Iowa 2023-2024 Regular Session

Iowa House Bill HF2610 Latest Draft

Bill / Amended Version Filed 03/05/2024

                            House File 2610 - Reprinted   HOUSE FILE 2610   BY COMMITTEE ON STATE   GOVERNMENT   (SUCCESSOR TO HSB 697)   (COMPANION TO LSB 6288SV BY   COMMITTEE ON STATE GOVERNMENT)   (As Amended and Passed by the House March 5, 2024 )   A BILL FOR   An Act relating to the duties of the secretary of state, 1   including the address confidentiality program and the 2   conduct of elections, and including effective date 3   provisions. 4   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5   HF 2610 (3) 90   ss/ns/md  

  H.F. 2610   DIVISION I 1   ADDRESS CONFIDENTIALITY PROGRAM 2   Section 1. Section 9E.3, subsection 1, paragraphs e and f, 3   Code 2024, are amended to read as follows: 4   e. The residential address of the eligible person, 5   disclosure of which could lead to an increased risk of domestic 6   abuse, domestic abuse assault, sexual abuse, assault, stalking, 7   or human trafficking. If the eligible persons residential   8   address is a shelter known to the program, the applicant may   9   provide the shelters name and other contact information in 10   lieu of the shelters physical address.   11   f. If mail cannot be delivered to the residential address of 12   the eligible person, the address to which mail can be sent to 13   the eligible person. If the eligible persons mailing address   14   is a shelter known to the program, the applicant may provide 15   the shelters name and other contact information in lieu of the 16   shelters physical address. 17   Sec. 2. Section 9E.4, subsection 2, Code 2024, is amended 18   to read as follows: 19   2. The secretary shall cancel a program participants 20   certification if the   for any of the following reasons: 21   a. The program participants application contains false 22   information. 23   b.   The secretary receives information from a reliable source 24   that the program participant has died. 25   Sec. 3. Section 9E.5, subsection 3, Code 2024, is amended 26   to read as follows:   27   3. The secretary shall forward all mail sent to the 28   designated address to the program participant. At the request   29   of the program participant, the secretary may hold the program   30   participants mail for up to thirty days.   31   Sec. 4. EFFECTIVE DATE. This division of this Act, being 32   deemed of immediate importance, takes effect upon enactment. 33   DIVISION II   34   CANDIDATE ELIGIBILITY OBJECTIONS   35   -1-   HF 2610 (3) 90   ss/ns/md 1/ 16                      

  H.F. 2610   Sec. 5. Section 43.18, subsection 9, Code 2024, is amended 1   to read as follows: 2   9. A   For a candidate for an office other than a federal 3   office, a statement that the candidate is aware that the 4   candidate is disqualified from holding office if the candidate 5   has been convicted of a felony or other infamous crime and the 6   candidates rights have not been restored by the governor or by 7   the president of the United States. 8   Sec. 6. Section 43.24, subsection 1, Code 2024, is amended 9   by adding the following new paragraph: 10   NEW PARAGRAPH   . c. Objections to the eligibility of a 11   candidate for a federal office shall not be sustained unless 12   the objection is limited to the legal sufficiency of the 13   nomination petition or certificate of nomination, or to the 14   residency, age, or citizenship requirements as described in the 15   Constitution of the United States. 16   Sec. 7. Section 44.3, subsection 2, paragraph i, Code 2024, 17   is amended to read as follows: 18   i. A   For a candidate for an office other than a federal 19   office, a statement that the candidate is aware that the 20   candidate is disqualified from holding office if the candidate 21   has been convicted of a felony or other infamous crime and the 22   candidates rights have not been restored by the governor or by 23   the president of the United States. 24   Sec. 8. Section 44.6, Code 2024, is amended to read as 25   follows: 26   44.6 Hearing before state commissioner. 27   Objections filed with the state commissioner shall be 28   considered by the secretary of state and auditor of state and 29   attorney general, and a majority decision shall be final. 30   However, if the objection is to the certificate of nomination 31   of one or more of the above named officers, the officer or   32   officers objected to shall not pass upon the objection, but 33   their places shall be filled, respectively, by the treasurer 34   of state, the governor, and the secretary of agriculture. 35   -2-   HF 2610 (3) 90   ss/ns/md 2/ 16         

