CHAPTER 21
ELECTION FORMS AND INSTRUCTIONS
[Prior to 7/13/88, see Secretary of State[750], Ch 11]
DIVISION I
GENERAL ADMINISTRATIVE PROCEDURES
721—21.1(47) Emergency election procedures. The state commissioner of elections may exercise emergency powers over any election being held in a district in which either a natural or other disaster or extremely inclement weather has occurred. The state commissioner may also exercise emergency powers during an armed conflict involving United States armed forces, or mobilization of those forces, or if an election contest court finds that there were errors in the conduct of an election making it impossible to determine the result.
	21.1(1) Definitions.
“Commissioner” means the county commissioner of elections.
“Election contest court” means any of the courts specified in Iowa Code sections 57.1, 58.4, 61.1, 62.1 and 376.10.
“Extremely inclement weather” means a natural occurrence, such as a rainstorm, windstorm, ice storm, blizzard, tornado or other weather conditions, which makes travel extremely dangerous or which threatens the public peace, health and safety of the people or which damages and destroys public and private property.
“Natural disaster” means a natural occurrence, such as a fire, flood, blizzard, earthquake, tornado, windstorm, ice storm, or other events, which threatens the public peace, health and safety of the people or which damages and destroys public and private property.
“Other disaster” means an occurrence caused by machines or people, such as fire, hazardous substance or nuclear power plant accident or incident, which threatens the public peace, health and safety of the people or which damages and destroys public and private property.
“State commissioner” means the state commissioner of elections.
	21.1(2) Notice of natural or other disaster or extremely inclement weather. The county commissioner of elections, or the commissioner’s designee, may notify the state commissioner of elections that due to a natural or other disaster or extremely inclement weather an election cannot safely be conducted in the time or place for which the election is scheduled to be held. If the commissioner or the commissioner’s designee is unable to transmit notice of the hazardous conditions, the notice may be given by any elected county official. Verification of the commissioner’s agreement with the severity of the conditions and the danger to the election process shall be transmitted to the state commissioner as soon as possible. Notice may be given by telephone or by facsimile machine, but a signed notice shall also be delivered to the state commissioner.
	21.1(3) Declaration of emergency due to natural or other disaster or extremely inclement weather. After receiving notice of hazardous conditions, the state commissioner of elections, or the state commissioner’s designee, may declare that an emergency exists in the affected precinct or precincts. A copy of the declaration of the emergency shall be provided to the commissioner.
	21.1(4) Emergency modifications to conduct of elections. When the state commissioner of elections has declared that an emergency exists due to a natural or other disaster or to extremely inclement weather, the county commissioner of elections, or the commissioner’s designee, shall consult with the state commissioner to develop a plan to conduct the election under the emergency conditions. All modifications to the usual method for conducting elections shall be approved in advance by the state commissioner unless prior approval is impossible to obtain.
Modifications may be made to the method for conducting the election including relocation of the polling place, postponement of the hour of opening the polls, postponement of the date of the election if no candidates for federal offices are on the ballot, reduction in the number of precinct election officials in nonpartisan elections, or other reasonable and prudent modifications that will permit the election to be conducted.
	21.1(5) Relocation of polling place. The substitute polling place shall be as close as possible to the usual polling place and shall be within the same precinct if possible. Preference shall be given to buildings which are accessible to the elderly and disabled. Buildings supported by taxation shall be made available without charge by the authorities responsible for their administration. If it is necessary, more than one precinct may be located in the same room.
A notice of the location of the substitute polling place shall be posted on the door of the former polling place not later than one hour before the scheduled time for opening the polls or as soon as possible. If it is unsafe or impossible to post the sign on the door of the former polling place, the notice shall be posted in some other visible place at or near the site of the former polling place. If time permits, notice of the relocation of the polling place shall be published in the same newspaper in which notice of election was published, otherwise notice of relocation may be published in any newspaper of general circulation in the political subdivision which will appear on or before election day. The commissioner shall inform all broadcast media and print news organizations serving the jurisdiction of the modifications.
	21.1(6) Postponement of election. An election, other than an election at which a federal office appears on the ballot, may be postponed until the following Tuesday. If the election involves more than one precinct, the postponement must include all precincts within the political subdivision. If the election is postponed, ballots shall not be reprinted to reflect the modification in the election date. The date of the close of voter preregistration by mail for the election shall not be extended. Precinct election registers prepared for the original election date may be used or reprinted at the commissioner’s discretion.
On the day that the postponed election is actually held, all election day procedures must be repeated.
	21.1(7) Absentee voting in postponed elections. Absentee ballots shall be delivered to voters pursuant to Iowa Code section 53.22 until the date the election is actually held. Absentee ballots shall be accepted at the commissioner’s office until the hour the polls close on the date the election is held. Absentee ballots which are postmarked or which bear an Intelligent Mail barcode (IMb) traceable to a date of entry into the federal mail system no later than the day before the election is actually held shall be accepted if received no later than the time prescribed by the Iowa Code for the usual conduct of the election. The time shall be calculated from the date on which the election is held, not the date for which the election was originally scheduled. However, if absentee ballots have been tabulated before the election is postponed, the absentee ballots shall be sealed in an envelope by the absentee and special voters precinct board and stored securely until the date the election is actually held. The sealed envelopes shall be opened by the absentee and special voters precinct board on the date the election is actually held, counters on the tabulating equipment (if any) shall be reset to zero, and all absentee ballots tabulated on the original election date shall be retabulated.
	21.1(8) Absentee and special voters precinct board in postponed elections. The absentee and special voters precinct board shall meet to consider provisional ballots at the times specified in Iowa Code sections 50.22 and 52.23, calculated from the date the election is held. No absentee ballots shall be counted until the date the election is held.
	21.1(9) Canvass of votes in postponed elections. The canvass of votes shall also be rescheduled for one week after the originally scheduled canvass date.
	21.1(10) Postponements made on election day. If the emergency is declared while the polls are open and the decision is made to postpone the election, each precinct polling place in the political subdivision shall be notified to close its doors and to halt all voting immediately. People present in the polling place who are waiting to vote shall not be given ballots. People who have received and marked their ballots shall deposit them in the ballot box; unmarked ballots may be returned to the precinct election officials.
The precinct election officials shall seal all ballots which were cast before the declaration of the emergency in secure containers. The containers shall be clearly marked as ballots from the postponed election. If it is safe to do so, the ballot containers, election register, and other election supplies shall be transported to the commissioner’s office. The ballots shall be stored in a secure place. If it is unsafe to travel to the commissioner’s office, the chairperson of the precinct election board shall see that the ballots and the election register are securely stored until it is safe to return them to the commissioner. If no contest is pending six months after the canvass for the election is completed, the unopened, sealed ballot containers shall be destroyed.
If automatic tabulating equipment is used, the automatic tabulating equipment shall be closed and sealed without printing the results. Before the date the election is held, the automatic tabulating equipment shall be reset to zero. Documents showing the progress of the count, if any, shall be sealed in an envelope and stored. No one shall reveal the progress of the count. After six months, the sealed envelope containing the vote totals shall be destroyed if no contest is pending.
	21.1(11) Records kept. The state commissioner of elections shall maintain records of each emergency declaration. The records of emergency declarations for federal elections shall be kept for 22 months, and records for all other elections shall be kept for six months following the election. The records shall include the following information:
	a. 	The county in which the emergency occurred.
	b. 	The date and time the emergency declaration was requested.
	c. 	The name and title of the person making the request.
	d. 	Name and date of the election affected.
	e. 	The jurisdiction for which the election is to be conducted (school, city, county, or other).
	f. 	The number of precincts in the jurisdiction.
	g. 	The number of precincts affected by the emergency.
	h. 	The nature of the emergency, i.e., natural or other disaster, or extremely inclement weather.
	i. 	The date or dates of the occurrence of the natural or other disaster or extremely inclement weather.
	j. 	Conditions affecting the conduct of the election.
	k. 	Whether the polling places may safely be opened on time.
	l. 	Action taken: such as moving the polling place, change voting system, postpone election until the following Tuesday.
	m. 	Method to be used to inform the public of changes made in the election procedure.
	n. 	The signature of the state commissioner or the state commissioner’s designee who was responsible for declaring the emergency.
	21.1(12) Federal elections.
	a. 	If an emergency occurs that will adversely affect the conduct of an election at which candidates for federal office will appear on the ballot, the election shall not be postponed or delayed. Emergency measures shall be limited to relocation of polling places, modification of the method of voting, reduction of the number of precinct election officials at a precinct and other modifications of prescribed election procedures which will enable the election to be conducted on the date and during the hours required by law.
The primary election held in June of even-numbered years and the general election held in November of even-numbered years shall not be postponed. Special elections called by the governor pursuant to Iowa Code section 69.14 shall not be postponed unless no federal office appears on the ballot.
	b. 	If a federal or state court order extends the time established for closing the polls pursuant to Iowa Code section 49.73, any person who votes after the statutory hour for closing the polls shall vote only by casting a provisional ballot pursuant to Iowa Code section 49.81. Provisional ballots cast after the statutory hour for closing the polls shall be sealed in a separate envelope from provisional ballots cast during the statutory polling hours. The absentee and special voters precinct board shall tabulate and report the results of the two sets of provisional ballots separately.
	21.1(13) Military emergencies. A voter who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, “Absent Voting by Armed Forces,” may return an absentee ballot via electronic transmission only if the voter is located in an area designated by the U.S. Department of Defense to be an imminent danger pay area or if the voter is an active member of the army, navy, marine corps, merchant marine, coast guard, air force or Iowa national guard and is located outside the United States or any of its territories. Procedures for the return of absentee ballots by electronic transmission are described in subrule 21.320(4).
	21.1(14) Election contest emergency. If an election contest court finds that there were errors in the conduct of an election which make it impossible to determine the result of the election, the contest court shall notify the state commissioner of elections of its finding. The state commissioner shall order a repeat election to be held. The repeat election date shall be set by the state commissioner. The repeat election shall be conducted under the state commissioner’s supervision.
The repeat election shall be held at the earliest possible time, but it shall not be held earlier than 14 days after the date the election was set aside. Voter registration, publication, equipment testing and other applicable deadlines shall be calculated from the date of the repeat election.
The repeat election shall be conducted under the same procedures required for the election that was set aside, except that all known errors in preparation and procedure shall be corrected. The nominations from the initial election shall be used in the repeat election unless the contest court specifically rejects the initial nomination process in its findings. Precinct election officials for the repeat election may be replaced at the discretion of the auditor.
The following materials prepared for the original election shall be used or reconstructed for the repeat election:
Ballots (showing the date of repeat election). This may be stamped on ballots printed for the original election.
Notice of election (showing the date of repeat election).
This rule is intended to implement Iowa Code section 47.1.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 9989B, IAB 2/8/12, effective 1/17/12; ARC 2663C, IAB 8/3/16, effective 8/1/16]
721—21.2(47) Electronic submission of absentee ballot applications and affidavits of candidacy. Absentee ballot applications and affidavits of candidacy may be submitted electronically using either fax or E-mail.
	21.2(1) Electronic copies of absentee ballot applications and affidavits of candidacy accepted for filing. Assuming that all other legal requirements are met, absentee ballot applications and affidavits of candidacy required by Iowa Code chapters 43, 44, 45, 161A, 260C, 277, 376 and 420 may be submitted electronically by either fax or E-mail if presented to the appropriate filing officer as an exact copy of the original and if the submission is in compliance with subrule 21.2(2).
	21.2(2) Original absentee ballot applications. The original absentee ballot application submitted electronically shall also be mailed or delivered to the commissioner. If mailed, the envelope bearing the original absentee ballot application shall be postmarked not later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. This subrule shall not apply to documents submitted electronically by UOCAVA voters pursuant to rule 721—21.320(53).
	a. 	The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the original absentee ballot application which was filed electronically is not received by the time the polls close on election day.
	b. 	The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the postmark or Intelligent Mail barcode (IMb) on the envelope containing the original absentee ballot application is either illegible or later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested.
	21.2(3) Original affidavits of candidacy. The original copy of an affidavit of candidacy submitted electronically shall also be filed with the appropriate commissioner. The envelope bearing the original affidavit (if any) shall be postmarked not later than the last day to file the document.
	a. 	The filing shall be void if the original affidavit of candidacy filed electronically is not received within seven days after the filing deadline for the original affidavit of candidacy.
	b. 	The filing shall be void if the postmark on the envelope containing the original affidavit of candidacy is later than the filing deadline.
	c. 	If an affidavit of candidacy filing is voided because the original affidavit of candidacy submitted by facsimile machine was postmarked too late or arrives too late, the person who filed the document shall be notified immediately in writing.
This rule is intended to implement Iowa Code sections 43.11, 43.19, 43.54, 43.67, 43.78, 44.3, 45.3, 45.4, 46.20, 47.1, 47.2, 53.2, 53.8, 53.17, 53.22, 53.25, 53.40, 53.45, 61.3, 161A.5, 260C.15, 277.4, 376.4, 376.11 and 420.130.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 9879B, IAB 11/30/11, effective 1/4/12; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 2663C, IAB 8/3/16, effective 8/1/16; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.3(49,48A) Voter identification documents.
	21.3(1) Identification documents for persons other than election day registrants.
	a. 	Unless the person is registering to vote at the polls on election day, precinct election officials shall accept the identification documents listed in Iowa Code section 48A.8 and 2017 Iowa Acts, House File 516, section 27, from any person who is asked or required to present identification pursuant to Iowa Code section 49.77.
	b. 	Current and valid identification. “Current and valid” or “identification,” for persons other than election day registrants, means identification that meets the following criteria:
	(1)	Iowa driver’s licenses and nonoperator’s identification cards used to establish identity pursuant to 2017 Iowa Acts, House File 516, section 27, shall be accepted up to 90 days after the expiration date listed on the license. It is still acceptable on the ninetieth day. An Iowa nonoperator’s identification card that does not expire shall be considered current and valid.
	(2)	Veterans and military identification cards that do not contain an expiration date or that do not expire and voter identification cards issued pursuant to 2017 Iowa Acts, House File 516, section 18, shall be considered current and valid.
	(3)	For registration pursuant to Iowa Code section 48A.8, the proof of residence must be dated, or describe terms of residency current to, within 45 days prior to submission.
	(4)	All other forms of identification used to establish identity pursuant to 2017 Iowa Acts, House File 516, section 27, shall not be expired. An identification is still valid on the expiration date.
	c. 	A current and valid identification may include a former address, when used for identification purposes only.
	21.3(2) Identification for election day registrants.
	a. 	A person who applies to register to vote on election day shall provide proof of identity and residence pursuant to Iowa Code section 48A.7A and 2017 Iowa Acts, House File 516, section 27, in the precinct where the person is applying to register and vote.
	b. 	Any registered voter who attests for another person registering to vote at the polls on election day shall meet the requirements in Iowa Code section 48A.7A. The registered voter may be a precinct election official or a pollwatcher, but may not attest for more than one person applying to register at the same election.
	c. 	Current and valid identification. “Current and valid” or “identification,” for the purposes of election day registration, means identification that meets the following criteria:
	(1)	The expiration date on the identification card has not passed. An identification is still valid on the expiration date. An Iowa nonoperator’s identification card that does not expire shall be considered current and valid.
	(2)	Veterans and military identification cards that do not contain an expiration date or that do not expire and voter identification cards issued pursuant to 2017 Iowa Acts, House File 516, section 18, shall be considered current and valid.
	d. 	A current and valid identification may include a former address, when used for identification purposes only.
	21.3(3) Proof of residence standards for all voters. Any person required to present proof of residence pursuant to Iowa Code sections 48A.7A and 48A.8 shall provide documentation that meets the following requirements:
	a. 	The proof of residence document must be listed in Iowa Code section 48A.7A or 48A.8.
	b. 	The document must be current within 45 days of election day, unless otherwise provided by law.
	c. 	A residential lease’s stated term must include election day.
	d. 	Property tax statements are current within 45 days of March 31 or the final payment date, if the final payment date is stated in the document.
	21.3(4) Identification not provided. After January 1, 2019, a person who is required to provide identification and does not provide it shall vote only by provisional ballot pursuant to Iowa Code section 49.81. However, a person who is registering to vote on election day pursuant to Iowa Code section 48A.7A may establish identity and residency in the precinct by written oath of a person who is registered to vote in the precinct. A registered voter may only attest for one election day registrant.
	21.3(5) Attesting to identity by signing oath. A person who cannot show proof of identity at the polls may swear to the oath appearing in 2017 Iowa Acts, House File 516, section 27(8). This provision is repealed effective January 1, 2019.
	21.3(6) Determination of identity and residency. Proof of identity and residence of persons offering to vote is presumed valid unless the precinct election official determines the proof offered does not match the voter. In determining whether a person offering to vote is eligible under Iowa Code section 48A.7A and Iowa Code chapter 49, precinct election officials shall consider all of the information presented by the person offering to vote prior to determining that the person is not eligible. The following are factors that shall be considered by precinct election officials in making the determination:
	a. 	Changes to the voter’s physical appearance or signature,
	b. 	Time elapsed since the proof was generated, subject to the Iowa Code sections that govern the validity and expiration timelines of the proof,
	c. 	Other documentation allowable under Iowa Code chapter 48A to prove the facts in question.
	21.3(7) Post-election day proof of identity or residency. As of January 1, 2019, a person required to cast a provisional ballot under this rule may submit proof of identity or residence after election day. The proof must be received by the commissioner not later than 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, it must be received by the commissioner before the canvass for that election by the board of supervisors. Defects may be cured through the use of documentation as permitted under Iowa Code section 48A.7A or 2017 Iowa Acts, House File 516, section 27. If such defects are cured, the voter’s ballot shall be counted.
This rule is intended to implement Iowa Code sections 48A.7A and 49.77, 2017 Iowa Acts, House File 516, section 27, and the Help America Vote Act.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.4(49) Changes of address at the polls. An Iowa voter who has moved from one precinct to another in the county where the person is registered to vote may report a change of address at the polls on election day.
	21.4(1) To qualify to vote in the election being held that day, the voter shall:
	a. 	Go to the polling place for the precinct where the voter lives on election day.
	b. 	Complete a registration form showing the person’s current address in the precinct.
	c. 	Present proof of residence and identity as required by subrules 21.3(1) through 21.3(4).
	21.4(2) The officials shall require a person who is reporting a change of address at the polls to cast a provisional ballot if the person’s registration in the county cannot be confirmed. Registration may be confirmed by:
	a. 	Telephoning the office of the county commissioner of elections, or
	b. 	Reviewing a printed list of all registered voters who are qualified to vote in the county for the election being held that day, or
	c. 	Researching the county’s voter registration records using a computer.
	21.4(3) In precincts where the voter’s declaration of eligibility is included in the election register pursuant to rule 721—21.5(49) and Iowa Code section 49.77, the commissioner shall provide to each precinct one of the two following methods for recording changes of address:
	a. 	The voter shall be given both an eligibility declaration and a voter registration form. The eligibility declaration may be printed on the same piece of paper as the voter registration form.
	b. 	The commissioner shall provide blank lines on the election register for the precinct election officials to record the voter’s name, address, and, if provided, telephone number, and, in primary elections, political party affiliation. The voter shall sign the election register next to the printed information. The voter shall also complete a voter registration form showing the voter’s current address.
