reglab/statecodes huggingface dataset:
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.31 - Procedure where votes cast on optical scan ballots.

52.31 Procedure where votes cast on optical scan ballots.
Preparations for voting and voting at any election in a precinct where votes are to be received on optical scan ballots shall be in accordance with the provisions of chapter 49 governing voting upon conventional paper ballots with the following exceptions:
1. Before entering the voting booth each voter shall be cautioned to mark the ballot only with a ballot marking device provided in the booth or by the precinct election officials.
2. In each precinct where portable automatic tabulating equipment is used, the voter may personally insert the ballot into the tabulating device.
[C77, 79, 81, §52.31]
86 Acts, ch 1224, §24; 2007 Acts, ch 190, §38
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.33 - Absentee voting by optical scan voting system.

52.33 Absentee voting by optical scan voting system.
1. In any county in which the board of supervisors has adopted voting by means of an optical scan voting system, the commissioner shall also conduct absentee voting by use of such a system. In any other county, the commissioner may with approval of the board of supervisors conduct absentee voting by use of an optical scan voting system. All provisions of chapter 53 shall apply to such absentee voting, so far as applicable. In counties where absentee voting is conducted by use of an optical scan voting system, the special precinct counting board shall, at the time required by chapter 53, prepare absentee ballots for tabulation in the manner prescribed by this chapter.
2. The absentee and special precinct board shall follow the process prescribed in section 52.37, subsection 1, in handling damaged or defective ballots and in counting write-in votes on optical scan ballots.
[C77, 79, 81, §52.33]
97 Acts, ch 170, §62; 2002 Acts, ch 1134, §58, 115; 2007 Acts, ch 190, §9
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.37 - Special precinct tabulation procedure.

52.37 Special precinct tabulation procedure.
The tabulation of absentee and provisional ballots cast by means of an optical scan voting system shall be conducted as follows:
1. a. If any ballot is found damaged or defective, so that it cannot be counted properly by the automatic tabulating equipment, a true duplicate shall be made by the resolution board team and substituted for the damaged or defective ballot, or, as an alternative, the valid votes on a defective ballot may be manually counted by the special precinct election board, whichever method is best suited to the system being used. All duplicate ballots shall be clearly labeled as such, and shall bear a serial number which shall also be recorded on the damaged or defective ballot.
b. The special precinct election board shall also tabulate any write-in votes which were cast. Write-in votes cast for a candidate whose name appears on the ballot for the same office shall be counted as a vote for the candidate indicated, if the vote is otherwise properly cast.
c. Ballots which are rejected by the tabulating equipment as blank because they have been marked with an unreadable marker shall be duplicated or tabulated as required by this subsection for damaged or defective ballots. The commissioner may instruct the special precinct election board to mark over voters’ unreadable marks using a marker compatible with the tabulating equipment. The special precinct election board shall take care to leave part of the original mark made by the voter. If it is impossible to mark over the original marks made by the voter without completely obliterating them, the ballot shall be duplicated.
2. The record printed by the automatic tabulating equipment, with the addition of a record of any write-in or other votes manually counted pursuant to this chapter, shall constitute the official return of the absentee ballot and special voters precinct. Upon completion of the tabulation of the votes, the result shall be announced and reported in substantially the manner required by section 50.11.
3. If for any reason it becomes impracticable to count all or any part of the ballots with the automatic tabulating equipment, the commissioner may direct that they be counted manually, in accordance with chapter 50 so far as applicable.
[C77, 79, 81, §52.37]
92 Acts, ch 1034, §2; 93 Acts, ch 143, §29; 97 Acts, ch 170, §65; 2002 Acts, ch 1134, §60, 115; 2007 Acts, ch 190, §39; 2008 Acts, ch 1032, §156
Referred to in §52.33
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.41 - Electronic transmission of election results.

52.41 Electronic transmission of election results.
With the advice of the board of examiners for voting systems, the state commissioner shall adopt by rule standards for the examination and testing of devices for the electronic transmission of election results. All voting systems which contain devices for the electronic transmission of election results submitted to the examiners for examination and testing after July 1, 2003, shall comply with these standards.
2002 Acts, ch 1134, §61, 115; 2009 Acts, ch 57, §60
Referred to in §50.11
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.1 - Right to vote — conditions.

