Senate Amendment to House File 2486 H-8256 Amend House File 2486, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 SECRETARY OF STATE EMERGENCY POWERS 5 Section 1. Section 47.1, subsection 2, Code 2020, is amended 6 to read as follows: 7 2. The state commissioner of elections may exercise 8 emergency powers over any election being held in a district in 9 which either a natural or other disaster or extremely inclement 10 weather has occurred within twenty-one days of the election . 11 The state commissioner of elections may also exercise emergency 12 powers during an armed conflict involving United States armed 13 forces, or mobilization of those forces, or if an election 14 contest court finds that there were errors in the conduct of 15 an election making it impossible to determine the result. The 16 state commissioner of elections shall exercise emergency powers 17 as provided in section 47.12. 18 Sec. 2. Section 47.1, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 2A. The general assembly may, by concurrent 21 resolution, rescind an emergency declaratory order. If the 22 general assembly is not in session, the legislative council 23 may, by a majority vote, rescind the emergency declaration 24 order. Rescission shall be effective upon filing of the 25 concurrent resolution or vote of the legislative council with 26 the secretary of state. 27 Sec. 3. Section 47.1, subsection 4, Code 2020, is amended by 28 striking the subsection. 29 Sec. 4. NEW SECTION . 47.12 Emergency election procedures. 30 1. For purposes of this section: 31 a. “Election contest court” means any of the courts 32 specified in sections 57.1, 58.4, 61.1, 62.1A, and 376.10. 33 b. “Extremely inclement weather” means a natural occurrence, 34 such as a rainstorm, windstorm, ice storm, blizzard, tornado, 35 -1- HF2486.4309.S (2) 88 mb 1/ 27 #1.
or other weather conditions, that makes travel extremely 1 dangerous, that threatens the public health and safety, or that 2 damages and destroys public and private property. 3 c. “Natural disaster” means a natural occurrence, such 4 as a fire, flood, blizzard, earthquake, tornado, windstorm, 5 ice storm, or other events, that threatens the public health 6 and safety or that damages and destroys public and private 7 property. 8 d. “Other disaster” means an occurrence caused by machines 9 or people, such as fire, hazardous substance, or nuclear power 10 plant accident or incident, that threatens the public health 11 and safety or that damages and destroys public and private 12 property. 13 2. The county commissioner of elections, or the county 14 commissioner’s designee, may notify the state commissioner 15 that due to a natural or other disaster or extremely inclement 16 weather an election cannot safely be conducted in the time 17 or place for which the election is scheduled to be held. If 18 the county commissioner or the county commissioner’s designee 19 is unable to transmit notice of the hazardous conditions, 20 the notice may be given by any elected county official. 21 Verification of the county commissioner’s agreement with the 22 severity of the conditions and the danger to the election 23 process shall be transmitted to the state commissioner as soon 24 as possible. Notice may be given by telephone, electronic 25 mail, or by facsimile machine, but a signed notice shall also 26 be delivered to the state commissioner. 27 3. After receiving notice of hazardous conditions, the 28 state commissioner, or the state commissioner’s designee, may 29 declare that an emergency exists in the affected precinct or 30 precincts. A copy of the declaration of the emergency shall 31 be provided to the county commissioner and posted on the 32 internet site for both the state commissioner and the county 33 commissioner. 34 4. a. When the state commissioner has declared that an 35 -2- HF2486.4309.S (2) 88 mb 2/ 27
emergency exists due to a natural or other disaster or to 1 extremely inclement weather, the county commissioner, or the 2 county commissioner’s designee, shall consult with the state 3 commissioner to develop a plan to conduct the election under 4 the emergency conditions. 5 b. Modifications may be made to the method for conducting 6 the election including relocation of polling places, 7 postponement of the hour of opening the polls, postponement of 8 the date of the election if no candidates for federal offices 9 are on the ballot, reduction in the number of precinct election 10 officials in nonpartisan elections, or other reasonable and 11 prudent modifications that will permit the election to be 12 conducted, but no modifications shall be made to requirements 13 for voter identification and absentee ballot request 14 and delivery. All modifications to the usual method for 15 conducting elections shall be approved in advance by the state 16 commissioner unless prior approval is impossible to obtain. 17 c. If an emergency exists in all precincts of a county, 18 the number of polling places shall not be reduced by more than 19 thirty-five percent. The polling places allowed to open shall 20 be equitably distributed in the county based on the ratio of 21 regular polling places located in unincorporated areas in the 22 county to regular polling places in incorporated areas in the 23 county. 24 5. a. A substitute polling place shall be as close as 25 possible to the originally designated polling place and shall 26 be within the same precinct if possible. Preference shall 27 be given to buildings that are accessible to the elderly and 28 disabled. Public buildings shall be made available without 29 charge by the authorities responsible for their administration. 30 If necessary, more than one precinct may be located in the same 31 room. 32 b. A notice of the location of the substitute polling place 33 shall be posted on the door of the former polling place not 34 later than one hour before the scheduled time for opening the 35 -3- HF2486.4309.S (2) 88 mb 3/ 27