This rule is intended to implement Iowa Code section 49.77.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.5(49) Eligibility declarations in the election register. To compensate for the absence of a separate declaration of eligibility form, the commissioner shall provide to each precinct a voter roster with space for each person who appears at the precinct to vote to print the following information: first and last name, address, date of birth, and, at the voter’s option, telephone number, and, in primary elections, political party affiliation.
The roster forms shall include the name and date of the election and the name of the precinct, and may be provided on paper that makes carbonless copies. If a multicopy form is used, the commissioner shall retain the original copy of the voter roster with other records of the election.
This rule is intended to implement Iowa Code section 49.77.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.6(43,50) Turnout reports. Rescinded IAB 6/2/10, effective 7/1/10.
721—21.7(48A) Election day registration. In addition to complying with the identification provisions in rule 721—21.3(49,48A), precinct election officials shall comply with the following requirements:
	21.7(1) Precinct election officials shall inspect the identification documents presented by election day registrants to verify the following:
	a. 	The photograph shows the person who is registering to vote, and the document has not expired.
	b. 	The name on the identification document is the same as the name of the applicant.
	c. 	The address on the proof of residence document is in the precinct where the person is registering to vote and is current within 45 days.
	21.7(2) Precinct election officials shall verify that each person who attempts to attest to the identity and residence of a person who is registering to vote on election day is a registered voter in the precinct and has not attested for any other voter in the election. The officials shall note in the election register that the person has attested for an election day registrant.
	21.7(3) Precinct election officials shall permit any person who is in line to vote at the time the polls close to register and vote on election day if the person otherwise meets all of the election day registration requirements.
	21.7(4) In precincts where an electronic program is not used to check the name of an election day registrant against the statewide list of felons who have had their right to vote revoked, the voter shall be required to cast a provisional ballot. The voter shall be allowed to present evidence of the person’s right to vote until 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, the evidence must be received by the commissioner before the canvass for that election by the board of supervisors. Precinct election officials shall provide each election day registrant with a “Notice to Election Day Registrants” prepared by the state commissioner before allowing the voter to register and vote on election day. The “Notice to Election Day Registrants” prepared by the state commissioner will be posted on the state commissioner’s Web site.
This rule is intended to implement Iowa Code section 48A.7A.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8777B, IAB 6/2/10, effective 5/7/10; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.8(48A) Notice to election day registrant. The commissioner shall send to each person who registers to vote on election day, pursuant to Iowa Code section 48A.7A, an acknowledgment of the registration by nonforwardable mail. If the postal service returns the acknowledgment as undeliverable, the commissioner shall send a notice to the voter by forwardable mail. The notice shall be substantially in the form titled “Notice to Election Day Registrant” posted on the state commissioner’s Web site.
This rule is intended to implement Iowa Code sections 48A.7A and 48A.26A.
[ARC 8045B, IAB 8/26/09, effective 7/27/09]
721—21.9(49) “Vote here” signs.
	1.	Size. The signs shall be no smaller than 16 inches by 24 inches.
	2.	Exceptions. If a driveway leads away from the entrance to the voting area, or if the driveway is located in such a way that posting a “vote here” sign at the driveway entrance would not help potential voters find the voting area, no “vote here” sign shall be posted at the entrance to that driveway.
This rule is intended to implement Iowa Code section 49.21.
721—21.10(43) Application for status as a political party. A political organization which is not currently qualified as a political party may file an application for determination of political party status with the state commissioner of elections. The application may be filed after the completion of the executive council’s canvass of votes for the general election, but not later than one year after the date of the election at which the organization’s candidate for President of the United States or governor received at least 2 percent of the vote.
	21.10(1) Application form. The application shall be substantially in the form titled “Application for Political Party Status” posted on the state commissioner’s Web site.
	21.10(2) Response. If the political organization meets the requirements established in Iowa Code section 43.2, the commissioner shall declare that the organization has qualified as a political party, effective 21 days after the application is approved. If the organization does not meet the requirements, the state commissioner shall immediately notify the applicant in writing of the reason for the rejection of the application.
	21.10(3) Disqualification of political party. If at the close of nominations for the general election a political party has not nominated a candidate for the office of President of the United States, or for governor, as the case may be, the political party shall be disqualified immediately.
If the candidate of a political party for President of the United States or for governor, as the case may be, does not receive 2 percent of the votes cast for that office at a general election, the political party shall be disqualified. The effective date of the disqualification shall be the date of the completion of the state canvass of votes.
When a political party is disqualified, the state commissioner shall immediately notify the chairperson or central committee of the disqualified political party.
	21.10(4) Notice of qualification and disqualification of political parties. The state commissioner of elections shall immediately notify the state registrar of voters, the voter registration commission, and the county commissioners of elections when a political party is qualified or disqualified. The notice shall include the name of the political party and the date upon which change in political party status becomes effective.
The state commissioner of elections shall also publish notice of the qualification or disqualification of a political party in a newspaper of general circulation in each congressional district. The publication shall be made within 30 days of the approval of an application for qualification or within 30 days of the effective date of a disqualification.
This rule is intended to implement Iowa Code sections 43.2 and 47.1.
[ARC 8045B, IAB 8/26/09, effective 7/27/09]
721—21.11(49) Statement to provisional voter. Each voter who is required to vote a provisional ballot at the polls on election day shall be given a statement from the precinct election officials which shall be in substantially the following form:
Statement to Person Casting a Provisional Ballot
(To be completed by Precinct Official and given to Voter)
Voter’s Name: 	
Reason for Provisional Ballot (check all that apply):
□ Voter did not have proper identification (see “What you need to provide” below)
□ Absentee voter with no ballot to surrender
□ Voter was challenged by another registered voter
	Reason: 	
What you need to provide before your ballot will count:
□ Photo ID that has not expired and contains your name and picture
□ One of the following that has not expired: Iowa driver’s license, out-of-state driver’s license, 	non-driver ID, U.S. passport, U.S. military ID, ID card issued by an employer, student ID issued by 	Iowa high school or college
□ One of the following showing your name and current address: bank statement, paycheck, utility bill, 	property tax statement, residential lease, government check, or other government document
Deadline: __________________a.m./p.m., ____________________________ (date)
Mail or Deliver Evidence to: _________________________________________, County Auditor
County Auditor Address: 	
	
If proof of ID or residence is required, your provisional ballot may be counted if you bring a copy of the identification listed above to this precinct before the polls close today or to the county auditor at the above address by the deadline indicated above. If your ballot is not counted, you will be notified by mail of the reason why it was not counted.
Your right to vote will be reviewed by the Special Precinct Board. You have the right and are encouraged to make a written statement and submit additional written evidence to the Board supporting your qualifications as a registered voter.
______________________________________________ __________________
Precinct Election Official’s Signature 	Date
This rule is intended to implement Iowa Code section 49.81.
[ARC 9989B, IAB 2/8/12, effective 1/17/12]
721—21.12(47,53) Absentee ballot receipt deadline when the United States post office is closed on the deadline for receipt of absentee ballots. When the United States post office is closed in observance of a federal holiday and is not delivering mail on the deadline for receipt of absentee ballots as set forth in Iowa Code section 53.17, the deadline to receive mailed absentee ballots that are determined to have entered the federal mail system timely, as indicated by the postmark or Intelligent Mail barcode (IMb) Tracing, shall move to the next business day on which mail delivery is available.
This rule is intended to implement Iowa Code sections 47.1 and 47.4 and sections 53.17 and 52.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 15.
[ARC 0266C, IAB 8/8/12, effective 9/12/12; ARC 2663C, IAB 8/3/16, effective 8/1/16]
721—21.13(47,50) Canvass date adjustment when the United States post office is closed on the deadline for receipt of absentee ballots.
	21.13(1) When the United States post office is closed on a Monday that is also the deadline for receipt of absentee ballots, the county board of canvassers may hold the canvass on the Tuesday or Wednesday following the election.
	21.13(2) When the United States post office is closed on a Thursday that is also the deadline for receipt of absentee ballots, the county board of canvassers shall hold the canvass on the Friday after the election, no earlier than 1 p.m.
This rule is intended to implement Iowa Code sections 47.1, 47.4 and 50.24.
[ARC 0266C, IAB 8/8/12, effective 9/12/12]
721—21.14(53) Intelligent Mail barcode (IMb) Tracing. A commissioner may choose to use Intelligent Mail barcode (IMb) Tracing (IMb Tracing) to determine when an absentee ballot has entered into the federal mail system as an alternative to a traditional postmark verification.
	21.14(1) Notice to state commissioner of elections required.
	a. 	Prior to a commissioner’s implementation of IMb Tracing for an election, notice must be sent to the state commissioner.
	b. 	A commissioner may not implement or discontinue the use of IMb Tracing while an election is open once absentee ballots have been mailed pursuant to Iowa Code section 53.8.
	c. 	The state commissioner may issue a waiver to paragraph “b” if a commissioner’s ability to use IMb Tracing is impacted by issues beyond the commissioner’s control.
	21.14(2) Determining the eligibility of IMb-marked absentee ballots.  An absentee ballot shall be counted once it is determined that the absentee ballot arrived in the federal mail system by the deadline specified in Iowa Code chapter 53. The absentee ballot’s entry into the federal mail system may be verified either by a postmark or by information obtained through IMb Tracing. For absentee ballots received after election day, but before the official canvass:
	a. 	If the postmark or IMb Tracing information indicates that an absentee ballot was received by the deadline specified in Iowa Code chapter 53, the ballot shall be included for canvass by the absentee and special voters precinct board (board).
	b. 	If the postmark is illegible, missing, or dated on or after election day, the commissioner shall attempt to verify the absentee ballot’s entry into the federal mail system by using the IMb Tracing information for the ballot. The commissioner shall provide all of the materials to the board.
	c. 	If there is a date discrepancy between the postmark and the IMb, the earlier of the two shall determine whether or not the absentee ballot can be counted.
	d. 	If neither the postmark nor the IMb indicate that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53, the absentee ballot shall not be counted.
	e. 	The information provided by the commissioner to the board must contain the numeric value assigned to the IMb barcode and a full report from the United States Postal Service.
	f. 	A board member from each political party for partisan elections or two members from the board for nonpartisan elections shall review the IMb Tracing information provided by the commissioner and shall certify the information by initialing the envelope and report.
	g. 	If the board concludes that the IMb Tracing information verifies that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53, the absentee ballot shall be counted.
	21.14(3) Report to the state commissioner. A commissioner who makes use of IMb Tracing shall file a report with the state commissioner for each general election no later than the first day of December following each general election. The report shall be on a form prescribed by the state commissioner.
This rule is intended to implement Iowa Code sections 53.17 and 53.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 15.
[ARC 2663C, IAB 8/3/16, effective 8/1/16]
721—21.15(49) Proof of residence or identification after casting provisional ballot. If a voter casts a provisional ballot pursuant to Iowa Code section 49.81 or 2017 Iowa Acts, House File 516, section 27, the voter must offer the required proof of residency or identification to vote in the polling place before the polls close on election day, or to the commissioner’s office in order for the ballot to be counted. The proof must be received by the commissioner not later than 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, the proof must be received by the commissioner before the canvass for that election by the board of supervisors.
This rule is intended to implement 2017 Iowa Acts, House File 516, section 27, and Iowa Code section 49.81 as amended by 2017 Iowa Acts, House File 516.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.16 to 21.19  Reserved.
721—21.20(62) Election contest costs. In determining the amount of the bond for election contests, the commissioner shall consider the following aspects of the cost of the election contest proceedings:
	1.	Fees as provided in Iowa Code section 62.22.
	2.	Fees for judges as provided in Iowa Code section 62.23.
	3.	The cost of making an official record of the proceedings.
721—21.21(62) Limitations. The amount of the bond shall not include costs not directly related to the contest court proceedings. Specifically, the amount of the bond shall not be intended to replace any potential lost income to the county caused by the delay in implementing the decision of the voters at the election being contested.
Rules 721—21.20(62) and 721—21.21(62) are intended to implement Iowa Code sections 62.6, 62.22, 62.23, and 62.24.
721—21.22(49) Photocopied ballot procedures. If it is necessary for ballots to be photocopied pursuant to Iowa Code section 49.67, the commissioner shall use the “Request for Additional Ballots” form posted on the state commissioner’s Web site to record the request and resolution thereof. The commissioner shall complete the form, including the reason additional ballots are needed; who made the request for additional ballots and what time the request was made; the number of additional ballots produced; the manner of production of the additional ballots, including location of production; and the commissioner’s signature.
This rule is intended to implement Iowa Code section 49.67.
[ARC 9989B, IAB 2/8/12, effective 1/17/12]
721—21.23 and 21.24  Reserved.
721—21.25(50) Administrative recounts. When the commissioner suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, the commissioner may request an administrative recount after the day of the election but not later than three days after the canvass of votes. The request shall be made in writing to the board of supervisors explaining the nature of the problem and listing the precincts to be recounted and which offices and questions shall be included in the administrative recount. The board of supervisors shall respond as soon as possible after receipt of the commissioner’s request.
The recount shall be conducted by members of the absentee and special voters precinct board following the provisions of Iowa Code sections 50.48 and 50.49 and 721—Chapter 26. The commissioner may use different memory cards for the recount and shall retain the information on the memory cards used in the election pursuant to 721—subrule 22.51(13). The commissioner may also use different election definition files if the commissioner believes the original election definition files were flawed. If the commissioner uses different election definition files for the recount, the commissioner shall also retain the election definition files for the election as required by 721—subrule 22.51(14).
This rule is intended to implement Iowa Code section 50.50.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.26 to 21.29  Reserved.
721—21.30(49) Inclusion of annexed territory in city reprecincting and redistricting plans. If a city has annexed territory after January 1 of a year ending in zero and before the completion of the redrawing of precinct and ward boundaries during a year ending in one, the city shall include the annexed land in precincts drawn pursuant to Iowa Code sections 49.3 and 49.5.
	21.30(1) When the city council draws precinct and ward boundaries, if any, the city shall use the population of the annexed territory as certified by the city to the state treasurer pursuant to Iowa Code section 312.3(4).
	21.30(2) When the board of supervisors, or the temporary county redistricting commission, draws precinct and county supervisor district boundaries, if any, it shall subtract from the population of the adjacent unincorporated area the population of the annexed territory as certified by the city to the state treasurer pursuant to Iowa Code section 312.3(4).
	21.30(3) The use of population figures for reprecincting or redistricting shall not affect the official population of the city or the county. Only the U.S. Bureau of the Census may adjust the official population figures, by corrections or by conducting special censuses. See Iowa Code section 9F.6.
This rule is intended to implement Iowa Code sections 49.3 and 49.5.
721—21.31(275) School director district maximum allowable deviation between director districts. Each director district shall have a population that exceeds the population of any other director district by no more than 10 percent. Director district plans with variations in excess of 10 percent between two or more districts shall be accompanied by justification for the deviation and shall be rejected by the secretary of state unless the deviation is necessary to comply with one of the other standards enumerated in Iowa Code section 275.23A.
This rule is intended to implement Iowa Code section 275.23A.
[ARC 9559B, IAB 6/15/11, effective 5/23/11; ARC 9891B, IAB 11/30/11, effective 1/4/12]
721—21.32(372) City ward maximum allowable deviation between city wards. Each city ward shall have a population that exceeds the population of any other city ward by no more than 10 percent. City ward plans with variations in excess of 10 percent between two or more wards shall be accompanied by justification for the deviation and shall be rejected by the secretary of state unless the deviation is necessary to comply with one of the other standards enumerated in Iowa Code section 372.13, subsection 7.
This rule is intended to implement Iowa Code section 372.13.
[ARC 9559B, IAB 6/15/11, effective 5/23/11; ARC 9891B, IAB 11/30/11, effective 1/4/12]
721—21.33(49) Redistricting special election blackout period. A special election shall not be held on the three Tuesdays preceding and following January 15 of years ending in the number two.
This rule is intended to implement Iowa Code chapter 49.
[ARC 9893B, IAB 11/30/11, effective 11/9/11]
721—21.34 to 21.49  Reserved.
721—21.50(49) Polling place accessibility standards.
	21.50(1) Inspection required. Before any building may be designated for use as a polling place, the county commissioner of elections or the commissioner’s designee shall inspect the building to determine whether it is accessible to persons with disabilities.
	21.50(2) Frequency of inspection. Polling places that have been inspected using the Polling Place Accessibility Survey Form prescribed in subrule 21.50(4) shall be reinspected if structural changes are made to the building or if the location of the polling place inside the building is changed.
	21.50(3) Review of accessibility. Not less than 90 days before each primary election, the commissioner shall determine whether each polling place needs to be reinspected.
	21.50(4) Standards for determining polling place accessibility. The survey form available on the state commissioner’s Web site titled “Polling Place Accessibility Survey” shall be used to evaluate polling places for accessibility to persons with disabilities.
The term “off-street parking” used in the polling place accessibility survey means parking places in lots separated from the street and includes angle parking along the street if the accessible route from the parking place to the polling place is entirely out of the path of traffic. Parking arrangements that require either the driver or passengers of the vehicle to go into the traveled part of the street are not accessible.
An access aisle at street level that is at least 60 inches wide and the same length as each accessible parking space shall be provided. An accessible public sidewalk curb ramp shall connect the access aisle to the continuous passage to the polling place. At least one parking place shall be van-accessible with a 96-inch access aisle connected to the continuous passage to the polling place by an accessible public sidewalk curb ramp. Two accessible parking spaces may share a common access aisle.
	21.50(5) Temporary waiver of accessibility requirements. Notwithstanding the waiver provisions of 721—Chapter 10, if the county commissioner is unable to provide an accessible polling place for any precinct, the commissioner shall apply for a temporary waiver of accessibility requirements pursuant to this subrule. Applications shall be filed with the secretary of state not later than 60 days before the date of any scheduled election. If a waiver is granted, it shall be valid for two years from the date of approval by the secretary of state.
	a. 	Each application shall include the following documents:
	(1)	Application for Temporary Waiver of Accessibility Requirements.
	(2)	A copy of the Polling Place Accessibility Survey Form for the polling place to be used.
	(3)	A copy of the Polling Place Accessibility Survey Form for any other buildings that were surveyed and rejected as possible polling place sites for the precinct.
	b. 	If an accessible place becomes available at least 30 days before an election, the commissioner shall change polling places and shall notify the secretary of state. The notice shall include a copy of the Polling Place Accessibility Survey Form for the new polling place.
