House
Study
Bill
545
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
administration
of
elections,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
39.5
Petitions
——
requirements.
1
In
addition
to
any
other
information
required
by
law,
a
2
petition
relating
to
any
elective
office,
election,
or
the
3
administration
of
elections
must
include
the
printed
name,
4
signature,
address,
and
phone
number
of
the
person
responsible
5
for
circulating
the
petition
page.
6
Sec.
2.
Section
43.36,
Code
2020,
is
amended
to
read
as
7
follows:
8
43.36
Australian
ballot.
9
The
Australian
ballot
system
as
now
used
in
this
state,
10
except
as
herein
modified,
shall
be
used
at
said
primary
11
election.
The
endorsement
of
the
precinct
election
officials
12
and
the
county
auditor’s
seal
shall
appear
upon
the
ballots
13
as
provided
for
general
elections.
The
county
auditor’s
14
seal
shall
contain
the
name
of
the
county,
the
word
“county”
15
which
may
be
abbreviated,
and
the
word
“Iowa”,
and
the
seal
16
may
contain
the
word
“auditor”
which
may
be
abbreviated,
but
17
shall
not
contain
the
name
of
the
county
auditor
or
any
elected
18
official.
19
Sec.
3.
Section
48A.30,
subsection
1,
paragraph
a,
Code
20
2020,
is
amended
to
read
as
follows:
21
a.
The
registered
voter
dies.
For
the
purposes
of
this
22
subsection
,
the
commissioner
may
accept
as
evidence
of
death
a
23
notice
from
the
state
registrar
of
vital
statistics
forwarded
24
by
the
state
registrar
of
voters,
a
notice
from
the
federal
25
social
security
administration,
a
written
statement
from
a
26
person
related
to
the
registered
voter
within
the
second
degree
27
of
consanguinity
or
first
degree
of
affinity,
an
obituary
28
in
a
newspaper
or
that
appears
on
the
internet
site
of
a
29
funeral
establishment
licensed
under
chapter
156
or
by
the
30
proper
authority
of
another
state,
a
written
statement
from
an
31
election
official
or
personal
representative
of
the
registered
32
voter’s
estate,
or
a
notice
from
the
county
recorder
of
the
33
county
where
the
registered
voter
died.
34
Sec.
4.
Section
49.31,
subsection
2,
paragraph
c,
Code
2020,
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is
amended
to
read
as
follows:
1
c.
On
the
general
election
ballot
the
names
of
candidates
2
for
the
nonpartisan
offices
listed
in
section
39.21
shall
3
be
arranged
by
drawing
lots
for
position.
The
commissioner
4
shall
hold
the
drawing
on
the
first
business
day
following
the
5
deadline
for
filing
of
nomination
certificates
or
petitions
6
with
the
commissioner
for
the
general
election
pursuant
to
7
section
44.4
sixty-eighth
day
before
the
general
election
.
If
8
a
candidate
withdraws,
dies,
or
is
removed
from
the
ballot
9
after
the
ballot
position
of
names
has
been
determined,
such
10
candidate’s
name
shall
be
removed
from
the
ballot,
and
the
11
order
of
the
remaining
names
shall
not
be
changed.
12
Sec.
5.
Section
49.51,
Code
2020,
is
amended
to
read
as
13
follows:
14
49.51
Commissioner
to
control
printing.
15
The
commissioner
shall
have
charge
of
the
printing
of
the
16
ballots
to
be
used
for
any
election
held
in
the
county.
The
17
ballot
shall
include
the
seal
of
the
county
auditor
under
18
whose
direction
the
ballot
is
printed.
The
county
auditor’s
19
seal
shall
contain
the
name
of
the
county,
the
word
“county”
20
which
may
be
abbreviated,
and
the
word
“Iowa”,
and
the
seal
21
may
contain
the
word
“auditor”
which
may
be
abbreviated,
but
22
shall
not
contain
the
name
of
the
county
auditor
or
any
elected
23
official.
24
Sec.
6.
Section
49.57,
subsection
6,
Code
2020,
is
amended
25
to
read
as
follows:
26
6.
A
portion
of
the
ballot
shall
include
the
words
“Official
27
ballot”,
the
unique
identification
number
or
name
assigned
by
28
the
commissioner
to
the
ballot
style,
the
date
of
the
election,
29
and
the
county
auditor’s
seal
of
the
county
of
the
commissioner
30
who
has
caused
the
ballot
to
be
printed
pursuant
to
section
31
49.51
.
