Amendment H-1169 to HF 470
Relating to the conduct of elections, including provisions related to absentee ballots, recounts, and contested gubernatorial elections and impeachments, making penalties applicable, and including effective date provisions
Never voted on
Filed March 30, 2023 in the House by
What it changes
- Page 3, after line 18 by inserting: “Sec. ___. Section 49.84, subsection 1, paragraph c, Code 2023, is amended to read as follows: c. (1) If the precinct has automatic tabulating equipment that will not permit more than one ballot to be inserted at a time, the voter may insert the ballot into the tabulating device; otherwise, the election official shall place the ballot in the ballot box. An identifying mark or symbol shall not be endorsed on the voter’s ballot. (2) A voter shall not insert a ballot into the tabulating device or surrender a ballot to an election official to be placed in the ballot box unless one person from each political party who has been appointed to serve on a challenging committee pursuant to section 49.104, subsection 1, paragraph “b” , swears under penalty of perjury that the person has personal knowledge that the ballot was cast in secret only by the voter authorized to cast the ballot.”
- By striking page 20, line 24, through page 21, line 3, and inserting: “Sec. ___. Section 53.23, subsection 5, Code 2023, is amended to read as follows:
- a. The special precinct election board shall preserve the secrecy of all absentee and provisional ballots. After the affidavits on the affidavit envelopes have been reviewed and the qualifications of the persons casting the ballots have been determined, those that have been accepted for counting shall be opened not been rejected pursuant to section 53.25 shall be reviewed as provided in paragraph “b” . The b. After the special precinct election board has reviewed a ballot as provided in paragraph “a” and not rejected the ballot pursuant to section 53.25, one person from each political party serving as a challenger pursuant to subsection 4 shall swear under penalty of perjury that the person has personal knowledge that the ballot was cast in secret only by the voter who completed the affidavit on the envelope. Otherwise, the ballot shall be rejected. c. After the ballots have been reviewed as provided in paragraph “b” , the ballots that have not been rejected shall be removed from the affidavit envelopes or return envelopes marked with the affidavit, as applicable, without being unfolded or examined, and then shall be thoroughly intermingled, after which they shall be unfolded and tabulated. If secrecy folders or envelopes are used with provisional paper ballots, the ballots shall be removed from the secrecy folders envelopes after the ballots have been intermingled.”
- Page 21, line 11, after “kind,” by inserting “if the ballot was not cast in secret,”
- Title page, line 2, after “ballots,” by inserting “ballot secrecy,”
- By renumbering as necessary.