Senate File 543 S-3093 Amend Senate File 543 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 43.49, subsection 1, unnumbered 4 paragraph 1, Code 2025, is amended to read as follows: 5 On the Monday or Tuesday following the primary election, the 6 board of supervisors shall meet, open, and canvass the returns 7 from each voting precinct in the county, and make abstracts 8 thereof, stating the following: 9 Sec. 2. Section 43.56, subsection 2, Code 2025, is amended 10 by striking the subsection. 11 Sec. 3. Section 46.24, subsection 1, Code 2025, is amended 12 to read as follows: 13 1. A judge of the supreme court, court of appeals, or 14 district court including a district associate judge, full-time 15 associate juvenile judge, or full-time associate probate judge, 16 or a clerk of the district court must receive more affirmative 17 than negative votes to be retained in office. When the poll 18 is closed, the election judges shall publicly canvass the vote 19 forthwith. The board of supervisors shall canvass the returns 20 on the Monday or Tuesday after the election, and shall promptly 21 certify the number of affirmative and negative votes on each 22 judge or clerk to the state commissioner of elections. 23 Sec. 4. Section 50.21, subsection 1, Code 2025, is amended 24 to read as follows: 25 1. The commissioner shall reconvene the election board of 26 the special precinct established by section 53.20 not earlier 27 than noon on the second day following each election which 28 is required by law to be canvassed on the Monday or Tuesday 29 following the election. If the second day following such an 30 election is a legal holiday the special precinct election board 31 may be convened at noon on the day following the election, and 32 if the canvass of the election is scheduled at any time earlier 33 than the Monday Tuesday following the election, the special 34 precinct election board shall be reconvened at noon on the day 35 -1- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 1/ 14 #1.

following the election. 1 Sec. 5. Section 50.24, subsections 1 and 4, Code 2025, are 2 amended to read as follows: 3 1. The county board of supervisors shall meet to canvass 4 the vote on the first Monday or Tuesday after the day of 5 each election to which this chapter is applicable, unless 6 the law authorizing the election specifies another date for 7 the canvass. If that Monday or Tuesday is a public holiday, 8 section 4.1, subsection 34 , controls. 9 4. For a regular or special city election or a city runoff 10 election, if the city is located in more than one county, the 11 controlling commissioner for that city under section 47.2 shall 12 conduct a second canvass on the second Monday or Tuesday after 13 the day of the election. However, if a recount is requested 14 pursuant to section 50.48 , the controlling commissioner shall 15 conduct the second canvass within two business days after the 16 conclusion of the recount proceedings. Each commissioner 17 conducting a canvass for the city pursuant to subsection 1 18 shall transmit abstracts for the offices and public measures of 19 that city to the controlling commissioner for that city, along 20 with individual tallies for each write-in candidate. At the 21 second canvass, the county board of supervisors of the county 22 of the controlling commissioner shall canvass the abstracts 23 received pursuant to this subsection and shall prepare a 24 combined city abstract stating the number of votes cast in the 25 city for each office and on each question on the ballot for 26 the city election. The combined city abstract shall further 27 indicate the name of each person who received votes for each 28 office on the ballot, the number of votes each person named 29 received for that office, and the number of votes for and 30 against each question submitted to the voters at the election. 31 The votes of all write-in candidates who each received less 32 than five percent of the total votes cast in the city for 33 an office shall be reported collectively under the heading 34 “scattering”. 35 -2- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 2/ 14

Sec. 6. Section 50.24, subsection 5, paragraph a, Code 2025, 1 is amended to read as follows: 2 a. For a regular or special school election, if the school 3 district is located in more than one county, the controlling 4 commissioner for that school district under section 47.2 shall 5 conduct a second canvass on the second Monday or Tuesday after 6 the day of election. However, if a recount is requested 7 pursuant to section 50.48 , the controlling commissioner shall 8 conduct the second canvass within two business days after the 9 conclusion of the recount proceedings. Each commissioner 10 conducting a canvass for the school district pursuant to 11 subsection 1 shall transmit abstracts for the offices and 12 public measures of that school district to the controlling 13 commissioner for that school district, along with individual 14 tallies for each write-in candidate. At the second canvass the 15 county board of supervisors of the controlling county shall 16 canvass the abstracts received pursuant to this subsection and 17 shall prepare a combined school district abstract stating the 18 number of votes cast in the school district for each office and 19 on each question on the ballot for the school election. The 20 combined school district abstract shall further indicate the 21 name of each person who received votes for each office on the 22 ballot, the number of votes each person named received for that 23 office, and the number of votes for and against each question 24 submitted to the voters at the election. The votes of all 25 write-in candidates who each received less than five percent of 26 the total votes cast in the school district for an office shall 27 be reported collectively under the heading “scattering”. 28 Sec. 7. Section 50.48, subsection 1, paragraph a, 29 unnumbered paragraph 1, Code 2025, is amended to read as 30 follows: 31 The Except as provided in paragraph “c” , the county board 32 of canvassers shall order a recount of the votes cast for 33 a particular office or nomination in one or more specified 34 each election precincts in that county precinct where a vote 35 -3- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 3/ 14

