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PAG LIN 1 1 DIVISION I 1 2 ELECTION MISCONDUCT AND PENALTIES 1 3 Section 1. NEW SECTION. 39A.1 TITLE AND PURPOSE – 1 4 ELECTION OFFICIALS DEFINED. 1 5 1. This chapter may be cited and referred to as the 1 6 "Election Misconduct and Penalties Act". 1 7 2. The purpose of this chapter is to identify actions 1 8 which threaten the integrity of the election process and to 1 9 impose significant sanctions upon persons who intentionally 1 10 commit those acts. It is the intent of the general assembly 1 11 that offenses with the greatest potential to affect the 1 12 election process be vigorously prosecuted and strong 1 13 punishment meted out through the imposition of felony 1 14 sanctions which, as a consequence, remove the voting rights of 1 15 the offenders. Other offenses are still considered serious, 1 16 but based on the factual context in which they arise, they may 1 17 not rise to the level of offenses to which felony penalties 1 18 attach. The general assembly also recognizes that instances 1 19 may arise in which technical infractions of chapters 39 1 20 through 53 may occur which do not merit any level of criminal 1 21 sanction. In such instances, administrative notice from the 1 22 state or county commissioner of elections is sufficient. 1 23 Mandates or proscriptions in chapters 39 through 53 which are 1 24 not specifically included in this chapter shall be considered 1 25 to be directive only, without criminal sanction. 1 26 3. For the purposes of this chapter, "election officials" 1 27 include the state commissioner, the county commissioner, 1 28 employees of the state commissioner and county commissioner 1 29 who are responsible for carrying out functions or duties under 1 30 chapters 39 through 53, and precinct election officials 1 31 appointed pursuant to sections 49.12, 49.14, 49.18, and 53.23. 1 32 Sec. 2. NEW SECTION. 39A.2 ELECTION MISCONDUCT IN THE 1 33 FIRST DEGREE. 1 34 1. A person commits the crime of election misconduct in 1 35 the first degree if the person willfully commits any of the 2 1 following acts: 2 2 a. REGISTRATION FRAUD. Produces, procures, submits, or 2 3 accepts a voter registration application that is known by the 2 4 person to be materially false, fictitious, forged, or 2 5 fraudulent. 2 6 b. VOTE FRAUD. 2 7 (1) Destroys, delivers, or handles an application for a 2 8 ballot or an absentee ballot with the intent of interfering 2 9 with the voter's right to vote. 2 10 (2) Produces, procures, submits, or accepts a ballot or an 2 11 absentee ballot, or produces, procures, casts, accepts, or 2 12 tabulates a ballot that is known by the person to be 2 13 materially false, fictitious, forged, or fraudulent. 2 14 (3) Votes or attempts to vote more than once at the same 2 15 election, or votes or attempts to vote at an election knowing 2 16 oneself not to be qualified. 2 17 (4) Makes a false or untrue statement in an application 2 18 for an absentee ballot or makes or signs a false certification 2 19 or affidavit in connection with an absentee ballot. 2 20 (5) Otherwise deprives, defrauds, or attempts to deprive 2 21 or defraud the citizens of this state of a fair and 2 22 impartially conducted election process. 2 23 c. DURESS. Intimidates, threatens, or coerces, or 2 24 attempts to intimidate, threaten, or coerce, a person to do 2 25 any of the following: 2 26 (1) To register to vote, to vote, or to attempt to 2 27 register to vote. 2 28 (2) To urge or aid a person to register to vote, to vote, 2 29 or to attempt to register to vote. 2 30 (3) To exercise a right under chapters 39 through 53. 2 31 d. BRIBERY. 2 32 (1) Pays, offers to pay, or causes to be paid money or any 2 33 other thing of value to a person to influence the person's 2 34 vote. 2 35 (2) Pays, offers to pay, or causes to be paid money or any 3 1 other thing of value to an election official conditioned on 3 2 some act done or omitted to be done contrary to the person's 3 3 official duty in relation to an election. 3 4 (3) Receives money or any other thing of value knowing 3 5 that it was given in violation of subparagraph (1) or (2). 3 6 e. CONSPIRACY. Conspires with or acts as an accessory 3 7 with another to commit an act in violation of paragraphs "a" 3 8 through "d". 3 9 2. Election misconduct in the first degree is a class "D" 3 10 felony. 3 11 Sec. 3. NEW SECTION. 39A.3 ELECTION MISCONDUCT IN THE 3 12 SECOND DEGREE. 3 13 1. A person commits the crime of election misconduct in 3 14 the second degree if the person willfully commits any of the 3 15 following acts: 3 16 a. INTERFERENCE WITH VALIDITY OF ELECTION. 3 17 (1) Possesses an official ballot outside of the voting 3 18 room unless the person is an election official or other person 3 19 authorized by law to possess such a ballot. 3 20 (2) Makes or possesses a counterfeit of an official 3 21 election ballot. 