The
county
auditor’s
seal
shall
contain
the
name
of
32
the
county,
the
word
“county”
which
may
be
abbreviated,
and
33
the
word
“Iowa”,
and
the
seal
may
contain
the
word
“auditor”
34
which
may
be
abbreviated,
but
shall
not
contain
the
name
of
the
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county
auditor
or
any
elected
official.
1
Sec.
7.
Section
49.75,
Code
2020,
is
amended
to
read
as
2
follows:
3
49.75
Oath.
4
Before
opening
the
polls,
each
of
the
board
members
shall
5
take
the
following
oath:
6
I,
A.
B.,
do
solemnly
swear
or
affirm
that
I
will
7
impartially,
and
to
the
best
of
my
knowledge
and
ability,
8
perform
the
duties
of
precinct
election
official
of
this
9
election,
and
will
studiously
endeavor
to
prevent
fraud,
10
deceit,
and
abuse
in
conducting
the
election.
11
I
understand
that
as
a
precinct
election
official,
I
have
12
access
to
certain
information
that
is
considered
confidential
13
and
is
protected
under
Code
chapters
22,
48A,
and
715C.
Due
to
14
this
protected
status,
I
agree
to
only
release
this
information
15
in
accordance
with
Iowa
law.
16
Additionally,
I
understand
that
the
prohibition
on
sharing
17
confidential
information
extends
before
and
after
the
hours
18
that
my
assigned
polling
place
is
open.
19
Sec.
8.
Section
49.78,
subsection
4,
Code
2020,
is
amended
20
to
read
as
follows:
21
4.
A
person
who
is
registered
to
vote
but
is
unable
22
to
present
a
form
of
identification
under
subsection
2
or
23
3
may
establish
identity
and
residency
in
the
precinct
by
24
written
oath
of
a
person
who
is
also
registered
to
vote
in
25
the
precinct.
Before
signing
an
oath
under
this
subsection,
26
the
attesting
registered
voter
shall
present
to
the
precinct
27
election
official
proof
of
the
voter’s
identity
as
provided
28
in
subsection
2
or
3.
The
attesting
registered
voter’s
oath
29
shall
attest
to
the
stated
identity
of
the
person
wishing
to
30
vote
and
that
the
person
is
a
current
resident
of
the
precinct.
31
The
oath
must
be
signed
by
the
attesting
registered
voter
in
32
the
presence
of
the
appropriate
precinct
election
official.
33
A
registered
voter
who
has
signed
two
oaths
on
election
day
34
attesting
to
a
person’s
identity
and
residency
as
provided
in
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this
subsection
is
prohibited
from
signing
any
further
oaths
as
1
provided
in
this
subsection
on
that
day.
2
Sec.
9.
Section
50.51,
subsection
5,
Code
2020,
is
amended
3
to
read
as
follows:
4
5.
In
advance
of
any
all
other
election
elections
,
the
state
5
commissioner
may
shall
order
an
audit
of
the
election
in
the
6
manner
provided
in
this
section
.
7
Sec.
10.
Section
53.2,
subsection
4,
paragraph
a,
8
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
9
follows:
10
Each
application
shall
contain
To
request
an
absentee
11
ballot,
a
registered
voter
shall
provide
the
following
12
information:
13
Sec.
11.
Section
53.2,
subsection
4,
paragraph
b,
Code
2020,
14
is
amended
to
read
as
follows:
15
b.
If
insufficient
information
has
been
provided,
including
16
the
absence
of
a
voter
verification
number,
either
on
the
17
prescribed
form
or
on
an
application
created
by
the
applicant,
18
the
commissioner
shall
,
by
the
best
means
available,
contact
19
the
voter
to
obtain
the
additional
necessary
information
20
directly
from
the
voter
.
A
voter
requesting
or
casting
a
21
ballot
pursuant
to
section
53.22
shall
not
be
required
to
22
provide
a
voter
verification
number.
23
Sec.
12.
Section
53.22,
subsection
3,
Code
2020,
is
amended
24
to
read
as
follows:
25
3.
Any
registered
voter
who
becomes
a
patient,
tenant,
or
26
resident
of
a
hospital,
assisted
living
program,
or
health
care
27
facility
in
the
county
where
the
voter
is
registered
to
vote
28
within
three
days
prior
to
the
date
of
any
election
after
the
29
deadline
to
make
a
written
application
for
an
absentee
ballot
30
pursuant
to
section
53.2
or
on
election
day
may
request
an
31
absentee
ballot
during
that
period
or
on
election
day.
