House Amendment to Senate Amendment to House File 2486 S-5146 Amend the Senate amendment, H-8256, to House File 2486, as 1 passed by the House, as follows: 2 1. By striking page 1, line 4, through page 27, line 1, and 3 inserting: 4 < Sec. ___. Section 43.14, subsection 1, paragraph g, Code 5 2020, is amended by striking the paragraph. 6 Sec. ___. Section 45.5, subsection 1, paragraph f, Code 7 2020, is amended by striking the paragraph. 8 Sec. ___. Section 47.1, subsection 2, Code 2020, is amended 9 to read as follows: 10 2. a. The state commissioner of elections may exercise 11 emergency powers over any election being held in a district 12 in which either a natural or other disaster or extremely 13 inclement weather has occurred. The state commissioner’s 14 decision to alter any conduct for an election using emergency 15 powers must be approved by the legislative council. If the 16 legislative council does not approve the secretary of state’s 17 use of emergency powers to conduct an election, the legislative 18 council may choose to present and approve its own election 19 procedures or choose to take no further action. The state 20 commissioner of elections may also exercise emergency powers 21 during an armed conflict involving United States armed forces, 22 or mobilization of those forces, or if an election contest 23 court finds that there were errors in the conduct of an 24 election making it impossible to determine the result. 25 b. If an emergency exists in all precincts of a county, 26 the number of polling places shall not be reduced by more than 27 thirty-five percent. The polling places allowed to open shall 28 be equitably distributed in the county based on the ratio of 29 regular polling places located in unincorporated areas in the 30 county to regular polling places in incorporated areas in the 31 county. 32 Sec. ___. Section 49.57, subsection 6, Code 2020, is amended 33 to read as follows: 34 6. A portion of the ballot shall include the words “Official 35 -1- H8256.4417.H (1) 88 md 1/ 6 #1.

ballot”, the unique identification number or name assigned by 1 the commissioner to the ballot style, the date of the election, 2 and the impression or likeness of the county seal of the county 3 of the commissioner who has caused the ballot to be printed 4 pursuant to section 49.51 . 5 Sec. ___. Section 54.5, subsection 2, Code 2020, is amended 6 to read as follows: 7 2. The state central committee shall also file a list of 8 the names and addresses of the party’s presidential electors 9 and alternate electors , one from each congressional district 10 and two from the state at large, not later than 5:00 p.m. 11 on the eighty-first day before the general election. A 12 political party may elect up to two alternate electors at the 13 party’s state convention. Additionally, the party’s state 14 central committee may nominate one alternate elector for each 15 congressional district. 16 Sec. ___. Section 54.5, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 2A. Each elector nominee and alternate 19 elector nominee of a political party or group of petitioners 20 shall execute the following pledge, which shall accompany 21 the submission of the corresponding names to the state 22 commissioner: 23 If selected for the position of elector, I agree to serve 24 and to mark my ballots for president and vice president for 25 the nominees for those offices of the party (or group of 26 petitioners) that nominated me. 27 Sec. ___. Section 54.7, Code 2020, is amended to read as 28 follows: 29 54.7 Meeting —— certificate. 30 1. The presidential electors and alternate electors shall 31 meet in the capitol, at the seat of government, on the first 32 Monday after the second Wednesday in December next following 33 their election. 34 2. If, at the time of such meeting, any elector for any 35 -2- H8256.4417.H (1) 88 md 2/ 6

cause is absent, those present shall at once proceed to 1 elect, from the citizens of the state, a substitute elector or 2 electors, and certify the choice so made to the governor, and 3 the governor shall immediately cause the person or persons so 4 selected to be notified thereof the state commissioner shall 5 appoint an individual to substitute for the elector as follows: 6 a. If the alternate elector is present to vote, by 7 appointing the alternate elector for the vacant position . 8 b. If the alternate elector is not present to vote, by 9 appointing an elector chosen by lot from among the other 10 alternate electors present to vote who were nominated by the 11 same political party or group of petitioners. 12 c. If the number of alternate electors present to vote is 13 insufficient to fill a vacant position pursuant to paragraphs 14 “a” and “b” , by appointing any immediately available citizen 15 of the state who is qualified to serve as an elector and 16 chosen through nomination by a plurality vote of the remaining 17 electors, including nomination and vote by a single elector if 18 only one remains. 19 d. If there is a tie between at least two nominees to 20 substitute as an elector in a vote conducted under paragraph 21 “c” , by appointing an elector chosen by lot from among those 22 nominees. 23 e. If all elector positions are vacant and cannot be filled 24 through the processes set forth in paragraphs “a” , “b” , “c” , and 25 “d” , by appointing a single presidential elector with remaining 26 vacant positions filled pursuant to the method set forth in 27 paragraph “c” and, if necessary, paragraph “d” . 28 3. To qualify to substitute for an elector under subsection 29 2, an individual who has not executed the pledge required for 30 elector nominees and alternate elector nominees under section 31 54.5 shall execute the following pledge: 32 I agree to serve and to mark my ballots for president and vice 33 president consistent with the pledge of the individual whose 34 elector position I have succeeded. 35 -3- H8256.4417.H (1) 88 md 3/ 6