  H.F. 2610   Objections relating to incorrect or incomplete information 1   for information that is required under section 44.3 shall be 2   sustained. Objections to the eligibility of a candidate for   3   a federal office shall not be sustained unless the objection 4   is limited to the legal sufficiency of the nomination petition   5   or certificate of nomination, or to the residency, age, or   6   citizenship requirements as described in the Constitution of 7   the United States. 8   Sec. 9. Section 45.3, subsection 9, Code 2024, is amended 9   to read as follows: 10   9. A   For a candidate for an office other than a federal 11   office, a statement that the candidate is aware that the 12   candidate is disqualified from holding office if the candidate 13   has been convicted of a felony or other infamous crime and the 14   candidates rights have not been restored by the governor or by 15   the president of the United States. 16   Sec. 10. Section 54.5, Code 2024, is amended by adding the 17   following new subsection: 18   NEW SUBSECTION   . 5. An objection to a nomination made under 19   this section on any grounds other than the legal sufficiency 20   of the certificate of nomination shall not be sustained. The 21   certificate of nomination shall be presumed valid. 22   Sec. 11. EFFECTIVE DATE. This division of this Act, being 23   deemed of immediate importance, takes effect upon enactment. 24   DIVISION III 25   RANKED CHOICE VOTING 26   Sec. 12. Section 49.93, Code 2024, is amended to read as   27   follows: 28   49.93 Number of votes for each office.   29   1.   For an office to which one person is to be elected, a 30   voter shall not vote for more than one candidate. If two or 31   more persons are to be elected to an office, the voter shall 32   vote for no more than the number of persons to be elected. If a 33   person votes for more than the permitted number of candidates, 34   the vote for that office shall not count. Valid votes cast on 35   -3-   HF 2610 (3) 90   ss/ns/md 3/ 16             

  H.F. 2610   the rest of the ballot shall be counted. 1   2.   a. An election in this state shall not be conducted 2   using ranked choice voting or instant runoff voting. 3   b. For the purposes of this section, ranked choice voting 4   or   instant runoff voting means a method of casting and 5   tabulating votes in which a voter ranks candidates in order of   6   preference, tabulation of ballots proceeds in rounds such that 7   in each round either a candidate is elected or the candidate 8   receiving the fewest votes is defeated, votes are transferred   9   from elected or defeated candidates to a voters next-ranked 10   candidate in order of preference, and tabulation ends when a   11   candidate receives the majority of votes cast or the number of 12   candidates elected equals the number of offices to be filled, 13   as applicable.   14   Sec. 13. EFFECTIVE DATE. This division of this Act takes 15   effect January 1, 2025. 16   DIVISION IV 17   ABSENT VOTERS 18   Sec. 14. Section 39A.4, subsection 1, paragraph c, 19   subparagraphs (10) and (11), Code 2024, are amended to read as 20   follows: 21   (10) Returning a voted absentee ballot by mail , to a ballot   22   drop box,   or in person , to the commissioners office and the 23   person returning the ballot is a person prohibited to collect 24   and deliver a completed ballot pursuant to section 53.33 . 25   (11) Making a false or untrue statement reporting that 26   a voted absentee ballot was returned to the commissioners   27   office, by mail or in person, or to a ballot drop box,   by a 28   person prohibited to collect and deliver a completed ballot 29   pursuant to section 53.33 . 30   Sec. 15. NEW SECTION   . 53.1B Definitions.   31   For purposes of this subchapter, unless the context 32   otherwise requires: 33   1. Affidavit envelope means an envelope that includes 34   a serial number and bears on the back an affidavit for a   35   -4-   HF 2610 (3) 90   ss/ns/md 4/ 16                             

