Text: SF00474                           Text: SF00476
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 475

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 49.68, subsection 3, Code 2001, is
  1  2 amended to read as follows:
  1  3    3.  That unmarked or improperly marked ballots will not be
  1  4 counted.
  1  5    Sec. 2.  Section 49.68, Code 2001, is amended by adding the
  1  6 following new subsection:
  1  7    NEW SUBSECTION.  3A.  That improperly marked ballots will
  1  8 not be counted if it is impossible to determine the voter's
  1  9 intent.
  1 10    Sec. 3.  Section 49.92, Code 2001, is amended to read as
  1 11 follows:
  1 12    49.92  VOTING MARK.
  1 13    The instructions appearing on the ballot shall describe the
  1 14 appropriate mark to be used by the voter.  The mark shall be
  1 15 consistent with the requirements of the voting system in use
  1 16 in the precinct.  The voting mark used on paper ballots may be
  1 17 a cross or check which shall be placed in the voting targets
  1 18 opposite the names of candidates.  If the entire voting target
  1 19 is circled by a voter rather than the voter placing a cross or
  1 20 check inside the target, and no other mark is made on the
  1 21 ballot for any other candidate for that office, the vote for
  1 22 that office shall be counted.  The fact that the voting mark
  1 23 is made by an instrument other than a black lead pencil shall
  1 24 not affect the validity of the ballot unless it appears that
  1 25 the color or nature of the mark is intended to identify the
  1 26 ballot contrary to the intent of section 49.107, subsection 7.
  1 27    Sec. 4.  Section 49.98, Code 2001, is amended to read as
  1 28 follows:
  1 29    49.98  COUNTING BALLOTS.
  1 30    The ballots shall be counted according to the voters' marks
  1 31 on them as provided in sections 49.92 to through 49.97, and
  1 32 not otherwise.  If, for any reason, it is impossible to
  1 33 determine from a ballot, as marked, the choice of the voter
  1 34 for any office, the vote for that office shall not be counted.
  1 35 If at least seventy-five percent of the required mark is made
  2  1 on the ballot for a candidate and no other mark is made on the
  2  2 ballot for any other candidate for that office, the vote for
  2  3 that office shall be counted.  When there is a conflict
  2  4 between a straight party or organization vote for one
  2  5 political party or nonparty political organization and the
  2  6 vote cast by marking the voting target next to the name of a
  2  7 candidate for another political party or nonparty political
  2  8 organization on the ballot, the mark next to the name of the
  2  9 candidate shall be held to control, and the straight party or
  2 10 organization vote in that case shall not apply as to that
  2 11 office.  Any ballot shall be rejected if it is marked in any
  2 12 other manner than authorized in sections 49.92 to through
  2 13 49.97.  A ballot shall be rejected if the voter used a mark to
  2 14 identify the voter's ballot.
  2 15    Sec. 5.  Section 50.48, subsection 4, unnumbered paragraph
  2 16 1, Code 2001, is amended to read as follows:
  2 17    When all members of the recount board have been selected,
  2 18 the board shall undertake and complete the required recount as
  2 19 expeditiously as reasonably possible.  The commissioner or the
  2 20 commissioner's designee shall supervise the handling of
  2 21 ballots or voting machine documents to ensure that the ballots
  2 22 and other documents are protected from alteration or damage.
  2 23 The board shall open only the sealed ballot containers from
  2 24 the precincts specified to be recounted in the request or by
  2 25 the recount board.  The board shall recount only the ballots
  2 26 which were voted and counted for the office in question,
  2 27 including any disputed ballots returned as required in section
  2 28 50.5.  If an electronic tabulating system was used to count
  2 29 the ballots, the recount board may shall request the
  2 30 commissioner to retabulate the ballots using the electronic
  2 31 tabulating system.  The same program used for tabulating the
  2 32 votes on election day shall be used at the recount unless the
  2 33 program is believed or known to be flawed.  The ballots shall
  2 34 be counted according to the voters' marks on them as provided
  2 35 in sections 49.92 through 49.97, and not otherwise.  
  3  1                           EXPLANATION
  3  2    This bill provides that a ballot is properly marked if 75
  3  3 percent or more of the required mark is made on the ballot for
  3  4 a candidate and no other mark was made for any other candidate
  3  5 for that office.  The bill also provides that if the voting
  3  6 target on the paper ballot is circled instead of checked or
  3  7 crossed, the vote for that candidate shall count if no other
  3  8 mark is made for any other candidate for that office.
  3  9    The bill provides that if an electronic tabulating system
  3 10 was used to count votes in an election, the recount of votes
  3 11 shall also be electronically tabulated unless the electronic
  3 12 tabulation system is believed or known to be flawed.  The bill
  3 13 provides that provisions relating to properly marking ballots
  3 14 shall apply in a recount of ballots.  
  3 15 LSB 3121SV 79
  3 16 sc/cf/24
     

Text: SF00474                           Text: SF00476
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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