2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 49 - METHOD OF CONDUCTING ELECTIONS
49.81 - PROCEDURE FOR VOTER TO CAST PROVISIONAL BALLOT.

        49.81  PROCEDURE FOR VOTER TO CAST PROVISIONAL
      BALLOT.
         1.  A prospective voter who is prohibited under section 48A.8,
      subsection 4, section 49.77, subsection 4, or section 49.80 from
      voting except under this section shall be notified by the appropriate
      precinct election official that the voter may cast a provisional
      ballot.  If a booth meeting the requirement of section 49.25 is not
      available at that polling place, the precinct election officials
      shall make alternative arrangements to insure the voter the
      opportunity to vote in secret.  The voter shall mark the ballot, fold
      it or insert it in a secrecy envelope as required by section 49.84,
      and immediately seal it in an envelope of the type prescribed by
      subsection 4.  The voter shall deliver the sealed envelope to a
      precinct election official who shall deposit it in an envelope marked
      "provisional ballots".  The ballot shall be considered as having been
      cast in the special precinct established by section 53.20 for
      purposes of the postelection canvass.
         2.  Each person who casts a provisional ballot under this section
      shall receive a printed statement in a form prescribed by the state
      commissioner by rule adopted in accordance with chapter 17A.  The
      statement shall contain, at a minimum, the following information:
         a.  The reason the person is casting a provisional ballot.
         b.  If the person is casting a provisional ballot because the
      person failed to provide a required form of identification, a list of
      the types of acceptable identification and notification that the
      person must show identification before the ballot can be counted.
         c.  If the person is casting a provisional ballot because the
      person's qualifications as a registered voter have been challenged,
      the allegations contained in the written challenge, a description of
      the challenge process, and the person's right to address the
      challenge.
         d.  A statement that if the person's ballot is not counted,
      the person will receive, by mail, notification of this fact and the
      reason the ballot was not counted.
         e.  Other information deemed necessary by the state
      commissioner.
         3.  Any eligible elector may present written statements or
      documents, supporting or opposing the counting of any provisional
      ballot, to the precinct election officials on election day, until the
      hour for closing the polls.  Any statements or documents so presented
      shall be delivered to the commissioner when the election supplies are
      returned.
         4. a. (1)  The individual envelopes used for each provisional
      ballot cast pursuant to subsection 1 shall have space for the voter's
      name, date of birth, and address and shall have printed on them the
      following:


         I am a United States citizen, at least eighteen years of age.  I
      believe I am a registered voter of this county and I am eligible to
      vote in this election.
                               .............
                               (signature of voter)  (date)


         (2)  The following information is to be provided by the precinct
      election official:
               Reason for casting provisional ballot:
               .....................
               .....................
                               .............
                               (signature of precinct
                               election official)


         b.  The precinct election official shall attach a completed
      voter registration form from each provisional voter unless the
      person's registration status is listed in the election register as
      active or pending.  If a voter is casting a provisional ballot
      because the voter's qualifications as a registered voter have been
      challenged, the precinct election official shall attach the signed
      challenge to the provisional ballot envelope.  

         Section History: Early Form

         [C77, 79, 81, § 49.81] 

         Section History: Recent Form

         87 Acts, ch 221, § 19, 20; 94 Acts, ch 1169, §51, 64; 2002 Acts,
      ch 1134, §40, 115; 2004 Acts, ch 1083, §20, 37; 2004 Acts, ch 1175,
      §358; 2008 Acts, ch 1115, §88
         Referred to in § 48A.8, 49.77, 49.79, 49.80, 50.20, 50.21, 53.19