2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 53 - ABSENT VOTERS
53.18 - MANNER OF PRESERVING BALLOT AND APPLICATION -- REVIEW OF AFFIDAVIT -- REPLACEMENT BALLOTS.

        53.18  MANNER OF PRESERVING BALLOT AND APPLICATION --
      REVIEW OF AFFIDAVIT -- REPLACEMENT BALLOTS.
         1.  When the return envelope containing the completed absentee
      ballot is received by the commissioner, the commissioner shall at
      once record receipt of such ballot.  Absentee ballots shall be stored
      in a secure place until they are delivered to the absentee and
      special voters precinct board.
         2.  If the commissioner receives the return envelope containing
      the completed absentee ballot by 5:00 p.m. on the Saturday before the
      election for general and primary elections and by 5:00 p.m. on the
      Friday before the election for all other elections, the commissioner
      shall open the envelope to review the affidavit for any deficiencies.
      If the affidavit contains a deficiency that would cause the ballot to
      be rejected, the commissioner shall, within twenty-four hours of the
      time the envelope was received, notify the voter of that fact and
      that the voter may correct the deficiency by 5:00 p.m. on the day
      before the election.
         3.  If the affidavit envelope is open when received by the
      commissioner, or has been opened and resealed, or if the ballot is
      not enclosed in the affidavit envelope, the commissioner shall
      immediately notify the voter of that fact and that the voter's
      absentee ballot shall not be counted unless the voter applies for a
      replacement ballot and returns the replacement ballot in the time
      permitted under section 53.17, subsection 2.  The replacement ballot
      application shall be the same as is required for an application under
      section 53.2.  If the information on the replacement ballot
      application matches the information on the original application, the
      voter shall be allowed to complete a replacement absentee ballot.
      The same serial number that was assigned to the records of the
      original absentee ballot application shall be used on the envelope
      and records of the replacement ballot.  The affidavit envelope
      containing the completed replacement ballot shall be marked
      "Replacement ballot".  The affidavit envelope containing the original
      ballot shall be marked "Defective ballot" and the replacement ballot
      and replacement ballot application shall be attached to the original
      application and affidavit envelope containing the original ballot and
      shall be stored in a secure place until they are delivered to the
      absentee and special voters precinct board, notwithstanding sections
      53.26 and 53.27.
         4.  The state commissioner of elections shall adopt rules for
      implementation of this section.  

         Section History: Early Form

         [SS15, § 1137-h, -i; C24, 27, 31, 35, 39, § 944; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 53.18] 

         Section History: Recent Form

         89 Acts, ch 136, §52; 91 Acts, ch 129, §20; 2002 Acts, ch 1134,
      §67, 115; 2007 Acts, ch 215, §229; 2009 Acts, ch 57, §65
         Referred to in § 53.19, 53.25, 53.49