Text: HF02408 Text: HF02410 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2409 1 2 1 3 AN ACT 1 4 RELATING TO ELECTION MISCONDUCT AND PROVIDING CRIMINAL PENALTIES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 DIVISION I 1 9 ELECTION MISCONDUCT AND PENALTIES 1 10 Section 1. NEW SECTION. 39A.1 TITLE AND PURPOSE – 1 11 ELECTION OFFICIALS DEFINED. 1 12 1. This chapter may be cited and referred to as the 1 13 "Election Misconduct and Penalties Act". 1 14 2. The purpose of this chapter is to identify actions 1 15 which threaten the integrity of the election process and to 1 16 impose significant sanctions upon persons who intentionally 1 17 commit those acts. It is the intent of the general assembly 1 18 that offenses with the greatest potential to affect the 1 19 election process be vigorously prosecuted and strong 1 20 punishment meted out through the imposition of felony 1 21 sanctions which, as a consequence, remove the voting rights of 1 22 the offenders. Other offenses are still considered serious, 1 23 but based on the factual context in which they arise, they may 1 24 not rise to the level of offenses to which felony penalties 1 25 attach. The general assembly also recognizes that instances 1 26 may arise in which technical infractions of chapters 39 1 27 through 53 may occur which do not merit any level of criminal 1 28 sanction. In such instances, administrative notice from the 1 29 state or county commissioner of elections is sufficient. 1 30 Mandates or proscriptions in chapters 39 through 53 which are 1 31 not specifically included in this chapter shall be considered 1 32 to be directive only, without criminal sanction. 1 33 3. For the purposes of this chapter, "election officials" 1 34 include the state commissioner, the county commissioner, 1 35 employees of the state commissioner and county commissioner 2 1 who are responsible for carrying out functions or duties under 2 2 chapters 39 through 53, and precinct election officials 2 3 appointed pursuant to sections 49.12, 49.14, 49.18, and 53.23. 2 4 Sec. 2. NEW SECTION. 39A.2 ELECTION MISCONDUCT IN THE 2 5 FIRST DEGREE. 2 6 1. A person commits the crime of election misconduct in 2 7 the first degree if the person willfully commits any of the 2 8 following acts: 2 9 a. REGISTRATION FRAUD. Produces, procures, submits, or 2 10 accepts a voter registration application that is known by the 2 11 person to be materially false, fictitious, forged, or 2 12 fraudulent. 2 13 b. VOTE FRAUD. 2 14 (1) Destroys, delivers, or handles an application for a 2 15 ballot or an absentee ballot with the intent of interfering 2 16 with the voter's right to vote. 2 17 (2) Produces, procures, submits, or accepts a ballot or an 2 18 absentee ballot, or produces, procures, casts, accepts, or 2 19 tabulates a ballot that is known by the person to be 2 20 materially false, fictitious, forged, or fraudulent. 2 21 (3) Votes or attempts to vote more than once at the same 2 22 election, or votes or attempts to vote at an election knowing 2 23 oneself not to be qualified. 2 24 (4) Makes a false or untrue statement in an application 2 25 for an absentee ballot or makes or signs a false certification 2 26 or affidavit in connection with an absentee ballot. 2 27 (5) Otherwise deprives, defrauds, or attempts to deprive 2 28 or defraud the citizens of this state of a fair and 2 29 impartially conducted election process. 2 30 c. DURESS. Intimidates, threatens, or coerces, or 2 31 attempts to intimidate, threaten, or coerce, a person to do 2 32 any of the following: 2 33 (1) To register to vote, to vote, or to attempt to 2 34 register to vote. 2 35 (2) To urge or aid a person to register to vote, to vote, 3 1 or to attempt to register to vote. 3 2 (3) To exercise a right under chapters 39 through 53. 3 3 d. BRIBERY. 3 4 (1) Pays, offers to pay, or causes to be paid money or any 3 5 other thing of value to a person to influence the person's 3 6 vote. 3 7 (2) Pays, offers to pay, or causes to be paid money or any 3 8 other thing of value to an election official conditioned on 3 9 some act done or omitted to be done contrary to the person's 3 10 official duty in relation to an election. 