Senate File 474 - Introduced SENATE FILE 474 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1163) A BILL FOR An Act relating to the conduct and administration of elections, 1 including voter registration, absentee voting, voter 2 identity verification, signature verification, polling place 3 prohibitions, commissioner certifications, and post-election 4 audits, creating an electronic poll book and polling place 5 technology revolving loan fund, providing penalties, and 6 including effective date and applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1365SV (3) 87 aw/sc

S.F. 474 DIVISION I 1 GENERAL PROVISIONS 2 Section 1. Section 22.7, Code 2017, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 70. The voter verification number, as 5 defined in section 53.2, subsection 4, paragraph “c” , that is 6 assigned to a voter and maintained and updated in the statewide 7 voter registration system. 8 Sec. 2. Section 39A.5, subsection 1, paragraph b, Code 2017, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (3) Violating any provision of chapter 11 48A for which another penalty is not provided. 12 Sec. 3. NEW SECTION . 48A.24 Deadline for submitting voter 13 registration forms. 14 1. A person who accepts a completed voter registration form 15 from an applicant shall submit the form to the appropriate 16 commissioner within seven days of receiving the form if the 17 person accepting the form is doing so on behalf of any of the 18 following: 19 a. A political party, as defined in section 43.2. 20 b. A nonparty political organization required to nominate 21 candidates under chapter 44. 22 c. A candidate or committee, as defined in section 68A.102. 23 2. Notwithstanding the deadline in subsection 1, a person 24 described in subsection 1 who accepts a completed voter 25 registration form from an applicant within three days of the 26 voter registration deadline prescribed in section 48A.9 for 27 the next election shall submit the form to the appropriate 28 commissioner within twenty-four hours of accepting the form, 29 and not later than the registration deadline. 30 Sec. 4. Section 48A.30, subsection 1, Code 2017, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0f. The registered voter is not a resident 33 of Iowa, or the registered voter submits documentation under 34 section 607A.4, subsection 3, that indicates that the voter is 35 -1- LSB 1365SV (3) 87 aw/sc 1/ 22

S.F. 474 not a citizen of the United States. 1 Sec. 5. Section 48A.31, Code 2017, is amended to read as 2 follows: 3 48A.31 Deceased persons record. 4 The state registrar of vital statistics shall transmit 5 or cause to be transmitted to the state registrar of voters, 6 once each calendar quarter, a certified list of all persons 7 seventeen and one-half years of age and older in the state 8 whose deaths have been reported to the bureau of vital records 9 of the Iowa department of public health since the previous list 10 of decedents was certified to the state registrar of voters. 11 The list shall be submitted according to the specifications 12 of the state registrar of voters and shall be transmitted to 13 the state registrar of voters without charge for production or 14 transmission . The commissioner shall, in the month following 15 the end of a calendar quarter, run the statewide voter 16 registration system’s matching program to determine whether a 17 listed decedent was registered to vote in the county and shall 18 immediately cancel the registration of any person named on the 19 list of decedents. 20 Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 2017, 21 are amended to read as follows: 22 1. a. Any registered voter, under the circumstances 23 specified in section 53.1 , may on any day, except election day, 24 and not more than seventy one hundred twenty days prior to the 25 date of the election, apply in person for an absentee ballot 26 at the commissioner’s office or at any location designated by 27 the commissioner. However, for those elections in which the 28 commissioner directs the polls be opened at noon pursuant to 29 section 49.73 , a voter may apply in person for an absentee 30 ballot at the commissioner’s office from 8:00 a.m. until 11:00 31 a.m. on election day. 32 b. A registered voter may make written application to the 33 commissioner for an absentee ballot. A written application 34 for an absentee ballot must be received by the commissioner 35 -2- LSB 1365SV (3) 87 aw/sc 2/ 22

