House File 356 - Introduced HOUSE FILE 356 BY KAUFMANN A BILL FOR An Act relating to the conduct of elections, including 1 provisions related to absentee ballots, recounts, and 2 contested gubernatorial elections and impeachments, 3 making penalties applicable, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2089YH (4) 90 ss/ns
H.F. 356 Section 1. Section 43.56, subsection 1, paragraph c, Code 1 2023, is amended to read as follows: 2 c. A third person mutually agreeable to the board members 3 designated by the candidates One person who is a precinct 4 election official selected by the chief judge of the judicial 5 district in which the canvass occurs at or before the time the 6 board is required to convene . 7 Sec. 2. Section 43.78, subsection 5, paragraph b, Code 2023, 8 is amended to read as follows: 9 b. In the office of the appropriate commissioner, at least 10 sixty-four sixty-seven days before the date of the election. 11 Sec. 3. Section 43.92, Code 2023, is amended to read as 12 follows: 13 43.92 Date of caucus published. 14 1. The date, time, and place of each precinct caucus of a 15 political party shall be published at least twice in at least 16 one newspaper of general circulation in the precinct. The 17 first publication shall be made not more than fifteen days nor 18 less than seven days before the date of the caucus and the 19 second shall be made not more than seven days before and not 20 later than the date of the caucus. Such publication shall 21 also state in substance that each voter affiliated with the 22 specified political party may attend the precinct caucus. 23 Publication in a news item or advertisement in such newspaper 24 shall constitute publication for the purposes of this section . 25 The cost of such publication, if any, shall be paid by the 26 political party. 27 2. a. In lieu of the requirement to publish a notice in a 28 newspaper of general circulation in the precinct, a political 29 party may publish the notice in its entirety on the political 30 partys internet site, if the political party maintains an 31 internet site. The notice shall include all information 32 otherwise required to be contained in the publication and 33 shall comply with all requirements relating to the date of 34 publication. 35 -1- LSB 2089YH (4) 90 ss/ns 1/ 31
H.F. 356 b. In posting and maintaining a notice on a political 1 partys internet site, the political party shall satisfy all 2 of the following requirements: 3 (1) The internet site shall be available and easily 4 accessible at all times by the public. 5 (2) The public shall not be charged for access to any notice 6 posted on the internet site pursuant to this subsection. 7 (3) The notice shall be maintained and accessible through 8 the same internet site address for as long as required by law 9 or as long as such information is customarily maintained by the 10 political party, whichever is longer. 11 c. Compliance with the requirements of this subsection 12 shall constitute compliance with the newspaper publication 13 requirements in subsection 1. 14 Sec. 4. Section 48A.14, Code 2023, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 6. A challenger shall post a bond at the 17 time of filing a challenge in an amount to be determined by 18 the commissioner that is sufficient to cover the costs of 19 verifying the registration of the challenged registrant. If 20 the commissioner determines that the challenged registrants 21 registration is invalid, the bond shall be returned to the 22 challenger. In all other cases, the bond shall be deposited in 23 the election fund of the county of the commissioner with whom 24 it was filed. 25 Sec. 5. Section 49.53, subsection 1, Code 2023, is amended 26 to read as follows: 27 1. The commissioner shall not less than four nor more 28 than twenty thirty days before the day of each election, 29 except those for which different publication requirements are 30 prescribed by law, publish notice of the election. The notice 31 shall list the names of all candidates or nominees and the 32 office each seeks, and all public questions, to be voted upon 33 at the election. The notice shall also state the date of the 34 election, the hours the polls will be open, that each voter is 35 -2- LSB 2089YH (4) 90 ss/ns 2/ 31
H.F. 356 required to provide identification at the polling place before 1 the voter can receive and cast a ballot, the location of each 2 polling place at which voting is to occur in the election, and 3 the names of the precincts voting at each polling place , the 4 date the election will be audited pursuant to section 50.51, 5 the location of the audit, and the hours during which the 6 election will be audited . The notice shall include the full 7 text of all public measures to be voted upon at the election. 8 The notice may contain one or more facsimiles of the portion of 9 the ballot containing the first arrangement of candidates as 10 prescribed by section 49.31, subsection 2 . 11 Sec. 6. NEW SECTION . 49.76A Electronic election register. 12 1. The commissioner may use an electronic election register 13 in lieu of a paper register if the electronic election register 14 is a product that has been certified for use in this state by 15 the state commissioner. 16 2. The state commissioner shall adopt rules pursuant to 17 chapter 17A for the implementation of this section. 18 Sec. 7. Section 50.11, subsection 1, Code 2023, is amended 19 to read as follows: 20 1. When the canvass is completed one of the precinct 21 election officials shall , upon request of a person at the 22 precinct, publicly announce the total number of votes received 23 by each of the persons voted for, the office for which the 24 person is designated, as announced by the designated tally 25 keepers, and the number of votes for, and the number of votes 26 against, any proposition which shall have been submitted to a 27 vote of the people. A precinct election official may, at the 28 request of the commissioner who is conducting the election, 29 communicate the election results by telephone and shall deliver 30 the election results in person pursuant to section 50.14 to the 31 commissioner who is conducting the election immediately upon 32 completion of the canvass. 33 Sec. 8. Section 50.12, Code 2023, is amended to read as 34 follows: 35 -3- LSB 2089YH (4) 90 ss/ns 3/ 31
H.F. 356 50.12 Return and preservation of ballots. 1 Immediately after making the proclamation, and before 2 separating, the board members of each precinct in which votes 3 have been received by paper ballot shall enclose in an envelope 4 or other container all ballots which have been counted by them, 5 except those endorsed Rejected as double, Defective, or 6 Objected to, and securely seal the envelope. The signatures 7 of all board members of the precinct shall be placed across 8 the seal or the opening of the container so that it cannot 9 be opened without breaking the seal. The precinct election 10 officials shall return all the ballots to the commissioner, 11 who shall carefully preserve them for six months. Ballots 12 from elections for federal offices shall be preserved for 13 twenty-two months. The sealed packages containing voted 14 ballots shall be opened only for an official recount authorized 15 by section 50.48 , or 50.49 , or 50.50 , for an election contest 16 held pursuant to chapters 57 through 62 , to conduct an audit 17 pursuant to section 50.50 or 50.51, or to destroy the ballots 18 pursuant to section 50.19 . 19 Sec. 9. Section 50.15A, Code 2023, is amended to read as 20 follows: 21 50.15A Unofficial results of voting general election only . 22 1. In order to provide the public with an early source 23 of election results before the official canvass of votes, 24 the state commissioner of elections, in cooperation with the 25 commissioners of elections, shall conduct an unofficial canvass 26 of election results following the closing of the polls on 27 the day of a regular city election, regular school election, 28 primary election, and general election. The unofficial 29 canvass shall report election results for national offices, 30 statewide offices, the office of state representative, the 31 office of state senator, and other offices or public measures 32 at the discretion of the state commissioner of elections. 33 The unofficial canvass shall also report the total number of 34 ballots cast at the general election. 35 -4- LSB 2089YH (4) 90 ss/ns 4/ 31