As
an
32
alternative
to
the
application
procedure
prescribed
by
section
33
53.2
,
the
registered
voter
may
make
the
request
directly
to
34
the
officers
who
are
delivering
and
returning
absentee
ballots
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under
this
section
.
Alternatively,
the
request
may
be
made
by
1
telephone
to
the
office
of
the
commissioner
not
later
than
four
2
hours
before
the
close
of
the
polls.
If
the
requester
is
found
3
to
be
a
registered
voter
of
that
county,
these
officers
shall
4
deliver
the
appropriate
absentee
ballot
to
the
registered
voter
5
in
the
manner
prescribed
by
this
section
.
6
Sec.
13.
Section
53.22,
subsection
6,
paragraph
a,
Code
7
2020,
is
amended
to
read
as
follows:
8
a.
If
the
registered
voter
becomes
a
patient,
tenant,
or
9
resident
of
a
hospital,
assisted
living
program,
or
health
10
care
facility
outside
the
county
where
the
voter
is
registered
11
to
vote
within
three
days
before
the
date
of
any
election
12
after
the
deadline
to
make
a
written
application
for
an
13
absentee
ballot
pursuant
to
section
53.2
or
on
election
day,
14
the
voter
may
designate
a
person
to
deliver
and
return
the
15
absentee
ballot.
The
designee
may
be
any
person
the
voter
16
chooses
except
that
no
candidate
for
any
office
to
be
voted
17
upon
for
the
election
for
which
the
ballot
is
requested
may
18
deliver
a
ballot
under
this
subsection
.
The
request
for
an
19
absentee
ballot
may
be
made
by
telephone
to
the
office
of
the
20
commissioner
not
later
than
four
hours
before
the
close
of
the
21
polls.
If
the
requester
is
found
to
be
a
registered
voter
of
22
that
county,
the
ballot
shall
be
delivered
by
mail
or
by
the
23
person
designated
by
the
voter.
An
application
form
shall
be
24
included
with
the
absentee
ballot
and
shall
be
signed
by
the
25
voter
and
returned
with
the
ballot.
26
Sec.
14.
Section
53.49,
Code
2020,
is
amended
to
read
as
27
follows:
28
53.49
Applicable
to
armed
forces
and
other
citizens.
29
The
provisions
of
this
subchapter
as
to
absent
voting
shall
30
apply
only
to
absent
voters
in
the
armed
forces
of
the
United
31
States
as
defined
for
the
purpose
of
absentee
voting
in
section
32
53.37
.
The
provisions
of
sections
53.1
through
53.34
53.33
33
shall
apply
to
all
other
voters
not
members
of
the
armed
forces
34
of
the
United
States.
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Sec.
15.
Section
99F.7,
subsection
11,
paragraph
a,
Code
1
2020,
is
amended
to
read
as
follows:
2
a.
A
license
to
conduct
gambling
games
in
a
county
shall
3
be
issued
only
if
the
county
electorate
approves
the
conduct
4
of
the
gambling
games
as
provided
in
this
subsection
.
The
5
board
of
supervisors,
upon
receipt
of
a
valid
petition
meeting
6
the
requirements
of
section
331.306
,
and
subject
to
the
7
requirements
of
paragraph
“e”
,
shall
direct
the
commissioner
of
8
elections
to
submit
to
the
registered
voters
of
the
county
a
9
proposition
to
approve
or
disapprove
the
conduct
of
gambling
10
games
in
the
county.
The
proposition
shall
be
submitted
at
an
11
election
held
on
a
date
specified
in
section
39.2,
subsection
12
4
,
paragraph
“a”
.
To
be
submitted
at
a
general
election,
the
13
petition
must
be
received
by
the
board
of
supervisors
at
least
14
five
working
days
before
the
last
day
for
candidates
for
county
15
offices
to
file
nomination
papers
for
the
general
election
16
pursuant
to
section
44.4
.
If
a
majority
of
the
county
voters
17
voting
on
the
proposition
favor
the
conduct
of
gambling
games,
18
the
commission
may
issue
one
or
more
licenses
as
provided
in
19
this
chapter
.
If
a
majority
of
the
county
voters
voting
on
20
the
proposition
do
not
favor
the
conduct
of
gambling
games,
a
21
license
to
conduct
gambling
games
in
the
county
shall
not
be
22
issued.
