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 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 registration 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 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 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.
	21.1(8) Special precinct board in postponed elections. The special precinct board shall meet to consider special 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 following the original 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 or admitted to the voting machines, as appropriate. People who have received 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 ballot containers shall be destroyed.
If voting machines or automatic tabulating equipment is used, the machines or automatic tabulating equipment shall be closed and sealed without printing the results. Before the date the election is held, the machines or automatic tabulating equipment shall be reset to zero. Any documents showing the progress of the count, including paper records required by 2007 Iowa Acts, Senate File 369, section 7, subsection 2, shall be sealed and stored. No one shall reveal the progress of the count. After six months, the 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 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 or any other 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) Report to state commissioner. A report of the actions taken and recommendations for future situations shall be prepared by the commissioner and sent to the state commissioner of elections not later than one week following the canvass of the election.
	21.1(14) 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. The list of imminent danger pay areas can be found at www.defenselink.mil/comptroller/fmr/07a/07a_10.pdf. Procedures for the return of absentee ballots by electronic transmission are described in subrule 21.320(4).
	21.1(15) 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 new election to be held. The 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.
721—21.2(47) Facsimile documents. Certain documents may be submitted via facsimile machine.
	21.2(1) Facsimile documents accepted for filing. Assuming that all other legal requirements are met, the following documents may be submitted by facsimile machine if presented to the appropriate filing officer as facsimiles of the original and if subrule 21.2(2) is complied with:
	a. 	Affidavits of candidacy required by Iowa Code chapters 43, 44, 45, 161A, 260C, 277, 376, and 420.
	b. 	Applications for absentee ballots pursuant to Iowa Code chapter 53.
	c. 	Certificates of nomination by convention under Iowa Code chapters 43, 44 and 54.
	d. 	Judicial declarations of candidacy required under Iowa Code chapter 46.
	e. 	Lists of presidential electors required by Iowa Code chapters 43 and 54.
	f. 	Notices of intent to contest elections filed under Iowa Code chapters 61, 62 and 376.
	g. 	Objections to nomination papers filed under Iowa Code chapters 43, 44, and 277.
	h. 	Resignation notice by elected or appointed officials filed under Iowa Code section 69.4.
	i. 	Requests for recounts filed under Iowa Code chapters 43 and 50.
	j. 	Withdrawal notices by candidates filed under Iowa Code chapters 43, 44, 50.46 and 277.
	k. 	Abstracts of votes filed with the state commissioner of elections.
	21.2(2) Original documents. The original copy of documents submitted by facsimile machine shall also be filed. The original shall be mailed to the appropriate commissioner. The envelope bearing the original document shall be postmarked not later than the last day to file the document.
	a. 	The filing shall be void if the original of a document filed by facsimile machine is not received within seven days after the filing deadline for the original document.
	b. 	The filing shall be void if the postmark on the envelope containing the original document is later than the filing deadline date.
	c. 	If a filing is voided because the original of a document submitted by facsimile machine was postmarked too late or arrives too late, the person who filed the document shall be notified immediately in writing.
	21.2(3) Documents not acceptable by facsimile. Only the original of the following documents will be accepted for filing:
	a. 	Absentee ballots and any affidavit required to accompany an absentee ballot under Iowa Code chapter 53.
	b. 	Nomination petitions filed under Iowa Code chapters 43, 45, 161A, 277, 280A, and 376.
This rule implements Iowa Code sections 43.6, 43.11, 43.16, 43.19, 43.21, 43.23, 43.24, 43.54, 43.56, 43.60, 43.67, 43.76, 43.78, 43.80, 43.88, 43.115, 43.116, 44.3, 44.4, 44.9, 44.16, 45.3, 45.4, 46.20, 47.1, 47.2, 50.30, 50.31, 50.32, 50.33, 50.46, 50.48, 53.2, 53.8, 53.11, 53.17, 53.21, 53.22, 53.40, 53.45, 54.5, 61.3, 62.5, 69.4, 161A.5, 260C.15, 277.4, 277.5, 376.4, 376.10, 376.11, and 420.130.
721—21.3(49,48A) Voter identification documents.
	21.3(1) Optional identification. A precinct election official may require identification from any person whom the official does not know.
	21.3(2) Required identification. Precinct election officials shall require identification under the following circumstances:
	a. 	From any person offering to vote whose name does not appear on the election register as an active voter.
	b. 	From any person whose name appears on the election register as an inactive voter.
	c. 	From any person offering to vote whose name is not on the election register and who wants to report a change of address from one precinct to another within the same county.
	d. 	From any person who applies to register to vote on election day pursuant to 2007 Iowa Acts, House File 653, section 2.
	21.3(3) Identification documents for persons other than election day registrants. Unless the person is registering to vote at the polls on election day, precinct election officials shall accept the following identification documents from any person who is asked to present ID:
	a. 	Current and valid photo identification card; or
	b. 	A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
	21.3(4) Identification for election day registrants.
	a. 	A person who applies to register to vote on election day shall provide proof of identity and residence in the precinct where the person is applying to register and vote.
	(1)	Proof of identity must be a photo ID card that is current and valid and includes an expiration date. The following forms of identification are acceptable: an Iowa driver’s license or nonoperator’s ID, an out-of-state driver’s license or nonoperator’s ID, a United States passport, a United States military identification card, an identification card issued by an employer, or a student identification card issued by an Iowa high school or an Iowa postsecondary educational institution. If the photo ID does not show the person’s address in the appropriate precinct, the person must show proof of residence.
	(2)	Proof of residence may be any of the following documents provided that the document shows the person’s name and address in the precinct: residential lease, property tax statement, utility bill, bank statement, paycheck, government check, or other government document.
	b. 	Any registered voter who attests for another person registering to vote at the polls on election day shall be a registered voter of the same precinct. 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.
	21.3(5) Current and valid identification.
	a. 	“Current and valid” or “ID,” for the purposes of this rule, means identification that meets the following criteria:
	(1)	The expiration date on the ID has not passed. An ID is still valid on the expiration date. An Iowa nonoperator’s ID that shows “none” as the expiration date shall be considered current and valid.
	(2)	The ID has not been revoked or suspended.
	b. 	A current and valid ID may include a former address.
	21.3(6) ID not provided. A person who has been requested 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 2007 Iowa Acts, House File 653, section 2, may establish identity and residency in the precinct by written oath of a person who is registered to vote in the precinct.
This rule is intended to implement Iowa Code section 49.77, 2007 Iowa Acts, House File 653, section 2, and P.L. 107-252, Section 303.
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 by mail form showing the person’s current address in the precinct.
	c. 	Present proof of identity as required by subrule 21.3(3).
	21.4(2) The officials shall require a person who is reporting a change of address at the polls to cast a special ballot if the person’s registration in the county cannot be verified. Registration may be verified by:
	a. 	Telephoning the office of the county commissioner of elections, or
	b. 	Consulting a printed list of all registered voters who are qualified to vote in the county for the election being held that day, or
	c. 	Consulting the county’s voter registration records by use of 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 as amended by 2006 Iowa Acts, House File 2050, section 3, the commissioner shall provide to each precinct one of the two following methods for recording changes of address:
	a. 	The voter shall be provided with a form that includes both the eligibility declaration and the voter registration form. The instructions for the voter registration form shall be printed in large type on a separate sheet of paper and shall be provided to each person who completes a voter registration form at the polls. In lieu of signing in the election register, the voter who is reporting a change of address shall complete the required fields on both the eligibility declaration form and the 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 also complete a voter registration form showing the voter’s current address.
This rule is intended to implement Iowa Code section 49.77(3).
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, 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 the 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 as amended by 2006 Iowa Acts, House File 2050, section 3.
721—21.6(43,50) Turnout reports. For all elections, the commissioner shall prepare a report of the number of people who voted. The board of supervisors shall certify the turnout at the canvass of votes.
	21.6(1) This report shall provide a single number that includes the number of persons:
	a. 	Who voted at the polls on election day,
	b. 	Whose absentee ballots were accepted for counting, and
	c. 	Whose provisional ballots were accepted for counting.
	21.6(2) The report shall not include the number of persons whose absentee ballots or provisional ballots were not accepted for counting.
	21.6(3) In primary elections, the report shall include the number of persons who voted in each political party and the total number of persons who voted in the county.
This rule is intended to implement Iowa Code sections 43.59 and 50.24.
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.
	b. 	The name on the identification document is the same as the name of the applicant.
	c. 	The address on the identification document is in the precinct where the person is registering to vote.
	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 “remarks” column of 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.
This rule is intended to implement 2007 Iowa Acts, House File 653.
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 2007 Iowa Acts, House File 653, section 2, 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 in substantially the following form:
Dear [name of voter],
You have registered and voted under Iowa’s Election Day registration law. On [date], this office mailed an acknowledgment to you at the address you used on the voter registration form. The United States Postal Service has returned that acknowledgment to us as undeliverable.
Please return the enclosed response form no later than [date]. If we do not receive your response by [date], your voter registration record will be made inactive and we will notify the county attorney and the State Registrar of Voters.
Please note that voter registration fraud is a felony under Iowa law. Registration fraud includes submitting a voter registration application that is known by the person to be materially false, fictitious, forged, or fraudulent.
	