was cast for an office if a written request for a recount is 1 made not later than 5:00 p.m. on the third day following the 2 county board’s canvass of the election in question and the 3 abstracts prepared pursuant to section 50.24, or section 43.49 4 in the case of a primary election, indicate that the difference 5 between the total number of votes cast for the apparent winner 6 and the total number of votes cast for the candidate requesting 7 the recount is less than either one percent or fifty votes, 8 whichever is lesser . For a city runoff election held pursuant 9 to section 376.9 , the written request must be made not later 10 than 5:00 p.m. on the day following the county board’s canvass 11 of the city runoff election. The request shall be filed with 12 the commissioner of that county and shall be signed by either 13 of the following: 14 Sec. 8. Section 50.48, subsection 1, Code 2025, is amended 15 by adding the following new paragraphs: 16 NEW PARAGRAPH . c. The state commissioner of elections 17 shall order a recount of the votes cast for the election or 18 nomination of a candidate for a statewide elected office, 19 member of the general assembly, or federal office in each 20 precinct where a vote was cast for the office if a written 21 request for a recount is made not later than 5:00 p.m. on the 22 day following the county board’s canvass of the election in 23 question and the abstracts prepared pursuant to section 50.24, 24 or section 43.49 in the case of a primary election, indicate 25 that the difference between the total number of votes cast 26 for the apparent winner and the total number of votes cast 27 for the candidate requesting the recount is less than fifteen 28 hundredths of one percent for the election or nomination of a 29 candidate for a statewide elected office or federal office, 30 or less than either one percent or fifty votes, whichever is 31 lesser, for all other elections or nominations. Immediately 32 upon receipt of a request for a recount pursuant to this 33 paragraph, the state commissioner of elections shall send a 34 copy of the request to each commissioner of a county where a 35 -4- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 4/ 14

ballot for the office was cast, who shall conduct a recount 1 as provided by this section and on such date as the state 2 commissioner of elections may direct. The state commissioner 3 of elections shall order the start of a recount pursuant to 4 this paragraph within seven days of receipt by the state 5 commissioner of elections of the request for a recount. A 6 candidate for an office filled by the electors of the entire 7 state shall not be required to pay more than one bond for a 8 recount. 9 NEW PARAGRAPH . d. Immediately upon receipt of a request 10 for a recount for an office filled by the electors of more than 11 one county, other than from the state commissioner of elections 12 pursuant to paragraph “c” , the commissioner shall send a copy of 13 the request to each commissioner of a county where a ballot for 14 the office was cast, who shall conduct a recount as provided in 15 this section. 16 Sec. 9. Section 50.48, subsection 2, Code 2025, is amended 17 by striking the subsection. 18 Sec. 10. Section 50.48, subsections 3 and 4, Code 2025, are 19 amended to read as follows: 20 3. a. The recount shall be conducted by a board which shall 21 consist of : 22 (1) A designee of the candidate requesting the recount, who 23 shall be named in the written request when it is filed. 24 (2) A designee of the apparent winning candidate, who shall 25 be named by that candidate at or before the time the board is 26 required to convene. 27 (3) A person chosen jointly by the members designated 28 under subparagraphs (1) and (2) the commissioner and the 29 commissioner’s staff . The commissioner may assign persons 30 employed by the commissioner to tally ballots during the 31 election as members of the recount board. If the commissioner 32 assigns persons employed by the commissioner to tally ballots 33 during the election as members of the recount board to recount 34 an election for a partisan office, the commissioner shall 35 -5- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 5/ 14