S.F. 474 no later than 5:00 p.m. on the Friday before the election 1 on the same day as the voter registration deadline provided 2 in section 48A.9 for the election for which the ballot is 3 requested, except when the absentee ballot is requested and 4 voted at the commissioner’s office pursuant to section 53.10 . 5 A written application for an absentee ballot delivered to the 6 commissioner and received by the commissioner more than seventy 7 one hundred twenty days prior to the date of the election shall 8 be retained by the commissioner and processed in the same 9 manner as a written application received not more than seventy 10 days before the date of the election returned to the voter 11 with a notification of the date when the applications will be 12 accepted . 13 4. a. Each application shall contain the following 14 information: 15 (1) The name and signature of the registered voter , the . 16 (2) The registered voter’s date of birth , the . 17 (3) The address at which the voter is registered to vote , 18 and the . 19 (4) The registered voter’s voter verification number. 20 (5) The name or date of the election for which the absentee 21 ballot is requested , and such . 22 (6) Such other information as may be necessary to determine 23 the correct absentee ballot for the registered voter. 24 b. If insufficient information has been provided, including 25 the absence of a voter verification number, either on the 26 prescribed form or on an application created by the applicant, 27 the commissioner shall, by the best means available, obtain 28 the additional necessary information. A voter requesting 29 or casting a ballot pursuant to section 53.22 shall not be 30 required to provide a voter verification number. 31 c. For purposes of this subsection, “voter verification 32 number” means the registered voter’s driver’s license number 33 or nonoperator’s identification card number assigned to the 34 voter by the department of transportation or the registered 35 -3- LSB 1365SV (3) 87 aw/sc 3/ 22

S.F. 474 voter’s identification number assigned to the voter by the 1 state commissioner pursuant to section 47.7, subsection 2. 2 8. An application for an absentee ballot that is returned 3 to the commissioner by a person acting as an actual or implied 4 agent for a political party, as defined in section 43.2, or 5 by a candidate , or committee, all both as defined by chapter 6 68A , shall be returned to the commissioner within seventy-two 7 hours of the time the completed application was received from 8 the applicant or no later than 5:00 p.m. on the Friday before 9 same day as the election deadline under subsection 1, paragraph 10 “b” , whichever is earlier. An application received by a person 11 acting as an actual or implied agent of a political party after 12 the deadline but before the date of the election shall be 13 returned to the commissioner within twenty-four hours. 14 Sec. 7. Section 53.10, Code 2017, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 2A. A voter shall not vote or offer to 17 vote any ballot except such as the voter has received from 18 the commissioner. A voter voting an absentee ballot at the 19 commissioner’s office shall not take or remove any ballot from 20 the commissioner’s office. 21 DIVISION II 22 VOTER IDENTITY AND SIGNATURE VERIFICATION 23 Sec. 8. Section 48A.7A, subsection 1, paragraph b, 24 subparagraph (1), subparagraph division (c), Code 2017, is 25 amended to read as follows: 26 (c) A United States military or veterans identification 27 card. 28 Sec. 9. NEW SECTION . 48A.10A Voter verification cards —— 29 verification of voter registration information. 30 1. The state registrar shall, each week, compare lists 31 of persons who registered to vote during the preceding week 32 with the department of transportation’s driver’s license and 33 nonoperator’s identification card files and shall issue a voter 34 verification card to each active, registered voter whose name 35 -4- LSB 1365SV (3) 87 aw/sc 4/ 22

S.F. 474 does not appear in the department of transportation’s files. 1 2. A voter verification card issued under this section shall 2 be used only for voting and voter registration purposes. 3 3. A person issued a voter verification card under this 4 section shall not be charged any fee for the issuance or 5 delivery of the voter verification card. 6 4. Implementation of this section shall be contingent upon 7 appropriations by the general assembly in sufficient amounts to 8 meet the requirements of this section. 9 5. The state registrar shall adopt rules pursuant to chapter 10 17A to implement this section. 11 Sec. 10. Section 48A.38, subsection 1, paragraph f, Code 12 2017, is amended to read as follows: 13 f. The county commissioner of registration and the state 14 registrar of voters shall remove a voter’s whole or partial 15 social security number, as applicable, voter identification 16 number assigned by the state commissioner, Iowa driver’s 17 license number, or Iowa nonoperator’s identification card 18 number from a voter registration list prepared pursuant to this 19 section . 20 Sec. 11. Section 49.53, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. The commissioner shall not less than four nor more than 23 twenty days before the day of each election, except those for 24 which different publication requirements are prescribed by law, 25 publish notice of the election. The notice shall contain a 26 facsimile of the portion of the ballot containing the first 27 rotation as prescribed by section 49.31, subsection 2 , and 28 shall show the names of all candidates or nominees and the 29 office each seeks, and all public questions, to be voted upon 30 at the election. The sample ballot published as a part of the 31 notice may at the discretion of the commissioner be reduced in 32 size relative to the actual ballot but such reduction shall 33 not cause upper case letters appearing in candidates’ names or 34 in summaries of public measures on the published sample ballot 35 -5- LSB 1365SV (3) 87 aw/sc 5/ 22

