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House File 356 - IntroducedA Bill ForAn Act 1relating to the conduct of elections, including
2provisions related to absentee ballots, recounts, and
3contested gubernatorial elections and impeachments,
4making penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.56, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. A third person mutually agreeable to the board members
4designated by the candidates One person who is a precinct
5election official selected by the chief judge of the judicial
6district in which the canvass occurs at or before the time the
7board is required to convene.
8 Sec. 2. Section 43.78, subsection 5, paragraph b, Code 2023,
9is amended to read as follows:
10b. In the office of the appropriate commissioner, at least
11sixty-four sixty-seven days before the date of the election.
12 Sec. 3. Section 43.92, Code 2023, is amended to read as
13follows:
1443.92 Date of caucus published.
151. The date, time, and place of each precinct caucus of a
16political party shall be published at least twice in at least
17one newspaper of general circulation in the precinct. The
18first publication shall be made not more than fifteen days nor
19less than seven days before the date of the caucus and the
20second shall be made not more than seven days before and not
21later than the date of the caucus. Such publication shall
22also state in substance that each voter affiliated with the
23specified political party may attend the precinct caucus.
24Publication in a news item or advertisement in such newspaper
25shall constitute publication for the purposes of this section.
26The cost of such publication, if any, shall be paid by the
27political party.
282. a. In lieu of the requirement to publish a notice in a
29newspaper of general circulation in the precinct, a political
30party may publish the notice in its entirety on the political
31party’s internet site, if the political party maintains an
32internet site. The notice shall include all information
33otherwise required to be contained in the publication and
34shall comply with all requirements relating to the date of
35publication.
-1- 1b. In posting and maintaining a notice on a political
2party’s internet site, the political party shall satisfy all
3of the following requirements:
4(1) The internet site shall be available and easily
5accessible at all times by the public.
6(2) The public shall not be charged for access to any notice
7posted on the internet site pursuant to this subsection.
8(3) The notice shall be maintained and accessible through
9the same internet site address for as long as required by law
10or as long as such information is customarily maintained by the
11political party, whichever is longer.
12c. Compliance with the requirements of this subsection
13shall constitute compliance with the newspaper publication
14requirements in subsection 1.
15 Sec. 4. Section 48A.14, Code 2023, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 6. A challenger shall post a bond at the
18time of filing a challenge in an amount to be determined by
19the commissioner that is sufficient to cover the costs of
20verifying the registration of the challenged registrant. If
21the commissioner determines that the challenged registrant’s
22registration is invalid, the bond shall be returned to the
23challenger. In all other cases, the bond shall be deposited in
24the election fund of the county of the commissioner with whom
25it was filed.
26 Sec. 5. Section 49.53, subsection 1, Code 2023, is amended
27to read as follows:
281. The commissioner shall not less than four nor more
29than twenty thirty days before the day of each election,
30except those for which different publication requirements are
31prescribed by law, publish notice of the election. The notice
32shall list the names of all candidates or nominees and the
33office each seeks, and all public questions, to be voted upon
34at the election. The notice shall also state the date of the
35election, the hours the polls will be open, that each voter is
-2-1required to provide identification at the polling place before
2the voter can receive and cast a ballot, the location of each
3polling place at which voting is to occur in the election, and
4 the names of the precincts voting at each polling place, the
5date the election will be audited pursuant to section 50.51,
6the location of the audit, and the hours during which the
7election will be audited. The notice shall include the full
8text of all public measures to be voted upon at the election.
9The notice may contain one or more facsimiles of the portion of
10the ballot containing the first arrangement of candidates as
11prescribed by section 49.31, subsection 2.
12 Sec. 6. NEW SECTION. 49.76A Electronic election register.
131. The commissioner may use an electronic election register
14in lieu of a paper register if the electronic election register
15is a product that has been certified for use in this state by
16the state commissioner.
172. The state commissioner shall adopt rules pursuant to
18chapter 17A for the implementation of this section.
19 Sec. 7. Section 50.11, subsection 1, Code 2023, is amended
20to read as follows:
211. When the canvass is completed one of the precinct
22election officials shall, upon request of a person at the
23precinct, publicly announce the total number of votes received
24by each of the persons voted for, the office for which the
25person is designated, as announced by the designated tally
26keepers, and the number of votes for, and the number of votes
27against, any proposition which shall have been submitted to a
28vote of the people. A precinct election official may, at the
29request of the commissioner who is conducting the election,
30communicate the election results by telephone and shall deliver
31the election results in person pursuant to section 50.14 to the
32commissioner who is conducting the election immediately upon
33completion of the canvass.
34 Sec. 8. Section 50.12, Code 2023, is amended to read as
35follows:
-3- 150.12 Return and preservation of ballots.
2Immediately after making the proclamation, and before
3separating, the board members of each precinct in which votes
4have been received by paper ballot shall enclose in an envelope
5or other container all ballots which have been counted by them,
6except those endorsed “Rejected as double”, “Defective”, or
7“Objected to”, and securely seal the envelope. The signatures
8of all board members of the precinct shall be placed across
9the seal or the opening of the container so that it cannot
10be opened without breaking the seal. The precinct election
11officials shall return all the ballots to the commissioner,
12who shall carefully preserve them for six months. Ballots
13from elections for federal offices shall be preserved for
14twenty-two months. The sealed packages containing voted
15ballots shall be opened only for an official recount authorized
16by section 50.48, or 50.49, or 50.50, for an election contest
17held pursuant to chapters 57 through 62, to conduct an audit
18pursuant to section 50.50 or 50.51, or to destroy the ballots
19pursuant to section 50.19.
20 Sec. 9. Section 50.15A, Code 2023, is amended to read as
21follows:
2250.15A Unofficial results of voting — general election only.
231. In order to provide the public with an early source
24of election results before the official canvass of votes,
25the state commissioner of elections, in cooperation with the
26commissioners of elections, shall conduct an unofficial canvass
27of election results following the closing of the polls on
28the day of a regular city election, regular school election,
29primary election, and general election. The unofficial
30canvass shall report election results for national offices,
31statewide offices, the office of state representative, the
32office of state senator, and other offices or public measures
33at the discretion of the state commissioner of elections.
34The unofficial canvass shall also report the total number of
35ballots cast at the general election.
-4- 12. a. After the polls close on election day, the
2commissioner of elections shall periodically provide election
3results to the state commissioner of elections as the precincts
4in the county report election results to the commissioner
5pursuant to section 50.11. If the commissioner determines
6that all precincts will not report election results before
7the office is closed, the commissioner shall report the most
8complete results available prior to leaving the office at the
9time the office is closed as provided in section 50.11. The
10commissioner shall specify the number of precincts included in
11the report to the state commissioner of elections and provide
12an explanation in writing as to why all precincts will not be
13reported.
14b. The state commissioner of elections shall tabulate
15unofficial election results as the results are received from
16the commissioners of elections and shall periodically make the
17reports of the results available to the public.
183. Before the day of the general election, the state
19commissioner of elections shall provide a form and instructions
20for reporting unofficial election results pursuant to this
21section.
22 Sec. 10. Section 50.24, subsections 1 and 4, Code 2023, are
23amended to read as follows:
241. The county board of supervisors shall meet to canvass
25the vote on the first Monday or Tuesday after the day of
26each election to which this chapter is applicable, unless
27the law authorizing the election specifies another date for
28the canvass. If that Monday or Tuesday is a public holiday,
29section 4.1, subsection 34, controls.
304. For a regular or special city election or a city runoff
31election, if the city is located in more than one county, the
32controlling commissioner for that city under section 47.2 shall
33conduct a second canvass on the second Monday or Tuesday after
34the day of the election. However, if a recount is requested
35pursuant to section 50.48, the controlling commissioner shall
-5-1conduct the second canvass within two business days after the
2conclusion of the recount proceedings. Each commissioner
3conducting a canvass for the city pursuant to subsection 1
4shall transmit abstracts for the offices and public measures of
5that city to the controlling commissioner for that city, along
6with individual tallies for each write-in candidate. At the
7second canvass, the county board of supervisors of the county
8of the controlling commissioner shall canvass the abstracts
9received pursuant to this subsection and shall prepare a
10combined city abstract stating the number of votes cast in the
11city for each office and on each question on the ballot for
12the city election. The combined city abstract shall further
13indicate the name of each person who received votes for each
14office on the ballot, the number of votes each person named
15received for that office, and the number of votes for and
16against each question submitted to the voters at the election.
17The votes of all write-in candidates who each received less
18than five percent of the total votes cast in the city for
19an office shall be reported collectively under the heading
20“scattering”.
21 Sec. 11. Section 50.24, subsection 5, paragraph a, Code
222023, is amended to read as follows:
23a. For a regular or special school election, if the school
24district is located in more than one county, the controlling
25commissioner for that school district under section 47.2 shall
26conduct a second canvass on the second Monday or Tuesday after
27the day of election. However, if a recount is requested
28pursuant to section 50.48, the controlling commissioner shall
29conduct the second canvass within two business days after the
30conclusion of the recount proceedings. Each commissioner
31conducting a canvass for the school district pursuant to
32subsection 1 shall transmit abstracts for the offices and
33public measures of that school district to the controlling
34commissioner for that school district, along with individual
35tallies for each write-in candidate. At the second canvass the
-6-1county board of supervisors of the controlling county shall
2canvass the abstracts received pursuant to this subsection and
3shall prepare a combined school district abstract stating the
4number of votes cast in the school district for each office and
5on each question on the ballot for the school election. The
6combined school district abstract shall further indicate the
7name of each person who received votes for each office on the
8ballot, the number of votes each person named received for that
9office, and the number of votes for and against each question
10submitted to the voters at the election. The votes of all
11write-in candidates who each received less than five percent of
12the total votes cast in the school district for an office shall
13be reported collectively under the heading “scattering”.
14 Sec. 12. Section 50.48, subsection 1, paragraphs a and b,
15Code 2023, are amended to read as follows:
16a. The county board of canvassers shall order a recount of
17the votes cast for a particular office or nomination in one
18or more specified all election precincts in that county if a
19written request for a recount is made not later than 5:00 p.m.
20on the third second day following the county board’s canvass
21of the election in question. For a city runoff election held
22pursuant to section 376.9, the written request must be made not
23later than 5:00 p.m.on the day following the county board’s
24canvass of the city runoff election. A written request for a
25recount shall indicate whether the recount shall be conducted
26only using automatic tabulating equipment or by a hand recount
27following the use of automatic tabulating equipment. If a
28candidate requests a hand recount in one county, the candidate
29shall also request a hand recount in each county at which the
30candidate requests a recount. The request shall be filed with
31the commissioner of that county and shall be signed by either
32of the following:
33(1) A candidate for that office or nomination whose name
34was printed on the a ballot of the precinct or precincts in the
35county where the recount is requested.
-7- 1(2) Any other person who receives votes for that particular
2office or nomination in the precinct or precincts county where
3the recount is requested and who is legally qualified to seek
4and to hold the office in question.
5b. Immediately upon receipt of a request for a recount,
6the commissioner shall send a copy of the request to the
7apparent winner by certified mail and the state commissioner
8by electronic mail. The commissioner shall also attempt to
9contact the apparent winner by telephone. If the apparent
10winner cannot be reached within four three days, the
11chairperson of the political party or organization which
12nominated the apparent winner shall be contacted and shall act
13on behalf of the apparent winner, if necessary. For candidates
14for state or federal offices, the chairperson of the state
15party shall be contacted. For candidates for county offices,
16the county chairperson of the party shall be contacted.
17 Sec. 13. Section 50.48, subsection 2, Code 2023, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. c. (1) Upon receipt of a written request
20for a hand recount involving a state office, including a seat
21in the general assembly, a seat in the United States Congress,
22or electors for president or vice president, forwarded by
23the commissioner, the state commissioner shall verify that
24each request for a recount for that office submitted by that
25candidate included a request for a hand recount. For each
26request that did not include a request for a hand recount, the
27state commissioner shall assess a civil penalty of one hundred
28dollars against the candidate. The civil penalty shall first
29be deducted from the bond filed by the candidate.