53.1 Right to vote — conditions.
1. Any registered voter may, subject to the provisions of this chapter, vote at any election:
a. When the voter expects to be absent on election day during the time the polls are open from the precinct in which the voter is a registered voter.
b. When, through illness or physical disability, the voter expects to be prevented from going to the polls and voting on election day.
c. When the voter expects to be unable to go to the polls and vote on election day.
2. A person who has been designated to have power of attorney by a registered voter does not have authority to request or to cast an absentee ballot on behalf of the registered voter.
[SS15, §1137-b; C24, 27, 31, 35, 39, §927; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.1]
90 Acts, ch 1238, §28; 93 Acts, ch 143, §31; 94 Acts, ch 1169, §65; 2008 Acts, ch 1032, §201
Referred to in §53.2, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.3 - Requirements for certain absentee ballot applications — prescribed form — receipt.

53.3 Requirements for certain absentee ballot applications — prescribed form — receipt.
1. When an application for an absentee ballot is solicited by, or collected for return to the commissioner by, a person acting as an actual or implied agent for a political party, candidate, or committee, as defined by chapter 68A, the person shall provide the applicant with the form prescribed by the state commissioner.
2. a. When an application for an absentee ballot is solicited by, and returned to the commissioner by, a person acting as an actual or implied agent for a political party, candidate, or committee, as defined by chapter 68A, the person shall issue to the applicant a receipt for the completed application.
b. The receipt shall contain the following information:
(1) The name of the applicant.
(2) The date and time the completed application was received from the applicant.
(3) The name and date of the election for which the application is being completed.
(4) The name of the political party, candidate, or committee for whom the person is soliciting and returning the application for the absentee ballot.
(5) The name of the person acting as an actual or implied agent for the political party, candidate, or committee.
(6) A statement that the application will be delivered to the appropriate commissioner within seventy-two hours of the date and time the completed application was received from the applicant or no later than 5:00 p.m. on the Friday before the election, whichever is earlier.
(7) A statement that an absentee ballot will be mailed to the applicant within twenty-four hours after the ballot for the election is available.
c. The commissioner shall make receipt forms required by this section available for photocopying at the expense of the political party, candidate, or committee.
2004 Acts, ch 1083, §30, 37; 2004 Acts, ch 1175, §360; 2008 Acts, ch 1032, §201; 2008 Acts, ch 1053, §3
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.4 - Absentee ballots — reports.

53.4 Absentee ballots — reports.
1. Beginning on the first day that absentee ballots are mailed in each primary and general election and each special election pursuant to section 69.14, and through election day, the state commissioner shall publish a report regarding absentee ballots on a daily basis. The report shall include, at a minimum, all of the following information:
a. The number of absentee ballot request forms received by a county commissioner.
b. The number of absentee ballots sent by a county commissioner.
c. The total number of absentee ballots received by a county commissioner, and the total delivered by each of the following methods:
(1) Mail.
(2) Delivery to a drop box.
(3) Delivery by hand.
(4) Voted in person at a satellite location.
2. Each county commissioner shall provide all information necessary under this section to the state commissioner in a manner prescribed by the state commissioner.
2021 Acts, ch 12, §46, 73
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.7 - Solicitation by public employees.

53.7 Solicitation by public employees.
1. It shall be unlawful for any employee of the state or any employee of a political subdivision to solicit any application or request for application for an absentee ballot, or to take an affidavit in connection with any absentee ballot while the employee is on the employer’s premises or otherwise in the course of employment. However, any such employee may take such affidavit in connection with an absentee ballot which is cast by the registered voter in person in the office where such employee is employed in accordance with section 53.10 or 53.11. This subsection shall not apply to any elected official.
2. It is unlawful for any public officer or employee, or any person acting under color of a public officer or employee, to knowingly require a public employee to solicit an application or request an application for an absentee ballot, or to knowingly require an employee to take an affidavit or request for an affidavit in connection with an absentee ballot application.
[SS15, §1137-d; C24, 27, 31, 35, 39, §933; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.7]
91 Acts, ch 129, §18; 94 Acts, ch 1169, §64; 2002 Acts, ch 1071, §11; 2002 Acts, ch 1175, §80; 2007 Acts, ch 59, §24, 38
Referred to in §39A.4, 39A.5, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.9 - Prohibited persons.

