Senate Study Bill 3161 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON SCHULTZ)
A BILL FOR
1 An Act relating to the duties of the secretary of state,
2 including the address confidentiality program and the
3 conduct of elections.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 ADDRESS CONFIDENTIALITY PROGRAM
3 Section 1. Section 9E.3, subsection 1, paragraphs e and f,
4 Code 2024, are amended to read as follows:
5 e. The residential address of the eligible person,
6 disclosure of which could lead to an increased risk of domestic
7 abuse, domestic abuse assault, sexual abuse, assault, stalking,
8 or human trafficking. If the eligible person’s residential
9 address is a shelter known to the program, the applicant may
10 provide the shelter’s name and other contact information in
11 lieu of the shelter’s physical address.
12 f. If mail cannot be delivered to the residential address of
13 the eligible person, the address to which mail can be sent to
14 the eligible person. If the eligible person’s mailing address
15 is a shelter known to the program, the applicant may provide
16 the shelter’s name and other contact information in lieu of the
17 shelter’s physical address.
18 Sec. 2. Section 9E.4, subsection 2, Code 2024, is amended
19 to read as follows:
20 2. The secretary shall cancel a program participant’s
21 certification if the for any of the following reasons:
22 a. The program participant’s application contains false
23 information.
24 b. The secretary receives information from a reliable source
25 that the program participant has died.
26 Sec. 3. Section 9E.5, subsection 3, Code 2024, is amended
27 to read as follows:
28 3. The secretary shall forward all mail sent to the
29 designated address to the program participant. At the request
30 of the program participant, the secretary may hold the program
31 participant’s mail for up to thirty days.
32 DIVISION II
33 CANDIDATE ELIGIBILITY OBJECTIONS
34 Sec. 4. Section 43.18, subsection 9, Code 2024, is amended
35 to read as follows:
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1 9. A For a candidate for an office other than a federal
2 office, a statement that the candidate is aware that the
3 candidate is disqualified from holding office if the candidate
4 has been convicted of a felony or other infamous crime and the
5 candidate’s rights have not been restored by the governor or by
6 the president of the United States.
7 Sec. 5. Section 43.24, subsection 1, Code 2024, is amended
8 by adding the following new paragraph:
9 NEW PARAGRAPH. c. Objections to the eligibility of a
10 candidate for a federal office shall not be sustained unless
11 the objection is limited to the legal sufficiency of the
12 nomination petition or certificate of nomination, or to the
13 residency, age, or citizenship requirements as described in the
14 Constitution of the United States.
15 Sec. 6. Section 44.3, subsection 2, paragraph i, Code 2024,
16 is amended to read as follows:
17 i. A For a candidate for an office other than a federal
18 office, a statement that the candidate is aware that the
19 candidate is disqualified from holding office if the candidate
20 has been convicted of a felony or other infamous crime and the
21 candidate’s rights have not been restored by the governor or by
22 the president of the United States.
23 Sec. 7. Section 44.6, Code 2024, is amended to read as
24 follows:
25 44.6 Hearing before state commissioner.
26 Objections filed with the state commissioner shall be
27 considered by the secretary of state and auditor of state and
28 attorney general, and a majority decision shall be final.
29 However, if the objection is to the certificate of nomination
30 of one or more of the above named officers, the officer or
31 officers objected to shall not pass upon the objection, but
32 their places shall be filled, respectively, by the treasurer
33 of state, the governor, and the secretary of agriculture.
34 Objections relating to incorrect or incomplete information
35 for information that is required under section 44.3 shall be
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1 sustained. Objections to the eligibility of a candidate for
2 a federal office shall not be sustained unless the objection
3 is limited to the legal sufficiency of the nomination petition
4 or certificate of nomination, or to the residency, age, or
5 citizenship requirements as described in the Constitution of
6 the United States.
7 Sec. 8. Section 45.3, subsection 9, Code 2024, is amended
8 to read as follows:
9 9. A For a candidate for an office other than a federal
10 office, a statement that the candidate is aware that the
11 candidate is disqualified from holding office if the candidate
12 has been convicted of a felony or other infamous crime and the
13 candidate’s rights have not been restored by the governor or by
14 the president of the United States.