S.F. 474 to be less than nine point type. The notice shall also state 1 the date of the election, the hours the polls will be open, 2 that each voter is required to provide identification at the 3 polling place before the voter can receive and cast a ballot, 4 the location of each polling place at which voting is to occur 5 in the election, and the names of the precincts voting at each 6 polling place, but the statement need not set forth any fact 7 which is apparent from the portion of the ballot appearing as 8 a part of the same notice. The notice shall include the full 9 text of all public measures to be voted upon at the election. 10 Sec. 12. Section 49.77, subsection 1, unnumbered paragraph 11 1, Code 2017, is amended to read as follows: 12 The board members of their respective precincts shall have 13 charge of the ballots and shall furnish them to the voters 14 after verifying each voter’s identity pursuant to section 15 49.78 . 16 Sec. 13. Section 49.77, subsection 3, Code 2017, is amended 17 by striking the subsection. 18 Sec. 14. NEW SECTION . 49.78 Voter identity and signature 19 verification. 20 1. To ensure the integrity of, and to instill public 21 confidence in, all elections in this state the general assembly 22 finds that the verification of a voter’s identity is necessary 23 before a voter is permitted to receive and cast a ballot. 24 2. a. Before a precinct election official furnishes 25 a ballot to a voter under section 49.77, the voter shall 26 establish the voter’s identity by presenting the official with 27 one of the following forms of identification for verification: 28 (1) A voter verification card issued pursuant to section 29 48A.10A. 30 (2) An Iowa driver’s license issued pursuant to section 31 321.189. 32 (3) An Iowa nonoperator’s identification card issued 33 pursuant to section 321.190. 34 (4) A United States passport. 35 -6- LSB 1365SV (3) 87 aw/sc 6/ 22

S.F. 474 (5) A United States military or veterans identification 1 card. 2 (6) A voter acknowledgment card issued by the commissioner 3 pursuant to sections 48A.26 through 48A.29 if the voter 4 acknowledgment card is signed before the voter presents the 5 card to the official. 6 b. Upon being presented with a form of identification under 7 this section, the precinct election official shall examine 8 the identification. The precinct election official shall use 9 the information on the identification card, including the 10 signature, to determine whether the person offering to vote 11 appears to be the person depicted on the identification card. 12 The voter’s signature shall generally be presumed to be valid. 13 If the identification provided does not appear to be the person 14 offering to vote under section 49.77, the precinct election 15 official shall challenge the person offering to vote in the 16 same manner provided for other challenges by sections 49.79 17 and 49.80. A person offering to vote who establishes identity 18 by presenting a veteran’s identification card that does not 19 contain a signature, is not subject to challenge under this 20 paragraph “b” . 21 3. A person who is registered to vote but is unable to 22 present a form of identification listed under subsection 2 may 23 present other forms of identification listed in section 48A.7A, 24 subsection 1, paragraph “b” , to establish the voter’s identity 25 under this section. 26 4. A person who is registered to vote but is unable 27 to present a form of identification under subsection 2 or 28 3 may establish identity and residency in the precinct by 29 written oath of a person who is also registered to vote in 30 the precinct. The attesting registered voter’s oath shall 31 attest to the stated identity of the person wishing to vote 32 and that the person is a current resident of the precinct. 33 The oath must be signed by the attesting registered voter in 34 the presence of the appropriate precinct election official. 35 -7- LSB 1365SV (3) 87 aw/sc 7/ 22