County Auditor and Commissioner of Elections
Date: 	
Response Form
Please confirm your residence at:
[address on registration]
OR
Explain why the Postal Service does not deliver your mail to that address.
□There appears to be an error in recording my address. My correct address is: 	
	
□I receive mail at a different address. My mailing address is: 	
	
□My address has changed since election day. My current address is: 	
	
□The Postal Service made a mistake. I do reside at [list registration address]: 	
	
□Other, please explain: 	

Signature of registrant
Date: 	
This rule is intended to implement 2007 Iowa Acts, House File 653.
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 in substantially the following form:
	
STATE OF IOWA
APPLICATION FOR POLITICAL PARTY STATUS
To the State Commissioner of Elections:
At the General Election held on November ____, _______________, a candidate of the political organization named below received at least 2 percent of the total number of votes cast for the office of
□ President of the United States
□ Governor of Iowa
Pursuant to the requirements of Iowa Code section 43.2, we hereby request that the State Commissioner of Elections notify the state registrar of voters, the voter registration commission and the 99 counties of Iowa that the political organization named below qualifies as a political party under Iowa law.
Political organization name: 	
(Please print the party name in the form it should appear on ballots, voter registration forms, and other records.)
Name of candidate for President or Governor: 	
Signed: 	
Candidate
Address: 	
	
Telephone: 	
Signed: 	
Chairperson of Political Organization
Address: 	
	
Telephone: 	
Date submitted: 	
Office use only:
Office of □ President of the United States
□ Governor of Iowa
Total number of votes received for office: 	
Number of votes received by applicant: 	
Percentage of total: 	
The application is □ rejected.
□ approved, effective 21 days from date of approval.
	
Secretary of State and State Commissioner of Elections
Date: 	
	
	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.
721—21.11(44) Nonparty political organizations—nominations by petition. Rescinded IAB 9/10/97, effective 10/15/97.
721—21.12 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 to 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 recount shall be conducted by members of the special precinct board following the provisions of Iowa Code section 50.48 as amended by 2007 Iowa Acts, Senate File 369, section 3, Iowa Code section 50.49 and 721—Chapter 26. The recount board may use a computer program board which was not used in the election to compare with the suspected defective one.
If direct recording electronic voting machines were used in the election, the paper record required by 2007 Iowa Acts, Senate File 369, section 7, subsection 2, shall be used in the recount. However, if the commissioner believes or knows that the paper records produced from a machine have been compromised due to damage, mischief, malfunction, or other cause, the printed ballot images produced from the internal audit log for that machine shall be the official record used in the recount. In addition to the external paper record, the internal audit log required by 2007 Iowa Acts, Senate File 369, section 7, subsection 1, paragraph “k,” shall be available for use in the recount and shall be used if the paper record has been compromised.
This rule is intended to implement Iowa Code section 50.48 as amended by 2007 Iowa Acts, Senate File 369, section 3, and Iowa Code section 50.49.
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 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 following survey form 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.
Polling Place Accessibility Survey Form
County: 	
Polling place name or number: 	
Polling place address/location:

	
INSTRUCTIONS
Purpose. This form shall be used to evaluate the accessibility of polling places to persons with disabilities.
How to use this form. Inspect each potential polling place by going from the parking area to the voting area. You will need a yardstick, a tape measure and about 30 minutes.
Answer every question on the form by marking either “YES,” “NO,” or “N/A” (NOT APPLICABLE), as appropriate. Items on the survey with clear (unshaded) boxes are required. If a required item is marked “NO,” the polling place is inaccessible. The survey questions in shaded boxes are recommended. If a recommended item is marked “NO,” the polling place is accessible, but inconvenient, if all other responses are “YES” or “N/A.”
Polling places may be inaccessible for more than one reason. Please respond to every item and summarize the responses by category on the back page.
1. Name, address, and telephone number of person(s) completing this form:
2. Date of inspection: 	

Category I: Parking	YES	NO	N/A	
1. Are there off-street parking spaces either permanently or temporarily designated for the handicapped?	 	 	 	
2. Accessible off-street parking:
a. Are designated parking spaces at least 13 feet wide,with at least one space van-accessible? (Parking space = 8 ft., aisle = 5 ft.; van-accessible parking space = 8 ft., aisle = 8 ft.)	 	 	 	
b. Are parking spaces on level ground (with a slope no greater than a rise of
1 foot in 50 feet)?	 	 	 	
c. Is the parking area surface stable, firm, and slip-resistant (concrete, asphalt, etc.)?	 	 	 	
d. Are the parking places within a reasonable travel distance (200 feet maximum) from the building?				
e. Is there a curb cut to connect these parking spaces to an accessible walk or to the building entrance?	 	 	 	
f. Are these parking spaces designated by post-mounted signs bearing the symbol of accessibility? (Signs should be high enough to be seen even when a vehicle is parked in the space.)	 	 	 	
3. Is there a relatively level passenger drop-off zone at least 4 feet wide with a curb cut connecting it to an accessible walk or to the building entrance?	 	 	 	