polls or as soon as possible. If it is unsafe or impossible 1 to post the sign on the door of the former polling place, the 2 notice shall be posted in some other visible place at or near 3 the site of the former polling place. If time permits, notice 4 of the relocation of the polling place shall be published in 5 the same newspaper in which notice of election was published, 6 otherwise notice of relocation may be published in any 7 newspaper of general circulation in the political subdivision 8 that will appear on or before election day. The county 9 commissioner shall inform all broadcast media and print news 10 organizations serving the jurisdiction of the modifications and 11 publish a notice on the county commissioner’s internet site. 12 6. An election, other than an election at which a federal 13 office appears on the ballot, may be postponed until the 14 following Tuesday. If the election involves more than one 15 precinct, the postponement must include all precincts within 16 the political subdivision. If the election is postponed, 17 ballots shall not be reprinted to reflect the modification in 18 the election date. The date of the close of voter registration 19 by mail for the election shall not be extended. Precinct 20 election registers prepared for the original election date may 21 be used or reprinted at the commissioner’s discretion. Except 22 as provided in this section, a postponed election shall be 23 conducted in the same manner as an election taking place on the 24 regularly scheduled election day. 25 7. a. Absentee ballots shall be delivered to voters 26 pursuant to section 53.22 until the date the election is 27 actually held. Absentee ballots shall be accepted at the 28 commissioner’s office until the hour the polls close on 29 the date the election is held. Absentee ballots that are 30 postmarked no later than the day before the election is 31 actually held or that bear a barcode traceable to a date of 32 entry into the federal mail system no later than the day before 33 the election is actually held shall be accepted if received no 34 later than the length of time prescribed for the usual conduct 35 -4- HF2486.4309.S (2) 88 mb 4/ 27
of the election. The time shall be calculated from the date on 1 which the election is held, not the date for which the election 2 was originally scheduled. 3 b. If absentee ballots have been tabulated before the 4 election is postponed, the absentee ballots shall be sealed in 5 an envelope by the absentee and special voters precinct board 6 and stored securely until the date the election is actually 7 held. The sealed envelopes shall be opened by the absentee 8 and special voters precinct board on the date the election is 9 actually held, counters on the tabulating equipment, if any, 10 shall be reset to zero, and all absentee ballots tabulated on 11 the original election date shall be retabulated. 12 8. The absentee and special voters precinct board shall 13 meet to consider provisional ballots at the times specified in 14 sections 50.22 and 52.23, calculated from the date the election 15 is held. No absentee ballots shall be counted until the date 16 the election is held. 17 9. The canvass of votes shall be rescheduled for one week 18 after the originally scheduled canvass date. 19 10. a. If the emergency is declared while the polls are 20 open and the decision is made to postpone the election, each 21 precinct polling place in the political subdivision shall be 22 notified to close its doors and to halt all voting immediately. 23 People present in the polling place who are waiting to vote 24 shall not be given ballots. People who have received and 25 marked their ballots shall deposit them in the ballot box. 26 Unmarked ballots shall be returned to the precinct election 27 officials. 28 b. The precinct election officials shall seal all ballots 29 that were cast before the declaration of the emergency in 30 secure containers. The containers shall be clearly marked as 31 ballots from the postponed election. If it is safe to do so, 32 the ballot containers, election register, and other election 33 supplies shall be transported to the county commissioner’s 34 office. The ballots shall be stored in a secure place. If 35 -5- HF2486.4309.S (2) 88 mb 5/ 27
it is unsafe to travel to the county commissioner’s office, 1 the chairperson of the precinct election board shall securely 2 store the ballots and the election register until it is safe 3 to return the ballots and election register to the county 4 commissioner. If no contest is pending six months after the 5 canvass for the election is completed, the unopened, sealed 6 ballot containers shall be destroyed. 7 c. If automatic tabulating equipment is used, the automatic 8 tabulating equipment shall be closed and sealed without 9 printing the results. Before the date the election is held, 10 the automatic tabulating equipment shall be reset to zero. 11 Documents showing the progress of the count, if any, shall be 12 sealed in an envelope and stored. No person shall reveal the 13 progress of the count. After six months, the sealed envelope 14 containing the vote totals shall be destroyed if no contest is 15 pending. 16 11. The state commissioner shall maintain records of each 17 emergency declaration. The records of emergency declarations 18 for federal elections shall be kept for twenty-two months 19 and records for all other elections shall be kept for six 20 months following the election. The records shall include the 21 following information: 22 a. The county in which the emergency occurred. 23 b. The date and time the emergency declaration was 24 requested. 25 c. The name and title of the person making the request. 26 d. The name and date of the election affected. 27 e. The jurisdiction for which the election is to be 28 conducted. 29 f. The number of precincts in the jurisdiction. 30 g. The number of precincts affected by the emergency. 31 h. The nature of the emergency. 32 i. The date or dates of the occurrence of the natural or 33 other disaster or extremely inclement weather. 34 j. The conditions affecting the conduct of the election. 35 -6- HF2486.4309.S (2) 88 mb 6/ 27
