House
File
928
-
Enrolled
House
File
928
AN
ACT
RELATING
TO
THE
RECOUNTING
AND
CONTESTING
OF
ELECTIONS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
43.49,
subsection
1,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
On
the
Monday
or
Tuesday
following
the
primary
election,
the
board
of
supervisors
shall
meet,
open,
and
canvass
the
returns
from
each
voting
precinct
in
the
county,
and
make
abstracts
thereof,
stating
the
following:
Sec.
2.
Section
43.56,
subsection
2,
Code
2025,
is
amended
by
striking
the
subsection.
Sec.
3.
Section
46.24,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
A
judge
of
the
supreme
court,
court
of
appeals,
or
district
court
including
a
district
associate
judge,
full-time
associate
juvenile
judge,
or
full-time
associate
probate
judge,
or
a
clerk
of
the
district
court
must
receive
more
affirmative
than
negative
votes
to
be
retained
in
office.
When
the
poll
is
closed,
the
election
judges
shall
publicly
canvass
the
vote
forthwith.
The
board
of
supervisors
shall
canvass
the
returns
on
the
Monday
or
Tuesday
after
the
election,
and
shall
promptly
certify
the
number
of
affirmative
and
negative
votes
on
each
judge
or
clerk
to
the
state
commissioner
of
elections.
Sec.
4.
Section
50.21,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
House
File
928,
p.
2
1.
The
commissioner
shall
reconvene
the
election
board
of
the
special
precinct
established
by
section
53.20
not
earlier
than
noon
on
the
second
day
following
each
election
which
is
required
by
law
to
be
canvassed
on
the
Monday
or
Tuesday
following
the
election.
If
the
second
day
following
such
an
election
is
a
legal
holiday
the
special
precinct
election
board
may
be
convened
at
noon
on
the
day
following
the
election,
and
if
the
canvass
of
the
election
is
scheduled
at
any
time
earlier
than
the
Monday
Tuesday
following
the
election,
the
special
precinct
election
board
shall
be
reconvened
at
noon
on
the
day
following
the
election.
Sec.
5.
Section
50.24,
subsections
1
and
4,
Code
2025,
are
amended
to
read
as
follows:
1.
The
county
board
of
supervisors
shall
meet
to
canvass
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
each
election
to
which
this
chapter
is
applicable,
unless
the
law
authorizing
the
election
specifies
another
date
for
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
section
4.1,
subsection
34
,
controls.
4.
For
a
regular
or
special
city
election
or
a
city
runoff
election,
if
the
city
is
located
in
more
than
one
county,
the
controlling
commissioner
for
that
city
under
section
47.2
shall
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
the
day
of
the
election.
However,
if
a
recount
is
requested
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
conduct
the
second
canvass
within
two
business
days
after
the
conclusion
of
the
recount
proceedings.
Each
commissioner
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
city
to
the
controlling
commissioner
for
that
city,
along
with
individual
tallies
for
each
write-in
candidate.
At
the
second
canvass,
the
county
board
of
supervisors
of
the
county
of
the
controlling
commissioner
shall
canvass
the
abstracts
received
pursuant
to
this
subsection
and
shall
prepare
a
combined
city
abstract
stating
the
number
of
votes
cast
in
the
city
for
each
office
and
on
each
question
on
the
ballot
for
the
city
election.
The
combined
city
abstract
shall
further
indicate
the
name
of
each
person
who
received
votes
for
each
office
on
the
ballot,
the
number
of
votes
each
person
named
House
File
928,
p.
3
received
for
that
office,
and
the
number
of
votes
for
and
against
each
question
submitted
to
the
voters
at
the
election.
The
votes
of
all
write-in
candidates
who
each
received
less
than
five
percent
of
the
total
votes
cast
in
the
city
for
an
office
shall
be
reported
collectively
under
the
heading
“scattering”.
Sec.
6.