3 22 (3) Solicits or encourages a person to vote in an election 3 23 knowing that person is not qualified to vote in the election. 3 24 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 3 25 (1) Refuses to register a person who is entitled to 3 26 register to vote under chapter 48A. 3 27 (2) Accepts a fee from an applicant applying for 3 28 registration. 3 29 (3) While the polls are open, opens a ballot received from 3 30 a voter, except as permitted by law. 3 31 (4) Marks a ballot by folding or otherwise so as to be 3 32 able to recognize it. 3 33 (5) Attempts to learn how a voter marked a ballot. 3 34 (6) Causes a voter to cast a vote contrary to the voter's 3 35 intention. 4 1 (7) Changes a ballot, or in any way causes a vote to be 4 2 recorded contrary to the intention of the person casting that 4 3 vote. 4 4 (8) Allows a person to do any of the acts proscribed by 4 5 subparagraphs (1) through (7). 4 6 2. Election misconduct in the second degree is an 4 7 aggravated misdemeanor. 4 8 Sec. 4. NEW SECTION. 39A.4 ELECTION MISCONDUCT IN THE 4 9 THIRD DEGREE. 4 10 1. A person commits the crime of election misconduct in 4 11 the third degree if the person willfully commits any of the 4 12 following acts: 4 13 a. ELECTION DAY ACTS. Any of the following on election 4 14 day: 4 15 (1) Loitering, congregating, electioneering, posting 4 16 signs, treating voters, or soliciting votes, during the 4 17 receiving of the ballots, either on the premises of a polling 4 18 place or within three hundred feet of an outside door of a 4 19 building affording access to a room where the polls are held, 4 20 or of an outside door of a building affording access to a 4 21 hallway, corridor, stairway, or other means of reaching the 4 22 room where the polls are held. This subparagraph does not 4 23 apply to the posting of signs on private property not a 4 24 polling place, except that the placement of a sign that is 4 25 more than ninety square inches in size on a motor vehicle, 4 26 trailer, or semitrailer, or its attachment to a motor vehicle, 4 27 trailer, or semitrailer parked on public property within three 4 28 hundred feet of a polling place is prohibited. 4 29 (2) Interrupting, hindering, or opposing a voter while in 4 30 or approaching the polling place for the purpose of voting. 4 31 (3) As a voter, submitting a false statement as to the 4 32 voter's ability to mark a ballot. 4 33 (4) Interfering or attempting to interfere with a voter 4 34 when the voter is inside the enclosed voting space, or when 4 35 the voter is marking a ballot. 5 1 (5) Endeavoring to induce a voter to show how the voter 5 2 marks or has marked a ballot. 5 3 (6) Marking, or causing in any manner to be marked, on a 5 4 ballot, any character for the purpose of identifying such 5 5 ballot. 5 6 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 5 7 (1) Serving as a member of a challenging committee or 5 8 observer under section 49.104, subsection 2, 5, or 6, while 5 9 serving as a precinct election official at the polls. 5 10 (2) Failing to perform duties prescribed by chapters 39 5 11 through 53, or performing those duties in such a way as to 5 12 hinder the object of the law. 5 13 (3) Disclosing the manner in which a person's ballot has 5 14 been voted to anyone except as ordered by a court. 5 15 (4) Failing to carry out a duty with regard to access 5 16 under chapter 22 to a public record that relates to an 5 17 election or voter registration. 5 18 (5) Furnishing a voter with a ballot other than the proper 5 19 ballot to be used at an election. 5 20 (6) Making or consenting to a false entry on the list of 5 21 voters or poll books. 5 22 (7) Placing or permitting another election official to 5 23 place anything other than a ballot into a ballot box as 5 24 provided in section 49.85, or permitting a person other than 5 25 an election official to place anything into a ballot box. 5 26 (8) Taking or permitting to be taken out of a ballot box a 5 27 ballot deposited in the ballot box, except in the manner 5 28 prescribed by law. 5 29 (9) Destroying or altering a ballot that has been given to 5 30 a voter. 5 31 (10) Permitting a person to vote in a manner prohibited by 5 32 law. 5 33 (11) Refusing or rejecting the vote of a voter qualified 5 34 to vote. 5 35 (12) Wrongfully acting or refusing to act for the purpose 6 1 of avoiding an election, or of rendering invalid a ballot cast 6 2 from a precinct or other voting district. 6 3 (13) Having been deputized to carry the poll books of an 6 4 election to the place where they are to be canvassed, failing 6 5 to deliver them to such place, safe, with seals unbroken, and 6 6 within the time specified by law. 6 7 c. MISCELLANEOUS OFFENSES. 6 8 (1) As a party committee member or a primary election 6 9 officer or public officer upon whom a duty is imposed by 6 10 chapter 43 or by a statute applicable to chapter 43, 6 11 neglecting to perform any such duty, or performing any such 6 12 duty in such a way as to hinder the object of the statute, or 6 13 by disclosing to anyone, except as may be ordered by a court, 6 14 the manner in which a ballot may have been voted. 