  H.F. 2610   registered voter to mark the registered voters signature and 1   voter verification number in a form prescribed by the state 2   commissioner. 3   2. Delivery envelope means an envelope that bears on its 4   face the name and address of the registered voter requesting an 5   absentee ballot, the words county commissioner of elections, 6   the address of the commissioners office, and the same serial 7   number that appears on the affidavit envelope and return 8   envelope. 9   3. Return envelope means an envelope that is addressed 10   to the commissioners office, bears appropriate return postage 11   or a postal permit guaranteeing that the commissioner will pay 12   the return postage, and includes the same serial number as the 13   affidavit envelope and delivery envelope. 14   4. Secrecy envelope means an envelope, folder, or sleeve 15   that hides all votes on a ballot when folded. 16   Sec. 16. Section 53.4, subsection 1, paragraph c, 17   subparagraph (2), Code 2024, is amended by striking the 18   subparagraph. 19   Sec. 17. Section 53.8, subsection 1, Code 2024, is amended 20   to read as follows: 21   1. a. Upon receipt of an application for an absentee ballot 22   and immediately after the absentee ballots are printed, but 23   not more than twenty   twenty-two days before the election, the 24   commissioner shall mail an absentee ballot to the applicant 25   within twenty-four hours, except as otherwise provided in 26   subsection 3 . The absentee ballot shall be sent to the 27   registered voter by one of the following methods: enclosed 28   in an unsealed affidavit envelope. The absentee ballot and 29   affidavit envelope shall be enclosed in or with an unsealed   30   return envelope. The absentee ballot, affidavit envelope, and 31   return envelope shall be enclosed in the delivery envelope. If   32   the ballot cannot be folded so that all the votes on the ballot   33   will be hidden, the commissioner shall also enclose a secrecy   34   envelope with the absentee ballot. 35   -5-   HF 2610 (3) 90   ss/ns/md 5/ 16              

  H.F. 2610   (1) The absentee ballot shall be enclosed in an unsealed 1   envelope marked with a serial number and affidavit. The   2   absentee ballot and affidavit envelope shall be enclosed in 3   or with an unsealed return envelope marked postage paid which 4   bears the same serial number as the affidavit envelope. The   5   absentee ballot, affidavit envelope, and return envelope shall   6   be enclosed in a third envelope to be sent to the registered 7   voter. If the ballot cannot be folded so that all of the votes 8   cast on the ballot will be hidden, the commissioner shall also   9   enclose a secrecy envelope with the absentee ballot. 10   (2)   The absentee ballot shall be enclosed in an unsealed 11   return envelope marked with a serial number and affidavit 12   and marked postage paid. The absentee ballot and return 13   envelope shall be enclosed in a second envelope to be sent   14   to the registered voter. If the ballot cannot be folded so 15   that all of the votes cast on the ballot will be hidden, the 16   commissioner shall also enclose a secrecy envelope with the 17   absentee ballot.   18   b. The affidavit shall be marked on the appropriate envelope   19   in a form prescribed by the state commissioner of elections 20   registered voter requesting and receiving an absentee ballot   21   shall subscribe to the affidavit by signing and marking the 22   registered voters voter verification number on the affidavit   23   envelope . 24   c. All domestic return envelope flaps or backs shall also 25   be printed or stamped with a notice of the deadline to return a 26   completed absentee ballot and the manner to track the status of 27   the ballot in a form prescribed by the state commissioner. 28   c. d. For envelopes mailed at any election other than the 29   primary election, the commissioner shall not mark any envelope 30   with any information related to the party affiliation of the 31   applicant. 32   Sec. 18. Section 53.8, subsection 2, paragraph a, Code 2024, 33   is amended to read as follows:   34   a. The commissioner shall enclose with the absentee ballot   35   -6-   HF 2610 (3) 90   ss/ns/md 6/ 16                                      

  H.F. 2610   a statement informing the applicant that the sealed return 1   envelope may be mailed to the commissioner by the registered 2   voter or a person not prohibited to collect and deliver a 3   completed ballot pursuant to section 53.33 , may be returned to   4   a drop box established by the commissioner pursuant to   section 5   53.17, subsection 1   , by the registered voter or a person not 6   prohibited to collect and deliver a completed ballot pursuant 7   to section 53.33 , only if the commissioner has established 8   such a drop box,   or may be personally delivered to the 9   commissioners office by the registered voter or a person not 10   prohibited to collect and deliver a completed ballot pursuant 11   to section 53.33 . The statement shall also inform the voter 12   that the voter may request that the person not prohibited to 13   collect and deliver a completed ballot pursuant to section 14   53.33 complete a receipt when retrieving the ballot from the 15   voter. A blank receipt shall be enclosed with the absentee 16   ballot. 17   Sec. 19. Section 53.10, subsection 2, paragraph a, Code 18   2024, is amended to read as follows: 19   a. Each person who wishes to vote by absentee ballot at 20   the commissioners office shall first sign an application for 21   a ballot including the following information: name, current 22   address, voter verification number, and the election for which 23   the ballot is requested. The person may report a change of 24   address or other information on the persons voter registration 25   record at that time. Prior to furnishing a ballot, the 26   commissioner shall verify the persons identity as provided 27   in section 49.78 . The registered voter shall immediately 28   mark the ballot; enclose the ballot in a secrecy envelope, 29   if necessary, and seal it   the ballot in the envelope marked 30   with the affidavit envelope ; subscribe to the affidavit on 31   the reverse side of the envelope   by signing and marking the 32   registered voters voter verification number ; and return the 33   sealed affidavit envelope containing the   absentee ballot to 34   the commissioner. The commissioner shall record the numbers 35   -7-   HF 2610 (3) 90   ss/ns/md 7/ 16                      