Sec. ___. Section 54.8, Code 2020, is amended by striking 1 the section and inserting in lieu thereof the following: 2 54.8 Elector voting —— certificate of governor. 3 1. At the time designated for elector voting and after all 4 vacant positions have been filled under section 54.7, the state 5 commissioner shall provide each elector with a presidential 6 and a vice presidential ballot. The elector shall mark the 7 elector’s presidential and vice presidential ballots with 8 the elector’s votes for the offices of president and vice 9 president, respectively, along with the elector’s signature and 10 the elector’s legibly printed name. 11 2. Except as otherwise provided by law of this state outside 12 of this chapter, each elector shall present both completed 13 ballots to the state commissioner who shall examine the ballots 14 and accept and cast all ballots of electors whose votes are 15 consistent with their pledges executed under section 54.5 16 or 54.7. Except as otherwise provided by law of this state 17 outside of this chapter, the state commissioner shall not 18 accept and shall not count an elector’s presidential and vice 19 presidential ballots if the elector has not marked both ballots 20 or has marked one ballot in violation of the elector’s pledge. 21 3. An elector who refuses to present a ballot, presents 22 an unmarked ballot, or presents a ballot marked in violation 23 of the elector’s pledge executed under section 54.5 or 54.7 24 vacates the office of elector. The state commissioner shall 25 declare the creation of the vacancy and fill the vacancy 26 pursuant to section 54.7. 27 4. The state commissioner shall distribute ballots to 28 and collect ballots from a substitute elector and repeat the 29 process set forth in this section for examining ballots, 30 declaring and filling vacant positions as required, and 31 recording appropriately completed ballots from the substituted 32 electors until all of the state’s electoral votes have been 33 cast and recorded. 34 5. The governor shall duly certify the results, under the 35 -4- H8256.4417.H (1) 88 md 4/ 6

seal of the state, to the United States secretary of state, and 1 as required by Act of Congress related to such elections. 2 Sec. ___. NEW SECTION . 54.8A Elector replacement —— 3 associated certificates. 4 1. After the vote of this state’s electors is completed, 5 if the final list of electors differs from any list that the 6 governor previously included on a certificate of ascertainment 7 prepared and transmitted under 3 U.S.C. §6, the state 8 commissioner shall immediately prepare an amended certificate 9 of ascertainment and transmit the amended certificate to the 10 governor for the governor’s signature. 11 2. The governor shall immediately deliver the signed 12 amended certificate of ascertainment to the state commissioner 13 and a signed duplicate original of the amended certificate 14 of ascertainment to all individuals entitled to receive this 15 state’s certificate of ascertainment, indicating that the 16 amended certificate of ascertainment is to be substituted for 17 the certificate of ascertainment previously submitted. 18 3. The state commissioner shall prepare a certificate 19 of vote. The electors on the final list shall sign the 20 certificate. The state commissioner shall process and 21 transmit the signed certificate with the amended certificate of 22 ascertainment under 3 U.S.C. §§9 through 11. 23 Sec. ___. Section 331.552, subsection 4, Code 2020, is 24 amended to read as follows: 25 4. Keep the official county seal provided by the county. 26 The official seal shall be an impression seal on the face of 27 which shall appear the name of the county, the word “county” , 28 which may be abbreviated, the word “treasurer” which may be 29 abbreviated, and the word “Iowa”. 30 Sec. ___. AFFIDAVIT OF CANDIDACY —— 2020 GENERAL ELECTION 31 NOMINEES. For the 2020 general election, a candidate nominated 32 for county hospital trustee or township trustee shall file 33 with the county commissioner a signed, notarized affidavit of 34 candidacy and nomination petition, if applicable, by 5:00 p.m. 35 -5- H8256.4417.H (1) 88 md 5/ 6

not less than sixty-nine days before the general election. An 1 affidavit of candidacy shall include the information required 2 under section 44.3. > 3 2. Title page, by striking line 1 and inserting < An Act 4 relating to the conduct of elections, including emergency 5 powers, procedures relating to electors, and the use of a 6 county seal on materials related to elections. > 7 3. By renumbering as necessary. > 8 -6- H8256.4417.H (1) 88 md 6/ 6 #2.