k. Whether the polling places may safely be opened on time. 1 l. Any action taken such as but not limited to moving the 2 polling place, changing the voting system, or postponing the 3 election until the following Tuesday. 4 m. The method to be used to inform the public of changes 5 made in the election procedure. 6 n. The signature of the state commissioner or the state 7 commissioner’s designee who was responsible for declaring the 8 emergency. 9 12. a. (1) If an emergency occurs that will adversely 10 affect the conduct of an election at which candidates for 11 federal office will appear on the ballot, the election shall 12 not be postponed or delayed. Emergency measures shall be 13 limited to relocation of polling places, modification of 14 the method of voting not including requirements for voter 15 identification and absentee ballot request and delivery, 16 reduction of the number of precinct election officials at 17 a precinct, and other modifications of prescribed election 18 procedures that will enable the election to be conducted on the 19 date and during the hours required by law. 20 (2) The primary election held in June of even-numbered years 21 and the general election held in November of even-numbered 22 years shall not be postponed. Special elections called by 23 the governor pursuant to section 69.14 shall not be postponed 24 unless no federal office appears on the ballot. 25 b. If a federal or state court order extends the time 26 established for closing the polls pursuant to section 49.73, 27 any person who votes after the statutory hour for closing the 28 polls shall vote only by casting a provisional ballot pursuant 29 to section 49.81. Provisional ballots cast after the statutory 30 hour for closing the polls shall be sealed in a separate 31 envelope from provisional ballots cast during the statutory 32 polling hours. The absentee and special voters precinct board 33 shall tabulate and report the results of the two sets of 34 provisional ballots separately. 35 -7- HF2486.4309.S (2) 88 mb 7/ 27
13. A voter who is entitled to vote by absentee ballot under 1 the federal Uniformed and Overseas Citizens Absentee Voting 2 Act, 42 U.S.C. §1973ff et seq., and the provisions set forth 3 in chapter 53, subchapter II, may return an absentee ballot 4 via electronic transmission only if the voter is located in an 5 area designated by the federal department of defense to be an 6 imminent danger pay area or if the voter is an active member of 7 the army, navy, marine corps, merchant marine, coast guard, air 8 force, or Iowa national guard and is located outside the United 9 States or any of its territories. Procedures for the return of 10 absentee ballots by electronic transmission shall be determined 11 by the state commissioner by rule. 12 14. a. If an election contest court finds that there were 13 errors in the conduct of an election that make it impossible 14 to determine the result of the election, the contest court 15 shall notify the state commissioner of its finding. The state 16 commissioner shall order a repeat election to be held. The 17 repeat election date shall be set by the state commissioner. 18 The repeat election shall be conducted under the state 19 commissioner’s supervision. 20 b. The repeat election shall be held at the earliest 21 possible time, but it shall not be held earlier than fourteen 22 days after the date the election was set aside. Voter 23 registration, publication, equipment testing, and other 24 applicable deadlines shall be calculated from the date of the 25 repeat election. 26 c. The repeat election shall be conducted under the same 27 procedures required for the election that was set aside, 28 except that all known errors in preparation and procedure 29 shall be corrected. The nominations from the initial election 30 shall be used in the repeat election unless the contest court 31 specifically rejects the initial nomination process in its 32 findings. Precinct election officials for the repeat election 33 may be replaced at the discretion of the auditor. 34 d. The following materials prepared for the original 35 -8- HF2486.4309.S (2) 88 mb 8/ 27
election shall be used or reconstructed for the repeat 1 election: 2 (1) Ballots showing the date of repeat election, which may 3 be stamped on ballots printed for the original election. 4 (2) Notice of election showing the date of repeat election. 5 DIVISION II 6 COUNTY SEALS 7 Sec. 5. Section 331.552, subsection 4, Code 2020, is amended 8 to read as follows: 9 4. a. Keep the official county seal provided by the county. 10 The official seal shall be an impression seal on the face of 11 which shall appear the name of the county, the word “county” 12 which may be abbreviated, the word “treasurer” which may be 13 abbreviated, and the word “Iowa”. A county shall have only one 14 official county seal. 15 b. Notwithstanding paragraph “a” , the county commissioner 16 of elections may use a facsimile of the official county seal 17 or a modified facsimile of the official county seal for the 18 purposes of election duties set forth in sections 43.36 and 19 49.51, and section 49.57, subsection 6. If modified, the 20 county seal shall contain the name of the county, the word 21 “county”, which may be abbreviated, the word “auditor”, which 22 may be abbreviated, and the word “Iowa”. 23 DIVISION III 24 VOTER IDENTIFICATION 25 Sec. 6. Section 53.2, subsection 4, paragraph a, unnumbered 26 paragraph 1, Code 2020, is amended to read as follows: 27 Each application shall contain the following information To 28 request an absentee ballot, a registered voter shall provide : 29 Sec. 7. Section 53.2, subsection 4, paragraph b, Code 2020, 30 is amended to read as follows: 31 b. If insufficient information has been provided, including 32 the absence of a voter verification number, either on the 33 prescribed form or on an application created by the applicant, 34 the commissioner shall, by the best means available, obtain 35 -9- HF2486.4309.S (2) 88 mb 9/ 27
the additional necessary information within twenty-four hours 1 after the receipt of the absentee ballot request, contact the 2 applicant by telephone and electronic mail, if such information 3 has been provided by the applicant. If the commissioner is 4 unable to contact the applicant by telephone or electronic 5 mail, the commissioner shall send a notice to the applicant 6 at the address where the applicant is registered to vote, or 7 to the applicant’s mailing address if it is different from 8 the residential address. If the applicant has requested the 9 ballot to be sent to an address that is not the applicant’s 10 residential or mailing address, the commissioner shall send an 11 additional notice to the address where the applicant requested 12 the ballot to be sent. A commissioner shall not use the voter 13 registration system to obtain additional necessary information . 14 A voter requesting or casting a ballot pursuant to section 15 53.22 shall not be required to provide a voter verification 16 number. 17 Sec. 8. Section 53.2, subsection 4, Code 2020, is amended by 18 adding the following new paragraph: 19 NEW PARAGRAPH . d. If an applicant does not have current 20 access to the applicant’s voter verification number, the 21 commissioner shall verify the applicant’s identity prior to 22 supplying the voter verification number by asking the applicant 23 to provide at least two of the following facts about the 24 applicant: 25 (1) Date of birth. 26 (2) The last four digits of the applicant’s social security 27 number, if applicable. 28 (3) Residential address. 29 (4) Mailing address. 30 (5) Middle name. 31 (6) Voter verification number as defined in paragraph “c” . 32 Sec. 9. Section 53.10, subsection 2, paragraph a, Code 2020, 33 is amended to read as follows: 34 a. Each person who wishes to vote by absentee ballot at 35 -10- HF2486.4309.S (2) 88 mb 10/ 27