15 Sec. 9. Section 54.5, Code 2024, is amended by adding the
16 following new subsection:
17 NEW SUBSECTION. 5. An objection to a nomination made under
18 this section on any grounds other than the legal sufficiency
19 of the certificate of nomination shall not be sustained. The
20 certificate of nomination shall be presumed valid.
21 DIVISION III
22 RANKED CHOICE VOTING
23 Sec. 10. Section 49.93, Code 2024, is amended to read as
24 follows:
25 49.93 Number of votes for each office.
26 1. For an office to which one person is to be elected, a
27 voter shall not vote for more than one candidate. If two or
28 more persons are to be elected to an office, the voter shall
29 vote for no more than the number of persons to be elected. If a
30 person votes for more than the permitted number of candidates,
31 the vote for that office shall not count. Valid votes cast on
32 the rest of the ballot shall be counted.
33 2. a. An election in this state shall not be conducted
34 using ranked choice voting or instant runoff voting.
35 b. For the purposes of this section, “ranked choice voting”
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1 or “instant runoff voting” means a method of casting and
2 tabulating votes in which a voter ranks candidates in order of
3 preference, tabulation of ballots proceeds in rounds such that
4 in each round either a candidate is elected or the candidate
5 receiving the fewest votes is defeated, votes are transferred
6 from elected or defeated candidates to a voter’s next-ranked
7 candidate in order of preference, and tabulation ends when a
8 candidate receives the majority of votes cast or the number of
9 candidates elected equals the number of offices to be filled,
10 as applicable.
11 DIVISION IV
12 ABSENT VOTERS
13 Sec. 11. Section 39A.4, subsection 1, paragraph c,
14 subparagraphs (10) and (11), Code 2024, are amended to read as
15 follows:
16 (10) Returning a voted absentee ballot by mail, to a ballot
17 drop box, or in person, to the commissioner’s office and the
18 person returning the ballot is a person prohibited to collect
19 and deliver a completed ballot pursuant to section 53.33.
20 (11) Making a false or untrue statement reporting that
21 a voted absentee ballot was returned to the commissioner’s
22 office, by mail or in person, or to a ballot drop box, by a
23 person prohibited to collect and deliver a completed ballot
24 pursuant to section 53.33.
25 Sec. 12. NEW SECTION. 53.1B Definitions.
26 For purposes of this subchapter, unless the context
27 otherwise requires:
28 1. “Affidavit envelope” means an envelope that includes
29 a serial number and bears on the back an affidavit for a
30 registered voter to mark the registered voter’s signature and
31 voter verification number in a form prescribed by the state
32 commissioner.
33 2. “Delivery envelope” means an envelope that bears on its
34 face the name and address of the registered voter requesting an
35 absentee ballot, the words “county commissioner of elections”,
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1 the address of the commissioner’s office, and the same serial
2 number that appears on the affidavit envelope and return
3 envelope.
4 3. “Return envelope” means an envelope that is addressed
5 to the commissioner’s office, bears appropriate return postage
6 or a postal permit guaranteeing that the commissioner will pay
7 the return postage, and includes the same serial number as the
8 affidavit envelope and delivery envelope.
9 4. “Secrecy envelope” means an envelope, folder, or sleeve
10 that hides all voting ovals on a ballot when folded.
11 Sec. 13. Section 53.4, subsection 1, paragraph c,
12 subparagraph (2), Code 2024, is amended by striking the
13 subparagraph.
