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HF2165 • 2026

A bill for an act relating to the casting of ballots by absent voters.

A bill for an act relating to the casting of ballots by absent voters.

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
GOLDING, LARSON, HAYES, THOMSON, DIEKEN, FETT, GERHOLD, WILLIAMS, GEARHART, THOMPSON, BRADLEY and ANDREWS
Last action
2026-01-26
Official status
Introduced, referred to State Government. H.J. 152 .
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to the casting of ballots by absent voters.

A bill for an act relating to the casting of ballots by absent voters.

What This Bill Does

  • A bill for an act relating to the casting of ballots by absent voters.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-26 Iowa Legislature

    Introduced, referred to State Government. H.J. 152 .

Official Summary Text

A bill for an act relating to the casting of ballots by absent voters.

Current Bill Text

Read the full stored bill text
House

File

2165

-

Introduced

HOUSE

FILE

2165

BY

GOLDING

,

LARSON

,

HAYES

,

THOMSON

,

DIEKEN

,

FETT

,

GERHOLD

,

WILLIAMS

,

GEARHART

,

THOMPSON

,

BRADLEY

,

and

ANDREWS

A

BILL

FOR

An

Act

relating

to

the

casting

of

ballots

by

absent

voters.

1

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

2

TLSB

5300YH

(2)

91

ss/ns

H.F.

2165

Section

1.

Section

9E.6,

subsection

2,

paragraph

b,

Code

1

2026,

is

amended

to

read

as

follows:

2

b.

The

program

participant

shall

complete

the

ballot

and

3

return

it

to

the

state

commissioner

of

elections,

who

shall

4

review

the

ballot

in

the

manner

provided

by

sections

53.18

5

and

53.19

if

the

return

envelope

is

received

in

the

state

6

commissioner’s

office

before

the

polls

close

by

5:00

p.m.

7

on

the

day

before

election

day

or

is

clearly

postmarked

by

8

an

officially

authorized

postal

service

or

bears

a

postal

9

service

barcode

traceable

to

a

date

of

entry

into

the

federal

10

mail

system

not

later

than

the

day

before

the

election,

as

11

provided

in

section

53.17A

.

If

the

materials

comply

with

the

12

requirements

of

section

53.18

,

the

materials

shall

be

certified

13

by

the

state

commissioner

of

elections

as

the

ballot

of

a

14

program

participant,

and

shall

be

forwarded

to

the

appropriate

15

county

commissioner

of

elections

for

tabulation

by

the

special

16

voters

precinct

election

board

appointed

pursuant

to

section

17

53.23

.

18

Sec.

2.

NEW

SECTION

.

53.1B

Definitions.

19

For

purposes

of

this

subchapter,

unless

the

context

20

otherwise

requires:

21

1.

“Affidavit

envelope”

means

an

envelope

that

includes

22

a

serial

number

and

bears

on

the

back

an

affidavit

for

a

23

registered

voter

to

mark

the

registered

voter’s

signature

and

24

voter

verification

number

in

a

form

prescribed

by

the

state

25

commissioner.

26

2.

“Delivery

envelope”

means

an

envelope

that

bears

on

its

27

face

the

name

and

address

of

the

registered

voter

requesting

an

28

absentee

ballot,

the

words

“county

commissioner

of

elections”,

29

and

the

same

serial

number

that

appears

on

the

affidavit

30

envelope

and

return

envelope,

but

does

not

bear

on

its

face

the

31

address

of

the

commissioner’s

office.

32

3.

“Return

envelope”

means

an

envelope

that

is

addressed

33

to

the

commissioner’s

office

and

includes

the

address

of

the

34

commissioner’s

office

in

the

space

for

a

return

address,

bears

35

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5300YH

(2)

91

ss/ns

1/

12

H.F.

2165

appropriate

return

postage

or

a

postal

permit

guaranteeing

that

1

the

commissioner

will

pay

the

return

postage,

and

includes

2

the

same

serial

number

as

the

affidavit

envelope

and

delivery

3

envelope.

4

4.

“Secrecy

envelope”

means

an

envelope,

folder,

or

sleeve

5

that

hides

all

votes

on

a

ballot

when

folded.