53.9 Prohibited persons.
No person required to file reports under chapter 68A, and no person acting as an actual or implied agent for a person required to file reports under chapter 68A, shall receive absentee ballots on behalf of voters. This prohibition does not apply to section 53.17.
97 Acts, ch 170, §69
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.10 - Absentee voting at the commissioner’s office.

53.10 Absentee voting at the commissioner’s office.
1. Not more than twenty days before the date of the primary election or the general election, the commissioner shall provide facilities for absentee voting in person at the commissioner’s office. This service shall also be provided for other elections as soon as the ballots are ready, but in no case shall absentee ballots be available under this section more than twenty days before an election.
2. a. Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information: name, current address, voter verification number, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. Prior to furnishing a ballot, the commissioner shall verify the person’s identity as provided in section 49.78. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in the envelope marked with the affidavit; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter.
b. For purposes of this subsection, “voter verification number” means the registered voter’s driver’s license number or nonoperator’s identification card number assigned to the voter by the department of transportation or the registered voter’s identification number assigned to the voter by the state commissioner pursuant to section 47.7, subsection 2.
3. A voter shall not vote or offer to vote any ballot except such as the voter has received from the commissioner. A voter voting an absentee ballot at the commissioner’s office shall not take or remove any ballot from the commissioner’s office.
4. During the hours when absentee ballots are available in the office of the commissioner, the absentee voting site is a polling place for purposes of section 39A.4, subsection 1, paragraph “a”.
2002 Acts, ch 1134, §63, 115; 2005 Acts, ch 72, §1; 2007 Acts, ch 215, §224; 2008 Acts, ch 1191, §114; 2014 Acts, ch 1101, §17, 32; 2016 Acts, ch 1121, §5; 2017 Acts, ch 110, §8, 52, 54; 2018 Acts, ch 1149, §10, 12; 2020 Acts, ch 1121, §126; 2021 Acts, ch 12, §50, 73
Referred to in §49.63, 53.2, 53.7, 53.8, 53.11, 53.17, 53.22, 53.42, 53.49, 68A.406
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.12 - Duty of commissioner.

53.12 Duty of commissioner.
The commissioner shall enclose the absentee ballot in an unsealed envelope, to be furnished by the commissioner, which envelope shall bear upon its face the words “county commissioner of elections”, the address of the commissioner’s office, and the same serial number appearing on the unsealed envelope shall be affixed to the application.
[SS15, §1137-f; C24, 27, 31, 35, 39, §938; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.12]
84 Acts, ch 1291, §14
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.15 - Marking ballot.

53.15 Marking ballot.
1. The registered voter, on receipt of an absentee ballot, shall mark the ballot in such a manner that no other person will know how the ballot is marked.
2. Registered voters who are blind, cannot read, or because of any other physical disability, are unable to mark their own absentee ballot, may have the assistance of any person the registered voter may select.
[SS15, §1137-g; C24, 27, 31, 35, 39, §941; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.15]
84 Acts, ch 1291, §15; 94 Acts, ch 1169, §64
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.16 - Subscribing to affidavit.

53.16 Subscribing to affidavit.
After marking the ballot, the voter shall make and subscribe to the affidavit on the affidavit envelope or on the return envelope marked with the affidavit, and fold the ballot or ballots, separately, so as to conceal the markings on them, and deposit them in the envelope, and securely seal the envelope.
[SS15, §1137-g; C24, 27, 31, 35, 39, §942; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.16]
84 Acts, ch 1291, §16; 2014 Acts, ch 1101, §18, 32
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.19 - Listing absentee ballots.

