53.37 Definitions.
1. This subchapter is intended to implement the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §1973ff et seq.
2. The term “armed forces of the United States”, as used in this subchapter, shall mean the army, navy, marine corps, coast guard, air force, and space force of the United States.
3. For the purpose of absentee voting only, there shall be included in the term “armed forces of the United States” the following:
a. Spouses and dependents of members of the armed forces while in active service.
b. Members of the merchant marine of the United States and their spouses and dependents.
c. Civilian employees of the United States in all categories serving outside the territorial limits of the several states of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not the employee is subject to the civil service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by the Congress.
d. Members of religious groups or welfare agencies assisting members of the armed forces, who are officially attached to and serving with the armed forces, and their spouses and dependents.
e. Citizens of the United States who do not fall under any of the categories described in paragraphs “a” through “d”, but who are entitled to register and vote pursuant to section 48A.5, subsection 4 or 5.
4. For the purposes of this subchapter, “qualified voter” means a person who is included within the term “armed forces of the United States” as described in this section, who would be qualified to register to vote under section 48A.5, subsection 2, except for residency, and who is not disqualified from registering to vote and voting under section 48A.6.
[C54, 58, 62, 66, §53.37; C71, 73, 75, 77, 79, §53.37, 53.49; C81, §53.37]
94 Acts, ch 1180, §25; 95 Acts, ch 67, §8; 2001 Acts, ch 56, §4; 2007 Acts, ch 59, §31, 38; 2007 Acts, ch 215, §243; 2014 Acts, ch 1026, §14; 2017 Acts, ch 120, §7; 2021 Acts, ch 147, §44, 54
Referred to in §48A.5, 48A.5A, 48A.25A, 53.49, 53.53
Subsection 2 amended
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.