6

Sec.

3.

Section

53.8,

subsection

1,

paragraphs

a

and

b,

Code

7

2026,

are

amended

to

read

as

follows:

8

a.

Upon

receipt

of

an

application

for

an

absentee

ballot

9

and

immediately

after

the

absentee

ballots

are

printed,

but

not

10

more

than

twenty

days

before

the

election,

the

commissioner

11

shall

mail

an

absentee

ballot

to

the

applicant

within

12

twenty-four

hours,

except

as

otherwise

provided

in

subsection

13

3

.

The

absentee

ballot

shall

be

sent

to

the

registered

voter

14

by

one

of

the

following

methods:

enclosed

in

an

unsealed

15

affidavit

envelope.

The

absentee

ballot

and

affidavit

envelope

16

shall

be

enclosed

in

or

with

an

unsealed

return

envelope.

The

17

absentee

ballot,

affidavit

envelope,

and

return

envelope

shall

18

be

enclosed

in

the

delivery

envelope.

If

the

ballot

cannot

be

19

folded

so

that

all

the

votes

on

the

ballot

will

be

hidden,

the

20

commissioner

shall

also

enclose

a

secrecy

envelope

with

the

21

absentee

ballot.

22

(1)

The

absentee

ballot

shall

be

enclosed

in

an

unsealed

23

envelope

marked

with

a

serial

number

and

affidavit.

The

24

absentee

ballot

and

affidavit

envelope

shall

be

enclosed

in

25

or

with

an

unsealed

return

envelope

marked

postage

paid

which

26

bears

the

same

serial

number

as

the

affidavit

envelope.

The

27

absentee

ballot,

affidavit

envelope,

and

return

envelope

shall

28

be

enclosed

in

a

third

envelope

to

be

sent

to

the

registered

29

voter.

If

the

ballot

cannot

be

folded

so

that

all

of

the

votes

30

cast

on

the

ballot

will

be

hidden,

the

commissioner

shall

also

31

enclose

a

secrecy

envelope

with

the

absentee

ballot.

32

(2)

The

absentee

ballot

shall

be

enclosed

in

an

unsealed

33

return

envelope

marked

with

a

serial

number

and

affidavit

34

and

marked

postage

paid.

The

absentee

ballot

and

return

35

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5300YH

(2)

91

ss/ns

2/

12

H.F.

2165

envelope

shall

be

enclosed

in

a

second

envelope

to

be

sent

1

to

the

registered

voter.

If

the

ballot

cannot

be

folded

so

2

that

all

of

the

votes

cast

on

the

ballot

will

be

hidden,

the

3

commissioner

shall

also

enclose

a

secrecy

envelope

with

the

4

absentee

ballot.

5

b.

The

affidavit

shall

be

marked

on

the

appropriate

envelope

6

in

a

form

prescribed

by

the

state

commissioner

of

elections

7

registered

voter

requesting

and

receiving

an

absentee

ballot

8

shall

subscribe

to

the

affidavit

by

signing

and

marking

the

9

registered

voter’s

voter

verification

number

on

the

affidavit

10

envelope

.

11

Sec.

4.

Section

53.10,

subsection

2,

paragraph

a,

Code

2026,

12

is

amended

to

read

as

follows:

13

a.

Each

person

who

wishes

to

vote

by

absentee

ballot

at

14

the

commissioner’s

office

shall

first

sign

an

application

15

for

a

ballot

including

the

following

information:

name,

16

current

address,

voter

verification

number,

and

the

election

17

for

which

the

ballot

is

requested.

The

person

may

report

a

18

change

of

address

or

other

information

on

the

person’s

voter

19

registration

record

at

that

time.

Prior

to

furnishing

a

20

ballot,

the

commissioner

shall

verify

the

person’s

identity

21

as

provided

in

section

49.78

.

The

registered

voter

shall

22

immediately

mark

the

ballot;

enclose

the

ballot

in

a

secrecy

23

envelope,

if

necessary,

and

seal

it

the

ballot

in

the

envelope

24

marked

with

the

affidavit

envelope

;

subscribe

to

the

affidavit

25

on

the

reverse

side

of

the

envelope

by

signing

and

marking

the

26

registered

voter’s

voter

verification

number

;

and

return

the

27

sealed

affidavit

envelope

containing

the

absentee

ballot

to

28

the

commissioner.

