53.18 Manner of preserving ballot and application — review of affidavit — replacement ballots.
1. When the return envelope containing the completed absentee ballot is received by the commissioner, the commissioner shall at once record receipt of such ballot. Absentee ballots shall be stored in a secure place until they are delivered to the absentee and special voters precinct board.
2. 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 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 the time polls close on election day.
3. 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” 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.
4. 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.
5. The state commissioner of elections shall adopt rules for implementation of this section.
[SS15, §1137-h, -i; C24, 27, 31, 35, 39, §944; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.18]
89 Acts, ch 136, §52; 91 Acts, ch 129, §20; 2002 Acts, ch 1134, §67, 115; 2007 Acts, ch 215, §229; 2009 Acts, ch 57, §65; 2010 Acts, ch 1026, §13; 2014 Acts, ch 1101, §20, 32; 2017 Acts, ch 110, §31, 35, 36; 2021 Acts, ch 12, §58, 59, 73
Referred to in §9E.6, 53.17, 53.19, 53.25, 53.49
Subsection 2 amended
NEW subsection 4 and former subsection 4 renumbered as 5
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.