Senate Study Bill 3161 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SCHULTZ) 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. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6288XC (3) 90 ss/ns
S.F. _____ 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 DIVISION II 32 CANDIDATE ELIGIBILITY OBJECTIONS 33 Sec. 4. Section 43.18, subsection 9, Code 2024, is amended 34 to read as follows: 35 -1- LSB 6288XC (3) 90 ss/ns 1/ 19
S.F. _____ 9. A For a candidate for an office other than a federal 1 office, a statement that the candidate is aware that the 2 candidate is disqualified from holding office if the candidate 3 has been convicted of a felony or other infamous crime and the 4 candidates rights have not been restored by the governor or by 5 the president of the United States. 6 Sec. 5. Section 43.24, subsection 1, Code 2024, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. Objections to the eligibility of a 9 candidate for a federal office shall not be sustained unless 10 the objection is limited to the legal sufficiency of the 11 nomination petition or certificate of nomination, or to the 12 residency, age, or citizenship requirements as described in the 13 Constitution of the United States. 14 Sec. 6. Section 44.3, subsection 2, paragraph i, Code 2024, 15 is amended to read as follows: 16 i. A For a candidate for an office other than a federal 17 office, a statement that the candidate is aware that the 18 candidate is disqualified from holding office if the candidate 19 has been convicted of a felony or other infamous crime and the 20 candidates rights have not been restored by the governor or by 21 the president of the United States. 22 Sec. 7. Section 44.6, Code 2024, is amended to read as 23 follows: 24 44.6 Hearing before state commissioner. 25 Objections filed with the state commissioner shall be 26 considered by the secretary of state and auditor of state and 27 attorney general, and a majority decision shall be final. 28 However, if the objection is to the certificate of nomination 29 of one or more of the above named officers, the officer or 30 officers objected to shall not pass upon the objection, but 31 their places shall be filled, respectively, by the treasurer 32 of state, the governor, and the secretary of agriculture. 33 Objections relating to incorrect or incomplete information 34 for information that is required under section 44.3 shall be 35 -2- LSB 6288XC (3) 90 ss/ns 2/ 19
S.F. _____ sustained. Objections to the eligibility of a candidate for 1 a federal office shall not be sustained unless the objection 2 is limited to the legal sufficiency of the nomination petition 3 or certificate of nomination, or to the residency, age, or 4 citizenship requirements as described in the Constitution of 5 the United States. 6 Sec. 8. Section 45.3, subsection 9, Code 2024, is amended 7 to read as follows: 8 9. A For a candidate for an office other than a federal 9 office, a statement that the candidate is aware that the 10 candidate is disqualified from holding office if the candidate 11 has been convicted of a felony or other infamous crime and the 12 candidates rights have not been restored by the governor or by 13 the president of the United States. 14 Sec. 9. Section 54.5, Code 2024, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5. An objection to a nomination made under 17 this section on any grounds other than the legal sufficiency 18 of the certificate of nomination shall not be sustained. The 19 certificate of nomination shall be presumed valid. 20 DIVISION III 21 RANKED CHOICE VOTING 22 Sec. 10. Section 49.93, Code 2024, is amended to read as 23 follows: 24 49.93 Number of votes for each office. 25 1. For an office to which one person is to be elected, a 26 voter shall not vote for more than one candidate. If two or 27 more persons are to be elected to an office, the voter shall 28 vote for no more than the number of persons to be elected. If a 29 person votes for more than the permitted number of candidates, 30 the vote for that office shall not count. Valid votes cast on 31 the rest of the ballot shall be counted. 32 2. a. An election in this state shall not be conducted 33 using ranked choice voting or instant runoff voting. 34 b. For the purposes of this section, ranked choice voting 35 -3- LSB 6288XC (3) 90 ss/ns 3/ 19
