2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 49 - METHOD OF CONDUCTING ELECTIONS
49.77 - BALLOT FURNISHED TO VOTER.

        49.77  BALLOT FURNISHED TO VOTER.
         1.  The board members of their respective precincts shall have
      charge of the ballots and furnish them to the voters.
         a.  Any person desiring to vote shall sign a voter's
      declaration provided by the officials, in substantially the following
      form:

                       "VOTER'S DECLARATION OF ELIGIBILITY

         I do solemnly swear or affirm that I am a resident of the ....
      precinct, .... ward or township, city of ........, county of
      ........, Iowa.

         I am a registered voter.  I have not voted and will not vote in
      any other precinct in said election.

         I understand that any false statement in this declaration is a
      criminal offense punishable as provided by law.
                                   ...........
                                   Signature of Voter
                                   ...........
                                   Address
                                   ...........
                                   Telephone
               Approved:

               ...........
               Board Member"


         b.  At the discretion of the commissioner, this declaration
      may be printed on each page of the election register and the voter
      shall sign the election register next to the voter's printed name.
      The voter's signature in the election register shall be considered
      the voter's signed declaration of eligibility affidavit.  The state
      commissioner of elections shall prescribe by rule an alternate method
      for providing the information in subsection 2 for those counties
      where the declaration of eligibility is printed in the election
      register.  The state voter registration system shall be designed to
      allow for the affidavit to be printed on each page of the election
      register and to allow sufficient space for the voter's signature.
         2.  If the declaration of eligibility is not printed on each page
      of the election register, any of those persons present pursuant to
      section 49.104, subsection 2, 3, or 5, may upon request view the
      signed declarations of eligibility and may review the signed
      declarations on file so long as the person does not interfere with
      the functions of the precinct election officials.  If the declaration
      of eligibility is printed on the election register, voters shall also
      sign a voter roster which the precinct election official shall make
      available for viewing.  Any of those persons present pursuant to
      section 49.104, subsection 2, 3, or 5, may upon request view the
      roster of those voters who have signed declarations of eligibility,
      so long as the person does not interfere with the functions of the
      precinct election officials.
         3. a.  A precinct election official shall require any person
      whose name does not appear on the election register as an active
      voter to show identification.  Specific documents which are
      acceptable forms of identification shall be prescribed by the state
      commissioner.
         b.  A precinct election official may require of the voter
      unknown to the official, identification in the form prescribed by the
      state commissioner by rule.  If identification is established to the
      satisfaction of the precinct election officials, the person may then
      be allowed to vote.
         4. a.  A person whose name does not appear on the election
      register of the precinct in which that person claims the right to
      vote shall not be permitted to vote, unless the person affirms that
      the person is currently registered in the county and presents proof
      of identity, or the commissioner informs the precinct election
      officials that an error has occurred and that the person is a
      registered voter of that precinct.  If the commissioner finds no
      record of the person's registration but the person insists that the
      person is a registered voter of that precinct, the precinct election
      officials shall allow the person to cast a ballot in the manner
      prescribed by section 49.81.
         b.  If the voter informs the precinct election official that
      the voter resides in the precinct and is not registered to vote, the
      voter may register to vote pursuant to section 48A.7A and cast a
      ballot.  If such a voter is unable to establish identity and
      residency in the manner provided in section 48A.7A, subsection 1,
      paragraph "b" or "c", the voter shall be allowed to cast a
      ballot in the manner prescribed by section 49.81.
         c.  A person who has been sent an absentee ballot by mail but
      for any reason has not received it shall be permitted to cast a
      ballot in person pursuant to section 53.19 and in the manner
      prescribed by section 49.81.
         5.  The request for the telephone number in the declaration of
      eligibility in subsection 1 is not mandatory and the failure by the
      voter to provide the telephone number does not affect the
      declaration's validity.  
         Section History: Early Form
         [C97, § 1114; C24, § 794, 795; C27, 31, 35, § 718-b20, 794, 795;
      C39, § 718.21, 794, 795; C46, 50, 54, 58, 62, 66, 71, § 48.21,
      49.77, 49.78; C73, 75, 77, 79, 81, § 49.77] 
         Section History: Recent Form
         83 Acts, ch 176, § 5; 87 Acts, ch 221, § 16, 17; 88 Acts, ch 1119,
      § 19; 94 Acts, ch 1169, §50; 94 Acts, ch 1180, §14; 98 Acts, ch 1123,
      § 6; 2006 Acts, ch 1002, §3, 4; 2007 Acts, ch 35, §6, 7; 2008 Acts,
      ch 1032, §152; 2008 Acts, ch 1115, §98; 2009 Acts, ch 57, §33
         Referred to in § 48A.37, 49.81, 50.6

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