30(2) Upon verification that a candidate for a state office,
31including a seat in the general assembly, a seat in the United
32States Congress, or electors for president or vice president,
33submitted a written request for hand recount in at least one
34but not all counties, the state commissioner shall, within six
35days following the county canvass of the election, inform each
-8-1commissioner at which a hand recount was not requested that a
2hand recount shall be performed pursuant to this section.
3 Sec. 14. Section 50.48, subsections 3 and 4, Code 2023,
4are amended by striking the subsections and inserting in lieu
5thereof the following:
63. a. The recount shall be conducted by a board which shall
7consist of one of the following:
8(1) For a county with a population of fewer than fifteen
9thousand people according to the most recent federal decennial
10census:
11(a) A designee of the candidate requesting the recount,
12who shall be named in the written request when the request is
13filed.
14(b) A designee of the apparent winning candidate, who shall
15be named by the candidate at or before the time the board is
16required to convene.
17(c) A member who is a precinct election official selected by
18the chief judge of the judicial district in which the canvass
19occurs at or before the time the board is required to convene.
20(2) For a county with a population of at least fifteen
21thousand but fewer than fifty thousand people according to the
22most recent federal decennial census:
23(a) A designee of the candidate requesting the recount,
24who shall be named in the written request when the request is
25filed.
26(b) A designee of the apparent winning candidate, who shall
27be named by the candidate at or before the time the board is
28required to convene.
29(c) Three members who are precinct election officials
30selected by the chief judge of the judicial district in which
31the canvass occurs at or before the time the board is required
32to convene.
33(3) For a county with a population of fifty thousand people
34or greater:
35(a) Two designees of the candidate requesting the recount,
-9-1who shall be named in the written request when the request is
2filed.
3(b) Two designees of the apparent winning candidate, who
4shall be named by the candidate at or before the time the board
5is required to convene.
6(c) Three members who are precinct election officials
7selected by the chief judge of the judicial district in which
8the canvass occurs at or before the time the board is required
9to convene.
10b. Members appointed to the recount board by the chief judge
11shall be selected consistent with section 49.13, subsection 2,
12for partisan offices and section 49.12 for nonpartisan offices.
13c. The commissioner shall convene the persons designated
14under paragraph “a” not later than 9:00 a.m.on the sixth
15day following the county board’s canvass of the election in
16question.
174. When all members of the recount board have been selected,
18the board shall undertake and complete the required recount as
19expeditiously as reasonably possible in the following manner:
20a. The commissioner shall inform the board whether the
21candidate has requested a hand recount. The commissioner
22or the commissioner’s designee shall supervise the handling
23of ballots to ensure that the ballots are protected from
24alteration or damage.
25b. The board shall direct the commissioner to retabulate
26the ballots using the automatic tabulating equipment. The same
27program used for tabulating the votes on election day shall be
28used at the recount unless the program is believed or known to
29be flawed.
30c. The board shall recount only the ballots which were voted
31and counted for the office in question, including any disputed
32ballots returned as required in section 50.5.
33d. After retabulating the ballots as provided in paragraph
34“b”, the board shall compare the printed results of the
35tabulation equipment to the abstract prepared pursuant to the
-10-1county board’s canvass. The board shall note any discrepancies
2between the two results.
3e. If the candidate’s written request included a request
4for a hand recount, the board shall separate the ballots into
5piles: one for each candidate, one for write-in votes, and
6one for ballots considered an over or under count. The board
7shall review and tabulate the ballots in each pile as provided
8in section 49.98. The board shall compare the hand recount
9results to the printed results of the tabulation equipment and
10the abstract. If there are discrepancies between the three
11results, then the results of the hand recount shall control.
12f. The ballots shall be resealed by the recount board before
13adjournment and shall be preserved as required by section
1450.12.
15 Sec. 15. Section 50.48, subsection 5, Code 2023, is amended
16to read as follows:
175. a. At the conclusion of the recount, the recount board
18shall make and file with the commissioner a written report of
19its findings signed by a majority of the recount board. The
20commissioner or commissioner’s designee may assist in compiling
21the written report. The written report shall include a full
22tally and accounting of ballots reviewed by the recount board
23and shall be reported as required by sections 50.24 and 53.20.
24The written report must allow the commissioner to correct the
25canvass of voters in the manner required by law, if applicable.
26b. If the recount board’s report is that the abstracts
27prepared pursuant to the county board’s canvass were incorrect
28as to the number of votes cast for the candidates for the
29office or nomination in question, in that county or district,
30the commissioner shall at once so notify the county board. The
31county board shall reconvene within three days after being so
32notified, but no later than noon on the twenty-seventh day
33following the election in question for a recount of the offices
34of president and vice president, and shall correct its previous
35proceedings.
-11- 1c. The recount board shall complete the recount and file its
2report as follows:
3(1) For the offices of president and vice president, not
4later than the seventeenth day following the county board’s
5canvass of the election in question.
6(2) For a state office, including a seat in the general
7assembly, or a seat in the United States Congress, not later
8than the twenty-first day following the county board’s canvass
9of the election in question.
10(3) For any other office, not later than the thirteenth
11day following the county board’s canvass of the election in
12question.
13 Sec. 16. Section 50.49, subsection 1, Code 2023, is amended
14by striking the subsection and inserting in lieu thereof the
15following:
161. a. A recount for any public measure shall be ordered
17by the board of canvassers if a petition requesting a recount
18is filed with the county commissioner of a county at which
19the question appeared on the ballot not later than two days
20after the completion of the canvass of voters for the election.
21The petition for a recount shall indicate whether the recount
22shall be conducted only using automatic tabulating equipment
23or by a hand recount following the use of automatic tabulating
24equipment. If a petition requests a hand recount in one
25county, the petition shall also request a hand recount in each
26county in which the petition is filed. A petition must be
27filed by the person submitting the petition in each county
28in which the public measure appeared on the ballot. If the
29petition is not filed by the person submitting the petition in
30each county in which the public measure appeared on the ballot,
31a recount shall not be conducted.
32b. The petition must be signed by the greater of ten
33eligible electors or a number of eligible electors equaling
34one percent of the total number of votes cast upon the public
35measure in the county. Each person signing the petition must
-12-1be a person who was entitled to vote on the public measure in
2question or would have been so entitled if registered to vote.
3c. Immediately upon receipt of a petition for a recount,
4the commissioner shall send a copy of the petition to the
5state commissioner by electronic mail. The state commissioner
6shall confirm that a petition was filed in every county the
7public measure appeared on the ballot prior to the convening of
8the recount board. The state commissioner shall also verify
9whether each petition for a recount included a request for
10a hand recount. If the state commissioner verifies that a
11petition included a request for a hand recount in at least one
12but not all counties, the state commissioner shall, prior to
13convening of the recount board, inform each commissioner at
14which a hand recount was not requested that a hand recount
15shall be performed.
16 Sec. 17. Section 50.49, subsection 2, paragraph b, Code
172023, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19b. Two members who are precinct election officials selected
20by the chief judge of the judicial district in which the
21canvass occurs at or before the time the board is required to
22convene. The members shall be selected consistent with section
2349.12.
24 Sec. 18. Section 50.49, subsection 2, paragraph c, Code
252023, is amended by striking the paragraph.
26 Sec. 19. Section 50.49, subsection 3, Code 2023, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
293. The commissioner shall convene the recount board not
30later than 9:00 a.m.on the sixth day following the county
31board’s canvass of the election in question.
32 Sec. 20. Section 50.50, Code 2023, is amended to read as
33follows:
3450.50 Administrative recounts audits.
351. The commissioner who was responsible for conducting an
-13-1election may request an administrative recount audit when the
2commissioner is informed or suspects that voting equipment used
3in the election malfunctioned or that programming errors may
4have affected the outcome of the election, or if the precinct
5election officials report counting errors to the commissioner
6after the conclusion of the canvass of votes in the precinct.
7An administrative recount audit shall be conducted by the board
8of the special precinct established by section 53.23. Bond
9shall not be required for an administrative recount. The
10state commissioner may adopt rules for administrative recounts
11 audits.
122. If the recount board finds that there is an error
13in the programming of any voting equipment which may have
14affected the outcome of the election for any office or public
15measure on the ballot, the recount board shall describe the
16errors in its report to the commissioner. The commissioner
17shall notify the board of supervisors. The supervisors shall
18determine whether to order an administrative recount for any
19or all of the offices and public measures on the ballot. Each
20political party, as defined in section 43.2, may appoint up
21to five observers to witness an audit conducted pursuant to
22this section. The observers shall be appointed by the county
23chairperson or, if the county chairperson fails to make an
24appointment, by the state chairperson. However, if either or
25both political parties fail to appoint an observer, the board
26may continue with the proceedings.
27 Sec. 21. Section 50.51, subsection 3, paragraph a, Code
282023, is amended by striking the paragraph.
29 Sec. 22. NEW SECTION. 53.1B Definitions.
30For purposes of this subchapter, unless the context
31otherwise requires:
321. “Affidavit envelope” means an envelope that includes
33a serial number and bears on the back an affidavit for a
34registered voter to mark the registered voter’s signature and
35voter verification number in a form prescribed by the state
-14-1commissioner.
22. “Delivery envelope” means an envelope that bears on its
3face the name and address of the registered voter requesting an
4absentee ballot, the words “county commissioner of elections”,
5the address of the commissioner’s office, and the same serial
6number that appears on the affidavit envelope and return
7envelope.
83. “Return envelope” means an envelope that is addressed
9to the commissioner’s office, bears appropriate return postage
10or a postal permit guaranteeing that the commissioner will pay
11the return postage, and includes the same serial number as the
12affidavit envelope and delivery envelope.
134. “Secrecy envelope” means an envelope, folder, or sleeve
14that hides all voting ovals on a ballot when folded.
15 Sec. 23. Section 53.8, subsection 1, Code 2023, is amended
16to read as follows:
171. a. Upon receipt of an application for an absentee ballot
18and immediately after the absentee ballots are printed, but not
19more than twenty days before the election, the commissioner
20shall mail an absentee ballot to the applicant within
21twenty-four hours, except as otherwise provided in subsection
223. The absentee ballot shall be sent to the registered voter
23by one of the following methods: enclosed in an unsealed
24affidavit envelope. The absentee ballot and affidavit envelope
25shall be enclosed in or with an unsealed return envelope. The
26absentee ballot, affidavit envelope, and return envelope shall
27be enclosed in the delivery envelope. If the ballot cannot
28be folded so that all the voting ovals on the ballot will be
29hidden, the commissioner shall also enclose a secrecy envelope
30with the absentee ballot.
31(1) The absentee ballot shall be enclosed in an unsealed
32envelope marked with a serial number and affidavit. The
33absentee ballot and affidavit envelope shall be enclosed in
34or with an unsealed return envelope marked postage paid which
35bears the same serial number as the affidavit envelope. The
-15-1absentee ballot, affidavit envelope, and return envelope shall
2be enclosed in a third envelope to be sent to the registered
3voter. If the ballot cannot be folded so that all of the votes
4cast on the ballot will be hidden, the commissioner shall also
5enclose a secrecy envelope with the absentee ballot.
6(2) The absentee ballot shall be enclosed in an unsealed
7return envelope marked with a serial number and affidavit
8and marked postage paid. The absentee ballot and return
9envelope shall be enclosed in a second envelope to be sent
10to the registered voter. If the ballot cannot be folded so
11that all of the votes cast on the ballot will be hidden, the
12commissioner shall also enclose a secrecy envelope with the
13absentee ballot.
14b. The affidavit shall be marked on the appropriate envelope
15in a form prescribed by the state commissioner of elections
16 registered voter requesting and receiving an absentee ballot
17shall subscribe to the affidavit by signing and marking the
18registered voter’s voter verification number on the affidavit
19envelope.