Section
50.24,
subsection
5,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
For
a
regular
or
special
school
election,
if
the
school
district
is
located
in
more
than
one
county,
the
controlling
commissioner
for
that
school
district
under
section
47.2
shall
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
the
day
of
election.
However,
if
a
recount
is
requested
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
conduct
the
second
canvass
within
two
business
days
after
the
conclusion
of
the
recount
proceedings.
Each
commissioner
conducting
a
canvass
for
the
school
district
pursuant
to
subsection
1
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
school
district
to
the
controlling
commissioner
for
that
school
district,
along
with
individual
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
county
board
of
supervisors
of
the
controlling
county
shall
canvass
the
abstracts
received
pursuant
to
this
subsection
and
shall
prepare
a
combined
school
district
abstract
stating
the
number
of
votes
cast
in
the
school
district
for
each
office
and
on
each
question
on
the
ballot
for
the
school
election.
The
combined
school
district
abstract
shall
further
indicate
the
name
of
each
person
who
received
votes
for
each
office
on
the
ballot,
the
number
of
votes
each
person
named
received
for
that
office,
and
the
number
of
votes
for
and
against
each
question
submitted
to
the
voters
at
the
election.
The
votes
of
all
write-in
candidates
who
each
received
less
than
five
percent
of
the
total
votes
cast
in
the
school
district
for
an
office
shall
be
reported
collectively
under
the
heading
“scattering”.
Sec.
7.
Section
50.48,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
Except
as
provided
in
paragraph
“c”
,
the
county
board
of
canvassers
shall
order
a
recount
of
the
votes
cast
for
House
File
928,
p.
4
a
particular
office
or
nomination
in
one
or
more
specified
each
election
precincts
in
that
county
precinct
where
a
vote
was
cast
for
an
office
if
a
written
request
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
third
day
following
the
county
board’s
canvass
of
the
election
in
question
and
the
abstracts
prepared
pursuant
to
section
50.24,
or
section
43.49
in
the
case
of
a
primary
election,
indicate
that
the
difference
between
the
total
number
of
votes
cast
for
the
apparent
winner
and
the
total
number
of
votes
cast
for
the
candidate
requesting
the
recount
is
less
than
either
one
percent
or
fifty
votes,
whichever
is
lesser
.
For
a
city
runoff
election
held
pursuant
to
section
376.9
,
the
written
request
must
be
made
not
later
than
5:00
p.m.
on
the
day
following
the
county
board’s
canvass
of
the
city
runoff
election.
The
request
shall
be
filed
with
the
commissioner
of
that
county
and
shall
be
signed
by
either
of
the
following:
Sec.
8.
Section
50.48,
subsection
1,
Code
2025,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
c.
The
state
commissioner
of
elections
shall
order
a
recount
of
the
votes
cast
for
the
election
or
nomination
of
a
candidate
for
a
statewide
elected
office,
member
of
the
general
assembly,
or
federal
office
in
each
precinct
where
a
vote
was
cast
for
the
office
if
a
written
request
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
day
following
the
county
board’s
canvass
of
the
election
in
question
and
the
abstracts
prepared
pursuant
to
section
50.24,
or
section
43.49
in
the
case
of
a
primary
election,
indicate
that
the
difference
between
the
total
number
of
votes
cast
for
the
apparent
winner
and
the
total
number
of
votes
cast
for
the
candidate
requesting
the
recount
is
less
than
fifteen
hundredths
of
one
percent
for
the
election
or
nomination
of
a
candidate
for
a
statewide
elected
office
or
federal
office,
or
less
than
either
one
percent
or
fifty
votes,
whichever
is
lesser,
for
all
other
elections
or
nominations.
Immediately
upon
receipt
of
a
request
for
a
recount
pursuant
to
this
paragraph,
the
state
commissioner
of
elections
shall
send
a
copy
of
the
request
to
each
commissioner
of
a
county
where
a
ballot
for
the
office
was
cast,
who
shall
conduct
a
recount
as
provided
by
this
section
and
on
such
date
as
the
state
House
File
928,
p.
5
commissioner
of
elections
may
direct.