  H.F. 2610   appearing on the application and affidavit envelope along with 1   the name of the registered voter. 2   Sec. 20. Section 53.12, Code 2024, is amended by striking 3   the section and inserting in lieu thereof the following: 4   53.12 Duty of commissioner. 5   The commissioner shall affix to the application the same 6   serial number that appears on the affidavit envelope, return 7   envelope, and delivery envelope. 8   Sec. 21. Section 53.16, Code 2024, is amended by striking 9   the section and inserting in lieu thereof the following: 10   53.16 Subscribing to affidavit. 11   After marking the ballot, the voter shall enclose the ballot 12   in a secrecy envelope, if necessary, and seal the ballot in 13   the affidavit envelope; subscribe to the affidavit by signing 14   and marking the registered voters voter verification number; 15   place the sealed affidavit envelope in the return envelope; and 16   securely seal the return envelope. 17   Sec. 22. Section 53.17, subsection 1, unnumbered paragraph 18   1, Code 2024, is amended to read as follows: 19   If the commissioner mailed the ballot pursuant to   section 20   53.8, subsection 1   , paragraph a , subparagraph (1), the sealed 21   envelope bearing the voters affidavit and containing the 22   absentee ballot shall be enclosed in a return envelope which   23   shall be securely sealed. If the commissioner mailed the 24   ballot pursuant to section 53.8, subsection 1 , paragraph a , 25   subparagraph (2), the absentee ballot shall be enclosed in the 26   return envelope which shall be securely sealed. The sealed 27   return envelope shall be returned to the commissioner by one of 28   the following methods: 29   Sec. 23. Section 53.17, subsection 1, paragraph a, Code 30   2024, is amended to read as follows: 31   a. The sealed return envelope may be delivered by the 32   registered voter, by the voters designee, or by the special 33   precinct election officials designated pursuant to section 34   53.22, subsection 2 , to the commissioners office no later 35   -8-   HF 2610 (3) 90   ss/ns/md 8/ 16                  

  H.F. 2610   than the time the polls are closed 5:00 p.m. on the day before 1   election day. However, if delivered by the voters designee, 2   the envelope shall be delivered within seventy-two hours of 3   retrieving it from the voter or by 5:00 p.m. on the day   before 4   the closing of the polls on   election day, whichever is earlier. 5   Sec. 24. Section 53.17, subsection 1, paragraph c, Code 6   2024, is amended by striking the paragraph. 7   Sec. 25. Section 53.17, subsection 2, Code 2024, is amended 8   to read as follows: 9   2. In order for the ballot to be counted, the return 10   envelope must be received in the commissioners office by 5:00   11   p.m. on the day before the polls close on election day and 12   recorded as received by the commissioner by 11:59 p.m. on the 13   day before election day   . 14   Sec. 26. Section 53.17, subsection 4, paragraph f, Code 15   2024, is amended to read as follows: 16   f. A statement that the completed absentee ballot will be 17   delivered to the commissioners office within seventy-two hours 18   of retrieving it from the voter or by the close of business   19   on the day before the closing of the polls on election day, 20   whichever is earlier, or that the completed absentee ballot 21   will be mailed to the commissioner within seventy-two hours of 22   retrieving it from the voter. 23   Sec. 27. Section 53.17A, subsection 3, paragraph a, Code 24   2024, is amended to read as follows: 25   a. An absentee ballot received after the polls close   26   close of business on the day before election day but prior 27   to the official canvass shall be counted if the commissioner   28   determines that the ballot entered the federal mail system by 29   the deadline specified in section 53.17 or 53.22 . The date of 30   entry of such an absentee ballot into the federal mail system 31   shall only be verified as provided in paragraph b . 32   Sec. 28. Section 53.18, subsections 2 and 3, Code 2024, are   33   amended to read as follows: 34   2. If the commissioner receives the return envelope 35   -9-   HF 2610 (3) 90   ss/ns/md 9/ 16                   

