House File 277
HOUSE FILE
BY JOCHUM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to voting, including to information contained on
2 abstracts of votes and to the definition of a valid vote for
3 purposes of canvassing ballots after an election and during a
4 recount.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1339HH 80
7 sc/sh/8
PAG LIN
1 1 Section 1. Section 39.3, Code 2003, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 8A. "Overvote" means when a voter marks
1 4 more than the permitted number of choices for an office or
1 5 question.
1 6 NEW SUBSECTION. 16A. "Undervote" means when a voter marks
1 7 fewer than the permitted number of choices for an office or
1 8 question.
1 9 Sec. 2. Section 43.49, Code 2003, is amended by adding the
1 10 following new subsection:
1 11 NEW SUBSECTION. 4. The number of overvotes and undervotes
1 12 for each office on the ballot.
1 13 Sec. 3. Section 43.56, unnumbered paragraph 2, Code 2003,
1 14 is amended by striking the unnumbered paragraph.
1 15 Sec. 4. Section 49.98, Code 2003, is amended by striking
1 16 the section and inserting in lieu thereof the following:
1 17 49.98 COUNTING BALLOTS.
1 18 1. Ballots shall be counted according to the voters' marks
1 19 on them as provided in sections 49.92 through 49.97, this
1 20 section, and sections 49.98A and 49.98B. A ballot, or the
1 21 votes on any part of the ballot, shall be counted if the
1 22 ballot contains a clear indication that the voter has made a
1 23 definite choice. A vote for any office or question on a
1 24 ballot shall not be rejected solely because a voter failed to
1 25 follow instructions for marking the ballot. If for any reason
1 26 it is impossible to determine from a ballot, as marked, the
1 27 choice of the voter for any office or question, the vote for
1 28 that office or question shall not be counted. Failure to vote
1 29 for any candidate for a particular office or for either choice
1 30 for a question shall not invalidate valid marks made on the
1 31 rest of the ballot.
1 32 2. When ballots are counted by automatic tabulating
1 33 equipment, the vote tabulating devices shall be configured to
1 34 sort out any ballots read as blank, or that contain overvotes
1 35 for one or more offices or questions. If the ballots are
2 1 tabulated at the precinct, the voter shall be offered the
2 2 opportunity to review the ballot and correct any errors.
2 3 Absentee ballots counted by automatic tabulating equipment and
2 4 ballots tabulated at a counting center established under
2 5 section 52.34 shall be sorted for blank ballots and for
2 6 overvotes. Blank and overvoted ballots shall be given to the
2 7 resolution board and tabulated as required by this section and
2 8 section 52.37.
2 9 3. If a voter uniformly uses a mark other than the mark
2 10 prescribed in the ballot instructions, and does not use the
2 11 prescribed mark anywhere else, and the mark the voter uses
2 12 clearly indicates that the voter has made a choice for a
2 13 candidate or a question on the ballot, the voter's marks shall
2 14 be counted. However, no votes shall be counted if the voter's
2 15 marks identify the ballot in violation of section 39A.4,
2 16 subsection 1, paragraph "a", subparagraph (6).
2 17 4. A vote for an office or question shall be counted if
2 18 the voter has marked the ballot in a manner that will be
2 19 counted as an overvote by automatic tabulating equipment but
2 20 the voter has indicated in a clear fashion that the voter has
2 21 made a mistake and has attempted to correct it, either by an
2 22 erasure or by otherwise indicating which mark is the voter's
2 23 choice, if such indication does not violate section 39A.4,
2 24 subsection 1, paragraph "a", subparagraph (6).
2 25 Sec. 5. NEW SECTION. 49.98A COUNTING STRAIGHT PARTY OR
2 26 ORGANIZATION VOTES.
2 27 When a voter has marked a straight party or organization
2 28 target for one political party or nonparty political
2 29 organization, blank voting targets under an office shall be
2 30 counted as votes for that party or organization. If the voter
2 31 has marked any voting targets next to any of the following in
2 32 addition to the straight party or organization target, those
2 33 votes shall be counted as marked:
2 34 1. A candidate for a political party or nonparty political
2 35 organization that differs from the straight party or
3 1 organization marked by the voter.