53.19 Listing absentee ballots.
1. The commissioner shall maintain a list of the absentee ballots provided to registered voters, the serial number appearing on the unsealed envelope, the date the application for the absentee ballot was received, the date the absentee ballot was sent to the registered voter requesting the absentee ballot, the date the absentee ballot was received by the commissioner, the date the absentee ballot outer envelope was opened, and whether the ballot was delivered by mail, in person, to a ballot drop box, or cast in person at a satellite location. The information under this subsection shall be reported separately at the same time as the information reported under section 53.30, subsection 3.
2. The commissioner shall provide each precinct election board with a list of all registered voters from that precinct who have received an absentee ballot. The precinct officials shall immediately designate on the election register those registered voters who have received an absentee ballot and are not entitled to vote in person at the polls, except as provided in subsection 3.
3. a. A registered voter who has received an absentee ballot and not returned it may surrender the absentee ballot to the precinct officials and vote in person at the polls. The precinct officials shall mark the uncast absentee ballot “void” and return it to the commissioner.
b. A registered voter who has requested an absentee ballot by mail but for any reason has not received it or who has not brought the ballot to the polls may appear at the voter’s precinct polling place on election day and, after the precinct election officials confirm the commissioner has not received the voter’s absentee ballot, the voter shall be permitted to vote in person at the polls. If the precinct election officials are unable to confirm whether the commissioner has received the voter’s absentee ballot, the voter shall cast a ballot in accordance with section 49.81.
c. A registered voter who has been notified by the commissioner pursuant to section 53.18 of the need to complete the affidavit or vote a replacement absentee ballot and who has not completed the affidavit or voted a replacement absentee ballot may appear at the voter’s precinct polling place on election day and, after the precinct election officials confirm the voter has not completed the affidavit or voted a replacement ballot, the voter shall be permitted to vote in person at the polls. If the precinct election officials are unable to confirm whether the voter has completed the affidavit or voted a replacement ballot, the voter shall cast a ballot in accordance with section 49.81.
[C71, §53.4; C73, §53.2; C75, 77, 79, 81, §53.19]
94 Acts, ch 1169, §64; 97 Acts, ch 170, §72; 98 Acts, ch 1123, §11; 2002 Acts, ch 1134, §68, 115; 2007 Acts, ch 215, §230; 2010 Acts, ch 1026, §14; 2021 Acts, ch 12, §60, 73
Referred to in §9E.6, 49.72, 49.77, 49.81, 53.18, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.20 - Special precinct established.

53.20 Special precinct established.
1. There is established in each county a special precinct to be known as the absentee ballot and special voters precinct. Its jurisdiction shall be conterminous with the borders of the county, for the purposes specified by sections 53.22 and 53.23, and the requirement that precincts not cross the boundaries of legislative districts shall not be applicable to it. The commissioner shall draw up an election board panel for the special precinct in the manner prescribed by section 49.15, having due regard for the nature and extent of the duties required of members of the election board and the election officers to be appointed from the panel, including, if directed by the commissioner, the tallying and recording of write-in votes.
2. a. Results from the special precinct shall be reported separately from the results of the ballots cast at the polls on election day. The commissioner shall for general elections also report the results of the special precinct by the resident precincts of the voters who cast absentee and provisional ballots. For all other elections, the commissioner may report the results of the special precinct by the resident precincts of the voters who cast absentee and provisional ballots, or may report the absentee results as a single precinct.
b. For the general election and for any election in which the commissioner determines in advance of the election to report the results of the special precinct by the resident precincts of the voters who cast absentee and provisional ballots, the commissioner shall prepare a separate absentee ballot style for each precinct in the county and shall program the voting system to produce reports by the resident precincts of the voters.
[C77, 79, 81, §53.20]
2008 Acts, ch 1159, §1; 2009 Acts, ch 57, §66; 2015 Acts, ch 85, §3
Referred to in §49.81, 50.21, 50.51, 53.22, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.21 - Replacement of lost or spoiled absentee ballots.

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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.25 - Rejecting ballot.