The
state
commissioner
of
elections
shall
order
the
start
of
a
recount
pursuant
to
this
paragraph
within
seven
days
of
receipt
by
the
state
commissioner
of
elections
of
the
request
for
a
recount.
A
candidate
for
an
office
filled
by
the
electors
of
the
entire
state
shall
not
be
required
to
pay
more
than
one
bond
for
a
recount.
NEW
PARAGRAPH
.
d.
Immediately
upon
receipt
of
a
request
for
a
recount
for
an
office
filled
by
the
electors
of
more
than
one
county,
other
than
from
the
state
commissioner
of
elections
pursuant
to
paragraph
“c”
,
the
commissioner
shall
send
a
copy
of
the
request
to
each
commissioner
of
a
county
where
a
ballot
for
the
office
was
cast,
who
shall
conduct
a
recount
as
provided
in
this
section.
Sec.
9.
Section
50.48,
subsection
2,
Code
2025,
is
amended
by
striking
the
subsection.
Sec.
10.
Section
50.48,
subsections
3
and
4,
Code
2025,
are
amended
to
read
as
follows:
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
consist
of
:
(1)
A
designee
of
the
candidate
requesting
the
recount,
who
shall
be
named
in
the
written
request
when
it
is
filed.
(2)
A
designee
of
the
apparent
winning
candidate,
who
shall
be
named
by
that
candidate
at
or
before
the
time
the
board
is
required
to
convene.
(3)
A
person
chosen
jointly
by
the
members
designated
under
subparagraphs
(1)
and
(2)
the
commissioner
and
the
commissioner’s
staff
.
The
commissioner
may
assign
persons
employed
by
the
commissioner
to
tally
ballots
during
the
election
as
members
of
the
recount
board.
If
the
commissioner
assigns
persons
employed
by
the
commissioner
to
tally
ballots
during
the
election
as
members
of
the
recount
board
to
recount
an
election
for
a
partisan
office,
the
commissioner
shall
assign
an
equal
number
of
persons
from
each
political
party.
b.
The
commissioner
shall
convene
the
persons
designated
under
paragraph
“a”
,
subparagraphs
(1)
and
(2),
not
later
than
9:00
a.m.
on
the
seventh
day
following
the
county
board’s
canvass
receipt
of
a
request
for
the
recount
of
the
election
in
question.
If
those
two
members
cannot
agree
on
House
File
928,
p.
6
the
third
member
by
8:00
a.m.
on
the
ninth
day
following
the
canvass,
they
shall
immediately
so
notify
the
chief
judge
of
the
judicial
district
in
which
the
canvass
is
occurring,
who
shall
appoint
the
third
member
not
later
than
5:00
p.m.
on
the
eleventh
day
following
the
canvass.
c.
The
candidate
requesting
the
recount
and
the
apparent
winning
candidate
of
the
office
subject
to
the
recount
may
select
not
more
than
five
persons
to
observe
the
conduct
of
the
recount
in
each
county
where
the
recount
is
being
conducted.
A
candidate
may
replace
an
observer
appointed
by
the
candidate
at
any
time.
4.
a.
When
all
members
of
the
recount
board
have
been
selected
convened
,
the
board
shall
undertake
and
complete
the
required
recount
as
expeditiously
as
reasonably
possible.
The
commissioner
or
the
commissioner’s
designee
shall
supervise
the
handling
of
ballots
to
ensure
that
the
ballots
are
protected
from
alteration
or
damage.
The
board
shall
open
only
the
sealed
ballot
containers
from
the
precincts
specified
to
be
recounted
in
the
request
or
by
the
recount
board.
The
board
shall
recount
only
the
all
ballots
which
were
voted
and
counted
for
the
office
in
question,
including
any
disputed
ballots
returned
as
required
in
section
50.5
.
If
automatic
tabulating
equipment
was
used
to
count
the
ballots,
the
recount
board
may
request
the
commissioner
to
retabulate
the
ballots
using
the
automatic
tabulating
equipment.