20c. All domestic return envelope flaps or backs shall also
21be printed or stamped with a notice of the deadline to return a
22completed absentee ballot and the manner to track the status of
23the ballot in a form prescribed by the state commissioner.
24c. d. For envelopes mailed at any election other than the
25primary election, the commissioner shall not mark any envelope
26with any information related to the party affiliation of the
27applicant.
28 Sec. 24. Section 53.10, subsection 2, paragraph a, Code
292023, is amended to read as follows:
30a. Each person who wishes to vote by absentee ballot at
31the commissioner’s office shall first sign an application for
32a ballot including the following information:name, current
33address, voter verification number, and the election for which
34the ballot is requested. The person may report a change of
35address or other information on the person’s voter registration
-16-1record at that time. Prior to furnishing a ballot, the
2commissioner shall verify the person’s identity as provided
3in section 49.78. The registered voter shall immediately
4mark the ballot; enclose the ballot in a secrecy envelope,
5if necessary, and seal it the ballot in the envelope marked
6with the affidavit envelope; subscribe to the affidavit on
7the reverse side of the envelope by signing and marking the
8registered voter’s voter verification number; and return the
9sealed affidavit envelope containing the absentee ballot to
10the commissioner. The commissioner shall record the numbers
11appearing on the application and affidavit envelope along with
12the name of the registered voter.
13 Sec. 25. Section 53.12, Code 2023, is amended by striking
14the section and inserting in lieu thereof the following:
1553.12 Duty of commissioner.
16The commissioner shall affix to the application the same
17serial number that appears on the affidavit envelope, return
18envelope, and delivery envelope.
19 Sec. 26. Section 53.16, Code 2023, is amended by striking
20the section and inserting in lieu thereof the following:
2153.16 Subscribing to affidavit.
22After marking the ballot, the voter shall enclose the ballot
23in a secrecy envelope, if necessary, and seal the ballot in
24the affidavit envelope; subscribe to the affidavit by signing
25and marking the registered voter’s voter verification number;
26place the sealed affidavit envelope in the return envelope; and
27securely seal the return envelope.
28 Sec. 27. Section 53.17, subsection 1, unnumbered paragraph
291, Code 2023, is amended to read as follows:
30If the commissioner mailed the ballot pursuant to section
3153.8, subsection 1, paragraph “a”, subparagraph (1), the sealed
32envelope bearing the voter’s affidavit and containing the
33absentee ballot shall be enclosed in a return envelope which
34shall be securely sealed. If the commissioner mailed the
35ballot pursuant to section 53.8, subsection 1, paragraph “a”,
-17-1subparagraph (2), the absentee ballot shall be enclosed in the
2return envelope which shall be securely sealed. The sealed
3return envelope shall be returned to the commissioner by one of
4the following methods:
5 Sec. 28. Section 53.18, subsections 2 and 3, Code 2023, are
6amended to read as follows:
72. If the commissioner receives the return envelope
8containing the completed absentee ballot by 5:00 p.m.on the
9Saturday before the election for general elections and by 5:00
10p.m.on the Friday before the election for all other elections,
11the commissioner shall review the affidavit marked on the
12return envelope, if applicable, for completeness or shall open
13the return envelope to review the affidavit for completeness
14 open the return envelope, if applicable, and review the
15affidavit marked on the affidavit envelope for completeness.
16If the affidavit lacks the signature or voter verification
17number of the registered voter, the commissioner shall, within
18twenty-four hours of the receipt of the envelope, notify the
19voter of the deficiency and inform the voter that the voter may
20vote a replacement ballot as provided in subsection 3, cast a
21ballot as provided in section 53.19, subsection 3, or complete
22the affidavit in person at the office of the commissioner not
23later than the time polls close on election day.
243. If the affidavit envelope or the return envelope marked
25with the affidavit contains a defect that would cause the
26absentee ballot to be rejected by the absentee and special
27voters precinct board, the commissioner shall immediately
28notify the voter of that fact and that the voter’s absentee
29ballot shall not be counted unless the voter requests and
30returns a replacement ballot in the time permitted under
31section 53.17, subsection 2. For the purposes of this section,
32a return an affidavit envelope marked with the affidavit
33 shall be considered to contain a defect if it appears to
34the commissioner that the signature on the envelope has been
35signed by someone other than the registered voter, in comparing
-18-1the signature on the envelope to the signature on record of
2the registered voter named on the envelope. A signature or
3marking made in accordance with section 39.3, subsection
417, shall not be considered a defect for purposes of this
5section the voter verification number provided does not match
6the voter verification number associated with the voter’s
7voter registration. The voter may request a replacement
8ballot in person, in writing, or over the telephone. The
9same serial number that was assigned to the records of the
10original absentee ballot application shall be used on the
11envelope envelopes and records of the replacement ballot. The
12affidavit envelope marked with the affidavit and containing
13the completed replacement ballot shall be marked “Replacement
14ballot”. The affidavit envelope marked with the affidavit and
15 containing the original ballot shall be marked “Defective” and
16the “Defective”. The replacement ballot shall be attached to
17such the affidavit envelope containing the original ballot and
18shall be stored in a secure place until they are delivered to
19the absentee and special voters precinct board, notwithstanding
20sections 53.26 and 53.27.
21 Sec. 29. Section 53.20, subsection 2, paragraph b, Code
222023, is amended to read as follows:
23b. For the primary election, general election election,
24 and for any election in which the commissioner determines in
25advance of the election to report the results of the special
26precinct by the resident precincts of the voters who cast
27absentee and provisional ballots, the commissioner shall
28prepare a separate absentee ballot style for each precinct
29in the county and shall program the voting system to produce
30reports by the resident precincts of the voters.
31 Sec. 30. Section 53.21, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. The voter shall enclose one copy of the above statement
34in the return envelope along with the affidavit envelope, if
35the voter was mailed a separate affidavit envelope, and shall
-19-1retain a copy for the voter’s records.
2 Sec. 31. Section 53.23, subsection 3, paragraph b,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The commissioner may direct the board to meet on the day
5before the election for the purpose of reviewing the absentee
6voters’ affidavits appearing on the sealed envelopes. If in
7the commissioner’s judgment this procedure is necessary due
8to the number of absentee ballots received, the members of
9the board may open the sealed affidavit envelopes and remove
10the secrecy envelope containing the ballot, but under no
11circumstances shall a secrecy envelope or a return an affidavit
12 envelope marked with an affidavit be opened before the board
13convenes on election day, except as provided in paragraph
14“c”. If the affidavit envelopes are opened before election
15day pursuant to this paragraph “b”, the observers appointed
16by each political party, as defined in section 43.2, shall
17witness the proceedings. Each political party may appoint up
18to five observers under this paragraph “b”. The observers
19shall be appointed by the county chairperson or, if the
20county chairperson fails to make an appointment, by the state
21chairperson. However, if either or both political parties fail
22to appoint an observer, the commissioner may continue with the
23proceedings.
24 Sec. 32. Section 53.23, subsection 5, Code 2023, is amended
25to read as follows:
265. The special precinct election board shall preserve the
27secrecy of all absentee and provisional ballots. After the
28affidavits on the affidavit envelopes have been reviewed and
29the qualifications of the persons casting the ballots have been
30determined, those that have been accepted for counting shall
31be opened. The ballots shall be removed from the affidavit
32envelopes or return envelopes marked with the affidavit, as
33applicable, without being unfolded or examined, and then shall
34be thoroughly intermingled, after which they shall be unfolded
35and tabulated. If secrecy folders or envelopes are used with
-20-1provisional paper ballots, the ballots shall be removed from
2the secrecy folders envelopes after the ballots have been
3intermingled.
4 Sec. 33. Section 53.25, subsection 1, paragraph a, Code
52023, is amended to read as follows:
6a. If the absentee voter’s affidavit lacks the voter’s
7signature or voter verification number, if the applicant is
8not a duly registered voter on election day in the precinct
9where the absentee ballot was cast, if the affidavit envelope
10marked with the affidavit contains more than one ballot of any
11one kind, or if the voter has voted in person, such vote shall
12be rejected by the absentee and special voters precinct board.
13If the affidavit envelope or return envelope marked with the
14affidavit is open, or has been opened and resealed, or if the
15ballot is not enclosed in such the affidavit envelope, and an
16affidavit envelope or return envelope marked with the affidavit
17with the same serial number and marked “Replacement ballot” is
18not attached as provided in section 53.18, the ballot shall be
19rejected by the absentee and special voters precinct board.
20 Sec. 34. Section 53.25, subsection 2, Code 2023, is amended
21to read as follows:
222. If the absentee or provisional ballot is rejected prior
23to the opening of the affidavit envelope or return envelope
24marked with the affidavit, the voter casting the ballot shall
25be notified by a precinct election official by the time the
26canvass is completed of the reason for the rejection on a form
27prescribed by the state commissioner of elections.
28 Sec. 35. Section 53.30, subsection 2, Code 2023, is amended
29to read as follows:
302. At the conclusion of each meeting of the absentee and
31special voters precinct board, the board shall securely seal
32all ballots counted by them in the manner prescribed in section
3350.12. The ballot envelopes, including the affidavit envelope
34if an affidavit envelope was provided, the return envelope, and
35secrecy envelope bearing the signatures of precinct election
-21-1officials, as required by section 53.23, shall be preserved.
2All applications for absentee ballots, ballots rejected without
3being opened, absentee ballot logs, and any other documents
4pertaining to the absentee ballot process shall be preserved
5until such time as the documents may be destroyed pursuant to
6section 50.19.
7 Sec. 36. Section 53.32, Code 2023, is amended to read as
8follows:
953.32 Ballot of deceased voter.
10When it shall be made to appear by due proof to the precinct
11election officials that any elector, who has so marked and
12forwarded a ballot, has died before the envelope marked with
13the affidavit affidavit envelope is opened, then the ballot of
14such deceased voter shall be endorsed, “Rejected because voter
15is dead”, and be returned to the commissioner. The casting
16of the ballot of a deceased voter shall not invalidate the
17election.
18 Sec. 37. Section 58.4, subsections 1 and 2, Code 2023, are
19amended to read as follows:
201. The names of members of each house, except the presiding
21officer and the majority and minority leaders, written on
22similar paper tickets, shall be placed in a box, the names of
23the senators in their presence by their secretary, and the
24names of the representatives in their presence by their clerk.
252. The secretary of the senate in the presence of the
26senate, and the clerk of the house of representatives in
27the presence of the house, shall draw from their respective
28boxes the names of seven five members each. The majority and
29minority leaders of each house shall also serve on the contest
30court.
31 Sec. 38. Section 60.2, Code 2023, is amended to read as
32follows:
3360.2 Clerk.
34The secretary of state clerk of the supreme court shall be
35the clerk of the court, or, in the secretary of state’s clerk
-22-1of the supreme court’s absence or inability to act, the clerk
2of the supreme court secretary of state.
3 Sec. 39. Section 61.2, Code 2023, is amended to read as
4follows:
561.2 Clerk.
6The secretary of state clerk of the supreme court shall be
7the clerk of this court; but if the person holding that office
8is a party to the contest, the clerk of the supreme court, or,
9in case of that person’s absence or inability, the auditor of
10state shall be clerk, or, in the clerk of the supreme court’s
11absence or inability to act, the secretary of state. If the
12person holding the office of secretary of state is a party to
13the contest, the auditor of state shall be clerk.
14 Sec. 40. Section 68.9, subsection 1, Code 2023, is amended
15to read as follows:
161. When an impeachment is presented, the senate shall, after
17the hour of final adjournment of the legislature as soon as
18practicable, be forthwith organized as a court of impeachment
19for the trial thereof, at the capitol.
20 Sec. 41. Section 69.14, Code 2023, is amended to read as
21follows:
2269.14 Special election to fill vacancies.
231. A special election to fill a vacancy shall be held for a
24representative in Congress, when Congress is in session or will
25convene prior to the next general election, or for a senator or
26representative in the general assembly, when the body in which
27such vacancy exists is in session, or the general assembly will
28convene prior to the next general election, and the governor
29shall order, not later than five days from the date the vacancy
30exists, a special election, giving not less than forty days’
31notice of such election.
322. In the event the special election is to fill a vacancy
33in the general assembly while it is in session or within
34forty-five days of the convening of any session, the time limit
35provided in this section shall not apply and the governor shall
-23-1order such special election at the earliest practical time,
2giving at least eighteen days’ notice of the special election.
3Any special election called under this section must be held on
4a Tuesday and shall not be held on the same day as a school
5election within the district.
6 Sec. 42. Section 260C.15, subsection 5, Code 2023, is
7amended to read as follows:
85. The votes cast in the election shall be canvassed and
9abstracts of the votes cast shall be certified as required by
10section 277.20. In each county whose commissioner of elections
11is the controlling commissioner for a merged area under section
1247.2, the county board of supervisors shall convene on the
13second Monday or Tuesday after the day of the election to
14canvass the abstracts of votes cast from each county in the
15merged area, and declare the results of the voting. The
16commissioner shall at once issue certificates of election to
17each person declared elected, and shall certify to the merged
18area board in substantially the manner prescribed by section
1950.27 the result of the voting on any public question submitted
20to the voters of the merged area. Members elected to the board
21of directors of a merged area shall qualify by taking the oath
22of office prescribed in section 277.28.
23 Sec. 43. Section 277.4, subsection 4, Code 2023, is amended
24to read as follows:
254. Any person on whose behalf nomination petitions have been
26filed under this section may withdraw as a candidate by filing
27a signed statement to that effect with the secretary consistent
28with section 44.9, subsection 5.
29 Sec. 44. EFFECTIVE DATE. Except as otherwise provided, this
30Act, being deemed of immediate importance, takes effect upon
31enactment.
32 Sec. 45. EFFECTIVE DATE. The following take effect January
331, 2024:
34The sections of this Act amending or enacting sections of
35chapter 53.
-24-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the conduct of elections.
5The bill provides that a political party that this
6required by statute to publish a notice of a precinct caucus
7in a newspaper of general circulation may, in lieu of such
8requirement, publish the notice, action, or other information
9in its entirety on the political party’s internet site, if the
10political party maintains an internet site.
11The bill changes the deadline for a person nominated to fill
12a ballot vacancy to withdraw by filing a notice in the office
13of the appropriate county commissioner of elections from 64
14days before the date of the election to 67 days before the date
15of the election.
16The bill requires a person challenging the voter
17registration of another person to post a bond, in an amount
18to be determined by the commissioner, sufficient to cover the
19costs of verifying the validity of the challenged voter’s
20registration. If the challenged voter’s registration is
21determined to be invalid, the bond shall be returned to
22the challenger. Otherwise, the bill requires the bond
23to be deposited in the election fund of the county of the
24commissioner with whom the challenge was filed.
25The bill requires a notice for an election to include the
26date the election will be audited, the location of the audit,
27and the hours during which the election will be audited. The
28bill also changes the earliest date that notice of an election
29may be published from 20 to 30 days before the date of the
30election.
31The bill allows a county commissioner of elections to use
32an electronic election register in lieu of a paper register
33if the electronic election register is a product that has
34been certified for use in the state by the state commissioner
35of elections. The bill directs the state commissioner of
-25-1elections to adopt rules regarding electronic election
2registers.
3The bill requires a precinct election official to publicly
4announce the results of a canvass only upon the request of
5a person at the precinct. Current law requires a precinct
6election official to always publicly announce the results of
7a canvass.
8The bill requires the state commissioner of elections, in
9cooperation with county commissioners of elections, to conduct
10an unofficial canvass of election results following the closing
11of polls for regular city, regular school, primary, and general
12elections. Current law requires an unofficial canvass only
13for general elections. If a county commissioner of elections
14determines that all precincts will not report results before
15the office is closed, the bill requires the county commissioner
16to provide a written explanation as to why.
17The bill removes the first Monday after an election as a
18possible date for canvassing an election.
19The bill changes the deadline to request a recount from 5:00
20p.m.on the third day following the canvass of an election
21to 5:00 p.m.on the second day following the canvass of an
22election. The bill requires a recount request to include all
23precincts in a county instead of only specified counties. The
24bill also requires the request to include whether the candidate
25requests only a machine recount or a machine recount followed
26by a hand recount. If a candidate requests a hand recount
27in one county, the bill requires the candidate to request a
28hand recount in all counties in which the candidate requests
29a recount. The bill imposes a fine of $100 for each violation
30on a candidate who does not request a hand recount in all
31counties in which the candidate is required to do so. The
32state commissioner of elections shall then inform each other
33county to be recounted that a hand recount shall be conducted.
34The bill imposes similar requirements on recounts for public
35measures.
-26- 1The bill requires the county commissioner of elections to
2notify the state commissioner of elections by electronic mail
3when a recount is requested. If the apparent winning candidate
4in an election for which a recount has been requested cannot be
5contacted, the bill changes the deadline by which the county
6commissioner of elections must contact the chairperson of the
7political party or organization that nominated the apparent
8winner from four days after attempting to make contact to three
9days.
10The bill changes the composition of recount boards based
11on the population of the county. For a county of fewer than
1215,000 people, the board shall consist of a designee of the
13candidate requesting the recount, a designee of the apparent
14winning candidate, and a person who is a precinct election
15official selected by the chief judge of the judicial district
16in which the canvass occurs. For a county with a population
17between 15,000 and 49,999, the board shall consist of a
18designee of the candidate requesting the recount, a designee
19of the apparent winning candidate, and three persons who are
20precinct election officials selected by the chief judge of the
21judicial district in which the canvass occurs. For a county
22with a population of 50,000 or greater, the board shall consist
23of two designees of the candidate requesting the recount, two
24designees of the apparent winning candidate, and three persons
25who are precinct election officials selected by the chief judge
26of the judicial district in which the canvass occurs. Members
27appointed by the chief judge for the recount of a partisan
28election shall not be comprised of more than one-third of
29persons who are not members of either of the two political
30parties whose candidates for president received the most or
31next-most votes at the last general election for a partisan
32election and not more than a simple majority of members
33appointed by a chief judge shall be from the same political
34party or organization.
35The bill makes a similar change for recounts requested
-27-1in a primary election for an office for which no candidate
2has received the required 35 percent to be nominated. Under
3current law, the recount board consists of one person chosen
4by the candidate requesting the recount, one person chosen by
5the candidate receiving the highest number of votes excluding
6the requestor, and a third person mutually agreeable to the
7board members designated by the candidates. The bill provides
8that the third person is instead a precinct election official
9selected by the chief judge of the judicial district in which
10the canvass occurs.
11The bill requires a recount board to be convened no later
12than 9:00 a.m.on the sixth day following the canvass of
13the election. The commissioner shall then inform the board
14whether the candidate requested a hand recount. The board
15shall direct the commissioner to retabulate the ballots using
16the automatic tabulating equipment using the same program as
17was used to tabulate the votes on election day unless the
18program is believed or known to be flawed. The board shall
19recount only the ballots which were voted and counted for
20the office in question, including disputed ballots. After
21retabulating, the board shall compare the results to the
22abstract prepared pursuant to the county board’s canvass and
23note any discrepancies. If the candidate requested a hand
24recount, the bill requires the ballots to be separated into
25categories and tabulated. The board shall then compare the
26results of the tabulation to the results of the canvass and the
27automatic recount. If there are discrepancies, the results of
28the hand recount shall control. The bill then requires the
29board to reseal and preserve the ballots.
30At the conclusion of the recount, the bill requires the board
31to make and file with the county commissioner of elections a
32report of its findings, signed by a majority of the board.
33The bill requires a recount board to include in its written
34report following the conclusion of a recount a full tally
35and accounting of ballots reviewed by the board. The report
-28-1must allow the county commissioner of elections to correct the
2canvass of votes in the manner required by law, if applicable.
3The board shall file its report by 17 days after the canvass of
4an election for the offices of president and vice president,
5by 21 days after the canvass of an election for a state office
6or a seat in the United States Congress, and by 13 days after
7the canvass of any other election. The bill also requires
8the county board of elections to reconvene no later than 27
9days following a presidential election to correct any errors
10identified by the recount board.
11The bill requires a petition for a recount of an election
12for a public measure to be submitted not later than two days
13following the canvass of the votes for the measure rather
14than three days. The bill changes the makeup of the recount
15board for a public measure by removing a designee named by the
16commissioner and a person jointly selected by that person and
17a designee named in the petition requesting the recount and
18replacing them with two election officials selected by the
19chief judge of the judicial district where the canvass occurs.
20The commissioner shall convene the recount board not later than
219:00 a.m.on the sixth day following the county board’s canvass
22of the election in question.
23Under current law, a county commissioner of elections may
24conduct an administrative recount if the commissioner suspects
25that voting equipment used in the election malfunctioned or
26that programming errors may have affected the outcome of the
27election, or if the precinct election officials report counting
28errors to the commissioner. The bill allows the county
29commissioner of elections to conduct an administrative audit if
30such circumstances exist. The bill allows political parties,
31defined in Code, to appoint observers to witness the audit.
32The bill requires an absentee ballot that is mailed to a
33voter to be enclosed in an unsealed affidavit envelope and with
34or in an unsealed return envelope, which shall then be enclosed
35in the delivery envelope. If the ballot cannot be folded so
-29-1that all the voting ovals on the ballot will be hidden, the
2bill requires the commissioner to also send a secrecy envelope.
3The bill requires a registered voter to subscribe to an
4affidavit on an affidavit envelope by signing the envelope and
5writing the voter’s voter verification number. The bill also
6requires return envelopes to have printed on them the deadline
7to return the ballot and the manner to track the status of the
8ballot.
9The bill strikes a requirement that an affidavit envelope
10be considered to contain a defect if it appears to the county
11commissioner of elections that it was signed by a person other
12than the voter. The bill adds a requirement that an affidavit
13envelope be considered to contain a defect if the voter
14verification number on the envelope does not match the voter
15verification number on file for the voter.
16The bill requires the county commissioner of elections to
17prepare a separate absentee ballot style for each precinct in
18the county and program the voting system to produce reports by
19the resident precincts of the voters for each primary election.
20The bill repeals certain requirements regarding what
21materials a commissioner shall include with an absentee ballot
22and instead requires a commissioner to put the same serial
23number on the affidavit, return, and delivery envelopes.
24The bill requires all mailed absentee ballots to include an
25affidavit envelope. The bill also requires the absentee and
26special voters precinct board to reject an absentee ballot
27if the affidavit envelope does not include the voter’s voter
28verification number.
29The bill changes the makeup of the contest court for a
30contested gubernatorial election to include five members each
31from the house and the senate and the majority and minority
32leaders of each chamber.
33The bill requires the senate to organize as a court of
34impeachment as soon as practicable after an impeachment is
35presented.
-30- 1The bill changes the clerk of a court of contest for
2presidential electors and congresspersons from the secretary
3of state to the clerk of the supreme court. If the clerk of
4the supreme court is absent or unable to act, the secretary of
5state shall be the clerk of the court. For elections for state
6officers, the bill changes the clerk of a contest court to the
7clerk of the supreme court. If the clerk of the supreme court
8is absent or unable to act, the secretary of state shall be the
9clerk of the court. However, if the secretary of state is a
10party to the contest, the auditor of state shall be the clerk
11of the court.
12The bill updates an internal reference regarding withdrawals
13of candidates for school district elections.
14The bill takes effect upon enactment, except that sections
15amending Code chapter 53 (absent voters) take effect on January
161, 2024.