53.25 Rejecting ballot.
1. a. If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the ballot shall be rejected by the absentee and special voters precinct board.
b. If a voter casts a provisional ballot pursuant to section 49.78, subsection 7, and the voter has failed to establish the voter’s identity at the commissioner’s office, the provisional ballot shall be rejected by the absentee and special voters precinct board.
2. If the absentee or provisional ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections.
[SS15, §1137-j; C24, 27, 31, 35, 39, §951; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.25]
94 Acts, ch 1169, §64; 2007 Acts, ch 215, §234; 2009 Acts, ch 57, §69; 2014 Acts, ch 1101, §24, 32; 2017 Acts, ch 110, §33, 35, 36
Referred to in §50.22, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.26 - Rejected ballots — how handled.

53.26 Rejected ballots — how handled.
1. Every ballot not counted shall be endorsed on the back with the following:
Rejected because (giving reason therefor).
2. All rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct election officials shall endorse “Defective ballots”, with a statement signed by the precinct election officials regarding the precinct in which and the date of the election at which they were cast. The envelope shall be returned to the same officer and in the same manner as by law provided for the return and preservation of official ballots voted at such election.
[SS15, §1137-j; C24, 27, 31, 35, 39, §952; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.26]
2018 Acts, ch 1041, §13; 2019 Acts, ch 59, §25
Referred to in §53.18, 53.49
Return of rejected ballots, §50.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.27 - Rejection of ballot — return of envelope.

53.27 Rejection of ballot — return of envelope.
If the ballot is rejected, the envelope marked with the affidavit, with the voter’s endorsement thereon, shall be returned with the rejected ballot in the envelope endorsed “Defective ballots”.
[C24, 27, 31, 35, 39, §953; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.27]
2007 Acts, ch 215, §235; 2014 Acts, ch 1101, §25, 32
Referred to in §53.18, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.30 - Ballots, ballot envelopes, and other information preserved.

53.30 Ballots, ballot envelopes, and other information preserved.
1. At the conclusion of each meeting of the absentee and special voter precinct board, the board shall reconcile the number of signed affidavits provided to the board by the commissioner and the number of ballots that were counted and tabulated. The board shall record the number of ballots that were rejected prior to opening the affidavit envelope, the number of absentee ballots that have been challenged and are currently unopened, and the number of absentee ballots that were accepted for counting and tabulation. The board shall also reconcile the number of provisional ballots provided to the board by the commissioner, the number of provisional ballots that were accepted for counting and tabulation, and the number of provisional ballots that were rejected.
2. At the conclusion of each meeting of the absentee and special voters precinct board, the board shall securely seal all ballots counted by them in the manner prescribed in section 50.12. The ballot envelopes, including the affidavit envelope if an affidavit envelope was provided, the return envelope, and secrecy envelope bearing the signatures of precinct election officials, as required by section 53.23, shall be preserved. All applications for absentee ballots, ballots rejected without being opened, absentee ballot logs, and any other documents pertaining to the absentee ballot process shall be preserved until such time as the documents may be destroyed pursuant to section 50.19.
3. Following each primary and general election, commissioners shall report to the state commissioner the number of voted absentee ballots received by the commissioner, the total number of absentee ballots counted and tabulated by the board, and the number of absentee ballots rejected by the board. The commissioner shall also provide the number of provisional ballots cast, the number of provisional ballots rejected, and the number of provisional ballots that were counted and tabulated by the board.
[C24, 27, 31, 35, 39, §956; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.30]
95 Acts, ch 67, §53; 2002 Acts, ch 1134, §69, 115; 2009 Acts, ch 57, §70; 2014 Acts, ch 1101, §26, 32; 2021 Acts, ch 12, §64, 73
Referred to in §53.19, 53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.31 - Challenges.