S.F. _____ or instant runoff voting means a method of casting and 1 tabulating votes in which a voter ranks candidates in order of 2 preference, tabulation of ballots proceeds in rounds such that 3 in each round either a candidate is elected or the candidate 4 receiving the fewest votes is defeated, votes are transferred 5 from elected or defeated candidates to a voters next-ranked 6 candidate in order of preference, and tabulation ends when a 7 candidate receives the majority of votes cast or the number of 8 candidates elected equals the number of offices to be filled, 9 as applicable. 10 DIVISION IV 11 ABSENT VOTERS 12 Sec. 11. Section 39A.4, subsection 1, paragraph c, 13 subparagraphs (10) and (11), Code 2024, are amended to read as 14 follows: 15 (10) Returning a voted absentee ballot by mail , to a ballot 16 drop box, or in person , to the commissioners office and the 17 person returning the ballot is a person prohibited to collect 18 and deliver a completed ballot pursuant to section 53.33 . 19 (11) Making a false or untrue statement reporting that 20 a voted absentee ballot was returned to the commissioners 21 office, by mail or in person, or to a ballot drop box, by a 22 person prohibited to collect and deliver a completed ballot 23 pursuant to section 53.33 . 24 Sec. 12. NEW SECTION . 53.1B Definitions. 25 For purposes of this subchapter, unless the context 26 otherwise requires: 27 1. Affidavit envelope means an envelope that includes 28 a serial number and bears on the back an affidavit for a 29 registered voter to mark the registered voters signature and 30 voter verification number in a form prescribed by the state 31 commissioner. 32 2. Delivery envelope means an envelope that bears on its 33 face the name and address of the registered voter requesting an 34 absentee ballot, the words county commissioner of elections, 35 -4- LSB 6288XC (3) 90 ss/ns 4/ 19
S.F. _____ the address of the commissioners office, and the same serial 1 number that appears on the affidavit envelope and return 2 envelope. 3 3. Return envelope means an envelope that is addressed 4 to the commissioners office, bears appropriate return postage 5 or a postal permit guaranteeing that the commissioner will pay 6 the return postage, and includes the same serial number as the 7 affidavit envelope and delivery envelope. 8 4. Secrecy envelope means an envelope, folder, or sleeve 9 that hides all voting ovals on a ballot when folded. 10 Sec. 13. Section 53.4, subsection 1, paragraph c, 11 subparagraph (2), Code 2024, is amended by striking the 12 subparagraph. 13 Sec. 14. Section 53.8, subsection 1, Code 2024, is amended 14 to read as follows: 15 1. a. Upon receipt of an application for an absentee ballot 16 and immediately after the absentee ballots are printed, but 17 not more than twenty twenty-two days before the election, the 18 commissioner shall mail an absentee ballot to the applicant 19 within twenty-four hours, except as otherwise provided in 20 subsection 3 . The absentee ballot shall be sent to the 21 registered voter by one of the following methods: enclosed 22 in an unsealed affidavit envelope. The absentee ballot and 23 affidavit envelope shall be enclosed in or with an unsealed 24 return envelope. The absentee ballot, affidavit envelope, and 25 return envelope shall be enclosed in the delivery envelope. If 26 the ballot cannot be folded so that all the voting ovals on the 27 ballot will be hidden, the commissioner shall also enclose a 28 secrecy envelope with the absentee ballot. 29 (1) The absentee ballot shall be enclosed in an unsealed 30 envelope marked with a serial number and affidavit. The 31 absentee ballot and affidavit envelope shall be enclosed in 32 or with an unsealed return envelope marked postage paid which 33 bears the same serial number as the affidavit envelope. The 34 absentee ballot, affidavit envelope, and return envelope shall 35 -5- LSB 6288XC (3) 90 ss/ns 5/ 19
S.F. _____ be enclosed in a third envelope to be sent to the registered 1 voter. If the ballot cannot be folded so that all of the votes 2 cast on the ballot will be hidden, the commissioner shall also 3 enclose a secrecy envelope with the absentee ballot. 4 (2) The absentee ballot shall be enclosed in an unsealed 5 return envelope marked with a serial number and affidavit 6 and marked postage paid. The absentee ballot and return 7 envelope shall be enclosed in a second envelope to be sent 8 to the registered voter. If the ballot cannot be folded so 9 that all of the votes cast on the ballot will be hidden, the 10 commissioner shall also enclose a secrecy envelope with the 11 absentee ballot. 