53.21 Replacement of lost or spoiled absentee ballots.
1. A voter who has requested an absentee ballot may obtain a replacement ballot if the voter declares that the original ballot was lost or did not arrive. The commissioner upon receipt of a written or oral request for a replacement ballot shall provide a duplicate ballot. The same serial number that was assigned to the records of the original absentee ballot request shall be used on the envelopes and records of the replacement ballot.
2. a. The commissioner shall include with the replacement ballot two copies of a statement in substantially the following form:
The absentee ballot which I requested on ................................ (date) has been lost or was never received. If I find this absentee ballot I will return it, unvoted, to the commissioner.
....................................
(Signature of voter)
....................................
(Date)
b. The voter shall enclose one copy of the above statement in the return envelope along with the affidavit envelope, if the voter was mailed a separate affidavit envelope, and shall retain a copy for the voter’s records.
3. a. A voter who spoils an absentee ballot may return it to the commissioner. The outside of the return envelope shall be marked “SPOILED BALLOT”. The commissioner shall replace the ballot in the manner provided in this section for lost ballots.
b. An absentee ballot returned to the commissioner without a designation that the ballot was spoiled shall not be replaced.
89 Acts, ch 136, §53; 93 Acts, ch 143, §33; 2007 Acts, ch 215, §231; 2009 Acts, ch 57, §67; 2014 Acts, ch 1101, §21, 32
Referred to in §53.49
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.