53.31 Challenges.
1. Any person qualified to vote at the election in progress may challenge the qualifications of a person casting an absentee ballot by submitting a written challenge to the commissioner no later than 5:00 p.m. on the Friday before the election. It is the duty of the special precinct officials to challenge the absentee ballot of any person whom the official knows or suspects is not duly qualified. Challenges by members of the special precinct election board or observers present pursuant to section 53.23 may be made at any time before the close of the polls on election day. The challenge shall state the reasons for which the challenge is being submitted and shall be signed by the challenger. When a challenge is received the absentee ballot shall be set aside for consideration by the special precinct election board when it meets as required by section 50.22.
2. The commissioner shall immediately send a written notice to the elector whose qualifications have been challenged. The notice shall be sent to the address at which the challenged elector is registered to vote. If the ballot was mailed to the challenged elector, the notice shall also be sent to the address to which the ballot was mailed if it is different from the elector’s registration address. The notice shall advise the elector of the reason for the challenge, the date and time that the special precinct election board will reconvene to determine challenges, and that the elector has the right to submit written evidence of the elector’s qualifications. The notice shall include the telephone number of the commissioner’s office. If the commissioner has access to a facsimile machine, the notice shall include the telephone number of the facsimile machine. As far as possible, other procedures for considering provisional ballots shall be followed.
[SS15, §1137-k; C24, 27, 31, 35, 39, §957; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.31]
93 Acts, ch 143, §35; 2005 Acts, ch 19, §25; 2007 Acts, ch 59, §30, 38
Referred to in §9E.6, 48A.8, 53.49
Challenges, §49.79
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.32 - Ballot of deceased voter.

53.32 Ballot of deceased voter.
When it shall be made to appear by due proof to the precinct election officials that any elector, who has so marked and forwarded a ballot, has died before the envelope marked with the affidavit is opened, then the ballot of such deceased voter shall be endorsed, “Rejected because voter is dead”, and be returned to the commissioner. The casting of the ballot of a deceased voter shall not invalidate the election.
[SS15, §1137-l; C24, 27, 31, 35, 39, §958; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.32]
2007 Acts, ch 215, §236; 2014 Acts, ch 1101, §27, 32
Referred to in §53.49
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.35A - Failure to return ballot.

53.35A Failure to return ballot.
It is unlawful for any person designated by the commissioner, or by the elector casting the absentee ballot, to deliver the sealed envelope containing the absentee ballot, to willfully fail to return the ballot to the commissioner or the commissioner’s designee.
93 Acts, ch 143, §36; 2002 Acts, ch 1071, §13
Referred to in §39A.4
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.37 - Definitions.

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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.37A - State commissioner duties.

53.37A State commissioner duties.
The state commissioner of elections shall provide information regarding voter registration procedures and absentee ballot procedures to be used by members of the armed forces of the United States. The state commissioner shall accept valid voter registration applications and absentee ballot applications and shall forward the applications to the appropriate county commissioner of elections in a timely manner.
2004 Acts, ch 1083, §34, 37
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.38 - What constitutes registration.

53.38 What constitutes registration.
Whenever a ballot is requested pursuant to section 53.39 or 53.45 on behalf of a voter in the armed forces of the United States, the affidavit upon the envelope marked with the affidavit of such voter, if the voter is found to be an eligible elector of the county to which the ballot is submitted, shall constitute a sufficient registration under chapter 48A. A completed federal postcard registration and federal absentee ballot request form submitted by such eligible elector shall also constitute a sufficient registration under chapter 48A. The commissioner shall place the voter’s name on the registration record as a registered voter if it does not already appear there. The identification requirements of section 48A.8 and the verification requirements of section 48A.25A do not apply to persons who register to vote under this subchapter.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.38]
88 Acts, ch 1119, §29; 94 Acts, ch 1169, §55; 2002 Acts, ch 1134, §70, 115; 2007 Acts, ch 59, §32, 38; 2007 Acts, ch 215, §237; 2014 Acts, ch 1026, §143; 2014 Acts, ch 1101, §28, 32
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.39 - Request for ballot — when available.

53.39 Request for ballot — when available.
1. Section 53.2 does not apply in the case of a qualified voter of the state of Iowa serving in the armed forces of the United States. In any such case an application for ballot as provided for in that section is not required and an absent voter’s ballot shall be sent or made available to any such qualified voter upon a request as provided in this subchapter.
2. All official ballots to be voted by qualified absent voters in the armed forces of the United States at the primary election and the general election shall be printed prior to forty-five days before the respective elections and shall be available for transmittal to such qualified voters in the armed forces of the United States at least forty-five days before the respective elections. The provisions of this chapter apply to absent voting by qualified voters in the armed forces of the United States except as modified by the provisions of this subchapter.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.39]
89 Acts, ch 136, §54; 94 Acts, ch 1169, §64; 94 Acts, ch 1180, §26; 95 Acts, ch 67, §9; 2010 Acts, ch 1033, §30, 56; 2014 Acts, ch 1026, §143
Referred to in §48A.5, 53.38
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.41 - Records by commissioner — excess requests or ballots.

53.41 Records by commissioner — excess requests or ballots.
1. The commissioner of each county shall establish and maintain a record of all requests for ballots which are made, and of all ballots transmitted, and the manner of transmittal, from and received in the commissioner’s office under the provisions of this subchapter.
2. If more than one request for absent voter’s ballot for a particular election is made to the commissioner before the ballots are ready to mail by or on behalf of a voter in the armed forces of the United States, the last request received shall be honored, except that if one of the requests is made by the voter, the request of the voter shall be honored in preference to a request made on the voter’s behalf by another.
3. Not more than one ballot shall be transmitted by the commissioner to any voter for a particular election unless after the ballot has been mailed the voter reports a change in the address to which the ballot should be sent. A ballot shall be mailed using a serial number that indicates that this is a replacement sent to an updated address. The original ballot shall be counted only if the replacement ballot does not arrive. If the commissioner receives more than one absent voter’s ballot, provided for by this subchapter, from or purporting to be from any one voter for a particular election, all of the ballots so received from or purporting to be from such voter are void, and the commissioner shall not deliver any of the ballots to the precinct election officials, but shall retain them in the commissioner’s office, and preserve them for the period and under the conditions provided for in sections 50.12, 50.13, 50.15, and 50.19.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.41]
89 Acts, ch 136, §56; 2007 Acts, ch 59, §33, 38; 2010 Acts, ch 1061, §9; 2014 Acts, ch 1026, §143
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.42 - Voting in person in commissioner’s office.

53.42 Voting in person in commissioner’s office.
Notwithstanding the provision as to time found in section 53.10, any qualified voter in the armed forces of the United States may personally appear in the office of the commissioner of the county of the voter’s residence and there vote an absent voter’s ballot at any time not earlier than forty days before the primary or general election, as the case may be.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.42]
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.43 - Identification on envelope.

53.43 Identification on envelope.
The envelopes used in connection with voting by absent voter’s ballot by voters who are members of the armed forces of the United States, shall have stamped or printed on them the words “Armed Forces or Overseas Ballot” and a designation of the election at which the ballot is to be cast.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.43]
86 Acts, ch 1224, §31, 40; 94 Acts, ch 1180, §28
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.44 - Affidavit to be signed and returned.

53.44 Affidavit to be signed and returned.
1. The affidavit on the envelope marked with the affidavit used in connection with voting by absentee ballot under this subchapter by members of the armed forces of the United States need not be notarized or witnessed, but the affidavit on such envelope shall be completed and signed by the voter.
2. In order for the ballot to be counted, the return envelope must be received in the commissioner’s office before the polls close on election day or be clearly postmarked by an officially authorized postal service or bear a postal service barcode traceable to a date of entry into the federal mail system not later than the day before the election, as provided in section 53.17A, and received by the commissioner not later than noon on the Monday following the election.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.44]
84 Acts, ch 1291, §20; 89 Acts, ch 136, §57; 2007 Acts, ch 215, §239; 2014 Acts, ch 1026, §143; 2014 Acts, ch 1101, §30, 32; 2021 Acts, ch 12, §66, 73
Referred to in §48A.5, 53.53
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.45 - Special absentee ballot.