-31-ss/ns
2provisions related to absentee ballots, recounts, and
3contested gubernatorial elections and impeachments,
4making penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.56, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. A third person mutually agreeable to the board members
4designated by the candidates One person who is a precinct
5election official selected by the chief judge of the judicial
6district in which the canvass occurs at or before the time the
7board is required to convene.
8 Sec. 2. Section 43.78, subsection 5, paragraph b, Code 2023,
9is amended to read as follows:
10b. In the office of the appropriate commissioner, at least
11sixty-four sixty-seven days before the date of the election.
12 Sec. 3. Section 43.92, Code 2023, is amended to read as
13follows:
1443.92 Date of caucus published.
151. The date, time, and place of each precinct caucus of a
16political party shall be published at least twice in at least
17one newspaper of general circulation in the precinct. The
18first publication shall be made not more than fifteen days nor
19less than seven days before the date of the caucus and the
20second shall be made not more than seven days before and not
21later than the date of the caucus. Such publication shall
22also state in substance that each voter affiliated with the
23specified political party may attend the precinct caucus.
24Publication in a news item or advertisement in such newspaper
25shall constitute publication for the purposes of this section.
26The cost of such publication, if any, shall be paid by the
27political party.
282. a. In lieu of the requirement to publish a notice in a
29newspaper of general circulation in the precinct, a political
30party may publish the notice in its entirety on the political
31party’s internet site, if the political party maintains an
32internet site. The notice shall include all information
33otherwise required to be contained in the publication and
34shall comply with all requirements relating to the date of
35publication.
-1- 1b. In posting and maintaining a notice on a political
2party’s internet site, the political party shall satisfy all
3of the following requirements:
4(1) The internet site shall be available and easily
5accessible at all times by the public.
6(2) The public shall not be charged for access to any notice
7posted on the internet site pursuant to this subsection.
8(3) The notice shall be maintained and accessible through
9the same internet site address for as long as required by law
10or as long as such information is customarily maintained by the
11political party, whichever is longer.
12c. Compliance with the requirements of this subsection
13shall constitute compliance with the newspaper publication
14requirements in subsection 1.
15 Sec. 4. Section 48A.14, Code 2023, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 6. A challenger shall post a bond at the
18time of filing a challenge in an amount to be determined by
19the commissioner that is sufficient to cover the costs of
20verifying the registration of the challenged registrant. If
21the commissioner determines that the challenged registrant’s
22registration is invalid, the bond shall be returned to the
23challenger. In all other cases, the bond shall be deposited in
24the election fund of the county of the commissioner with whom
25it was filed.
26 Sec. 5. Section 49.53, subsection 1, Code 2023, is amended
27to read as follows:
281. The commissioner shall not less than four nor more
29than twenty thirty days before the day of each election,
30except those for which different publication requirements are
31prescribed by law, publish notice of the election. The notice
32shall list the names of all candidates or nominees and the
33office each seeks, and all public questions, to be voted upon
34at the election. The notice shall also state the date of the
35election, the hours the polls will be open, that each voter is
-2-1required to provide identification at the polling place before
2the voter can receive and cast a ballot, the location of each
3polling place at which voting is to occur in the election, and
4 the names of the precincts voting at each polling place, the
5date the election will be audited pursuant to section 50.51,
6the location of the audit, and the hours during which the
7election will be audited. The notice shall include the full
8text of all public measures to be voted upon at the election.
9The notice may contain one or more facsimiles of the portion of
10the ballot containing the first arrangement of candidates as
11prescribed by section 49.31, subsection 2.
12 Sec. 6. NEW SECTION. 49.76A Electronic election register.
131. The commissioner may use an electronic election register
14in lieu of a paper register if the electronic election register
15is a product that has been certified for use in this state by
16the state commissioner.
172. The state commissioner shall adopt rules pursuant to
18chapter 17A for the implementation of this section.
19 Sec. 7. Section 50.11, subsection 1, Code 2023, is amended
20to read as follows:
211. When the canvass is completed one of the precinct
22election officials shall, upon request of a person at the
23precinct, publicly announce the total number of votes received
24by each of the persons voted for, the office for which the
25person is designated, as announced by the designated tally
26keepers, and the number of votes for, and the number of votes
27against, any proposition which shall have been submitted to a
28vote of the people. A precinct election official may, at the
29request of the commissioner who is conducting the election,
30communicate the election results by telephone and shall deliver
31the election results in person pursuant to section 50.14 to the
32commissioner who is conducting the election immediately upon
33completion of the canvass.
34 Sec. 8. Section 50.12, Code 2023, is amended to read as
35follows:
-3- 150.12 Return and preservation of ballots.
2Immediately after making the proclamation, and before
3separating, the board members of each precinct in which votes
4have been received by paper ballot shall enclose in an envelope
5or other container all ballots which have been counted by them,
6except those endorsed “Rejected as double”, “Defective”, or
7“Objected to”, and securely seal the envelope. The signatures
8of all board members of the precinct shall be placed across
9the seal or the opening of the container so that it cannot
10be opened without breaking the seal. The precinct election
11officials shall return all the ballots to the commissioner,
12who shall carefully preserve them for six months. Ballots
13from elections for federal offices shall be preserved for
14twenty-two months. The sealed packages containing voted
15ballots shall be opened only for an official recount authorized
16by section 50.48, or 50.49, or 50.50, for an election contest
17held pursuant to chapters 57 through 62, to conduct an audit
18pursuant to section 50.50 or 50.51, or to destroy the ballots
19pursuant to section 50.19.
20 Sec. 9. Section 50.15A, Code 2023, is amended to read as
21follows:
2250.15A Unofficial results of voting — general election only.
231. In order to provide the public with an early source
24of election results before the official canvass of votes,
25the state commissioner of elections, in cooperation with the
26commissioners of elections, shall conduct an unofficial canvass
27of election results following the closing of the polls on
28the day of a regular city election, regular school election,
29primary election, and general election. The unofficial
30canvass shall report election results for national offices,
31statewide offices, the office of state representative, the
32office of state senator, and other offices or public measures
33at the discretion of the state commissioner of elections.
34The unofficial canvass shall also report the total number of
35ballots cast at the general election.
-4- 12. a. After the polls close on election day, the
2commissioner of elections shall periodically provide election
3results to the state commissioner of elections as the precincts
4in the county report election results to the commissioner
5pursuant to section 50.11. If the commissioner determines
6that all precincts will not report election results before
7the office is closed, the commissioner shall report the most
8complete results available prior to leaving the office at the
9time the office is closed as provided in section 50.11. The
10commissioner shall specify the number of precincts included in
11the report to the state commissioner of elections and provide
12an explanation in writing as to why all precincts will not be
13reported.
14b. The state commissioner of elections shall tabulate
15unofficial election results as the results are received from
16the commissioners of elections and shall periodically make the
17reports of the results available to the public.
183. Before the day of the general election, the state
19commissioner of elections shall provide a form and instructions
20for reporting unofficial election results pursuant to this
21section.
22 Sec. 10. Section 50.24, subsections 1 and 4, Code 2023, are
23amended to read as follows:
241. The county board of supervisors shall meet to canvass
25the vote on the first Monday or Tuesday after the day of
26each election to which this chapter is applicable, unless
27the law authorizing the election specifies another date for
28the canvass. If that Monday or Tuesday is a public holiday,
29section 4.1, subsection 34, controls.
304. For a regular or special city election or a city runoff
31election, if the city is located in more than one county, the
32controlling commissioner for that city under section 47.2 shall
33conduct a second canvass on the second Monday or Tuesday after
34the day of the election. However, if a recount is requested
35pursuant to section 50.48, the controlling commissioner shall
-5-1conduct the second canvass within two business days after the
2conclusion of the recount proceedings. Each commissioner
3conducting a canvass for the city pursuant to subsection 1
4shall transmit abstracts for the offices and public measures of
5that city to the controlling commissioner for that city, along
6with individual tallies for each write-in candidate. At the
7second canvass, the county board of supervisors of the county
8of the controlling commissioner shall canvass the abstracts
9received pursuant to this subsection and shall prepare a
10combined city abstract stating the number of votes cast in the
11city for each office and on each question on the ballot for
12the city election. The combined city abstract shall further
13indicate the name of each person who received votes for each
14office on the ballot, the number of votes each person named
15received for that office, and the number of votes for and
16against each question submitted to the voters at the election.
17The votes of all write-in candidates who each received less
18than five percent of the total votes cast in the city for
19an office shall be reported collectively under the heading
20“scattering”.
21 Sec. 11. Section 50.24, subsection 5, paragraph a, Code
222023, is amended to read as follows:
23a. For a regular or special school election, if the school
24district is located in more than one county, the controlling
25commissioner for that school district under section 47.2 shall
26conduct a second canvass on the second Monday or Tuesday after
27the day of election. However, if a recount is requested
28pursuant to section 50.48, the controlling commissioner shall
29conduct the second canvass within two business days after the
30conclusion of the recount proceedings. Each commissioner
31conducting a canvass for the school district pursuant to
32subsection 1 shall transmit abstracts for the offices and
33public measures of that school district to the controlling
34commissioner for that school district, along with individual
35tallies for each write-in candidate. At the second canvass the
-6-1county board of supervisors of the controlling county shall
2canvass the abstracts received pursuant to this subsection and
3shall prepare a combined school district abstract stating the
4number of votes cast in the school district for each office and
5on each question on the ballot for the school election. The
6combined school district abstract shall further indicate the
7name of each person who received votes for each office on the
8ballot, the number of votes each person named received for that
9office, and the number of votes for and against each question
10submitted to the voters at the election. The votes of all
11write-in candidates who each received less than five percent of
12the total votes cast in the school district for an office shall
13be reported collectively under the heading “scattering”.
14 Sec. 12. Section 50.48, subsection 1, paragraphs a and b,
15Code 2023, are amended to read as follows:
16a. The county board of canvassers shall order a recount of
17the votes cast for a particular office or nomination in one
18or more specified all election precincts in that county if a
19written request for a recount is made not later than 5:00 p.m.
20on the third second day following the county board’s canvass
21of the election in question. For a city runoff election held
22pursuant to section 376.9, the written request must be made not
23later than 5:00 p.m.on the day following the county board’s
24canvass of the city runoff election. A written request for a
25recount shall indicate whether the recount shall be conducted
26only using automatic tabulating equipment or by a hand recount
27following the use of automatic tabulating equipment. If a
28candidate requests a hand recount in one county, the candidate
29shall also request a hand recount in each county at which the
30candidate requests a recount. The request shall be filed with
31the commissioner of that county and shall be signed by either
32of the following:
33(1) A candidate for that office or nomination whose name
34was printed on the a ballot of the precinct or precincts in the
35county where the recount is requested.
-7- 1(2) Any other person who receives votes for that particular
2office or nomination in the precinct or precincts county where
3the recount is requested and who is legally qualified to seek
4and to hold the office in question.
5b. Immediately upon receipt of a request for a recount,
6the commissioner shall send a copy of the request to the
7apparent winner by certified mail and the state commissioner
8by electronic mail. The commissioner shall also attempt to
9contact the apparent winner by telephone. If the apparent
10winner cannot be reached within four three days, the
11chairperson of the political party or organization which
12nominated the apparent winner shall be contacted and shall act
13on behalf of the apparent winner, if necessary. For candidates
14for state or federal offices, the chairperson of the state
15party shall be contacted. For candidates for county offices,
16the county chairperson of the party shall be contacted.
17 Sec. 13. Section 50.48, subsection 2, Code 2023, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. c. (1) Upon receipt of a written request
20for a hand recount involving a state office, including a seat
21in the general assembly, a seat in the United States Congress,
22or electors for president or vice president, forwarded by
23the commissioner, the state commissioner shall verify that
24each request for a recount for that office submitted by that
25candidate included a request for a hand recount. For each
26request that did not include a request for a hand recount, the
27state commissioner shall assess a civil penalty of one hundred
28dollars against the candidate. The civil penalty shall first
29be deducted from the bond filed by the candidate.
