Senate File 474 S-3228 Amend Senate File 474 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < DIVISION I 4 GENERAL PROVISIONS 5 Section 1. Section 22.7, Code 2017, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 70. The voter verification number, 8 as defined in section 53.2, subsection 4, paragraph 9 “c” , that is assigned to a voter and maintained and 10 updated in the statewide voter registration system. 11 Sec. 2. Section 39A.5, subsection 1, paragraph 12 b, Code 2017, is amended by adding the following new 13 subparagraph: 14 NEW SUBPARAGRAPH . (3) Violating any provision of 15 chapter 48A for which another penalty is not provided. 16 Sec. 3. NEW SECTION . 48A.24 Deadline for 17 submitting voter registration forms. 18 1. A person who accepts a completed voter 19 registration form from an applicant shall submit the 20 form to the appropriate commissioner within seven days 21 of receiving the form if the person accepting the form 22 is doing so on behalf of any of the following: 23 a. A political party, as defined in section 43.2. 24 b. A nonparty political organization required to 25 nominate candidates under chapter 44. 26 c. A candidate or committee, as defined in section 27 68A.102. 28 2. Notwithstanding the deadline in subsection 29 1, a person described in subsection 1 who accepts a 30 completed voter registration form from an applicant 31 within three days of the voter registration deadline 32 prescribed in section 48A.9 for the next election shall 33 submit the form to the appropriate commissioner within 34 twenty-four hours of accepting the form, and not later 35 -1- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 1/ 24 #1.
than the registration deadline. 1 Sec. 4. Section 48A.30, subsection 1, Code 2017, is 2 amended by adding the following new paragraph: 3 NEW PARAGRAPH . 0f. The registered voter is not 4 a resident of Iowa, or the registered voter submits 5 documentation under section 607A.4, subsection 3, that 6 indicates that the voter is not a citizen of the United 7 States. 8 Sec. 5. Section 48A.31, Code 2017, is amended to 9 read as follows: 10 48A.31 Deceased persons record. 11 The state registrar of vital statistics shall 12 transmit or cause to be transmitted to the state 13 registrar of voters, once each calendar quarter, a 14 certified list of all persons seventeen and one-half 15 years of age and older in the state whose deaths have 16 been reported to the bureau of vital records of the 17 Iowa department of public health since the previous 18 list of decedents was certified to the state registrar 19 of voters. The list shall be submitted according to 20 the specifications of the state registrar of voters and 21 shall be transmitted to the state registrar of voters 22 without charge for production or transmission . The 23 commissioner shall, in the month following the end of a 24 calendar quarter, run the statewide voter registration 25 system’s matching program to determine whether a listed 26 decedent was registered to vote in the county and shall 27 immediately cancel the registration of any person named 28 on the list of decedents. 29 Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 30 2017, are amended to read as follows: 31 1. a. Any registered voter, under the 32 circumstances specified in section 53.1 , may on any 33 day, except election day, and not more than seventy 34 one hundred twenty days prior to the date of the 35 -2- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 2/ 24
election, apply in person for an absentee ballot at the 1 commissioner’s office or at any location designated 2 by the commissioner. However, for those elections in 3 which the commissioner directs the polls be opened at 4 noon pursuant to section 49.73 , a voter may apply in 5 person for an absentee ballot at the commissioner’s 6 office from 8:00 a.m. until 11:00 a.m. on election day. 7 b. A registered voter may make written application 8 to the commissioner for an absentee ballot. A written 9 application for an absentee ballot must be received 10 by the commissioner no later than 5:00 p.m. on the 11 Friday before the election on the same day as the voter 12 registration deadline provided in section 48A.9 for 13 the election for which the ballot is requested, except 14 when the absentee ballot is requested and voted at the 15 commissioner’s office pursuant to section 53.10 . A 16 written application for an absentee ballot delivered 17 to the commissioner and received by the commissioner 18 more than seventy one hundred twenty days prior to 19 the date of the election shall be retained by the 20 commissioner and processed in the same manner as a 21 written application received not more than seventy days 22 before the date of the election returned to the voter 23 with a notification of the date when the applications 24 will be accepted . 25 4. a. Each application shall contain the following 26 information: 27 (1) The name and signature of the registered voter , 28 the . 29 (2) The registered voter’s date of birth , the . 30 (3) The address at which the voter is registered to 31 vote , and the . 32 (4) The registered voter’s voter verification 33 number. 34 (5) The name or date of the election for which the 35 -3- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 3/ 24
