2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 53 - ABSENT VOTERS
53.40 - REQUEST REQUIREMENTS -- TRANSMISSION OF BALLOT.

        53.40  REQUEST REQUIREMENTS -- TRANSMISSION OF
      BALLOT.
         1. a.  A request in writing for a ballot may be made by any
      member of the armed forces of the United States who is or will be a
      qualified voter on the day of the election at which the ballot is to
      be cast, at any time before the election.  Any member of the armed
      forces of the United States may request ballots for all elections to
      be held through the next two general elections.  The request may be
      made by using the federal postcard application form and indicating
      that the applicant wishes to receive ballots for all elections as
      permitted by state law.  The county commissioner shall send the
      applicant a ballot for each election held after the application is
      received and through the next two general elections.  The
      commissioner shall forward a copy of the absentee ballot request to
      other commissioners who are responsible under section 47.2,
      subsection 2, for conducting elections in which the applicant is
      eligible to vote.
         b.  Unless the request specifies otherwise, a request for the
      primary election shall also be considered a request for the general
      election.  In the case of the general election, request may be made
      not more than seventy days before the election, for and on behalf of
      a voter in the armed forces of the United States by a spouse, parent,
      parent-in-law, adult brother, adult sister, or adult child of the
      voter, residing in the county of the voter's residence.  However, a
      request made by other than the voter may be required to be made on
      forms prescribed by the state commissioner.
         c.  A request shall show the residence, including street
      address, if any, of the voter and the age of the voter and shall
      designate the address to which the ballot is to be sent.  In the case
      of the primary election, the request shall also show the party
      affiliation of the voter.  The request shall be made to the
      commissioner of the county of the voter's residence.  However, if the
      request is made by the voter to any elective state, city, or county
      official, the official shall forward it to the commissioner of the
      county of the voter's residence, and such request so forwarded shall
      have the same force and effect as if made directly to the
      commissioner by the voter.
         2.  The commissioner shall immediately on the fortieth day prior
      to the particular election transmit ballots to the voter by mail or
      otherwise, postage prepaid, as directed by the state commissioner,
      requests for which are in the commissioner's hands at that time, and
      thereafter so transmit ballots immediately upon receipt of requests.
      A request for ballot for the primary election which does not state
      the party affiliation of the voter making the request is void and of
      no effect.  A request which does not show that the person for whom a
      ballot is requested will be a qualified voter in the precinct in
      which the ballot is to be cast on the day of the election for which
      the ballot is requested, shall not be honored.  However, a request
      which states the age and the city, including street address, if any,
      or township, and county where the voter resides, and which shows a
      sufficient period of residence, is sufficient to show that the person
      is a qualified voter.  A request by the voter containing
      substantially the information required is sufficient.
         3.  If the affidavit on the affidavit envelope shows that the
      affiant is not a qualified voter on the day of the election at which
      the ballot is offered for voting, the envelope shall not be opened,
      but the envelope and ballot contained in the envelope shall be
      preserved and returned by the precinct election officials to the
      commissioner, who shall preserve them for the period of time and
      under the conditions provided for in sections 50.12 through 50.15 and
      section 50.19.  

         Section History: Early Form

         [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 53.40] 

         Section History: Recent Form

         84 Acts, ch 1219, § 3; 87 Acts, ch 221, § 18; 89 Acts, ch 136,
      §55; 94 Acts, ch 1180, §27; 2002 Acts, ch 1134, §71, 115; 2004 Acts,
      ch 1083, §35, 37; 2007 Acts, ch 215, §238; 2009 Acts, ch 57, §71
         Referred to in § 48A.5, 53.45