to
this
chapter
shall
not
lose
its
8
confidential
status
pursuant
to
section
22.7,
subsection
50.
9
Sec.
17.
Section
47.1,
Code
2019,
is
amended
by
adding
the
10
following
new
subsections:
11
NEW
SUBSECTION
.
7.
The
state
commissioner
may
share
12
information
a
county
provides
to
an
appropriate
government
13
agency
to
safeguard
against
cybersecurity
or
physical
threats.
14
NEW
SUBSECTION
.
8.
The
state
commissioner
may
adopt
rules
15
pursuant
to
chapter
17A
to
create
minimum
security
protocols
16
applicable
to
county
commissioners
of
elections.
If
a
county
17
fails
to
adhere
to
these
protocols,
the
state
commissioner
may
18
limit
access
to
the
statewide
voter
registration
system.
19
Sec.
18.
Section
47.2,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
7.
The
county
commissioner
of
elections
22
shall,
to
maintain
election
security,
do
all
of
the
following:
23
a.
When
the
county
commissioner
believes
that
a
24
cybersecurity
incident
or
data
breach
has
occurred,
the
county
25
commissioner
shall
immediately
inform
the
state
commissioner
26
of
elections.
27
b.
If
the
county
commissioner
has
no
reason
to
believe
28
that
a
cybersecurity
incident
or
data
breach
has
occurred,
29
the
county
commissioner
shall
certify
that
fact
to
the
state
30
commissioner
on
an
annual
basis.
31
Sec.
19.
Section
47.7,
subsection
2,
paragraph
d,
Code
2019,
32
is
amended
to
read
as
follows:
33
d.
The
state
registrar
shall
prescribe
by
rule
the
34
procedures
for
access
to
the
state
voter
registration
file,
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security
requirements,
and
access
protocols
for
adding,
1
changing,
or
deleting
information
from
the
state
voter
2
registration
file
including
all
of
the
following:
3
(1)
Access
protocols
for
adding,
changing,
or
deleting
4
information
from
the
state
voter
registration
file.
5
(2)
Training
requirements
for
all
state
voter
registration
6
file
users.
7
(3)
Technology
safeguards,
including
county
information
8
technology
network
requirements,
necessary
to
access
the
state
9
voter
registration
file.
10
(4)
Breach
incident
response
requirements
and
protocols
on
11
all
matters
related
to
elections
.
12
Sec.
20.
Section
47.7,
subsection
2,
Code
2019,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
e.
The
state
registrar
may
rescind
access
to
15
the
statewide
voter
registration
file
from
a
user
who
is
not
in
16
compliance
with
the
prescribed
rules.
17
Sec.
21.
Section
48A.9,
subsection
4,
Code
2019,
is
amended
18
to
read
as
follows:
19
4.
Registration
forms
submitted
to
voter
registration
20
agencies,
to
motor
vehicle
driver’s
license
stations,
and
to
21
county
treasurer’s
offices
participating
in
county
issuance
of
22
driver’s
licenses
under
chapter
321M
shall
be
considered
on
23
time
if
they
are
received
no
later
than
5:00
11:59
p.m.
on
the
24
day
registration
closes
for
that
election.
Offices
or
agencies
25
other
than
the
county
commissioner’s
office
are
not
required
26
to
be
open
for
voter
registration
purposes
at
times
other
than
27
their
usual
office
hours.
28
Sec.
22.
Section
48A.26,
subsection
1,
Code
2019,
is
amended
29
to
read
as
follows:
30
1.
a.
Except
as
otherwise
provided
in
paragraph
paragraphs
31
“b”
and
“c”
of
this
subsection
,
or
section
48A.26A,
within
seven
32
working
days
of
receipt
of
a
voter
registration
form
or
change
33
of
information
in
a
voter
registration
record
the
commissioner
34
shall
send
an
acknowledgment
to
the
registrant
at
the
mailing
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address
shown
on
the
registration
form.
The
acknowledgment
1
shall
be
sent
by
nonforwardable
mail.
2
b.
For
a
voter
registration
form
or
change
of
information
3
in
a
voter
registration
record
submitted
at
a
precinct
caucus,
4
the
commissioner
shall
send
an
acknowledgment
within
forty-five
5
days
of
receipt
of
the
form
or
change
of
information.
6
c.
For
a
voter
registration
form
or
change
of
information
in
7
a
voter
registration
record
submitted
within
fourteen
days
of
a
8
regularly
scheduled
election,
the
commissioner
shall
send
an
9
acknowledgment
within
forty-eight
hours
of
receipt
of
the
form
10
or
change
of
information.
11
Sec.
23.
Section
49.11,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4.