The

commissioner

shall

record

the

numbers

29

appearing

on

the

application

and

affidavit

envelope

along

with

30

the

name

of

the

registered

voter.

31

Sec.

5.

Section

53.12,

Code

2026,

is

amended

by

striking

the

32

section

and

inserting

in

lieu

thereof

the

following:

33

53.12

Duty

of

commissioner.

34

The

commissioner

shall

affix

to

the

application

the

same

35

-3-

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5300YH

(2)

91

ss/ns

3/

12

H.F.

2165

serial

number

that

appears

on

the

affidavit

envelope,

return

1

envelope,

and

delivery

envelope.

2

Sec.

6.

Section

53.16,

Code

2026,

is

amended

by

striking

the

3

section

and

inserting

in

lieu

thereof

the

following:

4

53.16

Subscribing

to

affidavit.

5

After

marking

the

ballot,

the

voter

shall

enclose

the

ballot

6

in

a

secrecy

envelope,

if

necessary,

and

seal

the

ballot

in

7

the

affidavit

envelope;

subscribe

to

the

affidavit

by

signing

8

and

marking

the

registered

voter’s

voter

verification

number;

9

place

the

sealed

affidavit

envelope

in

the

return

envelope;

and

10

securely

seal

the

return

envelope.

11

Sec.

7.

Section

53.17,

subsection

1,

unnumbered

paragraph

12

1,

Code

2026,

is

amended

to

read

as

follows:

13

If

the

commissioner

mailed

the

ballot

pursuant

to

section

14

53.8,

subsection

1

,

paragraph

“a”

,

subparagraph

(1),

the

sealed

15

envelope

bearing

the

voter’s

affidavit

and

containing

the

16

absentee

ballot

shall

be

enclosed

in

a

return

envelope

which

17

shall

be

securely

sealed.

If

the

commissioner

mailed

the

18

ballot

pursuant

to

section

53.8,

subsection

1

,

paragraph

“a”

,

19

subparagraph

(2),

the

absentee

ballot

shall

be

enclosed

in

the

20

return

envelope

which

shall

be

securely

sealed.

The

sealed

21

return

envelope

shall

be

returned

to

the

commissioner

by

one

of

22

the

following

methods:

23

Sec.

8.

Section

53.17,

subsection

1,

paragraph

a,

Code

2026,

24

is

amended

to

read

as

follows:

25

a.

The

sealed

return

envelope

may

be

delivered

by

the

26

registered

voter,

by

the

voter’s

designee,

or

by

the

special

27

precinct

election

officials

designated

pursuant

to

section

28

53.22,

subsection

2

,

to

the

commissioner’s

office

no

later

29

than

the

time

the

polls

are

closed

5:00

p.m.

on

the

day

before

30

election

day.

However,

if

delivered

by

the

voter’s

designee,

31

the

envelope

shall

be

delivered

within

seventy-two

hours

of

32

retrieving

it

from

the

voter

or

by

5:00

p.m.

on

the

day

before

33

the

closing

of

the

polls

on

election

day,

whichever

is

earlier.

34

Sec.

9.

Section

53.17,

subsection

1,

paragraph

c,

35

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12

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2165

unnumbered

paragraph

1,

Code

2026,

is

amended

to

read

as

1

follows:

2

The

sealed

return

envelope

may

be

delivered

by

a

person

not

3

prohibited

to

collect

and

deliver

a

completed

ballot

pursuant

4

to

section

53.33

to

a

ballot

drop

box

established

by

the

5

commissioner

no

later

than

the

time

the

polls

are

closed

5:00

6

p.m.

on

the

day

before

election

day.

However,

if

delivered

by

7

the

voter’s

designee,

the

envelope

shall

be

delivered

within

8

seventy-two

hours

of

retrieving

it

from

the

voter

or

before

the

9

closing

of

the

polls

on

election

day,

whichever

is

earlier.

A

10

commissioner

is

not

required

to

establish

a

ballot

drop

box.

A

11

ballot

drop

box

must

meet

all

of

the

following

requirements:

12

Sec.

