2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 53 - ABSENT VOTERS
53.53 - FEDERAL WRITE-IN BALLOTS.

        53.53  FEDERAL WRITE-IN BALLOTS.
         1.  Upon receipt of an official federal write-in ballot, the
      commissioner shall examine the voter's written declarations on the
      envelope.  If it appears that the voter is eligible to vote under the
      provisions of this division, has applied in a timely fashion for an
      absentee ballot, and has complied with all requirements for the
      federal write-in ballot, then the federal write-in ballot is valid
      unless the Iowa absentee ballot is received in time to be counted.
         2.  The voter's declaration or affirmation on the federal write-in
      ballot constitutes a sufficient registration under the provisions of
      chapter 48A and the commissioner shall place the voter's name on the
      registration record as a registered voter, if the voter's name does
      not already appear on the registration record.  No witness to the
      oath is necessary.
         3.  Federal write-in absentee ballots may be used in primary and
      general elections, and in special elections held pursuant to section
      69.14.  The federal write-in absentee ballot transmission envelope
      may also serve as an application for voter registration if the
      information submitted is sufficient to register the person to vote
      and the applicant is otherwise eligible to vote under the provisions
      of this division.
         4.  The federal write-in ballot shall not be counted if any of the
      following apply:
         a.  The ballot was submitted from within the United States,
      unless the voter is a member of the armed forces of the United States
      as described in section 53.37, subsection 2, on active duty, and away
      from the voter's county of residence for purposes of serving on
      active duty.
         b.  The voter's application for a regular absentee ballot was
      received by the commissioner less than fourteen days prior to the
      election.  However, if the voter's application for a regular absentee
      ballot is not received by the commissioner and if the federal
      write-in absentee ballot is not prohibited by another provision of
      this subsection, a federal write-in absentee ballot cast by the voter
      and received by the commissioner is valid.
         c.  The voter's completed regular or special Iowa absentee
      ballot was received by the deadline for return of absentee ballots
      established in section 53.17.
         d.  The voter's federal write-in ballot was received after the
      deadline for return of absentee ballots established in section 53.17.

         5.  A federal write-in ballot received by the state commissioner
      of elections shall be forwarded immediately to the appropriate county
      commissioner.  However, if the state commissioner receives a federal
      write-in ballot after election day and before noon on the Monday
      following an election, the state commissioner shall at once verify
      that the voter has complied with the requirements of this section and
      that the voter's federal write-in ballot is eligible to be counted.
      If the ballot is eligible to be counted, the state commissioner shall
      notify the appropriate county commissioner and make arrangements for
      the ballot to be transmitted to the county for counting.  If the
      ballot is not eligible to be counted, the state commissioner shall
      mail the ballot to the appropriate commissioner along with
      notification that the ballot is ineligible to be counted.  The county
      commissioner shall keep the ballot with the other records of the
      election.
         6.  The county commissioner shall notify a voter when the voter's
      federal write-in ballot was not counted and shall give the voter the
      reason the ballot was not counted.  

         88 Acts, ch 1119, §31; 94 Acts, ch 1169, §56; 94 Acts, ch 1180,
      §30; 2004 Acts, ch 1083, §36, 37; 2007 Acts, ch 59, §35, 36, 38; 2009
      Acts, ch 57, §72
         Referred to in § 48A.5