6 15 (2) As a person who is designated pursuant to section 43.4 6 16 to report the results of a precinct caucus as it relates to 6 17 the selection and reporting of delegates selected as part of 6 18 the presidential nominating process or who is designated 6 19 pursuant to section 43.4 to tabulate and report the number of 6 20 persons attending the caucus favoring each presidential 6 21 candidate, failing to perform those duties, falsifying the 6 22 information, or omitting information required to be reported 6 23 under section 43.4. 6 24 (3) Making a false answer under chapter 43 relative to a 6 25 person's qualifications and party affiliations. 6 26 (4) Paying, offering to pay, or receiving compensation for 6 27 voter registration assistance in violation of section 48A.25. 6 28 (5) Using voter registration information in violation of 6 29 section 48A.39. 6 30 (6) As a candidate, making a promise to name or appoint 6 31 another person to a position or to secure a position for 6 32 another person in violation of section 49.120. 6 33 (7) Soliciting the use of influence from a candidate in 6 34 violation of section 49.121. 6 35 (8) As a public official or employee, or a person acting 7 1 under color of a public official or employee, knowingly 7 2 requiring a public employee to act in connection with an 7 3 absentee ballot in violation of section 53.7. 7 4 (9) As a person designated by the county commissioner of 7 5 elections or by the voter casting an absentee ballot, failing 7 6 to return an absentee ballot in violation of section 53.35A. 7 7 (10) As an incumbent officeholder of, or a candidate for, 7 8 an office being voted for at the election in progress, serving 7 9 as a member of a challenging committee or observer under 7 10 section 49.104, subsection 2, 5, or 6. 7 11 2. Election misconduct in the third degree is a serious 7 12 misdemeanor. 7 13 Sec. 5. NEW SECTION. 39A.5 ELECTION MISCONDUCT IN THE 7 14 FOURTH DEGREE. 7 15 1. A person commits the crime of election misconduct in 7 16 the fourth degree if the person willfully commits any of the 7 17 following acts: 7 18 a. ELECTION DAY ACTS. 7 19 (1) As an employer, denying an employee the privilege 7 20 conferred by section 49.109, or subjecting an employee to a 7 21 penalty or reduction of wages because of the exercise of that 7 22 privilege. 7 23 (2) Failing or refusing to comply with an order or command 7 24 of an election official made pursuant to chapter 49 for which 7 25 another penalty is not provided. 7 26 (3) Circulating, communicating, or attempting to circulate 7 27 or communicate information with reference to the result of the 7 28 counted ballots or making a compilation of vote subtotals 7 29 before the polls are closed in violation of section 51.11, 7 30 52.40, or 53.23. 7 31 (4) Destroying, defacing, tearing down, or removing a list 7 32 of candidates, card of instruction, or sample ballot posted as 7 33 provided by law prior to the closing of the polls. 7 34 (5) Removing or destroying the supplies or articles 7 35 furnished for the purpose of enabling voters to prepare their 8 1 ballots. 8 2 (6) Violating or attempting to violate any of the 8 3 provisions or requirements of chapter 49 to which another 8 4 penalty does not apply. 8 5 b. MISCELLANEOUS OFFENSES. 8 6 (1) As a public employee, acting in connection with an 8 7 absentee ballot in violation of section 53.7. 8 8 (2) Neglecting or refusing to return an absentee ballot in 8 9 violation of section 53.35, or violating any other provision 8 10 of chapter 53 for which another penalty is not provided. 8 11 (3) Filing a challenge containing false information under 8 12 section 48A.14. 8 13 2. Election misconduct in the fourth degree is a simple 8 14 misdemeanor. 8 15 Sec. 6. NEW SECTION. 39A.6 TECHNICAL INFRACTIONS – 8 16 NOTICE. 8 17 If the state commissioner or county commissioner becomes 8 18 aware of an apparent technical violation of a provision of 8 19 chapters 39 through 53, the state commissioner or county 8 20 commissioner may administratively provide a written notice and 8 21 letter of instruction to the responsible person regarding 8 22 proper compliance procedures. This notice is not a final 8 23 determination of facts or law in the matter, and does not 8 24 entitle a person to a proceeding under chapter 17A. 8 25 Sec. 7. Section 39.3, unnumbered paragraph 1, Code 2001, 8 26 is amended to read as follows: 8 27 The definitions established by this section shall apply 8 28 wherever the terms so defined appear in this chapter and in 8 29 chapters 39A, 43, 44, 45, 47, 48A through 53, and 56 unless 8 30 the context in which any such term is used clearly requires 8 31 otherwise. 