Senate File 568 H-1534 Amend Senate File 568, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 11, after line 25 by inserting: 3 < Sec. ___. Section 49.98, Code 2021, is amended to read as 4 follows: 5 49.98 Counting ballots. 6 The ballots shall be counted according to the voters’ marks 7 on them as provided in sections 49.92 and 49.93 , and not 8 otherwise. If, for any reason, it is impossible to determine 9 from a ballot, as marked, the choice of the voter for any 10 office, the vote for that office shall not be counted. A 11 ballot shall be rejected if the voter used a mark to identify 12 the voter’s ballot. The state commissioner shall, by rule 13 adopted pursuant to chapter 17A , develop uniform definitions of 14 what constitutes a vote. > 15 2. Page 13, line 34, by striking < subsection 2, Code 2021, 16 is > and inserting < subsections 2 and 3, Code 2021, are > 17 3. Page 14, after line 20 by inserting: 18 < 3. The Not later than one week after convening, the board 19 shall certify an election canvass summary report prepared by 20 the commissioner. The election canvass summary report shall 21 include the results of the election, including scatterings, 22 overvotes, and undervotes, by precinct for each contest and 23 public measure that appeared on the ballot of the election 24 being canvassed. However, if paper ballots are used pursuant 25 to section 49.26 , the election canvass summary report shall not 26 include overvotes and undervotes. 27 Sec. ___. Section 50.38, Code 2021, is amended to read as 28 follows: 29 50.38 Time of state canvass. 30 Not later than twenty-seven thirty-four days after the 31 day of the election, the secretary of state shall present to 32 the board of state canvassers abstracts of votes cast at the 33 election showing the number of ballots cast for each office and 34 a summary of the results for each office, showing the votes 35 -1- SF 568.2604 (3) 89 ss/jh 1/ 5 #1. #2. #3.

cast in each county. The state board of canvassers shall 1 review the results compiled by the secretary of state and, if 2 the results are accurately tabulated, the state board shall 3 approve the canvass. 4 Sec. ___. Section 50.48, subsection 1, paragraph a, 5 unnumbered paragraph 1, Code 2021, is amended to read as 6 follows: 7 The county board of canvassers shall order a recount of the 8 votes cast for a particular office or nomination in one or more 9 specified each election precincts in that county precinct where 10 a vote was cast for an office if a written request for a recount 11 is made not later than 5:00 p.m. on the third day following 12 the county board’s canvass of the election in question. For 13 a city runoff election held pursuant to section 376.9 , the 14 written request must be made not later than 5:00 p.m. on the 15 day following the county board’s canvass of the city runoff 16 election. The request shall be filed with the commissioner of 17 that county and shall be signed by either of the following: 18 Sec. ___. Section 50.48, subsection 1, Code 2021, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . c. Immediately upon receipt of a request for 21 a recount for an office filled by the electors of more than one 22 county, the commissioner shall send a copy of the request to 23 each commissioner of a county where a ballot for the office was 24 cast, who shall conduct a recount as provided in this section. 25 A candidate for an office filled by the electors of the entire 26 state shall not be required to pay more than one bond for a 27 recount. 28 Sec. ___. Section 50.48, subsection 3, Code 2021, is amended 29 to read as follows: 30 3. a. The recount shall be conducted by a board which shall 31 consist of one of the following : 32 (1) For a county in which three thousand five hundred or 33 fewer ballots were cast: 34 (1) (a) A designee of the candidate requesting the recount, 35 -2- SF 568.2604 (3) 89 ss/jh 2/ 5

who shall be named in the written request when it is filed. 1 (2) (b) A designee of the apparent winning candidate, who 2 shall be named by that candidate at or before the time the 3 board is required to convene. 4 (3) (c) A person chosen jointly by the members designated 5 under subparagraphs (1) subparagraph divisions (a) and (2) (b) . 6 (2) For a county in which more than three thousand five 7 hundred but not more than twelve thousand ballots were cast: 8 (a) Two designees of the candidate requesting the recount, 9 who shall be named in the written request when it is filed. 10 (b) Two designees of the apparent winning candidate, who 11 shall be named by that candidate at or before the time the 12 board is required to convene. 13 (c) Two persons chosen jointly by the members designated 14 under subparagraph divisions (a) and (b). 15 (3) For a county in which more than twelve thousand ballots 16 were cast: 17 (a) Three designees of the candidate requesting the 18 recount, who shall be named in the written request when it is 19 filed. 20 (b) Three designees of the apparent winning candidate, who 21 shall be named by that candidate at or before the time the 22 board is required to convene. 23 (c) Three persons chosen jointly by the members designated 24 under subparagraph divisions (a) and (b). 25 b. The commissioner shall convene the persons designated 26 under paragraph “a” , subparagraphs subparagraph (1) and , 27 subparagraph divisions (a) and (b), subparagraph (2), 28 subparagraph divisions (a) and (b), or subparagraph (3), 29 subparagraph divisions (a) and (b), not later than 9:00 a.m. 30 on the seventh day following the county board’s canvass of the 31 election in question. If those two members cannot agree on the 32 third additional member or members by 8:00 a.m. on the ninth 33 day following the canvass, they shall immediately so notify the 34 chief judge of the judicial district in which the canvass is 35 -3- SF 568.2604 (3) 89 ss/jh 3/ 5

occurring, who shall appoint the third additional member or 1 members not later than 5:00 p.m. on the eleventh day following 2 the canvass. 3 Sec. ___. Section 50.48, subsection 4, paragraphs a and c, 4 Code 2021, are amended to read as follows: 5 a. When all members of the recount board have been selected, 6 the board shall undertake and complete the required recount by 7 hand as expeditiously as reasonably possible. The commissioner 8 or the commissioner’s designee shall supervise the handling 9 of ballots to ensure that the ballots are protected from 10 alteration or damage. The board shall open only the sealed 11 ballot containers from the precincts specified to be recounted 12 in the request or by the recount board. The board shall 13 recount only the ballots which were voted and counted for the 14 office in question, including any disputed ballots returned as 15 required in section 50.5 . If automatic tabulating equipment 16 was used to count the ballots, the recount board may request 17 the commissioner to retabulate the ballots using the automatic 18 tabulating equipment. The same program used for tabulating the 19 votes on election day shall be used at the recount unless the 20 program is believed or known to be flawed. The board shall 21 presume that any mark in a voting target constitutes a vote 22 for the candidate or public measure listed next to the target 23 unless the board finds that the mark was made inadvertently or 24 that the voter attempted to erase the mark. 25 c. The ballots shall be resealed by the recount board before 26 adjournment and shall be preserved as required by section 27 50.12 . At the conclusion of the recount, the recount board 28 shall make and file with the commissioner a written report of 29 its findings, which shall be signed by at least two two-thirds 30 of the members of the recount board. The recount board shall 31 complete the recount and file its report not later than the 32 eighteenth day following the county board’s canvass of the 33 election in question. 34 Sec. ___. Section 50.48, subsection 4, paragraph b, Code 35 -4- SF 568.2604 (3) 89 ss/jh 4/ 5