Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.359 - Processing Absentee Ballots Before Election Day

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may only direct the absentee and special
				  voters precinct board to open envelopes marked with affidavits on the Monday
				  before election day under the following circumstances:
For any election, only if the commissioner has provided
				  secrecy envelopes (or folders) pursuant to subrule 21.359(1) and the
				  commissioner determines removing secrecy envelopes from envelopes marked with
				  affidavits is necessary due to the quantity of voted absentee ballots received
				  as set forth in Iowa Code section
				  53.23,
				  subsection 3, paragraph "a. "
For general elections, if the commissioner convenes the
				  absentee and special voters precinct board pursuant to Iowa Code section
				  53.23,
				  subsection 3, paragraph "c, "to begin tabulation of absentee ballots.
(1) The secrecy envelope shall completely
				cover the ballot. The envelope shall have the following message printed on it
				using at least 24-point type:
Secrecy Envelope
After you vote, put your ballot in here.
(2)
				When the absentee and special voters precinct board convenes to begin
				processing absentee ballots, the board shall first review voters' affidavits to
				determine which ballots will be accepted for counting and prepare the notices
				to those voters whose ballots have been rejected for the reasons set forth in
				Iowa Code section
				53.25.
				Envelopes marked with affidavits containing ballots that are rejected shall be
				stored in the manner prescribed by Iowa Code section 53.26. The applications
				submitted for rejected ballots shall be stored in a secure location for the
				time period required by Iowa Code section 50.19.
(3) Envelopes marked with affidavits
				containing ballots that have been accepted for counting by the absentee and
				special voters precinct board shall be stacked with the affidavits facing down.
				The envelopes shall be opened and the secrecy envelope containing the ballot
				shall be removed.
(4) If a voter
				has not enclosed the ballot in a secrecy envelope and the ballot has not been
				folded in a manner that conceals all votes marked on the ballot, the officials
				shall put the ballot in a secrecy envelope without examining the
				ballot.
(5) The following security
				procedures shall be followed:
a. The process
				shall be witnessed by observers appointed by the county chairperson of each of
				the political parties referred to in Iowa Code section
				49.13,
				subsection 2. If, after receiving notice from the commissioner pursuant to Iowa
				Code section 53.23, subsection 3, paragraph "a, "any of the political parties
				fail to appoint observers, the commissioner may continue with the
				proceedings.
b. No ballots shall be
				counted or examined before election day except as provided in Iowa Code section
				53.23, subsection 3, paragraph "c. "
c. When secrecy envelopes are removed from
				envelopes marked with affidavits on the day before an election and not
				tabulated as permitted by Iowa Code section
				53.23,
				subsection 3, paragraph "c, "the number of secrecy envelopes shall be recorded
				before the ballots are stored and the number shall be verified before any
				ballots are removed from the secrecy envelopes on election day. The ballots may
				be bundled and sealed in groups of a specified number to make counting easier.
This rule is intended to implement Iowa Code section
				  53.23
				  as amended by 2014 Iowa Acts, House File 2366, division II.