The
same
program
used
for
tabulating
the
votes
on
election
day
shall
be
used
at
the
recount
unless
the
program
is
believed
or
known
to
be
flawed.
A
recount
shall
be
conducted
by
the
use
of
automatic
tabulating
equipment,
except
that
the
state
commissioner,
for
an
election
for
a
member
of
the
general
assembly,
or
commissioner,
for
a
local
elective
office,
may
direct
that
an
election
be
conducted
by
hand
due
to
extraordinary
circumstances.
The
same
method
of
conducting
the
recount
shall
be
used
in
each
precinct
where
the
recount
is
conducted.
The
commissioner
shall
make
all
pieces
of
automatic
tabulating
equipment
available
for
use
in
the
recount.
For
purposes
of
this
paragraph,
“extraordinary
circumstances”
includes
but
is
not
limited
to
a
machine
failure
during
an
initial
recount,
a
discrepancy
between
the
results
of
the
initial
count
and
the
results
of
the
initial
recount,
House
File
928,
p.
7
and
the
number
of
overvotes
for
an
office
exceeding
the
difference
between
the
number
of
votes
received
by
the
apparent
winning
candidate
for
that
office
and
the
votes
received
by
the
candidate
who
received
the
second
highest
number
of
votes
for
that
office.
b.
Any
member
of
the
recount
board
may
at
any
time
during
the
recount
proceedings
extend
the
recount
of
votes
cast
for
the
office
or
nomination
in
question
to
any
other
precinct
or
precincts
in
the
same
county,
or
from
which
the
returns
were
reported
to
the
commissioner
responsible
for
conducting
the
election,
without
the
necessity
of
posting
additional
bond.
c.
b.
The
ballots
shall
be
resealed
by
the
recount
board
before
adjournment
and
shall
be
preserved
as
required
by
section
50.12
.
At
the
conclusion
of
the
recount,
the
recount
board
shall
make
and
file
with
the
commissioner
a
written
report
of
its
findings,
which
shall
be
signed
by
at
least
two
two-thirds
of
the
members
of
the
recount
board.
The
recount
board
shall
complete
the
recount
and
file
its
report
not
later
than
the
eighteenth
day
following
the
county
board’s
canvass
commissioner’s
receipt
of
a
request
for
the
recount
of
the
election
in
question.
Sec.
11.
Section
50.48,
Code
2025,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
9.
a.
The
recount
board
shall
comply
with
all
guidance
issued
by
the
state
commissioner
of
elections
pursuant
to
section
47.1
during
the
conduct
of
a
recount.
The
state
commissioner
may
halt
a
recount
in
a
county,
take
custody
of
all
ballots
and
equipment
used
in
the
recount,
and
appoint
staff
to
conduct
a
recount
if
the
state
commissioner
believes
that
a
recount
is
not
being
conducted
as
required
by
law.
b.
If
the
state
commissioner
believes
that
a
commissioner
is
purposefully
conducting
a
recount
in
violation
of
law,
the
state
commissioner
may
impose
a
civil
penalty
on
the
commissioner
not
to
exceed
twenty-five
thousand
dollars,
to
be
deposited
in
the
general
fund
of
the
state.
NEW
SUBSECTION
.
10.
Before
a
recount
board
has
issued
its
final
report,
the
candidate
or
person
who
requested
the
recount
may
reach
an
agreement
with
the
apparent
winner
to
accept
the
results
of
the
original
canvass
by
submitting
the
agreement
in
House
File
928,
p.
8
writing
to
each
recount
board
that
is
conducting
the
recount.
Upon
receipt
of
the
agreement,
the
recount
boards
shall
cease
their
work
and
report
to
each
county
commissioner
in
a
county
where
the
recount
is
being
conducted
that
the
results
of
the
original
canvass
are
the
official
results.
Sec.
12.