assign an equal number of persons from each political party. 1 b. The commissioner shall convene the persons designated 2 under paragraph “a” , subparagraphs (1) and (2), not later 3 than 9:00 a.m. on the seventh day following the county 4 board’s canvass receipt of a request for the recount of the 5 election in question. If those two members cannot agree on 6 the third member by 8:00 a.m. on the ninth day following the 7 canvass, they shall immediately so notify the chief judge of 8 the judicial district in which the canvass is occurring, who 9 shall appoint the third member not later than 5:00 p.m. on the 10 eleventh day following the canvass. 11 c. The candidate requesting the recount and the apparent 12 winning candidate of the office subject to the recount may 13 select not more than five persons to observe the conduct of the 14 recount in each county where the recount is being conducted. A 15 candidate may replace an observer appointed by the candidate 16 at any time. 17 4. a. When all members of the recount board have been 18 selected convened , the board shall undertake and complete the 19 required recount as expeditiously as reasonably possible. The 20 commissioner or the commissioner’s designee shall supervise the 21 handling of ballots to ensure that the ballots are protected 22 from alteration or damage. The board shall open only the 23 sealed ballot containers from the precincts specified to be 24 recounted in the request or by the recount board. The board 25 shall recount only the all ballots which were voted and counted 26 for the office in question, including any disputed ballots 27 returned as required in section 50.5 . If automatic tabulating 28 equipment was used to count the ballots, the recount board 29 may request the commissioner to retabulate the ballots using 30 the automatic tabulating equipment. The same program used 31 for tabulating the votes on election day shall be used at the 32 recount unless the program is believed or known to be flawed. A 33 recount shall be conducted by the use of automatic tabulating 34 equipment, except that the state commissioner, for an election 35 -6- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 6/ 14

for a member of the general assembly, or commissioner, for a 1 local elective office, may direct that an election be conducted 2 by hand due to extraordinary circumstances. The same method 3 of conducting the recount shall be used in each precinct where 4 the recount is conducted. The commissioner shall make all 5 pieces of automatic tabulating equipment available for use in 6 the recount. For purposes of this paragraph, “extraordinary 7 circumstances” includes but is not limited to a machine failure 8 during an initial recount, a discrepancy between the results 9 of the initial count and the results of the initial recount, 10 and the number of overvotes for an office exceeding the 11 difference between the number of votes received by the apparent 12 winning candidate for that office and the votes received by the 13 candidate who received the second highest number of votes for 14 that office. 15 b. Any member of the recount board may at any time during 16 the recount proceedings extend the recount of votes cast for 17 the office or nomination in question to any other precinct or 18 precincts in the same county, or from which the returns were 19 reported to the commissioner responsible for conducting the 20 election, without the necessity of posting additional bond. 21 c. b. The ballots shall be resealed by the recount board 22 before adjournment and shall be preserved as required by 23 section 50.12 . At the conclusion of the recount, the recount 24 board shall make and file with the commissioner a written 25 report of its findings, which shall be signed by at least two 26 two-thirds of the members of the recount board. The recount 27 board shall complete the recount and file its report not later 28 than the eighteenth day following the county board’s canvass 29 commissioner’s receipt of a request for the recount of the 30 election in question. 31 Sec. 11. Section 50.48, Code 2025, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 9. a. The recount board shall comply with 34 all guidance issued by the state commissioner of elections 35 -7- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 7/ 14

pursuant to section 47.1 during the conduct of a recount. The 1 state commissioner may halt a recount in a county, take custody 2 of all ballots and equipment used in the recount, and appoint 3 staff to conduct a recount if the state commissioner believes 4 that a recount is not being conducted as required by law. 5 b. If the state commissioner believes that a commissioner 6 is purposefully conducting a recount in violation of law, 7 the state commissioner may impose a civil penalty on the 8 commissioner not to exceed twenty-five thousand dollars, to be 9 deposited in the general fund of the state. 10 NEW SUBSECTION . 10. Before a recount board has issued its 11 final report, the candidate or person who requested the recount 12 may reach an agreement with the apparent winner to accept the 13 results of the original canvass by submitting the agreement in 14 writing to each recount board that is conducting the recount. 15 Upon receipt of the agreement, the recount boards shall cease 16 their work and report to each county commissioner in a county 17 where the recount is being conducted that the results of the 18 original canvass are the official results. 19 Sec. 12. Section 50.49, subsection 1, Code 2025, is amended 20 to read as follows: 21 1. A recount for any public measure shall be ordered by the 22 board of canvassers if a petition requesting a recount is filed 23 with the state commissioner for a public measure voted on by 24 the electors of the entire state, or the county commissioner 25 for all other public measures, not later than three days after 26 the completion of the canvass of votes for the election at 27 which the question appeared on the ballot and the abstracts 28 prepared pursuant to section 50.24 indicate that the difference 29 between the affirmative and negative votes cast on the public 30 measure is less than fifteen hundredths of one percent for a 31 public measure voted on by the electors of the entire state, 32 or less than either one percent or fifty votes, whichever is 33 lesser, for all other public measures . The petition shall be 34 signed by the greater of not less than ten eligible electors or 35 -8- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 8/ 14