H.F. 356 2. a. After the polls close on election day, the 1 commissioner of elections shall periodically provide election 2 results to the state commissioner of elections as the precincts 3 in the county report election results to the commissioner 4 pursuant to section 50.11 . If the commissioner determines 5 that all precincts will not report election results before 6 the office is closed, the commissioner shall report the most 7 complete results available prior to leaving the office at the 8 time the office is closed as provided in section 50.11 . The 9 commissioner shall specify the number of precincts included in 10 the report to the state commissioner of elections and provide 11 an explanation in writing as to why all precincts will not be 12 reported . 13 b. The state commissioner of elections shall tabulate 14 unofficial election results as the results are received from 15 the commissioners of elections and shall periodically make the 16 reports of the results available to the public. 17 3. Before the day of the general election, the state 18 commissioner of elections shall provide a form and instructions 19 for reporting unofficial election results pursuant to this 20 section . 21 Sec. 10. Section 50.24, subsections 1 and 4, Code 2023, are 22 amended to read as follows: 23 1. The county board of supervisors shall meet to canvass 24 the vote on the first Monday or Tuesday after the day of 25 each election to which this chapter is applicable, unless 26 the law authorizing the election specifies another date for 27 the canvass. If that Monday or Tuesday is a public holiday, 28 section 4.1, subsection 34 , controls. 29 4. For a regular or special city election or a city runoff 30 election, if the city is located in more than one county, the 31 controlling commissioner for that city under section 47.2 shall 32 conduct a second canvass on the second Monday or Tuesday after 33 the day of the election. However, if a recount is requested 34 pursuant to section 50.48 , the controlling commissioner shall 35 -5- LSB 2089YH (4) 90 ss/ns 5/ 31
H.F. 356 conduct the second canvass within two business days after the 1 conclusion of the recount proceedings. Each commissioner 2 conducting a canvass for the city pursuant to subsection 1 3 shall transmit abstracts for the offices and public measures of 4 that city to the controlling commissioner for that city, along 5 with individual tallies for each write-in candidate. At the 6 second canvass, the county board of supervisors of the county 7 of the controlling commissioner shall canvass the abstracts 8 received pursuant to this subsection and shall prepare a 9 combined city abstract stating the number of votes cast in the 10 city for each office and on each question on the ballot for 11 the city election. The combined city abstract shall further 12 indicate the name of each person who received votes for each 13 office on the ballot, the number of votes each person named 14 received for that office, and the number of votes for and 15 against each question submitted to the voters at the election. 16 The votes of all write-in candidates who each received less 17 than five percent of the total votes cast in the city for 18 an office shall be reported collectively under the heading 19 scattering. 20 Sec. 11. Section 50.24, subsection 5, paragraph a, Code 21 2023, is amended to read as follows: 22 a. For a regular or special school election, if the school 23 district is located in more than one county, the controlling 24 commissioner for that school district under section 47.2 shall 25 conduct a second canvass on the second Monday or Tuesday after 26 the day of election. However, if a recount is requested 27 pursuant to section 50.48 , the controlling commissioner shall 28 conduct the second canvass within two business days after the 29 conclusion of the recount proceedings. Each commissioner 30 conducting a canvass for the school district pursuant to 31 subsection 1 shall transmit abstracts for the offices and 32 public measures of that school district to the controlling 33 commissioner for that school district, along with individual 34 tallies for each write-in candidate. At the second canvass the 35 -6- LSB 2089YH (4) 90 ss/ns 6/ 31
H.F. 356 county board of supervisors of the controlling county shall 1 canvass the abstracts received pursuant to this subsection and 2 shall prepare a combined school district abstract stating the 3 number of votes cast in the school district for each office and 4 on each question on the ballot for the school election. The 5 combined school district abstract shall further indicate the 6 name of each person who received votes for each office on the 7 ballot, the number of votes each person named received for that 8 office, and the number of votes for and against each question 9 submitted to the voters at the election. The votes of all 10 write-in candidates who each received less than five percent of 11 the total votes cast in the school district for an office shall 12 be reported collectively under the heading scattering. 13 Sec. 12. Section 50.48, subsection 1, paragraphs a and b, 14 Code 2023, are amended to read as follows: 15 a. The county board of canvassers shall order a recount of 16 the votes cast for a particular office or nomination in one 17 or more specified all election precincts in that county if a 18 written request for a recount is made not later than 5:00 p.m. 19 on the third second day following the county boards canvass 20 of the election in question. For a city runoff election held 21 pursuant to section 376.9 , the written request must be made not 22 later than 5:00 p.m. on the day following the county boards 23 canvass of the city runoff election. A written request for a 24 recount shall indicate whether the recount shall be conducted 25 only using automatic tabulating equipment or by a hand recount 26 following the use of automatic tabulating equipment. If a 27 candidate requests a hand recount in one county, the candidate 28 shall also request a hand recount in each county at which the 29 candidate requests a recount. The request shall be filed with 30 the commissioner of that county and shall be signed by either 31 of the following: 32 (1) A candidate for that office or nomination whose name 33 was printed on the a ballot of the precinct or precincts in the 34 county where the recount is requested. 35 -7- LSB 2089YH (4) 90 ss/ns 7/ 31