10.

Section

53.17,

subsection

2,

Code

2026,

is

amended

13

to

read

as

follows:

14

2.

In

order

for

the

ballot

to

be

counted,

the

return

15

envelope

must

be

received

in

the

commissioner’s

office

by

5:00

16

p.m.

on

the

day

before

the

polls

close

on

election

day.

17

Sec.

11.

Section

53.17,

subsection

4,

paragraph

e,

Code

18

2026,

is

amended

to

read

as

follows:

19

e.

A

statement

that

the

completed

absentee

ballot

will

be

20

delivered

to

the

commissioner’s

office

within

seventy-two

hours

21

of

retrieving

it

from

the

voter

or

before

the

closing

of

by

22

5:00

p.m.

on

the

polls

on

day

before

election

day,

whichever

23

is

earlier.

24

Sec.

12.

Section

53.17A,

subsection

3,

Code

2026,

is

amended

25

to

read

as

follows:

26

3.

a.

An

absentee

ballot

received

after

the

polls

close

27

on

election

day

but

prior

to

the

official

canvass

shall

be

28

counted

if

the

commissioner

determines

that

the

ballot

entered

29

the

federal

mail

system

by

the

deadline

specified

in

section

30

53.17

or

53.22

.

The

date

of

entry

of

such

an

absentee

ballot

31

into

the

federal

mail

system

shall

only

be

verified

as

provided

32

in

paragraph

“b”

5:00

p.m.

on

the

day

before

election

day

shall

33

not

be

counted

.

34

b.

(1)

If

the

postmark

indicates

that

the

absentee

ballot

35

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12

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2165

entered

the

federal

mail

system

by

the

deadline

specified

1

in

section

53.17

or

53.22

,

the

ballot

shall

be

included

for

2

canvass

by

the

absentee

and

special

voters

precinct

board.

3

(2)

If

the

postmark

is

illegible,

missing,

or

dated

on

or

4

after

election

day,

the

commissioner

shall

attempt

to

verify

5

the

ballot’s

date

of

entry

into

the

federal

mail

system

by

6

querying

the

postal

service

barcode

in

the

tracking

information

7

database.

If

the

tracking

information

database

indicates

that

8

the

absentee

ballot

entered

the

federal

mail

system

by

the

9

deadline

specified

in

section

53.17

or

53.22

,

the

ballot

shall

10

be

included

for

canvass

by

the

absentee

and

special

voters

11

precinct

board.

The

commissioner

shall

provide

a

report

to

12

the

absentee

and

special

voters

precinct

board

regarding

the

13

information

available

in

the

tracking

information

database.

14

(3)

If

there

is

a

discrepancy

between

the

date

indicated

by

15

the

postmark

and

the

postal

service

barcode,

the

earlier

of

the

16

two

shall

determine

the

date

of

entry

of

the

absentee

ballot

17

into

the

federal

mail

system.

18

(4)

(a)

If

neither

the

postmark

nor

the

postal

service

19

barcode

indicates

that

the

absentee

ballot

entered

the

federal

20

mail

system

by

the

deadline

specified

in

section

53.17

or

21

53.22

,

the

absentee

ballot

shall

be

sent

to

the

absentee

22

and

special

voters

precinct

board

pursuant

to

subparagraph

23

division

(b)

with

the

numeric

value

assigned

to

the

postal

24

service

barcode

and

a

full

report

from

the

tracking

information

25

database.

26

(b)

Up

to

five

absentee

and

special

voters

precinct

board

27

members

from

each

political

party

for

partisan

elections,

28

or

any

two

members

of

the

board

for

nonpartisan

elections,

29

shall

review

the

postal

service

barcode

and

tracking

database

30

information

report

of

each

absentee

ballot

submitted

pursuant

31

to

subparagraph

division

(a)

and

certify

that

the

tracking

32

information

database

report

corresponds

to

the

absentee

ballot

33

by

initialing

the

report

and

the

absentee

ballot

envelope.

34

If

the

board

concludes

that

the

postal

service

barcode

and

35

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tracking

information

database

report

verify

that

the

absentee

1

ballot

entered

the

federal

mail

system

by

the

deadline

2

specified

in

section

53.17

or

53.22

,

the

ballot

shall

be

3

counted.

