House File 2486 S-5117 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- HF2486.4168 (2) 88 js/jh 1/ 31 #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- HF2486.4168 (2) 88 js/jh 2/ 31

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- HF2486.4168 (2) 88 js/jh 3/ 31

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- HF2486.4168 (2) 88 js/jh 4/ 31

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- HF2486.4168 (2) 88 js/jh 5/ 31

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- HF2486.4168 (2) 88 js/jh 6/ 31

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- HF2486.4168 (2) 88 js/jh 7/ 31

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- HF2486.4168 (2) 88 js/jh 8/ 31

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- HF2486.4168 (2) 88 js/jh 9/ 31

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- HF2486.4168 (2) 88 js/jh 10/ 31

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- HF2486.4168 (2) 88 js/jh 11/ 31

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- HF2486.4168 (2) 88 js/jh 12/ 31

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- HF2486.4168 (2) 88 js/jh 13/ 31

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- HF2486.4168 (2) 88 js/jh 14/ 31

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- HF2486.4168 (2) 88 js/jh 15/ 31

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. NEW SECTION . 49.42B Form of official ballot —— 17 candidates for president and vice president. 18 When candidates for president and vice president of the 19 United States appear on the ballot, the following statement 20 shall appear directly above the section of the ballot listing 21 such candidates: 22 [A ballot cast for the named candidates for president and vice 23 president of the United States is considered to be cast for 24 the slate of presidential electors nominated by the political 25 party, nonparty political organization, or independent 26 candidate.] 27 Sec. 22. Section 50.48, subsection 3, Code 2020, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. In addition to the persons listed in 30 paragraph “a” , the candidate requesting the recount and the 31 apparent winning candidate may each submit a request to a 32 commissioner from a county other than the county conducting the 33 recount to be present at the recount. Such a commissioner may 34 report any irregularities observed by the commissioner at any 35 -16- HF2486.4168 (2) 88 js/jh 16/ 31

time after the election to the state commissioner. 1 Sec. 23. Section 53.8, Code 2020, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4. a. The state commissioner shall not 4 mail an application for an absentee ballot to a person who has 5 not requested such application. 6 b. The commissioner and the state commissioner shall not 7 mail an absentee ballot to a person who has not submitted an 8 application for an absentee ballot. 9 Sec. 24. Section 53.30, Code 2020, is amended to read as 10 follows: 11 53.30 Ballots, ballot envelopes, and other information 12 preserved. 13 1. At the conclusion of each meeting of the absentee and 14 special voter precinct board, the board shall reconcile the 15 number of signed affidavits provided to the board by the 16 commissioner and the number of ballots that were counted and 17 tabulated. The board shall record the number of ballots that 18 were rejected prior to opening the affidavit envelope, the 19 number of absentee ballots that have been challenged and are 20 currently unopened, and the number of absentee ballots that 21 were accepted for counting and tabulation. The board shall 22 also reconcile the number of provisional ballots provided 23 to the board by the commissioner, the number of provisional 24 ballots that were accepted for counting and tabulation, and the 25 number of provisional ballots that were rejected. 26 2. At the conclusion of each meeting of the absentee and 27 special voters precinct board, the board shall securely seal 28 all ballots counted by them in the manner prescribed in section 29 50.12 . The ballot envelopes, including the affidavit envelope 30 if an affidavit envelope was provided, the return envelope, and 31 secrecy envelope bearing the signatures of precinct election 32 officials, as required by section 53.23 , shall be preserved. 33 All applications for absentee ballots, ballots rejected without 34 being opened, absentee ballot logs, and any other documents 35 -17- HF2486.4168 (2) 88 js/jh 17/ 31

pertaining to the absentee ballot process shall be preserved 1 until such time as the documents may be destroyed pursuant to 2 section 50.19 . 3 3. Following each primary and general election, 4 commissioners shall report to the state commissioner the 5 number of voted absentee ballots received by the commissioner, 6 the total number of absentee ballots counted and tabulated 7 by the board, and the number of absentee ballots rejected by 8 the board. The commissioner shall also provide the number of 9 provisional ballots cast, the number of provisional ballots 10 rejected, and the number of provisional ballots that were 11 counted and tabulated by the board. 12 Sec. 25. Section 54.5, subsection 2, Code 2020, is amended 13 to read as follows: 14 2. The state central committee shall also file a list of 15 the names and addresses of the party’s presidential electors 16 and alternate electors , one from each congressional district 17 and two from the state at large, not later than 5:00 p.m. 18 on the eighty-first day before the general election. A 19 political party may elect up to two alternate electors at the 20 party’s state convention. Additionally, the party’s state 21 central committee may nominate one alternate elector for each 22 congressional district. 23 Sec. 26. Section 54.5, Code 2020, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. Each elector nominee and alternate 26 elector nominee of a political party or group of petitioners 27 shall execute the following pledge, which shall accompany 28 the submission of the corresponding names to the state 29 commissioner: 30 If selected for the position of elector, I agree to serve 31 and to mark my ballots for president and vice president for 32 the nominees for those offices of the party (or group of 33 petitioners) that nominated me. 34 Sec. 27. Section 54.7, Code 2020, is amended to read as 35 -18- HF2486.4168 (2) 88 js/jh 18/ 31

follows: 1 54.7 Meeting —— certificate. 2 1. The presidential electors and alternate electors shall 3 meet in the capitol, at the seat of government, on the first 4 Monday after the second Wednesday in December next following 5 their election. 6 2. If, at the time of such meeting, any elector for any 7 cause is absent, those present shall at once proceed to 8 elect, from the citizens of the state, a substitute elector or 9 electors, and certify the choice so made to the governor, and 10 the governor shall immediately cause the person or persons so 11 selected to be notified thereof the state commissioner shall 12 appoint an individual to substitute for the elector as follows: 13 a. If the alternate elector is present to vote, by 14 appointing the alternate elector for the vacant position . 15 b. If the alternate elector is not present to vote, by 16 appointing an elector chosen by lot from among the other 17 alternate electors present to vote who were nominated by the 18 same political party or group of petitioners. 19 c. If the number of alternate electors present to vote is 20 insufficient to fill a vacant position pursuant to paragraphs 21 “a” and “b” , by appointing any immediately available citizen 22 of the state who is qualified to serve as an elector and 23 chosen through nomination by a plurality vote of the remaining 24 electors, including nomination and vote by a single elector if 25 only one remains. 26 d. If there is a tie between at least two nominees to 27 substitute as an elector in a vote conducted under paragraph 28 “c” , by appointing an elector chosen by lot from among those 29 nominees. 30 e. If all elector positions are vacant and cannot be filled 31 through the processes set forth in paragraphs “a” , “b” , “c” , and 32 “d” , by appointing a single presidential elector with remaining 33 vacant positions filled pursuant to the method set forth in 34 paragraph “c” and, if necessary, paragraph “d” . 35 -19- HF2486.4168 (2) 88 js/jh 19/ 31