H.F. 356 (2) Any other person who receives votes for that particular 1 office or nomination in the precinct or precincts county where 2 the recount is requested and who is legally qualified to seek 3 and to hold the office in question. 4 b. Immediately upon receipt of a request for a recount, 5 the commissioner shall send a copy of the request to the 6 apparent winner by certified mail and the state commissioner 7 by electronic mail . The commissioner shall also attempt to 8 contact the apparent winner by telephone. If the apparent 9 winner cannot be reached within four three days, the 10 chairperson of the political party or organization which 11 nominated the apparent winner shall be contacted and shall act 12 on behalf of the apparent winner, if necessary. For candidates 13 for state or federal offices, the chairperson of the state 14 party shall be contacted. For candidates for county offices, 15 the county chairperson of the party shall be contacted. 16 Sec. 13. Section 50.48, subsection 2, Code 2023, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . c. (1) Upon receipt of a written request 19 for a hand recount involving a state office, including a seat 20 in the general assembly, a seat in the United States Congress, 21 or electors for president or vice president, forwarded by 22 the commissioner, the state commissioner shall verify that 23 each request for a recount for that office submitted by that 24 candidate included a request for a hand recount. For each 25 request that did not include a request for a hand recount, the 26 state commissioner shall assess a civil penalty of one hundred 27 dollars against the candidate. The civil penalty shall first 28 be deducted from the bond filed by the candidate. 29 (2) Upon verification that a candidate for a state office, 30 including a seat in the general assembly, a seat in the United 31 States Congress, or electors for president or vice president, 32 submitted a written request for hand recount in at least one 33 but not all counties, the state commissioner shall, within six 34 days following the county canvass of the election, inform each 35 -8- LSB 2089YH (4) 90 ss/ns 8/ 31
H.F. 356 commissioner at which a hand recount was not requested that a 1 hand recount shall be performed pursuant to this section. 2 Sec. 14. Section 50.48, subsections 3 and 4, Code 2023, 3 are amended by striking the subsections and inserting in lieu 4 thereof the following: 5 3. a. The recount shall be conducted by a board which shall 6 consist of one of the following: 7 (1) For a county with a population of fewer than fifteen 8 thousand people according to the most recent federal decennial 9 census: 10 (a) A designee of the candidate requesting the recount, 11 who shall be named in the written request when the request is 12 filed. 13 (b) A designee of the apparent winning candidate, who shall 14 be named by the candidate at or before the time the board is 15 required to convene. 16 (c) A member who is a precinct election official selected by 17 the chief judge of the judicial district in which the canvass 18 occurs at or before the time the board is required to convene. 19 (2) For a county with a population of at least fifteen 20 thousand but fewer than fifty thousand people according to the 21 most recent federal decennial census: 22 (a) A designee of the candidate requesting the recount, 23 who shall be named in the written request when the request is 24 filed. 25 (b) A designee of the apparent winning candidate, who shall 26 be named by the candidate at or before the time the board is 27 required to convene. 28 (c) Three members who are precinct election officials 29 selected by the chief judge of the judicial district in which 30 the canvass occurs at or before the time the board is required 31 to convene. 32 (3) For a county with a population of fifty thousand people 33 or greater: 34 (a) Two designees of the candidate requesting the recount, 35 -9- LSB 2089YH (4) 90 ss/ns 9/ 31
H.F. 356 who shall be named in the written request when the request is 1 filed. 2 (b) Two designees of the apparent winning candidate, who 3 shall be named by the candidate at or before the time the board 4 is required to convene. 5 (c) Three members who are precinct election officials 6 selected by the chief judge of the judicial district in which 7 the canvass occurs at or before the time the board is required 8 to convene. 9 b. Members appointed to the recount board by the chief judge 10 shall be selected consistent with section 49.13, subsection 2, 11 for partisan offices and section 49.12 for nonpartisan offices. 12 c. The commissioner shall convene the persons designated 13 under paragraph a not later than 9:00 a.m. on the sixth 14 day following the county boards canvass of the election in 15 question. 16 4. When all members of the recount board have been selected, 17 the board shall undertake and complete the required recount as 18 expeditiously as reasonably possible in the following manner: 19 a. The commissioner shall inform the board whether the 20 candidate has requested a hand recount. The commissioner 21 or the commissioners designee shall supervise the handling 22 of ballots to ensure that the ballots are protected from 23 alteration or damage. 24 b. The board shall direct the commissioner to retabulate 25 the ballots using the automatic tabulating equipment. The same 26 program used for tabulating the votes on election day shall be 27 used at the recount unless the program is believed or known to 28 be flawed. 29 c. The board shall recount only the ballots which were voted 30 and counted for the office in question, including any disputed 31 ballots returned as required in section 50.5. 32 d. After retabulating the ballots as provided in paragraph 33 b , the board shall compare the printed results of the 34 tabulation equipment to the abstract prepared pursuant to the 35 -10- LSB 2089YH (4) 90 ss/ns 10/ 31
H.F. 356 county boards canvass. The board shall note any discrepancies 1 between the two results. 2 e. If the candidates written request included a request 3 for a hand recount, the board shall separate the ballots into 4 piles: one for each candidate, one for write-in votes, and 5 one for ballots considered an over or under count. The board 6 shall review and tabulate the ballots in each pile as provided 7 in section 49.98. The board shall compare the hand recount 8 results to the printed results of the tabulation equipment and 9 the abstract. If there are discrepancies between the three 10 results, then the results of the hand recount shall control. 11 f. The ballots shall be resealed by the recount board before 12 adjournment and shall be preserved as required by section 13 50.12. 14 Sec. 15. Section 50.48, subsection 5, Code 2023, is amended 15 to read as follows: 16 5. a. At the conclusion of the recount, the recount board 17 shall make and file with the commissioner a written report of 18 its findings signed by a majority of the recount board. The 19 commissioner or commissioners designee may assist in compiling 20 the written report. The written report shall include a full 21 tally and accounting of ballots reviewed by the recount board 22 and shall be reported as required by sections 50.24 and 53.20. 23 The written report must allow the commissioner to correct the 24 canvass of voters in the manner required by law, if applicable. 25 b. If the recount boards report is that the abstracts 26 prepared pursuant to the county boards canvass were incorrect 27 as to the number of votes cast for the candidates for the 28 office or nomination in question, in that county or district, 29 the commissioner shall at once so notify the county board. The 30 county board shall reconvene within three days after being so 31 notified , but no later than noon on the twenty-seventh day 32 following the election in question for a recount of the offices 33 of president and vice president , and shall correct its previous 34 proceedings. 35 -11- LSB 2089YH (4) 90 ss/ns 11/ 31