Otherwise,

the

ballot

shall

not

be

counted.

4

Sec.

13.

Section

53.18,

subsections

2

and

3,

Code

2026,

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

voter’s

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

34

been

signed

by

someone

other

than

the

registered

voter,

in

35

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comparing

the

signature

on

the

envelope

to

the

signature

on

1

record

of

the

registered

voter

named

on

the

envelope

,

or

if

2

the

voter

verification

number

provided

does

not

match

the

3

voter

verification

number

associated

with

the

voter’s

voter

4

registration

.

A

signature

or

marking

made

in

accordance

5

with

section

39.3,

subsection

17

,

shall

not

be

considered

a

6

defect

for

purposes

of

this

section

.

The

voter

may

request

7

a

replacement

ballot

in

person,

in

writing,

or

over

the

8

telephone.

The

same

serial

number

that

was

assigned

to

the

9

records

of

the

original

absentee

ballot

application

shall

be

10

used

on

the

envelope

envelopes

and

records

of

the

replacement

11

ballot.

The

affidavit

envelope

marked

with

the

affidavit

and

12

containing

the

completed

replacement

ballot

shall

be

marked

13

“Replacement

ballot”.

The

affidavit

envelope

marked

with

the

14

affidavit

and

containing

the

original

ballot

shall

be

marked

15

“Defective”

and

the

“Defective”.

The

replacement

ballot

shall

16

be

attached

to

such

the

affidavit

envelope

containing

the

17

original

ballot

and

shall

be

stored

in

a

secure

place

until

18

they

are

delivered

to

the

absentee

and

special

voters

precinct

19

board,

notwithstanding

sections

53.26

and

53.27

.

20

Sec.

14.

Section

53.21,

subsection

2,

paragraph

b,

Code

21

2026,

is

amended

to

read

as

follows:

22

b.

The

voter

shall

enclose

one

copy

of

the

above

statement

23

in

the

return

envelope

along

with

the

affidavit

envelope,

if

24

the

voter

was

mailed

a

separate

affidavit

envelope,

and

shall

25

retain

a

copy

for

the

voter’s

records.

26

Sec.

15.

Section

53.22,

subsection

6,

paragraph

b,

Code

27

2026,

is

amended

to

read

as

follows:

28

b.

Absentee

ballots

voted

under

this

subsection

shall

be

29

delivered

to

the

commissioner

no

later

than

the

time

the

polls

30

are

closed

on

election

day.

If

the

ballot

is

returned

by

mail

,

31

the

return

envelope

must

be

received

by

the

time

the

polls

32

close,

or

be

clearly

postmarked

by

an

officially

authorized

33

postal

service

or

bear

a

postal

service

barcode

traceable

to

a

34

date

of

entry

into

the

federal

mail

system

not

later

than

the

35

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day

before

the

election,

as

provided

in

section

53.17A

,

and

1

received

by

the

commissioner

no

later

than

the

time

established

2

for

the

canvass

by

the

board

of

supervisors

for

that

election

3

5:00

p.m.

on

the

day

before

election

day

.

4

Sec.

16.

Section

53.23,

subsection

3,

paragraph

b,

5

subparagraph

(1),

Code

2026,

is

amended

to

read

as

follows:

6

(1)

The

commissioner

may

direct

the

board

to

meet

on

the

day

7

before

the

election

for

the

purpose

of

reviewing

the

absentee

8

voters’

affidavits

appearing

on

the

sealed

envelopes.

If

in

9

the

commissioner’s

judgment

this

procedure

is

necessary

due

10

to

the

number

of

absentee

ballots

received,

the

members

of

11

the

board

may

open

the

sealed

affidavit

envelopes

and

remove

12

the

secrecy

envelope

containing

the

ballot,

but

under

no

13

circumstances

shall

a

secrecy

envelope

or

a

return

an

affidavit

14

envelope

marked

with

an

affidavit

be

opened

before

the

board

15

convenes

on

election

day,

except

as

provided

in

paragraph

16

“c”

.