absentee ballot is requested , and such . 1 (6) Such other information as may be necessary 2 to determine the correct absentee ballot for the 3 registered voter. 4 b. If insufficient information has been provided, 5 including the absence of a voter verification number, 6 either on the prescribed form or on an application 7 created by the applicant, the commissioner shall, 8 by the best means available, obtain the additional 9 necessary information. A voter requesting or casting a 10 ballot pursuant to section 53.22 shall not be required 11 to provide a voter verification number. 12 c. For purposes of this subsection, “voter 13 verification number” means the registered voter’s 14 driver’s license number or nonoperator’s identification 15 card number assigned to the voter by the department of 16 transportation or the registered voter’s identification 17 number assigned to the voter by the state commissioner 18 pursuant to section 47.7, subsection 2. 19 8. An application for an absentee ballot that 20 is returned to the commissioner by a person acting 21 as an actual or implied agent for a political party, 22 as defined in section 43.2, or by a candidate , or 23 committee, all both as defined by chapter 68A , shall be 24 returned to the commissioner within seventy-two hours 25 of the time the completed application was received 26 from the applicant or no later than 5:00 p.m. on the 27 Friday before same day as the election deadline under 28 subsection 1, paragraph “b” , whichever is earlier. An 29 application received by a person acting as an actual or 30 implied agent of a political party after the deadline 31 but before the date of the election shall be returned 32 to the commissioner within twenty-four hours. 33 Sec. 7. Section 53.10, Code 2017, is amended by 34 adding the following new subsection: 35 -4- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 4/ 24
NEW SUBSECTION . 2A. A voter shall not vote or 1 offer to vote any ballot except such as the voter has 2 received from the commissioner. A voter voting an 3 absentee ballot at the commissioner’s office shall 4 not take or remove any ballot from the commissioner’s 5 office. 6 DIVISION II 7 VOTER IDENTITY AND SIGNATURE VERIFICATION 8 Sec. 8. Section 48A.2, Code 2017, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION . 4A. “Voter registration card” means 11 a card issued pursuant to section 48A.10A. 12 Sec. 9. Section 48A.7A, subsection 1, paragraph b, 13 subparagraph (1), subparagraph division (c), Code 2017, 14 is amended to read as follows: 15 (c) A United States military or veterans 16 identification card. 17 Sec. 10. Section 48A.7A, subsection 1, paragraph b, 18 subparagraph (2), unnumbered paragraph 1, Code 2017, is 19 amended to read as follows: 20 If the photographic identification presented 21 does not contain the person’s current address in the 22 precinct, the person shall also present one of the 23 following documents that shows the person’s name and 24 current address in the precinct , and the document must 25 be dated, or describe terms of residency current to, 26 within forty-five days prior to presentation : 27 Sec. 11. Section 48A.7A, subsection 1, paragraph c, 28 Code 2017, is amended to read as follows: 29 c. In lieu of paragraph “b” , a person wishing 30 to vote may establish identity and residency in the 31 precinct by written oath of a person who is registered 32 to vote in the precinct. Before signing an oath under 33 this paragraph, the attesting registered voter shall 34 present to the precinct election official proof of 35 -5- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 5/ 24
the voter’s identity, as described in section 49.78, 1 subsection 2. The registered voter’s oath shall 2 attest to the stated identity of the person wishing to 3 vote and that the person is a current resident of the 4 precinct. The oath must be signed by the attesting 5 registered voter in the presence of the appropriate 6 precinct election official. A registered voter who has 7 signed an oath on election day attesting to a person’s 8 identity and residency as provided in this paragraph is 9 prohibited from signing any further oaths as provided 10 in this paragraph on that day. 11 Sec. 12. Section 48A.7A, Code 2017, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 5. a. If a person registers 14 to vote under this section at a polling place that 15 has access to an electronic poll book, the precinct 16 election official shall verify against a database 17 maintained by the state commissioner that the person 18 has not been convicted of a felony or, if the person 19 has been convicted of a felony, the person has had 20 the person’s voting rights restored. If the precinct 21 election official determines that the person has not 22 been convicted of a felony or has been convicted of 23 a felony but the person’s voting rights have been 24 restored, the precinct election official shall furnish 25 a ballot to the voter. If the database indicates that 26 the person has been convicted of a felony and that the 27 person’s voting rights have not been restored, the 28 precinct election official shall challenge the person 29 under section 49.79. 30 b. If a person registers to vote under this section 31 at a polling place that does not have access to an 32 electronic poll book, the person shall be permitted to 33 cast a provisional ballot under section 49.81, and the 34 absentee and special voters precinct board, appointed 35 -6- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 6/ 24