3 2 2. A candidate who is not affiliated with any political
3 3 party.
3 4 3. A write=in line.
3 5 However, if a voter has marked the voting target next to
3 6 the name of more than one political party or organization,
3 7 only votes cast for individual candidates shall be counted.
3 8 Sec. 6. NEW SECTION. 49.98B RULES FOR COUNTING BALLOTS.
3 9 The state commissioner of elections shall adopt rules to
3 10 provide guidance for counting votes for each type of voting
3 11 equipment and voting target on ballots in use in the state.
3 12 The rules shall provide specific examples of the kinds of
3 13 errors made by voters and the appropriate interpretation based
3 14 upon the vote counting procedures of this chapter.
3 15 Sec. 7. Section 49.99, Code 2003, is amended to read as
3 16 follows:
3 17 49.99 WRITING NAME ON BALLOT.
3 18 The voter may also write on the line provided for write=in
3 19 votes the name of any person for whom the voter desires to
3 20 vote and mark the voting target opposite the name. If the
3 21 voter is using a voting system other than an electronic voting
3 22 system, as defined in section 52.1, the writing of the Writing
3 23 a name on the write=in line shall constitute a valid vote for
3 24 the person whose name has been written on the ballot without
3 25 regard to whether the voter has made a mark opposite the name.
3 26 However, when When a write=in vote is cast using an electronic
3 27 voting system, the ballot must also be marked in the
3 28 corresponding space in order to be counted. However, precinct
3 29 election officials, resolution boards, and recount boards
3 30 shall count otherwise valid write=in votes cast without the
3 31 mark in the corresponding space. Marking the voting target
3 32 opposite a write=in line without writing a name on the line
3 33 shall not affect the validity of the remainder of the ballot
3 34 be interpreted as no vote for that office.
3 35 If a voter writes the name of a person more than once in
4 1 the proper places on a ballot or on a voting machine for an
4 2 office to which more than one person is to be elected, all but
4 3 one of those votes for that person for that office are void
4 4 and shall not be counted. If a write=in vote is duplicative
4 5 of an otherwise correctly cast vote for a candidate whose name
4 6 appears on the ballot, the write=in vote shall be interpreted
4 7 as a confirmation of the voter's choice and shall be counted
4 8 as one vote for the candidate.
4 9 The officials tabulating write=in votes shall disregard
4 10 misspellings or variations in names or abbreviations for
4 11 write=in candidates and shall count the variations in the form
4 12 of the name for a single person if the officials can determine
4 13 for whom the write=in votes were cast.
4 14 Sec. 8. Section 50.24, unnumbered paragraph 1, Code 2003,
4 15 is amended to read as follows:
4 16 The county board of supervisors shall meet to canvass the
4 17 vote on the first Monday or Tuesday after the day of each
4 18 election to which this chapter is applicable, unless the law
4 19 authorizing the election specifies another date for the
4 20 canvass. If that Monday or Tuesday is a public holiday,
4 21 section 4.1, subsection 34, controls. Upon convening, the
4 22 board shall open and canvass the tally lists and shall prepare
4 23 abstracts stating, in words written at length, the number of
4 24 votes cast in the county, or in that portion of the county in
4 25 which the election was held, for each office and on each
4 26 question on the ballot for the election. The board shall
4 27 contact the chairperson of the special precinct board before
4 28 adjourning and include in the canvass any absentee ballots
4 29 which were received after the polls closed in accordance with
4 30 section 53.17 and which were canvassed by the special precinct
4 31 board after election day. The abstract shall further indicate
4 32 the name of each person who received votes for each office on
4 33 the ballot, and the number of votes each person named received
4 34 for that office, and the number of votes for and against each
4 35 question submitted to the voters at the election. The votes
5 1 of all write=in candidates who each received less than two
5 2 percent of the votes cast for an office shall be reported
5 3 collectively under the heading "scattering". The abstract
5 4 shall also show the number of overvotes and undervotes for
5 5 each office or question on the ballot.