H.F. 356 c. The recount board shall complete the recount and file its 1 report as follows: 2 (1) For the offices of president and vice president, not 3 later than the seventeenth day following the county boards 4 canvass of the election in question. 5 (2) For a state office, including a seat in the general 6 assembly, or a seat in the United States Congress, not later 7 than the twenty-first day following the county boards canvass 8 of the election in question. 9 (3) For any other office, not later than the thirteenth 10 day following the county boards canvass of the election in 11 question. 12 Sec. 16. Section 50.49, subsection 1, Code 2023, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 1. a. A recount for any public measure shall be ordered 16 by the board of canvassers if a petition requesting a recount 17 is filed with the county commissioner of a county at which 18 the question appeared on the ballot not later than two days 19 after the completion of the canvass of voters for the election. 20 The petition for a recount shall indicate whether the recount 21 shall be conducted only using automatic tabulating equipment 22 or by a hand recount following the use of automatic tabulating 23 equipment. If a petition requests a hand recount in one 24 county, the petition shall also request a hand recount in each 25 county in which the petition is filed. A petition must be 26 filed by the person submitting the petition in each county 27 in which the public measure appeared on the ballot. If the 28 petition is not filed by the person submitting the petition in 29 each county in which the public measure appeared on the ballot, 30 a recount shall not be conducted. 31 b. The petition must be signed by the greater of ten 32 eligible electors or a number of eligible electors equaling 33 one percent of the total number of votes cast upon the public 34 measure in the county. Each person signing the petition must 35 -12- LSB 2089YH (4) 90 ss/ns 12/ 31
H.F. 356 be a person who was entitled to vote on the public measure in 1 question or would have been so entitled if registered to vote. 2 c. Immediately upon receipt of a petition for a recount, 3 the commissioner shall send a copy of the petition to the 4 state commissioner by electronic mail. The state commissioner 5 shall confirm that a petition was filed in every county the 6 public measure appeared on the ballot prior to the convening of 7 the recount board. The state commissioner shall also verify 8 whether each petition for a recount included a request for 9 a hand recount. If the state commissioner verifies that a 10 petition included a request for a hand recount in at least one 11 but not all counties, the state commissioner shall, prior to 12 convening of the recount board, inform each commissioner at 13 which a hand recount was not requested that a hand recount 14 shall be performed. 15 Sec. 17. Section 50.49, subsection 2, paragraph b, Code 16 2023, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 b. Two members who are precinct election officials selected 19 by the chief judge of the judicial district in which the 20 canvass occurs at or before the time the board is required to 21 convene. The members shall be selected consistent with section 22 49.12. 23 Sec. 18. Section 50.49, subsection 2, paragraph c, Code 24 2023, is amended by striking the paragraph. 25 Sec. 19. Section 50.49, subsection 3, Code 2023, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 3. The commissioner shall convene the recount board not 29 later than 9:00 a.m. on the sixth day following the county 30 boards canvass of the election in question. 31 Sec. 20. Section 50.50, Code 2023, is amended to read as 32 follows: 33 50.50 Administrative recounts audits . 34 1. The commissioner who was responsible for conducting an 35 -13- LSB 2089YH (4) 90 ss/ns 13/ 31
H.F. 356 election may request an administrative recount audit when the 1 commissioner is informed or suspects that voting equipment used 2 in the election malfunctioned or that programming errors may 3 have affected the outcome of the election, or if the precinct 4 election officials report counting errors to the commissioner 5 after the conclusion of the canvass of votes in the precinct. 6 An administrative recount audit shall be conducted by the board 7 of the special precinct established by section 53.23 . Bond 8 shall not be required for an administrative recount. The 9 state commissioner may adopt rules for administrative recounts 10 audits . 11 2. If the recount board finds that there is an error 12 in the programming of any voting equipment which may have 13 affected the outcome of the election for any office or public 14 measure on the ballot, the recount board shall describe the 15 errors in its report to the commissioner. The commissioner 16 shall notify the board of supervisors. The supervisors shall 17 determine whether to order an administrative recount for any 18 or all of the offices and public measures on the ballot. Each 19 political party, as defined in section 43.2, may appoint up 20 to five observers to witness an audit conducted pursuant to 21 this section. The observers shall be appointed by the county 22 chairperson or, if the county chairperson fails to make an 23 appointment, by the state chairperson. However, if either or 24 both political parties fail to appoint an observer, the board 25 may continue with the proceedings. 26 Sec. 21. Section 50.51, subsection 3, paragraph a, Code 27 2023, is amended by striking the paragraph. 28 Sec. 22. NEW SECTION . 53.1B Definitions. 29 For purposes of this subchapter, unless the context 30 otherwise requires: 31 1. Affidavit envelope means an envelope that includes 32 a serial number and bears on the back an affidavit for a 33 registered voter to mark the registered voters signature and 34 voter verification number in a form prescribed by the state 35 -14- LSB 2089YH (4) 90 ss/ns 14/ 31
H.F. 356 commissioner. 1 2. Delivery envelope means an envelope that bears on its 2 face the name and address of the registered voter requesting an 3 absentee ballot, the words county commissioner of elections, 4 the address of the commissioners office, and the same serial 5 number that appears on the affidavit envelope and return 6 envelope. 7 3. Return envelope means an envelope that is addressed 8 to the commissioners office, bears appropriate return postage 9 or a postal permit guaranteeing that the commissioner will pay 10 the return postage, and includes the same serial number as the 11 affidavit envelope and delivery envelope. 12 4. Secrecy envelope means an envelope, folder, or sleeve 13 that hides all voting ovals on a ballot when folded. 14 Sec. 23. Section 53.8, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. a. Upon receipt of an application for an absentee ballot 17 and immediately after the absentee ballots are printed, but not 18 more than twenty days before the election, the commissioner 19 shall mail an absentee ballot to the applicant within 20 twenty-four hours, except as otherwise provided in subsection 21 3 . The absentee ballot shall be sent to the registered voter 22 by one of the following methods: enclosed in an unsealed 23 affidavit envelope. The absentee ballot and affidavit envelope 24 shall be enclosed in or with an unsealed return envelope. The 25 absentee ballot, affidavit envelope, and return envelope shall 26 be enclosed in the delivery envelope. If the ballot cannot 27 be folded so that all the voting ovals on the ballot will be 28 hidden, the commissioner shall also enclose a secrecy envelope 29 with the absentee ballot. 30 (1) The absentee ballot shall be enclosed in an unsealed 31 envelope marked with a serial number and affidavit. The 32 absentee ballot and affidavit envelope shall be enclosed in 33 or with an unsealed return envelope marked postage paid which 34 bears the same serial number as the affidavit envelope. The 35 -15- LSB 2089YH (4) 90 ss/ns 15/ 31