pursuant to section 53.23, shall verify against a 1 database maintained by the state commissioner that the 2 person has not been convicted of a felony or, if the 3 person has been convicted of a felony, the person’s 4 voting rights have been restored. If information in 5 the database indicates that the person has not been 6 convicted of a felony or, if the person has been 7 convicted of a felony, the person’s voting rights have 8 been restored, the voter’s provisional ballot shall be 9 counted. If the database indicates that the person 10 has been convicted of a felony and the person’s voting 11 rights have not been restored, the voter’s provisional 12 ballot shall be rejected. 13 Sec. 13. NEW SECTION . 48A.10A Voter registration 14 cards —— verification of voter registration information. 15 1. The state registrar shall compare lists of 16 persons who are registered to vote with the department 17 of transportation’s driver’s license and nonoperator’s 18 identification card files and shall issue a voter 19 registration card to each active, registered voter 20 whose name does not appear in the department of 21 transportation’s files. 22 2. The commissioner shall issue voter registration 23 cards on an ongoing basis as prescribed by the state 24 registrar for all new registrations and registration 25 updates as a part of the regular voter acknowledgment 26 process required under sections 48A.26 and 48A.26A. 27 3. A person issued a voter registration card under 28 this section shall not be charged any fee for the 29 issuance or delivery of the voter registration card. 30 4. Implementation of this section shall be 31 contingent upon appropriations by the general assembly 32 in sufficient amounts to meet the requirements of this 33 section. 34 5. The state registrar shall adopt rules pursuant 35 -7- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 7/ 24
to chapter 17A to implement this section. 1 Sec. 14. Section 48A.26A, subsection 1, Code 2017, 2 is amended to read as follows: 3 1. Within forty-five twenty-one days of receiving 4 a voter registration form completed under section 5 48A.7A , the commissioner shall send an acknowledgment 6 to the registrant, in the manner provided in section 7 48A.26, subsections 2 through 5 , as applicable, at the 8 mailing address shown on the registration form. The 9 acknowledgment shall be sent by nonforwardable mail and 10 shall include the registrant’s voter registration card 11 and no other type of card . 12 Sec. 15. Section 48A.38, subsection 1, paragraph f, 13 Code 2017, is amended to read as follows: 14 f. The county commissioner of registration and 15 the state registrar of voters shall remove a voter’s 16 whole or partial social security number, as applicable, 17 voter identification number assigned by the state 18 commissioner, Iowa driver’s license number, or Iowa 19 nonoperator’s identification card number from a voter 20 registration list prepared pursuant to this section . 21 Sec. 16. Section 49.53, subsection 1, Code 2017, is 22 amended to read as follows: 23 1. The commissioner shall not less than four 24 nor more than twenty days before the day of each 25 election, except those for which different publication 26 requirements are prescribed by law, publish notice of 27 the election. The notice shall contain a facsimile 28 of the portion of the ballot containing the first 29 rotation as prescribed by section 49.31, subsection 2 , 30 and shall show the names of all candidates or nominees 31 and the office each seeks, and all public questions, 32 to be voted upon at the election. The sample ballot 33 published as a part of the notice may at the discretion 34 of the commissioner be reduced in size relative to 35 -8- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 8/ 24
the actual ballot but such reduction shall not cause 1 upper case letters appearing in candidates’ names or in 2 summaries of public measures on the published sample 3 ballot to be less than nine point type. The notice 4 shall also state the date of the election, the hours 5 the polls will be open, that each voter is required to 6 provide identification at the polling place before the 7 voter can receive and cast a ballot, the location of 8 each polling place at which voting is to occur in the 9 election, and the names of the precincts voting at each 10 polling place, but the statement need not set forth any 11 fact which is apparent from the portion of the ballot 12 appearing as a part of the same notice. The notice 13 shall include the full text of all public measures to 14 be voted upon at the election. 15 Sec. 17. Section 49.77, subsection 1, unnumbered 16 paragraph 1, Code 2017, is amended to read as follows: 17 The board members of their respective precincts 18 shall have charge of the ballots and shall furnish them 19 to the voters after verifying each voter’s identity 20 pursuant to section 49.78 . 21 Sec. 18. Section 49.77, subsection 3, Code 2017, is 22 amended by striking the subsection. 23 Sec. 19. NEW SECTION . 49.78 Voter identity and 24 signature verification. 25 1. To ensure the integrity of, and to instill 26 public confidence in, all elections in this state 27 the general assembly finds that the verification of 28 a voter’s identity is necessary before a voter is 29 permitted to receive and cast a ballot. 30 2. a. Before a precinct election official 31 furnishes a ballot to a voter under section 49.77, 32 the voter shall establish the voter’s identity by 33 presenting the official with one of the following forms 34 of identification for verification: 35 -9- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 9/ 24