a number of eligible electors equaling one percent of the total 1 number of votes cast upon the public measure. Each petitioner 2 must be a person who was entitled to vote on the public measure 3 in question or would have been so entitled if registered to 4 vote. 5 Sec. 13. Section 50.49, subsection 4, Code 2025, is amended 6 by striking the subsection. 7 Sec. 14. Section 50.50, Code 2025, is amended to read as 8 follows: 9 50.50 Administrative recounts audits . 10 1. The commissioner who was responsible for conducting an 11 election may request an administrative recount audit when the 12 commissioner is informed or suspects that voting equipment used 13 in the election malfunctioned or that programming errors may 14 have affected the outcome of the election, or if the precinct 15 election officials report counting errors to the commissioner 16 after the conclusion of the canvass of votes in the precinct. 17 An administrative recount audit shall be conducted by the board 18 of the special precinct established by section 53.23 . Bond 19 shall not be required for an administrative recount. The 20 state commissioner may adopt rules for administrative recounts 21 audits . 22 2. If the recount board finds that there is an error 23 in the programming of any voting equipment which may have 24 affected the outcome of the election for any office or public 25 measure on the ballot, the recount board shall describe the 26 errors in its report to the commissioner. The commissioner 27 shall notify the board of supervisors. The supervisors shall 28 determine whether to order an administrative recount for any 29 or all of the offices and public measures on the ballot. Each 30 political party, as defined in section 43.2, may appoint up 31 to five observers to witness an audit conducted pursuant to 32 this section. The observers shall be appointed by the county 33 chairperson or, if the county chairperson fails to make an 34 appointment, by the state chairperson. However, if either or 35 -9- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 9/ 14

both political parties fail to appoint an observer, the board 1 may continue with the proceedings. 2 Sec. 15. Section 57.7, Code 2025, is amended to read as 3 follows: 4 57.7 Contest court for contest of public measure —— appeal . 5 The court for the trial of a contested election on a 6 public measure shall consist of one person designated by 7 the petitioners who are contesting the election, who shall 8 be designated in writing by the petitioners at the time 9 the contest is filed, one person designated by the county 10 commissioner of elections to represent the interests adverse 11 to those of the petitioners, and a third person who shall be 12 chosen jointly by the designees of the petitioners and of the 13 commissioner. If the persons selected by the petitioners and 14 the county commissioner of elections cannot agree on a third 15 person, the chief judge of the judicial district in which the 16 contest is filed shall appoint a third person to serve five 17 district court judges, appointed by the chief justice of the 18 supreme court by January 30 of each odd-numbered year . The 19 decision of the contest court may be appealed to the supreme 20 court. 21 Sec. 16. Section 58.7, Code 2025, is amended to read as 22 follows: 23 58.7 Judgment. 24 The judgment of the committee pronounced in the final 25 decision on the election shall be conclusive may be appealed to 26 the supreme court . 27 Sec. 17. Section 60.1, Code 2025, is amended to read as 28 follows: 29 60.1 Court of contest. 30 The court for the trial of contested elections for 31 presidential electors or for the office of senator or 32 representative in Congress shall consist of the chief justice 33 of the supreme court, who shall be presiding judge of the 34 court, and four five judges of the district court to be 35 -10- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 10/ 14

selected by the chief justice of the supreme court by January 1 30 of each odd-numbered year , two three of whom , with the chief 2 justice, shall constitute a quorum for the transaction of the 3 business of the court. If the chief justice should for any 4 cause be unable to attend at the trial, the judge longest on 5 the supreme court bench shall preside in place of the chief 6 justice; and any question arising as to the membership of the 7 court shall be determined by the members of the court not 8 interested in the question The district court judge longest 9 serving shall be the presiding judge of the court . 10 Sec. 18. Section 60.2, Code 2025, is amended to read as 11 follows: 12 60.2 Clerk. 13 The secretary of state clerk of the supreme court shall be 14 the clerk of the court , or, in the secretary of state’s absence 15 or inability to act, the clerk of the supreme court . 16 Sec. 19. Section 60.6, Code 2025, is amended to read as 17 follows: 18 60.6 Judgment —— appeal . 19 The judgment of the court shall determine which of the 20 parties to the action is entitled to hold the office and shall 21 be authenticated by the presiding judge and clerk of the court 22 and filed with the secretary of state; and the judgment so 23 rendered shall constitute a final determination of the title 24 to the office may be appealed to the supreme court , and a 25 certificate of appointment shall be issued to the successful 26 party. 27 Sec. 20. Section 61.1, Code 2025, is amended to read as 28 follows: 29 61.1 Contest court. 30 The court for the trial of contested state offices, except 31 that of governor and lieutenant governor, shall consist of 32 three five district judges, not interested, who shall be 33 selected by the chief justice of the supreme court. 34 Sec. 21. Section 61.2, Code 2025, is amended to read as 35 -11- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 11/ 14