3 11 (3) Receives money or any other thing of value knowing 3 12 that it was given in violation of subparagraph (1) or (2). 3 13 e. CONSPIRACY. Conspires with or acts as an accessory 3 14 with another to commit an act in violation of paragraphs "a" 3 15 through "d". 3 16 2. Election misconduct in the first degree is a class "D" 3 17 felony. 3 18 Sec. 3. NEW SECTION. 39A.3 ELECTION MISCONDUCT IN THE 3 19 SECOND DEGREE. 3 20 1. A person commits the crime of election misconduct in 3 21 the second degree if the person willfully commits any of the 3 22 following acts: 3 23 a. INTERFERENCE WITH VALIDITY OF ELECTION. 3 24 (1) Possesses an official ballot outside of the voting 3 25 room unless the person is an election official or other person 3 26 authorized by law to possess such a ballot. 3 27 (2) Makes or possesses a counterfeit of an official 3 28 election ballot. 3 29 (3) Solicits or encourages a person to vote in an election 3 30 knowing that person is not qualified to vote in the election. 3 31 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 3 32 (1) Refuses to register a person who is entitled to 3 33 register to vote under chapter 48A. 3 34 (2) Accepts a fee from an applicant applying for 3 35 registration. 4 1 (3) While the polls are open, opens a ballot received from 4 2 a voter, except as permitted by law. 4 3 (4) Marks a ballot by folding or otherwise so as to be 4 4 able to recognize it. 4 5 (5) Attempts to learn how a voter marked a ballot. 4 6 (6) Causes a voter to cast a vote contrary to the voter's 4 7 intention. 4 8 (7) Changes a ballot, or in any way causes a vote to be 4 9 recorded contrary to the intention of the person casting that 4 10 vote. 4 11 (8) Allows a person to do any of the acts proscribed by 4 12 subparagraphs (1) through (7). 4 13 2. Election misconduct in the second degree is an 4 14 aggravated misdemeanor. 4 15 Sec. 4. NEW SECTION. 39A.4 ELECTION MISCONDUCT IN THE 4 16 THIRD DEGREE. 4 17 1. A person commits the crime of election misconduct in 4 18 the third degree if the person willfully commits any of the 4 19 following acts: 4 20 a. ELECTION DAY ACTS. Any of the following on election 4 21 day: 4 22 (1) Loitering, congregating, electioneering, posting 4 23 signs, treating voters, or soliciting votes, during the 4 24 receiving of the ballots, either on the premises of a polling 4 25 place or within three hundred feet of an outside door of a 4 26 building affording access to a room where the polls are held, 4 27 or of an outside door of a building affording access to a 4 28 hallway, corridor, stairway, or other means of reaching the 4 29 room where the polls are held. This subparagraph does not 4 30 apply to the posting of signs on private property not a 4 31 polling place, except that the placement of a sign that is 4 32 more than ninety square inches in size on a motor vehicle, 4 33 trailer, or semitrailer, or its attachment to a motor vehicle, 4 34 trailer, or semitrailer parked on public property within three 4 35 hundred feet of a polling place is prohibited. 5 1 (2) Interrupting, hindering, or opposing a voter while in 5 2 or approaching the polling place for the purpose of voting. 5 3 (3) As a voter, submitting a false statement as to the 5 4 voter's ability to mark a ballot. 5 5 (4) Interfering or attempting to interfere with a voter 5 6 when the voter is inside the enclosed voting space, or when 5 7 the voter is marking a ballot. 5 8 (5) Endeavoring to induce a voter to show how the voter 5 9 marks or has marked a ballot. 5 10 (6) Marking, or causing in any manner to be marked, on a 5 11 ballot, any character for the purpose of identifying such 5 12 ballot. 5 13 b. ACTIONS BY ELECTION OFFICIAL. As an election official: 5 14 (1) Serving as a member of a challenging committee or 5 15 observer under section 49.104, subsection 2, 5, or 6, while 5 16 serving as a precinct election official at the polls. 