If

the

affidavit

envelopes

are

opened

before

election

17

day

pursuant

to

this

paragraph

“b”

,

the

observers

appointed

18

by

each

political

party,

as

defined

in

section

43.2

,

shall

19

witness

the

proceedings.

Each

political

party

may

appoint

up

20

to

five

observers

under

this

paragraph

“b”

.

The

observers

21

shall

be

appointed

by

the

county

chairperson

or,

if

the

22

county

chairperson

fails

to

make

an

appointment,

by

the

state

23

chairperson.

However,

if

either

or

both

political

parties

fail

24

to

appoint

an

observer,

the

commissioner

may

continue

with

the

25

proceedings.

26

Sec.

17.

Section

53.23,

subsection

5,

Code

2026,

is

amended

27

to

read

as

follows:

28

5.

The

special

precinct

election

board

shall

preserve

the

29

secrecy

of

all

absentee

and

provisional

ballots.

After

the

30

affidavits

on

the

affidavit

envelopes

have

been

reviewed

and

31

the

qualifications

of

the

persons

casting

the

ballots

have

been

32

determined,

those

that

have

been

accepted

for

counting

shall

33

be

opened.

The

ballots

shall

be

removed

from

the

affidavit

34

envelopes

or

return

envelopes

marked

with

the

affidavit,

as

35

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applicable,

without

being

unfolded

or

examined,

and

then

shall

1

be

thoroughly

intermingled,

after

which

they

shall

be

unfolded

2

and

tabulated.

If

secrecy

folders

or

envelopes

are

used

with

3

provisional

paper

ballots,

the

ballots

shall

be

removed

from

4

the

secrecy

folders

envelopes

after

the

ballots

have

been

5

intermingled.

6

Sec.

18.

Section

53.25,

subsection

1,

paragraph

a,

Code

7

2026,

is

amended

to

read

as

follows:

8

a.

If

the

absentee

voter’s

affidavit

lacks

the

voter’s

9

signature

or

voter

verification

number

,

if

the

applicant

is

10

not

a

duly

registered

voter

on

election

day

in

the

precinct

11

where

the

absentee

ballot

was

cast,

if

the

affidavit

envelope

12

marked

with

the

affidavit

contains

more

than

one

ballot

of

any

13

one

kind,

or

if

the

voter

has

voted

in

person,

such

vote

shall

14

be

rejected

by

the

absentee

and

special

voters

precinct

board.

15

If

the

affidavit

envelope

or

return

envelope

marked

with

the

16

affidavit

is

open,

or

has

been

opened

and

resealed,

or

if

the

17

ballot

is

not

enclosed

in

such

the

affidavit

envelope,

and

an

18

affidavit

envelope

or

return

envelope

marked

with

the

affidavit

19

with

the

same

serial

number

and

marked

“Replacement

ballot”

is

20

not

attached

as

provided

in

section

53.18

,

the

ballot

shall

be

21

rejected

by

the

absentee

and

special

voters

precinct

board.

22

Sec.

19.

Section

53.25,

subsection

2,

Code

2026,

is

amended

23

to

read

as

follows:

24

2.

If

the

absentee

or

provisional

ballot

is

rejected

prior

25

to

the

opening

of

the

affidavit

envelope

or

return

envelope

26

marked

with

the

affidavit

,

the

voter

casting

the

ballot

shall

27

be

notified

by

a

precinct

election

official

by

the

time

the

28

canvass

is

completed

of

the

reason

for

the

rejection

on

a

form

29

prescribed

by

the

state

commissioner

of

elections.

30

Sec.

20.

Section

53.30,

subsection

2,

Code

2026,

is

amended

31

to

read

as

follows:

32

2.

At

the

conclusion

of

each

meeting

of

the

absentee

and

33

special

voters

precinct

board,

the

board

shall

securely

seal

34

all

ballots

counted

by

them

in

the

manner

prescribed

in

section

35

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50.12

.

The

ballot

envelopes,

including

the

affidavit

envelope

1

if

an

affidavit

envelope

was

provided

,

the

return

envelope,

and

2

secrecy

envelope

bearing

the

signatures

of

precinct

election

3

officials,

as

required

by

section

53.23

,

shall

be

preserved.