S.F. 474 A registered voter who has signed two oaths on election day 1 attesting to a person’s identity and residency as provided in 2 this subsection is prohibited from signing any further oaths as 3 provided in this subsection on that day. 4 5. The form of the written oath required of a registered 5 voter attesting to the identity and residency of the voter 6 unable to present a form of identification shall read as 7 follows: 8 I, ..... (name of attesting registered voter), do solemnly 9 swear or affirm all of the following: 10 I am a preregistered voter in this precinct or I registered to 11 vote in this precinct today, and a registered voter did not 12 sign an oath on my behalf. I have not signed more than one oath 13 attesting to the identity and residence of any other person in 14 this election. 15 I am a resident of the ... precinct, ... ward or township, 16 city of ....., county of ....., Iowa. 17 I reside at ....... (street address) in ..... (city or 18 township). 19 I personally know ..... (name of voter), and I personally know 20 that ..... (name of voter) is a resident of the ... precinct, 21 ..... ward or township, city of ....., county of ....., Iowa. 22 I understand that any false statement in this oath is a class 23 “D” felony punishable by no more than five years in confinement 24 and a fine of at least seven hundred fifty dollars but not more 25 than seven thousand five hundred dollars. 26 ............. 27 Signature of Attesting Registered Voter 28 Subscribed and sworn before me on .. (date). 29 ............. 30 Signature of Precinct Election Official 31 6. A voter who is not otherwise disqualified from voting and 32 who has established identity under subsection 2, 3, or 4 shall 33 be furnished a ballot and be allowed to vote under section 34 49.77. 35 -8- LSB 1365SV (3) 87 aw/sc 8/ 22

S.F. 474 7. A registered voter who fails to establish the voter’s 1 identity under this section shall be permitted to cast a 2 provisional ballot under section 49.81. 3 8. a. Notwithstanding subsection 7, for any election 4 conducted prior to January 1, 2019, a registered voter who 5 fails to establish the voter’s identity under this section 6 shall be permitted to vote upon signing an oath attesting to 7 the voter’s identity. The form of the written oath required of 8 the person voting under this subsection shall read as follows: 9 My name is ............., and I am a United States citizen, 10 at least eighteen years of age. I am the person named above, I 11 am a registered voter of this county, and I am eligible to vote 12 in this election. 13 ............. 14 (signature of voter) (date) 15 b. This subsection is repealed July 1, 2019. 16 Sec. 15. Section 49.81, Code 2017, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 1A. A prospective voter who is unable to 19 establish identity under section 49.78, subsection 2, paragraph 20 “a” , or section 49.78, subsection 3 or 4, shall be notified by 21 the appropriate precinct election official that the voter may 22 cast a provisional ballot. The voter shall mark the ballot and 23 immediately seal it in an envelope of the type prescribed by 24 subsection 4. The voter shall deliver the sealed envelope to a 25 precinct election official who shall deposit it in an envelope 26 marked “provisional ballots”. The ballot shall be considered 27 as having been cast in the special precinct established by 28 section 53.20 for purposes of the postelection canvass. 29 Sec. 16. Section 53.2, Code 2017, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 4A. The commissioner may dispute an 32 application if it appears to the commissioner that the 33 signature on the application has been signed by someone other 34 than the registered voter, in comparing the signature on the 35 -9- LSB 1365SV (3) 87 aw/sc 9/ 22

