Text: S05507 Text: S05509 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2486, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1, the 1 4 following: 1 5 "Section 1. Section 39.3, Code 2001, is amended by 1 6 adding the following new subsections: 1 7 NEW SUBSECTION. 8A. "Overvote" means when a voter 1 8 marks more than the permitted number of choices for an 1 9 office or question. 1 10 NEW SUBSECTION. 17. "Undervote" means when a 1 11 voter marks fewer than the permitted number of choices 1 12 for an office or question." 1 13 #2. Page 7, by inserting before line 28, the 1 14 following: 1 15 "Sec. . Section 43.49, Code 2001, is amended by 1 16 adding the following new subsection: 1 17 NEW SUBSECTION. 4. The number of overvotes and 1 18 undervotes for each office on the ballot. 1 19 Sec. . Section 43.56, unnumbered paragraph 2, 1 20 Code 2001, is amended by striking the unnumbered 1 21 paragraph." 1 22 #3. Page 8, by inserting after line 14, the 1 23 following: 1 24 "Sec. . Section 49.98, Code 2001, is amended by 1 25 striking the section and inserting in lieu thereof the 1 26 following: 1 27 49.98 COUNTING BALLOTS. 1 28 1. Ballots shall be counted according to the 1 29 voters' marks on them as provided in sections 49.92 1 30 through 49.97, this section, and sections 49.98A and 1 31 49.98B. A ballot, or the votes on any part of the 1 32 ballot, shall be counted if the ballot contains a 1 33 clear indication that the voter has made a definite 1 34 choice. A vote for any office or question on a ballot 1 35 shall not be rejected solely because a voter failed to 1 36 follow instructions for marking the ballot. If for 1 37 any reason it is impossible to determine from a 1 38 ballot, as marked, the choice of the voter for any 1 39 office or question, the vote for that office or 1 40 question shall not be counted. Failure to vote for 1 41 any candidate for a particular office or for either 1 42 choice for a question shall not invalidate valid marks 1 43 made on the rest of the ballot. 1 44 2. When ballots are counted by automatic 1 45 tabulating equipment, the vote tabulating devices 1 46 shall be configured to sort out any ballots read as 1 47 blank, or that contain overvotes for one or more 1 48 offices or questions. If the ballots are tabulated at 1 49 the precinct, the voter shall be offered the 1 50 opportunity to review the ballot and correct any 2 1 errors. Absentee ballots counted by automatic 2 2 tabulating equipment and ballots tabulated at a 2 3 counting center established under section 52.34 shall 2 4 be sorted for blank ballots and for overvotes. Blank 2 5 and overvoted ballots shall be given to the resolution 2 6 board and tabulated as required by this section and 2 7 section 52.37. 2 8 3. If a voter uniformly uses a mark other than the 2 9 mark prescribed in the ballot instructions, and does 2 10 not use the prescribed mark anywhere else, and the 2 11 mark the voter uses clearly indicates that the voter 2 12 has made a choice for a candidate or a question on the 2 13 ballot, the voter's marks shall be counted. However, 2 14 no votes shall be counted if the voter's marks 2 15 identify the ballot in violation of section 49.107, 2 16 subsection 7. 2 17 4. A vote for an office or question shall be 2 18 counted if the voter has marked the ballot in a manner 2 19 that will be counted as an overvote by automatic 2 20 tabulating equipment but the voter has indicated in a 2 21 clear fashion that the voter has made a mistake and 2 22 has attempted to correct it, either by an erasure or 2 23 by otherwise indicating which mark is the voter's 2 24 choice, if such indication does not violate section 2 25 49.107, subsection 7. 2 26 Sec. . NEW SECTION. 49.98A COUNTING STRAIGHT 2 27 PARTY OR ORGANIZATION VOTES. 2 28 When a voter has marked a straight party or 2 29 organization target for one political party or 2 30 nonparty political organization, blank voting targets 2 31 under an office shall be counted as votes for that 2 32 party or organization. If the voter has marked any 2 33 voting targets next to any of the following in 2 34 addition to the straight party or organization target, 2 35 those votes shall be counted as marked: 2 36 1. A candidate for a political party or nonparty 2 37 political organization that differs from the straight 2 38 party or organization marked by the voter. 2 39 2. A candidate who is not affiliated with any 2 40 political party. 2 41 3. A write-in line. 2 42 However, if a voter has marked the voting target 2 43 next to the name of more than one political party or 2 44 organization, only votes cast for individual 2 45 candidates shall be counted. 