4

All

applications

for

absentee

ballots,

ballots

rejected

without

5

being

opened,

absentee

ballot

logs,

and

any

other

documents

6

pertaining

to

the

absentee

ballot

process

shall

be

preserved

7

until

such

time

as

the

documents

may

be

destroyed

pursuant

to

8

section

50.19

.

9

Sec.

21.

Section

53.32,

Code

2026,

is

amended

to

read

as

10

follows:

11

53.32

Ballot

of

deceased

voter.

12

When

it

shall

be

made

to

appear

by

due

proof

to

the

precinct

13

election

officials

that

any

elector,

who

has

so

marked

and

14

forwarded

a

ballot,

has

died

before

the

envelope

marked

with

15

the

affidavit

affidavit

envelope

is

opened,

then

the

ballot

of

16

such

deceased

voter

shall

be

endorsed,

“Rejected

because

voter

17

is

dead”,

and

be

returned

to

the

commissioner.

The

casting

18

of

the

ballot

of

a

deceased

voter

shall

not

invalidate

the

19

election.

20

Sec.

22.

Section

53.44,

subsection

2,

Code

2026,

is

amended

21

to

read

as

follows:

22

2.

In

order

for

the

ballot

to

be

counted,

the

return

23

envelope

must

be

received

in

the

commissioner’s

office

before

24

the

polls

close

on

election

day

or

be

clearly

postmarked

by

an

25

officially

authorized

postal

service

or

bear

a

postal

service

26

barcode

traceable

to

a

date

of

entry

into

the

federal

mail

27

system

not

later

than

the

day

before

the

election

,

as

provided

28

in

section

53.17A

,

and

received

by

the

commissioner

not

later

29

than

noon

on

the

Monday

following

the

election.

30

EXPLANATION

31

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

32

the

explanation’s

substance

by

the

members

of

the

general

assembly.

33

This

bill

relates

to

the

casting

of

ballots

by

absent

voters.

34

The

bill

requires

an

absentee

ballot

that

is

mailed

to

a

35

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voter

to

be

enclosed

in

an

unsealed

affidavit

envelope

and

1

with

or

in

an

unsealed

return

envelope,

which

shall

then

be

2

enclosed

in

the

delivery

envelope,

which

shall

not

include

a

3

return

address.

If

the

ballot

cannot

be

folded

so

that

all

4

the

votes

on

the

ballot

will

be

hidden,

the

bill

requires

5

the

commissioner

to

also

send

a

secrecy

envelope.

The

bill

6

requires

a

registered

voter

to

subscribe

to

an

affidavit

on

7

an

affidavit

envelope

by

signing

the

envelope

and

writing

the

8

voter’s

voter

verification

number.

9

The

bill

adds

a

requirement

that

an

affidavit

envelope

be

10

considered

to

contain

a

defect

if

the

voter

verification

number

11

on

the

envelope

does

not

match

the

voter

verification

number

12

on

file

for

the

voter.

13

The

bill

strikes

certain

requirements

regarding

what

14

materials

a

commissioner

shall

include

with

an

absentee

ballot

15

and

instead

requires

a

commissioner

to

put

the

same

serial

16

number

on

the

affidavit,

return,

and

delivery

envelopes.

17

The

bill

requires

all

mailed

absentee

ballots

to

include

an

18

affidavit

envelope.

The

bill

also

requires

the

absentee

and

19

special

voters

precinct

board

to

reject

an

absentee

ballot

20

if

the

affidavit

envelope

does

not

include

the

voter’s

voter

21

verification

number.

22

The

bill

changes

the

timeline

for

the

return

of

absentee

23

ballots.

The

bill

requires

absentee

ballots

to

be

delivered

24

to

the

office

of

the

county

commissioner

of

elections

by

25

5:00

p.m.

on

the

day

before

election

day.

Under

current

26

law,

absentee

ballots

must

be

delivered

to

the

office

of

the

27

county

commissioner

of

elections

not

later

than

the

time

polls

28

close

on

election

day.

This

change

does

not

apply

to

absentee

29

ballots

of

confined

persons

delivered

other

than

by

mail

or

to

30

absentee

ballots

of

members

of

the

U.S.

armed

forces.

31

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