IOWA STATUTES AND CODES
53.2 - APPLICATION FOR BALLOT.
53.2 APPLICATION FOR BALLOT.
1. a. Any registered voter, under the circumstances specified
in section 53.1, may on any day, except election day, and not more
than seventy days prior to the date of the election, apply in person
for an absentee ballot at the commissioner's office or at any
location designated by the commissioner. However, for those
elections in which the commissioner directs the polls be opened at
noon pursuant to section 49.73, a voter may apply in person for an
absentee ballot at the commissioner's office from 8:00 a.m. until
11:00 a.m. on election day.
b. A registered voter may make written application to the
commissioner for an absentee ballot. A written application for an
absentee ballot must be received by the commissioner no later than
5:00 p.m. on the Friday before the election. A written application
for an absentee ballot delivered to the commissioner and received by
the commissioner more than seventy days prior to the date of the
election shall be retained by the commissioner and processed in the
same manner as a written application received not more than seventy
days before the date of the election.
2. a. The state commissioner shall prescribe a form for
absentee ballot applications. However, if a registered voter submits
an application on a sheet of paper no smaller than three by five
inches in size that includes all of the information required in this
section, the prescribed form is not required.
b. Absentee ballot applications may include instructions to
send the application directly to the county commissioner of
elections. However, no absentee ballot application shall be
preaddressed or printed with instructions to send the applications to
anyone other than the appropriate commissioner.
c. No absentee ballot application shall be preaddressed or
printed with instructions to send the ballot to anyone other than the
voter.
3. This section does not require that a written communication
mailed to the commissioner's office to request an absentee ballot, or
any other document be notarized as a prerequisite to receiving or
marking an absentee ballot or returning to the commissioner an
absentee ballot which has been voted.
4. Each application shall contain the name and signature of the
registered voter, the registered voter's date of birth, the address
at which the voter is registered to vote, and the name or date of the
election for which the absentee ballot is requested, and such other
information as may be necessary to determine the correct absentee
ballot for the registered voter. If insufficient information has
been provided, either on the prescribed form or on an application
created by the applicant, the commissioner shall, by the best means
available, obtain the additional necessary information.
5. An application for a primary election ballot which specifies a
party different from that recorded on the registered voter's voter
registration record, or if the voter's voter registration record does
not indicate a party affiliation, shall be accepted as a change or
declaration of party affiliation. The commissioner shall approve the
change or declaration and enter a notation of the change on the
registration records at the time the absentee ballot request is noted
on the voter's registration record. A notice shall be sent with the
ballot requested informing the voter that the voter's registration
record will be changed to show that the voter is now affiliated with
the party whose ballot the voter requested. If an application for a
primary election ballot does not specify a party and the voter
registration record of the voter from whom the application is
received shows that the voter is affiliated with a party, the voter
shall be mailed the ballot of the party indicated on the voter's
registration record.
6. If an application for an absentee ballot is received from an
eligible elector who is not a registered voter the commissioner shall
send the eligible elector a voter registration form and another
absentee ballot application form. If the application is received
after the time registration closes pursuant to section 48A.9 but by
5:00 p.m. on the Saturday before the election for general and primary
elections or by 5:00 p.m. on the Friday before the election for all
other elections, the commissioner shall notify the applicant by mail
of the election day and in-person absentee registration provisions of
section 48A.7A. In addition to notification by mail, the
commissioner shall also attempt to contact the applicant by any other
method available to the commissioner.
7. A registered voter who has not moved from the county in which
the elector is registered to vote may submit a change of name,
telephone number, or address on the absentee ballot application form
when requesting an absentee ballot. Upon receipt of a properly
completed form, the commissioner shall enter a notation of the change
on the registration records.
8. An application for an absentee ballot that is returned to the
commissioner by a person acting as an actual or implied agent for a
political party, candidate, or committee, all as defined by chapter
68A, shall be returned to the commissioner within seventy-two hours
of the time the completed application was received from the applicant
or no later than 5:00 p.m. on the Friday before the election,
whichever is earlier. Section History: Early Form
[SS15, § 1137-c, -d; C24, 27, 31, 35, 39, § 928, 930; C46, 50,
54, 58, 62, 66, 71, § 53.2, 53.4; C73, 75, 77, 79, 81, § 53.2] Section History: Recent Form
83 Acts, ch 176, § 6; 84 Acts, ch 1291, § 11; 86 Acts, ch 1224, §
28; 87 Acts, ch 221, § 25; 91 Acts, ch 129, §17; 94 Acts, ch 1169,
§54; 95 Acts, ch 189, §15; 97 Acts, ch 170, § 68; 2004 Acts, ch 1083,
§28, 29, 37; 2007 Acts, ch 59, §23, 38; 2008 Acts, ch 1032, §157;
2008 Acts, ch 1053, §1, 2; 2009 Acts, ch 57, §61
Referred to in § 53.18, 53.22, 53.39, 53.45, 53.49