5 6 Sec. 9. Section 50.48, subsection 4, unnumbered paragraph
5 7 1, Code 2003, is amended to read as follows:
5 8 When all members of the recount board have been selected,
5 9 the board shall undertake and complete the required recount as
5 10 expeditiously as reasonably possible. The commissioner or the
5 11 commissioner's designee shall supervise the handling of
5 12 ballots or voting machine documents to ensure that the ballots
5 13 and other documents are protected from alteration or damage.
5 14 The board shall open only the sealed ballot containers from
5 15 the precincts specified to be recounted in the request or by
5 16 the recount board. The board shall recount only the ballots
5 17 which were voted and counted for the office in question,
5 18 including any disputed ballots returned as required in section
5 19 50.5. If an electronic tabulating system was used to count
5 20 the ballots, the recount board may request the commissioner to
5 21 retabulate the ballots using the electronic tabulating system.
5 22 The same program used for tabulating the votes on election day
5 23 shall be used at the recount unless the program is believed or
5 24 known to be flawed. The board shall recount the ballots in
5 25 accordance with the method for counting ballots set forth by
5 26 statute and by administrative rule. The ballots shall be
5 27 counted according to the voters' marks on the ballots as
5 28 provided in sections 49.92 through 49.98B and not otherwise.
5 29 A voter's definite choices shall be counted even if the
5 30 recount board determines that the voter's choices differ from
5 31 the manner in which the ballot was counted by the automatic
5 32 tabulating equipment.
5 33 EXPLANATION
5 34 This bill makes changes relating to information included on
5 35 abstracts of votes and the definition of a valid vote.
6 1 The bill requires that an abstract of votes for a primary
6 2 or general election show the number of overvotes and
6 3 undervotes for each office or question on the ballot. The
6 4 bill defines overvote and undervote.
6 5 The bill provides that a vote shall not be rejected solely
6 6 because a voter failed to follow instructions for marking the
6 7 ballot and if a voter uniformly uses a mark other than the
6 8 prescribed mark, the votes shall be counted. The bill also
6 9 provides that failure to vote for each office or question on
6 10 the ballot shall not invalidate valid marks made on the rest
6 11 of the ballot.
6 12 The bill requires that vote=tabulating devices be
6 13 configured to sort for blank votes and overvotes. If
6 14 tabulating takes place at the precinct, the voter shall be
6 15 offered the opportunity to review the ballot and correct any
6 16 errors. Blank and overvoted ballots that were cast absentee
6 17 or that were tabulated at a counting center shall be given to
6 18 the resolution board for determination of whether the votes
6 19 cast were valid.
6 20 The bill provides that when a voter has marked a straight
6 21 party or organization target and then marks the targets of
6 22 candidates not of that party or organization or has made a
6 23 write=in vote, the ballot shall be counted according to the
6 24 votes cast under the individual offices. A blank voting
6 25 target under an office shall be counted as a vote under the
6 26 straight party or organization vote.
6 27 The bill directs the state commissioner of elections to
6 28 adopt rules to provide guidance for counting votes.
6 29 The bill provides that a write=in vote shall be counted by
6 30 precinct election officials, resolution boards, and recount
6 31 boards even if the voter did not mark the voting target next
6 32 to the write=in line and the vote was cast using an electronic
6 33 voting system. The bill also provides that a write=in vote
6 34 that duplicates a correctly cast vote for a candidate on the
6 35 ballot shall be counted as one vote for the candidate. The
7 1 bill further provides that officials tabulating write=in votes
7 2 shall disregard misspellings or variations in names or
7 3 abbreviations for write=in votes if the officials can
7 4 determine for whom the write=in votes were cast.
7 5 The bill provides that a recount board shall count the
7 6 definite choices of the voter even if the board determines
7 7 that the voter's choices differ from the manner in which the
7 8 ballot was counted by the automatic tabulating equipment.
7 9 LSB 1339HH 80
7 10 sc/sh/8