8 32 Sec. 8. Section 39.3, subsection 8, Code 2001, is amended 8 33 to read as follows: 8 34 8. "Infamous crime" means a felony as defined in section 8 35 701.7, or an offense classified as a felony under federal law 9 1 or under the laws of another state. 9 2 Sec. 9. Section 48A.25, unnumbered paragraph 1, Code 2001, 9 3 is amended to read as follows: 9 4 A person may pay, offer to pay, or accept compensation for 9 5 assisting others in completing voter registration forms only 9 6 if the compensation is based solely on the time spent 9 7 providing the assistance. Paying, offering to pay, or 9 8 receiving compensation based on the number of registration 9 9 forms completed, or the party affiliations shown on completed 9 10 registration forms, or on any other performance criteria, isa9 11serious misdemeanorunlawful. 9 12 Sec. 10. Section 48A.39, Code 2001, is amended to read as 9 13 follows: 9 14 48A.39 USE OF REGISTRATION INFORMATION– PENALTY. 9 15 Information about individual registrants obtained from 9 16 voter registration records shall be used only to request the 9 17 registrant's vote at an election, or for another genuine 9 18 political purpose, or for a bona fide official purpose by an 9 19 elected official, or for bona fide political research, but 9 20 shall not be used for any commercial purposes.A person who9 21uses registration information in violation of this section9 22commits a serious misdemeanor.9 23 Sec. 11. Section 52.40, subsection 4, Code 2001, is 9 24 amended to read as follows: 9 25 4. The tabulation of ballots received from early pick-up 9 26 sites shall be conducted at the counting center during the 9 27 hours the polls are open, in the manner provided in sections 9 28 52.36 and 52.37, except that the room in which the ballots are 9 29 being counted shall not be open to the public during the hours 9 30 in which the polls are open and the room shall be policed so 9 31 as to prevent any person other than those whose presence is 9 32 authorized by this section and sections 52.36 and 52.37 from 9 33 obtaining information about the progress of the count. The 9 34 only persons who may be admitted to that room, as long as 9 35 admission does not impede the progress of the count, are the 10 1 members of the board, one challenger representing each 10 2 political party, one observer representing any nonparty 10 3 political organization or any candidate nominated by petition 10 4 pursuant to chapter 45, and the commissioner or the 10 5 commissioner's designee. No compilation of vote subtotals 10 6 shall be made while the polls are open.Any person who makes10 7a compilation of vote subtotals before the polls are closed10 8commits a simple misdemeanor.It shall be unlawful for any 10 9 person to communicate or attempt to communicate, directly or 10 10 indirectly, information regarding the progress of the count at 10 11 any time before the polls are closed. 10 12 Sec. 12. Section 53.7, subsection 2, Code 2001, is amended 10 13 to read as follows: 10 14 2.AnyIt is unlawful for any public officer or employee, 10 15 or any person acting under color of a public officer or 10 16 employee,whoto knowinglyrequires thatrequire a public 10 17 employee solicit an application or request for an application 10 18 for an absentee ballot, or knowingly requires that an employee 10 19 take an affidavit or request for an affidavit in connection 10 20 with an absentee ballot application, commits a serious10 21misdemeanor. 10 22 Sec. 13. Section 53.35, Code 2001, is amended to read as 10 23 follows: 10 24 53.35 REFUSAL TO RETURN BALLOT. 10 25AnyIt is unlawful for any personwho, having procured an 10 26 official ballot or ballots,shallto willfully neglect or 10 27 refuse to cast or return the same in the manner provided, or10 28who shall willfully violate any provision of this chapter,10 29shall, unless otherwise provided, be guilty of a simple10 30misdemeanor. Any person who applies for a ballot and 10 31 willfully neglects or refuses to return the same shall be 10 32 deemed to have committed an offense in the county to which 10 33 such ballot was returnable. 10 34 Sec. 14. Section 53.35A, Code 2001, is amended to read as 10 35 follows: 11 1 53.35A FAILURE TO RETURN BALLOT – PENALTY. 11 2AnyIt is unlawful for any person designated by the 11 3 commissioner, or by the elector casting the absentee ballot, 11 4 to deliver the sealed envelope containing the absentee ballot, 11 5whoto willfullyfailsfail to return the ballot to the 11 6 commissioner or the commissioner's designee, is guilty of a11 7serious misdemeanor. 11 8 Sec. 15. Section 53.49, Code 2001, is amended to read as 11 9 follows: 11 10 53.49 APPLICABLE TO ARMED FORCES AND OTHER CITIZENS. 11 11 The provisions of this division as to absent voting shall 11 12 apply only to absent voters in the armed forces of the United 11 13 States as defined for the purpose of absentee voting in 11 14 section 53.37. The provisions of sections 53.1to 53.36,11 15 through 53.35 shall apply to all otherqualifiedvoters not 11 16 members of the armed forces of the United States. 11 17 Sec. 16. Sections 43.119, 43.120, 48A.41, 49.110, 49.111, 11 18 49.113, 49.119, 51.16, 51.17, 53.36, 722.4, 722.5, 722.7, and 11 19 722.8, Code 2001, are repealed. 11 20 DIVISION II 11 21 VOTER REGISTRATION 11 22 Sec. 17. Section 48A.5, subsection 6, Code 2001, is 11 23 amended to read as follows: 11 24 6. The deadlines for voter registration shall not apply to 11 25 a person who has been discharged from military service within 11 26thirtysixty days preceding the date of an election. The 11 27 person shall present to the precinct election official a copy 11 28 of the person's discharge papers. The person shall complete a 11 29 voter registration form and give it to the official before 11 30 being permitted to vote. 11 31 Sec. 18. Section 48A.6, subsection 1, Code 2001, is 11 32 amended to read as follows: 11 33 1. A person who has been convicted of a felony as defined 11 34 in section 701.7, or convicted of an offense classified as a 11 35 felony under federal law or under the laws of another state. 12 1 If the person's rights are later restored by the governor, or 12 2 by the president of the United States, the person may register 12 3 to vote. 12 4 Sec. 19. Section 48A.9, subsection 1, Code 2001, is 12 5 amended to read as follows: 12 6 1. Registration closes at five p.m.eleventwenty days 12 7 before each electionexcept primary and general elections. 12 8For primary and general elections, registration closes at five12 9p.m. ten days before the election.An eligible elector may 12 10 register during the time registration is closed in the 12 11 elector's precinct but the registration shall not become 12 12 effective until registration opens again in the elector's 12 13 precinct. 12 14 Sec. 20. Section 48A.9, subsection 3, Code 2001, is 12 15 amended to read as follows: 12 16 3. A registration form submitted by mail shall be 12 17 considered on time if it is postmarked no later thanthe12 18fifteenth daytwenty-six days before the election, even if it 12 19 is received by the commissioner after the deadline, or if the 12 20 registration form is received by the commissioner no later 12 21 than five p.m. on the last day to register to vote for an 12 22 election, even if it is postmarked after thefifteenthtwenty- 12 23 sixth day before the election. 12 24 Sec. 21. Section 48A.27, subsection 4, paragraph c, 12 25 unnumbered paragraph 2, Code 2001, is amended to read as 12 26 follows: 12 27 The notice shall be sent by forwardable mail, and shall 12 28 include a postage paid preaddressed return card on which the 12 29 registered voter may state the registered voter's current 12 30 address. The notice shall contain a statement in 12 31 substantially the following form: "Information received from 12 32 the United States postal service indicates that you are no 12 33 longer a resident of, and therefore not eligible to vote in 12 34 (name of county) County, Iowa. If this information is not 12 35 correct, and you still live in (name of county) County, please 13 1 complete and mail the attached postage paid card at leastten13 2 twenty days before theprimary or generalnext electionand at13 3least eleven days before any other electionat which you wish 13 4 to vote. If the information is correct and you have moved, 13 5 please contact a local official in your new area for 13 6 assistance in registering there. If you do not mail in the 13 7 card, you will be required to show identification proving your 13 8 residence in (name of county) County before being allowed to 13 9 vote in (name of county) County. If you do not return the 13 10 card, and you do not vote in an election in (name of county) 13 11 County, Iowa, on or before (date of second general election 13 12 following the date of the notice) your name will be removed 13 13 from the list of voters in that county. To ensure you receive 13 14 this notice, it is being sent to both your most recent 13 15 registration address and to your new address as reported by 13 16 the postal service." 13 17 Sec. 22. Section 48A.29, subsection 1, unnumbered 13 18 paragraph 2, Code 2001, is amended to read as follows: 13 19 The notice shall be sent by forwardable mail, and shall 13 20 include a postage paid preaddressed return card on which the 13 21 registered voter may state the registered voter's current 13 22 address. The notice shall contain a statement in 13 23 substantially the following form: "Information received from 13 24 the United States postal service indicates that you are no 13 25 longer a resident of (residence address) in (name of county) 13 26 County, Iowa. If this information is not correct, and you 13 27 still live in (name of county) County, please complete and 13 28 mail the attached postage paid card at leasttentwenty days 13 29 before theprimary or general election and at least eleven13 30days before any othernext election at which you wish to vote. 13 31 If the information is correct, and you have moved, please 13 32 contact a local official in your new area for assistance in 13 33 registering there. If you do not mail in the card, you may be 13 34 required to show identification proving your residence in 13 35 (name of county) County before being allowed to vote in (name 14 1 of county) County. If you do not return the card, and you do 14 2 not vote in some election in (name of county) County, Iowa, on 14 3 or before (date of second general election following the date 14 4 of the notice) your name will be removed from the list of 14 5 voters in that county." 