the commissioner’s office shall first sign an application 1 for a ballot including the following information: name, 2 current address, voter verification number, and the election 3 for which the ballot is requested. The person may report a 4 change of address or other information on the person’s voter 5 registration record at that time. Prior to furnishing a 6 ballot, the commissioner shall verify the person’s identity 7 as provided in section 49.78. The registered voter shall 8 immediately mark the ballot; enclose the ballot in a secrecy 9 envelope, if necessary, and seal it in the envelope marked 10 with the affidavit; subscribe to the affidavit on the reverse 11 side of the envelope; and return the absentee ballot to the 12 commissioner. The commissioner shall record the numbers 13 appearing on the application and affidavit envelope along with 14 the name of the registered voter. 15 Sec. 10. Section 53.10, subsection 2, Code 2020, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . 0b. If an unregistered person offering 18 to vote an absentee ballot pursuant to this section prior to 19 the deadline in section 48A.9 does not have an Iowa driver’s 20 license, an Iowa nonoperator’s identification card, or a voter 21 identification number assigned to the voter by the state 22 commissioner pursuant to section 47.7, subsection 2, the person 23 may satisfy identity and residence requirements as provided in 24 section 49.78. This section shall also apply to a registered 25 voter casting a ballot pursuant to this section who has not yet 26 received a voter verification number. 27 Sec. 11. Section 53.18, subsections 2 and 3, Code 2020, are 28 amended to read as follows: 29 2. a. If the commissioner receives the return envelope 30 containing the completed absentee ballot by 5:00 p.m. on the 31 Saturday before the election for general elections and by 5:00 32 p.m. on the Friday before the election for all other elections, 33 the commissioner shall review the affidavit marked on the 34 return envelope, if applicable, for completeness or shall open 35 -11- HF2486.4309.S (2) 88 mb 11/ 27
the return envelope to review the affidavit for completeness. 1 If the affidavit is incomplete, the commissioner shall, within 2 twenty-four hours of the time the envelope was received, notify 3 the voter of that fact and that the voter may complete the 4 affidavit in person at the office of the commissioner by 5:00 5 p.m. on the day before the election, vote a replacement ballot 6 in the manner and within the time period provided in subsection 7 3 , or appear at the voter’s precinct polling place on election 8 day and cast a ballot in accordance with section 53.19, 9 subsection 3 . If the affidavit lacks the signature of the 10 registered voter, the commissioner shall, within twenty-four 11 hours of the receipt of the envelope, notify the voter of the 12 deficiency and inform the voter that the voter may vote a 13 replacement ballot as provided in subsection 3, cast a ballot 14 as provided in section 53.19, subsection 3, or complete the 15 affidavit in person at the office of the commissioner not later 16 than noon on the Monday following the election, or if the law 17 authorizing the election specifies that the votes be canvassed 18 earlier than the Monday following the election, before the 19 canvass of the election. 20 b. If the commissioner receives the return envelope 21 containing the completed absentee ballot after the deadline 22 in paragraph “a” , the commissioner shall submit the affidavit 23 to the absentee and special voters precinct board for review. 24 If the absentee and special voters precinct determines that 25 the affidavit is incomplete, the commissioner shall, within 26 twenty-four hours of the determination, notify the voter. If 27 the affidavit lacks the signature of the registered voter, the 28 commissioner shall notify the voter that the voter may complete 29 the affidavit in person at the office of the commissioner 30 not later than noon on the Monday following the election, or 31 if the law authorizing the election specifies that the votes 32 be canvassed earlier than the Monday following the election, 33 before the canvass of the election. 34 3. If the affidavit envelope or the return envelope marked 35 -12- HF2486.4309.S (2) 88 mb 12/ 27
with the affidavit contains a defect that would cause the 1 absentee ballot to be rejected by the absentee and special 2 voters precinct board, the commissioner shall immediately 3 notify the voter of that fact and that the voter’s absentee 4 ballot shall not be counted unless the voter requests and 5 returns a replacement ballot in the time permitted under 6 section 53.17, subsection 2 . For the purposes of this section , 7 a return envelope marked with the affidavit shall be considered 8 to contain a defect if it appears to the commissioner that 9 the signature on the envelope has been signed by someone 10 other than the registered voter, in comparing the signature 11 on the envelope to the signature on record of the registered 12 voter named on the envelope. A signature or marking made 13 in accordance with section 39.3, subsection 17 , shall not 14 be considered a defect for purposes of this section . The 15 voter may request a replacement ballot in person, in writing, 16 or over the telephone. The same serial number that was 17 assigned to the records of the original absentee ballot 18 application shall be used on the envelope and records of the 19 replacement ballot. The envelope marked with the affidavit and 20 containing the completed replacement ballot shall be marked 21 “Replacement ballot”. The envelope marked with the affidavit 22 and containing the original ballot shall be marked “Defective” 23 and the replacement ballot shall be attached to such envelope 24 containing the original ballot and shall be stored in a secure 25 place until they are delivered to the absentee and special 26 voters precinct board, notwithstanding sections 53.26 and 27 53.27 . 28 Sec. 12. Section 53.18, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 04. For the purposes of this section, a 31 return envelope marked with the affidavit shall be considered 32 incomplete if the affidavit lacks the registered voter’s 33 signature. A signature or marking made in accordance with 34 section 39.3, subsection 17, shall not cause an affidavit to be 35 -13- HF2486.4309.S (2) 88 mb 13/ 27