5 17 (2) Failing to perform duties prescribed by chapters 39 5 18 through 53, or performing those duties in such a way as to 5 19 hinder the object of the law. 5 20 (3) Disclosing the manner in which a person's ballot has 5 21 been voted to anyone except as ordered by a court. 5 22 (4) Failing to carry out a duty with regard to access 5 23 under chapter 22 to a public record that relates to an 5 24 election or voter registration. 5 25 (5) Furnishing a voter with a ballot other than the proper 5 26 ballot to be used at an election. 5 27 (6) Making or consenting to a false entry on the list of 5 28 voters or poll books. 5 29 (7) Placing or permitting another election official to 5 30 place anything other than a ballot into a ballot box as 5 31 provided in section 49.85, or permitting a person other than 5 32 an election official to place anything into a ballot box. 5 33 (8) Taking or permitting to be taken out of a ballot box a 5 34 ballot deposited in the ballot box, except in the manner 5 35 prescribed by law. 6 1 (9) Destroying or altering a ballot that has been given to 6 2 a voter. 6 3 (10) Permitting a person to vote in a manner prohibited by 6 4 law. 6 5 (11) Refusing or rejecting the vote of a voter qualified 6 6 to vote. 6 7 (12) Wrongfully acting or refusing to act for the purpose 6 8 of avoiding an election, or of rendering invalid a ballot cast 6 9 from a precinct or other voting district. 6 10 (13) Having been deputized to carry the poll books of an 6 11 election to the place where they are to be canvassed, failing 6 12 to deliver them to such place, safe, with seals unbroken, and 6 13 within the time specified by law. 6 14 c. MISCELLANEOUS OFFENSES. 6 15 (1) As a party committee member or a primary election 6 16 officer or public officer upon whom a duty is imposed by 6 17 chapter 43 or by a statute applicable to chapter 43, 6 18 neglecting to perform any such duty, or performing any such 6 19 duty in such a way as to hinder the object of the statute, or 6 20 by disclosing to anyone, except as may be ordered by a court, 6 21 the manner in which a ballot may have been voted. 6 22 (2) As a person who is designated pursuant to section 43.4 6 23 to report the results of a precinct caucus as it relates to 6 24 the selection and reporting of delegates selected as part of 6 25 the presidential nominating process or who is designated 6 26 pursuant to section 43.4 to tabulate and report the number of 6 27 persons attending the caucus favoring each presidential 6 28 candidate, failing to perform those duties, falsifying the 6 29 information, or omitting information required to be reported 6 30 under section 43.4. 6 31 (3) Making a false answer under chapter 43 relative to a 6 32 person's qualifications and party affiliations. 6 33 (4) Paying, offering to pay, or receiving compensation for 6 34 voter registration assistance in violation of section 48A.25. 6 35 (5) Using voter registration information in violation of 7 1 section 48A.39. 7 2 (6) As a candidate, making a promise to name or appoint 7 3 another person to a position or to secure a position for 7 4 another person in violation of section 49.120. 7 5 (7) Soliciting the use of influence from a candidate in 7 6 violation of section 49.121. 7 7 (8) As a public official or employee, or a person acting 7 8 under color of a public official or employee, knowingly 7 9 requiring a public employee to act in connection with an 7 10 absentee ballot in violation of section 53.7. 7 11 (9) As a person designated by the county commissioner of 7 12 elections or by the voter casting an absentee ballot, failing 7 13 to return an absentee ballot in violation of section 53.35A. 7 14 (10) As an incumbent officeholder of, or a candidate for, 7 15 an office being voted for at the election in progress, serving 7 16 as a member of a challenging committee or observer under 7 17 section 49.104, subsection 2, 5, or 6. 7 18 2. Election misconduct in the third degree is a serious 7 19 misdemeanor. 7 20 Sec. 5. NEW SECTION. 39A.5 ELECTION MISCONDUCT IN THE 7 21 FOURTH DEGREE. 