Notice
of
changes
made
pursuant
to
14
subsection
3
shall
be
reported
to
the
state
commissioner
at
15
least
twenty-five
days
before
the
next
election
in
which
the
16
temporary
precinct
will
be
active,
or,
for
elections
held
17
pursuant
to
section
69.14
while
the
general
assembly
is
in
18
session
or
within
forty-five
days
of
the
convening
of
a
session
19
of
the
general
assembly,
at
least
ten
days
before
election
day.
20
Sec.
24.
Section
49.31,
subsection
1,
paragraph
a,
Code
21
2019,
is
amended
to
read
as
follows:
22
a.
All
ballots
shall
be
arranged
with
the
names
of
23
candidates
for
each
office
listed
below
the
office
title.
24
For
partisan
elections
the
name
of
the
political
party
or
25
organization
which
nominated
each
candidate
shall
be
listed
26
after
or
below
each
candidate’s
name.
The
state
commissioner
27
may
prescribe,
and
a
county
commissioner
may
use,
uniform
28
abbreviations
for
political
parties
and
organizations.
29
Sec.
25.
Section
49.57,
subsection
2,
Code
2019,
is
amended
30
to
read
as
follows:
31
2.
After
the
name
of
each
candidate
for
a
partisan
office
32
the
name
of
the
candidate’s
political
party
shall
be
printed
33
in
at
least
six
point
type.
The
names
of
political
parties
34
and
nonparty
political
organizations
may
be
abbreviated
on
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the
remainder
of
the
ballot
if
both
the
full
name
and
the
1
abbreviation
appear
in
the
voter
instruction
area
of
the
2
ballot.
3
Sec.
26.
Section
50.51,
subsection
6,
Code
2019,
is
amended
4
to
read
as
follows:
5
6.
The
state
commissioner
shall
adopt
rules,
pursuant
6
to
chapter
17A
,
to
implement
this
section
,
which
may
include
7
the
establishment
of
pilot
programs
related
to
post-election
8
audits
.
9
Sec.
27.
NEW
SECTION
.
53.1A
Rules.
10
The
state
commissioner
shall
adopt
rules
pursuant
to
chapter
11
17A
for
the
implementation
of
this
chapter.
12
Sec.
28.
Section
53.8,
subsection
1,
paragraph
a,
13
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
14
follows:
15
Upon
receipt
of
an
application
for
an
absentee
ballot
16
and
immediately
after
the
absentee
ballots
are
printed,
17
but
not
more
than
twenty-nine
days
before
the
election,
the
18
commissioner
shall
mail
an
absentee
ballot
to
the
applicant
19
within
twenty-four
hours,
except
as
otherwise
provided
in
20
subsection
3
.
When
the
United
States
post
office
is
closed
21
in
observance
of
a
federal
holiday
and
is
not
delivering
mail
22
on
the
twenty-ninth
day
before
the
election,
the
first
day
to
23
mail
absentee
ballots
is
the
next
business
day
on
which
mail
24
delivery
is
available.
The
absentee
ballot
shall
be
sent
to
25
the
registered
voter
by
one
of
the
following
methods:
26
Sec.
29.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
27
immediate
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
administration
of
elections.
32
The
bill
eliminates
the
second
Tuesday
in
December
as
a
33
possible
date
for
a
special
election
on
a
public
measure
in
34
a
school
district
or
merged
area
in
an
even-numbered
year.
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The
bill
also
eliminates
the
first
Tuesday
in
December
as
a
1
possible
date
for
a
special
election
on
a
public
measure
in
a
2
city
in
an
even-numbered
year.
3
The
bill
makes
the
false
or
fraudulent
signing
of
nomination
4
papers
on
behalf
of
another
person
and
the
misuse
of
voter
5
registration
information
election
misconduct
in
the
second
6
degree.
Under
current
law,
misuse
of
voter
registration
7
information
is
election
misconduct
in
the
third
degree.
A
8
person
who
commits
election
misconduct
in
the
second
degree
is
9
guilty
of
an
aggravated
misdemeanor.
An
aggravated
misdemeanor
10
is
punishable
by
confinement
for
no
more
than
two
years
and
a
11
fine
of
at
least
$625
but
not
more
than
$6,250.
12
The
bill
permits
the
state
commissioner
of
elections
to
13
require
a
written
explanation
from
a
county
commissioner
who
14
has
been
issued
a
notice
of
technical
infraction.
Such
an
15
explanation
must
contain
measures
the
county
commissioner
took
16
to
redress
the
issues
in
the
notice.
17
The
bill
requires
a
person
circulating
a
petition
for
18
nomination
to
include
that
person’s
name,
signature,
address,
19
and
phone
number.