Section
50.49,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
A
recount
for
any
public
measure
shall
be
ordered
by
the
board
of
canvassers
if
a
petition
requesting
a
recount
is
filed
with
the
state
commissioner
for
a
public
measure
voted
on
by
the
electors
of
the
entire
state,
or
the
county
commissioner
for
all
other
public
measures,
not
later
than
three
days
after
the
completion
of
the
canvass
of
votes
for
the
election
at
which
the
question
appeared
on
the
ballot
and
the
abstracts
prepared
pursuant
to
section
50.24
indicate
that
the
difference
between
the
affirmative
and
negative
votes
cast
on
the
public
measure
is
less
than
fifteen
hundredths
of
one
percent
for
a
public
measure
voted
on
by
the
electors
of
the
entire
state,
or
less
than
either
one
percent
or
fifty
votes,
whichever
is
lesser,
for
all
other
public
measures
.
The
petition
shall
be
signed
by
the
greater
of
not
less
than
ten
eligible
electors
or
a
number
of
eligible
electors
equaling
one
percent
of
the
total
number
of
votes
cast
upon
the
public
measure.
Each
petitioner
must
be
a
person
who
was
entitled
to
vote
on
the
public
measure
in
question
or
would
have
been
so
entitled
if
registered
to
vote.
Sec.
13.
Section
50.49,
subsection
4,
Code
2025,
is
amended
by
striking
the
subsection.
Sec.
14.
Section
50.50,
Code
2025,
is
amended
to
read
as
follows:
50.50
Administrative
recounts
audits
.
1.
The
commissioner
who
was
responsible
for
conducting
an
election
may
request
an
administrative
recount
audit
when
the
commissioner
is
informed
or
suspects
that
voting
equipment
used
in
the
election
malfunctioned
or
that
programming
errors
may
have
affected
the
outcome
of
the
election,
or
if
the
precinct
election
officials
report
counting
errors
to
the
commissioner
after
the
conclusion
of
the
canvass
of
votes
in
the
precinct.
An
administrative
recount
audit
shall
be
conducted
by
the
board
House
File
928,
p.
9
of
the
special
precinct
established
by
section
53.23
.
Bond
shall
not
be
required
for
an
administrative
recount.
The
state
commissioner
may
adopt
rules
for
administrative
recounts
audits
.
2.
If
the
recount
board
finds
that
there
is
an
error
in
the
programming
of
any
voting
equipment
which
may
have
affected
the
outcome
of
the
election
for
any
office
or
public
measure
on
the
ballot,
the
recount
board
shall
describe
the
errors
in
its
report
to
the
commissioner.
The
commissioner
shall
notify
the
board
of
supervisors.
The
supervisors
shall
determine
whether
to
order
an
administrative
recount
for
any
or
all
of
the
offices
and
public
measures
on
the
ballot.
Each
political
party,
as
defined
in
section
43.2,
may
appoint
up
to
five
observers
to
witness
an
audit
conducted
pursuant
to
this
section.
The
observers
shall
be
appointed
by
the
county
chairperson
or,
if
the
county
chairperson
fails
to
make
an
appointment,
by
the
state
chairperson.
However,
if
either
or
both
political
parties
fail
to
appoint
an
observer,
the
board
may
continue
with
the
proceedings.
Sec.
15.
Section
57.7,
Code
2025,
is
amended
to
read
as
follows:
57.7
Contest
court
for
contest
of
public
measure
——
appeal
.
The
court
for
the
trial
of
a
contested
election
on
a
public
measure
shall
consist
of
one
person
designated
by
the
petitioners
who
are
contesting
the
election,
who
shall
be
designated
in
writing
by
the
petitioners
at
the
time
the
contest
is
filed,
one
person
designated
by
the
county
commissioner
of
elections
to
represent
the
interests
adverse
to
those
of
the
petitioners,
and
a
third
person
who
shall
be
chosen
jointly
by
the
designees
of
the
petitioners
and
of
the
commissioner.