53.45 Special absentee ballot.
1. a. As provided in this section, the commissioner shall provide special absentee ballots to be used for general elections. A special absentee ballot shall only be provided to an eligible elector who completes an application stating both of the following to the best of the eligible elector’s belief:
(1) The eligible elector will be residing or stationed or working outside the continental United States.
(2) The eligible elector will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
b. The application for a special absentee ballot shall not be filed earlier than one hundred twenty days prior to the general election. The special absentee ballot shall list the offices and measures, if known, scheduled to appear on the general election ballot. The eligible elector may use the special absentee ballot to write in the name of any eligible candidate for each office and may vote on any measure.
2. With any special absentee ballot issued under this section, the commissioner shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that general election and a list of any measures that have been referred to the ballot before the time of the application.
3. Write-in votes on special absentee ballots shall be counted in the same manner provided by law for the counting of other write-in votes. The commissioner shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots.
4. Notwithstanding the provisions of section 53.49, an eligible elector who requests a special absentee ballot under this section may also make application for an absentee ballot under section 53.2 or an armed forces absentee ballot under section 53.40. If the regular absentee or armed forces absentee ballot is properly voted and returned, the special absentee ballot is void and the commissioner shall reject it in whole when special absentee ballots are canvassed.
87 Acts, ch 221, §29; 88 Acts, ch 1119, §30; 2008 Acts, ch 1032, §201; 2013 Acts, ch 30, §16; 2016 Acts, ch 1003, §1
Referred to in §48A.5, 53.38
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.46 - Powers and duties of state commissioner.

53.46 Powers and duties of state commissioner.
The state commissioner is authorized and empowered:
1. To make rules for the purpose of carrying out the provisions and intent of this subchapter;
2. To prescribe and direct the preparation of specially printed ballots, envelopes and other papers of different size and weight to be used in connection with absent voting by voters in the armed forces of the United States, if, in the discretion of the state commissioner, the state commissioner shall determine that such a special ballot and other papers will facilitate voting by such voters; provided that the content of any such specially printed matter shall be the same as that used for absent voters generally in the particular precinct in which said armed forces ballot is to be cast, and provided further that such ballots, envelopes and other papers shall be substantially uniform in size and weight throughout the state; and provided further that the provisions of section 49.56, establishing the maximum cost of printing ballots, shall apply to the cost of printing any such specially printed ballots by the several counties;
3. To prescribe any forms that are not otherwise prescribed by law, and which in the judgment of the state commissioner are necessary to facilitate the carrying out of the purposes and intent of this subchapter;
4. To arrange for special transportation of ballots in cooperation with the government of the United States through any authorized instrumentality thereof and to that end the state commissioner is empowered to direct the commissioners of the several counties of the state to send ballots to voters in the armed forces of the United States other than in the usual course of mail;
5. To employ such clerical assistance as the state commissioner may require in carrying out the state commissioner’s functions, to purchase and requisition any office supplies the state commissioner may require, and certify for payment the expenses of carrying out the state commissioner’s functions under this subchapter;
6. To call upon any department or division of the state government for information and assistance in connection with carrying out the provisions of this subchapter;
7. To cooperate with any authorized departments, agencies and instrumentalities of the government of the United States in effecting the intent and purposes of this subchapter.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.46]
2014 Acts, ch 1026, §143
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.47 - Materials furnished by department of administrative services.

53.47 Materials furnished by department of administrative services.
1. In order to establish uniformity in size, weight and other characteristics of the ballot and facilitate its distribution and return, the department of administrative services shall upon direction of the state commissioner purchase any material needed for any special ballots, envelopes and other printed matter, and sell any such materials to the several counties of the state at cost plus handling and transportation costs.
2. There is appropriated to the department of administrative services from the general fund of the state such sums as may be necessary to purchase any materials provided for in this section. The proceeds from sale of such materials to counties shall be deposited in the general fund of the state upon receipt of the moneys by the department of administrative services.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.47]
2003 Acts, ch 145, §286; 2022 Acts, ch 1021, §23
Referred to in §48A.5
Subsection 2 amended
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.48 - Postage on ballots.

53.48 Postage on ballots.
In the event the government of the United States or any branch, department, agency or other instrumentality thereof shall make provision for sending of any voting matter provided for in this subchapter through the mails postage free, or otherwise, the election officials of the state of Iowa and of the several counties of the state are authorized to make use thereof under the direction of the state commissioner.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.48]
2014 Acts, ch 1026, §143
Referred to in §48A.5