H.F. 356 absentee ballot, affidavit envelope, and return envelope shall 1 be enclosed in a third envelope to be sent to the registered 2 voter. If the ballot cannot be folded so that all of the votes 3 cast on the ballot will be hidden, the commissioner shall also 4 enclose a secrecy envelope with the absentee ballot. 5 (2) The absentee ballot shall be enclosed in an unsealed 6 return envelope marked with a serial number and affidavit 7 and marked postage paid. The absentee ballot and return 8 envelope shall be enclosed in a second envelope to be sent 9 to the registered voter. If the ballot cannot be folded so 10 that all of the votes cast on the ballot will be hidden, the 11 commissioner shall also enclose a secrecy envelope with the 12 absentee ballot. 13 b. The affidavit shall be marked on the appropriate envelope 14 in a form prescribed by the state commissioner of elections 15 registered voter requesting and receiving an absentee ballot 16 shall subscribe to the affidavit by signing and marking the 17 registered voters voter verification number on the affidavit 18 envelope . 19 c. All domestic return envelope flaps or backs shall also 20 be printed or stamped with a notice of the deadline to return a 21 completed absentee ballot and the manner to track the status of 22 the ballot in a form prescribed by the state commissioner. 23 c. d. For envelopes mailed at any election other than the 24 primary election, the commissioner shall not mark any envelope 25 with any information related to the party affiliation of the 26 applicant. 27 Sec. 24. Section 53.10, subsection 2, paragraph a, Code 28 2023, is amended to read as follows: 29 a. Each person who wishes to vote by absentee ballot at 30 the commissioners office shall first sign an application for 31 a ballot including the following information: name, current 32 address, voter verification number, and the election for which 33 the ballot is requested. The person may report a change of 34 address or other information on the persons voter registration 35 -16- LSB 2089YH (4) 90 ss/ns 16/ 31
H.F. 356 record at that time. Prior to furnishing a ballot, the 1 commissioner shall verify the persons identity as provided 2 in section 49.78 . The registered voter shall immediately 3 mark the ballot; enclose the ballot in a secrecy envelope, 4 if necessary, and seal it the ballot in the envelope marked 5 with the affidavit envelope ; subscribe to the affidavit on 6 the reverse side of the envelope by signing and marking the 7 registered voters voter verification number ; and return the 8 sealed affidavit envelope containing the absentee ballot to 9 the commissioner. The commissioner shall record the numbers 10 appearing on the application and affidavit envelope along with 11 the name of the registered voter. 12 Sec. 25. Section 53.12, Code 2023, is amended by striking 13 the section and inserting in lieu thereof the following: 14 53.12 Duty of commissioner. 15 The commissioner shall affix to the application the same 16 serial number that appears on the affidavit envelope, return 17 envelope, and delivery envelope. 18 Sec. 26. Section 53.16, Code 2023, is amended by striking 19 the section and inserting in lieu thereof the following: 20 53.16 Subscribing to affidavit. 21 After marking the ballot, the voter shall enclose the ballot 22 in a secrecy envelope, if necessary, and seal the ballot in 23 the affidavit envelope; subscribe to the affidavit by signing 24 and marking the registered voters voter verification number; 25 place the sealed affidavit envelope in the return envelope; and 26 securely seal the return envelope. 27 Sec. 27. Section 53.17, subsection 1, unnumbered paragraph 28 1, Code 2023, is amended to read as follows: 29 If the commissioner mailed the ballot pursuant to section 30 53.8, subsection 1 , paragraph a , subparagraph (1), the sealed 31 envelope bearing the voters affidavit and containing the 32 absentee ballot shall be enclosed in a return envelope which 33 shall be securely sealed. If the commissioner mailed the 34 ballot pursuant to section 53.8, subsection 1 , paragraph a , 35 -17- LSB 2089YH (4) 90 ss/ns 17/ 31
H.F. 356 subparagraph (2), the absentee ballot shall be enclosed in the 1 return envelope which shall be securely sealed. The sealed 2 return envelope shall be returned to the commissioner by one of 3 the following methods: 4 Sec. 28. Section 53.18, subsections 2 and 3, Code 2023, are 5 amended to read as follows: 6 2. If the commissioner receives the return envelope 7 containing the completed absentee ballot by 5:00 p.m. on the 8 Saturday before the election for general elections and by 5:00 9 p.m. on the Friday before the election for all other elections, 10 the commissioner shall review the affidavit marked on the 11 return envelope, if applicable, for completeness or shall open 12 the return envelope to review the affidavit for completeness 13 open the return envelope, if applicable, and review the 14 affidavit marked on the affidavit envelope for completeness . 15 If the affidavit lacks the signature or voter verification 16 number of the registered voter, the commissioner shall, within 17 twenty-four hours of the receipt of the envelope, notify the 18 voter of the deficiency and inform the voter that the voter may 19 vote a replacement ballot as provided in subsection 3 , cast a 20 ballot as provided in section 53.19, subsection 3 , or complete 21 the affidavit in person at the office of the commissioner not 22 later than the time polls close on election day. 23 3. If the affidavit envelope or the return envelope marked 24 with the affidavit contains a defect that would cause the 25 absentee ballot to be rejected by the absentee and special 26 voters precinct board, the commissioner shall immediately 27 notify the voter of that fact and that the voters absentee 28 ballot shall not be counted unless the voter requests and 29 returns a replacement ballot in the time permitted under 30 section 53.17, subsection 2 . For the purposes of this section , 31 a return an affidavit envelope marked with the affidavit 32 shall be considered to contain a defect if it appears to 33 the commissioner that the signature on the envelope has been 34 signed by someone other than the registered voter, in comparing 35 -18- LSB 2089YH (4) 90 ss/ns 18/ 31
H.F. 356 the signature on the envelope to the signature on record of 1 the registered voter named on the envelope. A signature or 2 marking made in accordance with section 39.3, subsection 3 17 , shall not be considered a defect for purposes of this 4 section the voter verification number provided does not match 5 the voter verification number associated with the voters 6 voter registration . The voter may request a replacement 7 ballot in person, in writing, or over the telephone. The 8 same serial number that was assigned to the records of the 9 original absentee ballot application shall be used on the 10 envelope envelopes and records of the replacement ballot. The 11 affidavit envelope marked with the affidavit and containing 12 the completed replacement ballot shall be marked Replacement 13 ballot. The affidavit envelope marked with the affidavit and 14 containing the original ballot shall be marked Defective and 15 the Defective. The replacement ballot shall be attached to 16 such the affidavit envelope containing the original ballot and 17 shall be stored in a secure place until they are delivered to 18 the absentee and special voters precinct board, notwithstanding 19 sections 53.26 and 53.27 . 20 Sec. 29. Section 53.20, subsection 2, paragraph b, Code 21 2023, is amended to read as follows: 22 b. For the primary election, general election election, 23 and for any election in which the commissioner determines in 24 advance of the election to report the results of the special 25 precinct by the resident precincts of the voters who cast 26 absentee and provisional ballots, the commissioner shall 27 prepare a separate absentee ballot style for each precinct 28 in the county and shall program the voting system to produce 29 reports by the resident precincts of the voters. 30 Sec. 30. Section 53.21, subsection 2, paragraph b, Code 31 2023, is amended to read as follows: 32 b. The voter shall enclose one copy of the above statement 33 in the return envelope along with the affidavit envelope, if 34 the voter was mailed a separate affidavit envelope, and shall 35 -19- LSB 2089YH (4) 90 ss/ns 19/ 31