(1) An Iowa driver’s license issued pursuant to 1 section 321.189. 2 (2) An Iowa nonoperator’s identification card 3 issued pursuant to section 321.190. 4 (3) A United States passport. 5 (4) A United States military or veterans 6 identification card. 7 b. Upon being presented with a form of 8 identification under this section, the precinct 9 election official shall examine the identification. 10 The precinct election official shall use the 11 information on the identification card, including 12 the signature, to determine whether the person 13 offering to vote appears to be the person depicted 14 on the identification card. The voter’s signature 15 shall generally be presumed to be valid. If the 16 identification provided does not appear to be the 17 person offering to vote under section 49.77, the 18 precinct election official shall challenge the person 19 offering to vote in the same manner provided for other 20 challenges by sections 49.79 and 49.80. A person 21 offering to vote who establishes identity by presenting 22 a veteran’s identification card that does not contain 23 a signature, is not subject to challenge under this 24 paragraph “b” . 25 3. To establish the voter’s identity under this 26 section, a person who is registered to vote but is 27 unable to present a form of identification listed under 28 subsection 2 may present any of the following: 29 a. A current voter registration card provided 30 pursuant to section 48A.10A that contains the voter 31 identification number if the voter registration card 32 is signed before the voter presents the card to the 33 election official. 34 b. Other forms of identification sufficient to 35 -10- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 10/ 24
establish identity and residence under section 48A.7A, 1 subsection 1, paragraph “b” . 2 4. A person who is registered to vote but is unable 3 to present a form of identification under subsection 4 2 or 3 may establish identity and residency in the 5 precinct by written oath of a person who is also 6 registered to vote in the precinct. The attesting 7 registered voter’s oath shall attest to the stated 8 identity of the person wishing to vote and that the 9 person is a current resident of the precinct. The oath 10 must be signed by the attesting registered voter in the 11 presence of the appropriate precinct election official. 12 A registered voter who has signed two oaths on election 13 day attesting to a person’s identity and residency as 14 provided in this subsection is prohibited from signing 15 any further oaths as provided in this subsection on 16 that day. 17 5. The form of the written oath required of 18 a registered voter attesting to the identity and 19 residency of the voter unable to present a form of 20 identification shall read as follows: 21 I, ..... (name of attesting registered voter), do 22 solemnly swear or affirm all of the following: 23 I am a preregistered voter in this precinct or I 24 registered to vote in this precinct today, and a 25 registered voter did not sign an oath on my behalf. I 26 have not signed more than one oath attesting to the 27 identity and residence of any other person in this 28 election. 29 I am a resident of the ... precinct, ... ward or 30 township, city of ....., county of ....., Iowa. 31 I reside at ....... (street address) in ..... (city 32 or township). 33 I personally know ..... (name of voter), and I 34 personally know that ..... (name of voter) is a 35 -11- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 11/ 24
resident of the ... precinct, ..... ward or township, 1 city of ....., county of ....., Iowa. 2 I understand that any false statement in this oath is a 3 class “D” felony punishable by no more than five years 4 in confinement and a fine of at least seven hundred 5 fifty dollars but not more than seven thousand five 6 hundred dollars. 7 ............. 8 Signature of Attesting Registered Voter 9 Subscribed and sworn before me on .. (date). 10 ............. 11 Signature of Precinct Election Official 12 6. A voter who is not otherwise disqualified 13 from voting and who has established identity under 14 subsection 2, 3, or 4 shall be furnished a ballot and 15 be allowed to vote under section 49.77. 16 7. A registered voter who fails to establish the 17 voter’s identity under this section shall be permitted 18 to cast a provisional ballot under section 49.81. 19 8. a. Notwithstanding subsection 7, for any 20 election conducted prior to January 1, 2019, a 21 registered voter who fails to establish the voter’s 22 identity under this section shall be permitted to vote 23 upon signing an oath attesting to the voter’s identity. 24 The form of the written oath required of the person 25 voting under this subsection shall read as follows: 26 My name is ............., and I am a United States 27 citizen, 28 at least eighteen years of age. I am the person named 29 above, I 30 am a registered voter of this county, and I am eligible 31 to vote 32 in this election. 33 ............. 34 (signature of voter) (date) 35 -12- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 12/ 24
