Absentee ballot applications and affidavits of candidacy may
be submitted electronically using either fax or email.
(1)
Electronic copies of absentee
ballot applications and affidavits of candidacy accepted for filing.
Assuming that all other legal requirements are met, absentee ballot
applications and affidavits of candidacy required by Iowa Code chapters 43, 44,
45, 161A, 260C, 277, 376 and 420 may be submitted electronically by either fax
or email if presented to the appropriate filing officer as an exact copy of the
original and if the submission is in compliance with subrule 21.2(2).
(2)
Original absentee ballot
applications. The original absentee ballot application submitted
electronically shall also be mailed or delivered to the commissioner. If
mailed, the envelope bearing the original absentee ballot application shall be
postmarked not later than the voter registration deadline provided in Iowa Code
section
48A.9 for the election for which the ballot is requested. This subrule
shall not apply to documents submitted electronically by UOCAVA voters pursuant
to rule
721-21.320 (53).
The voter's absentee ballot shall be rejected by the absentee
and special voters precinct board if the original absentee ballot application
which was filed electronically is not received by the time the polls close on
election day.
(3)
Original affidavits of candidacy. The original copy of an
affidavit of candidacy submitted electronically shall also be filed with the
appropriate commissioner. The envelope bearing the original affidavit (if any)
shall be postmarked not later than the last day to file the document.
a. The filing shall be void if the original
affidavit of candidacy filed electronically is not received within seven days
after the filing deadline for the original affidavit of candidacy.
b. The filing shall be void if the postmark
on the envelope containing the original affidavit of candidacy is later than
the filing deadline.
c. If an
affidavit of candidacy filing is voided because the original affidavit of
candidacy submitted by facsimile machine was postmarked too late or arrives too
late, the person who filed the document shall be notified immediately in
writing.
This rule is intended to implement Iowa Code sections 43.11,
43.19, 43.54, 43.67, 43.78, 44.3, 45.3, 45.4, 46.20, 47.1, 47.2, 53.2, 53.8,
53.17, 53.22, 53.25, 53.40, 53.45, 61.3, 161A.5, 260C.15, 277.4, 376.4, 376.11 and 420.130.
Notes
Iowa Admin. Code r. 721-21.2
ARC 8045B, IAB 8/26/09,
effective 7/27/09; ARC 9879B, IAB 11/30/11, effective 1/4/12
Amended by
IAB
January 21, 2015/Volume XXXVII, Number 15, effective
2/25/2015
Amended by
IAB
August 3, 2016/Volume XXXIX, Number 03, effective
8/1/2016
Amended by
IAB
November 8, 2017/Volume XL, Number 10, effective
12/13/2017
Amended by
IAB
December 1, 2021/Volume XLIV, Number 11, effective
1/5/2022