S.F. 474 application to the signature on record of the registered 1 voter named on the application. If the commissioner disputes 2 a registered voter’s application under this subsection, 3 the commissioner shall notify the registered voter and the 4 registered voter may submit a new application and signature or 5 update the registered voter’s signature on record, as provided 6 by rule adopted by the state commissioner. 7 Sec. 17. Section 53.18, subsection 3, Code 2017, is amended 8 to read as follows: 9 3. If the affidavit envelope or the return envelope marked 10 with the affidavit contains a defect that would cause the 11 absentee ballot to be rejected by the absentee and special 12 voters precinct board, the commissioner shall immediately 13 notify the voter of that fact and that the voter’s absentee 14 ballot shall not be counted unless the voter requests and 15 returns a replacement ballot in the time permitted under 16 section 53.17, subsection 2 . For the purposes of this section, 17 a return envelope marked with the affidavit shall be considered 18 to contain a defect if it appears to the commissioner that 19 the signature on the envelope has been signed by someone 20 other than the registered voter, in comparing the signature 21 on the envelope to the signature on record of the registered 22 voter named on the envelope. A signature or marking made 23 in accordance with section 39.3, subsection 17, shall not 24 be considered a defect for purposes of this section. The 25 voter may request a replacement ballot in person, in writing, 26 or over the telephone. The same serial number that was 27 assigned to the records of the original absentee ballot 28 application shall be used on the envelope and records of the 29 replacement ballot. The envelope marked with the affidavit and 30 containing the completed replacement ballot shall be marked 31 “Replacement ballot”. The envelope marked with the affidavit 32 and containing the original ballot shall be marked “Defective” 33 and the replacement ballot shall be attached to such envelope 34 containing the original ballot and shall be stored in a secure 35 -10- LSB 1365SV (3) 87 aw/sc 10/ 22

S.F. 474 place until they are delivered to the absentee and special 1 voters precinct board, notwithstanding sections 53.26 and 2 53.27 . 3 Sec. 18. Section 53.22, Code 2017, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 7. The proof of identity requirements 6 under section 49.78 shall not apply to a voter casting a ballot 7 pursuant to this section. 8 Sec. 19. Section 53.25, Code 2017, is amended to read as 9 follows: 10 53.25 Rejecting ballot. 11 1. a. If the absentee voter’s affidavit lacks the voter’s 12 signature, if the applicant is not a duly registered voter on 13 election day in the precinct where the absentee ballot was 14 cast, if the envelope marked with the affidavit contains more 15 than one ballot of any one kind, or if the voter has voted 16 in person, such vote shall be rejected by the absentee and 17 special voters precinct board. If the affidavit envelope or 18 return envelope marked with the affidavit is open, or has been 19 opened and resealed, or if the ballot is not enclosed in such 20 envelope, and an affidavit envelope or return envelope marked 21 with the affidavit with the same serial number and marked 22 “Replacement ballot” is not attached as provided in section 23 53.18 , the vote ballot shall be rejected by the absentee and 24 special voters precinct board. 25 b. If a voter casts a provisional ballot pursuant to section 26 49.78, subsection 7, and the voter has failed to establish the 27 voter’s identity at the commissioner’s office, the provisional 28 ballot shall be rejected by the absentee and special voters 29 precinct board. 30 2. If the absentee or provisional ballot is rejected prior 31 to the opening of the affidavit envelope or return envelope 32 marked with the affidavit, the voter casting the ballot shall 33 be notified by a precinct election official by the time the 34 canvass is completed of the reason for the rejection on a form 35 -11- LSB 1365SV (3) 87 aw/sc 11/ 22

S.F. 474 prescribed by the state commissioner of elections. 1 Sec. 20. SEVERABILITY. If any provision of this division of 2 this Act or the application of any provision of this division 3 of this Act to any person or circumstance is held invalid, the 4 invalidity shall not affect other provisions of the division 5 which can be given effect without the invalid provisions or 6 application of the invalid provisions, and to this end, the 7 provisions of the division are severable. 8 Sec. 21. EFFECTIVE DATE. This division of this Act takes 9 effect upon the appropriation of moneys by the general assembly 10 to the state commissioner of elections in an amount sufficient 11 for implementation of section 48A.10A as declared by the 12 general assembly. 13 Sec. 22. APPLICABILITY. This division of this Act applies 14 to elections held on or after the effective date of this 15 division of this Act. 16 DIVISION III 17 POLLING PLACES 18 Sec. 23. NEW SECTION . 47.11 Electronic poll book and 19 polling place technology program —— revolving loan fund. 20 1. An electronic poll book and polling place technology 21 program is created and an electronic poll book and polling 22 place technology revolving loan fund is created in the state 23 treasury under the control of the state commissioner. The 24 program and revolving loan fund shall be administered by the 25 state commissioner and the revolving loan fund shall include 26 moneys allocated from the state commissioner’s budget and any 27 other moneys obtained or accepted by the state commissioner for 28 deposit in the revolving loan fund. 29 2. a. The state commissioner may loan moneys in the 30 revolving loan fund to county commissioners for the purchase or 31 update of electronic poll book and polling place technology. 32 b. Moneys loaned under this subsection shall be used, in 33 accordance with section 49.28, to furnish electronic poll books 34 to election precincts for the purpose of modernizing polling 35 -12- LSB 1365SV (3) 87 aw/sc 12/ 22