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Category II: Walkways or pathways to the building	YES	NO	N/A	
1. Is the surface of the walkway or pathway to the building stable, firm, and slip-resistant (concrete, asphalt, etc.)?	 	 	 	
2. Is the walkway or pathway to the building at least 48 inches wide?	 	 	 	
3. Are all curbs along the pathway to the building cut or ramped with at least 36 inches clear width and with slopes of no more than a 1-inch rise in 12 inches?	 	 	 	
4. Are all stairs or steps along the walkway or pathway to the building either ramped (with a slope of no more than a 1-foot rise in 20 feet) or else provided with a suitable alternative means of access?	 	 	 	
5. Do stairsteps along the walkway or pathway to the building have non-slip surfaces and handrails?				
6. Is the walkway or pathway to the building entrance:
a. Free of protrusions (such as fire hydrants, tree trunks, or other obstacles) which narrow the passage to less than 48 inches?	 	 	 	
b. Free of any abrupt edges or breaks in the surface where the difference is over ¼ inch in height (such as where it crosses a driveway, parking lot, or another walkway, etc.)?				
c. Free of any overhanging objects (such as tree branches, signs, etc.) which hang lower than 80 inches?	 	 	 	
d. Free of any grating with openings of over ½ inch wide?				
7. Are walkways always well-lighted?				
8. Are provisions made to ensure that walkways are free of such hazards as ice, snow, leaves, or other debris on the day of election?				
9. Are there signs which identify the accessible route of travel if that route is different from the primary route of travel to the building?	 	 	 	

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Category III:
Ramps and elevators entering or inside the building	YES	NO	N/A	
1. Are building stairs or steps which are over ¾ inch high (either at the entrance or between the entrance and the voting area) provided either with a ramp, with an elevator, or with an alternative means of unassisted passage (such as a chairlift or an alternative route of travel)?	 	 	 	
2. Ramps:
a. Do all ramps have a slope no greater than a rise of 1 foot in 12 feet?	 	 	 	
b. Are ramps provided with non-slip surfaces?	 	 	 	
c. Is a handrail provided for any ramp rising more than 6 inches or longer than 72 inches?				
d. Are handrails at least 32 inches above ramp surface?				
e. Can handrails be gripped?				
f. Are ramps and landing areas with drop-offs provided with at least a 2-inch curb at the side to prevent slipping off the ramps?	 	 	 	
g. If there is a door at the top of a ramp, is there a level space of at least 5 feet by 5 feet where a wheelchair can rest while the door is opened (if the door opens toward the ramp)?	 	 	 	
3. Elevators (if elevators are the only accessible route):
a. Is the elevator cab at least 68 inches by 51 inches wide?	 	 	 	
b. Do elevator doors provide at least 36 inches clear width?	 	 	 	
c. Are elevator controls less than 54 inches high (i.e., can a person in a chair operate the controls)?				
d. Are control panels marked with raised lettering?				
e. Is the elevator in close proximity to the entrance of the building?				

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Category IV: Other architectural features	YES	NO	N/A	
1. Doors along the route of travel:
a. Do all doors have an opening which clears at least 32 inches wide?	 	 	 	
b. Are all door thresholds less than ½ inch high (¾ inch if the building was erected before 1979)?	 	 	 	
c. Are all doors equipped with either arch or lever-type handles, pushplates, or automatic openers (so that twisting a doorknob is not required)?				
d. Where an automatic door is used, does the door remain open at least 3 seconds?				
e. Are glass doors marked with safety seals?				
2. Stairs along the route:
a. Do stairs have non-slip surfaces?				
b. Do stairs have handrails at least 34 to 38 inches above the step level?				
c. Can handrails be gripped?				
d. Do all steps have risers (the vertical wall at the back of each step)?	 	 	 	
e. Do all steps have tread areas at least 11 inches deep?	 	 	 	
f. Are all steps less than 7 inches in height?	 	 	 	
g. Are stairs well-lighted?	 	 	 	
h. Are stairs free of obstacles?	 	 	 	
3. Corridors:
a. Is the corridor at least 44 inches wide?	 	 	 	
b. Is the corridor free of obstacles or protrusions (such as boxes, water fountains, etc.) which extend more than 12 inches from the wall?				
c. Is there sufficient lighting at all points along the route?	 	 	 	
d. In any corridor longer than 30 feet is there a seating or rest area?				
e. Does the corridor have a non-slip surface?				
f. Are all rugs and mats securely fastened?				

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Category V: Features within the voting area	YES	NO	N/A	
1. Are instructions for voting printed in 14-point or larger type, in simple language, and plainly displayed?	 	 	 	
2. Is there sufficient space for reasonable movement of voters in wheelchairs?	 	 	 	
3. Can all necessary parts of the voting equipment be reached by a person seated in a chair or, at least, is an alternative means of casting a ballot provided?	 	 	 	
4. Are magnifying devices available for those who request them?				
5. Is there adequate lighting in the voting area?	 	 	 	
6. Is seating available for elderly or handicapped voters awaiting their turn to vote?				

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Category VI: If there are other reasons for inaccessibility, please describe:
You may attach additional sheets, if necessary.
Please complete the summary of accessibility on the next page.

Summary of Accessibility by Categories	
Please review the responses within each category on the previous pages and indicate below whether each category is:
●	INACCESSIBLE (if there is a “NO” response in any unshaded box in the category)
●	ACCESSIBLE, BUT INCONVENIENT (if all “NO” responses in the category are only in shaded boxes and all the responses in the unshaded boxes are either “YES” or “N/A”)
●	FULLY ACCESSIBLE (if all responses in the category are either “YES” or “N/A”)	
Category	Inaccessible	Accessible, but inconvenient	Fully accessible	
I. Parking	 	 	 	
II. Walkways or pathways to the building	 	 	 	
III. Ramps and elevators entering or inside the building	 	 	 	
IV. Other architectural features	 	 	 	
V. Features within the voting area	 	 	 	
VI. Other	 	 	 	
Overall determination of polling place accessibility	
If one or more of the categories are marked “INACCESSIBLE,”
then the polling place is	INACCESSIBLE □
If no category is marked “INACCESSIBLE,”
but one or more are marked “ACCESSIBLE, BUT INCONVENIENT”
then the polling place is	ACCESSIBLE, BUT INCONVENIENT □
If all categories above are marked “FULLY ACCESSIBLE,”
then the polling place is	FULLY ACCESSIBLE □	
<fo:wrapper font-size="12pt">Disposition of inaccessible polling place</fo:wrapper>
If the polling place is INACCESSIBLE	YES	NO	
A. Has an alternative accessible facility been sought?	 	 	
B. Are permanent or temporary alterations planned to render the polling place accessible in the coming election?	 	 	
	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.
	21.50(7) Application form. The following form shall be used to apply for a temporary waiver of accessibility requirements.
State of Iowa Application for
Temporary Waiver of Accessibility Requirements
Instructions
Send a separate application for each precinct. Do not list more than one precinct on a waiver form.
Include copies of surveys. With each application you must send copies (you keep the originals) of the Polling Place Accessibility Survey Form for the polling place you would like to use, as well as for any buildings you surveyed and rejected.
Complete section A or section B, but not both.
Section A. No Accessible Place. If you cannot provide an accessible polling place for a precinct because no accessible buildings are available and no available building can be modified to be accessible on election day, you must apply for a temporary waiver of accessibility requirements.
	1.	Describe why you are unable to provide an accessible polling place for the precinct.
a. Include the reasons that the polling place you have selected cannot be made accessible for the next election. Remember, the polling place must be accessible on election days. Buildings used for polling places are not necessarily required to be permanently accessible.
b. Include letters from three elected officials from governing bodies that include this precinct (city officials, county supervisors, or township officials) supporting your finding that there is no accessible place within the precinct that can be used for a polling place.
c. Explain why it is not reasonable to move this polling place to another, accessible location outside the precinct or to combine this precinct with another adjacent precinct that has an accessible polling location.
	2.	List other potential polling places you examined and rejected. Enclose a copy of the Polling Place Accessibility Survey Form for each place you list. You keep the original copy of the survey form.
	3.	List the name and address of the polling place you propose to use. Enclose a copy of the Polling Place Accessibility Survey Form for this place. You keep the original survey form.
	4.	If a waiver is granted, it will apply to all elections held for two years after the date the waiver is approved by the Secretary of State.
Section B. Emergency Use. Use this section to report changes in polling places during the two months before a federal election. For example, you may need to change from an accessible polling place to an inaccessible one because the building has become unusable due to an emergency, such as a fire or flood.
	1.	Describe the emergency that made it necessary to move the polling place to an inaccessible site.
	2.	List the name and address of the polling place you propose to use. Enclose a copy of the Polling Place Accessibility Survey Form for this place. You keep the original survey form.
Review the application form carefully, sign and date it.
State of Iowa Application for
Temporary Waiver of Accessibility Requirements
County: __________________________________Precinct:  _______________________________
	