2 46 Sec. . NEW SECTION. 49.98B RULES FOR COUNTING 2 47 BALLOTS. 2 48 The state commissioner of elections shall adopt 2 49 rules to provide guidance for counting votes for each 2 50 type of voting equipment and voting target on ballots 3 1 in use in the state. The rules shall provide specific 3 2 examples of the kinds of errors made by voters and the 3 3 appropriate interpretation based upon the vote 3 4 counting procedures of this chapter. 3 5 Sec. . Section 49.99, Code 2001, is amended to 3 6 read as follows: 3 7 49.99 WRITING NAME ON BALLOT. 3 8 The voter may also write on the line provided for 3 9 write-in votes the name of any person for whom the 3 10 voter desires to vote and mark the voting target 3 11 opposite the name.If the voter is using a voting3 12system other than an electronic voting system, as3 13defined in section 52.1, the writing of theWriting a 3 14 name on the write-in line shall constitute a valid 3 15 vote for the person whose name has been written on the 3 16 ballot without regard to whether the voter has made a 3 17 mark opposite the name.However, whenWhen a write-in 3 18 vote is cast using an electronic voting system, the 3 19 ballot must also be marked in the corresponding space 3 20 in order to be counted. However, precinct election 3 21 officials, resolution boards, and recount boards shall 3 22 count otherwise valid write-in votes cast without the 3 23 mark in the corresponding space. Marking the voting 3 24 target opposite a write-in line without writing a name 3 25 on the line shallnot affect the validity of the3 26remainder of the ballotbe interpreted as no vote for 3 27 that office. 3 28 If a voter writes the name of a person more than 3 29 once in the proper places on a ballot or on a voting 3 30 machine for an office to which more than one person is 3 31 to be elected, all but one of those votes for that 3 32 person for that office are void and shall not be 3 33 counted. If a write-in vote is duplicative of an 3 34 otherwise correctly cast vote for a candidate whose 3 35 name appears on the ballot, the write-in vote shall be 3 36 interpreted as a confirmation of the voter's choice 3 37 and shall be counted as one vote for the candidate. 3 38 The officials tabulating write-in votes shall 3 39 disregard misspellings or variations in names or 3 40 abbreviations for write-in candidates and shall count 3 41 the variations in the form of the name for a single 3 42 person if the officials can determine for whom the 3 43 write-in votes were cast. 3 44 Sec. . Section 50.24, unnumbered paragraph 1, 3 45 Code 2001, is amended to read as follows: 3 46 The county board of supervisors shall meet to 3 47 canvass the vote on the first Monday or Tuesday after 3 48 the day of each election to which this chapter is 3 49 applicable, unless the law authorizing the election 3 50 specifies another date for the canvass. If that 4 1 Monday or Tuesday is a public holiday, section 4.1, 4 2 subsection 34, controls. Upon convening, the board 4 3 shall open and canvass the tally lists and shall 4 4 prepare abstracts stating, in words written at length, 4 5 the number of votes cast in the county, or in that 4 6 portion of the county in which the election was held, 4 7 for each office and on each question on the ballot for 4 8 the election. The board shall contact the chairperson 4 9 of the special precinct board before adjourning and 4 10 include in the canvass any absentee ballots which were 4 11 received after the polls closed in accordance with 4 12 section 53.17 and which were canvassed by the special 4 13 precinct board after election day. The abstract shall 4 14 further indicate the name of each person who received 4 15 votes for each office on the ballot, and the number of 4 16 votes each person named received for that office, and 4 17 the number of votes for and against each question 4 18 submitted to the voters at the election. The votes of 4 19 all write-in candidates who each received less than 4 20 two percent of the votes cast for an office shall be 4 21 reported collectively under the heading "scattering". 4 22 The abstract shall also show the number of overvotes 4 23 and undervotes for each office or question on the 4 24 ballot. 