H.F. 356 retain a copy for the voters records. 1 Sec. 31. Section 53.23, subsection 3, paragraph b, 2 subparagraph (1), Code 2023, is amended to read as follows: 3 (1) The commissioner may direct the board to meet on the day 4 before the election for the purpose of reviewing the absentee 5 voters affidavits appearing on the sealed envelopes. If in 6 the commissioners judgment this procedure is necessary due 7 to the number of absentee ballots received, the members of 8 the board may open the sealed affidavit envelopes and remove 9 the secrecy envelope containing the ballot, but under no 10 circumstances shall a secrecy envelope or a return an affidavit 11 envelope marked with an affidavit be opened before the board 12 convenes on election day, except as provided in paragraph 13 c . If the affidavit envelopes are opened before election 14 day pursuant to this paragraph b , the observers appointed 15 by each political party, as defined in section 43.2 , shall 16 witness the proceedings. Each political party may appoint up 17 to five observers under this paragraph b . The observers 18 shall be appointed by the county chairperson or, if the 19 county chairperson fails to make an appointment, by the state 20 chairperson. However, if either or both political parties fail 21 to appoint an observer, the commissioner may continue with the 22 proceedings. 23 Sec. 32. Section 53.23, subsection 5, Code 2023, is amended 24 to read as follows: 25 5. The special precinct election board shall preserve the 26 secrecy of all absentee and provisional ballots. After the 27 affidavits on the affidavit envelopes have been reviewed and 28 the qualifications of the persons casting the ballots have been 29 determined, those that have been accepted for counting shall 30 be opened. The ballots shall be removed from the affidavit 31 envelopes or return envelopes marked with the affidavit, as 32 applicable, without being unfolded or examined, and then shall 33 be thoroughly intermingled, after which they shall be unfolded 34 and tabulated. If secrecy folders or envelopes are used with 35 -20- LSB 2089YH (4) 90 ss/ns 20/ 31
H.F. 356 provisional paper ballots, the ballots shall be removed from 1 the secrecy folders envelopes after the ballots have been 2 intermingled. 3 Sec. 33. Section 53.25, subsection 1, paragraph a, Code 4 2023, is amended to read as follows: 5 a. If the absentee voters affidavit lacks the voters 6 signature or voter verification number , if the applicant is 7 not a duly registered voter on election day in the precinct 8 where the absentee ballot was cast, if the affidavit envelope 9 marked with the affidavit contains more than one ballot of any 10 one kind, or if the voter has voted in person, such vote shall 11 be rejected by the absentee and special voters precinct board. 12 If the affidavit envelope or return envelope marked with the 13 affidavit is open, or has been opened and resealed, or if the 14 ballot is not enclosed in such the affidavit envelope, and an 15 affidavit envelope or return envelope marked with the affidavit 16 with the same serial number and marked Replacement ballot is 17 not attached as provided in section 53.18 , the ballot shall be 18 rejected by the absentee and special voters precinct board. 19 Sec. 34. Section 53.25, subsection 2, Code 2023, is amended 20 to read as follows: 21 2. If the absentee or provisional ballot is rejected prior 22 to the opening of the affidavit envelope or return envelope 23 marked with the affidavit , the voter casting the ballot shall 24 be notified by a precinct election official by the time the 25 canvass is completed of the reason for the rejection on a form 26 prescribed by the state commissioner of elections. 27 Sec. 35. Section 53.30, subsection 2, Code 2023, is amended 28 to read as follows: 29 2. At the conclusion of each meeting of the absentee and 30 special voters precinct board, the board shall securely seal 31 all ballots counted by them in the manner prescribed in section 32 50.12 . The ballot envelopes, including the affidavit envelope 33 if an affidavit envelope was provided , the return envelope, and 34 secrecy envelope bearing the signatures of precinct election 35 -21- LSB 2089YH (4) 90 ss/ns 21/ 31
H.F. 356 officials, as required by section 53.23 , shall be preserved. 1 All applications for absentee ballots, ballots rejected without 2 being opened, absentee ballot logs, and any other documents 3 pertaining to the absentee ballot process shall be preserved 4 until such time as the documents may be destroyed pursuant to 5 section 50.19 . 6 Sec. 36. Section 53.32, Code 2023, is amended to read as 7 follows: 8 53.32 Ballot of deceased voter. 9 When it shall be made to appear by due proof to the precinct 10 election officials that any elector, who has so marked and 11 forwarded a ballot, has died before the envelope marked with 12 the affidavit affidavit envelope is opened, then the ballot of 13 such deceased voter shall be endorsed, Rejected because voter 14 is dead, and be returned to the commissioner. The casting 15 of the ballot of a deceased voter shall not invalidate the 16 election. 17 Sec. 37. Section 58.4, subsections 1 and 2, Code 2023, are 18 amended to read as follows: 19 1. The names of members of each house, except the presiding 20 officer and the majority and minority leaders , written on 21 similar paper tickets, shall be placed in a box, the names of 22 the senators in their presence by their secretary, and the 23 names of the representatives in their presence by their clerk. 24 2. The secretary of the senate in the presence of the 25 senate, and the clerk of the house of representatives in 26 the presence of the house, shall draw from their respective 27 boxes the names of seven five members each. The majority and 28 minority leaders of each house shall also serve on the contest 29 court. 30 Sec. 38. Section 60.2, Code 2023, is amended to read as 31 follows: 32 60.2 Clerk. 33 The secretary of state clerk of the supreme court shall be 34 the clerk of the court, or, in the secretary of states clerk 35 -22- LSB 2089YH (4) 90 ss/ns 22/ 31
H.F. 356 of the supreme courts absence or inability to act, the clerk 1 of the supreme court secretary of state . 2 Sec. 39. Section 61.2, Code 2023, is amended to read as 3 follows: 4 61.2 Clerk. 5 The secretary of state clerk of the supreme court shall be 6 the clerk of this court ; but if the person holding that office 7 is a party to the contest, the clerk of the supreme court, or, 8 in case of that persons absence or inability, the auditor of 9 state shall be clerk , or, in the clerk of the supreme courts 10 absence or inability to act, the secretary of state. If the 11 person holding the office of secretary of state is a party to 12 the contest, the auditor of state shall be clerk . 13 Sec. 40. Section 68.9, subsection 1, Code 2023, is amended 14 to read as follows: 15 1. When an impeachment is presented, the senate shall, after 16 the hour of final adjournment of the legislature as soon as 17 practicable , be forthwith organized as a court of impeachment 18 for the trial thereof, at the capitol. 19 Sec. 41. Section 69.14, Code 2023, is amended to read as 20 follows: 21 69.14 Special election to fill vacancies. 22 1. A special election to fill a vacancy shall be held for a 23 representative in Congress, when Congress is in session or will 24 convene prior to the next general election, or for a senator or 25 representative in the general assembly, when the body in which 26 such vacancy exists is in session, or the general assembly will 27 convene prior to the next general election, and the governor 28 shall order, not later than five days from the date the vacancy 29 exists, a special election, giving not less than forty days 30 notice of such election. 31 2. In the event the special election is to fill a vacancy 32 in the general assembly while it is in session or within 33 forty-five days of the convening of any session, the time limit 34 provided in this section shall not apply and the governor shall 35 -23- LSB 2089YH (4) 90 ss/ns 23/ 31