  H.F. 2610   containing the completed absentee ballot by 5:00 p.m. on the 1   Saturday before the election for general elections and by 5:00 2   p.m. on the Friday before the election for all other elections, 3   the commissioner shall review the affidavit marked on the   4   return envelope, if applicable, for completeness or shall open   5   the return envelope to review the affidavit for completeness   6   open the return envelope, if applicable, and review the 7   affidavit marked on the affidavit envelope for completeness . 8   If the affidavit lacks the signature or voter verification   9   number of the registered voter, the commissioner shall, within 10   twenty-four hours of the receipt of the envelope, notify the 11   voter of the deficiency and inform the voter that the voter may 12   vote a replacement ballot as provided in subsection 3 , cast a 13   ballot as provided in section 53.19, subsection 3 , or complete 14   the affidavit in person at the office of the commissioner not 15   later than the time polls close on election day. 16   3. If the affidavit envelope or the return envelope marked   17   with the affidavit   contains a defect that would cause the 18   absentee ballot to be rejected by the absentee and special 19   voters precinct board, the commissioner shall immediately 20   notify the voter of that fact and that the voters absentee 21   ballot shall not be counted unless the voter requests and 22   returns a replacement ballot in the time permitted under 23   section 53.17, subsection 2 . For the purposes of this section , 24   a return   an affidavit envelope marked with the affidavit 25   shall be considered to contain a defect if it appears to 26   the commissioner that the signature on the envelope has been 27   signed by someone other than the registered voter, in comparing 28   the signature on the envelope to the signature on record of 29   the registered voter named on the envelope. A signature or   30   marking made in accordance with section 39.3, subsection 31   17   , shall not be considered a defect for purposes of this 32   section the voter verification number provided does not match 33   the voter verification number associated with the voters   34   voter registration . The voter may request a replacement 35   -10-   HF 2610 (3) 90   ss/ns/md 10/ 16                            

  H.F. 2610   ballot in person, in writing, or over the telephone. The 1   same serial number that was assigned to the records of the 2   original absentee ballot application shall be used on the 3   envelope   envelopes and records of the replacement ballot. The 4   affidavit   envelope marked with the affidavit and containing 5   the completed replacement ballot shall be marked Replacement 6   ballot. The affidavit   envelope marked with the affidavit and 7   containing the original ballot shall be marked Defective and 8   the   Defective. The replacement ballot shall be attached to 9   such the affidavit envelope containing the original ballot and 10   shall be stored in a secure place until they are delivered to 11   the absentee and special voters precinct board, notwithstanding 12   sections 53.26 and 53.27 . 13   Sec. 29. Section 53.19, subsection 1, Code 2024, is amended 14   to read as follows: 15   1. The commissioner shall maintain a list of the absentee 16   ballots provided to registered voters, the serial number 17   appearing on the unsealed envelope, the date the application 18   for the absentee ballot was received, the date the absentee 19   ballot was sent to the registered voter requesting the absentee 20   ballot, the date the absentee ballot was received by the 21   commissioner, the date the absentee ballot outer envelope was 22   opened, and whether the ballot was delivered by mail ,   or in 23   person, to a ballot drop box, or cast in person at a satellite 24   location. The information under this subsection shall be 25   reported separately at the same time as the information 26   reported under section 53.30, subsection 3 . 27   Sec. 30. Section 53.21, subsection 2, paragraph b, Code 28   2024, is amended to read as follows: 29   b. The voter shall enclose one copy of the above statement 30   in the return envelope along with the affidavit envelope, if   31   the voter was mailed a separate affidavit envelope,   and shall 32   retain a copy for the voters records. 33   Sec. 31. Section 53.23, subsection 3, paragraph b, 34   subparagraph (1), Code 2024, is amended to read as follows: 35   -11-   HF 2610 (3) 90   ss/ns/md 11/ 16                  