	21.50(6) Emergency waivers. During the 60 days preceding an election, if a polling place becomes unavailable for use due to fire, flood, or changes made to the building, or for other reasons, the commissioner must apply for an emergency waiver of accessibility requirements in order to move the polling place to an inaccessible building. Emergency waiver applications must be filed with the secretary of state as soon as possible before election day. To apply for an emergency waiver, the commissioner shall send the following documents:
	a. 	Application for Temporary Waiver of Accessibility Requirements.
	b. 	A copy of the Polling Place Accessibility Survey Form for the polling place selected.
	c. 	A copy of the Polling Place Accessibility Survey Form for any other buildings that were surveyed and rejected as possible polling place sites for this precinct (if any).
	21.50(7) Application form. The form posted on the state commissioner’s Web site titled “Temporary Waiver of Accessibility Requirements” shall be used to apply for a temporary waiver of accessibility requirements.
	21.50(8) Evaluation of waivers. When the secretary of state receives waiver applications, the applications shall be reviewed carefully. A response shall be sent to the commissioner within one week by E-mail or by fax to notify the commissioner when the waiver request was received and whether additional information is needed.
	21.50(9) Granting waivers. If the secretary of state determines from the documents filed with the waiver request that conditions justify the use of a polling place that does not meet accessibility standards, the secretary of state shall grant the waiver of accessibility requirements. If the secretary of state determines from the documents filed with the waiver request that all potential polling places have been surveyed and no accessible place is available, and the available building cannot be made temporarily accessible, the waiver shall be granted.
	21.50(10) Notice required. Each notice of election published pursuant to Iowa Code section 49.53 shall clearly describe which polling places are inaccessible. The notice shall include a description of the services available to persons with disabilities who live in precincts with inaccessible polling places. The notice shall be in substantially the following form:
Any voter who is physically unable to enter a polling place has the right to vote in the voter’s vehicle. For further information, please contact the county auditor’s office at the telephone number or E-mail address listed below:
Telephone: _______________ E-mail address: _______________.
For TTY access, dial 711 + [auditor’s office number].
	21.50(11) Denial of waiver requests. The secretary of state shall review each waiver request. The secretary of state shall consider the totality of the circumstances as shown by the information on the waiver request, information contained in previous applications for waivers for the same precinct and for other precincts in the county, and other relevant available information. The waiver request may be denied if it appears that the commissioner has not made a good-faith effort to find an accessible polling place. If the waiver request is denied, the secretary of state shall notify the commissioner in writing of the reason for denying the request.
This rule is intended to implement Iowa Code section 49.21.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 9879B, IAB 11/30/11, effective 1/4/12]
721—21.51  Reserved.
721—21.52(48A) Request for new voter identification card.
	21.52(1) If a voter’s identification card is lost or damaged, the registered voter may request a new card in person at the commissioner’s office by showing identification, or by a written, signed request to the commissioner’s office. Upon receiving the request, the commissioner shall print and mail a new voter identification card.
	21.52(2) If the voter appears in person but does not have the correct form of identification, the commissioner shall verify the voter’s identity by asking the voter to provide at least two of the following personal facts:
	a. 	Date of birth;
	b. 	Last four digits of the voter’s social security number (if the number is stored within I-Voters);
	c. 	Driver’s license or nonoperator’s identification card number (if the number is stored within I-Voters);
	d. 	Address;
	e. 	Middle name;
	f. 	Voter verification number pursuant to Iowa Code section 53.2(4).
Upon the successful verification of the voter, the commissioner shall issue a new copy of the voter identification card over the counter. If the voter is unable to respond correctly to at least two of the questions in this subrule, the commissioner shall not issue a copy of the voter identification to the voter.
This rule is intended to implement 2017 Iowa Acts, House File 516, section 18.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.53 to 21.74  Reserved.
721—21.75(49) Voting centers for certain elections. The commissioner may establish voting centers for the regular city election, city primary election, city runoff election, regular school election, and special elections.
	21.75(1) Definition.
“Voting center” means a location established by the commissioner for the purpose of providing ballots to all registered voters who are qualified to vote in a particular jurisdiction for a regular city election, city primary election, city runoff election, regular school election, or special election.
	21.75(2) Minimum requirements.
	a. 	Establishment. One or more voting centers may be established in lieu of precinct polling places for the elections at which the use of voting centers is permitted. Regular polling place sites that are accessible to people with disabilities may be used as voting centers for any election at which the use of voting centers is permitted. Other suitable locations may also be used.
	b. 	Location of voting centers. If voting centers are established for an election, at least one voting center must be located within the boundaries of the political subdivision for which the election is being conducted. At the commissioner’s discretion, additional vote centers may be established as long as the voting center is located within the boundaries of the political subdivision for which the election is being conducted.
	c. 	Accessibility. A voting center is subject to the requirements of Iowa Code section 49.21 relating to accessibility to persons who are elderly and persons with disabilities and relating to the posting of signs.
	21.75(3) Hours. Voting center hours shall be the same as permitted for an election pursuant to Iowa Code section 49.73.
	21.75(4) Publications. The location of each voting center shall be published in the notice of election by the commissioner in the same manner as the location of polling places is required to be published. The notice of election shall also include a description of the voting center in substantially the following form:
For the ____________ election to be held on [date], voting centers will be available. Any registered voter of [jurisdiction name] may vote at any of the following places in this election:
[List addresses of voting centers.]
	21.75(5) Posting notices at regular polling places on election day. If voting centers are established in lieu of regular polling places for an election, the commissioner shall post a notice of voting center locations, not later than the hour at which the polls open on the day of the election, on each door to the usual polling place in the precinct. The notice shall remain posted until the polls have closed.
	21.75(6) I-Voters use prohibited. The commissioner shall not provide direct access from voting centers to the I-Voters system on election day.
	21.75(7) Determining ballot rotations. For the purposes of determining ballot rotations pursuant to Iowa Code section 49.31 in an election for which the commissioner has established voting centers, the commissioner may use either precincts established pursuant to Iowa Code sections 49.3 to 49.5 or consolidated precincts established pursuant to Iowa Code section 49.11, subsection 3, paragraph “a.” If the commissioner uses consolidated precincts established pursuant to Iowa Code section 49.11, subsection 3, paragraph “a,” the commissioner shall use the same consolidated precincts used in the last regularly scheduled election conducted for the political subdivision in which voting centers were not used.
	21.75(8) Operation of voting centers.
	a. 	Election registers and voter lists. Each voting center shall have an election register containing the names, addresses and voter statuses of all registered voters who are eligible to vote in that election. The election register may be a paper list or may be available on computers in an electronic format, rather than as an interactive connection to I-Voters.
	b. 	Election day registration at voting centers. A person who needs to register to vote may register and vote at a voting center provided that the person has appropriate identification and is a resident of the jurisdiction served by the voting center.
	c. 	Voters reporting address changes at voting centers. Any person who is already registered in the county and updates the person’s voter registration address at a voting center shall show identification listed in Iowa Code section 48A.8. Persons unable to provide requested identification shall be offered a provisional ballot pursuant to Iowa Code section 49.81.
	d. 	Ballots. Each voting center shall have all ballot styles necessary to provide a ballot to any voter who is eligible to vote in the election for the jurisdiction served by the voting center.
	e. 	Precinct election officials. Voting centers shall be administered by a minimum of three precinct election officials selected pursuant to Iowa Code sections 49.12 to 49.16. These officials shall be trained before each election and shall have specific instructions regarding the differences between voting centers and polling places.
	f. 	Ballot boxes used with optical scan voting equipment at voting centers. The commissioner may instruct two precinct election officials not of the same political party to open the ballot box periodically throughout election day to ensure the ballots are stacking evenly in the ballot box to prevent a voting equipment malfunction. The precinct election officials charged with inspecting the ballot box shall ensure the ballot box is locked and secured at all times. As an alternative to this procedure, the commissioner may supply any voting center with additional ballot boxes and the precinct election officials may move the optical scan voting equipment to a new ballot box if necessary. All ballot boxes containing voted ballots shall be locked and secured by the precinct election officials at all times.
	21.75(9) Postelection review of voter participation.
	a. 	Within 45 days after the election, the commissioner shall review the signed declarations of eligibility or the signed election registers from each voting center, and if any person is found to have voted in more than one voting center in the election, the commissioner shall immediately notify the county attorney.
	b. 	The notice to the county attorney shall include a copy of the person’s voter registration record and copies of the declarations of eligibility signed by the voter. The notice shall also include a reference to Iowa Code sections 39A.2(2) and 49.11(3)“b.”
This rule is intended to implement Iowa Code sections 49.9 and 49.11.
[ARC 8045B, IAB 8/26/09, effective 7/27/09]
721—21.76(48A) Electronic poll book training for poll workers. The state commissioner shall create and maintain training materials for poll workers relating to voter identification and the use of electronic poll books. The training materials shall be available from the state commissioner’s Web site.
This rule is intended to implement Iowa Code section 48A.7A as amended by 2017 Iowa Acts, House File 516, section 16.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.77(49) Photographing ballots. A voter may not use a photographic device to display a voted ballot if doing so interferes with other voters or the orderly operation of the polling location or violates any part of Iowa Code chapter 39A. The display shall only include the voter and the voter’s ballot.
“Interferes,” for purposes of this rule, means loitering, congregating, interrupting, or hindering a voter from approaching the poll booth for the purpose of voting, or while the voter is inside the enclosed voting space when marking a ballot.
This rule is intended to implement Iowa Code section 49.88 as amended by 2017 Iowa Acts, House File 516, section 38.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.78 to 21.99  Reserved.
721—21.100(39A,47) Complaints concerning violations of Iowa Code chapters 39 through 53. Rescinded ARC 0616C, IAB 2/20/13, effective 3/27/13.
721—21.101(47) State commissioner’s review of complaints. Upon receiving credible information that a commissioner may have violated a provision in Iowa Code chapters 39 through 52, the state commissioner shall require the commissioner to provide more information, or certification that the commissioner complied with the relevant law. The determination of credibility is solely at the discretion of the state commissioner. The state commissioner may require a complaining party to provide more information. The state commissioner may reject anonymous complaints without any additional inquiry. If it appears that the complaint originated from the commissioner’s office, the state commissioner shall consult with the attorney general before proceeding.
If the state commissioner determines that a commissioner has not sufficiently responded to the inquiry, the state commissioner may issue a notice of infraction pursuant to Iowa Code chapter 39A, or refer the matter to the appropriate law enforcement agency, or both.
This rule is intended to implement Iowa Code section 47.1 as amended by 2017 Iowa Acts, House File 516, section 41.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.102(49) Commissioner’s filings and notifications to state commissioner.
	21.102(1) The commissioner shall certify to the state commissioner that all relevant election laws and requirements were followed as required by Iowa law. A form for the certification shall be published to the state commissioner’s Web site, pursuant to 2017 Iowa Acts, House File 516, section 41.
	21.102(2) The commissioner shall report each suspected incidence of election misconduct to the state commissioner regardless of proximity to any election, pursuant to 2017 Iowa Acts, House File 516, section 41(4). The commissioner shall provide to the state commissioner all updates as they are received by the commissioner from law enforcement.
This rule is intended to implement 2017 Iowa Acts, House File 516, section 41.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.103 to 21.199  Reserved.
DIVISION II
BALLOT PREPARATION
721—21.200(49) Constitutional amendments and public measures.
	21.200(1) The order of placement on the ballot for constitutional amendments and statewide public measures to be voted upon at a single election shall be determined by the state commissioner, and a number shall be assigned to each constitutional amendment or statewide public measure by the state commissioner.
	a. 	The number assigned by the state commissioner to each constitutional amendment or statewide public measure to appear on the ballot for a single election shall be printed on the ballot immediately preceding and above the words “Shall the following amendment to the Constitution (or public measure) be adopted?” or the words “Shall there be a Convention to revise the Constitution, and propose amendment or amendments to same?”
	b. 	The number assigned by the state commissioner shall be printed on the ballot at least 1/8 of an inch high in the designated place.
	c. 	Even if only one constitutional amendment or statewide public measure is to appear on a ballot to be voted upon at a single election, an identifying number shall be assigned by the state commissioner and shall be printed on the ballot in the prescribed manner.
	21.200(2) The order of placement on the ballot for each local public measure to be voted upon at a single election shall be determined by the commissioner, and a letter shall be assigned to each local public measure by the commissioner.
	a. 	The letter assigned by the commissioner shall be printed on the ballot at least ⅛ of an inch high in the designated place.
	b. 	Even if only one public measure is to appear on a ballot to be voted upon at a single election, an identifying letter shall be assigned by the commissioner and shall be printed on the ballot in the prescribed manner.
	21.200(3) The words describing proposed constitutional amendments and statewide public measures when they appear on the ballot shall be determined by the state commissioner. The state commissioner shall select the words describing the proposed constitutional amendments and statewide public measures in the following manner:
	a. 	Not less than 150 days prior to the election at which a proposed constitutional amendment or statewide public measure is to be voted on by the voters, the state commissioner shall prepare a proposed description to be used on the ballots in administrative rule form and shall file the proposed rules with the administrative rules coordinator for publication in the Iowa Administrative Bulletin.
	b. 	The rules shall provide that written comments regarding the proposed description will be accepted by the state commissioner for a period of time not less than 20 days after the date of publication in the Iowa Administrative Bulletin.
	c. 	The state commissioner shall review any written comments which have been timely received and make any changes deemed to be warranted in the description to be printed on the ballots.
This rule is intended to implement Iowa Code sections 47.1 and 49.44.
[ARC 8045B, IAB 8/26/09, effective 7/27/09]
721—21.201(44) Competing nominations by nonparty political organizations.
	21.201(1) Nominations by convention and by petitions. If one or more nomination petitions are received from nonparty political organization candidates for an office for which the same organization has also nominated one candidate by convention, the candidate nominated by convention shall be considered the nominee of the organization. The names of the other candidates shall appear on the ballot as candidates “nominated by petition,” and those candidates shall be notified in writing not later than seven days after the close of the filing period.
	21.201(2) Multiple nomination petitions. If nomination petitions are received from more than one candidate from the same nonparty political organization for the same office and the organization has not nominated a candidate for the office by convention, the name of each of these candidates shall be written on a separate piece of paper, all of which shall be as nearly uniform in size and material as possible and placed in a receptacle so that the names cannot be seen. On the next working day following the close of the nomination period, all affected candidates shall be notified of the time and place of the drawing. The candidates shall be invited to attend or to send a representative. In the presence of witnesses, the state commissioner of elections or the county commissioner, as appropriate, or a designee of the state or county commissioner, shall publicly draw one of the names; and that person shall be declared to be the nominee of the nonparty political organization. The names of the other candidates shall appear on the ballot as candidates “nominated by petition.” A copy of the written record of the result of the drawing shall be kept with the nomination petition of each affected candidate, and each candidate shall be sent a copy for the candidate’s records not later than seven days after the close of the filing period.
	21.201(3) Multiple nomination certificates. If more than one nomination certificate is received for the same office from groups with the same nonparty political organization name, the name of each of these candidates shall be written on a separate piece of paper, all of which shall be as nearly uniform in size and material as possible and placed in a receptacle so that the names cannot be seen. On the next working day following the close of the nomination period, all affected candidates shall be notified of the time and place of the drawing. The candidates shall be invited to attend or to send a representative. In the presence of witnesses, the state commissioner of elections or the county commissioner, as appropriate, or a designee of the state or county commissioner, shall publicly draw one of the names; and that person shall be declared to be the nominee of the nonparty political organization. The names of the other candidates, including any candidate who filed nomination petitions, shall appear on the ballot as candidates “nominated by petition.” A copy of the written record of the result of the drawing shall be kept with the nomination certificate of each affected candidate, and each candidate shall be sent a copy for the candidate’s records not later than seven days after the close of the filing period.
This rule is intended to implement Iowa Code section 44.17.
721—21.202(43,52) Form of primary election ballot. All primary election ballots shall meet the following formatting requirements:
	21.202(1) Required information. In addition to other requirements listed in the Iowa Code, primary election ballots shall also include the following information:
	a. 	The name of the election.
	b. 	The name of the party, which shall be printed at the top of the ballot in at least 24-point type.
	c. 	The name of the county.
	d. 	Instructions for how to mark the ballot.
	21.202(2) Headings and lines. Rescinded IAB 9/8/10, effective 8/16/10.
	21.202(3) Office titles and order of offices. Each office printed on the ballot shall be preceded by an office title. The order of offices on the primary election ballot shall be as follows:
	a. 	In gubernatorial election years, the order of office titles on the primary election ballot shall be listed as follows:
	(1)	U.S. Senator (if any).
	(2)	U.S. Representative, District ___.
	(3)	Governor.
	(4)	Secretary of State.
	(5)	Auditor of State.
	(6)	Treasurer of State.
	(7)	Secretary of Agriculture.
	(8)	Attorney General.
	(9)	State Senator, district ___ (if any).
	(10)	State Representative, District ___.
	(11)	Board of Supervisors (if plan II or plan III, then Board of Supervisors, District ___).
	(12)	Treasurer.
	(13)	Recorder.
	(14)	County Attorney.
	b. 	In presidential election years, the order of office titles on the primary election ballot shall be listed as follows:
	(1)	U.S. Senator (if any).
	(2)	U.S. Representative, District ___.
	(3)	State Senator, District ___ (if any).
	(4)	State Representative, District ___.
	(5)	Board of Supervisors (if plan II or plan III, then Board of Supervisors, District ___).
	(6)	Auditor.
	(7)	Sheriff.
	c. 	If an office is printed on the primary election ballot followed by the words “To Fill Vacancy,” that office shall be listed after the other offices under the appropriate heading. If the office followed by the words “To Fill Vacancy” is the board of supervisors, that office shall appear after the other board of supervisors office(s).
	21.202(4) Vote for number. Under each office title, the number of choices a voter may make in the race shall be printed in the following form: “Vote for no more than ___.” The number of choices the voter may make for each race is the number of individuals to be elected to the office at the general election.
	21.202(5) Write-in vote targets. After the candidates’ names for each office (if any), a target shall be placed next to a line for voters to write in a nominee for the office. The number of write-in targets and lines printed under each office shall match the vote for number referenced in subrule 21.202(4). Under each write-in line, the following words shall be printed: “Write-in vote, if any.”
	21.202(6) Font size. Candidates’ names shall be printed in upper and lower case letters, and the font size shall be no less than 10-point type.
	21.202(7) Two-sided ballots. If a primary election ballot must be printed on two sides, the words “Turn the ballot over” shall be printed on both sides of the ballot, at the bottom.
This rule is intended to implement Iowa Code section 43.31.
[ARC 8698B, IAB 4/21/10, effective 6/15/10; ARC 9049B, IAB 9/8/10, effective 8/16/10; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.203(49,52) Form of general election ballot. All general election ballots shall meet the following formatting requirements:
	21.203(1) Required information. In addition to other requirements listed in the Iowa Code, general election ballots shall also include the following information:
	a. 	The name of the election.
	b. 	The name of the county.
	c. 	Instructions for how to mark the ballot, including instructions for voting on judicial retentions and constitutional amendments or public measures.
	d. 	Ballot location of the judges’ names and any constitutional amendment(s).
	21.203(2) Headings and lines. Rescinded IAB 9/8/10, effective 8/16/10.