H.F. 356 order such special election at the earliest practical time, 1 giving at least eighteen days notice of the special election. 2 Any special election called under this section must be held on 3 a Tuesday and shall not be held on the same day as a school 4 election within the district. 5 Sec. 42. Section 260C.15, subsection 5, Code 2023, is 6 amended to read as follows: 7 5. The votes cast in the election shall be canvassed and 8 abstracts of the votes cast shall be certified as required by 9 section 277.20 . In each county whose commissioner of elections 10 is the controlling commissioner for a merged area under section 11 47.2 , the county board of supervisors shall convene on the 12 second Monday or Tuesday after the day of the election to 13 canvass the abstracts of votes cast from each county in the 14 merged area, and declare the results of the voting. The 15 commissioner shall at once issue certificates of election to 16 each person declared elected, and shall certify to the merged 17 area board in substantially the manner prescribed by section 18 50.27 the result of the voting on any public question submitted 19 to the voters of the merged area. Members elected to the board 20 of directors of a merged area shall qualify by taking the oath 21 of office prescribed in section 277.28 . 22 Sec. 43. Section 277.4, subsection 4, Code 2023, is amended 23 to read as follows: 24 4. Any person on whose behalf nomination petitions have been 25 filed under this section may withdraw as a candidate by filing 26 a signed statement to that effect with the secretary consistent 27 with section 44.9 , subsection 5 . 28 Sec. 44. EFFECTIVE DATE. Except as otherwise provided, this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 Sec. 45. EFFECTIVE DATE. The following take effect January 32 1, 2024: 33 The sections of this Act amending or enacting sections of 34 chapter 53. 35 -24- LSB 2089YH (4) 90 ss/ns 24/ 31
H.F. 356 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanations substance by the members of the general assembly. 3 This bill relates to the conduct of elections. 4 The bill provides that a political party that this 5 required by statute to publish a notice of a precinct caucus 6 in a newspaper of general circulation may, in lieu of such 7 requirement, publish the notice, action, or other information 8 in its entirety on the political partys internet site, if the 9 political party maintains an internet site. 10 The bill changes the deadline for a person nominated to fill 11 a ballot vacancy to withdraw by filing a notice in the office 12 of the appropriate county commissioner of elections from 64 13 days before the date of the election to 67 days before the date 14 of the election. 15 The bill requires a person challenging the voter 16 registration of another person to post a bond, in an amount 17 to be determined by the commissioner, sufficient to cover the 18 costs of verifying the validity of the challenged voters 19 registration. If the challenged voters registration is 20 determined to be invalid, the bond shall be returned to 21 the challenger. Otherwise, the bill requires the bond 22 to be deposited in the election fund of the county of the 23 commissioner with whom the challenge was filed. 24 The bill requires a notice for an election to include the 25 date the election will be audited, the location of the audit, 26 and the hours during which the election will be audited. The 27 bill also changes the earliest date that notice of an election 28 may be published from 20 to 30 days before the date of the 29 election. 30 The bill allows a county commissioner of elections to use 31 an electronic election register in lieu of a paper register 32 if the electronic election register is a product that has 33 been certified for use in the state by the state commissioner 34 of elections. The bill directs the state commissioner of 35 -25- LSB 2089YH (4) 90 ss/ns 25/ 31
H.F. 356 elections to adopt rules regarding electronic election 1 registers. 2 The bill requires a precinct election official to publicly 3 announce the results of a canvass only upon the request of 4 a person at the precinct. Current law requires a precinct 5 election official to always publicly announce the results of 6 a canvass. 7 The bill requires the state commissioner of elections, in 8 cooperation with county commissioners of elections, to conduct 9 an unofficial canvass of election results following the closing 10 of polls for regular city, regular school, primary, and general 11 elections. Current law requires an unofficial canvass only 12 for general elections. If a county commissioner of elections 13 determines that all precincts will not report results before 14 the office is closed, the bill requires the county commissioner 15 to provide a written explanation as to why. 16 The bill removes the first Monday after an election as a 17 possible date for canvassing an election. 18 The bill changes the deadline to request a recount from 5:00 19 p.m. on the third day following the canvass of an election 20 to 5:00 p.m. on the second day following the canvass of an 21 election. The bill requires a recount request to include all 22 precincts in a county instead of only specified counties. The 23 bill also requires the request to include whether the candidate 24 requests only a machine recount or a machine recount followed 25 by a hand recount. If a candidate requests a hand recount 26 in one county, the bill requires the candidate to request a 27 hand recount in all counties in which the candidate requests 28 a recount. The bill imposes a fine of $100 for each violation 29 on a candidate who does not request a hand recount in all 30 counties in which the candidate is required to do so. The 31 state commissioner of elections shall then inform each other 32 county to be recounted that a hand recount shall be conducted. 33 The bill imposes similar requirements on recounts for public 34 measures. 35 -26- LSB 2089YH (4) 90 ss/ns 26/ 31
H.F. 356 The bill requires the county commissioner of elections to 1 notify the state commissioner of elections by electronic mail 2 when a recount is requested. If the apparent winning candidate 3 in an election for which a recount has been requested cannot be 4 contacted, the bill changes the deadline by which the county 5 commissioner of elections must contact the chairperson of the 6 political party or organization that nominated the apparent 7 winner from four days after attempting to make contact to three 8 days. 9 The bill changes the composition of recount boards based 10 on the population of the county. For a county of fewer than 11 15,000 people, the board shall consist of a designee of the 12 candidate requesting the recount, a designee of the apparent 13 winning candidate, and a person who is a precinct election 14 official selected by the chief judge of the judicial district 15 in which the canvass occurs. For a county with a population 16 between 15,000 and 49,999, the board shall consist of a 17 designee of the candidate requesting the recount, a designee 18 of the apparent winning candidate, and three persons who are 19 precinct election officials selected by the chief judge of the 20 judicial district in which the canvass occurs. For a county 21 with a population of 50,000 or greater, the board shall consist 22 of two designees of the candidate requesting the recount, two 23 designees of the apparent winning candidate, and three persons 24 who are precinct election officials selected by the chief judge 25 of the judicial district in which the canvass occurs. Members 26 appointed by the chief judge for the recount of a partisan 27 election shall not be comprised of more than one-third of 28 persons who are not members of either of the two political 29 parties whose candidates for president received the most or 30 next-most votes at the last general election for a partisan 31 election and not more than a simple majority of members 32 appointed by a chief judge shall be from the same political 33 party or organization. 34 The bill makes a similar change for recounts requested 35 -27- LSB 2089YH (4) 90 ss/ns 27/ 31