S.F. 474 places throughout the state. 1 c. The state commissioner may spend an amount not to 2 exceed thirty percent of the moneys in the revolving loan 3 fund at the beginning of a fiscal year to administer polling 4 place technology to ensure compliance with state standards 5 of technological security and the protection of personally 6 identifiable information. 7 3. A loan made under this section shall bear no interest. 8 4. Notwithstanding section 12C.7, subsection 2, interest or 9 earnings on moneys in the revolving loan fund shall be credited 10 to the revolving loan fund. Notwithstanding section 8.33, 11 moneys in the revolving loan fund that remain unencumbered or 12 unobligated at the close of a fiscal year shall not revert to 13 any other fund but shall remain available in the revolving loan 14 fund for the purposes designated. 15 5. The state commissioner shall adopt rules pursuant to 16 chapter 17A to administer this section. 17 Sec. 24. Section 49.88, subsection 1, Code 2017, is amended 18 to read as follows: 19 1. No more than one person shall be allowed to occupy 20 any voting booth at any time. The use of cameras, cellular 21 telephones, pagers, or other electronic communications devices 22 in the voting booth photographic devices and the display of 23 voted ballots is prohibited if such use or display is for 24 purposes prohibited under chapter 39A, interferes with other 25 voters, or interferes with the orderly operation of the polling 26 place . 27 DIVISION IV 28 ELECTION CERTIFICATION AND AUDITS 29 Sec. 25. NEW SECTION . 49.128 Commissioner filings and 30 notifications. 31 1. No later than twenty days following a general election, 32 the commissioner shall place on file in the commissioner’s 33 office a certification that the county met the following 34 requirements at the general election: 35 -13- LSB 1365SV (3) 87 aw/sc 13/ 22

S.F. 474 a. The testing of voting equipment was performed, as 1 required under section 52.35. 2 b. The election personnel training course was conducted, as 3 required under section 49.124. 4 c. Polling places met accessibility standards, as required 5 under section 49.21. 6 d. The schedule of required publications was adhered to, as 7 required under section 49.53. 8 e. The commissioner has complied with administrative rules 9 adopted by the state commissioner under chapter 52, including 10 having a written voting system security plan. 11 2. a. If the county is required to conduct an audit under 12 section 50.51, the commissioner shall include a copy of the 13 results with the certification required under this section. 14 b. If a county is not required to conduct an audit under 15 section 50.51, the commissioner shall include a copy of the 16 certification required under this section along with the 17 election canvass summary report required under section 50.30A. 18 3. The commissioner shall file a copy of the certification 19 under this section with the state commissioner. 20 4. The commissioner shall promptly notify the state 21 commissioner of each suspected incidence of election misconduct 22 that the commissioner has referred to other agencies or law 23 enforcement for investigation. 24 5. The state commissioner shall prescribe a form for use by 25 the county commissioners. 26 Sec. 26. Section 50.12, Code 2017, is amended to read as 27 follows: 28 50.12 Return and preservation of ballots. 29 Immediately after making the proclamation, and before 30 separating, the board members of each precinct in which votes 31 have been received by paper ballot shall enclose in an envelope 32 or other container all ballots which have been counted by them, 33 except those endorsed “Rejected as double”, “Defective”, or 34 “Objected to”, and securely seal the envelope. The signatures 35 -14- LSB 1365SV (3) 87 aw/sc 14/ 22