b. This subsection is repealed July 1, 2019. 1 Sec. 20. Section 49.81, Code 2017, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION . 1A. A prospective voter who is 4 unable to establish identity under section 49.78, 5 subsection 2, paragraph “a” , or section 49.78, 6 subsection 3 or 4, shall be notified by the appropriate 7 precinct election official that the voter may cast a 8 provisional ballot. The voter shall mark the ballot 9 and immediately seal it in an envelope of the type 10 prescribed by subsection 4. The voter shall deliver 11 the sealed envelope to a precinct election official who 12 shall deposit it in an envelope marked “provisional 13 ballots”. The ballot shall be considered as having 14 been cast in the special precinct established by 15 section 53.20 for purposes of the postelection canvass. 16 Sec. 21. Section 49.124, Code 2017, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 3. The training course and the 19 continuing education program under this section shall 20 include practical and holistic instruction on the 21 criteria for determining whether a person meets the 22 requirements for establishing identity under section 23 49.78, subsection 2, consistent with all voting rights 24 and nondiscrimination provisions of federal and state 25 law. The state commissioner of elections shall adopt 26 rules pursuant to chapter 17A to implement instruction 27 required under this subsection. 28 Sec. 22. Section 53.2, Code 2017, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 4A. The commissioner may dispute 31 an application if it appears to the commissioner 32 that the signature on the application has been 33 signed by someone other than the registered voter, 34 in comparing the signature on the application to the 35 -13- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 13/ 24
signature on record of the registered voter named 1 on the application. If the commissioner disputes a 2 registered voter’s application under this subsection, 3 the commissioner shall notify the registered voter and 4 the registered voter may submit a new application and 5 signature or update the registered voter’s signature 6 on record, as provided by rule adopted by the state 7 commissioner. 8 Sec. 23. Section 53.18, subsection 3, Code 2017, is 9 amended to read as follows: 10 3. If the affidavit envelope or the return 11 envelope marked with the affidavit contains a defect 12 that would cause the absentee ballot to be rejected 13 by the absentee and special voters precinct board, 14 the commissioner shall immediately notify the voter 15 of that fact and that the voter’s absentee ballot 16 shall not be counted unless the voter requests and 17 returns a replacement ballot in the time permitted 18 under section 53.17, subsection 2 . For the purposes 19 of this section, a return envelope marked with the 20 affidavit shall be considered to contain a defect if 21 it appears to the commissioner that the signature on 22 the envelope has been signed by someone other than the 23 registered voter, in comparing the signature on the 24 envelope to the signature on record of the registered 25 voter named on the envelope. A signature or marking 26 made in accordance with section 39.3, subsection 17, 27 shall not be considered a defect for purposes of this 28 section. The voter may request a replacement ballot 29 in person, in writing, or over the telephone. The 30 same serial number that was assigned to the records 31 of the original absentee ballot application shall be 32 used on the envelope and records of the replacement 33 ballot. The envelope marked with the affidavit and 34 containing the completed replacement ballot shall be 35 -14- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 14/ 24
marked “Replacement ballot”. The envelope marked with 1 the affidavit and containing the original ballot shall 2 be marked “Defective” and the replacement ballot shall 3 be attached to such envelope containing the original 4 ballot and shall be stored in a secure place until 5 they are delivered to the absentee and special voters 6 precinct board, notwithstanding sections 53.26 and 7 53.27 . 8 Sec. 24. Section 53.22, Code 2017, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION . 7. The proof of identity 11 requirements under section 49.78 shall not apply to a 12 voter casting a ballot pursuant to this section. 13 Sec. 25. Section 53.25, Code 2017, is amended to 14 read as follows: 15 53.25 Rejecting ballot. 16 1. a. If the absentee voter’s affidavit lacks 17 the voter’s signature, if the applicant is not a duly 18 registered voter on election day in the precinct where 19 the absentee ballot was cast, if the envelope marked 20 with the affidavit contains more than one ballot of any 21 one kind, or if the voter has voted in person, such 22 vote shall be rejected by the absentee and special 23 voters precinct board. If the affidavit envelope or 24 return envelope marked with the affidavit is open, or 25 has been opened and resealed, or if the ballot is not 26 enclosed in such envelope, and an affidavit envelope or 27 return envelope marked with the affidavit with the same 28 serial number and marked “Replacement ballot” is not 29 attached as provided in section 53.18 , the vote ballot 30 shall be rejected by the absentee and special voters 31 precinct board. 32 b. If a voter casts a provisional ballot pursuant 33 to section 49.78, subsection 7, and the voter has 34 failed to establish the voter’s identity at the 35 -15- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 15/ 24