considered incomplete. 1 Sec. 13. Section 53.22, subsection 3, Code 2020, is amended 2 to read as follows: 3 3. Any registered voter who becomes a patient, tenant, or 4 resident of a hospital, assisted living program, or health care 5 facility in the county where the voter is registered to vote 6 within three days prior to the date of any election after the 7 deadline to make a written application for an absentee ballot 8 as provided in section 53.2 or on election day may request an 9 absentee ballot during that period or on election day. As an 10 alternative to the application procedure prescribed by section 11 53.2 , the registered voter may make the request directly to 12 the officers who are delivering and returning absentee ballots 13 under this section . Alternatively, the request may be made by 14 telephone to the office of the commissioner not later than four 15 hours before the close of the polls. If the requester is found 16 to be a registered voter of that county, these officers shall 17 deliver the appropriate absentee ballot to the registered voter 18 in the manner prescribed by this section . 19 Sec. 14. Section 53.22, subsection 6, paragraph a, Code 20 2020, is amended to read as follows: 21 a. If the registered voter becomes a patient, tenant, or 22 resident of a hospital, assisted living program, or health 23 care facility outside the county where the voter is registered 24 to vote within three days before the date of any election 25 after the deadline to make a written application for an 26 absentee ballot as provided in section 53.2 or on election 27 day, the voter may designate a person to deliver and return 28 the absentee ballot. The designee may be any person the voter 29 chooses except that no candidate for any office to be voted 30 upon for the election for which the ballot is requested may 31 deliver a ballot under this subsection . The request for an 32 absentee ballot may be made by telephone to the office of the 33 commissioner not later than four hours before the close of the 34 polls. If the requester is found to be a registered voter of 35 -14- HF2486.4309.S (2) 88 mb 14/ 27
that county, the ballot shall be delivered by mail or by the 1 person designated by the voter. An application form shall be 2 included with the absentee ballot and shall be signed by the 3 voter and returned with the ballot. 4 DIVISION IV 5 CONDUCT OF ELECTIONS 6 Sec. 15. Section 43.14, subsection 1, paragraph g, Code 7 2020, is amended by striking the paragraph. 8 Sec. 16. Section 43.24, subsection 1, paragraph a, Code 9 2020, is amended to read as follows: 10 a. Objections to the legal sufficiency of a nomination 11 petition or certificate of nomination filed or issued under 12 this chapter or to the eligibility of a candidate may be filed 13 in writing by any person who would have the right to vote for 14 the candidate for the office in question. Objections relating 15 to incorrect or incomplete information for information that is 16 required under section 43.14 or 43.18 shall be sustained. 17 Sec. 17. Section 44.6, Code 2020, is amended to read as 18 follows: 19 44.6 Hearing before state commissioner. 20 Objections filed with the state commissioner shall be 21 considered by the secretary of state and auditor of state and 22 attorney general, and a majority decision shall be final; but 23 if the objection is to the certificate of nomination of one 24 or more of the above named officers, said officer or officers 25 so objected to shall not pass upon the same, but their places 26 shall be filled, respectively, by the treasurer of state, 27 the governor, and the secretary of agriculture. Objections 28 relating to incorrect or incomplete information for information 29 that is required under section 44.3 shall be sustained. 30 Sec. 18. Section 44.7, Code 2020, is amended to read as 31 follows: 32 44.7 Hearing before commissioner. 33 Except as otherwise provided in section 44.8 , objections 34 filed with the commissioner shall be considered by the county 35 -15- HF2486.4309.S (2) 88 mb 15/ 27
auditor, county treasurer, and county attorney, and a majority 1 decision shall be final. However, if the objection is to the 2 certificate of nomination of one or more of the above named 3 county officers, the officer or officers objected to shall not 4 pass upon the objection, but their places shall be filled, 5 respectively, by the chairperson of the board of supervisors, 6 the sheriff, and the county recorder. Objections relating to 7 incorrect or incomplete information for information that is 8 required under section 44.3 shall be sustained. 9 Sec. 19. Section 44.8, Code 2020, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. Objections relating to incorrect or 12 incomplete information for information that is required under 13 section 44.3 shall be sustained. 14 Sec. 20. Section 45.5, subsection 1, paragraph f, Code 2020, 15 is amended by striking the paragraph. 16 Sec. 21. Section 47.7, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 3. The state registrar of voters shall use 19 information from the electronic registration information center 20 to update information in the statewide voter registration 21 system, including but not limited to the following reports: 22 a. In-state duplicates. 23 b. In-state updates. 24 c. Cross-state matches. 25 d. Deceased. 26 e. Eligible but unregistered. 27 f. National change of address. 28 Sec. 22. Section 48A.10A, subsection 1, Code 2020, is 29 amended to read as follows: 30 1. The state registrar shall compare lists of persons who 31 are registered to vote with the department of transportation’s 32 driver’s license and nonoperator’s identification card files 33 and shall, on an initial basis, issue a voter identification 34 card to each active, registered voter whose name does not 35 -16- HF2486.4309.S (2) 88 mb 16/ 27