S.F. 474 of all board members of the precinct shall be placed across 1 the seal or the opening of the container so that it cannot 2 be opened without breaking the seal. The precinct election 3 officials shall return all the ballots to the commissioner, who 4 shall carefully preserve them for six months. Ballots from 5 elections for federal offices shall be preserved for twenty-two 6 months. The sealed packages containing voted ballots shall 7 be opened only for an official recount authorized by section 8 50.48 , 50.49 , or 50.50 , for an election contest held pursuant 9 to chapters 57 through 62 , to conduct an audit pursuant to 10 section 50.51, or to destroy the ballots pursuant to section 11 50.19 . 12 Sec. 27. NEW SECTION . 50.51 Election audits. 13 1. After each general election, the state commissioner 14 shall, with the cooperation of the county commissioners, 15 conduct an audit of the official canvass of votes from the 16 preceding general election. 17 2. The state commissioner shall determine the number of 18 counties and precincts to be audited and shall select the 19 precincts to be audited by lot. The absentee ballot and 20 special voters precinct for each county, established pursuant 21 to section 53.20, shall be included with all other precincts of 22 the county for selection by lot. In every precinct selected, 23 the commissioner shall conduct a hand count of all ballots cast 24 in the preceding general election for president of the United 25 States or governor, as the case may be. The hand count shall 26 be observed by a representative selected by each of the two 27 political parties whose candidates received the highest number 28 of votes statewide in the preceding general election. 29 3. a. The commissioner may order an administrative recount 30 pursuant to section 50.50 if the commissioner determines the 31 results of an audit require an administrative recount. 32 b. If selected to conduct an audit, the commissioner shall 33 provide an audit report to the county board of supervisors and 34 shall transmit the audit report to the state commissioner no 35 -15- LSB 1365SV (3) 87 aw/sc 15/ 22

S.F. 474 later than twenty days following the election. 1 4. The results of an audit conducted pursuant to this 2 section shall not change the results, or invalidate the 3 certification, of an election. 4 5. In advance of any other election, the state commissioner 5 may order an audit of the election in the manner provided in 6 this section. 7 6. The state commissioner shall adopt rules, pursuant to 8 chapter 17A, to implement this section. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the conduct and administration of 13 elections, including voter registration, absentee voting, 14 voter identity and signature verification, polling place 15 prohibitions, county commissioner of elections certifications, 16 post-election audits, and creation of an electronic poll book 17 program and revolving loan fund. 18 Division I of the bill relates to the conduct and 19 administration of elections generally. The bill requires a 20 person, while acting on behalf of a political party, a nonparty 21 political organization, or a candidate or committee subject 22 to Iowa’s campaign finance laws, who accepts a completed 23 voter registration form from an applicant to submit the form 24 to the appropriate county commissioner of elections (county 25 auditor) within seven days of receiving the form. The bill 26 also provides that if the person accepts a completed voter 27 registration form within three days of a voter registration 28 deadline, the person must submit the form to the appropriate 29 commissioner within 24 hours of accepting the form, and not 30 later than the registration deadline for the next election. 31 By operation of current law, failure to timely submit such a 32 form would constitute a simple misdemeanor. The bill also 33 makes it a simple misdemeanor to violate any provision of Code 34 chapter 48A, related to voter registration, for which another 35 -16- LSB 1365SV (3) 87 aw/sc 16/ 22

S.F. 474 penalty is not provided. A simple misdemeanor is punishable by 1 confinement for no more than 30 days or a fine of at least $65 2 but not more than $625 or by both. 3 Division I requires county commissioners to cancel the voter 4 registration of a registered voter if the registered voter 5 is not a resident of Iowa or submits jury service-related 6 documentation that indicates that the voter is not a citizen of 7 the United States. 8 Division I of the bill also requires the state registrar of 9 vital statistics to produce and transmit certain lists to the 10 state registrar of voters (secretary of state) without charge. 11 Division I changes the time period to apply for an absentee 12 ballot from not more than 70 days before the election to not 13 more than 120 days before the election. The bill further 14 provides that an application received more than 120 days 15 before the election shall be returned to the applicant along 16 with notification of when the applications will be accepted. 17 Current law requires the commissioner to retain the application 18 and process it with other applications received within the 19 appropriate time period. 20 Division I requires that an application for an absentee 21 ballot by any applicant other than a person requesting an 22 absentee ballot pursuant to Code section 53.22 contain the 23 applicant’s voter verification number, defined in the bill 24 as the voter’s identification number assigned by the state 25 commissioner, driver’s license number, or nonoperator’s 26 identification card number. Under the bill, a person’s 27 voter identification number, driver’s license number, or 28 nonoperator’s identification number is considered to be a voter 29 verification number, which is required to be kept confidential. 30 The bill also changes the absentee ballot application deadline 31 from the Friday before the election to the same deadline as 32 voter registration for a given election under Code section 33 48A.9, which is either 11 or 10 days before the election. 34 The bill establishes additional duties for actual or implied 35 -17- LSB 1365SV (3) 87 aw/sc 17/ 22