Section A—No Accessible Place.
I have surveyed all potential polling places in the precinct listed above and hereby certify that no accessible place is available in or for the precinct. I further certify that this county is unable to make a polling place temporarily accessible in the precinct for the following reasons:
Other potential polling places that have been surveyed and rejected as inaccessible are:
I request permission to use the following building as a polling place until an accessible place becomes available, or for two years, whichever is sooner:
Section B—Emergency Use.
Due to emergency conditions, no accessible polling place will be available for the precinct listed above for the next election. The emergency conditions are as follows:
I request permission to use the following building as a polling place for the election to be held on ___/___/20___:
_______________________________________________________________________________
Statement by Commissioner:
Copies of the surveys for all polling places examined and rejected and for the polling place that will be used are included. Any voters with disabilities who are assigned to this precinct and who are unable to enter the polling place will be provided with ballots delivered to their vehicles by the two election officials selected to assist voters. I hereby apply for a determination from the State Commissioner of Elections that an inaccessible polling place may be used in this precinct for the period requested above.
Signed:  __________________________________, County Auditor and Commissioner of Elections
Date: 	
	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 or TTY number or E-mail address listed below:
Telephone: _______________ TTY: _______________ E-mail address: _______________
	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.
721—21.51 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.
	b. 	Choices. 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.
	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 Supplement section 49.67. Except for school elections, a voting center that serves a jurisdiction which includes both unincorporated territory and a city with a population in excess of 3500 shall open at 7 a.m.
	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) I-Voters use prohibited. The commissioner shall not provide direct access from voting centers to the I-Voters system on election day.
	21.75(6) Operation of voting centers.
	a. 	Election registers and voter lists.  Each voting center shall have a list of all registered voters who are eligible to vote in that election. The voter list 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. 	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.
	d. 	Precinct election officials. Voting centers shall be administered by a minimum of five 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.
	21.75(7) Postelection review of voter participation.
	a. 	Within 30 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 2008 Iowa Acts, House File 2620, section 23(1A)“d,” which reads as follows: “d. Pursuant to section 39A.2, subsection 1, paragraph "b", subparagraph (3), a person commits the crime of election misconduct in the first degree if the person knowingly votes or attempts to vote at more than one voting center for the same election.” The notice shall also include a reference to Iowa Code section 39A.2(2), which reads as follows: “2. Election misconduct in the first degree is a class 'D' felony.”
This rule is intended to implement 2008 Iowa Acts, House File 2620, division II.
721—21.76 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 to each local public measure to appear on a ballot for a single election shall be printed on the ballot immediately preceding and above the words “Shall the following public measure be adopted?”.
	b. 	The letter assigned by the commissioner shall be printed on the ballot at least 1/8 of an inch high in the designated place.
	c. 	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.
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 to 21.299 Reserved.
DIVISION III
ABSENTEE VOTING
721—21.300(53) Satellite absentee voting stations. The county commissioner of elections may designate locations in the county for absentee voting stations. If the commissioner receives a petition requesting that a satellite absentee voting station be established at a location described on the petition, the commissioner shall provide the requested station if the petition was properly signed and filed. The petition shall be rejected if the site chosen is not accessible to elderly and disabled voters or has other physical limitations that make it impossible to meet the requirements for ballot security and secret voting, or if the owner of the site refuses permission to locate the satellite absentee voting station at the site named on the petition. The commissioner may also refuse to conduct satellite voting for the runoff election if a special election is scheduled to be held between the regular city election and a city runoff election. The petition may be refused if the owner of the site demands payment for its use.
The petition shall be signed by not less than 100 eligible electors of the county. The petition shall be filed with the commissioner no later than the deadline specified in Iowa Code section 53.11 for the election.
Satellite absentee voting stations established by petition shall be open for at least one day for a minimum of six hours. Satellite absentee voting stations shall be accessible to elderly and disabled voters.
Only ballots from the county in which the site is located may be provided at the satellite absentee voting station. However, it is not necessary to provide ballots from all of the precincts in the county.
	21.300(1) Form of petition. The petition requesting that a satellite absentee voting station be established at a specific location shall be in substantially the following form:
	
STATE OF IOWA
PETITION FOR ABSENTEE VOTING STATION
Instructions: This petition may be signed by people who
	●	are U.S. citizens,
	●	are at least 18 years old,
	●	have not been convicted of a felony,
	●	have not been declared mentally incompetent by a court,
	●	and who live in this county.
They do not need to be registered voters.
The petition must be taken to the county auditor’s office before 5 p.m.	on 	.
Date of election: 	
We, the people of 	County, request that there be an absentee voting station at the place described below.
[Instructions: Give the address of the building, and the name of the building, if it has a name. Elderly and disabled voters must be able to get into the building to vote.]

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	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.
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 until the time registration closes before the election 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. 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 the following oath:
I, _______________(name)______________, do solemnly swear or affirm that I will impartially, and to the best of my knowledge and ability, perform the duties of satellite absentee voting station worker, and will endeavor to prevent fraud, deceit and abuse in performing those duties.