14 6 Sec. 23. Section 48A.29, subsection 3, unnumbered 14 7 paragraph 2, Code 2001, is amended to read as follows: 14 8 The notice shall be sent by forwardable mail, and shall 14 9 include a postage paid preaddressed return card on which the 14 10 registered voter may state the registered voter's current 14 11 address. The notice shall contain a statement in 14 12 substantially the following form: "Information received by 14 13 this office indicates that you are no longer a resident of 14 14 (residence address) in (name of county) County, Iowa. If the 14 15 information is not correct, and you still live at that 14 16 address, please complete and mail the attached postage paid 14 17 card at leasttentwenty days before theprimary or general14 18election and at least eleven days before any othernext 14 19 election at which you wish to vote. If the information is 14 20 correct, and you have moved within the county, you may update 14 21 your registration by listing your new address on the card and 14 22 mailing it back. If you have moved outside the county, please 14 23 contact a local official in your new area for assistance in 14 24 registering there. If you do not mail in the card, you may be 14 25 required to show identification proving your residence in 14 26 (name of county) County before being allowed to vote in (name 14 27 of county) County. If you do not return the card, and you do 14 28 not vote in some election in (name of county) County, Iowa, on 14 29 or before (date of second general election following the date 14 30 of the notice) your name will be removed from the list of 14 31 registered voters in that county." 14 32 Sec. 24. Section 48A.30, subsection 1, paragraph d, Code 14 33 2001, is amended to read as follows: 14 34 d. The clerk of the district court, or the United States 14 35 attorney, or the state registrar sends notice of the 15 1 registered voter's conviction of a felony as defined in 15 2 section 701.7, or conviction of an offense classified as a 15 3 felony under federal law or under the laws of another state. 15 4 The clerk of the district court shall send notice of a felony 15 5 conviction to the state registrar of voters. The state 15 6 registrar may also receive notices of felony convictions 15 7 obtained under federal law or under the laws of another state. 15 8 The registrar shall determine in which county the felon is 15 9 registered to vote, if any, and shall notify the county 15 10 commissioner of registration for that county of the felony 15 11 conviction. 15 12 DIVISION III 15 13 CONDUCT OF ELECTIONS 15 14 Sec. 25. Section 13.2, Code 2001, is amended by adding the 15 15 following new subsection: 15 16 NEW SUBSECTION. 15. Assist the state commissioner of 15 17 elections in preparing written summaries of constitutional 15 18 amendments or other public measures as required by section 15 19 49.44. 15 20 Sec. 26. Section 49.43, unnumbered paragraph 3, Code 2001, 15 21 is amended to read as follows: 15 22 Constitutional amendments and other public measuresmayto 15 23 be decided by the voters of the entire state shall be 15 24 summarized by the state commissioner as provided insections15 25 section 49.44and. Other public measures shall be summarized 15 26 by the commissioner as provided in section 52.25. 15 27 Sec. 27. Section 49.44, unnumbered paragraph 3, Code 2001, 15 28 is amended to read as follows: 15 29 The commissionermayshall prepare a summary for public 15 30 measuresif the commissioner finds that a summary is needed to15 31clarifyfor the purpose of clarifying the question to the 15 32 voters. The summary describing the constitutional amendment 15 33 or public measure shall be written using terminology easily 15 34 understandable to the general public. The state commissioner 15 35 shall receive assistance from the office of attorney general 16 1 in preparing the written summary. 