H.F. 356 in a primary election for an office for which no candidate 1 has received the required 35 percent to be nominated. Under 2 current law, the recount board consists of one person chosen 3 by the candidate requesting the recount, one person chosen by 4 the candidate receiving the highest number of votes excluding 5 the requestor, and a third person mutually agreeable to the 6 board members designated by the candidates. The bill provides 7 that the third person is instead a precinct election official 8 selected by the chief judge of the judicial district in which 9 the canvass occurs. 10 The bill requires a recount board to be convened no later 11 than 9:00 a.m. on the sixth day following the canvass of 12 the election. The commissioner shall then inform the board 13 whether the candidate requested a hand recount. The board 14 shall direct the commissioner to retabulate the ballots using 15 the automatic tabulating equipment using the same program as 16 was used to tabulate the votes on election day unless the 17 program is believed or known to be flawed. The board shall 18 recount only the ballots which were voted and counted for 19 the office in question, including disputed ballots. After 20 retabulating, the board shall compare the results to the 21 abstract prepared pursuant to the county boards canvass and 22 note any discrepancies. If the candidate requested a hand 23 recount, the bill requires the ballots to be separated into 24 categories and tabulated. The board shall then compare the 25 results of the tabulation to the results of the canvass and the 26 automatic recount. If there are discrepancies, the results of 27 the hand recount shall control. The bill then requires the 28 board to reseal and preserve the ballots. 29 At the conclusion of the recount, the bill requires the board 30 to make and file with the county commissioner of elections a 31 report of its findings, signed by a majority of the board. 32 The bill requires a recount board to include in its written 33 report following the conclusion of a recount a full tally 34 and accounting of ballots reviewed by the board. The report 35 -28- LSB 2089YH (4) 90 ss/ns 28/ 31
H.F. 356 must allow the county commissioner of elections to correct the 1 canvass of votes in the manner required by law, if applicable. 2 The board shall file its report by 17 days after the canvass of 3 an election for the offices of president and vice president, 4 by 21 days after the canvass of an election for a state office 5 or a seat in the United States Congress, and by 13 days after 6 the canvass of any other election. The bill also requires 7 the county board of elections to reconvene no later than 27 8 days following a presidential election to correct any errors 9 identified by the recount board. 10 The bill requires a petition for a recount of an election 11 for a public measure to be submitted not later than two days 12 following the canvass of the votes for the measure rather 13 than three days. The bill changes the makeup of the recount 14 board for a public measure by removing a designee named by the 15 commissioner and a person jointly selected by that person and 16 a designee named in the petition requesting the recount and 17 replacing them with two election officials selected by the 18 chief judge of the judicial district where the canvass occurs. 19 The commissioner shall convene the recount board not later than 20 9:00 a.m. on the sixth day following the county boards canvass 21 of the election in question. 22 Under current law, a county commissioner of elections may 23 conduct an administrative recount if the commissioner suspects 24 that voting equipment used in the election malfunctioned or 25 that programming errors may have affected the outcome of the 26 election, or if the precinct election officials report counting 27 errors to the commissioner. The bill allows the county 28 commissioner of elections to conduct an administrative audit if 29 such circumstances exist. The bill allows political parties, 30 defined in Code, to appoint observers to witness the audit. 31 The bill requires an absentee ballot that is mailed to a 32 voter to be enclosed in an unsealed affidavit envelope and with 33 or in an unsealed return envelope, which shall then be enclosed 34 in the delivery envelope. If the ballot cannot be folded so 35 -29- LSB 2089YH (4) 90 ss/ns 29/ 31
H.F. 356 that all the voting ovals on the ballot will be hidden, the 1 bill requires the commissioner to also send a secrecy envelope. 2 The bill requires a registered voter to subscribe to an 3 affidavit on an affidavit envelope by signing the envelope and 4 writing the voters voter verification number. The bill also 5 requires return envelopes to have printed on them the deadline 6 to return the ballot and the manner to track the status of the 7 ballot. 8 The bill strikes a requirement that an affidavit envelope 9 be considered to contain a defect if it appears to the county 10 commissioner of elections that it was signed by a person other 11 than the voter. The bill adds a requirement that an affidavit 12 envelope be considered to contain a defect if the voter 13 verification number on the envelope does not match the voter 14 verification number on file for the voter. 15 The bill requires the county commissioner of elections to 16 prepare a separate absentee ballot style for each precinct in 17 the county and program the voting system to produce reports by 18 the resident precincts of the voters for each primary election. 19 The bill repeals certain requirements regarding what 20 materials a commissioner shall include with an absentee ballot 21 and instead requires a commissioner to put the same serial 22 number on the affidavit, return, and delivery envelopes. 23 The bill requires all mailed absentee ballots to include an 24 affidavit envelope. The bill also requires the absentee and 25 special voters precinct board to reject an absentee ballot 26 if the affidavit envelope does not include the voters voter 27 verification number. 28 The bill changes the makeup of the contest court for a 29 contested gubernatorial election to include five members each 30 from the house and the senate and the majority and minority 31 leaders of each chamber. 32 The bill requires the senate to organize as a court of 33 impeachment as soon as practicable after an impeachment is 34 presented. 35 -30- LSB 2089YH (4) 90 ss/ns 30/ 31
H.F. 356 The bill changes the clerk of a court of contest for 1 presidential electors and congresspersons from the secretary 2 of state to the clerk of the supreme court. If the clerk of 3 the supreme court is absent or unable to act, the secretary of 4 state shall be the clerk of the court. For elections for state 5 officers, the bill changes the clerk of a contest court to the 6 clerk of the supreme court. If the clerk of the supreme court 7 is absent or unable to act, the secretary of state shall be the 8 clerk of the court. However, if the secretary of state is a 9 party to the contest, the auditor of state shall be the clerk 10 of the court. 11 The bill updates an internal reference regarding withdrawals 12 of candidates for school district elections. 13 The bill takes effect upon enactment, except that sections 14 amending Code chapter 53 (absent voters) take effect on January 15 1, 2024. 16 -31- LSB 2089YH (4) 90 ss/ns 31/ 31