 	 	Signature of worker	
 	 	 	
 	 	Address	
 	 	 	
Officer administering oath	 	Date	
The oath must be taken before each election.
	21.300(5) Supplies needed for each satellite absentee voting station. Each satellite absentee voting station shall be provided with the following supplies:
	a. 	Voter registration forms for new registrations and changes of registration information.
	b. 	Absentee ballot application forms.
	c. 	An absentee voters’ log in which to record the names of electors casting absentee ballots, the serial numbers on their applications and affidavit envelopes, and the date the ballots are returned. The log may also be used to record the return of absentee ballots which were mailed.
	d. 	Affidavit envelopes for absentee ballots.
	e. 	Secrecy envelopes or folders, if needed for use with electronic voting systems.
	f. 	Absentee ballots in sealed container(s).
	g. 	Marking devices appropriate for the voting system that will be used to tabulate the ballots.
	h. 	Two or more voting booths, at least one of which shall be suitable for use by a person seated in a chair or wheelchair.
	i. 	One or more ballot boxes equipped with locks and keys, or tamperproof seals.
	j. 	Table and chairs for workers.
	k. 	Two or more chairs for voters.
	l. 	Barricade system to control access to voting area.
	m. 	Secure containers for returning unused ballots. Containers used to send ballots to the satellite absentee voting station may be reused.
	n. 	Paper clips, tape or rubber bands to attach request forms to affidavit envelopes.
	o. 	Pens and other supplies for the workers.
	p. 	Instructions in large type explaining the proper method of marking the ballot.
	q. 	A list of other satellite absentee voting stations in the county, if any, and their addresses and scheduled times of operation.
	r. 	Precinct finder.
	s. 	Sample ballots for each precinct served by the satellite absentee voting station.
	t. 	Envelope to return spoiled ballots.
	u. 	Special ballot envelopes and return envelope.
	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 remote absentee voting site. The receipt shall be in substantially the following form:

 	SATELLITE ABSENTEE VOTING STATION
BALLOT RECORD AND RECEIPT	 	
 	Precincts voting at satellite station: 		 	
 	Location of satellite station: 		 	
 	Satellite station address: 		 	
 	BALLOTS DELIVERED TO THE SATELLITE ABSENTEE VOTING STATION	 	
 	Type of
Ballot	Number
Delivered	Delivered to:
(print name)	(signature of each worker)	 	

 	 	 	 	 	 	

 	TOTAL	*
DELIVERED	DATE:	TIME:	a.m.
p.m.	 	 	
 	BALLOTS RETURNED FROM THE SATELLITE ABSENTEE VOTING STATION	 	
 	Type of
Ballot	Voted	Spoiled	Special	Not
Voted	Returned	 	

 	 	 	 	 	 	 	 	

 	 	 	 	 	 	 	 	
 	 	 	 	 	 	 	 	
 	TOTAL NUMBER OF BALLOTS RETURNED:_____________________ *	 	
 	*The number of ballots returned must equal the number delivered.	 	
 	Number of ballots issued by mail and returned to this station: 		 	
 	 	Print name	Signature	 	 	
 	Ballots received from:		 	

 	 			 	
 	 			 	