If
the
persons
selected
by
the
petitioners
and
the
county
commissioner
of
elections
cannot
agree
on
a
third
person,
the
chief
judge
of
the
judicial
district
in
which
the
contest
is
filed
shall
appoint
a
third
person
to
serve
five
district
court
judges,
appointed
by
the
chief
justice
of
the
supreme
court
by
January
30
of
each
odd-numbered
year
.
The
decision
of
the
contest
court
may
be
appealed
to
the
supreme
court.
Sec.
16.
Section
58.7,
Code
2025,
is
amended
to
read
as
House
File
928,
p.
10
follows:
58.7
Judgment.
The
judgment
of
the
committee
pronounced
in
the
final
decision
on
the
election
shall
be
conclusive
may
be
appealed
to
the
supreme
court
.
Sec.
17.
Section
60.1,
Code
2025,
is
amended
to
read
as
follows:
60.1
Court
of
contest.
The
court
for
the
trial
of
contested
elections
for
presidential
electors
or
for
the
office
of
senator
or
representative
in
Congress
shall
consist
of
the
chief
justice
of
the
supreme
court,
who
shall
be
presiding
judge
of
the
court,
and
four
five
judges
of
the
district
court
to
be
selected
by
the
chief
justice
of
the
supreme
court
by
January
30
of
each
odd-numbered
year
,
two
three
of
whom
,
with
the
chief
justice,
shall
constitute
a
quorum
for
the
transaction
of
the
business
of
the
court.
If
the
chief
justice
should
for
any
cause
be
unable
to
attend
at
the
trial,
the
judge
longest
on
the
supreme
court
bench
shall
preside
in
place
of
the
chief
justice;
and
any
question
arising
as
to
the
membership
of
the
court
shall
be
determined
by
the
members
of
the
court
not
interested
in
the
question
The
district
court
judge
longest
serving
shall
be
the
presiding
judge
of
the
court
.
Sec.
18.
Section
60.2,
Code
2025,
is
amended
to
read
as
follows:
60.2
Clerk.
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
the
clerk
of
the
court
,
or,
in
the
secretary
of
state’s
absence
or
inability
to
act,
the
clerk
of
the
supreme
court
.
Sec.
19.
Section
60.6,
Code
2025,
is
amended
to
read
as
follows:
60.6
Judgment
——
appeal
.
The
judgment
of
the
court
shall
determine
which
of
the
parties
to
the
action
is
entitled
to
hold
the
office
and
shall
be
authenticated
by
the
presiding
judge
and
clerk
of
the
court
and
filed
with
the
secretary
of
state;
and
the
judgment
so
rendered
shall
constitute
a
final
determination
of
the
title
to
the
office
may
be
appealed
to
the
supreme
court
,
and
a
certificate
of
appointment
shall
be
issued
to
the
successful
House
File
928,
p.
11
party.
Sec.
20.
Section
61.1,
Code
2025,
is
amended
to
read
as
follows:
61.1
Contest
court.
The
court
for
the
trial
of
contested
state
offices,
except
that
of
governor
and
lieutenant
governor,
shall
consist
of
three
five
district
judges,
not
interested,
who
shall
be
selected
by
the
chief
justice
of
the
supreme
court.
Sec.
21.
Section
61.2,
Code
2025,
is
amended
to
read
as
follows:
61.2
Clerk.
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
the
clerk
of
this
court
;
but
if
the
person
holding
that
office
is
a
party
to
the
contest,
the
clerk
of
the
supreme
court,
or,
in
case
of
that
person’s
absence
or
inability,
the
auditor
of
state
shall
be
clerk
.
Sec.
22.
Section
61.4,
Code
2025,
is
amended
to
read
as
follows:
61.4
Selection
of
court.
Upon
the
filing
of
such
statement,
the
The
chief
justice
of
the
supreme
court
shall
select
the
membership
of
the
court
to
try
such
contest
by
January
30
of
each
odd-numbered
year
,
and
immediately
certify
such
selection
to
the
clerk
of
the
supreme
court.
Vacancies
shall
also
be
filled
by
the
chief
justice.
Sec.
23.