16 2 Sec. 28. Section 49.73, subsection 2, Code 2001, is 16 3 amended to read as follows: 16 4 2. The commissioner shall not shorten voting hours for any 16 5 election if there is filed in the commissioner's office, at 16 6 least twenty-five days before the election, a petition signed 16 7 by at least fifty eligible electors of the school district or 16 8 city, as the case may be, requesting that the polls be opened 16 9 not later than seveno'clocka.m. All polling places where 16 10 the candidates of or any public question submitted by any one 16 11 political subdivision are being voted upon shall be opened at 16 12 the same hour, except that this requirement shall not apply to 16 13 merged areas established under chapter 260C. The hours at 16 14 which the respective precinct polling places are to open shall 16 15 not be changed after publication of the notice required by 16 16 section 49.53. The polling places shall be closed atnine16 17o'clockeight p.m. forstate primary and general elections and16 18other partisan elections, and for any other election held16 19concurrently therewith, and at eight o'clock p.m. forall 16 20otherelections. 16 21 Sec. 29. Section 49.92, Code 2001, is amended to read as 16 22 follows: 16 23 49.92 VOTING MARK. 16 24 The instructions appearing on the ballot shall describe the 16 25 appropriate mark to be used by the voter. The mark shall be 16 26 consistent with the requirements of the voting system in use 16 27 in the precinct. The voting mark used on paper ballots may be 16 28 a cross or check which shall be placed in the voting targets 16 29 opposite the names of candidates. The fact that the voting 16 30 mark is made by an instrument other than a black lead pencil 16 31 shall not affect the validity of the ballot unless it appears 16 32 that the color or nature of the mark is intended to identify 16 33 or recognize the ballot contrary to the intent of section 16 34 49.107, subsection 7. 16 35 Sec. 30. EFFECTIVE DATE AND APPLICABILITY. This section 17 1 and the sections of this Act amending Code sections 13.2, 17 2 49.43, and 49.44, being deemed of immediate importance, take 17 3 effect upon enactment and apply to elections held on or after 17 4 the effective date of this section of this Act. 17 5 DIVISION IV 17 6 ABSENTEE VOTING 17 7 Sec. 31. Section 53.2, unnumbered paragraph 4, Code 2001, 17 8 is amended to read as follows: 17 9 Each application shall contain the name and signature of 17 10 the registered voter, the address at which the voter is 17 11 registered to vote, and the name or date of the election for 17 12 which the absentee ballot is requested, and such other 17 13 information as may be necessary to determine the correct 17 14 absentee ballot for the registered voter. The voter's 17 15 signature shall be the writing or markings of the voter. 17 16 Another person shall not sign an application on behalf of a 17 17 voter except that if the voter is unable due to a physical 17 18 disability to make a written signature or mark, a person 17 19 authorized by the voter may sign the application on behalf of 17 20 the voter. If insufficient information has been provided, the 17 21 commissioner shall, by the best means available, obtain the 17 22 additional necessary information. 17 23 Sec. 32. Section 53.8, subsection 1, Code 2001, is amended 17 24 to read as follows: 17 25 1. Upon receipt of an application for an absentee ballot 17 26 and immediately after the absentee ballots are printed, the 17 27 commissioner shall mail an absentee ballot to the applicant 17 28 within twenty-four hours, except as otherwise provided in 17 29 subsection 3. The absentee ballot shall be enclosed in an 17 30 unsealed envelope bearing a serial number and affidavit. The 17 31 absentee ballot and unsealed envelope shall be enclosed in or 17 32 with a carrier envelope which bears the same serial number as 17 33 the unsealed envelope. The carrier envelope shall include a 17 34 space for the signature of the person who delivers the carrier 17 35 envelope to the commissioner's office, if the envelope is 18 1 delivered in person. The absentee ballot, unsealed envelope, 18 2 and carrier envelope shall be enclosed in a third envelope to 18 3 be sent to the registered voter. 18 4 Sec. 33. Section 53.9, Code 2001, is amended to read as 18 5 follows: 18 6 53.9 PROHIBITED PERSONS. 18 7NoA person required to file reports under chapter 56, and 18 8noa person acting as an actual or implied agent for a person 18 9 required to file reports under chapter 56, shall not receive, 18 10 handle, or deliver absentee ballots on behalf of voters. This 18 11 prohibitiondoes not apply toprecludes prohibited persons 18 12 from being a voter's designee under section 53.17, and 18 13 precludes an unvoted ballot from being sent to a prohibited 18 14 person under section 53.2. 18 15 Sec. 34. Section 53.11, unnumbered paragraph 2, Code 2001, 18 16 is amended to read as follows: 18 17 Satellite absentee voting stations shall be established 18 18 throughout the cities and county at the direction of the 18 19 commissioner or upon receipt of a petition signed by not less 18 20 than one hundred eligible electors requesting that a satellite 18 21 absentee voting station be established at a location to be 18 22 described on the petition. Satellite absentee voting stations 18 23 may only be located in public buildings supported by taxation. 18 24 A satellite absentee voting station established by petition 18 25 must be open at least one day for a minimum ofsixfour hours. 18 26 A satellite absentee voting station established at the 18 27 direction of the commissioner or by petition may remain open 18 28 until five p.m. on the day before the election. 18 29 Sec. 35. Section 53.11, Code 2001, is amended by adding 18 30 the following new unnumbered paragraph after subsection 4: 18 31 NEW UNNUMBERED PARAGRAPH. The commissioner shall publish 18 32 notice of all satellite voting stations established under this 18 33 section, whether upon a petition or at the direction of the 18 34 commissioner, within ten days of the applicable deadline 18 35 established in subsections 1 through 4. 19 1 Sec. 36. Section 53.17, subsection 1, Code 2001, is 19 2 amended to read as follows: 19 3 1. The sealed carrier envelope may be delivered by the 19 4 registered voter or the voter's designee to the commissioner's 19 5 office no later than the time the polls are closed on election 19 6 day. The person who delivers a carrier envelope to the 19 7 commissioner's office shall sign a receipt presented by the 19 8 commissioner. The commissioner shall attach the signed 19 9 receipt to the carrier envelope. 19 10 Sec. 37. Section 53.18, Code 2001, is amended to read as 19 11 follows: 19 12 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION. 19 13 Upon receipt of the absentee ballot, the commissioner shall 19 14 at once record the number appearing on the application and 19 15 return carrier envelope,andthe time of receipt of such 19 16 ballot, and whether the ballot was returned by personal 19 17 delivery by the voter or the voter's designee or by mail. The 19 18 commissioner shall attach the elector's application to the 19 19 unopened envelope. Absentee ballots shall be stored in a 19 20 secure place until they are delivered to the absentee and 19 21 special voters. 19 22 Sec. 38. Section 53.19, unnumbered paragraph 1, Code 2001, 19 23 is amended to read as follows: 19 24 The commissioner shall maintain a list of the absentee 19 25 ballots provided to registered voters, the serial number 19 26 appearing on the unsealed envelope, the date the application 19 27 for the absentee ballot was received,andthe date the 19 28 absentee ballot was sent to the registered voter requesting 19 29 the absentee ballot, and whether the ballot was returned to 19 30 the commissioner by mail or in person. After the election, 19 31 the commissioner shall report to the state commissioner on the 19 32 manner in which the ballots were returned to the commissioner. 19 33 Sec. 39. Section 53.31, unnumbered paragraph 1, Code 2001, 19 34 is amended to read as follows: 19 35 Any person qualified to vote at the election in progress 20 1 may challenge the qualifications of a personcastingwho has 20 2 requested or cast an absentee ballot by submitting a written 20 3 challenge to the commissioner no later than five p.m. on the 20 4 day before the election. It is the duty of the special 20 5 precinct officials to challenge the absentee ballot of any 20 6 person whom the official knows or suspects is not duly 20 7 qualified. Challenges by members of the special precinct 20 8 election board or observers present pursuant to section 53.23 20 9 may be made at any time before the close of the polls on 20 10 election day. The challenge shall state the reasons for which 20 11 the challenge is being submitted and shall be signed by the 20 12 challenger.WhenIf a challenge is received the absentee 20 13 ballot shall be set aside for consideration by the special 20 14 precinct election board when it meets as required by section 20 15 50.22. 20 16 DIVISION V 20 17 SCHOOL ELECTIONS 20 18 Sec. 40. INTERIM STUDY COMMITTEE ON SCHOOL BOARD 20 19 ELECTIONS. The legislative council is requested to establish 20 20 a legislative interim study committee for the 2001 interim on 20 21 the conduct of school district and merged area elections under 20 22 current Iowa law. If established, the committee should be 20 23 directed to review all issues concerning school district and 20 24 merged area elections in this state, including dates of 20 25 regular and special elections and whether these elections can 20 26 be held in conjunction with any other regularly scheduled 20 27 elections, number of board members, length of term of office 20 28 of board members, qualifications of board members, school and 20 29 merged area issues that are required to be decided by 20 30 referendum, and other issues related to school district and 20 31 merged area elections. 20 32 HF 304 20 33 sc/es/25
Text: HF00303 Text: HF00305 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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