53.33 Unlawful return of ballot.
1. For the purposes of this section:
a. “Delivery agent” means an individual registered to vote in this state who has been designated to return a completed absentee ballot to the commissioner by another registered voter who is unable to return the registered voter’s own absentee ballot due to reason of blindness or other disability. “Delivery agent” does not include the registered voter’s employer, an agent of the registered voter’s employer, an officer or agent of the registered voter’s union, or a person acting as an actual or implied agent for a political party as defined in section 43.2, or a candidate or committee, as defined in section 68A.102.
b. “Immediate family member” means an individual related to a registered voter within the fourth degree of consanguinity or affinity.
2. No person other than the registered voter, an individual who lives in the same household as the registered voter, an immediate family member of the registered voter, an individual acting in accordance with section 53.22, or a delivery agent acting on behalf of a registered voter who is unable to return the registered voter’s own ballot due to reason of blindness or other disability, shall collect and return a completed absentee ballot.
3. A registered voter who is unable to return the registered voter’s own completed absentee ballot due to reason of blindness or any physical disability other than intoxication may designate a delivery agent to return the registered voter’s completed absentee ballot. The registered voter shall complete and sign a designation of delivery agent form prescribed by the state commissioner prior to surrendering a ballot to a delivery agent.
4. A delivery agent shall return no more than two completed absentee ballots per election. This limit shall apply to all elections occurring on the same calendar date.
5. A delivery agent shall fill out a receipt pursuant to section 53.17, subsection 4, when retrieving a completed absentee ballot from a registered voter.
6. A delivery agent shall collect the registered voter’s designation of delivery agent form at the time the delivery agent collects the registered voter’s completed absentee ballot. The delivery agent shall deliver the registered voter’s designation of delivery agent form to the commissioner at the same time as the registered voter’s completed absentee ballot.
7. Notwithstanding any provision of law to the contrary, a delivery agent shall do all of the following when delivering a completed absentee ballot to the commissioner:
a. Deliver the completed absentee ballot in person to the commissioner’s office. The delivery agent shall not deliver the completed absentee ballot by mail or to a ballot drop box.
b. Present identification sufficient to establish identity pursuant to section 49.78.
c. On a form prescribed by the state commissioner, the delivery agent shall provide the delivery agent’s full legal name, residential address, phone number, and electronic mail address, if applicable. The delivery agent shall also sign under penalty of perjury a statement in substantially the following form:
Under penalty of perjury, I hereby certify that I am a registered voter in the State of Iowa and not the employer, agent of the employer, or officer or agent of the union of the registered voter whose completed absentee ballot I am returning, or a person acting as an actual or implied agent for a political party as defined in section 43.2, or a candidate or committee, as defined in section 68A.102. I also certify that I am acting as the delivery agent of the registered voter whose completed absentee ballot I am returning, that I am returning the registered voter’s completed absentee ballot to the commissioner who issued the ballot, and that I have not altered or tampered with the ballot. I acknowledge that Iowa law prohibits delivery agents from returning more than two completed absentee ballots for all elections occurring on the same date. I have complied with Iowa law. I understand that if I provide false information on this form, I may be guilty of perjury, a class “D” felony, and subject to a maximum prison term not to exceed five years and a fine of at least $1,025 but not more than $10,245.
2021 Acts, ch 12, §65; 2021 Acts, ch 147, §43, 54
Referred to in §39A.4, 53.8, 53.17, 53.22, 53.49
NEW section
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.