 	a.m.		
 	RECEIVED BY: ____________________ DATE: ________ TIME: 		p.m.	 	
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 people.
	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.
	c. 	Electioneering. No signs supporting or opposing any candidate or question on the ballot shall be posted within 300 feet of 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.
	d. 	Chair provided. One or more chairs must be available for use by elderly or disabled voters waiting in line.
	21.300(9) Operation of the satellite absentee voting station. At all times the station shall have at least two workers present to preserve the security of the ballots, both voted and unvoted. At satellite absentee voting stations used for primary and general elections, no more than a simple majority of the workers shall be registered with the same political party.
	21.300(10) Voter registration at the satellite absentee voting station. Each satellite absentee voting station shall provide forms necessary to register voters 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, microfiche or other media.
As an alternative, the commissioner may provide a computer connection with the commissioner’s office.
	21.300(11) Procedure for issuing absentee ballot. The following instructions for absentee voting are to be provided to all satellite absentee voting station workers:
HOW TO ISSUE ABSENTEE BALLOTS
	1.	Application. Each person who wishes to vote shall complete an application for an absentee ballot.
	2.	Check precinct. Check to be sure that the applicant’s address is in a precinct served by this station.
	3.	Check registration. Check to see whether the applicant is a registered voter at the applicant’s current address. People who live in (county name) County but who are not currently registered to vote in the county may register to vote at the satellite absentee voting station until (the date registration closes for the election). Changes of name, address, telephone number or party affiliation may be submitted at any time.
After (date registration closes), anyone who requests an absentee ballot and who is not a registered voter in the county may register to vote if the person provides proof of identity and residence in the precinct in which the voter intends to vote. The voter must also complete an oath of person registering on election day. Otherwise, the person may cast only a provisional ballot. Use the provisional ballot envelopes.
Proof of identity must be a photo ID card that is current and valid and includes an expiration date. An ID is still current on the date it expires. An Iowa nonoperator’s ID card that shows “none” as an expiration date is considered current and valid. The following forms of identification are acceptable: an Iowa driver’s license or nonoperator’s ID, an out-of-state driver’s license or nonoperator’s ID, a United States passport, a United States military identification card, an identification card issued by an employer, or a student identification card issued by an Iowa high school or an Iowa postsecondary educational institution. If the photo ID does not show the person’s address in the appropriate precinct, the person must show proof of residence.
Proof of residence may be any of the following documents provided that the document shows the person’s name and address in the precinct: residential lease, property tax statement, utility bill, bank statement, paycheck, government check, or other government document.
A voter who does not have appropriate identification documents may have another registered voter from the same precinct attest to the person’s identity and residence. An attester must be a registered voter whose identity and residence have not been established by the attestation of another registered voter and must live in the same precinct as the applicant. The attester shall not attest to the identity of more than one person. The commissioner shall keep a list of all persons who have attested for in-person absentee registrants and shall send the list to the polling place on election day with the list of absentee voters required by Iowa Code section 49.72.
	4.	Affidavit envelope. Have the voter complete the affidavit envelope before you issue the ballot.
	5.	Voters may ask for help. Anyone who is unable to mark a ballot without help may be helped by any person chosen by the voter. Exceptions: The following people may not help a voter—the voter’s employer, an agent of the employer, or an officer or agent of the voter’s union.
The voter may also request help from the satellite absentee voting station workers. Two workers from different political parties must assist the voter.
WARNING: Do not tell anyone how the person voted.
	6.	Issue ballot. When a voting booth is available, give the voter the appropriate ballot. Ballots must be voted at the satellite absentee voting station. Ballots may not be taken away from the station.
	7.	Instruct voter. Instruct each voter to use only the pen or pencil provided by you, how to mark the ballot so that it can be counted, to enclose the ballot in the secrecy folder (if any), and to place the ballot in the affidavit envelope and seal it before returning it to the workers.
	8.	Send voter to booth. Each voter must use a voting booth. Do not permit anyone to vote anywhere else.
	9.	When the ballot is returned: Number the request form and the affidavit envelope with serial number and record the serial number in the log of absentee voters.
	10.	Storing voted ballots and applications. Attach the application to the sealed affidavit envelope and insert them in the locked ballot box.
	21.300(12) Closing the station. The following instructions for closing the absentee voting station are to be provided to all satellite absentee voting station workers:
INSTRUCTIONS FOR CLOSING
THE SATELLITE ABSENTEE VOTING STATION
At the end of each day, after everyone has voted who arrived before the time established to close the station, close the satellite absentee voting station. Each task on the list must be completed.
DO NOT OPEN ANY AFFIDAVIT ENVELOPES. These ballots will be opened and counted on election day.
	1.	Count the number of ballots of each type which have not been voted.
	2.	Record number of unvoted ballots by precinct on the ballot receipt form.
	3.	Place the ballots in the container provided and securely seal or lock the container.
	4.	Record the number of spoiled ballots by precinct on the ballot receipt form.
	5.	Count the number of spoiled ballots by precinct and place in the envelope provided. Enter this number on the ballot receipt form. Securely seal the envelope. All officials must sign the envelope.
	6.	From the absentee voters’ log determine how many ballots from each precinct have been voted.
	7.	Compare the total number of ballots in the ballot box with the number of voters listed in the log. If there is a discrepancy, you must resolve it before leaving the station. If you cannot discover the source of the discrepancy, write a detailed explanation of the problem. All workers must sign the report.
	8.	If couriers will be picking up the ballots, all workers must wait until both couriers arrive. Ask the couriers for identification before surrendering the ballots. If the workers are to return the ballots to the commissioner’s office, two workers who are members of different political parties and the ballots must travel together in the same vehicle to return the ballots.
	9.	Never leave any ballots unattended.
	10.	If the ballots will be stored at the satellite absentee voting station all workers must be present when the ballots are locked up. A daily log sheet shall be used to record the information requested above. When ballots are returned to the auditor’s office the information on the daily log sheets shall be accumulated and entered on the ballot record and receipt form.
This rule is intended to implement Iowa Code section 53.11 as amended by 2007 Iowa Acts, Senate File 416.
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 required to provide identification before voting. The voter may present any of the identification documents prescribed in subrule 21.3(3). If the voter does not have appropriate identification documents, the official or staff person receiving the application shall challenge the ballot and notify the voter that the voter must provide a copy of the appropriate form of identification not later than the date upon which the absentee and special precinct board will meet to review provisional ballots after election day pursuant to Iowa Code section 50.21.
	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 respond to the request.
	a. 	Form. The commissioner shall send a voter registration form and the following notice:
Notice to the Voter:
Your request for an absentee ballot has been received and processed. However, our records show that your voter registration is not currently active. To restore your registration, please complete the enclosed voter registration form and return it to:
County Auditor
(Address)
Return the registration form separately. Do not enclose it with your absentee ballot.
This registration form must be received in my office no later than (the time the polls close) on (election day), or be postmarked no later than (the day before election day).
	b. 	Instructions to commissioner. If the registration form is received by the deadline for receipt of absentee ballots as prescribed in Iowa Code section 53.17, and all other legal requirements are met, the ballot shall be counted. If the return carrier envelope is received before the registration form, the envelope shall not be opened but shall be held until the deadline for receipt of absentee ballots. If the registration form has not been received by the deadline, the officials of the absentee and special voters precinct board shall open the return carrier envelope. If the registration form is enclosed, and all other legal requirements are met, the ballots shall be counted. However, if the registration form is not enclosed in the return carrier envelope, the affidavit envelope containing the ballot shall not be opened.
This rule is intended to implement Iowa Code sections 48A.29 and 53.2.
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. The voter must also complete an oath of person registering on election day. Otherwise, the person may cast only a provisional ballot. Provisional ballot envelopes shall be used.
	21.302(1) Proof of identity must be a photo ID card that is current and valid and includes an expiration date. An ID is still current on the date it expires. An Iowa nonoperator’s ID card that shows “none” as an expiration date is considered current and valid. The following forms of identification are acceptable: an Iowa driver’s license or nonoperator’s ID, an out-of-state driver’s license or nonoperator’s ID, a United States passport, a United States military identification card, an identification card issued by an employer, or a student identification card issued by an Iowa high school or an Iowa postsecondary educational institution. If the photo ID does not show the person’s address in the appropriate precinct, the person must show proof of residence.
	21.302(2) Proof of residence may be any of the following documents provided that the document shows the person’s name and address in the precinct: residential lease, property tax statement, utility bill, bank statement, paycheck, government check, or other government document.
	21.302(3) A voter who does not have appropriate identification documents may have another registered voter from the same precinct attest to the person’s identity and residence. An attester must be a registered voter and must live in the same precinct as the applicant. A person may not attest to the identity and residence of another voter for an election if the person registered to vote under the provisions of 2007 Iowa Acts, House File 653, section 2, for the same election and the person’s identity and residence were established by the attestation of another registered voter. The attester shall not attest to the identity of more than one person. The commissioner shall keep a list of all persons who have attested for in-person absentee registrants and send the list to the polling place on election day with the list of absentee voters required by Iowa Code section 49.72.
This rule is intended to implement 2007 Iowa Acts, House File 653.
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 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 serial number used to identify the absentee request in the commissioner’s records.
	5.	Return carrier envelope. The return carrier 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.
	6.	Delivery envelope. The delivery envelope, which shall be addressed to the voter and bear the serial 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 substantially the form prescribed by the state commissioner of elections.
	8.	Receipt. The receipt form required by 2007 Iowa Acts, Senate File 601, section 227, which may be printed on the instructions required by numbered paragraph “7” above.
This rule is intended to implement Iowa Code section 53.8 as amended by 2007 Iowa Acts, Senate File 601, section 223, and Iowa Code section 53.17 as amended by 2007 Iowa Acts, Senate File 601, section 227.
721—21.304 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 either the physical signature or a digital signature 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 voter for a particular election unless, after the ballot has been mailed, the voter reports a change in the address to which the ballot should be sent. The commissioner shall void the original absentee ballot and include a comment in the voter’s registration record, noting the serial number of the original ballot and noting that a replacement ballot was sent to an updated address. The original ballot shall be counted only if the replacement ballot does not arrive.
	g. 	Requests for absentee ballots for a period of two general elections. Iowa Code Supplement 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 for all elections, the commissioner shall send the applicant a ballot for each election held after the application is received and through the next two general elections.
