53.17A Absentee ballot tracking.
1. For the purposes of this chapter:
a. “Postal service barcode” means a barcode purchased by the sender and supplied by the United States postal service that is used to sort and track letters and flat packages and is printed on an absentee ballot return envelope at the direction of the commissioner before the envelope is sent to the voter.
b. “Tracking information database” means a database administered by the United States postal service that is accessible to the commissioner and contains information regarding letters or flat packages.
2. The state commissioner shall adopt rules regarding the statewide implementation of a postal service barcode and tracking information database, including procedures to be followed when usage of a postal service barcode or the tracking information database is negatively impacted. Each commissioner shall use a postal service barcode and tracking information database consistent with rules of the state commissioner. Every commissioner shall send notice to the state commissioner and implement the use of a postal service barcode and tracking information database prior to October 1, 2020.
3. a. An absentee ballot received after the polls close on election day but prior to the official canvass shall be counted if the commissioner determines that the ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22. The date of entry of such an absentee ballot into the federal mail system shall only be verified as provided in paragraph “b”.
b. (1) If the postmark indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be included for canvass by the absentee and special voters precinct board.
(2) If the postmark is illegible, missing, or dated on or after election day, the commissioner shall attempt to verify the ballot’s date of entry into the federal mail system by querying the postal service barcode in the tracking information database. If the tracking information database indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be included for canvass by the absentee and special voters precinct board. The commissioner shall provide a report to the absentee and special voters precinct board regarding the information available in the tracking information database.
(3) If there is a discrepancy between the date indicated by the postmark and the postal service barcode, the earlier of the two shall determine the date of entry of the absentee ballot into the federal mail system.
(4) (a) If neither the postmark nor the postal service barcode indicates that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the absentee ballot shall be sent to the absentee and special voters precinct board pursuant to subparagraph division (b) with the numeric value assigned to the postal service barcode and a full report from the tracking information database.
(b) Up to five absentee and special voters precinct board members from each political party for partisan elections, or any two members of the board for nonpartisan elections, shall review the postal service barcode and tracking database information report of each absentee ballot submitted pursuant to subparagraph division (a) and certify that the tracking information database report corresponds to the absentee ballot by initialing the report and the absentee ballot envelope. If the board concludes that the postal service barcode and tracking information database report verify that the absentee ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22, the ballot shall be counted. Otherwise, the ballot shall not be counted.
4. The state commissioner shall by February 26, 2024, include on the state commissioner’s internet site an application through which a voter can track the voter’s absentee ballot request form and absentee ballot. The application shall provide all of the following information:
a. Whether the voter returned a ballot in person, by mail, or by voting in person at a satellite location.
b. The date the absentee ballot request form was received by the county commissioner.
c. The date the absentee ballot was mailed or given to the voter.
d. The date the absentee ballot was received by the county commissioner.
e. The date the county commissioner opened the outer envelope.
f. Whether there is a problem with the absentee ballot request form or absentee ballot that requires correction by the voter, along with instructions for the voter to contact the county commissioner as soon as possible to resolve the issue.
2019 Acts, ch 148, §67; 2021 Acts, ch 12, §57, 73; 2021 Acts, ch 147, §42, 54
Referred to in §9E.6, 53.22, 53.44, 53.49
Subsection 2, paragraphs a and b stricken and former paragraph c redesignated as an unnumbered paragraph.
NEW subsection 4
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Section 53.1 - Right to vote — conditions.
Section 53.2 - Application for ballot.
Section 53.3 - Requirements for certain absentee ballot applications — prescribed form — receipt.
Section 53.4 - Absentee ballots — reports.
Section 53.7 - Solicitation by public employees.
Section 53.9 - Prohibited persons.
Section 53.10 - Absentee voting at the commissioner’s office.
Section 53.11 - Satellite absentee voting stations.
Section 53.12 - Duty of commissioner.
Section 53.13 - Voter’s affidavit on envelope.
Section 53.14 - Party affiliation.
Section 53.15 - Marking ballot.
Section 53.16 - Subscribing to affidavit.
Section 53.17 - Mailing or delivering ballot.
Section 53.17A - Absentee ballot tracking.
Section 53.19 - Listing absentee ballots.
Section 53.20 - Special precinct established.
Section 53.21 - Replacement of lost or spoiled absentee ballots.
Section 53.22 - Balloting by confined persons.
Section 53.23 - Special precinct election board.
Section 53.24 - Counties using voting machines.
Section 53.25 - Rejecting ballot.
Section 53.26 - Rejected ballots — how handled.
Section 53.27 - Rejection of ballot — return of envelope.
Section 53.30 - Ballots, ballot envelopes, and other information preserved.
Section 53.32 - Ballot of deceased voter.
Section 53.33 - Unlawful return of ballot.
Section 53.34 - False affidavit.
Section 53.35 - Refusal to return ballot.
Section 53.35A - Failure to return ballot.
Section 53.36 - Offenses by officers.
Section 53.37A - State commissioner duties.
Section 53.38 - What constitutes registration.
Section 53.39 - Request for ballot — when available.
Section 53.40 - Request requirements — transmission of ballot.
Section 53.41 - Records by commissioner — excess requests or ballots.
Section 53.42 - Voting in person in commissioner’s office.
Section 53.43 - Identification on envelope.
Section 53.44 - Affidavit to be signed and returned.
Section 53.45 - Special absentee ballot.
Section 53.46 - Powers and duties of state commissioner.
Section 53.47 - Materials furnished by department of administrative services.
Section 53.48 - Postage on ballots.
Section 53.49 - Applicable to armed forces and other citizens.
Section 53.50 - Appropriation.
Section 53.51 - Rule of construction.