	21.203(3) Office titles, order of offices and public measures. Each office printed on the ballot shall be preceded by an office title. The order of offices and public measures listed on the general election ballot shall be as follows:
	a. 	In gubernatorial election years, the order of office titles and public measures on the general election ballot shall be listed as follows:
	(1)	U.S. Senator (if any).
	(2)	U.S. Representative, District ___.
	(3)	Governor and Lt. Governor.
	(4)	Secretary of State.
	(5)	Auditor of State.
	(6)	Treasurer of State.
	(7)	Secretary of Agriculture.
	(8)	Attorney General.
	(9)	State Senator, District ___ (if any).
	(10)	State Representative, District ___.
	(11)	Board of Supervisors (if plan II or plan III, then Board of Supervisors, District ___).
	(12)	Treasurer.
	(13)	Recorder.
	(14)	County Attorney.
	(15)	Township Trustee (if any).
	(16)	Township Clerk (if any).
	(17)	County Public Hospital Trustee (if any).
	(18)	Soil and Water Conservation District Commissioner.
	(19)	County Agricultural Extension Council Member.
	(20)	Other nonpartisan offices (if any).
	(21)	Supreme Court Justice (if any).
	(22)	Court of Appeals Judge (if any).
	(23)	District Court Judge (if any).
	(24)	District Court Associate Judge (if any).
	(25)	Associate Juvenile Judge (if any).
	(26)	Associate Probate Judge (if any).
	(27)	Public Measures (if any). Under the public measures heading, measures shall be listed in the following order:
	1.	Constitutional Amendment (if any).
	2.	State Public Measure (if any).
	3.	County Public Measure (if any).
	4.	City Public Measure (if any).
	b. 	In presidential election years, the order of office titles on the general election ballot shall be listed as follows:
	(1)	President and Vice President.
	(2)	U.S. Senator (if any).
	(3)	U.S. Representative, District ___.
	(4)	State Senator, District ___ (if any).
	(5)	State Representative, District ___.
	(6)	Board of Supervisors (if plan II or plan III, then Board of Supervisors, district ___).
	(7)	Auditor.
	(8)	Sheriff.
	(9)	Township Trustee (if any).
	(10)	Township Clerk (if any).
	(11)	County Public Hospital Trustee (if any).
	(12)	Soil and Water Conservation District Commissioner.
	(13)	County Agricultural Extension Council Member.
	(14)	Other nonpartisan offices (if any).
	(15)	Supreme Court Justice (if any).
	(16)	Court of Appeals Judge (if any).
	(17)	District Court Judge (if any).
	(18)	District Court Associate Judge (if any).
	(19)	Associate Juvenile Judge (if any).
	(20)	Associate Probate Judge (if any).
	(21)	Public Measures (if any). Under the public measures heading, measures shall be listed in the following order:
	1.	Constitutional Amendment (if any).
	2.	State Public Measure (if any).
	3.	County Public Measure (if any).
	4.	City Public Measure (if any).
	c. 	If an office is printed on the general election ballot followed by the words “To Fill Vacancy,” that office shall be listed after the other offices under the appropriate heading. If the office followed by the words “To Fill Vacancy” is the board of supervisors, that office shall appear after the other board of supervisors office(s).
	21.203(4) Vote for number. Under each office title, the number of choices a voter may make in the race shall be printed in the following form: “Vote for no more than ___”. The number of choices the voter may make for each race is the number of individuals to be elected to the office at the general election. Under the “President and Vice President” office title, “Vote for no more than one team” shall be printed on the ballot. Under the “Governor and Lt. Governor” office title, “Vote for no more than one team” shall be printed on the ballot.
	21.203(5) Write-in vote targets. After the candidates’ names for each office (if any), a target shall be placed next to a line for voters to write in a nominee for the office. The number of write-in targets and lines printed under each office shall match the vote for number referenced in subrule 21.203(4). Under each write-in line, the following words shall be printed: “Write-in vote, if any”. For the offices of President and Vice President, there shall be one write-in target printed to the left of two write-in lines. Under the write-in lines, the commissioner shall print the following: “Write-in vote for President, if any” and “Write-in vote for Vice President, if any”. For the offices of governor and lieutenant governor, there shall be one write-in target printed to the left of two write-in lines. Under the write-in lines, the commissioner shall print the following: “Write-in vote for Governor, if any” and “Write-in vote for Lt. Governor, if any”.
	21.203(6) Font size. Candidates’ names shall be printed in upper and lower case letters, and the font size shall be no less than 10-point type.
	21.203(7) Two-sided ballots. If a general election ballot must be printed on two sides, the words “Turn the ballot over” shall be printed on both sides of the ballot, at the bottom.
	21.203(8) Separate judicial ballot. The judicial ballot shall be separate from the rest of the ballot and shall be conspicuously distinguished by headings and lines.
This rule is intended to implement Iowa Code section 49.57A.
[ARC 8698B, IAB 4/21/10, effective 6/15/10; ARC 9049B, IAB 9/8/10, effective 8/16/10; ARC 0107C, IAB 4/18/12, effective 3/30/12; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.204(260C) Tabulating election results by school district for merged area special elections. All results for merged area special elections, including special precinct results, shall be tabulated by school district. To tabulate the special precinct results in this manner, the county commissioner may either program the voting equipment to tabulate the ballots in this manner or manually sort and tabulate the ballots by school district.
This rule is intended to implement Iowa Code chapter 260C.
[ARC 9879B, IAB 11/30/11, effective 1/4/12]
721—21.205 to 21.299  Reserved.
DIVISION III
ABSENTEE VOTING
721—21.300(53) Satellite absentee voting stations.
	21.300(1) Establishment of stations. Satellite absentee voting stations may be established by the county commissioner of elections or by a petition of eligible electors of the jurisdiction conducting the election.
	a. 	Satellite absentee voting stations established by the county commissioner. The county commissioner of elections may designate locations in the county for satellite absentee voting stations. Satellite absentee voting stations established by the commissioner shall be accessible to elderly and disabled voters. Satellite absentee voting stations must also be established so as to provide for voting in secret and ballot security.
	b. 	Satellite absentee voting stations established after receipt of a valid petition. A petition requesting a satellite absentee voting station shall be substantially in the form titled “Petition Requesting Satellite Absentee Voting Station” available on the state commissioner’s Web site. If the commissioner receives a petition requesting a satellite absentee voting station on or before the petition deadline set forth in Iowa Code section 53.11, the commissioner shall determine the validity of the petition within 24 hours. A petition requesting a satellite absentee voting station is valid if it contains signatures of not less than 100 eligible electors of the jurisdiction conducting the election. Electors signing the petition must include their signature, house number, street, and date the petition was signed. Signatures on lines not containing all of the required information shall not be counted. The heading on each page of the petition shall include the satellite location requested and the election name or date for which the location is requested. Signatures on petition pages without the required heading shall not be counted.
	c. 	Mandatory rejection of certain satellite absentee voting stations. Otherwise valid petitions for satellite absentee voting stations shall be rejected within four days of the commissioner’s receipt of the petition if:
	(1)	The site requested is not accessible to elderly and disabled voters,
	(2)	The site requested has other physical limitations that make it impossible to meet the requirements for ballot security and secret voting, or
	(3)	The owner of the site refuses permission to locate the satellite absentee voting station at the site requested on the petition.
	d. 	Discretionary rejection of certain satellite absentee voting stations. Otherwise valid petitions for satellite absentee voting stations may be rejected within four days of the commissioner’s receipt of the petition if:
	(1)	A petition is received requesting satellite voting for a city runoff election and a special election is scheduled to be held between the regular city election and a city runoff election.
	(2)	The owner of the site demands payment for its use.
	e. 	Provision of ballots. Only ballots from the county in which the site is located may be provided at the satellite absentee voting station. Ballots must be provided for the precinct in which the satellite absentee voting station is located; however, it is not necessary to provide ballots from all of the precincts in the political subdivision for which the election is being conducted.
	21.300(2) Notice provided. Notice shall be published at least seven days before the opening of any satellite absentee voting station. If more than one satellite absentee voting station will be provided, a single publication may be used to notify the public of their availability. If it is not possible to publish the notice at least seven days before the station opens due to the receipt of a petition, the notice shall be published as soon as possible.
A notice shall also be posted at each satellite absentee voting station at least seven days before the opening of the satellite absentee voting station. The notice shall remain posted as long as the satellite absentee voting station is scheduled for service. If it is not possible to post the notice at least seven days before the station opens due to the receipt of a petition, the notice shall be posted as soon as possible.
Both the published and posted notices shall include the following information:
	a. 	The name and date of the election for which ballots will be available.
	b. 	The location(s) of the satellite absentee voting station(s).
	c. 	The dates and times that the station(s) will be open.
	d. 	The precincts for which ballots will be available.
	e. 	An announcement that voter registration forms will be available for new registrations in the county and that changes in the registration records of people who are currently registered within the county may be made at any time.
If the satellite absentee voting station is located in a building with more than one public entrance, brief notices of the location of the satellite absentee voting station shall be posted on building directories, bulletin boards, or doors. These notices shall be posted no later than the time the station opens and shall be removed immediately after the satellite absentee voting station has ceased operation for an election.
	21.300(3) Staff. Satellite absentee voting station workers may be selected from among the staff members of the commissioner’s office, from the election board panel drawn up pursuant to Iowa Code sections 49.15 and 49.16, or a combination of these two sources. Compensation of workers selected from the election board panel shall be at the rate provided in Iowa Code section 49.20.
At least three people shall be assigned to work at each satellite absentee voting station; more workers may be added at the commissioner’s discretion. All workers must be registered voters of the county, and for primary and general elections the workers must be registered with a political party; however, workers not affiliated with any party may be assigned to work at a satellite absentee voting station as long as not more than one-third of the workers assigned to a particular satellite absentee voting station are not affiliated with a political party. For all elections, no more than a simple majority of the workers shall be members of the same political party.
People who are prohibited from working at the polls pursuant to Iowa Code section 49.16 may not work at satellite absentee voting stations.
	21.300(4) Oath required. Before the first day of service at a satellite absentee voting station, each worker shall take an oath substantially in the form titled “Election Official/Clerk Oath” available on the state commissioner’s Web site. The oath must be taken before each election.
	21.300(5) Suggested supplies for each satellite absentee voting station. A list of supplies suggested for each satellite absentee voting station is available on the state commissioner’s Web site.
	21.300(6) Ballot transport and storage. At the commissioner’s discretion the ballots may be transported between the commissioner’s office and the satellite absentee voting station by the workers who will be on duty that day, or by two people of different political parties who have been designated as couriers by the commissioner. It is not necessary for the same people to transport the ballots in both directions.
If the ballots are transported by the satellite absentee voting station workers, two workers who are members of different political parties and the ballots must travel together in the same vehicle.
Ballots may be stored at the satellite absentee voting station during hours when the station is closed only if they are kept in a locked cabinet or container. The cabinet must be located in a room which is kept locked when not in use. Voted absentee ballots must be delivered to the commissioner’s office at least once each week.
	21.300(7) Ballot receipts. Satellite absentee voting station workers shall sign receipts for the ballots taken to the satellite absentee voting site. The receipt shall be substantially in the form titled “Satellite Absentee Voting Station Ballot Record and Receipt” available on the state commissioner’s Web site. A copy of the ballot record and receipt shall be retained in the commissioner’s office. The original shall be sent with the ballots to the satellite absentee voting station.
	21.300(8) Arrangement of the satellite absentee voting station. Protection of the security of the ballots (both voted and unvoted) and the secrecy of each person’s vote shall be considered in the arranging of the satellite absentee voting station.
	a. 	Security. The satellite absentee voting station shall be arranged so that ballots are protected against removal from the station by unauthorized persons.
	b. 	Voting area. Voting booths without curtains shall be placed so that passersby and other voters may not walk directly behind a person using the booth. At least one voting booth must be accessible to the disabled. The booth must be designed to accommodate a person seated in a chair or wheelchair. A chair must be provided for voters who wish to sit down while voting or waiting in line.
	c. 	Campaign signs and electioneering. No signs supporting or opposing any candidate or question on the ballot shall be posted on the premises of or within 300 feet of any outside door of any building affording access to a satellite absentee voting station during the hours when absentee ballots are available at the satellite absentee voting station. No electioneering shall be allowed within the sight or hearing of voters while they are at the satellite absentee voting station.
	21.300(9) Operation of the satellite absentee voting station. At all times the satellite absentee voting station shall have at least two workers present to preserve the security of the ballots, both voted and unvoted.
	21.300(10) Voter registration at the satellite absentee voting station. Each satellite absentee voting station shall provide forms necessary to register voters, including the oaths necessary to process voters registering pursuant to Iowa Code section 48A.7A, and to record changes in voter registration records. Workers shall also be provided with a method of verifying whether people applying for absentee ballots are registered voters.
The commissioner may provide a list of registered voters in the precincts served by the station. The list may be on paper or contained in a computerized data file. As an alternative, the commissioner may provide a computer connection with the commissioner’s office.
	21.300(11) Procedure for issuing absentee ballot. The instructions for absentee voting are available on the state commissioner’s Web site and shall be provided to satellite absentee voting station workers unless the commissioner prepares instructions containing substantially the same information as the instructions available on the state commissioner’s Web site.
	21.300(12) Closing a station. The instructions for closing a satellite absentee voting station are available on the state commissioner’s Web site and shall be provided to satellite absentee voting station workers unless the commissioner prepares instructions containing substantially the same information as the instructions available on the state commissioner’s Web site.
	21.300(13) Use of I-Voters at satellite absentee voting stations. Any county commissioner who wants to use the I-Voters statewide voter registration database at a satellite absentee voting station shall:
	a. 	Complete an application to use I-Voters at a satellite absentee voting station. A separate application shall be completed for each satellite absentee voting station. The application is available on the state commissioner’s Web site. The application shall be submitted at least seven days before the opening of the satellite absentee voting station. If it is not possible to submit an application at least seven days before the station opens due to the receipt of a petition, the application shall be submitted as soon as possible. The application will be considered by the state commissioner as soon as practicable after it is received. The state commissioner reserves the right to reject an application for any reason or to limit the number of users at any satellite absentee voting station.
	b. 	Use a cellular telephone service or a wired Internet connection to connect to the Internet from the satellite absentee voting station. If the county uses a wired Internet connection, the commissioner shall use either a regular or a wireless router between the wired Internet connection and the county’s computers. Connection to a facility’s wireless network is not permitted.
	c. 	Configure any wireless routers to be used between the facility’s wired Internet connection and the county’s laptop computers as follows:
	(1)	A minimum 10-character password must be assigned to the router administration screens.
	(2)	WPA (AES) security for wireless connections with a minimum 10-character password must be used.
	(3)	Remote management of the router must be prohibited.
	(4)	Universal Plug & Play must be turned off.
	(5)	Port forwarding on the router must not be disabled.
	(6)	Unauthorized connections shall be prohibited, including smartphones, personal digital assistants (PDAs) and laptops.
	d. 	Configure any wired routers to be used between the facility’s wired Internet connection and the county’s laptop computers as follows:
	(1)	Remote management of the router must be prohibited.
	(2)	Universal Plug & Play must be turned off.
	(3)	Port forwarding on the router must not be disabled.
	(4)	Unauthorized connections shall be prohibited, including smartphones, PDAs and laptops.
	(5)	Administrator passwords for the routers must be changed from the default passwords, and standard county password policies shall be followed.
	e. 	Laptops used at a satellite absentee voting station shall be configured as follows:
	(1)	The hard drives must be encrypted.
	(2)	The operating system must be fully supported by the operating system vendor.
	(3)	The operating system must be fully patched.
	(4)	Antivirus software and anti-spyware must be installed and up to date.
	(5)	A full antivirus and anti-spyware scan must be done during the week before a laptop is used at a satellite absentee voting station and at least once a week thereafter while the laptop is being used at satellite absentee voting stations.
	(6)	The administrator password must be changed from the default password.
	(7)	Guest user accounts must be disabled or renamed.
	(8)	File/print sharing must be turned off, and remote access must be disabled.
	(9)	Bluetooth must be turned off.
	(10)	The Windows firewall must be turned on.
	f. 	Laptops connected to I-Voters at a satellite absentee voting station shall never be left unattended.
	g. 	Laptops connected to I-Voters at a satellite absentee voting station shall not have any USB memory sticks or CDs/DVDs inserted in the computer after the virus scan is conducted pursuant to subrule 21.300(13), paragraph “e.”
	h. 	Laptops connected to I-Voters at a satellite absentee voting station shall not be used to visit any other Web sites.
	i. 	No software applications, other than I-Voters, shall be used while the I-Voters application is in use at a satellite absentee voting station.
	21.300(14) Provisional voting at satellite absentee voting stations. If it is necessary for a voter to cast a provisional ballot at a satellite absentee voting station, the voter shall receive the same ballot style as the majority of the voters would receive in the precinct in which the satellite absentee voting station is located.
This rule is intended to implement Iowa Code section 53.11.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 9139B, IAB 10/6/10, effective 9/16/10; ARC 9989B, IAB 2/8/12, effective 1/17/12]
721—21.301(53) Absentee ballot requests from voters whose registration records are “inactive.”
	21.301(1) In person. Absentee voters whose registration records are “inactive” and who appear in person to vote, either at the office of the commissioner or at a satellite absentee voting station, shall be assigned a status of “active” after requesting an absentee ballot.
	21.301(2) By mail. When a request for an absentee ballot is received by mail from a voter whose registration record has been made “inactive” pursuant to Iowa Code section 48A.29, the commissioner shall update the voter’s residential address to the address listed on the absentee ballot request if requested by the voter and assign the voter a status of “active.”
	21.301(3) Absentee ballots received from a voter subsequently assigned “inactive” status.
	a. 	The commissioner shall mail an absentee ballot to a voter if a voter’s status is changed to “inactive” between the time the voter requested an absentee ballot and the time the absentee ballots are ready to mail. The commissioner shall also separately notify the voter of the requirement to provide identification and proof of residence before the ballot can be counted pursuant to paragraph 21.301(3)“c.”
	b. 	The commissioner shall set aside the absentee ballot of a voter whose status is changed to “inactive” pursuant to Iowa Code section 48A.26, subsection 6, after the voter has submitted the voter’s absentee ballot.
	c. 	Pursuant to Iowa Code section 53.31, the commissioner shall notify any voter assigned an “inactive” status subsequent to requesting or returning an absentee ballot that the voter’s absentee ballot has been challenged and may be counted only if the voter personally delivers or mails a copy of the voter’s identification and proof of residence as listed in Iowa Code section 48A.8 to the commissioner’s office before the absentee and special voters precinct board convenes to count absentee ballots, or reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22. If the commissioner does not receive a copy of the voter’s identification before the absentee and special voters precinct board reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22, the absentee and special voters precinct board shall reject the absentee ballot.
This rule is intended to implement Iowa Code sections 48A.26, 48A.29, 48A.37 and 53.25.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 9989B, IAB 2/8/12, effective 1/17/12; ARC 1831C, IAB 1/21/15, effective 2/25/15; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.302(48A) In-person absentee registration. After the close of voter registration for an election, a person who appears in person to apply for and vote an absentee ballot may register to vote if the person provides proof of identity and residence in the precinct in which the voter intends to vote using identification that meets the requirements set forth in Iowa Code section 48A.7A. The voter must also complete an oath of person registering on election day. If the voter does not have appropriate identification, the voter may establish identity and residence using the attestation procedure in Iowa Code section 48A.7A, subsection 1, paragraph “c.” Otherwise, the person may cast only a provisional ballot pursuant to Iowa Code section 49.81. Provisional ballot envelopes shall be used.
This rule is intended to implement Iowa Code section 48A.7A.
[ARC 8045B, IAB 8/26/09, effective 7/27/09]
721—21.303(53) Mailing absentee ballots. The commissioner shall mail the following materials to each person who has requested an absentee ballot:
	1.	Ballot. The ballot that corresponds to the voter’s residence, as indicated by the residential address on the absentee ballot application.
	2.	Public measure text. The full text of any public measures that are summarized on the ballot, but not printed in full.
	3.	Secrecy envelope. Secrecy envelope, if the ballot cannot be folded to cover all of the voting ovals, as required by Iowa Code section 53.8(1).
	4.	Affidavit envelope. The affidavit envelope, which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records.
	5.	Return envelope. The return envelope, which shall be addressed to the commissioner’s office and bear appropriate return postage or a postal permit guaranteeing that the commissioner will pay the return postage and which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All domestic and UOCAVA return envelope flaps or backs shall also be printed or stamped with a notice in substantially the following form: “This ballot will only be eligible for counting if it is received by the auditor’s office before the polls close on election day or postmarked before election day and received by the deadline listed in the voting instructions included with this ballot. Postmarks are not guaranteed! Mail the ballot early to make sure it is received on time. Track the status of your absentee ballot at www.sos.iowa.gov.”
	6.	Delivery envelope. The delivery envelope, which shall be addressed to the voter and bear the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All other materials shall be enclosed in the delivery envelope.
	7.	Instructions. Absentee voting instructions, which shall be in the form required by rule 721—22.250(52).
	8.	Receipt. The receipt form required by Iowa Code section 53.3, which may be printed on the instructions required by numbered paragraph “7” above.
This rule is intended to implement Iowa Code sections 53.8 and 53.17.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 0107C, IAB 4/18/12, effective 3/30/12]
721—21.304(53) Absentee ballot requests from voters whose registration records are “pending.” A voter who requests an absentee ballot and is assigned a status of “pending” must provide identification pursuant to Iowa Code section 48A.8.
	21.304(1) In-person applicants. In-person applicants for absentee ballots assigned a status of “pending” must show identification pursuant to Iowa Code section 48A.8 before casting a ballot. If an in-person applicant provides identification as required by Iowa Code section 48A.8 when casting an absentee ballot in person, the commissioner shall assign the voter’s registration record a status of “active” and provide the voter with an absentee ballot. Voters who are unable to provide identification as required by Iowa Code section 48A.8 shall be offered a provisional ballot pursuant to Iowa Code section 49.81.
	21.304(2) By-mail applicants. By-mail applicants for absentee ballots assigned a status of “pending” must either come to the commissioner’s office and show identification pursuant to Iowa Code section 48A.8 or mail a photocopy of identification pursuant to Iowa Code section 48A.8 before the voter’s absentee ballot can be counted by the absentee and special voters precinct board. The commissioner shall mail the voter a notice informing the voter of the requirement to provide one of the identification documents listed in Iowa Code section 48A.8 before the voter’s absentee ballot can be considered for counting by the absentee and special voters precinct board. If a by-mail applicant provides identification as required by Iowa Code section 48A.8, the commissioner shall assign the voter’s registration record a status of “active.”
	21.304(3) By-mail absentee voters assigned a status of “pending” who do not provide identification prior to election day. The ballot of a by-mail absentee voter assigned a status of “pending” who has not shown identification in person at the commissioner’s office or provided a photocopy of identification by mail pursuant to Iowa Code section 48A.8 shall be challenged by a member of the absentee and special voters precinct board on election day pursuant to Iowa Code section 53.31. The absentee and special voters precinct board shall immediately mail notice of the challenge to the voter. The notice shall include the deadline for the voter to provide identification pursuant to Iowa Code section 48A.8. If the voter provides identification pursuant to Iowa Code section 48A.8 prior to the time the absentee and special voters precinct board reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22, the voter’s ballot shall be considered for counting by the absentee and special voters precinct board. If the voter does not provide identification pursuant to Iowa Code section 48A.8 prior to the time the absentee and special voters precinct board reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22, the voter’s absentee ballot shall be rejected by the absentee and special voters precinct board. The voter shall be notified of the reason for rejection pursuant to Iowa Code section 53.25.
This rule is intended to implement Iowa Code sections 48A.8, 53.25 and 53.31.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.305(53) Confirming commissioner’s receipt of an absentee ballot on election day. If a voter’s name is on the absentee list prepared pursuant to Iowa Code sections 49.72 and 53.19 and the voter appears at the polling place to vote on election day, the precinct election officials may contact the commissioner’s office to confirm whether the commissioner has received the voter’s absentee ballot. If the precinct election officials are able to confirm either that the commissioner has not received the voter’s absentee ballot or that the voter’s absentee ballot has been received but cannot be counted due to a defective or incomplete affidavit, the precinct election officials shall permit the voter to cast a regular ballot at the polling place.
After confirming that a voter’s absentee ballot has not been received or that a voter’s absentee ballot has been received but cannot be counted due to a defective or incomplete affidavit, the commissioner shall mark the voter’s absentee ballot as “Void” in the statewide voter registration system. The commissioner shall enter “Voted at polls” in the comment box that appears when the ballot is marked as “Void.”
If a voter’s absentee ballot is returned to the commissioner’s office after being marked as “Void” pursuant to this rule, the absentee ballot shall be rejected by the absentee and special voters precinct board pursuant to Iowa Code section 53.25 because the voter cast a ballot in person at the polling place.
This rule is intended to implement Iowa Code sections 49.72, 49.81 and 53.19.
[ARC 8779B, IAB 6/2/10, effective 7/1/10; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.306(53) Incomplete absentee ballot applications. If the commissioner receives an absentee ballot request lacking any of the information required by 2017 Iowa Acts, House File 516, section 6(4)(a), the commissioner shall obtain the necessary information by the best means available pursuant to 2017 Iowa Acts, House File 516, section 6(4)(a). “Best means available,” for the purposes of this rule, means contacting the voter directly by mail, e-mail, or telephone or in person. Commissioners may not use the voter registration system to obtain the information.
	21.306(1) If the voter does not have current access to the voter identification card, the commissioner shall verify the voter’s identity by asking the voter to provide at least two of the following facts about the voter:
	a. 	Date of birth;
	b. 	Last four digits of the voter’s social security number (if the number is stored within I-Voters);
	c. 	Driver’s license or nonoperator’s identification card number (if the number is stored within I-Voters);
	d. 	Address;
	e. 	Middle name;
	f. 	Voter verification number pursuant to Iowa Code section 53.2(4).
	21.306(2) If an unregistered person offering to vote an absentee ballot pursuant to Iowa Code section 53.10 or 53.11 prior to the pre-registration deadline does not have an Iowa-issued driver’s license, a nonoperator’s identification card, or a voter identification card, the person may satisfy residence and identity requirements in the manner described by 2017 Iowa Acts, House File 516, section 27. This section shall also apply to a registered voter casting a ballot pursuant to Iowa Code section 53.10 or 53.11 who has not yet received a voter verification number.
	21.306(3) This provision shall not apply to the absence of a preferred political party ballot for primaries held pursuant to Iowa Code section 53.2(5).
This rule is intended to implement Iowa Code section 53.2 as amended by 2017 Iowa Acts, House File 516, section 6.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.307(49,53) Updating signatures on file. A registered voter may update the signature on record with the commissioner at any time. A commissioner shall not require a reason from the voter for the change. The state commissioner shall prescribe a form for the signature update. The form must include the voter’s name and the voter’s verification number. The form shall be published on the state commissioner’s Web site. A written request with the required information shall not require the form. Upon receiving the signature update request, the commissioner shall verify the information on the form. If the required information is valid, the commissioner shall scan the form into I-Voters. This action shall be processed as a ministerial update and shall not be processed as a change to the voter registration record. If the registrant is attempting to vote pursuant to Iowa Code section 53.10 or 53.11, the registrant shall provide proof of identity prior to submitting the update.
This rule is intended to implement 2017 Iowa Acts, House File 516, section 27, and Iowa Code section 53.18 as amended by 2017 Iowa Acts, House File 516, section 31.
[ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.308 to 21.319  Reserved.
721—21.320(53) Absentee voting by UOCAVA voters. This rule applies only to absentee voting by persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, “Absent Voting by Armed Forces.”
	21.320(1) Definitions. The following definitions apply to this rule:
“Armed forces,” as used in this rule, is defined in Iowa Code section 53.37(3).
“FPCA” means the federal postcard absentee ballot application and voter registration form authorized for use in Iowa by Iowa Code section 53.38.
“UOCAVA voter” means any person who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, “Absent Voting by Armed Forces.”
	21.320(2) Requests for absentee ballots. All requests for absentee ballots shall be made in writing. Additional requirements for requesting absentee ballots and for processing the requests are set forth below.
	a. 	Forms. UOCAVA voters may use the following official forms to request absentee ballots:
	(1)	A federal postcard absentee ballot application and voter registration form (FPCA).
	(2)	A state of Iowa official absentee ballot request form.
	(3)	For general elections only, a proxy absentee ballot application prescribed by the state commissioner of elections and submitted pursuant to Iowa Code Supplement section 53.40(1)“b.”
	b. 	Form not required. UOCAVA voters may request absentee ballots in writing without using an official form. The written request shall be honored if it includes all of the following information about the voter:
	(1)	Name.
	(2)	Age or date of birth.
	(3)	Iowa residence, including street address (if any) and city.
	(4)	Address to which the ballot shall be sent.
	(5)	Township of residence, if applicable.
	(6)	County of residence.
	(7)	Party affiliation, if the request is for a ballot for a primary election.
	(8)	Signature of voter.
	(9)	Statement explaining why the voter is eligible to receive ballots under the provisions of Iowa Code chapter 53, division II. For example, “I am a U.S. citizen living in France.”
	c. 	Methods for transmitting absentee ballot requests. UOCAVA voters may transmit absentee ballot requests by any of the following methods:
	(1)	Mail.
	(2)	Personal delivery by the voter or a person designated by the voter.
	(3)	Facsimile machine.
	(4)	Scanned application form or letter transmitted by E-mail. Requests by E-mail that do not include an image of the voter’s written signature as defined by Iowa Code section 39.3, subsection 17, shall not be accepted.
	d. 	Original request not needed. If the request is sent by E-mail or by fax, it is not necessary for the UOCAVA voter to send to the commissioner the original copy of the FPCA or other official form or written request for an absentee ballot.
	e. 	Multiple requests from the same person. Before the ballot is ready to mail, if the commissioner receives more than one request for an absentee ballot for a particular election (or series of elections) by or on behalf of a UOCAVA voter, the last request received shall be the one honored. However, if one of the requests is for a general election ballot and is made using the proxy absentee ballot application process permitted by Iowa Code Supplement section 53.40(1)“b,” the request received from the voter shall be the one honored, not the proxy request.
	f. 	Subsequent request after ballot has been sent. Not more than one ballot shall be transmitted by the commissioner to any UOCAVA voter for a particular election unless, after the ballot has been mailed or transmitted electronically pursuant to rule 721—21.320(53), the voter reports a change in the address, E-mail address or fax number to which the ballot should be sent. The commissioner shall void the original absentee ballot request and include a comment in the voter’s registration record, noting the I-Voters-sequence number of the original ballot and noting that a replacement ballot was sent to an updated address. If the original ballot is returned voted, it shall be counted only if the replacement ballot does not arrive before the deadline for receiving absentee ballots set forth in Iowa Code section 53.17.
	g. 	Requests for absentee ballots through the end of the calendar year. Iowa Code section 53.40 permits UOCAVA voters to request the commissioner to send absentee ballots for all elections as permitted by state law. In response to an absentee ballot request in which the UOCAVA voter requests ballots for all elections, the commissioner shall send the applicant a ballot for each election held after the request is received through the end of the calendar year in which the request is received. If the applicant does not request ballots for all elections or does not specify which elections the request is for, the commissioner shall send the applicant a ballot only for federal elections through the end of the calendar year in which the request is received.
	(1)	When an absentee ballot for a UOCAVA voter is returned as undeliverable by the United States Postal Service or an E-mail server or a fax cannot be transmitted to the number provided by the voter, the commissioner shall do the following:
	1.	Verify that the commissioner’s office sent the absentee ballot to the address, E-mail address or fax number requested by the UOCAVA voter. If the absentee ballot was sent incorrectly, the commissioner shall correct the error and immediately transmit a new absentee ballot.
	2.	If the absentee ballot was sent to the correct mailing address, E-mail address or fax number, the commissioner shall E-mail the voter if the commissioner has an E-mail address on file to inform the voter that the voter’s ballot was returned undeliverable, and the commissioner must be provided with a new FPCA containing a new mailing address if the voter wishes to continue to receive absentee ballots.
	3.	If the absentee ballot was sent to the correct mailing address, E-mail address or fax number, the commissioner shall also attempt to contact the voter by sending a forwardable notice to both the voter’s residential address and the voter’s absentee mailing address informing the voter that the voter’s ballot was returned undeliverable, and the commissioner must be provided with a new FPCA containing a new mailing address, E-mail address or fax number if the voter wishes to continue to receive absentee ballots.
	4.	If the absentee ballot was mailed, E-mailed or sent to the correct address or fax number, the commissioner shall terminate the voter’s current FPCA request and shall not send the voter any further ballots unless a new absentee ballot request is received from the voter.
	(2)	If the voter provides a new FPCA with a new mailing address, E-mail address or fax number before election day, the commissioner shall enter a new absentee request on the voter’s registration record and transmit the ballot via the method requested by the voter. The voter may request that the commissioner transmit the ballot electronically pursuant to subrule 21.320(3).
	21.320(3) Electronic transmission of absentee ballots to UOCAVA voters.
	a. 	Electronic transmission of absentee ballots by facsimile machine or by E-mail is limited to UOCAVA voters who specifically ask for this service. A UOCAVA voter who asks for electronic transmission of an absentee ballot may request this service for all elections for which the person is qualified to vote or for specific elections either individually or for a specific period of time. The commissioner may employ FVAP’s secure transmission program to facilitate electronic transmission of absentee ballots to UOCAVA voters.
	b. 	Forms. The state commissioner shall provide the following forms and instructions for the electronic transmission of absentee ballots to UOCAVA voters:
	(1)	Instructions to the county commissioners of elections for providing this service.
	(2)	Instructions to the voter for marking and returning the ballot.
	(3)	The envelope affidavit form, which can be printed by the voter on an envelope and used for the voter’s declaration of eligibility and voter registration application, if necessary.
	(4)	The return envelope form, which can be printed by the voter on an envelope and used to return the ballot, postage paid through the FPO/APO postal service.
	21.320(4) Ballot return by electronic transmission.
	a. 	Electronic transmission of a voted absentee ballot from the voter to the commissioner is permitted only for UOCAVA voters who are located in an area designated as an imminent danger pay area or for active members of the army, navy, marine corps, merchant marine, coast guard, air force or Iowa national guard who are located outside the United States or any of its territories, as provided in subrule 21.1(13). In addition, the absentee ballot may be returned via electronic transmission only if the voter waives the right to a secret ballot. In addition to signing the affidavit required by Iowa Code section 53.13, the voter shall sign a statement in substantially the following form: “I understand that by returning this ballot by electronic transmission, my voted ballot will not be secret. I hereby waive my right to a secret ballot.”
	b. 	When an absentee ballot is received via electronic transmission, the person receiving the transmission shall examine it to determine that all pages have been received and are legible. The person receiving an electronic transmission shall not reveal how the voter voted.
	c. 	The absentee ballot shall be sealed in an envelope marked with the voter’s name. The affidavit of the voter and the application for the ballot shall be attached to the envelope. These materials shall be stored with other returned absentee ballots.
	d. 	The deadline for returning an absentee ballot pursuant to this subrule is the close of polls on election day, Central Standard Time.
	21.320(5) Original signature for voter registration record. Voters must submit original signatures on voter registration applications unless otherwise provided by this subrule.
	a. 	UOCAVA voters ineligible to return voted balloting materials electronically. UOCAVA voters who are not currently registered to vote in a county and are not eligible to return voted ballot materials electronically pursuant to this rule shall submit an original, signed application for voter registration. The application may be the Iowa voter registration application, the National Mail Voter Registration Form, a Federal Post Card Application, a declaration/affirmation accompanying a federal write-in absentee ballot or a signature on a voted UOCAVA absentee ballot affidavit. Ballots transmitted to UOCAVA voters who do not submit an original voter registration application shall not be counted, and the voter who requested the ballot shall be assigned a status of “Incomplete” with a status reason “No Signature” following the election for which the ballot was requested.
	b. 	UOCAVA voters eligible to return voted balloting materials electronically.  UOCAVA voters who are not currently registered to vote and are eligible to return voted ballot materials electronically pursuant to this rule shall submit a signed, scanned application for voter registration. The application may be the Iowa voter registration application, the National Mail Voter Registration Form, a Federal Post Card Application, a declaration/affirmation accompanying a federal write-in absentee ballot or a signature on a voted UOCAVA absentee ballot affidavit. Ballots transmitted to UOCAVA voters who do not submit signed, scanned voter registration applications shall not be counted, and the voter who requested the ballot shall be assigned a status of “Incomplete” with a status reason “No Signature” following the election for which the ballot was requested.
This rule is intended to implement Iowa Code sections 53.40 and 53.46.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8777B, IAB 6/2/10, effective 5/7/10; ARC 9989B, IAB 2/8/12, effective 1/17/12; ARC 0107C, IAB 4/18/12, effective 3/30/12; ARC 1549C, IAB 7/23/14, effective 8/27/14; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.321 to 21.349  Reserved.
721—21.350(53) Absentee ballot processing for elections held following July 1, 2007. Rescinded IAB 9/26/07, effective 9/7/07.
721—21.351(53) Receiving absentee ballots. The commissioner shall carefully account for and protect all absentee ballots returned to the office.
	21.351(1) Note receipt. The commissioner shall write or file-stamp on the return carrier envelope the date that the ballot arrived in the commissioner’s office. The commissioner shall also record receipt of the ballot in I-Voters.
	21.351(2) Temporary storage. If necessary, the commissioner shall immediately put the ballot into a secure container, such as a locked ballot box, until the ballots can be moved to the secure storage area.
	21.351(3) Secure area. The commissioner shall deliver the ballots to a secure area where returned absentee ballots will be reviewed for completeness and defects.
[ARC 8779B, IAB 6/2/10, effective 7/1/10]
721—21.352(53) Review of returned envelopes marked with affidavits.
	21.352(1) Personnel. The commissioner may assign staff members to complete the review of returned envelopes marked with affidavits. Only persons who have been trained for this responsibility shall be authorized to review envelopes marked with affidavits.
	21.352(2) Review of envelopes marked with affidavits. The envelopes marked with affidavits of all absentee ballots returned to the commissioner’s office shall be reviewed, including those returned by the bipartisan team delivering absentee ballots to health care facilities, such as hospitals and nursing homes. If a reviewer finds that any absentee affidavits returned from any health care facility are incomplete or defective, the commissioner shall send the bipartisan delivery team back to assist voters as needed with completing affidavits or to deliver any replacement ballots.
	21.352(3) Instructions. Each reviewer shall receive instructions in substantially the form prepared by the state commissioner of elections. The instructions shall provide basic security and procedural guidance and include a method for accounting for all returned absentee ballots. The prohibitions shall include:
	a. 	Leaving unsecured ballots unattended.
	b. 	Altering any information on any affidavit.
	c. 	Adding any information to any affidavit, except as specifically required to comply with the requirements of the law.
	d. 	Sealing any envelope marked with the affidavit that is found open.
	e. 	Discarding any return carrier envelopes, ballots, or envelopes marked with affidavits that are returned by voters.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8779B, IAB 6/2/10, effective 7/1/10; ARC 1549C, IAB 7/23/14, effective 8/27/14]
721—21.353(53) Opening the return carrier envelopes that are not marked with voters’ affidavits. If the commissioner is using return carrier envelopes that are not marked with voters’ affidavits, the commissioner may direct a staff member to open the return carrier envelopes either manually or with an automatic letter opener, if one is available. Only a trained reviewer may remove the contents of the return carrier envelope. The return carrier envelopes opened and emptied pursuant to this rule shall be stored for 22 months for federal elections and 6 months for local elections in a manner that will facilitate retrieval, if necessary.
[ARC 1549C, IAB 7/23/14, effective 8/27/14]
721—21.354(53) Review process.
	21.354(1) Examination of envelope marked with affidavit. The reviewer shall make sure that:
	a. 	The envelope marked with the affidavit is sealed, apparently with the ballot inside.
	b. 	The envelope marked with the affidavit has not been opened and resealed.
	c. 	The affidavit includes the voter’s signature.
	21.354(2) No defects or incomplete information. If the reviewer finds that the affidavit is signed and that there are no defects that would cause the absentee and special voters precinct board to reject the ballot, the reviewer shall put the envelope marked with the affidavit into a group of envelopes to be retained in the secure storage area with other ballots that require no further attention until they are delivered to the absentee and special voters precinct board.
	21.354(3) Defective and incomplete affidavits. The commissioner shall contact the voter if the reviewer finds any of the following flaws in the affidavit or envelope marked with the affidavit:
	a. 	The commissioner shall contact the voter immediately if the envelope marked with the affidavit is defective. An envelope marked with the affidavit is defective if:
	(1)	The absentee ballot is not enclosed in the envelope marked with the affidavit.
	(2)	The envelope marked with the affidavit is not sealed.
	(3)	The envelope marked with the affidavit has been opened and resealed.
	(4)	The voter submits a change of address in a new precinct after returning a voted absentee ballot.
	b. 	The commissioner shall contact the voter within 24 hours if the affidavit is not signed.
	c. 	If an envelope marked with the affidavit has flaws that are included in both paragraphs “a” and “b,” the commissioner shall follow the process in paragraph “a.”
	21.354(4) Defective and incomplete affidavits stored separately. The commissioner shall store the defective and incomplete envelopes marked with affidavits separately from other returned absentee ballot envelopes marked with affidavits.
	a. 	Incomplete envelopes marked with affidavits requiring voter correction must be available for retrieval when the voter comes to make corrections.
	b. 	Defective envelopes marked with affidavits must be attached to the replacement ballot (if any) for review by the absentee and special voters precinct board.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8779B, IAB 6/2/10, effective 7/1/10; ARC 1549C, IAB 7/23/14, effective 8/27/14]
721—21.355(53) Notice to voter. When the commissioner finds an incomplete absentee ballot affidavit or finds a defective envelope marked with the affidavit, the commissioner shall notify the voter in writing and, if possible, by telephone and by e-mail. The commissioner shall keep a separate checklist for each voter showing the reasons for which the voter was contacted and the methods used to contact the voter.
	21.355(1) Notice to voter—incomplete ballot affidavit. Within 24 hours after receipt of an absentee ballot with an incomplete affidavit, the commissioner shall send a notice to the voter at the address where the voter is registered to vote, as well as to the address where the ballot was sent, if it is a different address. The notice shall include:
	a. 	Explanation that the voter’s absentee ballot affidavit is missing the voter’s signature.
	b. 	The voter’s options for completing the affidavit as follows:
	(1)	Completing the affidavit at the commissioner’s office by 5 p.m.	the day before the election;
	(2)	Requesting a replacement ballot pursuant to Iowa Code section 53.18; or
	(3)	Voting at the polls on election day.
	c. 	Address of commissioner’s office, business hours and contact information.
	21.355(2) Notice to voter—defective ballot affidavit. Immediately after determining that an absentee ballot envelope marked with the affidavit is defective, the commissioner shall send a notice to the voter at the address where the voter is registered to vote, as well as to the address where the ballot was sent, if it is a different address. The notice shall include the following information:
	a. 	Reason for defect.
	b. 	The voter’s options for correcting the defect as follows:
	(1)	The voter may request a replacement ballot;
	(2)	The voter may vote at the polls on election day; or
	(3)	In the event an absentee ballot becomes defective because a voter reregisters to vote in a new precinct or county after casting an absentee ballot, the voter may correct the defect by reregistering to vote in the precinct in which the absentee ballot was cast, provided the voter can still claim residence for voter registration purposes in the precinct in which the absentee ballot was cast pursuant to Iowa Code sections 48A.5 and 48A.5A. If a voter reregisters after the voter registration deadline listed in Iowa Code section 48A.9 for a particular election, the voter shall be required to follow election day registration procedures as set forth in Iowa Code section 48A.7A, subsection 3.
	c. 	Process for requesting a replacement ballot.
	d. 	Address of commissioner’s office, business hours and contact information.
	21.355(3) Telephone contact. If the voter has provided a telephone number, either on the absentee ballot application or on the voter’s registration record, the commissioner shall also attempt to contact the voter by telephone. The commissioner shall keep a written record of the telephone conversation. The written record shall include the following information:
	a. 	Name of the person making the call.
	b. 	Date and time of the call.
	c. 	Whether the person making the call spoke to the voter.
	21.355(4) E-mail contact. If the voter has provided an E-mail address, either on the absentee ballot application or on the voter’s registration record, the commissioner shall also attempt to contact the voter by E-mail. The E-mail message shall be the same message that was mailed to the voter. A copy of the E-mail message shall be attached to the checklist.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8779B, IAB 6/2/10, effective 7/1/10; ARC 9989B, IAB 2/8/12, effective 1/17/12; ARC 1549C, IAB 7/23/14, effective 8/27/14]
Rules 721—21.351(53) through 721—21.355(53) are intended to implement Iowa Code sections 53.18 and 53.25 as amended by 2014 Iowa Acts, House File 2366, division II.
721—21.356 to 21.358  Reserved.
721—21.359(53) Processing absentee ballots before election day. The commissioner may only direct the absentee and special voters precinct board to open envelopes marked with affidavits on the Monday before election day under the following circumstances:
For any election, only if the commissioner has provided secrecy envelopes (or folders) pursuant to subrule 21.359(1) and the commissioner determines removing secrecy envelopes from envelopes marked with affidavits is necessary due to the quantity of voted absentee ballots received as set forth in Iowa Code section 53.23, subsection 3, paragraph “a.”
For general elections, if the commissioner convenes the absentee and special voters precinct board pursuant to Iowa Code section 53.23, subsection 3, paragraph “c,” to begin tabulation of absentee ballots.
	21.359(1) The secrecy envelope shall completely cover the ballot. The envelope shall have the following message printed on it using at least 24-point type:

<fo:wrapper font-size="30pt">Secrecy Envelope</fo:wrapper>
<fo:wrapper font-size="14pt">After you vote, put your ballot in here.</fo:wrapper>	
	21.359(2) When the absentee and special voters precinct board convenes to begin processing absentee ballots, the board shall first review voters’ affidavits to determine which ballots will be accepted for counting and prepare the notices to those voters whose ballots have been rejected for the reasons set forth in Iowa Code section 53.25. Envelopes marked with affidavits containing ballots that are rejected shall be stored in the manner prescribed by Iowa Code section 53.26. The applications submitted for rejected ballots shall be stored in a secure location for the time period required by Iowa Code section 50.19.
	21.359(3) Envelopes marked with affidavits containing ballots that have been accepted for counting by the absentee and special voters precinct board shall be stacked with the affidavits facing down. The envelopes shall be opened and the secrecy envelope containing the ballot shall be removed.
	21.359(4) If a voter has not enclosed the ballot in a secrecy envelope and the ballot has not been folded in a manner that conceals all votes marked on the ballot, the officials shall put the ballot in a secrecy envelope without examining the ballot.
	21.359(5) The following security procedures shall be followed:
	a. 	The process shall be witnessed by observers appointed by the county chairperson of each of the political parties referred to in Iowa Code section 49.13, subsection 2. If, after receiving notice from the commissioner pursuant to Iowa Code section 53.23, subsection 3, paragraph “a,” any of the political parties fail to appoint observers, the commissioner may continue with the proceedings.
	b. 	No ballots shall be counted or examined before election day except as provided in Iowa Code section 53.23, subsection 3, paragraph “c.”
	c. 	When secrecy envelopes are removed from envelopes marked with affidavits on the day before an election and not tabulated as permitted by Iowa Code section 53.23, subsection 3, paragraph “c,” the number of secrecy envelopes shall be recorded before the ballots are stored and the number shall be verified before any ballots are removed from the secrecy envelopes on election day. The ballots may be bundled and sealed in groups of a specified number to make counting easier.
This rule is intended to implement Iowa Code section 53.23 as amended by 2014 Iowa Acts, House File 2366, division II.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8779B, IAB 6/2/10, effective 7/1/10; ARC 1549C, IAB 7/23/14, effective 8/27/14; ARC 3447C, IAB 11/8/17, effective 12/31/17]
721—21.360(53) Failure to affix postmark date. Rescinded IAB 4/20/11, effective 3/31/11.
721—21.361(53) Rejection of absentee ballot. The absentee and special voters precinct board shall reject absentee ballots without opening the envelope marked with the affidavit if any of the conditions cited in Iowa Code section 53.25 exist.
	21.361(1) An absentee ballot shall be rejected if the affidavit lacks the voter’s signature.
	21.361(2) An absentee ballot shall be rejected if the applicant is not a duly registered voter in the precinct in which the ballot is cast. “Precinct” means a precinct established pursuant to Iowa Code sections 49.3 through 49.5 or a consolidated precinct established by the commissioner pursuant to Iowa Code section 49.11, subsection 3, paragraph “a.”
	21.361(3) An absentee ballot shall be rejected if the envelope marked with the affidavit is open.
	21.361(4) An absentee ballot shall be rejected if the envelope marked with the affidavit has been opened and resealed.
	21.361(5) An absentee ballot shall be rejected if the envelope marked with the affidavit contains more than one ballot of any kind.
	21.361(6) An absentee ballot shall be rejected if the voter has voted in person at the polls.
This rule is intended to implement Iowa Code section 49.9 and section 53.25 as amended by 2014 Iowa Acts, House File 2366, division II.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1549C, IAB 7/23/14, effective 8/27/14]
721—21.362 to 21.369  Reserved.
721—21.370(53) Training for absentee ballot couriers. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.371(53) Certificate. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.372(53) Frequency of training. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.373(53) Registration of absentee ballot couriers. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.374(53) County commissioner’s duties. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.375(53) Absentee ballot courier training. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.376(53) Receiving absentee ballots. Rescinded IAB 8/1/07, effective 7/1/07.
721—21.377 to 21.399  Reserved.
DIVISION IV
INSTRUCTIONS FOR SPECIFIC ELECTIONS
721—21.400(376) Signature requirements for certain cities. This rule applies to cities which have all of the following characteristics:
	1.	Nomination procedures under Iowa Code section 376.3 are used. (This includes cities with primary or runoff election provisions. It does not include cities with nominations under Iowa Code chapter 44 or 45.)
	2.	Some or all council members are voted upon by the electors of wards, rather than by the electors of the entire city.
	3.	Ward boundaries have been changed since the last regular city election at which the ward seat was on the ballot.
	4.	The number of wards has not changed.
Calculation of the number of signatures for ward seats shall use the vote totals from the wards as the wards were configured at the time of the last regular city election at which the ward seat was on the ballot.
This rule is intended to implement Iowa Code section 376.4.
721—21.401(376) Signature requirements in cities with primary or runoff election provisions. In cities using the provisions of Iowa Code section 376.4 for nomination of candidates and in which more than one council member was elected at-large at the last preceding regular city election, the number of signatures shall be calculated by the following formula:
V = the total number of votes cast for all candidates for council member at-large at the last regular city election;
E = the number of people to be elected at the last regular city election;

V	 	
E	× .02 = the number of signatures needed by each candidate in the next regular city election.	
This rule is intended to implement Iowa Code section 376.4.
721—21.402(372) Filing deadline for charter commission appointment petition. If a special election has been called by a city to present to the voters the question of adopting a different form of city government, receipt by the city council of a petition requesting appointment of a charter commission shall stay the special election if the petition is received no later than 5 p.m.	on the Friday preceding the date of the special election.
This rule is intended to implement Iowa Code section 372.3.
721—21.403(372) Special elections to fill vacancies in elective city offices for cities that may be required to conduct primary elections.
	21.403(1) Notice to the commissioner. At least 60 days before the proposed date of the special election, the city council shall give written notice to the commissioner who will be responsible for conducting the special election.
	a. 	If the commissioner finds no conflict with other previously scheduled elections, or with other limitations on the dates of special elections, the commissioner shall immediately notify the council that the date has been approved.
	b. 	No special city elections to fill vacancies for cities that may be required to conduct primary elections shall be held with the general election, with the primary election, or with the annual school election. To do so would be contrary to the provisions of Iowa Code section 39.2.
	21.403(2) Election calendar. The election calendar shall be adjusted as follows:
	a. 	The deadline for candidates to file nomination papers with the county commissioner shall be not later than 5 p.m.	on the fifty-third day before the election.
	b. 	A candidate who has filed nomination papers for the special election may withdraw by filing a written notice of withdrawal in the office of the county commissioner not later than 5 p.m.	on the fiftieth day before the election.
	c. 	A person who would have the right to vote for the office in question may file a written objection to the legal sufficiency of a candidate’s nomination papers or to the qualifications of the candidate for this special election with the county commissioner not later than 12 noon on the fiftieth day before the election.
	d. 	The hearing on the objection must be held within 24 hours of receipt of the objection.
This rule is intended to implement Iowa Code section 372.13(2).
[ARC 1549C, IAB 7/23/14, effective 8/27/14; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.404(372) Special elections to fill vacancies in elective city offices for cities without primary election requirements. This rule applies to cities that have adopted by ordinance one of the following options: nominations under Iowa Code chapter 44 or chapter 45, or a runoff election requirement if no candidate in the special election receives a majority of the votes cast.
	21.404(1) Notice to the commissioner. At least 32 days before the proposed date of the special election, the city council shall give written notice to the commissioner who will be responsible for conducting the special election. If the commissioner finds no conflict with other previously scheduled elections, or with other limitations on the dates of special elections, the commissioner shall immediately notify the council that the date has been approved.
	21.404(2) Special elections to fill vacancies held in conjunction with the general election. If the proposed date of the special election coincides with the date of the general election, the council shall give notice of the proposed date of the special city election not later than 76 days before the date of the general election. Candidates shall file nomination papers with the county commissioner not later than 5 p.m.	on the sixty-ninth day before the general election. Objection and withdrawal deadlines shall be 64 days before the general election. Hearings on objections shall be held as soon as possible in order to facilitate printing of the general election ballot.
	21.404(3) Election calendar. If the special election date is not the same as the date of the general election, the election calendar shall be adjusted as follows:
	a. 	The deadline for candidates to file nomination papers with the county commissioner shall be not later than 5 p.m.	on the twenty-fifth day before the election.
	b. 	A candidate who has filed nomination papers for the special election may withdraw by filing a written notice of withdrawal in the office of the county commissioner not later than 5 p.m.	on the twenty-second day before the election.
	c. 	A person who would have the right to vote for the office in question may file a written objection to the legal sufficiency of a candidate’s nomination papers or to the qualifications of the candidate for this special election with the county commissioner not later than 12 noon on the twenty-second day before the election.
	d. 	The hearing on the objection must be held within 24 hours of receipt of the objection.
This rule is intended to implement Iowa Code section 372.13(2).
[ARC 1549C, IAB 7/23/14, effective 8/27/14; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.405(69) Special elections to fill a vacancy in the office of representative in Congress. This rule establishes the special election calendar in the event a vacancy occurs in the office of representative in Congress that must be filled by special election pursuant to Iowa Code section 69.14.
	21.405(1) Notice of election. The governor shall provide not less than 76 days’ notice of a special election to fill a vacancy in the office of representative in Congress.
	21.405(2) Political party convention deadline. A political party candidate to be voted on at a special election to fill a vacancy in the office of representative in Congress shall be nominated by a convention duly called by the district central committee not less than 62 days prior to the date set for the special election.
	21.405(3) Candidate filing deadline. Nominations made pursuant to Iowa Code chapter 43, 44 or 45 shall be filed in the office of the state commissioner not later than 5 p.m.	on the sixty-second day prior to the date set for the special election.
	21.405(4) Candidate certification deadline. Names of candidates nominated for the special election shall be certified at the earliest practicable time to the appropriate commissioners of election as required by Iowa Code section 43.88.
	21.405(5) Candidate objection deadline. Written objections to the legal sufficiency of a nomination petition filed pursuant to Iowa Code chapter 45 or a certificate of nomination filed pursuant to Iowa Code chapter 43 or 44 shall be in writing and shall be filed with the state commissioner no later than 5 p.m.	on the sixtieth day prior to the election.
	21.405(6) Candidate withdrawal deadline. A person who has filed nomination papers with the state commissioner as a candidate for a special election to fill a vacancy in the office of representative in Congress may withdraw by filing a written notice of withdrawal with the state commissioner no later than 5 p.m.	on the sixtieth day prior to the election.
[ARC 0109C, IAB 5/2/12, effective 4/6/12]
721—21.406 to 21.499  Reserved.
721—21.500(277) Signature requirements for school director candidates. The number of signatures required to be filed by candidates for the office of director in the regular school election shall be calculated from the number of registered voters in the district on May 1 of the year in which the election will be held. If May 1 falls on a day when the commissioner’s office is closed for business, the commissioner shall use the number of registered voters in the district on the next day that the commissioner’s office is open for business to determine the number of required signatures. Candidates who are seeking election in districts with election plans as specified in Iowa Code section 275.12(2)“b” and “c,” where the candidate must reside in a specific director district, but is voted upon by all of the electors of the school district, shall be required to file a number of signatures calculated from the number of registered voters in the whole school district. Candidates who will be voted upon only by the electors of a director district shall be required to file a number of signatures calculated from the number of registered voters in the director district in which the candidate resides and seeks to represent.
If a special election is to be held to fill a vacancy on the school board, the number of registered voters on the date the commissioner receives notice of the special election shall be used to calculate the number of signatures required for the special election.
This rule is intended to implement Iowa Code sections 277.4 and 279.7.
[ARC 9466B, IAB 4/20/11, effective 3/31/11]
721—21.501 to 21.599  Reserved.
721—21.600(43) Primary election signatures—plan three supervisor candidates. Rescinded IAB 11/30/11, effective 1/4/12.
721—21.601(43) Plan III supervisor district candidate signatures after a change in the number of supervisors or method of election. After the number of supervisors has been increased or decreased pursuant to Iowa Code section 331.203 or 331.204 or the method of electing supervisors has been changed from plan I or plan II to plan III since the last general election, the signatures for candidates at the next primary and general elections shall be calculated as follows:
	21.601(1) Primary election. Divide the total number of party votes cast in the county at the previous general election for the office of president or for governor, as applicable, by the number of supervisor districts and multiply the quotient by .02. If the result of the calculation is less than 100, the result shall be the minimum number of signatures required. If the result of the calculation is greater than or equal to 100, the minimum requirement shall be 100 signatures.
	21.601(2) Nominations by petition. If the effective date of the change in the number of districts or method of election was later than the date specified in Iowa Code section 45.1(6), divide the total number of registered voters in the county on the date specified in Iowa Code section 45.1(6) by the number of supervisor districts and multiply the quotient by .01. If the result of the calculation is less than 150, the result shall be the minimum number of signatures required. If the result of the calculation is greater than or equal to 150, the minimum requirement shall be 150 signatures.
This rule is intended to implement Iowa Code chapters 43 and 45.
[ARC 9989B, IAB 2/8/12, effective 1/17/12]
721—21.602(43) Primary election—nominations by write-in votes for certain offices.
	21.602(1) The process described in subrule 21.602(2) shall be used to determine whether the primary election is conclusive and a candidate was nominated for partisan offices that are:
	a. 	Not mentioned in Iowa Code section 43.53 (township offices) or 43.66 (state representative and state senator), and
	b. 	For which no candidate’s name was printed on the primary election ballot, and
	c. 	For which no candidate’s name was printed on the primary election ballot in any previous primary election.
	21.602(2) To be nominated by write-in votes, the person must receive at least 35 percent of the number of votes cast in the previous general election for that party’s candidate for president of the United States or for governor, as the case may be, as follows:
	a. 	Statewide office: 35 percent of votes cast statewide.
	b. 	Congressional district: 35 percent of votes cast within the current boundaries of the Congressional district.
	c. 	County office, including plan II supervisors: 35 percent of the votes cast within the county.
	d. 	Plan III county supervisor: 35 percent of the votes cast within the supervisor district. If the boundaries of the supervisor district have changed since the previous general election, the number of votes cast within the county for the party candidate for president or for governor, as the case may be, shall be divided by the number of supervisor districts in the county; then the quotient shall be multiplied by 0.35.
	21.602(3) If a write-in candidate is declared nominated at the canvass of votes, Iowa Code section 43.67, which requires the appropriate election commissioner to notify the candidate, shall apply.
This rule is intended to implement Iowa Code section 43.66.
721—21.603 to 21.799  Reserved.
721—21.800(423B) Local sales and services tax elections.
	21.800(1) Petitions requesting imposition, rate change, use change, or repeal of local sales and services taxes shall be filed with the county board of supervisors.
	a. 	Each person signing the petition shall include the person’s address (including street number, if any) and the date that the person signed the petition.
	b. 	Within 30 days after receipt of the petition, the supervisors shall provide written notice to the county commissioner of elections directing that an election be held to present to the voters of the entire county the question of imposition, rate change, use change, or repeal of a local sales and services tax. In the notice the supervisors shall include the date of the election.
	c. 	The election shall be held on the first possible special election date for counties set forth in Iowa Code section 39.2, subsection 4, paragraph “a,” but no sooner than 84 days after the date upon which notice is given to the commissioner.
	21.800(2) As an alternative to the method of initiating a local option tax election described in subrule 21.800(1), governing bodies of cities and the county may initiate a local option tax election by filing motions with the county auditor pursuant to Iowa Code section 423B.1, subsection 4, paragraph “b,” requesting submission of a local option tax imposition, rate change, use change, or repeal to the qualified electors. Within 30 days of receiving a sufficient number of motions, the county commissioner shall notify affected jurisdictions of the local option tax election date. The election shall be held on the first possible special election date for counties set forth in Iowa Code section 39.2, subsection 4, paragraph “a,” but no sooner than 84 days after the date upon which the commissioner received the motion triggering the election.
	21.800(3) Notice of local sales and services tax election.
	a. 	Not less than 60 days before the date that a local sales and services tax election will be held, the county commissioner of elections shall publish notice of the ballot proposition. The notice does not need to include sample ballots, but shall include all of the information that will appear on the ballot for each city and for the voters in the unincorporated areas of the county.
	b. 	The city councils and the supervisors shall provide to the county commissioner the following information to be included in the notice and on the ballots for imposition elections:
	(1)	The rate of the tax.
	(2)	The date the tax will be imposed (which shall be the next implementation date provided in Iowa Code section 423B.6 following the date of the election and at least 90 days after the date of the election, except that an election to impose a local option tax on a date immediately following the scheduled repeal date of an existing similar tax may be held at any time that otherwise complies with the requirements of Iowa Code chapter 423B). The imposition date shall be uniform in all areas of the county voting on the tax at the same election.
	(3)	The approximate amount of local option tax revenues that will be used for property tax relief in the jurisdiction.
	(4)	A statement of the specific purposes other than property tax relief for which revenues will be expended in the jurisdiction.
	c. 	The information to be included in the notice shall be provided to the commissioner by the city councils of each city in the county not later than 67 days before the date of the election. If a jurisdiction fails to provide the information in subparagraphs 21.800(3)“b”(1), 21.800(3)“b”(3), and 21.800(3)“b”(4) above, the following information shall be substituted in the notice and on the ballot:
	(1)	One percent (1%) for the rate of the tax.
	(2)	Zero percent (0%) for property tax relief.
	(3)	The specific purpose for which the revenues will otherwise be expended is: Any lawful purpose of the city (or county).
	d. 	The notice of election provided for in Iowa Code section 49.53 shall also be published at the time and in the manner specified in that section.
This rule is intended to implement Iowa Code section 423B.1.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.801(423B) Form of ballot for local option tax elections. If questions pertaining to more than one of the authorized local option taxes are submitted at a single election, all of the public measures shall be printed on the same ballot. The form of ballots to be used throughout the state of Iowa for the purpose of submitting questions pertaining to local option taxes shall be as follows:
	21.801(1) Local sales and services tax propositions. Sales and services tax propositions shall be submitted to the voters of an entire county. If the election is being held for the voters to decide whether to impose the tax in a county where a local option sales and services tax has previously been approved for part of the county, the question of imposition shall be voted upon in all parts of the county where the tax has not been approved. If the election is being held for the voters to decide whether to repeal the tax in a county where a local option sales and services tax has previously been approved for part of the county, the question of repeal shall be voted upon in all parts of the county where the tax was previously imposed. If the election is being held for the voters to decide whether to change the rate or use of the tax in a county where a local option sales and services tax has previously been approved for part of the county, the question of rate or use change shall be voted upon in all parts of the county where the tax was previously imposed.
The ballot submitted to the voters of each incorporated area and the unincorporated area of the county shall show the intended uses for that jurisdiction. The ballot submitted to the voters in contiguous cities within a county shall show the intended uses and repeal dates, if not uniform, for each of the contiguous cities. The ballots shall be in substantially the following form:
	a. 	Imposition question for voters in a single city or the unincorporated area of the county:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize imposition of a local sales and services tax in the [city of ________________] [unincorporated area of the county of _____________], at the rate of _____ percent ( _____ %) to be effective on _______________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
A local sales and services tax shall be imposed in the [city of _____________] [unincorporated area of the county of _______________] at the rate of _____ percent ( _____ %) to be effective on _______________ (month and day), _____ (year).
Revenues from the sales and services tax shall be allocated as follows:
(Choose one or more of the following:)
[______________ for property tax relief (insert percentage or dollar amount)]
[______________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of ________________]
[______________ for property tax relief (insert percentage or dollar amount) in the county of ________________]
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
	b. 	Imposition question for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize imposition of a local sales and services tax in the cities of ___________, ____________, ____________, (list additional cities, if applicable) at the rate of _____ percent ( _____%) to be effective on ____________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
A local sales and services tax shall be imposed in the cities of ____________, ____________, ____________, (list additional cities, if applicable) at the rate of _____ percent ( _____%) to be effective on ____________ (month and day), _____ (year).
Revenues from the sales and services tax are to be allocated as follows:
FOR THE CITY OF 	:
____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
	c. 	Imposition question with an automatic repeal date for voters in a single city or the unincorporated area of the county:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize imposition of a local sales and services tax in the [city of ________________] [unincorporated area of the county of _____________], at the rate of _____ percent ( _____%) to be effective from ____________ (month and day), _____ (year), until ____________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
A local sales and services tax shall be imposed in the [city of ____________] [unincorporated area of the county of ________________] at the rate of ______ percent (_____%) to be effective from ____________ (month and day), _____ (year), until ____________ (month and day), _____ (year).
Revenues from the sales and services tax shall be allocated as follows:
(Choose one or more of the following:)
[____________ for property tax relief (insert percentage or dollar amount)]
[____________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of ___________________]
[____________ for property tax relief (insert percentage or dollar amount) in the county of ___________________]
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
	d. 	Imposition question with an automatic repeal date for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize imposition of a local sales and services tax in the cities of ____________, ____________, ____________, (list additional cities, if applicable) at the rate of ____ percent ( ____%) to be effective from ______________ (month and day), _____ (year), until _____________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
A local sales and services tax shall be imposed in the cities of ___________, ____________, ___________, (list additional cities, if applicable) at the rate of _____ percent ( _____%) to be effective from ______________ (month and day), _____ (year), until ______________ (month and day), _____ (year).
Revenues from the sales and services tax are to be allocated as follows:
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
	e. 	Repeal question for voters in a single city or the unincorporated area of the county:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize repeal of the ____ percent ( _____%) local sales and services tax in the [city of ___________________] [unincorporated area of the county of _____________] effective ______________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The _____ percent ( _____%) local sales and services tax shall be repealed in the [city of ______________________] [unincorporated area of the county of _____________________] effective ____________ (month and day), _____ (year).
Revenues from the sales and services tax have been allocated as follows:
(Choose one or more of the following:)
[____________ for property tax relief (insert percentage or dollar amount)]
[____________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of __________________]
[____________ for property tax relief (insert percentage or dollar amount) in the county of ___________________]
The specific purpose (or purposes) for which the revenues were otherwise expended was (were):
(List specific purpose or purposes)
	f. 	Repeal question for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize repeal of the ____ percent ( _____%) local sales and services tax in the cities of ____________, ____________, ____________, (list additional cities, if applicable) effective ______________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The _____ percent ( _____%) local sales and services tax shall be repealed in the cities of ___________, ____________, ___________, (list additional cities, if applicable) effective ______________ (month and day), ______ (year).
Revenues from the sales and services tax have been allocated as follows:
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues were otherwise expended was (were):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues were otherwise expended was (were):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues were otherwise expended was (were):
(List specific purpose or purposes)
	g. 	Rate change question for voters in a single city or the unincorporated area of the county:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize an increase (or decrease) in the rate of the local sales and services tax to _____ percent ( _____%) in the [city of _______________] [unincorporated area of the county of _____________________] effective ______________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The rate of the local sales and services tax shall be increased (or decreased) to ____ percent ( _____%) in the [city of __________________] [unincorporated area of the county of _____________] effective ______________ (month and day), _____ (year). The current rate is ____ percent ( _____%).
Revenues from the sales and services tax are allocated as follows:
(Choose one or more of the following:)
[_____________ for property tax relief (insert percentage or dollar amount)]
[_____________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of ___________________]
[_____________ for property tax relief (insert percentage or dollar amount) in the county of ____________________]
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
	h. 	Rate change question for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize an increase (or decrease) in the rate of the local sales and services tax to _____ percent ( _____%) in the cities of ____________, ____________, ____________, (list additional cities, if applicable) effective ______________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The rate of the local sales and services tax shall be increased (or decreased) to _____ percent ( _____%) in the cities of ___________, ____________, ___________, (list additional cities, if applicable) effective _____________ (month and day), _____ (year).
Revenues from the sales and services tax are allocated as follows:
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_____________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
	i. 	Use change question for voters in a single city or the unincorporated area of the county:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize a change in the use of the ______ percent (_____%) local sales and services tax in the [city of _______________] [unincorporated area of the county of ______________] effective _______________ (month and day), _______ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The use of the _____ percent ( _____%) local sales and services tax shall be changed in the [city of ____________________] [unincorporated area of the county of _____________] effective ______________ (month and day), _____ (year).
PROPOSED USES OF THE TAX:
If the change is approved, revenues from the sales and services tax shall be allocated as follows:
(Choose one or more of the following:)
[_____________ for property tax relief (insert percentage or dollar amount)]
[_____________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of __________________]
[_____________ for property tax relief (insert percentage or dollar amount) in the county of ____________________]
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
CURRENT USES OF THE TAX:
Revenues from the sales and services tax are currently allocated as follows:
(Choose one or more of the following:)
[_____________ for property tax relief (insert percentage or dollar amount)]
[_____________ for property tax relief (insert percentage or dollar amount) in the unincorporated area of the county of ___________________]
[_____________ for property tax relief (insert percentage or dollar amount) in the county of ____________________]
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
	j. 	Use change question for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize a change in the use of the _____ percent (_____%) local sales and services tax in the cities of __________, ___________, __________, (list additional cities, if applicable) effective _____________ (month and day), _____ (year).
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using special paper ballots which are read by computerized tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The use of the _____ percent (_____%) local sales and services tax shall be changed in the cities of ___________, ____________, ___________, (list additional cities, if applicable) effective _____________ (month and day), _____ (year).
PROPOSED USES OF THE TAX:
If the change is approved, revenues from the sales and services tax are to be allocated as follows:
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
(List specific purpose or purposes)
CURRENT USES OF THE TAX:
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
FOR THE CITY OF 	:
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues are otherwise expended is (are):
(List specific purpose or purposes)
	k. 	Imposition question with differing automatic repeal dates for voters in contiguous cities:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize imposition of a local sales and services tax in the cities of __________, ___________, __________, (list additional cities, if applicable) at the rate of _____ percent ( _____%) to be effective from _______________ (month/day/year) until automatic repeal date specified.
A local sales and services tax shall be imposed in the following cities at the rate of _____ percent ( _____%) to be effective from _____________ (month/day/year) until the date specified below and the revenues from the sales and services tax are to be allocated as follows:
FOR THE CITY OF 	:
The tax shall be repealed on _____________ (month/day/year).
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
FOR THE CITY OF 	:
The tax shall be repealed on _____________ (month/day/year).
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
FOR THE CITY OF 	:
The tax shall be repealed on _____________ (month/day/year).
_______________ for property tax relief (insert percentage or dollar amount)
The specific purpose (or purposes) for which the revenues shall otherwise be expended is (are):
	21.801(2) For a local vehicle tax:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Summary: To authorize the county of (insert name of county) to impose a local vehicle tax at the rate of _____ dollars ($_____) per vehicle and to exempt the following classes from the tax:
	.
The revenues are to be expended as set forth in the text of the public measure.
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45. Counties using optical scan ballots which are read by automatic tabulating equipment may summarize the question on the ballot and post the complete text as provided in Iowa Code section 52.25.)
The county of _______________, Iowa shall be authorized to impose a local vehicle tax at the rate of _________ dollars ($______) per vehicle and to exempt the following classes of vehicles from the tax:
	
____________ (insert percentage or dollar amount) of the revenues is/are to be used for property tax relief.
The balance of the revenues is to be expended for:
(List purposes for which remaining revenues will be used)
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.802(423B) Local vehicle tax elections.
	21.802(1) Petitions requesting imposition of local vehicle taxes shall be filed with the county board of supervisors.
	a. 	Each person signing the petition shall add the person’s address (including street number, if any) and the date that the person signed the petition.
	b. 	Within 30 days after receipt of the petition, the supervisors shall provide written notice to the county commissioner of elections directing that an election be held to present to the voters of the entire county the question of imposition of a local vehicle tax. In the notice the supervisors shall include the date of the election.
	c. 	The election shall be held on the first possible special election date for counties set forth in Iowa Code section 39.2, subsection 4, paragraph “c,” but no sooner than 84 days after the date upon which notice is given to the commissioner.
	21.802(2) Notice of local vehicle tax election. Not less than 60 days before the date that a local vehicle tax election will be held, the county commissioner of elections shall publish notice of the ballot proposition. The notice does not need to include a sample ballot, but shall include all of the information that will appear on the ballot. The notice of election provided for in Iowa Code section 49.53 shall also be published at the time and in the manner specified in that section.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.803(423F) Revenue purpose statement ballots. When a school district wishes to adopt, amend or extend the revenue purpose statement specifying the uses of the funds received from the secure an advanced vision for education fund, which is also referred to as the “penny sales and services tax for schools,” the following ballot formats shall be used.
	21.803(1) Ballot to propose a revenue purpose statement. The ballot for an election to propose a revenue purpose statement specifying the use of funds received from the secure an advanced vision for education fund shall be in substantially the following form:
(Insert letter to be assigned by the commissioner.)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: To adopt a revenue purpose statement specifying the use of money from the penny sales and services tax for schools received by _________________ School District.
In the ________________ School District, the following revenue purpose statement, which specifies the use of the penny sales and services tax for schools (sales and services tax funds from the secure an advanced vision for education fund for school infrastructure) shall be adopted:
(Insert here the revenue purpose statement that was adopted by the school board and that states the intended uses of the funds by the school district. The use or uses must be among the approved uses of the tax that are authorized by Iowa Code chapter 423F.)
	21.803(2) Ballot to amend a revenue purpose statement. The ballot for an election to decide a change in the revenue purpose statement specifying the use of funds received from the secure an advanced vision for education fund shall be in substantially the following form:
(Insert letter to be assigned by the commissioner.)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: To authorize a change in the use of money from the penny sales and services tax for schools received by _________________ School District.
In the ________________ School District, the revenue purpose statement, which specifies the use of the penny sales and services tax for schools (sales and services tax funds from the secure an advanced vision for education fund for school infrastructure) shall be changed.
Proposed uses. 	If the change is approved, the revenue purpose statement shall read as follows:
(Insert here the revenue purpose statement that was adopted by the school board and that states the intended uses of the funds by the school district. The use or uses must be among the approved uses of the tax that are authorized by Iowa Code chapter 423F.)
Current uses. 	If the change is not approved, the funds shall continue to be used as follows:
(Insert here the current revenue purpose statement or list the current voter-approved uses of the funds by the school district, if the school infrastructure local option tax was adopted before the revenue purpose statement was required.)
	21.803(3) Ballot to extend a revenue purpose statement. The ballot for an election to extend a revenue purpose statement specifying the use of funds received from the secure an advanced vision for education fund shall be in substantially the following form:
(Insert letter to be assigned by the commissioner.)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: To authorize _________________ School District to continue to spend money from the penny sales and services tax for schools for the previously approved uses until (specify date or insert amended date).
________________ School District is authorized to extend the current revenue purpose statement which specifies use of the penny sales and services tax for schools (sales and services tax funds from the secure an advanced vision for education fund for school infrastructure) received from (date) until (specify date or insert amended date). If an extension is not approved, the current revenue purpose statement will expire on (date). If an extension is approved, the revenue purpose statement will read as follows:
(Insert here the revenue purpose statement, including the new expiration date. If there is not a predicted expiration date, the ballot language must state that the revenue purpose statement will remain in effect until it is changed.)
This rule is intended to implement Iowa Code section 423F.3.
[ARC 1831C, IAB 1/21/15, effective 2/25/15]
721—21.804 to 21.809  Reserved.
721—21.810(34A) Referendum on enhanced 911 emergency telephone communication system funding.
	21.810(1) Form of ballot. The ballot for the E911 referendum shall be in substantially the following form:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a monthly surcharge of (an amount to be determined by the local joint E911 service board of up to one dollar) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within (description of the proposed service area).
A map may be used to show the proposed E911 service area. If a map is used the public measure shall read as follows:
“Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a monthly surcharge of (an amount to be determined by the local joint E911 service board of up to one dollar) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within the proposed E911 service area shown on the map below.”
	21.810(2) Cost of election. The E911 service board shall pay the costs of the referendum election.
	21.810(3) Enhanced 911 emergency service funding referendum held in conjunction with a scheduled election.
	a. 	Notice to commissioner. The joint E911 service board shall notify the commissioner in writing, no later than the last day upon which nomination papers may be filed, of their intention to conduct the referendum with the scheduled election. The notice shall contain the complete text of the referendum question including the description of the proposed E911 service area. If a map is to be used on the ballot to describe the proposed E911 service area, the map shall be included. If the E911 service area includes more than one county, the service board shall notify the commissioner of each of the counties.
	b. 	Conduct of election. All qualified electors in a precinct which is to be served, in whole or in part, by the proposed E911 service area, shall be permitted to vote on the question. The results of the referendum shall be canvassed by the board of supervisors at the time of the canvass of the scheduled election. The commissioner shall immediately certify the results to the joint E911 board.
	c. 	Service board duties. If subscribers from more than one county are included within the proposed service area, the E911 service board shall meet as a board of canvassers to compile the results from the counties. The canvass shall be held on the tenth day following the election at a time established by the E911 service board. The service board shall prepare an abstract showing in words and numbers the number of votes cast for and against the question and, if a simple majority of those voting on the question has voted in the affirmative, the board shall declare that the surcharge has been adopted. Votes cast and not counted as a vote for or against the question shall not be used in computing the total vote cast for and against the question.
	21.810(4) Form of ballot for alternative surcharge. The ballot for elections conducted pursuant to Iowa Code section 34A.6A shall be in the following form:
(Insert letter to be assigned by the commissioner)
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? 	YES □
NO □
Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a temporary monthly surcharge increase to (an amount between one dollar and two dollars and fifty cents to be determined by the local joint E911 service board) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within (description of the proposed service area). The surcharge shall be collected for not more than 24 months, after which the surcharge shall revert to one dollar per month for each line.
A map may be used to show the proposed E911 service area. If a map is used the public measure shall read as follows:
“Enhanced 911 emergency telephone service shall be funded, in whole or in part, by a temporary monthly surcharge increase to (an amount between one dollar and two dollars and fifty cents to be determined by the local joint E911 service board) on each telephone access line collected as part of each telephone subscriber’s monthly phone bill if provided within the proposed E911 service area shown on the map below. The surcharge shall be collected for not more than 24 months, after which the surcharge shall revert to one dollar per month for each line.”
This rule is intended to implement Iowa Code sections 34A.6 and 34A.6A.
721—21.811 to 21.819  Reserved.
721—21.820(99F) Gambling elections.
	21.820(1) Petitions requesting elections to approve or disapprove the conduct of gambling games on an excursion gambling boat or at a gambling structure shall be filed with the county board of supervisors and shall be substantially in the form posted on the state commissioner’s Web site titled “Petition Requesting Special Election.”
	a. 	Within 10 days after receipt of a valid petition, the supervisors shall provide written notice to the county commissioner of elections directing the commissioner to submit to the qualified electors of the county a proposition to approve or disapprove the conduct of gambling games on an excursion gambling boat or at a gambling structure in the county. The election shall be held on the next possible special election date pursuant to Iowa Code section 39.2, subsection 4, paragraph “a,” but no fewer than 46 days from the date notice is given to the county commissioner.
	b. 	If a regularly scheduled or special election is to be held in the county on the date selected by the supervisors, notice shall be given to the commissioner no later than the last day upon which nomination papers may be filed for that election. If the excursion gambling boat or the gambling structure election is to be held with a local option tax election, the supervisors shall provide the commissioner at least 60 days’ written notice. Otherwise, the supervisors shall give at least 46 days’ written notice.
	21.820(2) Form of ballot for election called by petition. Ballots shall be in substantially the following form:
(Insert letter to be assigned by the commissioner)
Shall the following public measure be adopted?

	YES	
	NO	
Gambling games on an excursion gambling boat or at a gambling structure in _______________ County are approved.
	21.820(3) Form of ballot for elections to continue gambling games on an excursion gambling boat or at a gambling structure:
(Insert letter to be assigned by the commissioner)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: Gambling games on an excursion gambling boat or at a gambling structure in _______________ County are approved.
Gambling games, with no wager or loss limits, on an excursion gambling boat or at a gambling structure in _______________ County are approved. If approved by a majority of the voters, operation of gambling games with no wager or loss limits may continue until the question is voted upon again at the general election held in 2010. If disapproved by a majority of the voters, the operation of gambling games on an excursion gambling boat or at a gambling structure will end within 60 days of this election. (Iowa Code section 99F.7(10)“c”)
	21.820(4) Ballot form to permit gambling games at existing pari-mutuel racetracks:
(Insert letter to be assigned by the commissioner)
Shall the following public measure be adopted?

	YES	
	NO	
The operation of gambling games at (name of pari-mutuel racetrack) in _______________ County is approved.
	21.820(5) Abstract of votes. A copy of the abstract of votes of the election shall be sent to the state racing and gaming commission.
	21.820(6) Ballot form for general election for continuing operation of gambling games at pari-mutuel racetracks:
(Insert letter to be assigned by the commissioner)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: The continued operation of gambling games at (name of pari-mutuel racetrack) in _______________ County is approved.
The continued operation of gambling games at (name of pari-mutuel racetrack) in _______________ County is approved. If approved by a majority of the voters, operation of gambling games may continue at (name of pari-mutuel racetrack) in _______________ County until the question is voted on again at the general election in eight years. If disapproved by a majority of the voters, gambling games at (name of pari-mutuel racetrack) in _______________ County will end.
	21.820(7) Ballot form for general election for continuing gambling games on an excursion gambling boat or at a gambling structure:
(Insert letter to be assigned by the commissioner)
Shall the following public measure be adopted?

	YES	
	NO	
Summary: The continued operation of gambling games on an excursion gambling boat or at a gambling structure in _______________ County is approved.
The continued operation of gambling games on an excursion gambling boat or at a gambling structure in _______________ County is approved. If approved by a majority of the voters, operation of gambling games may continue on an excursion gambling boat or at a gambling structure in _______________ County until the question is voted on again at the general election in eight years. If disapproved by a majority of voters, gambling games on an excursion gambling boat or at a gambling structure in _______________ County will end nine years from the date of the original issue of the license to the current licensee.
This rule is intended to implement Iowa Code section 99F.7 and Iowa Code Supplement section 99F.4D.
[ARC 8045B, IAB 8/26/09, effective 7/27/09; ARC 8779B, IAB 6/2/10, effective 7/1/10]
721—21.821 to 21.829  Reserved.
721—21.830(357E) Benefited recreational lake district elections. Elections for benefited recreational lake districts shall be conducted according to the following procedures.
	21.830(1) Conduct of election. It is not mandatory for the county commissioner of elections to conduct elections for a benefited recreational lake district. However, if both a public measure and a candidate election will be held on the same day in a benefited recreational lake district, the same person shall be responsible for conducting both elections. All elections must be held on a Tuesday.
	21.830(2) Ballots. Ballots for benefited recreational lake district trustee elections shall be printed on opaque white paper, 8 by 11 inches in size. The ballots for the initial election for the office of trustee shall be in substantially the following form:
	
OFFICIAL BALLOT
BENEFITED RECREATIONAL LAKE DISTRICT
Election date
(facsimile signature of person responsible for printing ballots)
	
FOR TRUSTEE:
To vote: Neatly print the names of at least three people you would like to see elected to the office of Trustee of the Benefited Recreational Lake District. You may vote for as many people as you wish, but you must vote for at least three.
(At the bottom of the ballot a space shall be included for the endorsement of the precinct election official, like this:)
Precinct official’s endorsement: 	
	
	21.830(3) Canvass of votes. On the Monday following the election, the board of supervisors shall canvass the votes cast at the election. At the initial election the supervisors shall choose three trustees from among the five persons who received the most votes. The results of benefited recreational lake district elections shall be certified to the district board of trustees.
This rule is intended to implement Iowa Code section 357E.8.
[Filed emergency 4/22/76—published 5/17/76, effective 4/22/76]
[Filed emergency 6/2/76—published 6/28/76, effective 8/2/76]
[Filed 10/7/81, Notice 9/2/81—published 10/28/81, effective 12/2/81]
[Filed emergency 11/15/84—published 12/5/84, effective 11/15/84]
[Filed 1/22/85, Notice 12/5/84—published 2/13/85, effective 3/20/85]
[Filed 5/17/85, Notice 4/10/85—published 6/5/85, effective 7/10/85]
[Filed emergency 7/2/85—published 7/31/85, effective 7/2/85]
[Filed emergency 7/26/85—published 8/14/85, effective 7/26/85]
[Filed emergency 8/14/85—published 9/11/85, effective 8/14/85]
[Filed 9/6/85, Notice 7/31/85—published 9/25/85, effective 10/30/85]
[Filed 10/30/85, Notice 9/25/85—published 11/20/85, effective 12/25/85]
[Filed emergency 12/18/86—published 1/14/87, effective 12/18/86]
[Filed emergency 4/20/87—published 5/20/87, effective 4/20/87]◊
[Filed 6/23/88, Notice 5/18/88—published 7/13/88, effective 8/17/88]
[Filed 9/2/88, Notice 7/27/88—published 9/21/88, effective 10/26/88]
[Filed 3/1/89, Notice 1/25/89—published 3/22/89, effective 4/26/89]
[Filed emergency 5/10/89—published 5/31/89, effective 5/10/89]
[Filed emergency 6/9/89—published 6/28/89, effective 7/1/89]
[Filed emergency 6/22/89, after Notice of 5/31/89—published 7/12/89, effective 7/1/89]
[Filed 8/16/89, Notice 6/28/89—published 9/6/89, effective 10/11/89]
[Filed 11/9/89, Notice 10/4/89—published 11/29/89, effective 1/3/90]
[Filed 12/7/89, Notice 11/1/89—published 12/27/89, effective 1/31/90]
[Filed 3/26/92, Notice 2/5/92—published 4/15/92, effective 5/20/92]
[Filed 11/19/92, Notice 9/30/92—published 12/9/92, effective 1/13/93]◊
[Filed 1/14/93, Notice 12/9/92—published 2/3/93, effective 3/10/93]
[Filed 6/4/93, Notice 4/28/93—published 6/23/93, effective 7/28/93]
[Filed emergency 6/28/93—published 7/21/93, effective 7/1/93]
[Filed 9/8/93, Notice 7/21/93—published 9/29/93, effective 11/3/93]
[Filed 11/5/93, Notice 9/29/93—published 11/24/93, effective 12/29/93]
[Filed emergency 4/4/94—published 4/27/94, effective 4/4/94]
[Filed 7/1/94, Notice 5/25/94—published 7/20/94, effective 8/24/94]
[Filed 6/30/95, Notice 5/24/95—published 7/19/95, effective 8/23/95]
[Filed 2/8/96, Notice 1/3/96—published 2/28/96, effective 4/3/96]
[Filed 5/31/96, Notice 4/10/96—published 6/19/96, effective 7/24/96]
[Filed 6/13/96, Notice 5/8/96—published 7/3/96, effective 8/7/96]
[Filed emergency 7/25/96 after Notice 6/19/96—published 8/14/96, effective 7/25/96]
[Filed emergency 5/21/97—published 6/18/97, effective 5/21/97]
[Filed emergency 7/30/97—published 8/27/97, effective 7/30/97]
[Filed 8/22/97, Notice 7/16/97—published 9/10/97, effective 10/15/97]
[Filed 12/12/97, Notice 11/5/97—published 12/31/97, effective 2/4/98]
Filed emergency 5/1/98—published 5/20/98, effective 5/1/98]◊
[Filed emergency 8/7/98—published 8/26/98, effective 8/7/98]
[Filed emergency 8/11/99—published 9/8/99, effective 8/11/99]
[Filed 10/29/99, Notice 9/22/99—published 11/17/99, effective 12/22/99]
[Filed emergency 12/22/99—published 1/12/00, effective 12/22/99]
[Filed 2/3/00, Notice 12/29/99—published 2/23/00, effective 4/1/00]
[Filed 5/26/00, Notice 4/19/00—published 6/14/00, effective 7/19/00]
[Filed 9/14/00, Notice 8/9/00—published 10/4/00, effective 11/8/00]
[Filed emergency 10/10/00 after Notice 8/9/00—published 11/1/00, effective 11/7/00]
[Filed emergency 7/20/01 after Notice 6/13/01—published 8/8/01, effective 7/20/01]
[Filed 2/1/02, Notice 8/8/01—published 2/20/02, effective 3/27/02]
[Filed emergency 3/15/02—published 4/3/02, effective 3/15/02]
[Filed emergency 7/19/02—published 8/7/02, effective 7/19/02]
[Filed 2/13/03, Notice 12/25/02—published 3/5/03, effective 4/9/03]
[Filed emergency 3/28/03—published 4/16/03, effective 3/28/03]
[Filed 2/26/04, Notice 1/7/04—published 3/17/04, effective 4/21/04]◊
[Filed 2/26/04, Notice 1/21/04—published 3/17/04, effective 4/21/04]
[Filed emergency 8/27/04 after Notice 7/21/04—published 9/15/04, effective 8/27/04]
[Filed emergency 10/12/04—published 11/10/04, effective 10/12/04]
[Filed 1/25/06, Notice 12/21/05—published 2/15/06, effective 3/22/06]
[Filed emergency 3/10/06—published 3/29/06, effective 3/10/06]
[Filed emergency 5/5/06 after Notice 3/29/06—published 5/24/06, effective 5/5/06]
[Filed emergency 8/25/06—published 9/27/06, effective 8/25/06]
[Filed emergency 10/4/06 after Notice 8/30/06—published 10/25/06, effective 10/4/06]
[Filed emergency 5/14/07—published 6/6/07, effective 5/14/07]
[Filed emergency 6/27/07—published 8/1/07, effective 7/1/07]
[Filed emergency 7/13/07—published 8/1/07, effective 7/13/07]
[Filed emergency 9/7/07 after Notice 8/1/07—published 9/26/07, effective 9/7/07]
[Filed emergency 12/18/07 after Notice 11/7/07—published 1/16/08, effective 1/1/08]
[Filed emergency 1/9/08 after Notice 11/21/07—published 1/30/08, effective 1/9/08]◊
[Filed emergency 7/1/08—published 7/30/08, effective 7/1/08]
[Filed emergency 7/11/08—published 7/30/08, effective 7/11/08]
[Filed 7/17/08, Notice 6/4/08—published 8/13/08, effective 9/17/08]
[Filed 12/5/08, Notice 7/30/08—published 12/31/08, effective 2/4/09]
[Filed Emergency ARC 8045B, IAB 8/26/09, effective 7/27/09]
[Filed ARC 8698B (Notice ARC 8541B, IAB 2/24/10), IAB 4/21/10, effective 6/15/10]
[Filed Emergency ARC 8779B, IAB 6/2/10, effective 7/1/10]
[Filed Emergency ARC 8777B, IAB 6/2/10, effective 5/7/10]
[Filed Emergency ARC 9049B, IAB 9/8/10, effective 8/16/10]
[Filed Emergency ARC 9139B, IAB 10/6/10, effective 9/16/10]
[Filed Emergency ARC 9466B, IAB 4/20/11, effective 3/31/11]
[Filed Emergency ARC 9559B, IAB 6/15/11, effective 5/23/11]
[Filed Emergency ARC 9893B, IAB 11/30/11, effective 11/9/11]
[Filed ARC 9879B (Notice ARC 9564B, IAB 6/15/11), IAB 11/30/11, effective 1/4/12]
[Filed ARC 9891B (Notice ARC 9560B, IAB 6/15/11), IAB 11/30/11, effective 1/4/12]
[Filed Emergency ARC 9989B, IAB 2/8/12, effective 1/17/12]
[Filed Emergency ARC 0107C, IAB 4/18/12, effective 3/30/12]
[Filed Emergency ARC 0109C, IAB 5/2/12, effective 4/6/12]
[Filed Emergency ARC 0272C, IAB 8/8/12, effective 7/20/12]
[Filed ARC 0266C (Notice ARC 0154C, IAB 6/13/12), IAB 8/8/12, effective 9/12/12]
[Filed ARC 0616C (Notice ARC 0271C, IAB 8/8/12; Amended Notice ARC 0528C, IAB 12/12/12), IAB 2/20/13, effective 3/27/13]
[Filed ARC 1549C (Notice ARC 1473C, IAB 5/28/14), IAB 7/23/14, effective 8/27/14]
[Filed ARC 1831C (Notice ARC 1735C, IAB 11/26/14), IAB 1/21/15, effective 2/25/15]
[Filed Emergency ARC 2663C, IAB 8/3/16, effective 8/1/16]
[Filed ARC 3447C (Notice ARC 3282C, IAB 8/30/17), IAB 11/8/17, effective 12/31/17]
◊	Two or more ARCs