	(1)	When an absentee ballot for a UOCAVA voter who has requested absentee ballots for all elections through the next two general elections is returned as undeliverable by the United States Postal Service, the commissioner shall contact the Federal Voting Assistance Program (FVAP) to determine whether the voter has a forwarding address on file with that office. If so, the commissioner shall contact the voter by the best means available to notify the voter that the voter must provide the commissioner with a new address if the voter wishes to continue to receive absentee ballots until the end of the period for which the voter has requested ballots.
	(2)	The commissioner shall also send a written notice to the voter’s residence address by forwardable mail. The notice shall advise the voter that the voter must provide the commissioner with a new address if the voter wishes to continue to receive absentee ballots until the end of the period for which the voter has requested ballots.
	(3)	If the voter provides a new address before election day, the commissioner shall enter the revised information in the voter's registration record and transmit the ballot. The voter may request that the commissioner transmit the ballot electronically pursuant to subrule 21.320(3).
	(4)	If the voter does not respond to either request for additional information within 30 days, the commissioner shall cancel the absentee ballot request and notify the voter.
	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 shall 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 affidavit envelope 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 in an area designated as an imminent danger pay area, as provided in subrule 21.1(14). The absentee ballot may be returned via electronic transmission 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.
This rule is intended to implement Iowa Code section 53.46 and Iowa Code Supplement section 53.40.
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 deficiencies.
721—21.352(53) Review of returned affidavit envelopes.
	21.352(1) Personnel. The commissioner may assign staff members to complete the review of returned affidavit envelopes. Only persons who have been trained for this responsibility shall be authorized to review affidavit envelopes.
	21.352(2) Affidavit envelopes reviewed. The affidavit envelopes of all absentee ballots returned to the commissioner’s office shall be reviewed, including those of ballots returned by the bipartisan team delivering absentee ballots to health care facilities, such as hospitals and nursing homes. If a reviewer finds deficiencies in absentee affidavits returned from any health care facility, the commissioner shall send the bipartisan delivery team back to make any necessary corrections or to deliver any replacement ballots.
	21.352(3) Instructions. Each reviewer shall receive instructions in substantially the form prescribed 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. 	Not to leave unsecured ballots unattended.
	b. 	Not to alter any information on any affidavit.
	c. 	Not to add any information to any affidavit, except as specifically required to comply with the requirements of the law.
	d. 	Not to seal any affidavit envelope found open.
	e. 	Not to discard any return carrier envelopes, ballots, or affidavit envelopes returned by voters.
721—21.353(53) Opening the return carrier envelopes. 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 envelope.
721—21.354(53) Review process. A reviewer shall remove the contents from only one return carrier envelope at a time.
	21.354(1) Return carrier envelopes preserved. The return carrier envelopes shall be stored in a manner that will facilitate their retrieval, if necessary. They shall be stored for 22 months for federal elections and 6 months for local elections.
	21.354(2) Examination of affidavit envelope. The reviewer shall make sure that:
	a. 	The affidavit envelope is sealed, apparently with the ballot inside.
	b. 	The affidavit envelope has not been opened and resealed.
	c. 	The affidavit includes all of the following:
	(1)	An address.
	(2)	A signature.
	(3)	For primary elections only, political party affiliation.
	21.354(3) No defects or deficiencies. If the reviewer finds no defects or deficiencies that would cause the absentee and special voters precinct board to reject the ballot, the reviewer shall put the affidavit envelope into a group of envelopes to be retained in the secure storage area with others that require no further attention until they are delivered to the absentee and special voters precinct board.
	21.354(4) Defective and deficient affidavits. The commissioner shall contact the voter if the reviewer finds any of the following flaws in the affidavit or affidavit envelope:
	a. 	The commissioner shall contact the voter immediately if the affidavit envelope is defective. An affidavit envelope is defective if:
	(1)	The absentee ballot is not enclosed in the affidavit envelope.
	(2)	The affidavit envelope is not sealed.
	(3)	The affidavit envelope has been opened and resealed.
	b. 	The commissioner shall contact the voter within 24 hours if the affidavit is deficient. A deficient affidavit lacks:
	(1)	The signature of the voter.
	(2)	The voter’s address.
	(3)	For primary elections only, political party affiliation.
	c. 	If an affidavit envelope has flaws that are included in both paragraphs “a” and “b,” the commissioner shall follow the process in paragraph “a.”
	21.354(5) Defective and deficient affidavits stored separately. The commissioner shall store the defective and deficient affidavit envelopes separately from other returned absentee ballot affidavit envelopes.
	a. 	Deficient affidavit envelopes requiring voter correction must be available for retrieval when the voter comes to make corrections.
	b. 	Defective (improperly closed) affidavit envelopes must be attached to the original application, replacement application and replacement ballot for review by the special precinct board.
721—21.355(53) Notice to voter. When the commissioner finds a deficiency in an absentee ballot affidavit or finds a defective (improperly closed) affidavit envelope, the commissioner shall notify the voter in writing and, if possible, by telephone or 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—deficient ballot affidavit. Within 24 hours after receipt of an absentee ballot with a deficient 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. 	Reason for deficiency (lack of signature, address or, for primary elections only, political party affiliation).
	b. 	The voter’s options for correcting the affidavit as follows:
	(1)	Completing the affidavit at the commissioner’s office by 5 p.m.	the day before the election; or
	(2)	Casting a provisional ballot 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 affidavit envelope was not properly closed, 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, such as envelope not sealed, envelope opened and resealed, or the ballot was outside the affidavit envelope.
	b. 	The voter’s options for correcting the defect as follows:
	(1)	Applying for a replacement ballot; or
	(2)	Casting a provisional ballot at the polls on election day.
	c. 	Process for applying for 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. 	If a person answered the telephone, the name of that person.
	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.
Rules 21.351(53) through 21.355(53) are intended to implement Iowa Code section 53.18 as amended by 2007 Iowa Acts, Senate File 601, section 229.
721—21.356 to 21.358 Reserved.
721—21.359(53) Processing absentee ballots before election day. Only when the voters have been provided with secrecy envelopes may the commissioner direct the special precinct board to open affidavit envelopes on the day before election day.
	21.359(1) The secrecy envelope shall be closed on at least two sides and 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) The special precinct board shall review voters’ affidavits and applications to determine which ballots will be accepted for counting and prepare the notices to those voters whose ballots have been rejected. The affidavit envelopes containing ballots that will not be counted and the applications submitted for those ballots shall be stored in a secure location.
	21.359(3) The affidavit envelopes containing the ballots that will be counted shall be stacked with the affidavits facing down. The envelopes shall be opened and the secrecy envelope containing the ballot shall be removed. The affidavit envelope and application shall be stored together.
	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. Two of the special precinct election officials, one from each of the political parties referred to in Iowa Code section 49.13(2), shall sign the secrecy envelope.
	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.
	b. 	No ballots shall be counted or examined before election day.
	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 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 1997 Iowa Acts, House File 636, section 73.
721—21.360(53) Failure to affix postmark date. For any absentee ballot referred to in Iowa Code section 53.17, if the officially authorized postal service fails to affix a postmark date on the return carrier envelope, or the postmark date is illegible, but the date of the affidavit envelope is a date no later than the day prior to the election, the ballot shall be counted as provided in Iowa Code section 53.17. If no date can be read on either the return carrier envelope or the affidavit envelope, the affidavit envelope shall not be opened, and the ballot shall be rejected as provided in Iowa Code section 53.25.
This rule is intended to implement Iowa Code section 53.17.
721—21.361(53) Rejection of absentee ballot. The special precinct election board shall reject absentee ballots without opening the affidavit envelope if any of the conditions cited below exist.
	21.361(1) An absentee ballot shall be rejected if the absentee voter’s affidavit is insufficient. An insufficient affidavit lacks one or more of the following:
	a. 	The signature of the voter,
	b. 	The voter’s address,
	c. 	In primary elections only, the political party affiliation of the voter.
	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.
	21.361(3) An absentee ballot shall be rejected if the affidavit envelope is open.
	21.361(4) An absentee ballot shall be rejected if the affidavit envelope has been opened and resealed.
	21.361(5) An absentee ballot shall be rejected if the affidavit envelope contains more than one ballot of any kind. This includes all ballots contained in the affidavit envelope, whether or not they are enclosed in secrecy envelopes.
	21.361(6) An absentee ballot shall be rejected if the voter has voted in person.
	21.361(7) An absentee ballot shall be rejected if in primary elections the political party declared on the affidavit envelope is different from the political party whose ballot was requested on the application for the ballot.
	21.361(8) Rescinded IAB 9/26/07, effective 9/7/07.
This rule is intended to implement Iowa Code sections 43.38, 49.9 and 53.25.
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(81GA,HF2282) 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 city clerk shall be not later than 12 noon on the fifty-third day before the election.
	b. 	The city clerk shall deliver all nomination papers accepted by the clerk to the county commissioner of elections not later than 5 p.m.	on the fifty-third day before the election.
	c. 	A candidate who has filed nomination papers for the special election may withdraw not later than 5 p.m.	on the fiftieth day before the election.
	d. 	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 not later than 12 noon on the fiftieth day before the election.
	e. 	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) as amended by 2006 Iowa Acts, House File 2282, section 2.
721—21.404(81GA,HF2282) 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 city clerk not later than 5 p.m.	on the seventieth day before the general election. The city clerk shall deliver the nomination papers accepted by the clerk 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, the same as the deadlines for candidates who file their nomination papers with the commissioner. 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 city clerk shall be not later than 12 noon on the twenty-fifth day before the election.
	b. 	The city clerk shall deliver all nomination papers accepted by the clerk to the county commissioner of elections not later than 5 p.m.	on the twenty-fifth day before the election.
	c. 	A candidate who has filed nomination papers for the special election may withdraw not later than 5 p.m.	on the twenty-second day before the election.
	d. 	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 not later than 12 noon on the twenty-second day before the election.
	e. 	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) as amended by 2006 Iowa Acts, House File 2282, section 2.
721—21.405 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. 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 first day of the month preceding 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.
721—21.501 to 21.599 Reserved.
721—21.600(43) Primary election signatures—plan three supervisor candidates. The minimum number of signatures needed by candidates for the office of county supervisor elected under plan three, where candidates are voted upon only by the voters of the supervisor district, shall be determined by one of the two following methods.
	21.600(1) If there were 5,000 or more votes cast in the supervisor district for a political party’s candidate for governor or for president of the United States, the minimum number of signatures needed is 100.
	21.600(2) If there were less than 5,000 votes cast in the supervisor district for a political party’s candidate for governor or for president of the United States, the minimum number of signatures is determined by using one of the following formulas:
Democratic candidate’s signature requirement: ([AD ÷ S] + VD) × .02
Republican candidate’s signature requirement: ([AR ÷ S] + VR) × .02