  H.F. 2610   (1) The commissioner may direct the board to meet on the day 1   before the election for the purpose of reviewing the absentee 2   voters affidavits appearing on the sealed envelopes. If in 3   the commissioners judgment this procedure is necessary due 4   to the number of absentee ballots received, the members of 5   the board may open the sealed affidavit envelopes and remove 6   the secrecy envelope containing the ballot, but under no 7   circumstances shall a secrecy envelope or a return   an affidavit 8   envelope marked with an affidavit   be opened before the board 9   convenes on election day, except as provided in paragraph 10   c . If the affidavit envelopes are opened before election 11   day pursuant to this paragraph b , the observers appointed 12   by each political party, as defined in section 43.2 , shall 13   witness the proceedings. Each political party may appoint up 14   to five observers under this paragraph b . The observers 15   shall be appointed by the county chairperson or, if the 16   county chairperson fails to make an appointment, by the state 17   chairperson. However, if either or both political parties fail 18   to appoint an observer, the commissioner may continue with the 19   proceedings. 20   Sec. 32. Section 53.23, subsection 5, Code 2024, is amended 21   to read as follows: 22   5. The special precinct election board shall preserve the 23   secrecy of all absentee and provisional ballots. After the 24   affidavits on the affidavit   envelopes have been reviewed and 25   the qualifications of the persons casting the ballots have been 26   determined, those that have been accepted for counting shall 27   be opened. The ballots shall be removed from the affidavit 28   envelopes or return envelopes marked with the affidavit, as 29   applicable,   without being unfolded or examined, and then shall 30   be thoroughly intermingled, after which they shall be unfolded 31   and tabulated. If secrecy folders or   envelopes are used with 32   provisional paper ballots, the ballots shall be removed from 33   the secrecy folders   envelopes after the ballots have been 34   intermingled. 35   -12-   HF 2610 (3) 90   ss/ns/md 12/ 16           

  H.F. 2610   Sec. 33. Section 53.25, subsection 1, paragraph a, Code 1   2024, is amended to read as follows: 2   a. If the absentee voters affidavit lacks the voters 3   signature or voter verification number   , if the applicant is 4   not a duly registered voter on election day in the precinct 5   where the absentee ballot was cast, if the affidavit envelope 6   marked with the affidavit contains more than one ballot of any 7   one kind, or if the voter has voted in person, such vote shall 8   be rejected by the absentee and special voters precinct board. 9   If the affidavit envelope or return envelope marked with the   10   affidavit   is open, or has been opened and resealed, or if the 11   ballot is not enclosed in such the affidavit envelope, and an 12   affidavit envelope or return envelope marked with the affidavit 13   with the same serial number and marked Replacement ballot is 14   not attached as provided in section 53.18 , the ballot shall be 15   rejected by the absentee and special voters precinct board. 16   Sec. 34. Section 53.25, subsection 2, Code 2024, is amended 17   to read as follows: 18   2. If the absentee or provisional ballot is rejected prior 19   to the opening of the affidavit envelope or return envelope   20   marked with the affidavit   , the voter casting the ballot shall 21   be notified by a precinct election official by the time the 22   canvass is completed of the reason for the rejection on a form 23   prescribed by the state commissioner of elections. 24   Sec. 35. Section 53.30, subsection 2, Code 2024, is amended 25   to read as follows: 26   2. At the conclusion of each meeting of the absentee and 27   special voters precinct board, the board shall securely seal 28   all ballots counted by them in the manner prescribed in section 29   50.12 . The ballot envelopes, including the affidavit envelope 30   if an affidavit envelope was provided   , the return envelope, and 31   secrecy envelope bearing the signatures of precinct election 32   officials, as required by section 53.23 , shall be preserved. 33   All applications for absentee ballots, ballots rejected without 34   being opened, absentee ballot logs, and any other documents 35   -13-   HF 2610 (3) 90   ss/ns/md 13/ 16            