4 25 Sec. . Section 50.48, subsections 1, 2, and 3, 4 26 Code 2001, are amended by striking the subsections and 4 27 inserting in lieu thereof the following: 4 28 1. a. The county board of canvassers shall order 4 29 a recount of the votes cast in all precincts in that 4 30 county for a particular office or nomination if a 4 31 written request for a recount is filed not later than 4 32 five p.m. on the third day following the county 4 33 board's canvass of the election in question. For 4 34 elections for a state or federal office or nomination, 4 35 the request shall be filed with the state commissioner 4 36 of elections. Immediately upon receipt of a request 4 37 for a recount in an election for a state or federal 4 38 office or nomination, the state commissioner shall 4 39 notify the commissioners of all counties in which 4 40 votes were cast for the office or nomination for which 4 41 a recount is requested. For county officers, city 4 42 elections, school elections, and all other elections, 4 43 except those for state or federal office, the request 4 44 shall be filed with each commissioner of each county 4 45 in which votes for that office or nomination were 4 46 cast, or with the commissioner responsible for 4 47 conducting the election if section 47.2, subsection 2, 4 48 is applicable. 4 49 b. A recount may be requested only if the returns 4 50 prepared pursuant to section 50.24 indicate that a 5 1 candidate for an office or nomination was defeated or 5 2 eliminated by one percent or less of the votes cast 5 3 for that office or nomination, or that a political 5 4 party or nonparty political organization did not 5 5 retain or attain political party status by one percent 5 6 or less of the votes required to be eligible for 5 7 political party status. 5 8 c. A recount may be requested by one of the 5 9 following: 5 10 (1) A candidate elected or defeated by one percent 5 11 or less of the votes cast for that office or 5 12 nomination. 5 13 (2) A political party or nonparty political 5 14 organization that did not retain or attain political 5 15 party status by one percent or less of the votes 5 16 required to be eligible for political party status. A 5 17 request by a political party or a political 5 18 organization must be signed by an officer of that 5 19 party or organization or by the political party or 5 20 nonparty political organization candidate for the 5 21 office of president of the United States or governor, 5 22 whichever is applicable. 5 23 2. Immediately upon receipt of a request for a 5 24 recount, the state commissioner or the commissioner 5 25 receiving the written request, as applicable, shall 5 26 send a copy of the request by certified mail to all 5 27 candidates who received votes for the particular 5 28 office or nomination for which a recount is requested. 5 29 In addition, the commissioner shall notify the 5 30 following persons by first-class mail or by telephone: 5 31 a. The chairperson of each state political party, 5 32 if the office or nomination for which a recount is 5 33 requested is a state or federal office. 5 34 b. The county chairperson of each county political 5 35 party, if the office or nomination for which a recount 5 36 is requested is a county office. 5 37 c. An officer of any nonparty political 5 38 organization whose candidate received votes for the 5 39 office or nomination for which a recount is requested. 5 40 3. a. In each county that a recount has been 5 41 requested, the recount shall be conducted by a board 5 42 which shall consist of the following: 5 43 (1) A designee of the candidate who received the 5 44 highest number of votes cast for that office or 5 45 nomination. 5 46 (2) A designee of the candidate who received the 5 47 second highest number of votes cast for that office or 5 48 nomination. 5 49 (3) A designee of the candidate who requested the 5 50 recount, if such candidate is not otherwise allowed to 6 1 designate a board member under subparagraph (1) or 6 2 (2). 6 3 (4) A person chosen jointly by the designees under 6 4 subparagraphs (1) and (2) if subparagraph (3) does not 6 5 apply. 6 6 b. If paragraph "a", subparagraph (3) does not 6 7 apply, the commissioner shall convene the persons 6 8 designated under paragraph "a", subparagraphs (1) and 6 9 (2), not later than nine a.m. on the seventh day 6 10 following the county board's canvass of the election 6 11 in question. If those board members cannot agree on 6 12 another member by eight a.m. on the ninth day 6 13 following the canvass, they shall immediately so 6 14 notify the chief judge of the judicial district in 6 15 which the canvass is occurring, who shall appoint the 6 16 other member not later than five p.m. on the eleventh 6 17 day following the canvass. 