30(2) Upon verification that a candidate for a state office,
31including a seat in the general assembly, a seat in the United
32States Congress, or electors for president or vice president,
33submitted a written request for hand recount in at least one
34but not all counties, the state commissioner shall, within six
35days following the county canvass of the election, inform each
-8-1commissioner at which a hand recount was not requested that a
2hand recount shall be performed pursuant to this section.
3 Sec. 14. Section 50.48, subsections 3 and 4, Code 2023,
4are amended by striking the subsections and inserting in lieu
5thereof the following:
63. a. The recount shall be conducted by a board which shall
7consist of one of the following:
8(1) For a county with a population of fewer than fifteen
9thousand people according to the most recent federal decennial
10census:
11(a) A designee of the candidate requesting the recount,
12who shall be named in the written request when the request is
13filed.
14(b) A designee of the apparent winning candidate, who shall
15be named by the candidate at or before the time the board is
16required to convene.
17(c) A member who is a precinct election official selected by
18the chief judge of the judicial district in which the canvass
19occurs at or before the time the board is required to convene.
20(2) For a county with a population of at least fifteen
21thousand but fewer than fifty thousand people according to the
22most recent federal decennial census:
23(a) A designee of the candidate requesting the recount,
24who shall be named in the written request when the request is
25filed.
26(b) A designee of the apparent winning candidate, who shall
27be named by the candidate at or before the time the board is
28required to convene.
29(c) Three members who are precinct election officials
30selected by the chief judge of the judicial district in which
31the canvass occurs at or before the time the board is required
32to convene.
33(3) For a county with a population of fifty thousand people
34or greater:
35(a) Two designees of the candidate requesting the recount,
-9-1who shall be named in the written request when the request is
2filed.
3(b) Two designees of the apparent winning candidate, who
4shall be named by the candidate at or before the time the board
5is required to convene.
6(c) Three members who are precinct election officials
7selected by the chief judge of the judicial district in which
8the canvass occurs at or before the time the board is required
9to convene.
10b. Members appointed to the recount board by the chief judge
11shall be selected consistent with section 49.13, subsection 2,
12for partisan offices and section 49.12 for nonpartisan offices.
13c. The commissioner shall convene the persons designated
14under paragraph “a” not later than 9:00 a.m.on the sixth
15day following the county board’s canvass of the election in
16question.
174. When all members of the recount board have been selected,
18the board shall undertake and complete the required recount as
19expeditiously as reasonably possible in the following manner:
20a. The commissioner shall inform the board whether the
21candidate has requested a hand recount. The commissioner
22or the commissioner’s designee shall supervise the handling
23of ballots to ensure that the ballots are protected from
24alteration or damage.
25b. The board shall direct the commissioner to retabulate
26the ballots using the automatic tabulating equipment. The same
27program used for tabulating the votes on election day shall be
28used at the recount unless the program is believed or known to
29be flawed.
30c. The board shall recount only the ballots which were voted
31and counted for the office in question, including any disputed
32ballots returned as required in section 50.5.
33d. After retabulating the ballots as provided in paragraph
34“b”, the board shall compare the printed results of the
35tabulation equipment to the abstract prepared pursuant to the
-10-1county board’s canvass. The board shall note any discrepancies
2between the two results.
3e. If the candidate’s written request included a request
4for a hand recount, the board shall separate the ballots into
5piles: one for each candidate, one for write-in votes, and
6one for ballots considered an over or under count. The board
7shall review and tabulate the ballots in each pile as provided
8in section 49.98. The board shall compare the hand recount
9results to the printed results of the tabulation equipment and
10the abstract. If there are discrepancies between the three
11results, then the results of the hand recount shall control.
12f. The ballots shall be resealed by the recount board before
13adjournment and shall be preserved as required by section
1450.12.
15 Sec. 15. Section 50.48, subsection 5, Code 2023, is amended
16to read as follows:
175. a. At the conclusion of the recount, the recount board
18shall make and file with the commissioner a written report of
19its findings signed by a majority of the recount board. The
20commissioner or commissioner’s designee may assist in compiling
21the written report. The written report shall include a full
22tally and accounting of ballots reviewed by the recount board
23and shall be reported as required by sections 50.24 and 53.20.
24The written report must allow the commissioner to correct the
25canvass of voters in the manner required by law, if applicable.
26b. If the recount board’s report is that the abstracts
27prepared pursuant to the county board’s canvass were incorrect
28as to the number of votes cast for the candidates for the
29office or nomination in question, in that county or district,
30the commissioner shall at once so notify the county board. The
31county board shall reconvene within three days after being so
32notified, but no later than noon on the twenty-seventh day
33following the election in question for a recount of the offices
34of president and vice president, and shall correct its previous
35proceedings.
-11- 1c. The recount board shall complete the recount and file its
2report as follows:
3(1) For the offices of president and vice president, not
4later than the seventeenth day following the county board’s
5canvass of the election in question.
6(2) For a state office, including a seat in the general
7assembly, or a seat in the United States Congress, not later
8than the twenty-first day following the county board’s canvass
9of the election in question.
10(3) For any other office, not later than the thirteenth
11day following the county board’s canvass of the election in
12question.
13 Sec. 16. Section 50.49, subsection 1, Code 2023, is amended
14by striking the subsection and inserting in lieu thereof the
15following:
161. a. A recount for any public measure shall be ordered
17by the board of canvassers if a petition requesting a recount
18is filed with the county commissioner of a county at which
19the question appeared on the ballot not later than two days
20after the completion of the canvass of voters for the election.
21The petition for a recount shall indicate whether the recount
22shall be conducted only using automatic tabulating equipment
23or by a hand recount following the use of automatic tabulating
24equipment. If a petition requests a hand recount in one
25county, the petition shall also request a hand recount in each
26county in which the petition is filed. A petition must be
27filed by the person submitting the petition in each county
28in which the public measure appeared on the ballot. If the
29petition is not filed by the person submitting the petition in
30each county in which the public measure appeared on the ballot,
31a recount shall not be conducted.
32b. The petition must be signed by the greater of ten
33eligible electors or a number of eligible electors equaling
34one percent of the total number of votes cast upon the public
35measure in the county. Each person signing the petition must
-12-1be a person who was entitled to vote on the public measure in
2question or would have been so entitled if registered to vote.
3c. Immediately upon receipt of a petition for a recount,
4the commissioner shall send a copy of the petition to the
5state commissioner by electronic mail. The state commissioner
6shall confirm that a petition was filed in every county the
7public measure appeared on the ballot prior to the convening of
8the recount board. The state commissioner shall also verify
9whether each petition for a recount included a request for
10a hand recount. If the state commissioner verifies that a
11petition included a request for a hand recount in at least one
12but not all counties, the state commissioner shall, prior to
13convening of the recount board, inform each commissioner at
14which a hand recount was not requested that a hand recount
15shall be performed.
16 Sec. 17. Section 50.49, subsection 2, paragraph b, Code
172023, is amended by striking the paragraph and inserting in
18lieu thereof the following:
19b. Two members who are precinct election officials selected
20by the chief judge of the judicial district in which the
21canvass occurs at or before the time the board is required to
22convene. The members shall be selected consistent with section
2349.12.
24 Sec. 18. Section 50.49, subsection 2, paragraph c, Code
252023, is amended by striking the paragraph.
26 Sec. 19. Section 50.49, subsection 3, Code 2023, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
293. The commissioner shall convene the recount board not
30later than 9:00 a.m.on the sixth day following the county
31board’s canvass of the election in question.
32 Sec. 20. Section 50.50, Code 2023, is amended to read as
33follows:
3450.50 Administrative recounts audits.
351. The commissioner who was responsible for conducting an
-13-1election may request an administrative recount audit when the
2commissioner is informed or suspects that voting equipment used
3in the election malfunctioned or that programming errors may
4have affected the outcome of the election, or if the precinct
5election officials report counting errors to the commissioner
6after the conclusion of the canvass of votes in the precinct.
7An administrative recount audit shall be conducted by the board
8of the special precinct established by section 53.23. Bond
9shall not be required for an administrative recount. The
10state commissioner may adopt rules for administrative recounts
11 audits.
122. If the recount board finds that there is an error
13in the programming of any voting equipment which may have
14affected the outcome of the election for any office or public
15measure on the ballot, the recount board shall describe the
16errors in its report to the commissioner. The commissioner
17shall notify the board of supervisors. The supervisors shall
18determine whether to order an administrative recount for any
19or all of the offices and public measures on the ballot. Each
20political party, as defined in section 43.2, may appoint up
21to five observers to witness an audit conducted pursuant to
22this section. The observers shall be appointed by the county
23chairperson or, if the county chairperson fails to make an
24appointment, by the state chairperson. However, if either or
25both political parties fail to appoint an observer, the board
26may continue with the proceedings.
27 Sec. 21. Section 50.51, subsection 3, paragraph a, Code
282023, is amended by striking the paragraph.
29 Sec. 22. NEW SECTION. 53.1B Definitions.
30For purposes of this subchapter, unless the context
31otherwise requires:
321. “Affidavit envelope” means an envelope that includes
33a serial number and bears on the back an affidavit for a
34registered voter to mark the registered voter’s signature and
35voter verification number in a form prescribed by the state
-14-1commissioner.
22. “Delivery envelope” means an envelope that bears on its
3face the name and address of the registered voter requesting an
4absentee ballot, the words “county commissioner of elections”,
5the address of the commissioner’s office, and the same serial
6number that appears on the affidavit envelope and return
7envelope.
83. “Return envelope” means an envelope that is addressed
9to the commissioner’s office, bears appropriate return postage
10or a postal permit guaranteeing that the commissioner will pay
11the return postage, and includes the same serial number as the
12affidavit envelope and delivery envelope.
134. “Secrecy envelope” means an envelope, folder, or sleeve
14that hides all voting ovals on a ballot when folded.
15 Sec. 23. Section 53.8, subsection 1, Code 2023, is amended
16to read as follows:
171. a. Upon receipt of an application for an absentee ballot
18and immediately after the absentee ballots are printed, but not
19more than twenty days before the election, the commissioner
20shall mail an absentee ballot to the applicant within
21twenty-four hours, except as otherwise provided in subsection
223. The absentee ballot shall be sent to the registered voter
23by one of the following methods: enclosed in an unsealed
24affidavit envelope. The absentee ballot and affidavit envelope
25shall be enclosed in or with an unsealed return envelope. The
26absentee ballot, affidavit envelope, and return envelope shall
27be enclosed in the delivery envelope. If the ballot cannot
28be folded so that all the voting ovals on the ballot will be
29hidden, the commissioner shall also enclose a secrecy envelope
30with the absentee ballot.
31(1) The absentee ballot shall be enclosed in an unsealed
32envelope marked with a serial number and affidavit. The
33absentee ballot and affidavit envelope shall be enclosed in
34or with an unsealed return envelope marked postage paid which
35bears the same serial number as the affidavit envelope. The
-15-1absentee ballot, affidavit envelope, and return envelope shall
2be enclosed in a third envelope to be sent to the registered
3voter. If the ballot cannot be folded so that all of the votes
4cast on the ballot will be hidden, the commissioner shall also
5enclose a secrecy envelope with the absentee ballot.
6(2) The absentee ballot shall be enclosed in an unsealed
7return envelope marked with a serial number and affidavit
8and marked postage paid. The absentee ballot and return
9envelope shall be enclosed in a second envelope to be sent
10to the registered voter. If the ballot cannot be folded so
11that all of the votes cast on the ballot will be hidden, the
12commissioner shall also enclose a secrecy envelope with the
13absentee ballot.
14b. The affidavit shall be marked on the appropriate envelope
15in a form prescribed by the state commissioner of elections
16 registered voter requesting and receiving an absentee ballot
17shall subscribe to the affidavit by signing and marking the
18registered voter’s voter verification number on the affidavit
19envelope.