appear in the department of transportation’s files or upon the 1 request of the registered voter . The voter identification 2 card shall include the name of the registered voter, a 3 signature line above which the registered voter shall 4 sign the voter identification card, the registered voter’s 5 identification number assigned to the voter pursuant to section 6 47.7, subsection 2 , and an additional four-digit personal 7 identification number assigned by the state commissioner. 8 Sec. 23. NEW SECTION . 49.42B Form of official ballot —— 9 candidates for president and vice president. 10 When candidates for president and vice president of the 11 United States appear on the ballot, the following statement 12 shall appear directly above the section of the ballot listing 13 such candidates: 14 [A ballot cast for the named candidates for president and vice 15 president of the United States is considered to be cast for 16 the slate of presidential electors nominated by the political 17 party, nonparty political organization, or independent 18 candidate.] 19 Sec. 24. Section 50.48, subsection 3, Code 2020, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. In addition to the persons listed in 22 paragraph “a” , the candidate requesting the recount and the 23 apparent winning candidate may each submit a request to a 24 commissioner from a county other than the county conducting the 25 recount to be present at the recount. Such a commissioner may 26 report any irregularities observed by the commissioner at any 27 time after the election to the state commissioner. 28 Sec. 25. Section 53.8, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 4. a. The state commissioner shall not 31 mail an application for an absentee ballot to a person who has 32 not requested such application. 33 b. The commissioner and the state commissioner shall not 34 mail an absentee ballot to a person who has not submitted an 35 -17- HF2486.4309.S (2) 88 mb 17/ 27
application for an absentee ballot. 1 Sec. 26. Section 53.30, Code 2020, is amended to read as 2 follows: 3 53.30 Ballots, ballot envelopes, and other information 4 preserved. 5 1. At the conclusion of each meeting of the absentee and 6 special voter precinct board, the board shall reconcile the 7 number of signed affidavits provided to the board by the 8 commissioner and the number of ballots that were counted and 9 tabulated. The board shall record the number of ballots that 10 were rejected prior to opening the affidavit envelope, the 11 number of absentee ballots that have been challenged and are 12 currently unopened, and the number of absentee ballots that 13 were accepted for counting and tabulation. The board shall 14 also reconcile the number of provisional ballots provided 15 to the board by the commissioner, the number of provisional 16 ballots that were accepted for counting and tabulation, and the 17 number of provisional ballots that were rejected. 18 2. At the conclusion of each meeting of the absentee and 19 special voters precinct board, the board shall securely seal 20 all ballots counted by them in the manner prescribed in section 21 50.12 . The ballot envelopes, including the affidavit envelope 22 if an affidavit envelope was provided, the return envelope, and 23 secrecy envelope bearing the signatures of precinct election 24 officials, as required by section 53.23 , shall be preserved. 25 All applications for absentee ballots, ballots rejected without 26 being opened, absentee ballot logs, and any other documents 27 pertaining to the absentee ballot process shall be preserved 28 until such time as the documents may be destroyed pursuant to 29 section 50.19 . 30 3. Following each primary and general election, 31 commissioners shall report to the state commissioner the 32 number of voted absentee ballots received by the commissioner, 33 the total number of absentee ballots counted and tabulated 34 by the board, and the number of absentee ballots rejected by 35 -18- HF2486.4309.S (2) 88 mb 18/ 27
the board. The commissioner shall also provide the number of 1 provisional ballots cast, the number of provisional ballots 2 rejected, and the number of provisional ballots that were 3 counted and tabulated by the board. 4 Sec. 27. Section 54.5, subsection 2, Code 2020, is amended 5 to read as follows: 6 2. The state central committee shall also file a list of 7 the names and addresses of the party’s presidential electors 8 and alternate electors , one from each congressional district 9 and two from the state at large, not later than 5:00 p.m. 10 on the eighty-first day before the general election. A 11 political party may elect up to two alternate electors at the 12 party’s state convention. Additionally, the party’s state 13 central committee may nominate one alternate elector for each 14 congressional district. 15 Sec. 28. Section 54.5, Code 2020, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. Each elector nominee and alternate 18 elector nominee of a political party or group of petitioners 19 shall execute the following pledge, which shall accompany 20 the submission of the corresponding names to the state 21 commissioner: 22 If selected for the position of elector, I agree to serve 23 and to mark my ballots for president and vice president for 24 the nominees for those offices of the party (or group of 25 petitioners) that nominated me. 26 Sec. 29. Section 54.7, Code 2020, is amended to read as 27 follows: 28 54.7 Meeting —— certificate. 29 1. The presidential electors and alternate electors shall 30 meet in the capitol, at the seat of government, on the first 31 Monday after the second Wednesday in December next following 32 their election. 33 2. If, at the time of such meeting, any elector for any 34 cause is absent, those present shall at once proceed to 35 -19- HF2486.4309.S (2) 88 mb 19/ 27
elect, from the citizens of the state, a substitute elector or 1 electors, and certify the choice so made to the governor, and 2 the governor shall immediately cause the person or persons so 3 selected to be notified thereof the state commissioner shall 4 appoint an individual to substitute for the elector as follows: 5 a. If the alternate elector is present to vote, by 6 appointing the alternate elector for the vacant position . 7 b. If the alternate elector is not present to vote, by 8 appointing an elector chosen by lot from among the other 9 alternate electors present to vote who were nominated by the 10 same political party or group of petitioners. 11 c. If the number of alternate electors present to vote is 12 insufficient to fill a vacant position pursuant to paragraphs 13 “a” and “b” , by appointing any immediately available citizen 14 of the state who is qualified to serve as an elector and 15 chosen through nomination by a plurality vote of the remaining 16 electors, including nomination and vote by a single elector if 17 only one remains. 18 d. If there is a tie between at least two nominees to 19 substitute as an elector in a vote conducted under paragraph 20 “c” , by appointing an elector chosen by lot from among those 21 nominees. 22 e. If all elector positions are vacant and cannot be filled 23 through the processes set forth in paragraphs “a” , “b” , “c” , and 24 “d” , by appointing a single presidential elector with remaining 25 vacant positions filled pursuant to the method set forth in 26 paragraph “c” and, if necessary, paragraph “d” . 27 3. To qualify to substitute for an elector under subsection 28 2, an individual who has not executed the pledge required for 29 elector nominees and alternate elector nominees under section 30 54.5 shall execute the following pledge: 31 I agree to serve and to mark my ballots for president and vice 32 president consistent with the pledge of the individual whose 33 elector position I have succeeded. 34 Sec. 30. Section 54.8, Code 2020, is amended by striking the 35 -20- HF2486.4309.S (2) 88 mb 20/ 27