commissioner’s office, the provisional ballot shall be 1 rejected by the absentee and special voters precinct 2 board. 3 2. If the absentee or provisional ballot is 4 rejected prior to the opening of the affidavit envelope 5 or return envelope marked with the affidavit, the voter 6 casting the ballot shall be notified by a precinct 7 election official by the time the canvass is completed 8 of the reason for the rejection on a form prescribed by 9 the state commissioner of elections. 10 Sec. 26. SEVERABILITY. If any provision of 11 this division of this Act or the application of any 12 provision of this division of this Act to any person 13 or circumstance is held invalid, the invalidity shall 14 not affect other provisions of the division which can 15 be given effect without the invalid provisions or 16 application of the invalid provisions, and to this end, 17 the provisions of the division are severable. 18 Sec. 27. EFFECTIVE DATE. This division of this Act 19 takes effect upon the appropriation of moneys by the 20 general assembly to the state commissioner of elections 21 in an amount sufficient for implementation of section 22 48A.10A as declared by the general assembly. 23 Sec. 28. APPLICABILITY. This division of this Act 24 applies to elections held on or after the effective 25 date of this division of this Act. 26 DIVISION III 27 POLLING PLACES 28 Sec. 29. NEW SECTION . 47.11 Electronic poll book 29 and polling place technology program —— revolving loan 30 fund. 31 1. An electronic poll book and polling place 32 technology program is created and an electronic poll 33 book and polling place technology revolving loan fund 34 is created in the state treasury under the control of 35 -16- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 16/ 24
the state commissioner. The program and revolving loan 1 fund shall be administered by the state commissioner 2 and the revolving loan fund shall include moneys 3 allocated from the state commissioner’s budget and 4 any other moneys obtained or accepted by the state 5 commissioner for deposit in the revolving loan fund. 6 2. a. The state commissioner may loan moneys in 7 the revolving loan fund to county commissioners for the 8 purchase or update of electronic poll book and polling 9 place technology. 10 b. Moneys loaned under this subsection shall be 11 used, in accordance with section 49.28, to furnish 12 electronic poll books to election precincts for the 13 purpose of modernizing polling places throughout the 14 state. 15 c. The state commissioner may spend an amount 16 not to exceed thirty percent of the moneys in the 17 revolving loan fund at the beginning of a fiscal 18 year to administer polling place technology to ensure 19 compliance with state standards of technological 20 security and the protection of personally identifiable 21 information. 22 3. A loan made under this section shall bear no 23 interest. 24 4. Notwithstanding section 12C.7, subsection 2, 25 interest or earnings on moneys in the revolving loan 26 fund shall be credited to the revolving loan fund. 27 Notwithstanding section 8.33, moneys in the revolving 28 loan fund that remain unencumbered or unobligated at 29 the close of a fiscal year shall not revert to any 30 other fund but shall remain available in the revolving 31 loan fund for the purposes designated. 32 5. The state commissioner shall adopt rules 33 pursuant to chapter 17A to administer this section. 34 Sec. 30. Section 49.88, subsection 1, Code 2017, is 35 -17- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 17/ 24
amended to read as follows: 1 1. No more than one person shall be allowed 2 to occupy any voting booth at any time. The use 3 of cameras, cellular telephones, pagers, or other 4 electronic communications devices in the voting booth 5 photographic devices and the display of voted ballots 6 is prohibited if such use or display is for purposes 7 prohibited under chapter 39A, interferes with other 8 voters, or interferes with the orderly operation of the 9 polling place . 10 DIVISION IV 11 ELECTION CERTIFICATION AND AUDITS 12 Sec. 31. Section 39.2, subsection 1, paragraph a, 13 Code 2017, is amended to read as follows: 14 a. All special elections which are authorized or 15 required by law, unless the applicable law otherwise 16 requires, shall be held on Tuesday. A special election 17 shall not be held on the first, second, and third , and 18 fourth Tuesdays preceding and following the primary and 19 the general elections. 20 Sec. 32. NEW SECTION . 49.128 Commissioner filings 21 and notifications. 22 1. No later than twenty days following a general 23 election, the commissioner shall place on file in the 24 commissioner’s office a certification that the county 25 met the following requirements at the general election: 26 a. The testing of voting equipment was performed, 27 as required under section 52.35. 28 b. The election personnel training course was 29 conducted, as required under section 49.124. 30 c. Polling places met accessibility standards, as 31 required under section 49.21. 32 d. The schedule of required publications was 33 adhered to, as required under section 49.53. 34 e. The commissioner has complied with 35 -18- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 18/ 24