20c. All domestic return envelope flaps or backs shall also
21be printed or stamped with a notice of the deadline to return a
22completed absentee ballot and the manner to track the status of
23the ballot in a form prescribed by the state commissioner.
24c. d. For envelopes mailed at any election other than the
25primary election, the commissioner shall not mark any envelope
26with any information related to the party affiliation of the
27applicant.
28 Sec. 24. Section 53.10, subsection 2, paragraph a, Code
292023, is amended to read as follows:
30a. Each person who wishes to vote by absentee ballot at
31the commissioner’s office shall first sign an application for
32a ballot including the following information:name, current
33address, voter verification number, and the election for which
34the ballot is requested. The person may report a change of
35address or other information on the person’s voter registration
-16-1record at that time. Prior to furnishing a ballot, the
2commissioner shall verify the person’s identity as provided
3in section 49.78. The registered voter shall immediately
4mark the ballot; enclose the ballot in a secrecy envelope,
5if necessary, and seal it the ballot in the envelope marked
6with the affidavit envelope; subscribe to the affidavit on
7the reverse side of the envelope by signing and marking the
8registered voter’s voter verification number; and return the
9sealed affidavit envelope containing the absentee ballot to
10the commissioner. The commissioner shall record the numbers
11appearing on the application and affidavit envelope along with
12the name of the registered voter.
13 Sec. 25. Section 53.12, Code 2023, is amended by striking
14the section and inserting in lieu thereof the following:
1553.12 Duty of commissioner.
16The commissioner shall affix to the application the same
17serial number that appears on the affidavit envelope, return
18envelope, and delivery envelope.
19 Sec. 26. Section 53.16, Code 2023, is amended by striking
20the section and inserting in lieu thereof the following:
2153.16 Subscribing to affidavit.
22After marking the ballot, the voter shall enclose the ballot
23in a secrecy envelope, if necessary, and seal the ballot in
24the affidavit envelope; subscribe to the affidavit by signing
25and marking the registered voter’s voter verification number;
26place the sealed affidavit envelope in the return envelope; and
27securely seal the return envelope.
28 Sec. 27. Section 53.17, subsection 1, unnumbered paragraph
291, Code 2023, is amended to read as follows:
30If the commissioner mailed the ballot pursuant to section
3153.8, subsection 1, paragraph “a”, subparagraph (1), the sealed
32envelope bearing the voter’s affidavit and containing the
33absentee ballot shall be enclosed in a return envelope which
34shall be securely sealed. If the commissioner mailed the
35ballot pursuant to section 53.8, subsection 1, paragraph “a”,
-17-1subparagraph (2), the absentee ballot shall be enclosed in the
2return envelope which shall be securely sealed. The sealed
3return envelope shall be returned to the commissioner by one of
4the following methods:
5 Sec. 28. Section 53.18, subsections 2 and 3, Code 2023, are
6amended to read as follows:
72. If the commissioner receives the return envelope
8containing the completed absentee ballot by 5:00 p.m.on the
9Saturday before the election for general elections and by 5:00
10p.m.on the Friday before the election for all other elections,
11the commissioner shall review the affidavit marked on the
12return envelope, if applicable, for completeness or shall open
13the return envelope to review the affidavit for completeness
14 open the return envelope, if applicable, and review the
15affidavit marked on the affidavit envelope for completeness.
16If the affidavit lacks the signature or voter verification
17number of the registered voter, the commissioner shall, within
18twenty-four hours of the receipt of the envelope, notify the
19voter of the deficiency and inform the voter that the voter may
20vote a replacement ballot as provided in subsection 3, cast a
21ballot as provided in section 53.19, subsection 3, or complete
22the affidavit in person at the office of the commissioner not
23later than the time polls close on election day.
243. If the affidavit envelope or the return envelope marked
25with the affidavit contains a defect that would cause the
26absentee ballot to be rejected by the absentee and special
27voters precinct board, the commissioner shall immediately
28notify the voter of that fact and that the voter’s absentee
29ballot shall not be counted unless the voter requests and
30returns a replacement ballot in the time permitted under
31section 53.17, subsection 2. For the purposes of this section,
32a return an affidavit envelope marked with the affidavit
33 shall be considered to contain a defect if it appears to
34the commissioner that the signature on the envelope has been
35signed by someone other than the registered voter, in comparing
-18-1the signature on the envelope to the signature on record of
2the registered voter named on the envelope. A signature or
3marking made in accordance with section 39.3, subsection
417, shall not be considered a defect for purposes of this
5section the voter verification number provided does not match
6the voter verification number associated with the voter’s
7voter registration. The voter may request a replacement
8ballot in person, in writing, or over the telephone. The
9same serial number that was assigned to the records of the
10original absentee ballot application shall be used on the
11envelope envelopes and records of the replacement ballot. The
12affidavit envelope marked with the affidavit and containing
13the completed replacement ballot shall be marked “Replacement
14ballot”. The affidavit envelope marked with the affidavit and
15 containing the original ballot shall be marked “Defective” and
16the “Defective”. The replacement ballot shall be attached to
17such the affidavit envelope containing the original ballot and
18shall be stored in a secure place until they are delivered to
19the absentee and special voters precinct board, notwithstanding
20sections 53.26 and 53.27.
21 Sec. 29. Section 53.20, subsection 2, paragraph b, Code
222023, is amended to read as follows:
23b. For the primary election, general election election,
24 and for any election in which the commissioner determines in
25advance of the election to report the results of the special
26precinct by the resident precincts of the voters who cast
27absentee and provisional ballots, the commissioner shall
28prepare a separate absentee ballot style for each precinct
29in the county and shall program the voting system to produce
30reports by the resident precincts of the voters.
31 Sec. 30. Section 53.21, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. The voter shall enclose one copy of the above statement
34in the return envelope along with the affidavit envelope, if
35the voter was mailed a separate affidavit envelope, and shall
-19-1retain a copy for the voter’s records.
2 Sec. 31. Section 53.23, subsection 3, paragraph b,
3subparagraph (1), Code 2023, is amended to read as follows:
4(1) The commissioner may direct the board to meet on the day
5before the election for the purpose of reviewing the absentee
6voters’ affidavits appearing on the sealed envelopes. If in
7the commissioner’s judgment this procedure is necessary due
8to the number of absentee ballots received, the members of
9the board may open the sealed affidavit envelopes and remove
10the secrecy envelope containing the ballot, but under no
11circumstances shall a secrecy envelope or a return an affidavit
12 envelope marked with an affidavit be opened before the board
13convenes on election day, except as provided in paragraph
14“c”. If the affidavit envelopes are opened before election
15day pursuant to this paragraph “b”, the observers appointed
16by each political party, as defined in section 43.2, shall
17witness the proceedings. Each political party may appoint up
18to five observers under this paragraph “b”. The observers
19shall be appointed by the county chairperson or, if the
20county chairperson fails to make an appointment, by the state
21chairperson. However, if either or both political parties fail
22to appoint an observer, the commissioner may continue with the
23proceedings.
24 Sec. 32. Section 53.23, subsection 5, Code 2023, is amended
25to read as follows:
265. The special precinct election board shall preserve the
27secrecy of all absentee and provisional ballots. After the
28affidavits on the affidavit envelopes have been reviewed and
29the qualifications of the persons casting the ballots have been
30determined, those that have been accepted for counting shall
31be opened. The ballots shall be removed from the affidavit
32envelopes or return envelopes marked with the affidavit, as
33applicable, without being unfolded or examined, and then shall
34be thoroughly intermingled, after which they shall be unfolded
35and tabulated. If secrecy folders or envelopes are used with
-20-1provisional paper ballots, the ballots shall be removed from
2the secrecy folders envelopes after the ballots have been
3intermingled.
4 Sec. 33. Section 53.25, subsection 1, paragraph a, Code
52023, is amended to read as follows:
6a. If the absentee voter’s affidavit lacks the voter’s
7signature or voter verification number, if the applicant is
8not a duly registered voter on election day in the precinct
9where the absentee ballot was cast, if the affidavit envelope
10marked with the affidavit contains more than one ballot of any
11one kind, or if the voter has voted in person, such vote shall
12be rejected by the absentee and special voters precinct board.
13If the affidavit envelope or return envelope marked with the
14affidavit is open, or has been opened and resealed, or if the
15ballot is not enclosed in such the affidavit envelope, and an
16affidavit envelope or return envelope marked with the affidavit
17with the same serial number and marked “Replacement ballot” is
18not attached as provided in section 53.18, the ballot shall be
19rejected by the absentee and special voters precinct board.
20 Sec. 34. Section 53.25, subsection 2, Code 2023, is amended
21to read as follows:
222. If the absentee or provisional ballot is rejected prior
23to the opening of the affidavit envelope or return envelope
24marked with the affidavit, the voter casting the ballot shall
25be notified by a precinct election official by the time the
26canvass is completed of the reason for the rejection on a form
27prescribed by the state commissioner of elections.
28 Sec. 35. Section 53.30, subsection 2, Code 2023, is amended
29to read as follows:
302. At the conclusion of each meeting of the absentee and
31special voters precinct board, the board shall securely seal
32all ballots counted by them in the manner prescribed in section
3350.12. The ballot envelopes, including the affidavit envelope
34if an affidavit envelope was provided, the return envelope, and
35secrecy envelope bearing the signatures of precinct election
-21-1officials, as required by section 53.23, shall be preserved.
2All applications for absentee ballots, ballots rejected without
3being opened, absentee ballot logs, and any other documents
4pertaining to the absentee ballot process shall be preserved
5until such time as the documents may be destroyed pursuant to
6section 50.19.
7 Sec. 36. Section 53.32, Code 2023, is amended to read as
8follows:
953.32 Ballot of deceased voter.
10When it shall be made to appear by due proof to the precinct
11election officials that any elector, who has so marked and
12forwarded a ballot, has died before the envelope marked with
13the affidavit affidavit envelope is opened, then the ballot of
14such deceased voter shall be endorsed, “Rejected because voter
15is dead”, and be returned to the commissioner. The casting
16of the ballot of a deceased voter shall not invalidate the
17election.
18 Sec. 37. Section 58.4, subsections 1 and 2, Code 2023, are
19amended to read as follows:
201. The names of members of each house, except the presiding
21officer and the majority and minority leaders, written on
22similar paper tickets, shall be placed in a box, the names of
23the senators in their presence by their secretary, and the
24names of the representatives in their presence by their clerk.
252. The secretary of the senate in the presence of the
26senate, and the clerk of the house of representatives in
27the presence of the house, shall draw from their respective
28boxes the names of seven five members each. The majority and
29minority leaders of each house shall also serve on the contest
30court.
31 Sec. 38. Section 60.2, Code 2023, is amended to read as
32follows:
3360.2 Clerk.
34The secretary of state clerk of the supreme court shall be
35the clerk of the court, or, in the secretary of state’s clerk
-22-1of the supreme court’s absence or inability to act, the clerk
2of the supreme court secretary of state.
3 Sec. 39. Section 61.2, Code 2023, is amended to read as
4follows:
561.2 Clerk.
6The secretary of state clerk of the supreme court shall be
7the clerk of this court; but if the person holding that office
8is a party to the contest, the clerk of the supreme court, or,
9in case of that person’s absence or inability, the auditor of
10state shall be clerk, or, in the clerk of the supreme court’s
11absence or inability to act, the secretary of state. If the
12person holding the office of secretary of state is a party to
13the contest, the auditor of state shall be clerk.
14 Sec. 40. Section 68.9, subsection 1, Code 2023, is amended
15to read as follows:
161. When an impeachment is presented, the senate shall, after
17the hour of final adjournment of the legislature as soon as
18practicable, be forthwith organized as a court of impeachment
19for the trial thereof, at the capitol.