S.F. 474 agents of political parties for applications received after the 1 deadline. 2 Division I prohibits a voter from voting or offering to vote 3 a ballot in the commissioner’s office that was not furnished to 4 the voter by the commissioner. The bill also prohibits a voter 5 from taking or removing any ballot from the commissioner’s 6 office. Current law expressly prohibits these actions at 7 precinct polling places. 8 Division II of the bill relates to identity and signature 9 verification for certain voter registrants and voters. The 10 bill changes the requirements for establishing identity and 11 residence for persons registering to vote in-person absentee or 12 on election day by adding veterans identification cards issued 13 by the United States to the list of acceptable photographic 14 identification for establishing identity. 15 Division II of the bill requires the state registrar of 16 voters to compare lists of voters who registered to vote during 17 the preceding week with the department of transportation’s 18 driver’s license and nonoperator’s identification card 19 files. Under the bill, the state registrar is required 20 to issue a free voter verification card, including a voter 21 identification number, to be used only for voting and voter 22 registration purposes, to registrants whose names do not appear 23 in the department’s files. Under the bill, providing voter 24 verification cards is contingent upon adequate appropriations. 25 Division II of the bill also requires election officials 26 to verify a voter’s identity before furnishing a ballot 27 to the voter. A voter at the polling place is required to 28 present the official with a voter verification card, an Iowa 29 driver’s license, an Iowa nonoperator’s identification card, a 30 United States passport, a United States military or veterans 31 identification card, or a voter acknowledgment card issued by 32 the county commissioner in order to verify the voter’s identity 33 before the voter can receive a ballot. Under the bill, a voter 34 may also present the forms of identification required for 35 -18- LSB 1365SV (3) 87 aw/sc 18/ 22

S.F. 474 election day and in-person absentee voter registration or have 1 their identity and residency attested to by another registered 2 voter in order to verify the voter’s identity. Under the bill, 3 a registered voter is allowed to attest to the identity and 4 residency of not more than two other voters on election day. 5 If the voter fails to establish the voter’s identity by the 6 methods provided in the bill, the voter may vote a provisional 7 ballot. A voter may also vote a ballot as otherwise provided 8 for under current law by signing an oath attesting to the 9 voter’s identity at any election conducted prior to January 1, 10 2019. 11 The bill also requires that county commissioners include 12 information on the verification of voter identities in the 13 notice of each election published under Code section 49.53. 14 Division II requires precinct election officials to examine 15 a voter’s identification to determine whether the person 16 offering to vote matches the identification card, including 17 the voter’s signature. The bill requires an election official 18 to challenge a person offering to vote if the person’s 19 identification does not appear to be the person offering to 20 vote. If the challenge is not withdrawn, the voter may vote a 21 provisional ballot. The proof of identity requirements under 22 the bill shall not apply to persons voting absentee ballots 23 pursuant to Code section 53.22. 24 Related to absentee voting, division II of the bill provides 25 that a county commissioner may dispute certain applications 26 for an absentee ballot if it appears to the commissioner that 27 the signature on the application has been signed by someone 28 other than the registered voter, in comparing the signature on 29 the application to the signature on record of the registered 30 voter named on the application. If the commissioner disputes 31 a registered voter’s application under this subsection, the 32 commissioner is required to notify the registered voter and 33 the registered voter is permitted to submit a new application 34 and signature or update the registered voter’s signature 35 -19- LSB 1365SV (3) 87 aw/sc 19/ 22