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 TLSB 5426XD (8) 88 ss/jh
S.F. _____ H.F. _____ 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, 35 -1- LSB 5426XD (8) 88 ss/jh 1/ 8
S.F. _____ H.F. _____ 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 35 -2- LSB 5426XD (8) 88 ss/jh 2/ 8
S.F. _____ H.F. _____ 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 35 -3- LSB 5426XD (8) 88 ss/jh 3/ 8
S.F. _____ H.F. _____ 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 35 -4- LSB 5426XD (8) 88 ss/jh 4/ 8
S.F. _____ H.F. _____ 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. 35 -5- LSB 5426XD (8) 88 ss/jh 5/ 8
S.F. _____ H.F. _____ 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. 35 -6- LSB 5426XD (8) 88 ss/jh 6/ 8
S.F. _____ H.F. _____ 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 35 -7- LSB 5426XD (8) 88 ss/jh 7/ 8
S.F. _____ H.F. _____ 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 -8- LSB 5426XD (8) 88 ss/jh 8/ 8