20 Sec. 41. Section 69.14, Code 2023, is amended to read as
21follows:
2269.14 Special election to fill vacancies.
231. A special election to fill a vacancy shall be held for a
24representative in Congress, when Congress is in session or will
25convene prior to the next general election, or for a senator or
26representative in the general assembly, when the body in which
27such vacancy exists is in session, or the general assembly will
28convene prior to the next general election, and the governor
29shall order, not later than five days from the date the vacancy
30exists, a special election, giving not less than forty days’
31notice of such election.
322. In the event the special election is to fill a vacancy
33in the general assembly while it is in session or within
34forty-five days of the convening of any session, the time limit
35provided in this section shall not apply and the governor shall
-23-1order such special election at the earliest practical time,
2giving at least eighteen days’ notice of the special election.
3Any special election called under this section must be held on
4a Tuesday and shall not be held on the same day as a school
5election within the district.
6 Sec. 42. Section 260C.15, subsection 5, Code 2023, is
7amended to read as follows:
85. The votes cast in the election shall be canvassed and
9abstracts of the votes cast shall be certified as required by
10section 277.20. In each county whose commissioner of elections
11is the controlling commissioner for a merged area under section
1247.2, the county board of supervisors shall convene on the
13second Monday or Tuesday after the day of the election to
14canvass the abstracts of votes cast from each county in the
15merged area, and declare the results of the voting. The
16commissioner shall at once issue certificates of election to
17each person declared elected, and shall certify to the merged
18area board in substantially the manner prescribed by section
1950.27 the result of the voting on any public question submitted
20to the voters of the merged area. Members elected to the board
21of directors of a merged area shall qualify by taking the oath
22of office prescribed in section 277.28.
23 Sec. 43. Section 277.4, subsection 4, Code 2023, is amended
24to read as follows:
254. Any person on whose behalf nomination petitions have been
26filed under this section may withdraw as a candidate by filing
27a signed statement to that effect with the secretary consistent
28with section 44.9, subsection 5.
29 Sec. 44. EFFECTIVE DATE. Except as otherwise provided, this
30Act, being deemed of immediate importance, takes effect upon
31enactment.
32 Sec. 45. EFFECTIVE DATE. The following take effect January
331, 2024:
34The sections of this Act amending or enacting sections of
35chapter 53.
-24-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the conduct of elections.
5The bill provides that a political party that this
6required by statute to publish a notice of a precinct caucus
7in a newspaper of general circulation may, in lieu of such
8requirement, publish the notice, action, or other information
9in its entirety on the political party’s internet site, if the
10political party maintains an internet site.
11The bill changes the deadline for a person nominated to fill
12a ballot vacancy to withdraw by filing a notice in the office
13of the appropriate county commissioner of elections from 64
14days before the date of the election to 67 days before the date
15of the election.
16The bill requires a person challenging the voter
17registration of another person to post a bond, in an amount
18to be determined by the commissioner, sufficient to cover the
19costs of verifying the validity of the challenged voter’s
20registration. If the challenged voter’s registration is
21determined to be invalid, the bond shall be returned to
22the challenger. Otherwise, the bill requires the bond
23to be deposited in the election fund of the county of the
24commissioner with whom the challenge was filed.
25The bill requires a notice for an election to include the
26date the election will be audited, the location of the audit,
27and the hours during which the election will be audited. The
28bill also changes the earliest date that notice of an election
29may be published from 20 to 30 days before the date of the
30election.
31The bill allows a county commissioner of elections to use
32an electronic election register in lieu of a paper register
33if the electronic election register is a product that has
34been certified for use in the state by the state commissioner
35of elections. The bill directs the state commissioner of
-25-1elections to adopt rules regarding electronic election
2registers.
3The bill requires a precinct election official to publicly
4announce the results of a canvass only upon the request of
5a person at the precinct. Current law requires a precinct
6election official to always publicly announce the results of
7a canvass.
8The bill requires the state commissioner of elections, in
9cooperation with county commissioners of elections, to conduct
10an unofficial canvass of election results following the closing
11of polls for regular city, regular school, primary, and general
12elections. Current law requires an unofficial canvass only
13for general elections. If a county commissioner of elections
14determines that all precincts will not report results before
15the office is closed, the bill requires the county commissioner
16to provide a written explanation as to why.
17The bill removes the first Monday after an election as a
18possible date for canvassing an election.
19The bill changes the deadline to request a recount from 5:00
20p.m.on the third day following the canvass of an election
21to 5:00 p.m.on the second day following the canvass of an
22election. The bill requires a recount request to include all
23precincts in a county instead of only specified counties. The
24bill also requires the request to include whether the candidate
25requests only a machine recount or a machine recount followed
26by a hand recount. If a candidate requests a hand recount
27in one county, the bill requires the candidate to request a
28hand recount in all counties in which the candidate requests
29a recount. The bill imposes a fine of $100 for each violation
30on a candidate who does not request a hand recount in all
31counties in which the candidate is required to do so. The
32state commissioner of elections shall then inform each other
33county to be recounted that a hand recount shall be conducted.
34The bill imposes similar requirements on recounts for public
35measures.
-26- 1The bill requires the county commissioner of elections to
2notify the state commissioner of elections by electronic mail
3when a recount is requested. If the apparent winning candidate
4in an election for which a recount has been requested cannot be
5contacted, the bill changes the deadline by which the county
6commissioner of elections must contact the chairperson of the
7political party or organization that nominated the apparent
8winner from four days after attempting to make contact to three
9days.
10The bill changes the composition of recount boards based
11on the population of the county. For a county of fewer than
1215,000 people, the board shall consist of a designee of the
13candidate requesting the recount, a designee of the apparent
14winning candidate, and a person who is a precinct election
15official selected by the chief judge of the judicial district
16in which the canvass occurs. For a county with a population
17between 15,000 and 49,999, the board shall consist of a
18designee of the candidate requesting the recount, a designee
19of the apparent winning candidate, and three persons who are
20precinct election officials selected by the chief judge of the
21judicial district in which the canvass occurs. For a county
22with a population of 50,000 or greater, the board shall consist
23of two designees of the candidate requesting the recount, two
24designees of the apparent winning candidate, and three persons
25who are precinct election officials selected by the chief judge
26of the judicial district in which the canvass occurs. Members
27appointed by the chief judge for the recount of a partisan
28election shall not be comprised of more than one-third of
29persons who are not members of either of the two political
30parties whose candidates for president received the most or
31next-most votes at the last general election for a partisan
32election and not more than a simple majority of members
33appointed by a chief judge shall be from the same political
34party or organization.
35The bill makes a similar change for recounts requested
-27-1in a primary election for an office for which no candidate
2has received the required 35 percent to be nominated. Under
3current law, the recount board consists of one person chosen
4by the candidate requesting the recount, one person chosen by
5the candidate receiving the highest number of votes excluding
6the requestor, and a third person mutually agreeable to the
7board members designated by the candidates. The bill provides
8that the third person is instead a precinct election official
9selected by the chief judge of the judicial district in which
10the canvass occurs.
11The bill requires a recount board to be convened no later
12than 9:00 a.m.on the sixth day following the canvass of
13the election. The commissioner shall then inform the board
14whether the candidate requested a hand recount. The board
15shall direct the commissioner to retabulate the ballots using
16the automatic tabulating equipment using the same program as
17was used to tabulate the votes on election day unless the
18program is believed or known to be flawed. The board shall
19recount only the ballots which were voted and counted for
20the office in question, including disputed ballots. After
21retabulating, the board shall compare the results to the
22abstract prepared pursuant to the county board’s canvass and
23note any discrepancies. If the candidate requested a hand
24recount, the bill requires the ballots to be separated into
25categories and tabulated. The board shall then compare the
26results of the tabulation to the results of the canvass and the
27automatic recount. If there are discrepancies, the results of
28the hand recount shall control. The bill then requires the
29board to reseal and preserve the ballots.
30At the conclusion of the recount, the bill requires the board
31to make and file with the county commissioner of elections a
32report of its findings, signed by a majority of the board.
33The bill requires a recount board to include in its written
34report following the conclusion of a recount a full tally
35and accounting of ballots reviewed by the board. The report
-28-1must allow the county commissioner of elections to correct the
2canvass of votes in the manner required by law, if applicable.
3The board shall file its report by 17 days after the canvass of
4an election for the offices of president and vice president,
5by 21 days after the canvass of an election for a state office
6or a seat in the United States Congress, and by 13 days after
7the canvass of any other election. The bill also requires
8the county board of elections to reconvene no later than 27
9days following a presidential election to correct any errors
10identified by the recount board.
11The bill requires a petition for a recount of an election
12for a public measure to be submitted not later than two days
13following the canvass of the votes for the measure rather
14than three days. The bill changes the makeup of the recount
15board for a public measure by removing a designee named by the
16commissioner and a person jointly selected by that person and
17a designee named in the petition requesting the recount and
18replacing them with two election officials selected by the
19chief judge of the judicial district where the canvass occurs.
20The commissioner shall convene the recount board not later than
219:00 a.m.on the sixth day following the county board’s canvass
22of the election in question.
23Under current law, a county commissioner of elections may
24conduct an administrative recount if the commissioner suspects
25that voting equipment used in the election malfunctioned or
26that programming errors may have affected the outcome of the
27election, or if the precinct election officials report counting
28errors to the commissioner. The bill allows the county
29commissioner of elections to conduct an administrative audit if
30such circumstances exist. The bill allows political parties,
31defined in Code, to appoint observers to witness the audit.
32The bill requires an absentee ballot that is mailed to a
33voter to be enclosed in an unsealed affidavit envelope and with
34or in an unsealed return envelope, which shall then be enclosed
35in the delivery envelope. If the ballot cannot be folded so
-29-1that all the voting ovals on the ballot will be hidden, the
2bill requires the commissioner to also send a secrecy envelope.
3The bill requires a registered voter to subscribe to an
4affidavit on an affidavit envelope by signing the envelope and
5writing the voter’s voter verification number. The bill also
6requires return envelopes to have printed on them the deadline
7to return the ballot and the manner to track the status of the
8ballot.
9The bill strikes a requirement that an affidavit envelope
10be considered to contain a defect if it appears to the county
11commissioner of elections that it was signed by a person other
12than the voter. The bill adds a requirement that an affidavit
13envelope be considered to contain a defect if the voter
14verification number on the envelope does not match the voter
15verification number on file for the voter.
16The bill requires the county commissioner of elections to
17prepare a separate absentee ballot style for each precinct in
18the county and program the voting system to produce reports by
19the resident precincts of the voters for each primary election.
20The bill repeals certain requirements regarding what
21materials a commissioner shall include with an absentee ballot
22and instead requires a commissioner to put the same serial
23number on the affidavit, return, and delivery envelopes.
24The bill requires all mailed absentee ballots to include an
25affidavit envelope. The bill also requires the absentee and
26special voters precinct board to reject an absentee ballot
27if the affidavit envelope does not include the voter’s voter
28verification number.
29The bill changes the makeup of the contest court for a
30contested gubernatorial election to include five members each
31from the house and the senate and the majority and minority
32leaders of each chamber.
33The bill requires the senate to organize as a court of
34impeachment as soon as practicable after an impeachment is
35presented.
-30- 1The bill changes the clerk of a court of contest for
2presidential electors and congresspersons from the secretary
3of state to the clerk of the supreme court. If the clerk of
4the supreme court is absent or unable to act, the secretary of
5state shall be the clerk of the court. For elections for state
6officers, the bill changes the clerk of a contest court to the
7clerk of the supreme court. If the clerk of the supreme court
8is absent or unable to act, the secretary of state shall be the
9clerk of the court. However, if the secretary of state is a
10party to the contest, the auditor of state shall be the clerk
11of the court.
12The bill updates an internal reference regarding withdrawals
13of candidates for school district elections.
14The bill takes effect upon enactment, except that sections
15amending Code chapter 53 (absent voters) take effect on January
161, 2024.
-31-ss/ns