14 Sec. 14. Section 53.8, subsection 1, Code 2024, 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
18 not more than twenty twenty-two days before the election, the
19 commissioner shall mail an absentee ballot to the applicant
20 within twenty-four hours, except as otherwise provided in
21 subsection 3. The absentee ballot shall be sent to the
22 registered voter by one of the following methods: enclosed
23 in an unsealed affidavit envelope. The absentee ballot and
24 affidavit envelope shall be enclosed in or with an unsealed
25 return envelope. The absentee ballot, affidavit envelope, and
26 return envelope shall be enclosed in the delivery envelope. If
27 the ballot cannot be folded so that all the voting ovals on the
28 ballot will be hidden, the commissioner shall also enclose a
29 secrecy envelope 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 absentee ballot, affidavit envelope, and return envelope shall
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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 voter’s 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. 15. Section 53.8, subsection 2, paragraph a, Code 2024,
28 is amended to read as follows:
29 a. The commissioner shall enclose with the absentee ballot
30 a statement informing the applicant that the sealed return
31 envelope may be mailed to the commissioner by the registered
32 voter or a person not prohibited to collect and deliver a
33 completed ballot pursuant to section 53.33, may be returned to
34 a drop box established by the commissioner pursuant to section
35 53.17, subsection 1, by the registered voter or a person not
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1 prohibited to collect and deliver a completed ballot pursuant
2 to section 53.33, only if the commissioner has established
3 such a drop box, or may be personally delivered to the
4 commissioner’s office by the registered voter or a person not
5 prohibited to collect and deliver a completed ballot pursuant
6 to section 53.33. The statement shall also inform the voter
7 that the voter may request that the person not prohibited to
8 collect and deliver a completed ballot pursuant to section
9 53.33 complete a receipt when retrieving the ballot from the
10 voter. A blank receipt shall be enclosed with the absentee
11 ballot.
12 Sec. 16. Section 53.10, subsection 1, Code 2024, is amended
13 to read as follows:
14 1. Not more than twenty twenty-two days before the date of
15 the primary election or the general election, the commissioner
16 shall provide facilities for absentee voting in person at the
17 commissioner’s office. This service shall also be provided
18 for other elections as soon as the ballots are ready, but in
19 no case shall absentee ballots be available under this section
20 more than twenty twenty-two days before an election.
21 Sec. 17. Section 53.10, subsection 2, paragraph a, Code
22 2024, is amended to read as follows:
23 a. Each person who wishes to vote by absentee ballot at
24 the commissioner’s office shall first sign an application for
25 a ballot including the following information: name, current
26 address, voter verification number, and the election for which
27 the ballot is requested. The person may report a change of
28 address or other information on the person’s voter registration
29 record at that time. Prior to furnishing a ballot, the
30 commissioner shall verify the person’s identity as provided
31 in section 49.78. The registered voter shall immediately
32 mark the ballot; enclose the ballot in a secrecy envelope,
33 if necessary, and seal it the ballot in the envelope marked
34 with the affidavit envelope; subscribe to the affidavit on
35 the reverse side of the envelope by signing and marking the
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1 registered voter’s voter verification number; and return the
2 sealed affidavit envelope containing the absentee ballot to
3 the commissioner. The commissioner shall record the numbers
4 appearing on the application and affidavit envelope along with
5 the name of the registered voter.
6 Sec. 18. Section 53.11, subsection 1, paragraph a, Code
7 2024, is amended to read as follows:
8 a. Not more than twenty twenty-two days before the date
9 of an election, satellite absentee voting stations shall be
10 established upon receipt of a petition signed by not less than
11 one hundred eligible electors requesting that a satellite
12 absentee voting station be established at a location to be
13 described on the petition. However, if a special election is
14 scheduled in the county on a date that falls between the date
15 of the regular city election and the date of the city runoff
16 election, the commissioner is not required to establish a
17 satellite absentee voting station for the city runoff election.
18 Sec. 19. Section 53.12, Code 2024, is amended by striking
19 the section and inserting in lieu thereof the following:
20 53.12 Duty of commissioner.
21 The commissioner shall affix to the application the same
22 serial number that appears on the affidavit envelope, return
23 envelope, and delivery envelope.
24 Sec. 20. Section 53.16, Code 2024, is amended by striking
25 the section and inserting in lieu thereof the following:
26 53.16 Subscribing to affidavit.
27 After marking the ballot, the voter shall enclose the ballot
28 in a secrecy envelope, if necessary, and seal the ballot in
29 the affidavit envelope; subscribe to the affidavit by signing
3