Amendment S-5124 to HF 2486
Relating to the conduct of elections, including emergency powers, procedures relating to electors, and the use of a county seal on materials related to elections
Failed · June 10, 2020
Filed June 10, 2020 in the Senate by Sen. Pam Jochum (D)
What it changes
AI summary This amendment replaces the previous version of the bill to change the rules for handling incomplete or defective absentee ballot envelopes. It updates the deadlines and procedures for notifying voters about missing signatures and provides new rules for how voters in healthcare facilities can request absentee ballots. Additionally, it changes the requirements for county seals used in elections, allowing them to use the word "auditor" instead of "treasurer" if the seal is modified.1
Read the amendment’s wording
- By striking page 1, line 4, through page 30, line 33, and inserting: Sec. ___. Section 53.18, subsections 2 and 3, Code 2020, are amended to read as follows:
- a. If the commissioner receives the return envelope containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness. If the affidavit is incomplete, the commissioner shall, within twenty-four hours of the time the envelope was received, notify the voter of that fact and that the voter may complete the affidavit in person at the office of the commissioner by 5:00 p.m. on the day before the election, vote a replacement ballot in the manner and within the time period provided in subsection 3 , or appear at the voter’s precinct polling place on election day and cast a ballot in accordance with section 53.19, subsection 3 . If the affidavit lacks the signature of the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. b. If the commissioner receives the return envelope containing the completed absentee ballot after the deadline in paragraph “a” , the commissioner shall submit the affidavit -1- S5117.4287 (4) 88 js/jh 1/ 5 to the absentee and special voters precinct board for review. If the absentee and special voters precinct determines that the affidavit is incomplete, the commissioner shall, within twenty-four hours of the determination, notify the voter. If the affidavit lacks the signature of the registered voter, the commissioner shall notify the voter that the voter may complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election.
- If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2 . For the purposes of this section , a return envelope marked with the affidavit shall be considered to contain a defect if it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A signature or marking made in accordance with section 39.3, subsection 17 , shall not be considered a defect for purposes of this section . The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope and records of the replacement ballot. The envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The envelope marked with the affidavit and containing the original ballot shall be marked “Defective” -2- S5117.4287 (4) 88 js/jh 2/ 5 and the replacement ballot shall be attached to such envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27 . Sec. ___. Section 53.18, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
- For the purposes of this section, a return envelope marked with the affidavit shall be considered incomplete if the affidavit lacks the registered voter’s signature. A signature or marking made in accordance with section 39.3, subsection 17, shall not cause an affidavit to be considered incomplete. Sec. ___. Section 53.22, subsection 3, Code 2020, is amended to read as follows:
- Any registered voter who becomes a patient, tenant, or resident of a hospital, assisted living program, or health care facility in the county where the voter is registered to vote within three days prior to the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day may request an absentee ballot during that period or on election day. As an alternative to the application procedure prescribed by section 53.2 , the registered voter may make the request directly to the officers who are delivering and returning absentee ballots under this section . Alternatively, the request may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, these officers shall deliver the appropriate absentee ballot to the registered voter in the manner prescribed by this section . Sec. ___. Section 53.22, subsection 6, paragraph a, Code 2020, is amended to read as follows: a. If the registered voter becomes a patient, tenant, or resident of a hospital, assisted living program, or health -3- S5117.4287 (4) 88 js/jh 3/ 5 care facility outside the county where the voter is registered to vote within three days before the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day, the voter may designate a person to deliver and return the absentee ballot. The designee may be any person the voter chooses except that no candidate for any office to be voted upon for the election for which the ballot is requested may deliver a ballot under this subsection . The request for an absentee ballot may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, the ballot shall be delivered by mail or by the person designated by the voter. An application form shall be included with the absentee ballot and shall be signed by the voter and returned with the ballot. Sec. ___. Section 331.552, subsection 4, Code 2020, is amended to read as follows:
- a. Keep the official county seal provided by the county. The official seal shall be an impression seal on the face of which shall appear the name of the county, the word “county” which may be abbreviated, the word “treasurer” which may be abbreviated, and the word “Iowa”. A county shall have only one official county seal. b. Notwithstanding paragraph “a” , the county commissioner of elections may use a facsimile of the official county seal or a modified facsimile of the official county seal for the purposes of election duties set forth in sections 43.36 and 49.51, and section 49.57, subsection
- If modified, the county seal shall contain the name of the county, the word “county”, which may be abbreviated, the word “auditor”, which may be abbreviated, and the word “Iowa”.”
- Title page, by striking line 1 and inserting “An Act relating to the conduct of elections, including the use of absentee ballots and the placement of a county seal on -4- S5117.4287 (4) 88 js/jh 4/ 5 materials related to elections.”
- By renumbering, redesignating, and correcting internal references as necessary.”
- By renumbering as necessary.