administrative rules adopted by the state commissioner 1 under chapter 52, including having a written voting 2 system security plan. 3 2. a. If the county is required to conduct an 4 audit under section 50.51, the commissioner shall 5 include a copy of the results with the certification 6 required under this section. 7 b. If a county is not required to conduct an audit 8 under section 50.51, the commissioner shall include a 9 copy of the certification required under this section 10 along with the election canvass summary report required 11 under section 50.30A. 12 3. The commissioner shall file a copy of the 13 certification under this section with the state 14 commissioner. 15 4. The commissioner shall promptly notify the state 16 commissioner of each suspected incidence of election 17 misconduct that the commissioner has referred to other 18 agencies or law enforcement for investigation. 19 5. The state commissioner shall prescribe a form 20 for use by the county commissioners. 21 Sec. 33. Section 50.12, Code 2017, is amended to 22 read as follows: 23 50.12 Return and preservation of ballots. 24 Immediately after making the proclamation, and 25 before separating, the board members of each precinct 26 in which votes have been received by paper ballot shall 27 enclose in an envelope or other container all ballots 28 which have been counted by them, except those endorsed 29 “Rejected as double”, “Defective”, or “Objected to”, 30 and securely seal the envelope. The signatures of 31 all board members of the precinct shall be placed 32 across the seal or the opening of the container so 33 that it cannot be opened without breaking the seal. 34 The precinct election officials shall return all 35 -19- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 19/ 24
the ballots to the commissioner, who shall carefully 1 preserve them for six months. Ballots from elections 2 for federal offices shall be preserved for twenty-two 3 months. The sealed packages containing voted ballots 4 shall be opened only for an official recount authorized 5 by section 50.48 , 50.49 , or 50.50 , for an election 6 contest held pursuant to chapters 57 through 62 , to 7 conduct an audit pursuant to section 50.51, or to 8 destroy the ballots pursuant to section 50.19 . 9 Sec. 34. NEW SECTION . 50.51 Election audits. 10 1. After each general election, the state 11 commissioner shall, with the cooperation of the county 12 commissioners, conduct an audit of the official canvass 13 of votes from the preceding general election. 14 2. The state commissioner shall determine the 15 number of counties and precincts to be audited and 16 shall select the precincts to be audited by lot. The 17 absentee ballot and special voters precinct for each 18 county, established pursuant to section 53.20, shall 19 be included with all other precincts of the county 20 for selection by lot. In every precinct selected, 21 the commissioner shall conduct a hand count of all 22 ballots cast in the preceding general election for 23 president of the United States or governor, as the 24 case may be. The hand count shall be observed by a 25 representative selected by each of the two political 26 parties whose candidates received the highest number of 27 votes statewide in the preceding general election. 28 3. a. The commissioner may order an administrative 29 recount pursuant to section 50.50 if the commissioner 30 determines the results of an audit require an 31 administrative recount. 32 b. If selected to conduct an audit, the 33 commissioner shall provide an audit report to the 34 county board of supervisors and shall transmit the 35 -20- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 20/ 24
audit report to the state commissioner no later than 1 twenty days following the election. 2 4. The results of an audit conducted pursuant 3 to this section shall not change the results, or 4 invalidate the certification, of an election. 5 5. In advance of any other election, the state 6 commissioner may order an audit of the election in the 7 manner provided in this section. 8 6. The state commissioner shall adopt rules, 9 pursuant to chapter 17A, to implement this section. 10 DIVISION V 11 VOTER MISCONDUCT INFORMATION AND REPORTING 12 Sec. 35. Section 48A.26A, Code 2017, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 3. A county attorney receiving 15 a notification pursuant to subsection 2 shall review 16 the voter’s registration documents and other such 17 information as may be necessary, and report the 18 findings to the commissioner and state registrar of 19 voters. 20 Sec. 36. NEW SECTION . 48A.27A Voting more than 21 once —— referral and examination. 22 1. If the state registrar of voters receives 23 information from another jurisdiction that a registered 24 voter of this state may have voted or attempted 25 to vote more than once in the same election, the 26 state registrar shall provide the information to the 27 appropriate commissioner. 28 2. If a commissioner receives information from the 29 state registrar of voters or from another jurisdiction 30 that a registered voter may have voted or attempted 31 to vote more than once in the same election, the 32 commissioner shall provide the information to the 33 county attorney in each jurisdiction where the voter 34 voted or attempted to vote. A county attorney of 35 -21- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 21/ 24
this state that is provided such information shall 1 examine the information and report any findings to the 2 commissioner. 3 DIVISION VI 4 STRAIGHT PARTY VOTING 5 Sec. 37. Section 49.37, subsection 1, Code 2017, is 6 amended to read as follows: 7 1. For general elections, and for other elections 8 in which more than one partisan office will be filled, 9 the first section of the ballot shall be for straight 10 party voting arranged as provided in this section . 11 a. Each political party or organization which has 12 nominated candidates for more than one office shall be 13 listed. Instructions to the voter for straight party 14 or organization voting shall be in substantially the 15 following form: 16 To vote for all candidates from a single party or 17 organization, mark the voting target next to the party 18 or organization name. Not all parties or organizations 19 have nominated candidates for all offices. Marking a 20 straight party or organization vote does not include 21 votes for nonpartisan offices, judges, or questions. 22 b. Political parties and nonparty political 23 organizations which have nominated candidates for only 24 one office shall be listed below the other political 25 organizations under the following heading: 26 Other Political Organizations. The following 27 organizations have nominated candidates for only one 28 office: 29 c. Offices shall be arranged in groups. Partisan 30 offices, nonpartisan offices, judges, and public 31 measures shall be separated by a distinct line 32 appearing on the ballot. 33 Sec. 38. Section 49.37, Code 2017, is amended by 34 adding the following new subsection: 35 -22- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 22/ 24
NEW SUBSECTION . 1A. Offices shall be arranged in 1 groups. Partisan offices, nonpartisan offices, judges, 2 and public measures shall be separated by a distinct 3 line appearing on the ballot. 4 Sec. 39. Section 49.57, subsection 2, Code 2017, is 5 amended to read as follows: 6 2. In the area of the general election ballot for 7 straight party voting, the party or organization names 8 shall be printed in upper case and lower case letters 9 using a uniform font size for each political party or 10 nonparty political organization. The font size shall 11 be not less than twelve point type. After the name 12 of each candidate for a partisan office the name of 13 the candidate’s political party shall be printed in at 14 least six point type. The names of political parties 15 and nonparty political organizations may be abbreviated 16 on the remainder of the ballot if both the full name 17 and the abbreviation appear in the “Straight Party” and 18 “Other Political Party” areas of the ballot. 19 Sec. 40. Section 49.98, Code 2017, is amended to 20 read as follows: 21 49.98 Counting ballots. 22 The ballots shall be counted according to the 23 voters’ marks on them as provided in sections 49.92 24 to 49.97 and 49.93 , and not otherwise. If, for any 25 reason, it is impossible to determine from a ballot, 26 as marked, the choice of the voter for any office, the 27 vote for that office shall not be counted. When there 28 is a conflict between a straight party or organization 29 vote for one political party or nonparty political 30 organization and the vote cast by marking the voting 31 target next to the name of a candidate for another 32 political party or nonparty political organization on 33 the ballot, the mark next to the name of the candidate 34 shall be held to control, and the straight party or 35 -23- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 23/ 24
organization vote in that case shall not apply as to 1 that office. A ballot shall be rejected if the voter 2 used a mark to identify the voter’s ballot. For each 3 voting system, the The state commissioner shall, by 4 rule adopted pursuant to chapter 17A , develop uniform 5 definitions of what constitutes a vote. 6 Sec. 41. REPEAL. Sections 49.94, 49.95, 49.96, and 7 49.97, Code 2017, are repealed. 8 DIVISION VII 9 PUBLIC EDUCATION 10 Sec. 42. PUBLIC EDUCATION. The state commissioner 11 of elections shall, in consultation with the county 12 commissioners of elections and other relevant 13 stakeholder groups, develop and implement a 14 comprehensive and statewide public education plan, 15 including multimedia advertising, in order to 16 inform the voters of this state of the election day 17 identification requirements contained in this Act. > 18 2. Title page, line 4, by striking < certifications > 19 and inserting < duties and certifications, voter 20 misconduct information and reporting, straight party 21 voting, > 22 3. By renumbering as necessary. 23 ______________________________ ROBY SMITH -24- SF474.1349 (1) 87 (amending this SF 474 to CONFORM to HF 516) aw/jh 24/ 24 #2. #3.