7 22 1. A person commits the crime of election misconduct in 7 23 the fourth degree if the person willfully commits any of the 7 24 following acts: 7 25 a. ELECTION DAY ACTS. 7 26 (1) As an employer, denying an employee the privilege 7 27 conferred by section 49.109, or subjecting an employee to a 7 28 penalty or reduction of wages because of the exercise of that 7 29 privilege. 7 30 (2) Failing or refusing to comply with an order or command 7 31 of an election official made pursuant to chapter 49 for which 7 32 another penalty is not provided. 7 33 (3) Circulating, communicating, or attempting to circulate 7 34 or communicate information with reference to the result of the 7 35 counted ballots or making a compilation of vote subtotals 8 1 before the polls are closed in violation of section 51.11, 8 2 52.40, or 53.23. 8 3 (4) Destroying, defacing, tearing down, or removing a list 8 4 of candidates, card of instruction, or sample ballot posted as 8 5 provided by law prior to the closing of the polls. 8 6 (5) Removing or destroying the supplies or articles 8 7 furnished for the purpose of enabling voters to prepare their 8 8 ballots. 8 9 (6) Violating or attempting to violate any of the 8 10 provisions or requirements of chapter 49 to which another 8 11 penalty does not apply. 8 12 b. MISCELLANEOUS OFFENSES. 8 13 (1) As a public employee, acting in connection with an 8 14 absentee ballot in violation of section 53.7. 8 15 (2) Neglecting or refusing to return an absentee ballot in 8 16 violation of section 53.35, or violating any other provision 8 17 of chapter 53 for which another penalty is not provided. 8 18 (3) Filing a challenge containing false information under 8 19 section 48A.14. 8 20 2. Election misconduct in the fourth degree is a simple 8 21 misdemeanor. 8 22 Sec. 6. NEW SECTION. 39A.6 TECHNICAL INFRACTIONS – 8 23 NOTICE. 8 24 If the state commissioner or county commissioner becomes 8 25 aware of an apparent technical violation of a provision of 8 26 chapters 39 through 53, the state commissioner or county 8 27 commissioner may administratively provide a written notice and 8 28 letter of instruction to the responsible person regarding 8 29 proper compliance procedures. This notice is not a final 8 30 determination of facts or law in the matter, and does not 8 31 entitle a person to a proceeding under chapter 17A. 8 32 Sec. 7. Section 39.3, unnumbered paragraph 1, Code 2001, 8 33 is amended to read as follows: 8 34 The definitions established by this section shall apply 8 35 wherever the terms so defined appear in this chapter and in 9 1 chapters 39A, 43, 44, 45, 47, 48A through 53, and 56 unless 9 2 the context in which any such term is used clearly requires 9 3 otherwise. 9 4 Sec. 8. Section 48A.25, unnumbered paragraph 1, Code 2001, 9 5 is amended to read as follows: 9 6 A person may pay, offer to pay, or accept compensation for 9 7 assisting others in completing voter registration forms only 9 8 if the compensation is based solely on the time spent 9 9 providing the assistance. Paying, offering to pay, or 9 10 receiving compensation based on the number of registration 9 11 forms completed, or the party affiliations shown on completed 9 12 registration forms, or on any other performance criteria, isa9 13serious misdemeanorunlawful. 9 14 Sec. 9. Section 48A.39, Code 2001, is amended to read as 9 15 follows: 9 16 48A.39 USE OF REGISTRATION INFORMATION– PENALTY. 9 17 Information about individual registrants obtained from 9 18 voter registration records shall be used only to request the 9 19 registrant's vote at an election, or for another genuine 9 20 political purpose, or for a bona fide official purpose by an 9 21 elected official, or for bona fide political research, but 9 22 shall not be used for any commercial purposes.A person who9 23uses registration information in violation of this section9 24commits a serious misdemeanor.9 25 Sec. 10. Section 52.40, subsection 4, Code 2001, is 9 26 amended to read as follows: 9 27 4. The tabulation of ballots received from early pick-up 9 28 sites shall be conducted at the counting center during the 9 29 hours the polls are open, in the manner provided in