Section
61.12,
Code
2025,
is
amended
to
read
as
follows:
61.12
Judgment
filed
——
execution.
A
transcript
of
the
judgment
rendered
by
such
court,
filed
in
the
office
of
the
clerk
of
the
supreme
court,
shall
have
the
force
and
effect
of
a
judgment
of
the
supreme
court,
except
that
the
judgment
of
the
court
may
be
appealed
to
the
supreme
court,
and
execution
may
issue
therefrom
in
the
first
instance
against
the
party’s
property
generally.
Sec.
24.
Section
62.1A,
Code
2025,
is
amended
to
read
as
follows:
62.1A
Contest
court
established.
The
court
for
the
trial
of
contested
county
elections
shall
consist
of
one
member
named
by
the
contestant
and
one
member
named
by
the
incumbent.
If
the
incumbent
fails
to
name
a
House
File
928,
p.
12
member,
the
chief
judge
of
the
judicial
district
shall
be
notified
of
the
failure
to
appoint.
The
chief
judge
shall
designate
the
second
member
within
one
week
after
the
chief
judge
is
notified.
These
two
members
shall
meet
within
three
days
and
select
a
third
member
to
serve
as
the
presiding
member
of
the
court.
If
they
cannot
agree
on
the
third
member
of
the
court
within
three
days
after
their
initial
meeting,
the
chief
judge
of
the
judicial
district
shall
be
notified
of
the
failure
to
agree.
The
chief
judge
shall
designate
the
presiding
member
within
one
week
after
the
chief
judge
is
notified
a
district
court
judge
from
the
judicial
district
where
the
county
election
is
being
contested,
appointed
by
the
chief
justice
of
the
supreme
court
by
January
30
of
each
odd-numbered
year
.
Sec.
25.
Section
62.20,
Code
2025,
is
amended
to
read
as
follows:
62.20
Appeal.
The
party
against
whom
judgment
is
rendered
may
appeal
within
twenty
days
to
the
district
supreme
court,
but,
if
the
party
be
in
possession
of
the
office,
such
appeal
will
not
supersede
the
execution
of
the
judgment
of
the
court
as
provided
in
section
62.19
,
unless
the
party
gives
a
bond,
with
security
to
be
approved
by
the
district
judge
supreme
court
in
a
sum
to
be
fixed
by
the
judge
supreme
court
,
and
which
shall
be
at
least
double
the
probable
compensation
of
such
officer
for
six
months,
which
bond
shall
be
conditioned
that
the
party
will
prosecute
the
appeal
without
delay,
and
that,
if
the
judgment
appealed
from
be
affirmed,
the
party
will
pay
over
to
the
successful
party
all
compensation
received
by
the
party
while
in
possession
of
said
office
after
the
judgment
appealed
from
was
rendered.
The
court
shall
hear
the
appeal
in
equity
and
determine
anew
all
questions
arising
in
the
case.
Sec.
26.
Section
62.21,
Code
2025,
is
amended
to
read
as
follows:
62.21
Judgment.
If,
upon
appeal,
the
judgment
is
affirmed,
the
district
supreme
court
may
render
judgment
upon
the
bond
for
the
amount
of
damages,
against
the
appellant
and
the
sureties
thereon.
Sec.
27.
Section
260C.15,
subsection
5,
Code
2025,
is
amended
to
read
as
follows:
House
File
928,
p.
13
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
section
277.20
.
In
each
county
whose
commissioner
of
elections
is
the
controlling
commissioner
for
a
merged
area
under
section
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
second
Monday
or
Tuesday
after
the
day
of
the
election
to
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
merged
area,
and
declare
the
results
of
the
voting.
The
commissioner
shall
at
once
issue
certificates
of
election
to
each
person
declared
elected,
and
shall
certify
to
the
merged
area
board
in
substantially
the
manner
prescribed
by
section
50.27
the
result
of
the
voting
on
any
public
question
submitted
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
of
office
prescribed
in
section
277.28
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
928,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor