Senate File 413 S-3039 Amend Senate File 413 as follows: 1 1. Page 15, before line 6 by inserting: 2 < Sec. ___. Section 50.48, subsection 3, Code 2021, is 3 amended to read as follows: 4 3. a. The recount shall be conducted or overseen by a board 5 which shall consist of one of the following : 6 (1) For a county with a population of fewer than twenty-five 7 thousand people: 8 (1) (a) A designee Two designees of the candidate 9 requesting the recount, who shall be named in the written 10 request when it is filed. 11 (2) (b) A designee Two designees of the apparent winning 12 candidate, who shall be named by that candidate at or before 13 the time the board is required to convene. 14 (3) (c) A person chosen jointly by the members designated 15 under subparagraphs (1) subparagraph divisions (a) and (2) (b) . 16 (2) For a county with a population of at least twenty-five 17 thousand but less than ninety thousand people: 18 (a) Three designees of the candidate requesting the 19 recount, who shall be named in the written request when it is 20 filed. 21 (b) Three designees of the apparent winning candidate, who 22 shall be named by that candidate at or before the time the 23 board is required to convene. 24 (c) A person chosen jointly by the members designated under 25 subparagraph divisions (a) and (b). 26 (3) For a county with a population of ninety thousand people 27 or greater: 28 (a) Three designees of the candidate requesting the 29 recount, who shall be named in the written request when it is 30 filed. 31 (b) Three designees of the apparent winning candidate, who 32 shall be named by that candidate at or before the time the 33 board is required to convene. 34 (c) Three persons chosen jointly by the members designated 35 -1- SF413.752 (3) 89 ss/jh 1/ 4 #1.

under subparagraph divisions (a) and (b). 1 b. The commissioner shall convene the persons designated 2 under paragraph “a” , subparagraphs subparagraph (1) and , 3 subparagraph divisions (a) and (b), subparagraph (2), 4 subparagraph divisions (a) and (b), or subparagraph (3), 5 subparagraph divisions (a) and (b), not later than 9:00 a.m. 6 on the seventh day following the county board’s canvass of the 7 election in question. If those two members cannot agree on the 8 third additional member or members by 8:00 a.m. on the ninth 9 day following the canvass, they shall immediately so notify the 10 chief judge of the judicial district in which the canvass is 11 occurring, who shall appoint the third additional member or 12 members not later than 5:00 p.m. on the eleventh day following 13 the canvass. 14 Sec. ___. Section 50.48, subsection 4, paragraphs a and c, 15 Code 2021, are amended to read as follows: 16 a. When all members of the recount board have been selected, 17 the board shall undertake and complete the required recount 18 as expeditiously as reasonably possible. The recount board 19 may conduct the recount or may direct the county commissioner 20 and the county commissioner’s staff to conduct the recount. 21 The recount board shall oversee any recount conducted by the 22 county commissioner and the county commissioner’s staff. The 23 commissioner or the commissioner’s designee shall supervise the 24 handling of ballots to ensure that the ballots are protected 25 from alteration or damage. The board or county commissioner 26 shall open only the sealed ballot containers from the precincts 27 specified to be recounted in the request or by the recount 28 board. The board or county commissioner shall recount only 29 the ballots which were voted and counted for the office in 30 question, including any disputed ballots returned as required 31 in section 50.5 . If automatic tabulating equipment was used 32 to count the ballots, the The recount board may request the 33 commissioner to retabulate the ballots using the automatic 34 tabulating equipment on a per precinct basis, and the recount 35 -2- SF413.752 (3) 89 ss/jh 2/ 4

board shall visually examine each ballot that the automatic 1 tabulating equipment identifies as containing an undervote, an 2 overvote, or a write-in vote to determine voter intent . The 3 same program used for tabulating the votes on election day 4 shall be used at the recount unless the program is believed or 5 known to be flawed. 6 c. The ballots shall be resealed by the recount board 7 or county commissioner before adjournment and shall be 8 preserved as required by section 50.12 . At the conclusion of 9 the recount, the recount board shall make and file with the 10 commissioner a written report of its findings, which shall be 11 signed by at least two two-thirds of the members of the recount 12 board. The recount board shall complete the recount and file 13 its report not later than the eighteenth day following the 14 county board’s canvass of the election in question. > 15 2. Page 17, line 17, by striking < eighteen > and inserting 16 < forty-five > 17 3. Page 17, by striking lines 20 through 24 and inserting 18 < subsection 3. When the United States post office is closed 19 in observance of a federal holiday and is not delivering mail 20 on the twenty-ninth day before the election, the first day to 21 mail absentee ballots is the next business day on which mail 22 delivery is available. The absentee ballot shall be sent to > 23 4. Page 18, line 13, by striking < eighteen > and inserting 24 < forty-five > 25 5. Page 18, line 19, by striking < eighteen > and inserting 26 < forty-five > 27 6. Page 18, line 23, by striking < eighteen > and inserting 28 < forty-five > 29 7. Page 18, lines 24 and 25, by striking < may be established 30 throughout the cities and county at the direction > and 31 inserting < may be established throughout the cities and county 32 at the direction > 33 8. Page 18, line 26, by striking < of the commissioner and > 34 and inserting < of the commissioner and > 35 -3- SF413.752 (3) 89 ss/jh 3/ 4 #2. #3. #4. #5. #6. #7.