follows: 1 61.2 Clerk. 2 The secretary of state clerk of the supreme court shall be 3 the clerk of this court ; but if the person holding that office 4 is a party to the contest, the clerk of the supreme court, or, 5 in case of that person’s absence or inability, the auditor of 6 state shall be clerk . 7 Sec. 22. Section 61.4, Code 2025, is amended to read as 8 follows: 9 61.4 Selection of court. 10 Upon the filing of such statement, the The chief justice of 11 the supreme court shall select the membership of the court to 12 try such contest by January 30 of each odd-numbered year , and 13 immediately certify such selection to the clerk of the supreme 14 court. Vacancies shall also be filled by the chief justice. 15 Sec. 23. Section 61.12, Code 2025, is amended to read as 16 follows: 17 61.12 Judgment filed —— execution. 18 A transcript of the judgment rendered by such court, filed 19 in the office of the clerk of the supreme court, shall have the 20 force and effect of a judgment of the supreme court, except 21 that the judgment of the court may be appealed to the supreme 22 court, and execution may issue therefrom in the first instance 23 against the party’s property generally. 24 Sec. 24. Section 62.1A, Code 2025, is amended to read as 25 follows: 26 62.1A Contest court established. 27 The court for the trial of contested county elections shall 28 consist of one member named by the contestant and one member 29 named by the incumbent. If the incumbent fails to name a 30 member, the chief judge of the judicial district shall be 31 notified of the failure to appoint. The chief judge shall 32 designate the second member within one week after the chief 33 judge is notified. These two members shall meet within three 34 days and select a third member to serve as the presiding member 35 -12- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 12/ 14

of the court. If they cannot agree on the third member of the 1 court within three days after their initial meeting, the chief 2 judge of the judicial district shall be notified of the failure 3 to agree. The chief judge shall designate the presiding member 4 within one week after the chief judge is notified a district 5 court judge from the judicial district where the county 6 election is being contested, appointed by the chief justice of 7 the supreme court by January 30 of each odd-numbered year . 8 Sec. 25. Section 62.20, Code 2025, is amended to read as 9 follows: 10 62.20 Appeal. 11 The party against whom judgment is rendered may appeal 12 within twenty days to the district supreme court, but, if 13 the party be in possession of the office, such appeal will 14 not supersede the execution of the judgment of the court as 15 provided in section 62.19 , unless the party gives a bond, with 16 security to be approved by the district judge supreme court in 17 a sum to be fixed by the judge supreme court , and which shall be 18 at least double the probable compensation of such officer for 19 six months, which bond shall be conditioned that the party will 20 prosecute the appeal without delay, and that, if the judgment 21 appealed from be affirmed, the party will pay over to the 22 successful party all compensation received by the party while 23 in possession of said office after the judgment appealed from 24 was rendered. The court shall hear the appeal in equity and 25 determine anew all questions arising in the case. 26 Sec. 26. Section 62.21, Code 2025, is amended to read as 27 follows: 28 62.21 Judgment. 29 If, upon appeal, the judgment is affirmed, the district 30 supreme court may render judgment upon the bond for the amount 31 of damages, against the appellant and the sureties thereon. 32 Sec. 27. Section 260C.15, subsection 5, Code 2025, is 33 amended to read as follows: 34 5. The votes cast in the election shall be canvassed and 35 -13- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 13/ 14

abstracts of the votes cast shall be certified as required by 1 section 277.20 . In each county whose commissioner of elections 2 is the controlling commissioner for a merged area under section 3 47.2 , the county board of supervisors shall convene on the 4 second Monday or Tuesday after the day of the election to 5 canvass the abstracts of votes cast from each county in the 6 merged area, and declare the results of the voting. The 7 commissioner shall at once issue certificates of election to 8 each person declared elected, and shall certify to the merged 9 area board in substantially the manner prescribed by section 10 50.27 the result of the voting on any public question submitted 11 to the voters of the merged area. Members elected to the board 12 of directors of a merged area shall qualify by taking the oath 13 of office prescribed in section 277.28 . > 14 2. Title page, by striking lines 1 and 2 and inserting < An 15 Act relating to the recounting and contesting of elections, and 16 providing penalties. > 17 ______________________________ KEN ROZENBOOM -14- SF 543.1443 (1) 91 (amending this SF 543 to CONFORM to HF 928) ss/ns 14/ 14 #2.