section and inserting in lieu thereof the following: 1 54.8 Elector voting —— certificate of governor. 2 1. At the time designated for elector voting and after all 3 vacant positions have been filled under section 54.7, the state 4 commissioner shall provide each elector with a presidential 5 and a vice presidential ballot. The elector shall mark the 6 elector’s presidential and vice presidential ballots with 7 the elector’s votes for the offices of president and vice 8 president, respectively, along with the elector’s signature and 9 the elector’s legibly printed name. 10 2. Except as otherwise provided by law of this state outside 11 of this chapter, each elector shall present both completed 12 ballots to the state commissioner who shall examine the ballots 13 and accept and cast all ballots of electors whose votes are 14 consistent with their pledges executed under section 54.5 15 or 54.7. Except as otherwise provided by law of this state 16 outside of this chapter, the state commissioner shall not 17 accept and shall not count an elector’s presidential and vice 18 presidential ballots if the elector has not marked both ballots 19 or has marked one ballot in violation of the elector’s pledge. 20 3. An elector who refuses to present a ballot, presents 21 an unmarked ballot, or presents a ballot marked in violation 22 of the elector’s pledge executed under section 54.5 or 54.7 23 vacates the office of elector. The state commissioner shall 24 declare the creation of the vacancy and fill the vacancy 25 pursuant to section 54.7. 26 4. The state commissioner shall distribute ballots to 27 and collect ballots from a substitute elector and repeat the 28 process set forth in this section for examining ballots, 29 declaring and filling vacant positions as required, and 30 recording appropriately completed ballots from the substituted 31 electors until all of the state’s electoral votes have been 32 cast and recorded. 33 5. The governor shall duly certify the results, under the 34 seal of the state, to the United States secretary of state, and 35 -21- HF2486.4309.S (2) 88 mb 21/ 27
as required by Act of Congress related to such elections. 1 Sec. 31. NEW SECTION . 54.8A Elector replacement —— 2 associated certificates. 3 1. After the vote of this state’s electors is completed, 4 if the final list of electors differs from any list that the 5 governor previously included on a certificate of ascertainment 6 prepared and transmitted under 3 U.S.C. §6, the state 7 commissioner shall immediately prepare an amended certificate 8 of ascertainment and transmit the amended certificate to the 9 governor for the governor’s signature. 10 2. The governor shall immediately deliver the signed 11 amended certificate of ascertainment to the state commissioner 12 and a signed duplicate original of the amended certificate 13 of ascertainment to all individuals entitled to receive this 14 state’s certificate of ascertainment, indicating that the 15 amended certificate of ascertainment is to be substituted for 16 the certificate of ascertainment previously submitted. 17 3. The state commissioner shall prepare a certificate 18 of vote. The electors on the final list shall sign the 19 certificate. The state commissioner shall process and 20 transmit the signed certificate with the amended certificate of 21 ascertainment under 3 U.S.C. §§9 through 11. 22 Sec. 32. Section 54.9, Code 2020, is amended to read as 23 follows: 24 54.9 Compensation. 25 The electors shall each receive a compensation of 26 five dollars one-half of the federal general services 27 administration’s per diem rate for the relevant date and 28 location for every day’s attendance, and the same mileage as 29 members of the general assembly which shall be paid from funds 30 not otherwise appropriated from the general fund of the state. 31 Sec. 33. Section 68A.406, subsection 1, paragraph f, Code 32 2020, is amended to read as follows: 33 f. Property Notwithstanding paragraphs “d” and “e” , 34 property leased by a candidate, committee, or an organization 35 -22- HF2486.4309.S (2) 88 mb 22/ 27
established to advocate the nomination, election, or defeat of 1 a candidate or the passage or defeat of a ballot issue that 2 has not yet registered pursuant to section 68A.201 , when the 3 property is used as campaign headquarters or a campaign office 4 and the placement of the sign is limited to the space that is 5 actually leased. 6 Sec. 34. REPEAL. Section 43.80, Code 2020, is repealed. 7 Sec. 35. EFFECTIVE DATE. The following takes effect January 8 1, 2021: 9 The section of this division of this Act repealing section 10 43.80. 11 DIVISION V 12 NOMINATIONS BY PETITION 13 Sec. 36. Section 43.20, subsection 1, Code 2020, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 1. Nomination papers shall be signed by eligible electors as 17 provided in section 45.1. 18 Sec. 37. Section 43.20, subsection 2, Code 2020, is amended 19 by striking the subsection. 20 Sec. 38. Section 45.1, Code 2020, is amended to read as 21 follows: 22 45.1 Nominations by petition. 23 1. Nominations for candidates for president and vice 24 president, governor and lieutenant governor, and for other 25 statewide elected offices United States senator may be made 26 by nomination petitions signed by not less than one thousand 27 five hundred eligible electors residing in not less than 28 ten counties of the state four thousand eligible electors, 29 including at least two hundred eligible electors each from at 30 least ten counties of the state . 31 2. Nominations for candidates for statewide offices other 32 than those listed in subsection 1 may be made by nomination 33 petitions signed by not less than two thousand five hundred 34 eligible electors, including at least one hundred twenty-five 35 -23- HF2486.4309.S (2) 88 mb 23/ 27