sections 9 30 52.36 and 52.37, except that the room in which the ballots are 9 31 being counted shall not be open to the public during the hours 9 32 in which the polls are open and the room shall be policed so 9 33 as to prevent any person other than those whose presence is 9 34 authorized by this section and sections 52.36 and 52.37 from 9 35 obtaining information about the progress of the count. The 10 1 only persons who may be admitted to that room, as long as 10 2 admission does not impede the progress of the count, are the 10 3 members of the board, one challenger representing each 10 4 political party, one observer representing any nonparty 10 5 political organization or any candidate nominated by petition 10 6 pursuant to chapter 45, and the commissioner or the 10 7 commissioner's designee. No compilation of vote subtotals 10 8 shall be made while the polls are open.Any person who makes10 9a compilation of vote subtotals before the polls are closed10 10commits a simple misdemeanor.It shall be unlawful for any 10 11 person to communicate or attempt to communicate, directly or 10 12 indirectly, information regarding the progress of the count at 10 13 any time before the polls are closed. 10 14 Sec. 11. Section 53.7, subsection 2, Code 2001, is amended 10 15 to read as follows: 10 16 2.AnyIt is unlawful for any public officer or employee, 10 17 or any person acting under color of a public officer or 10 18 employee,whoto knowinglyrequires thatrequire a public 10 19 employee solicit an application or request for an application 10 20 for an absentee ballot, or knowingly requires that an employee 10 21 take an affidavit or request for an affidavit in connection 10 22 with an absentee ballot application, commits a serious10 23misdemeanor. 10 24 Sec. 12. Section 53.35, Code 2001, is amended to read as 10 25 follows: 10 26 53.35 REFUSAL TO RETURN BALLOT. 10 27AnyIt is unlawful for any personwho, having procured an 10 28 official ballot or ballots,shallto willfully neglect or 10 29 refuse to cast or return the same in the manner provided, or10 30who shall willfully violate any provision of this chapter,10 31shall, unless otherwise provided, be guilty of a simple10 32misdemeanor. Any person who applies for a ballot and 10 33 willfully neglects or refuses to return the same shall be 10 34 deemed to have committed an offense in the county to which 10 35 such ballot was returnable. 11 1 Sec. 13. Section 53.35A, Code 2001, is amended to read as 11 2 follows: 11 3 53.35A FAILURE TO RETURN BALLOT – PENALTY. 11 4AnyIt is unlawful for any person designated by the 11 5 commissioner, or by the elector casting the absentee ballot, 11 6 to deliver the sealed envelope containing the absentee ballot, 11 7whoto willfullyfailsfail to return the ballot to the 11 8 commissioner or the commissioner's designee, is guilty of a11 9serious misdemeanor. 11 10 Sec. 14. Section 53.49, Code 2001, is amended to read as 11 11 follows: 11 12 53.49 APPLICABLE TO ARMED FORCES AND OTHER CITIZENS. 11 13 The provisions of this division as to absent voting shall 11 14 apply only to absent voters in the armed forces of the United 11 15 States as defined for the purpose of absentee voting in 11 16 section 53.37. The provisions of sections 53.1to 53.36,11 17 through 53.35 shall apply to all otherqualifiedvoters not 11 18 members of the armed forces of the United States. 11 19 Sec. 15. Sections 43.119, 43.120, 48A.41, 49.107, 49.110, 11 20 49.111, 49.113, 49.119, 51.16, 51.17, 53.36, 722.4, 722.5, and 11 21 722.8, Code 2001, are repealed. 11 22 Sec. 16. Section 722.7, Code Supplement 2001, is repealed. 11 23 11 24 11 25 11 26 BRENT SIEGRIST 11 27 Speaker of the House 11 28 11 29 11 30 11 31 MARY E. KRAMER 11 32 President of the Senate 11 33 11 34 I hereby certify that this bill originated in the House and 11 35 is known as House File 2409, Seventy-ninth General Assembly. 12 1 12 2 12 3 12 4 MARGARET THOMSON 12 5 Chief Clerk of the House 12 6 Approved , 2002 12 7 12 8 12 9 12 10 THOMAS J. VILSACK 12 11 Governor
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