12 b. The affidavit shall be marked on the appropriate envelope 13 in a form prescribed by the state commissioner of elections 14 registered voter requesting and receiving an absentee ballot 15 shall subscribe to the affidavit by signing and marking the 16 registered voters voter verification number on the affidavit 17 envelope . 18 c. All domestic return envelope flaps or backs shall also 19 be printed or stamped with a notice of the deadline to return a 20 completed absentee ballot and the manner to track the status of 21 the ballot in a form prescribed by the state commissioner. 22 c. d. For envelopes mailed at any election other than the 23 primary election, the commissioner shall not mark any envelope 24 with any information related to the party affiliation of the 25 applicant. 26 Sec. 15. Section 53.8, subsection 2, paragraph a, Code 2024, 27 is amended to read as follows: 28 a. The commissioner shall enclose with the absentee ballot 29 a statement informing the applicant that the sealed return 30 envelope may be mailed to the commissioner by the registered 31 voter or a person not prohibited to collect and deliver a 32 completed ballot pursuant to section 53.33 , may be returned to 33 a drop box established by the commissioner pursuant to section 34 53.17, subsection 1 , by the registered voter or a person not 35 -6- LSB 6288XC (3) 90 ss/ns 6/ 19
S.F. _____ prohibited to collect and deliver a completed ballot pursuant 1 to section 53.33 , only if the commissioner has established 2 such a drop box, or may be personally delivered to the 3 commissioners office by the registered voter or a person not 4 prohibited to collect and deliver a completed ballot pursuant 5 to section 53.33 . The statement shall also inform the voter 6 that the voter may request that the person not prohibited to 7 collect and deliver a completed ballot pursuant to section 8 53.33 complete a receipt when retrieving the ballot from the 9 voter. A blank receipt shall be enclosed with the absentee 10 ballot. 11 Sec. 16. Section 53.10, subsection 1, Code 2024, is amended 12 to read as follows: 13 1. Not more than twenty twenty-two days before the date of 14 the primary election or the general election, the commissioner 15 shall provide facilities for absentee voting in person at the 16 commissioners office. This service shall also be provided 17 for other elections as soon as the ballots are ready, but in 18 no case shall absentee ballots be available under this section 19 more than twenty twenty-two days before an election. 20 Sec. 17. Section 53.10, subsection 2, paragraph a, Code 21 2024, is amended to read as follows: 22 a. Each person who wishes to vote by absentee ballot at 23 the commissioners office shall first sign an application for 24 a ballot including the following information: name, current 25 address, voter verification number, and the election for which 26 the ballot is requested. The person may report a change of 27 address or other information on the persons voter registration 28 record at that time. Prior to furnishing a ballot, the 29 commissioner shall verify the persons identity as provided 30 in section 49.78 . The registered voter shall immediately 31 mark the ballot; enclose the ballot in a secrecy envelope, 32 if necessary, and seal it the ballot in the envelope marked 33 with the affidavit envelope ; subscribe to the affidavit on 34 the reverse side of the envelope by signing and marking the 35 -7- LSB 6288XC (3) 90 ss/ns 7/ 19
S.F. _____ registered voters voter verification number ; and return the 1 sealed affidavit envelope containing the absentee ballot to 2 the commissioner. The commissioner shall record the numbers 3 appearing on the application and affidavit envelope along with 4 the name of the registered voter. 5 Sec. 18. Section 53.11, subsection 1, paragraph a, Code 6 2024, is amended to read as follows: 7 a. Not more than twenty twenty-two days before the date 8 of an election, satellite absentee voting stations shall be 9 established upon receipt of a petition signed by not less than 10 one hundred eligible electors requesting that a satellite 11 absentee voting station be established at a location to be 12 described on the petition. However, if a special election is 13 scheduled in the county on a date that falls between the date 14 of the regular city election and the date of the city runoff 15 election, the commissioner is not required to establish a 16 satellite absentee voting station for the city runoff election. 17 Sec. 19. Section 53.12, Code 2024, is amended by striking 18 the section and inserting in lieu thereof the following: 19 53.12 Duty of commissioner. 