The
bill
also
specifies
that
a
signature
20
line
must
contain
a
signer’s
residential
address.
The
bill
21
prohibits
a
signature
line
from
being
counted
if
the
signature
22
line
contains
a
partial
address
or
a
post
office
box
address,
23
or
if
any
of
the
required
information
is
crossed
out
or
24
redacted
at
the
time
of
filing.
The
bill
requires
nomination
25
papers
to
be
rejected
if
they
do
not
contain
information
26
required
by
Code
section
43.18
(affidavit
of
candidacy).
27
The
bill
requires
the
state
commissioner
to
issue
a
28
certificate
of
nomination
to
each
county
commissioner
as
soon
29
as
is
practicable
if
a
challenge
to
the
nomination
pursuant
30
to
section
43.24
is
pending.
Current
law
requires
the
state
31
commissioner
to
issue
such
a
certificate
at
least
69
days
32
before
a
primary
election.
33
The
bill
permits
objections
to
be
filed
to
certificates
of
34
nomination
for
candidates
to
replace
candidates
who
have
died
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or
withdrawn
their
nomination.
1
The
bill
permits
the
state
commissioner
to
examine
election
2
security
assessments
conducted
or
authorized
by
government
or
3
private
entities.
Such
information
retains
its
confidential
4
status.
The
bill
also
permits
the
state
commissioner
to
share
5
information
provided
by
a
county
to
an
appropriate
government
6
agency
to
safeguard
against
cybersecurity
or
physical
threats
7
and
to
adopt
rules
for
minimum
security
standards
to
which
8
county
commissioners
must
adhere.
The
state
commissioner
may
9
limit
access
to
the
statewide
voter
registration
system
if
a
10
county
commissioner
fails
to
meet
these
standards.
11
The
bill
requires
a
county
commissioner
of
elections
12
to
report
to
the
state
commissioner
of
elections
when
the
13
county
commissioner
believes
that
a
cybersecurity
incident
or
14
data
breach
has
occurred.
The
bill
also
requires
a
county
15
commissioner
to
report
to
the
state
commissioner
on
an
annual
16
basis
if
the
county
commissioner
has
no
reason
to
believe
that
17
a
cybersecurity
incident
or
data
breach
has
occurred.
18
The
bill
requires
the
state
registrar
of
voters
to
adopt
19
rules
regarding
access
to
the
statewide
voter
registration
20
system
and
training
requirements,
technology
safeguards,
and
21
breach
incident
response
requirements.
22
The
bill
extends
the
deadline
by
which
voter
registration
23
forms
must
be
submitted
to
voter
registration
agencies,
motor
24
vehicle
driver’s
license
stations,
and
county
treasurer’s
25
offices
participating
in
county
issuance
of
driver’s
licenses
26
from
5:00
p.m.
to
11:59
p.m.
on
the
day
registration
closes
for
27
an
election.
28
The
bill
changes
the
time
frame
for
the
state
commissioner
29
of
elections
to
send
an
acknowledgment
of
receipt
of
a
voter
30
registration
form
or
change
of
information,
if
that
form
was
31
submitted
within
14
days
of
a
regularly
scheduled
election,
32
from
within
7
days
to
within
48
hours.
33
The
bill
requires
county
commissioners
of
elections
to
34
report
temporary
combinations
of
precincts
to
the
state
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commissioner
of
elections
at
least
25
days
before
the
next
1
election
for
which
the
precinct
will
be
active,
or
at
least
10
2
days
prior
to
an
election
held
pursuant
to
section
69.14.
3
The
bill
allows
the
state
commissioner
of
elections
to
4
prescribe,
and
county
commissioners
of
elections
to
place
5
on
ballots,
uniform
abbreviations
for
political
parties
and
6
organizations.
The
bill
allows
abbreviations
for
the
names
of
7
political
parties
and
organizations
to
be
used
on
the
remainder
8
of
the
ballot
if
the
full
name
and
abbreviation
appear
in
the
9
voter
instruction
portion
of
the
ballot.
10
The
bill
allows
the
state
commissioner
of
elections
to
adopt
11
rules
to
establish
pilot
programs
related
to
post-election
12
audits.
13
The
bill
requires
the
state
commissioner
of
elections
to
14
adopt
rules
for
the
implementation
of
the
absentee
voting
15
system.
16
The
bill
moves
the
first
day
to
mail
absentee
ballots
to
17
the
first
business
day
on
which
mail
delivery
is
available
18
following
the
29th
day
before
an
election
in
the
event
that
the
19
United
States
post
office
is
closed
and
not
delivering
mail
on
20
the
29th
day
before
an
election.
21
The
bill
takes
effect
upon
enactment.
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