6 18 Sec. . Section 50.48, subsection 4, unnumbered 6 19 paragraph 1, Code 2001, is amended to read as follows: 6 20 When all members of the recount board have been 6 21 selected, the board shall undertake and complete the 6 22 required recount as expeditiously as reasonably 6 23 possible. The commissioner or the commissioner's 6 24 designee shall supervise the handling of ballots or 6 25 voting machine documents to ensure that the ballots 6 26 and other documents are protected from alteration or 6 27 damage.The board shall open only the sealed ballot6 28containers from the precincts specified to be6 29recounted in the request or by the recount board.The 6 30 board shall recount only the ballots which were voted 6 31 and counted for the office in question, including any 6 32 disputed ballots returned as required in section 50.5. 6 33 If an electronic tabulating system was used to count 6 34 the ballots, the recount board may request the 6 35 commissioner to retabulate the ballots using the 6 36 electronic tabulating system. The same program used 6 37 for tabulating the votes on election day shall be used 6 38 at the recount unless the program is believed or known 6 39 to be flawed. The board shall recount the ballots in 6 40 accordance with the method for counting ballots set 6 41 forth by statute and by administrative rule. The 6 42 ballots shall be counted according to the voters' 6 43 marks on the ballots as provided in sections 49.92 6 44 through 49.98C and not otherwise. A voter's definite 6 45 choices shall be counted even if the recount board 6 46 determines that the voter's choices differ from the 6 47 manner in which the ballot was counted by the 6 48 automatic tabulating equipment. 6 49 Sec. . Section 50.48, subsection 4, unnumbered 6 50 paragraph 2, Code 2001, is amended by striking the 7 1 unnumbered paragraph. 7 2 Sec. . Section 50.48, subsection 5, Code 2001, 7 3 is amended to read as follows: 7 4 5. If the recountboard's report isboard reports 7 5 that the abstracts prepared pursuant to the county 7 6 board's canvass were incorrect as to the number of 7 7 votes cast for the candidates for the office or 7 8 nomination in question, in that county or district, 7 9 the commissioner shall at once so notify the county 7 10 board. The county board shall reconvene within three 7 11 days after being so notified, and shall correct its 7 12 previous proceedings. 7 13 Sec. . Section 50.49, unnumbered paragraph 4, 7 14 Code 2001, is amended to read as follows: 7 15 The petitioners requesting the recount shall post a 7 16 bondas required by section 50.48, subsection 2. The 7 17 amount of the bond shall be one thousand dollars for a 7 18 public measure appearing on the ballot statewide or 7 19 one hundred dollars for any other public measure. If 7 20 the difference between the affirmative and negative 7 21 votes cast on the public measure is less than the 7 22 greater of fifty votes or one percent of the total 7 23 number of votes cast for and against the question, a 7 24 bond is not required. If votes cast on the question 7 25 were canvassed in more than one county, the abstracts 7 26 prepared by the county boards in all of those counties 7 27 shall be totaled for purposes of this paragraph. If a 7 28 bond is required, it shall be filed with the 7 29 commissioner responsible for conducting the election. 7 30 Sec. . Section 50.49, Code 2001, is amended by 7 31 adding the following new unnumbered paragraphs after 7 32 unnumbered paragraph 5: 7 33 NEW UNNUMBERED PARAGRAPH. After all recount 7 34 proceedings on a public measure are completed and the 7 35 official canvass of votes cast on the measure is 7 36 corrected or completed, if necessary, any bond posted 7 37 under this section shall be returned to the 7 38 petitioners if the outcome of the election on the 7 39 question is different as shown by the corrected or 7 40 completed canvass. In all other cases, the bond shall 7 41 be deposited in the election fund of the county with 7 42 whose commissioner it was filed. 7 43 NEW UNNUMBERED PARAGRAPH. For purposes of this 7 44 section, "public measure" includes judicial retention 7 45 elections held pursuant to section 46.17." 7 46 #4. Title page, by striking line 1, and inserting 7 47 the following: "An Act relating to the election 7 48 process, including information contained on abstracts 7 49 of votes, the definition of a valid vote for purposes 7 50 of canvassing ballots after an election and during a 8 1 recount, the procedures for requesting and conducting 8 2 recounts of votes cast, the procedure for 8 3 congressional". 8 4 #5. By renumbering as necessary. 8 5 8 6 8 7 8 8 MICHAEL E. GRONSTAL 8 9 HF 2486.704 79 8 10 sc/cls
Text: S05507 Text: S05509 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Apr 16 13:27:52 CDT 2002
URL: /DOCS/GA/79GA/Legislation/S/05500/S05508/020412.html
jhf