20 The commissioner shall affix to the application the same 21 serial number that appears on the affidavit envelope, return 22 envelope, and delivery envelope. 23 Sec. 20. Section 53.16, Code 2024, is amended by striking 24 the section and inserting in lieu thereof the following: 25 53.16 Subscribing to affidavit. 26 After marking the ballot, the voter shall enclose the ballot 27 in a secrecy envelope, if necessary, and seal the ballot in 28 the affidavit envelope; subscribe to the affidavit by signing 29 and marking the registered voters voter verification number; 30 place the sealed affidavit envelope in the return envelope; and 31 securely seal the return envelope. 32 Sec. 21. Section 53.17, subsection 1, unnumbered paragraph 33 1, Code 2024, is amended to read as follows: 34 If the commissioner mailed the ballot pursuant to section 35 -8- LSB 6288XC (3) 90 ss/ns 8/ 19
S.F. _____ 53.8, subsection 1 , paragraph a , subparagraph (1), the sealed 1 envelope bearing the voters affidavit and containing the 2 absentee ballot shall be enclosed in a return envelope which 3 shall be securely sealed. If the commissioner mailed the 4 ballot pursuant to section 53.8, subsection 1 , paragraph a , 5 subparagraph (2), the absentee ballot shall be enclosed in the 6 return envelope which shall be securely sealed. The sealed 7 return envelope shall be returned to the commissioner by one of 8 the following methods: 9 Sec. 22. Section 53.17, subsection 1, paragraph a, Code 10 2024, is amended to read as follows: 11 a. The sealed return envelope may be delivered by the 12 registered voter, by the voters designee, or by the special 13 precinct election officials designated pursuant to section 14 53.22, subsection 2 , to the commissioners office no later 15 than the time the polls are closed on election day. However, 16 if delivered by the voters designee, the envelope shall be 17 delivered within seventy-two hours of retrieving it from the 18 voter or by the close of business on the day before the closing 19 of the polls on election day, whichever is earlier. 20 Sec. 23. Section 53.17, subsection 1, paragraph c, Code 21 2024, is amended by striking the paragraph. 22 Sec. 24. Section 53.17, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. In order for the ballot to be counted, the return 25 envelope must be received in the commissioners office by the 26 close of business on the day before the polls close on election 27 day. 28 Sec. 25. Section 53.17, subsection 4, paragraph f, Code 29 2024, is amended to read as follows: 30 f. A statement that the completed absentee ballot will be 31 delivered to the commissioners office within seventy-two hours 32 of retrieving it from the voter or by the close of business 33 on the day before the closing of the polls on election day, 34 whichever is earlier, or that the completed absentee ballot 35 -9- LSB 6288XC (3) 90 ss/ns 9/ 19
S.F. _____ will be mailed to the commissioner within seventy-two hours of 1 retrieving it from the voter. 2 Sec. 26. Section 53.17A, subsection 3, paragraph a, Code 3 2024, is amended to read as follows: 4 a. An absentee ballot received after the polls close 5 close of business on the day before election day but prior 6 to the official canvass shall be counted if the commissioner 7 determines that the ballot entered the federal mail system by 8 the deadline specified in section 53.17 or 53.22 . The date of 9 entry of such an absentee ballot into the federal mail system 10 shall only be verified as provided in paragraph b . 11 Sec. 27. Section 53.18, subsections 2 and 3, Code 2024, are 12 amended to read as follows: 13 2. If the commissioner receives the return envelope 14 containing the completed absentee ballot by 5:00 p.m. on the 15 Saturday before the election for general elections and by 5:00 16 p.m. on the Friday before the election for all other elections, 17 the commissioner shall review the affidavit marked on the 18 return envelope, if applicable, for completeness or shall open 19 the return envelope to review the affidavit for completeness 20 open the return envelope, if applicable, and review the 21 affidavit marked on the affidavit envelope for completeness . 22 If the affidavit lacks the signature or voter verification 23 number of the registered voter, the commissioner shall, within 24 twenty-four hours of the receipt of the envelope, notify the 25 voter of the deficiency and inform the voter that the voter may 26 vote a replacement ballot as provided in subsection 3 , cast a 27 ballot as provided in section 53.19, subsection 3 , or complete 28 the affidavit in person at the office of the commissioner not 29 later than the time polls close of business on the day before 30 election day. 31 3. If the affidavit envelope or the return envelope marked 32 with the affidavit contains a defect that would cause the 33 absentee ballot to be rejected by the absentee and special 34 voters precinct board, the commissioner shall immediately 35 -10- LSB 6288XC (3) 90 ss/ns 10/ 19
S.F. _____ notify the voter of that fact and that the voters absentee 1 ballot shall not be counted unless the voter requests and 2 returns a replacement ballot in the time permitted under 3 section 53.17, subsection 2 . For the purposes of this section , 4 a return an affidavit envelope marked with the affidavit 5 shall be considered to contain a defect if it appears to 6 the commissioner that the signature on the envelope has been 7 signed by someone other than the registered voter, in comparing 8 the signature on the envelope to the signature on record of 9 the registered voter named on the envelope. A signature or 10 marking made in accordance with section 39.3, subsection 11 17 , shall not be considered a defect for purposes of this 12 section the voter verification number provided does not match 13 the voter verification number associated with the voters 14 voter registration . The voter may request a replacement 15 ballot in person, in writing, or over the telephone. The 16 same serial number that was assigned to the records of the 17 original absentee ballot application shall be used on the 18 envelope envelopes and records of the replacement ballot. The 19 affidavit envelope marked with the affidavit and containing 20 the completed replacement ballot shall be marked Replacement 21 ballot. The affidavit envelope marked with the affidavit and 22 containing the original ballot shall be marked Defective and 23 the Defective. The replacement ballot shall be attached to 24 such the affidavit envelope containing the original ballot and 25 shall be stored in a secure place until they are delivered to 26 the absentee and special voters precinct board, notwithstanding 27 sections 53.26 and 53.27 . 28 Sec. 28. Section 53.19, subsection 1, Code 2024, is amended 29 to read as follows: 30 1. The commissioner shall maintain a list of the absentee 31 ballots provided to registered voters, the serial number 32 appearing on the unsealed envelope, the date the application 33 for the absentee ballot was received, the date the absentee 34 ballot was sent to the registered voter requesting the absentee 35 -11- LSB 6288XC (3) 90 ss/ns 11/ 19
S.F. _____ ballot, the date the absentee ballot was received by the 1 commissioner, the date the absentee ballot outer envelope was 2 opened, and whether the ballot was delivered by mail , or in 3 person, to a ballot drop box, or cast in person at a satellite 4 location. The information under this subsection shall be 5 reported separately at the same time as the information 6 reported under section 53.30, subsection 3 . 7 Sec. 29. Section 53.21, subsection 2, paragraph b, Code 8 2024, is amended to read as follows: 9 b. The voter shall enclose one copy of the above statement 10 in the return envelope along with the affidavit envelope, if 11 the voter was mailed a separate affidavit envelope, and shall 12 retain a copy for the voters records. 13 Sec. 30. Section 53.23, subsection 3, paragraph b, 14 subparagraph (1), Code 2024, is amended to read as follows: 15 (1) The commissioner may direct the board to meet on the day 16 before the election for the purpose of reviewing the absentee 17 voters affidavits appearing on the sealed envelopes. If in 18 the commissioners judgment this procedure is necessary due 19 to the number of absentee ballots received, the members of 20 the board may open the sealed affidavit envelopes and remove 21 the secrecy envelope containing the ballot, but under no 22 circumstances shall a secrecy envelope or a return an affidavit 23 envelope marked with an affidavit be opened before the board 24 convenes on election day, except as provided in paragraph 25 c . If the affidavit envelopes are opened before election 26 day pursuant to this paragraph b , the observers appointed 27 by each political party, as defined in section 43.2 , shall 28 witness the proceedings. Each political party may appoint up 29 to five observers under this paragraph b . The observers 30 shall be appointed by the county chairperson or, if the 31 county chairperson fails to make an appointment, by the state 32 chairperson. However, if either or both political parties fail 33 to appoint an observer, the commissioner may continue with the 34 proceedings. 35 -12- LSB 6288XC (3) 90 ss/ns 12/ 19
S.F. _____ Sec. 31. Section 53.23, subsection 5, Code 2024, is amended 1 to read as follows: 2 5. The special precinct election board shall preserve the 3 secrecy of all absentee and provisional ballots. After the 4 affidavits on the affidavit envelopes have been reviewed and 5 the qualifications of the persons casting the ballots have been 6 determined, those that have been accepted for counting shall 7 be opened. The ballots shall be removed from the affidavit 8 envelopes or return envelopes marked with the affidavit, as 9 applicable, without being unfolded or examined, and then shall 10 be thoroughly intermingled, after which they shall be unfolded 11 and tabulated. If secrecy folders or envelopes are used with 12 provisional paper ballots, the ballots shall be removed from 13 the secrecy folders envelopes after the ballots have been 14 intermingled. 15 Sec. 32. Section 53.25, subsection 1, paragraph a, Code 16 2024, is amended to read as follows: 17 a. If the absentee voters affidavit lacks the voters 18 signature or voter verification number , if the applicant is 19 not a duly registered voter on election day in the precinct 20 where the absentee ballot was cast, if the affidavit envelope 21 marked with the affidavit contains more than one ballot of any 22 one kind, or if the voter has voted in person, such vote shall 23 be rejected by the absentee and special voters precinct board. 24 If the affidavit envelope or return envelope marked with the 25 affidavit is open, or has been opened and resealed, or if the 26 ballot is not enclosed in such the affidavit envelope, and an 27 affidavit envelope or return envelope marked with the affidavit 28 with the same serial number and marked Replacement ballot is 29 not attached as provided in section 53.18 , the ballot shall be 30 rejected by the absentee and special voters precinct board. 31 Sec. 33. Section 53.25, subsection 2, Code 2024, is amended 32 to read as follows: 33 2. If the absentee or provisional ballot is rejected prior 34 to the opening of the affidavit envelope or return envelope 35 -13- LSB 6288XC (3) 90 ss/ns 13/ 19
S.F. _____ marked with the affidavit , the voter casting the ballot shall 1 be notified by a precinct election official by the time the 2 canvass is completed of the reason for the rejection on a form 3 prescribed by the state commissioner of elections. 4 Sec. 34. Section 53.30, subsection 2, Code 2024, is amended 5 to read as follows: 6 2. At the conclusion of each meeting of the absentee and 7 special voters precinct board, the board shall securely seal 8 all ballots counted by them in the manner prescribed in section 9 50.12 . The ballot envelopes, including the affidavit envelope 10 if an affidavit envelope was provided , the return envelope, and 11 secrecy envelope bearing the signatures of precinct election 12 officials, as required by section 53.23 , shall be preserved. 13 All applications for absentee ballots, ballots rejected without 14 being opened, absentee ballot logs, and any other documents 15 pertaining to the absentee ballot process shall be preserved 16 until such time as the documents may be destroyed pursuant to 17 section 50.19 . 18 Sec. 35. Section 53.32, Code 2024, is amended to read as 19 follows: 20 53.32 Ballot of deceased voter. 21 When it shall be made to appear by due proof to the precinct 22 election officials that any elector, who has so marked and 23 forwarded a ballot, has died before the envelope marked with 24 the affidavit affidavit envelope is opened, then the ballot of 25 such deceased voter shall be endorsed, Rejected because voter 26 is dead, and be returned to the commissioner. The casting 27 of the ballot of a deceased voter shall not invalidate the 28 election. 29 Sec. 36. Section 53.33, subsection 7, paragraph a, Code 30 2024, is amended to read as follows: 31 a. Deliver the completed absentee ballot in person to the 32 commissioners office. The delivery agent shall not deliver 33 the completed absentee ballot by mail or to a ballot drop box . 34 DIVISION V 35 -14- LSB 6288XC (3) 90 ss/ns 14/ 19
S.F. _____ PERSONS PERMITTED IN VOTING BOOTHS 1 Sec. 37. Section 49.88, subsection 3, Code 2024, is amended 2 to read as follows: 3 3. A person standing for election on the ballot before a 4 voter shall not occupy commits a violation of this section by 5 occupying the voting booth with the voter, including to assist 6 the voter. 7 DIVISION VI 8 VOTER REGISTRATION DATABASE PILOT PROGRAM 9 Sec. 38. NEW SECTION . 47.7A Statewide voter registration 10 database verification pilot program. 11 1. A statewide voter registration database verification 12 pilot program is established within the office of the state 13 registrar as follows: 14 a. The state registrar shall contract with a third-party 15 vendor to develop or provide a program to allow the state 16 registrar to verify the status of records in the statewide 17 voter registration file and identify ineligible voters on an 18 ongoing basis. 19 b. During the first quarter of the calendar year 2025, 20 the state registrar shall utilize the program developed or 21 provided by the third-party vendor to verify the status of 22 records in the statewide voter registration file. The state 23 registrar shall forward the results of the analysis to each 24 county commissioner of registration prior to the date reports 25 are required to be submitted pursuant to section 48A.40. Each 26 county commissioner of registration shall cancel or mark 27 records inactive according to the results of the analysis and 28 as required by sections 48A.28 through 48A.30. 29 c. The state registrar shall evaluate the efficacy and 30 cost of the pilot program as compared to the current method 31 of verifying the list of voters in the statewide voter 32 registration file. 33 2. This section is repealed December 31, 2027. 34 DIVISION VII 35 -15- LSB 6288XC (3) 90 ss/ns 15/ 19
S.F. _____ COUNTY HOSPITAL BOARD OF TRUSTEES 1 Sec. 39. Section 347.9, subsection 3, Code 2024, is amended 2 by striking the subsection. 3 Sec. 40. TRANSITION. This division of this Act does not 4 alter the term of office of a trustee elected to a county 5 public hospital board of trustees prior to the effective date 6 of this division of this Act. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 This bill relates to duties of the secretary of state, 11 including the address confidentiality program and the conduct 12 of elections. The bill is organized in divisions. 13 DIVISION I ADDRESS CONFIDENTIALITY PROGRAM. This 14 division relates to the address confidentiality program, which 15 provides mail forwarding services to persons who are victims of 16 domestic abuse, domestic abuse assault, sexual abuse, assault, 17 stalking, or human trafficking, or who fear for their own 18 safety or the safety of a household member. The bill allows 19 the secretary of state to accept as a program participants 20 mailing address the name and other contact information of 21 a shelter in lieu of the shelters physical address, to 22 cancel a deceased participants certification, and to hold a 23 participants mail for up to 30 days at the request of the 24 participant. 25 DIVISION II CANDIDATE ELIGIBILITY OBJECTIONS. This 26 division relates to the nomination of candidates for federal 27 office. The bill exempts candidates for federal office from 28 the requirement that a candidate sign a statement that the 29 candidate is aware that the candidate is disqualified from 30 holding office if the candidate has been convicted of a felony 31 or other infamous crime and the candidates rights have not 32 been restored by the governor or by the president of the United 33 States. The bill limits objections to the eligibility of a 34 candidate for a federal office that may be filed with the 35 -16- LSB 6288XC (3) 90 ss/ns 16/ 19
S.F. _____ state commissioner of elections to objections to the legal 1 sufficiency of the nomination petition or certificate of 2 election, or to the residency, age, or citizenship requirements 3 as described in the United States Constitution. With 4 respect to nominations for president or vice president of the 5 United States, the bill allows objections only to the legal 6 sufficiency of the certificate of nomination. The certificate 7 of nomination shall be presumed valid. 8 DIVISION III RANKED CHOICE VOTING. This division relates 9 to the use of ranked choice and instant runoff voting for 10 elections in this state. The bill prohibits ranked choice and 11 instant runoff voting, defined in the bill as a system in which 12 voters rank multiple candidates for a single office in order of 13 preference and candidates are eliminated and votes transferred 14 between candidates in a series of rounds, from being used to 15 cast or tabulate ballots in any election in this state. 16 DIVISION IV ABSENT VOTERS. This division relates to 17 the casting of ballots by absent voters. The bill strikes 18 provisions allowing a county commissioner of elections to 19 establish drop boxes to which a person can return an absentee 20 ballot. 21 The bill requires an absentee ballot that is mailed to a 22 voter to be enclosed in an unsealed affidavit envelope and with 23 or in an unsealed return envelope, which shall then be enclosed 24 in the delivery envelope. If the ballot cannot be folded so 25 that all the voting ovals on the ballot will be hidden, the 26 bill requires the commissioner to also send a secrecy envelope. 27 The bill requires a registered voter to subscribe to an 28 affidavit on an affidavit envelope by signing the envelope and 29 writing the voters voter verification number. The bill also 30 requires return envelopes to have printed on them the deadline 31 to return the ballot and the manner to track the status of the 32 ballot. 33 The bill strikes a requirement that an affidavit envelope 34 be considered to contain a defect if it appears to the county 35 -17- LSB 6288XC (3) 90 ss/ns 17/ 19
S.F. _____ commissioner of elections that it was signed by a person other 1 than the voter. The bill adds a requirement that an affidavit 2 envelope be considered to contain a defect if the voter 3 verification number on the envelope does not match the voter 4 verification number on file for the voter. 5 The bill repeals certain requirements regarding what 6 materials a commissioner shall include with an absentee ballot 7 and instead requires a commissioner to put the same serial 8 number on the affidavit, return, and delivery envelopes. 9 The bill requires all mailed absentee ballots to include an 10 affidavit envelope. The bill also requires the absentee and 11 special voters precinct board to reject an absentee ballot 12 if the affidavit envelope does not include the voters voter 13 verification number. 14 The bill changes the timeline for the mailing and return 15 of absentee ballots. The bill allows a county commissioner 16 of elections to mail absentee ballots to voters beginning 17 22 days before an election and requires absentee ballots to 18 be delivered to the office of the county commissioner of 19 elections by the close of business on the day before election 20 day. Under current law, county commissioners of elections may 21 mail absentee ballots beginning 20 days before an election and 22 absentee ballots must be delivered to the office of the county 23 commissioner of elections not later than the time polls close 24 on election day. 25 DIVISION V PERSONS PERMITTED IN VOTING BOOTHS. This 26 division amends the subsection of Code section 49.88 27 (limitation on persons in booth and time for voting) 28 prohibiting a person standing for election on the ballot before 29 a voter from occupying the voting booth with the voter to say 30 that the candidate violates Code section 49.88 by occupying the 31 voting booth with the voter. 32 DIVISION VI VOTER REGISTRATION DATABASE PILOT PROGRAM. 33 This division requires the state registrar of voters to 34 contract with a third-party vendor to develop or provide a 35 -18- LSB 6288XC (3) 90 ss/ns 18/ 19
S.F. _____ program to allow the state registrar to verify the status of 1 records in the statewide voter registration file and identify 2 ineligible voters on an ongoing basis. During the first 3 quarter of 2025, the bill requires the state registrar of 4 voters to utilize the program developed or provided by the 5 third-party vendor to verify the status of records in the 6 statewide voter registration file. The state registrar shall 7 forward the results of the analysis to each county commissioner 8 of registration prior to the date that county commissioners 9 of registration are required to submit voter list maintenance 10 reports. The bill requires the state registrar of voters to 11 evaluate the efficacy and cost of the pilot program as compared 12 to the current method of maintaining the statewide voter 13 registration database. The pilot program is repealed effective 14 December 31, 2027. 15 DIVISION VII COUNTY HOSPITAL BOARD OF TRUSTEES. This 16 division strikes a provision setting the term length for 17 persons elected to a county hospital board of trustees in a 18 county with a population of at least 400,000 to six years, 19 returning the term length to four years. The bill does not 20 affect the term of office of a trustee elected to a county 21 public hospital board of trustees prior to July 1, 2024. 22 -19- LSB 6288XC (3) 90 ss/ns 19/ 19