eligible electors from not less than ten counties of the state. 1 2. 3. Nominations for candidates for a representative 2 in the United States house of representatives may be made by 3 nomination petitions signed by not less than the number of 4 eligible electors equal to the number of signatures required in 5 subsection 1 divided by the number of congressional districts. 6 Signers of the petition shall be eligible electors who are 7 residents of the congressional district two thousand eligible 8 electors who are residents of the congressional district, 9 including at least seventy-seven eligible electors each from at 10 least one-half of the counties in the congressional district . 11 3. 4. Nominations for candidates for the state senate 12 may be made by nomination petitions signed by not less than 13 one hundred eligible electors who are residents of the senate 14 district. 15 4. 5. Nominations for candidates for the state house of 16 representatives may be made by nomination petitions signed by 17 not less than fifty eligible electors who are residents of the 18 representative district. 19 5. 6. Nominations for candidates for offices filled by the 20 voters of a whole county may be made by nomination petitions 21 signed by not less than two hundred eligible electors who are 22 residents of the county equal in number to at least one percent 23 of the number of registered voters in the county on July 1 in 24 the year preceding the year in which the office will appear on 25 the ballot, or by at least two hundred fifty eligible electors 26 who are residents of the county, whichever is less . 27 6. 7. Nominations for candidates for the office of county 28 supervisor elected by the voters of a supervisor district may 29 be made by nomination petitions signed by not less than two 30 hundred eligible electors who are residents of the supervisor 31 district equal in number to at least one percent of the number 32 of registered voters in the supervisor district on July 1 in 33 the year preceding the year in which the office will appear on 34 the ballot, or by at least one hundred fifty eligible electors 35 -24- HF2486.4309.S (2) 88 mb 24/ 27
who are residents of the supervisor district, whichever is 1 less . 2 7. 8. a. Nomination papers for the offices of president 3 and vice president shall include the names of the candidates 4 for both offices on each page of the petition. A certificate 5 listing the names of the candidates for presidential electors, 6 one from each congressional district and two from the state at 7 large, shall be filed in the state commissioner’s office at the 8 same time the nomination papers are filed. 9 b. Nomination papers for the offices of governor and 10 lieutenant governor shall include the names of candidates for 11 both offices on each page of the petition. Nomination papers 12 for other statewide elected offices and all other offices shall 13 include the name of the candidate on each page of the petition. 14 8. 9. Nominations for candidates for elective offices in 15 cities where the council has adopted nominations under this 16 chapter may be submitted as follows: 17 a. Except as otherwise provided in subsection 9 10 , in 18 cities having a population of three thousand five hundred 19 twenty thousand or greater according to the most recent federal 20 decennial census, nominations may be made by nomination papers 21 signed by not less than twenty-five one hundred eligible 22 electors who are residents of the city or ward. 23 b. In cities having a population of one hundred five 24 thousand or greater, but less than three thousand five hundred 25 twenty thousand , according to the most recent federal decennial 26 census, nominations may be made by nomination papers signed by 27 not less than ten fifty eligible electors who are residents of 28 the city or ward. 29 c. In cities having a population less than one hundred of 30 one thousand or greater, but less than five thousand, according 31 to the most recent federal decennial census, nominations may 32 be made by nomination papers signed by not less than five 33 twenty-five eligible electors who are residents of the city. 34 d. In cities having a population less than one thousand 35 -25- HF2486.4309.S (2) 88 mb 25/ 27
according to the most recent decennial census, nominations 1 may be made by nomination papers signed by not less than ten 2 eligible electors who are residents of the city. 3 9. 10. Nominations for candidates, other than partisan 4 candidates, for elective offices in special charter cities 5 subject to section 43.112 may be submitted as follows: 6 a. For the office of mayor , and alderman at large, 7 nominations and ward alderman in special charter cities subject 8 to the provisions of section 43.112 may be made by nomination 9 papers signed by not less than one hundred eligible electors 10 residing in the city equal in number to at least two percent of 11 the total vote received by all candidates for mayor at the last 12 preceding city election . 13 b. For the office of ward alderman, nominations may be made 14 by nomination papers signed by eligible electors residing in 15 the ward equal in number to at least two percent of the total 16 vote received by all candidates for ward alderman in that ward 17 at the last preceding city election. 18 Sec. 39. EFFECTIVE DATE. This division of this Act takes 19 effect January 1, 2021. 20 DIVISION VI 21 AFFIDAVIT OF CANDIDACY 22 Sec. 40. AFFIDAVIT OF CANDIDACY —— 2020 GENERAL ELECTION 23 NOMINEES. For the 2020 general election, a candidate nominated 24 for county hospital trustee or township trustee shall file 25 with the county commissioner a signed, notarized affidavit of 26 candidacy and nomination petition, if applicable, by 5:00 p.m. 27 not less than sixty-nine days before the general election. An 28 affidavit of candidacy shall include the information required 29 under section 44.3. > 30 2. Title page, by striking line 1 and inserting < An Act 31 relating to the conduct of elections, including the use of 32 emergency powers during elections, nomination procedures, 33 issuance of bonds, voter registration, absentee ballots, 34 campaign finance, and the use of a county seal on materials 35 -26- HF2486.4309.S (2) 88 mb 26/ 27
related to elections, and including effective date provisions. > 1 -27- HF2486.4309.S (2) 88 mb 27/ 27