AD	=	the number of absentee votes received in the entire county by the Democratic party’s candidate for governor or for president of the United States in the previous general election.	
AR	=	the number of absentee votes received in the entire county by the Republican party’s candidate for governor or for president of the United States in the previous general election.	
S	=	the number of supervisor districts in the county (3 or 5).	
VD	=	the number of votes cast in the supervisor district for the Democratic party’s candidate for governor or for president of the United States in the previous general election. (If this number is 5,000 or more, the minimum number of signatures needed is 100.)	
VR	=	the number of votes cast in the supervisor district for the Republican party’s candidate for governor or for president of the United States in the previous general election. (If this number is 5,000 or more, the minimum number of signatures needed is 100.)	
This rule is intended to implement Iowa Code section 43.20(1)“d.”
721—21.601(43) Plan III supervisor district candidate signatures after a change in the number of supervisors. After the number of supervisors has been increased or decreased pursuant to Iowa Code section 331.203 or 331.204, 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 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 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.
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(422B) Local sales and services tax elections.
	21.800(1) Petitions requesting imposition of local sales and services taxes shall be filed with the county board of supervisors.
	a. 	The petition shall be signed by eligible electors equal in number to at least 5 percent of the persons in the whole county who voted at the last preceding state general election. Each petition shall include:
	(1)	A statement in substantially the following form: We the undersigned eligible electors of _____________________ County hereby request imposition of a local sales and services tax.
	(2)	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 sales and services tax. In the notice the supervisors shall propose a specific date for the election.
	c. 	The proposed election date shall be at least 75 days, but not more than 90 days, after the date upon which notice is given to the commissioner. The local option tax election may be held in conjunction with a state general election, or at a special election held at any time other than the time of a city regular election. However, if the date proposed by the supervisors conflicts with another scheduled election as defined in Iowa Code section 47.6(2), the commissioner shall notify the supervisors of this fact. The supervisors shall propose another date for the special election within 7 days of receiving notice from the commissioner.
	21.800(2) As an alternative to the method of initiating a local option tax election described in subrule 21.4(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 422B.1(3)“b” requesting submission of a local option tax to the qualified electors. Within 30 days of receiving a sufficient number of motions, the county commissioner shall, in consultation with the governing bodies of the cities and with the board of supervisors, set a date for the local option tax election. The election shall be held no sooner than 105 days nor later than 120 days after the date upon which the commissioner received the motion triggering the election. If this would result in the special election being held at a time of a conflicting election as defined by Iowa Code section 47.6 or on a date upon which special elections are forbidden to be held by Iowa Code section 39.2(1), the election may be held on a date as close as possible to the required time period.
	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:
	(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 21.4(3)“b”(3) and 21.4(3)“b”(4) above, the following information shall be substituted in the notice and on the ballot:
	(1)	Zero percent (0%) for property tax relief.
	(2)	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.
	21.800(4) Definitions.
“Abstract of ballot” means abstract of votes.
This rule is intended to implement Iowa Code sections 422B.1 and 422B.9.
721—21.801(422B) 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25. 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 ($_____) per vehicle and to exempt the following classes from the tax:
	.
The revenues are to be expended as set forth in the text of the public measure.
(Insert in substantially the following form the entire text of the proposed public measure immediately below the summary on all paper ballots as provided in Iowa Code section 49.45, or place on the left-hand side inside the curtain of each voting machine as provided in Iowa Code section 52.25.)
The county of _______________, Iowa shall be authorized to impose a local vehicle tax at the rate of _________ dollars ($______) 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)
721—21.802(422B) Local vehicle tax elections.
	21.802(1) Petitions requesting imposition of local vehicle taxes shall be filed with the county board of supervisors.
	a. 	The petition shall be signed by eligible electors equal in number to at least 5 percent of the persons in the whole county who voted at the last preceding state general election. Each petition shall include:
	(1)	A statement in substantially the following form: We the undersigned eligible electors of _____________ County hereby request imposition of a local vehicle tax at a rate of __________ dollar(s) per vehicle with the following classes (if any) to be exempt: ____________________________.
	(2)	Each person signing the petition shall add the person’s address (including street numbers, 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 propose a specific date for the election.
	c. 	The proposed election date shall be at least 75 days, but not more than 90 days, after the date upon which notice is given to the commissioner. The local option tax election may be held in conjunction with a state general election, or at a special election held at any time other than the time of a city regular election. However, if the date proposed by the supervisors conflicts with another scheduled election as defined in Iowa Code section 47.6(2), the commissioner shall notify the supervisors of this fact. The supervisors shall propose another date for the special election within 7 days of receiving notice from 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.
721—21.803(82GA,HF2663) 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 2008 Iowa Acts, House File 2663, section 29.)
	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 2008 Iowa Acts, House File 2663, section 29.)
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, or an explanation that the revenue purpose statement will remain in effect until it is changed.)
This rule is intended to implement 2008 Iowa Acts, House File 2663, section 29.
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.
	a. 	The petition shall be signed by eligible electors of the county equal in number to at least 10 percent of the votes cast in the county for the office of President of the United States or governor at the preceding general election.
	b. 	Each petition shall be in substantially the following form:
STATE OF IOWA
PETITION REQUESTING ELECTION
__________________ County
We, the undersigned eligible electors of _______________ County, hereby request that an election be held on the proposition to approve or disapprove gambling games on an excursion gambling boat or at a gambling structure in the county.

 	Signature	Address, including street and number, if any	Date
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page _____ of _____
	c. 	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 within 70 days of the receipt of the petition.
	d. 	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 32 days’ written notice. If the commissioner finds that the date selected by the supervisors conflicts with another election to be held that day, the commissioner shall immediately notify the supervisors in writing. Within 7 days, the supervisors shall select another date and notify the commissioner in writing.
	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) Canvass of votes. The canvass of votes for a special election regarding excursion boat gambling shall be held on the Monday following the election. 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.
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]
◊	Two or more ARCs