23
Sec.
16.
Section
277.4,
subsection
4,
Code
2020,
is
amended
24
to
read
as
follows:
25
4.
Any
person
on
whose
behalf
nomination
petitions
have
26
been
filed
under
this
section
may
withdraw
as
a
candidate
by
27
filing
a
signed
statement
to
that
effect
with
the
secretary
at
28
any
time
prior
to
5:00
p.m.
on
the
thirty-fifth
day
before
the
29
election
consistent
with
section
44.9,
subsection
5
.
30
Sec.
17.
REPEAL.
Section
53.34,
Code
2020,
is
repealed.
31
Sec.
18.
REPEAL.
2017
Iowa
Acts,
chapter
155,
section
1,
32
is
repealed.
33
Sec.
19.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
34
immediate
importance,
takes
effect
upon
enactment.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
conduct
of
elections.
4
The
bill
requires
all
petitions
relating
to
any
elective
5
office,
election,
or
the
administration
of
elections
to
include
6
the
printed
name,
signature,
address,
and
phone
number
of
the
7
person
responsible
for
circulating
each
page
of
the
petition.
8
The
bill
requires
all
ballots
to
include
the
seal
of
the
9
county
auditor
of
the
county
of
the
county
commissioner
of
10
elections
responsible
for
printing
the
ballot.
The
seal
of
11
the
county
auditor
shall
contain
the
name
of
the
county,
the
12
word
“county”,
and
the
word
“Iowa”,
and
may
contain
the
word
13
“auditor”.
The
seal
shall
not
contain
the
name
of
the
auditor
14
or
any
elected
official.
15
The
bill
allows
a
county
commissioner
of
registration
to
16
cancel
a
voter’s
registration
if
the
commissioner
receives
17
notice
of
the
voter’s
death
from
the
federal
social
security
18
administration.
19
The
bill
sets
the
date
for
the
drawing
of
lots
for
the
20
arrangement
of
candidates
on
a
nonpartisan
ballot
to
the
21
sixty-eighth
day
prior
to
the
general
election.
22
The
bill
adds
provisions
regarding
the
safeguarding
of
23
confidential
information
to
the
oath
taken
by
precinct
election
24
officials.
25
The
bill
requires
a
voter
who
is
attesting
to
the
26
identity
of
a
registered
voter
who
is
unable
to
produce
voter
27
identification
to
first
provide
proof
of
the
attesting
voter’s
28
identity.
29
The
bill
requires
the
state
commissioner
of
elections
to
30
order
election
audits
prior
to
all
elections
other
than
general
31
elections.
32
The
bill
requires
a
county
commissioner
of
elections
who
33
receives
an
incomplete
application
for
an
absentee
ballot
to
34
contact
the
voter
and
obtain
the
missing
information
directly
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from
the
voter.
The
bill
removes
a
provision
allowing
a
county
1
commissioner
of
elections
to
obtain
such
information
by
the
2
best
means
available.
3
The
bill
allows
a
registered
voter
who
becomes
a
patient,
4
tenant,
or
resident
of
a
hospital,
assisted
living
program,
5
or
health
care
facility
in
the
county
where
the
voter
is
6
registered
to
vote
after
the
deadline
for
making
a
written
7
application
for
an
absentee
ballot
to
request
an
absentee
8
ballot
during
that
period,
including
election
day.
Current
law
9
allows
a
person
who
becomes
so
confined
within
three
days
prior
10
to
the
date
of
an
election
to
request
an
absentee
ballot.
11
The
bill
removes
a
special
deadline
for
the
receipt
of
12
petitions
for
ballot
propositions
to
approve
the
conduct
of
13
gambling
games
in
a
county.
The
bill
requires
such
petitions
14
to
be
submitted
as
required
for
other
petitions.
15
The
bill
changes
the
withdrawal
deadline
for
candidates
for
16
school
district
office
from
35
days
before
the
election
to
25
17
days
before
the
election.
18
The
bill
repeals
a
section
of
2017
Iowa
Acts,
chapter
155,
19
that
was
not
codified
and
is
inconsistent
with
current
law.
20
The
bill
removes
a
provision
making
the
willful
false
21
swearing
of
an
affidavit
a
fraudulent
practice.
Such
conduct
22
remains
election
misconduct
in
the
first
degree.
23
The
bill
takes
effect
upon
enactment.
24
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