  H.F. 2610   pertaining to the absentee ballot process shall be preserved 1   until such time as the documents may be destroyed pursuant to 2   section 50.19 . 3   Sec. 36. Section 53.32, Code 2024, is amended to read as 4   follows: 5   53.32 Ballot of deceased voter. 6   When it shall be made to appear by due proof to the precinct 7   election officials that any elector, who has so marked and 8   forwarded a ballot, has died before the envelope marked with   9   the affidavit affidavit envelope is opened, then the ballot of 10   such deceased voter shall be endorsed, Rejected because voter 11   is dead, and be returned to the commissioner. The casting 12   of the ballot of a deceased voter shall not invalidate the 13   election. 14   Sec. 37. Section 53.33, subsection 7, paragraph a, Code 15   2024, is amended to read as follows: 16   a. Deliver the completed absentee ballot in person to the 17   commissioners office. The delivery agent shall not deliver 18   the completed absentee ballot by mail or to a ballot drop box   . 19   Sec. 38. EFFECTIVE DATE. This division of this Act takes 20   effect January 1, 2025. 21   DIVISION V 22   PERSONS PERMITTED IN VOTING BOOTHS 23   Sec. 39. Section 49.88, subsection 3, Code 2024, is amended 24   to read as follows: 25   3. A person standing for election on the ballot before a 26   voter shall not occupy   commits a violation of this section by 27   occupying the voting booth with the voter, including to assist 28   the voter. 29   Sec. 40. Section 49.90, Code 2024, is amended to read as   30   follows:   31   49.90 Assisting voter. 32   1.   Any voter who may declare upon oath that the voter is 33   blind, cannot read the English language, or is, by reason of 34   any physical disability other than intoxication, unable to cast 35   -14-   HF 2610 (3) 90   ss/ns/md 14/ 16          

  H.F. 2610   a vote without assistance, shall, upon request, be assisted by 1   the two officers as provided in section 49.89 , or alternatively 2   by any other person the voter may select in casting the vote, 3   except that the voter shall not select a person standing for 4   election on the ballot. The officers, or the person selected 5   by the voter, shall cast the vote of the voter requiring 6   assistance, and shall thereafter give no information regarding 7   the vote cast. If any elector because of a disability cannot 8   enter the building where the polling place for the electors 9   precinct of residence is located, the two officers shall take 10   a paper ballot to the vehicle occupied by the elector with 11   a disability and allow the elector to cast the ballot in 12   the vehicle. Ballots cast by voters with disabilities shall 13   be deposited in the regular ballot box, or inserted in the 14   tabulating device, and counted in the usual manner. 15   2.   A person standing for election on the ballot before a 16   voter commits a violation of section 49.88 by occupying the 17   voting booth with the voter.   18   Sec. 41. EFFECTIVE DATE. This division of this Act takes 19   effect January 1, 2025. 20   DIVISION VI 21   VOTER REGISTRATION DATABASE PILOT PROGRAM 22   Sec. 42. NEW SECTION   . 47.7A Statewide voter registration 23   database verification pilot program. 24   1. A statewide voter registration database verification 25   pilot program is established within the office of the state 26   registrar as follows: 27   a. The state registrar shall contract with a third-party 28   vendor to develop or provide a program to allow the state 29   registrar to verify the status of records in the statewide 30   voter registration file and identify ineligible voters on an 31   ongoing basis. 32   b. During the first quarter of the calendar year 2025, 33   the state registrar shall utilize the program developed or 34   provided by the third-party vendor to verify the status of 35   -15-   HF 2610 (3) 90   ss/ns/md 15/ 16        

  H.F. 2610   records in the statewide voter registration file. The state 1   registrar shall forward the results of the analysis to each 2   county commissioner of registration prior to the date reports 3   are required to be submitted pursuant to section 48A.40. 4   c. The state registrar shall evaluate the efficacy and 5   cost of the pilot program as compared to the current method 6   of verifying the list of voters in the statewide voter 7   registration file. 8   2. This section is repealed December 31, 2027. 9   DIVISION VII 10   COUNTY HOSPITAL BOARD OF TRUSTEES 11   Sec. 43. Section 347.9, subsection 3, Code 2024, is amended 12   by striking the subsection. 13   Sec. 44. TRANSITION. This division of this Act does not 14   alter the term of office of a trustee elected to a county 15   public hospital board of trustees prior to the effective date 16   of this division of this Act. 17   Sec. 45. EFFECTIVE DATE. This division of this Act takes 18   effect January 1, 2025. 19   -16-   HF 2610 (3) 90   ss/ns/md 16/ 16