Senate Study Bill 3117 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON APPEL) A BILL FOR An Act relating to elections by eliminating double election 1 boards and by requiring the commissioner of elections, upon 2 petition, to use automatic tabulating equipment in certain 3 elections and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5773XC (2) 83 sc/nh

S.F. _____ DIVISION I 1 DOUBLE ELECTION BOARDS 2 Section 1. Section 39A.5, subsection 1, paragraph a, 3 subparagraph (3), Code 2009, is amended to read as follows: 4 (3) Circulating, communicating, or attempting to circulate 5 or communicate information with reference to the result 6 of the counted ballots or making a compilation of vote 7 subtotals before the polls are closed in violation of section 8 51.11 or 53.23. 9 Sec. 2. Section 43.5, Code Supplement 2009, is amended to 10 read as follows: 11 43.5 Applicable statutes. 12 The provisions of chapters 39, 39A, 47, 48A, 49, 50, 51, 52, 13 53, 57, 58, 59, 61, 62, 68A, and 722 shall apply, so far as 14 applicable, to all primary elections, except as hereinafter 15 provided. 16 Sec. 3. Section 49.12, Code 2009, is amended to read as 17 follows: 18 49.12 Election boards. 19 There shall be appointed in each election precinct an 20 election board which shall ordinarily consist of three or five 21 precinct election officials. At the commissioner’s discretion, 22 additional precinct election officials may be appointed to work 23 at any election. Double election boards may be appointed for 24 any precinct as provided by chapter 51 . Not more than a simple 25 majority of the members of the election board in any precinct , 26 or of the two combined boards in any precinct for which a 27 double election board is appointed, shall be members of the 28 same political party or organization if one or more registered 29 voters of another party or organization are qualified and 30 willing to serve on the board. 31 Sec. 4. Section 49.13, subsection 4, Code Supplement 2009, 32 is amended to read as follows: 33 4. The commissioner shall designate one member of each 34 precinct election board as chairperson of that board. If a 35 -1- LSB 5773XC (2) 83 sc/nh 1/ 4

S.F. _____ counting board authorized by chapter 51 is appointed, the 1 chairperson shall have authority over the mechanics of the work 2 of both boards. At the discretion of the commissioner, two 3 people who are members of different political parties may be 4 appointed as co-chairpersons. The co-chairpersons shall have 5 joint authority over the work of the precinct election board. 6 Sec. 5. Section 49.25, subsection 3, Code Supplement 2009, 7 is amended to read as follows: 8 3. The commissioner shall furnish to each precinct the 9 necessary ballot boxes, suitably equipped with seals or locks 10 and keys, and voting booths. The voting booths shall provide 11 for voting in secrecy. At least one voting booth in each 12 precinct shall be accessible to persons with disabilities. 13 Ballot boxes shall be locked or sealed before the polls open 14 and shall remain locked or sealed until the polls are closed, 15 except as provided in section 51.7 or to provide necessary 16 service to malfunctioning automatic tabulating equipment. If 17 a ballot box is opened prior to the closing of the polls, two 18 precinct election officials not of the same party shall be 19 present and observe the ballot box being opened. 20 Sec. 6. Section 49.104, subsection 3, Code 2009, is amended 21 to read as follows: 22 3. Any number of persons not exceeding three at a time from 23 each of such political parties, appointed and accredited in the 24 same manner as above prescribed for challenging committees, to 25 witness the counting of ballots. Subject to the restrictions 26 of section 51.11 , the witnesses may observe the counting of 27 ballots by a counting board during the hours the polls are open 28 in any precinct for which double election boards have been 29 appointed. 30 Sec. 7. Section 331.383, Code Supplement 2009, is amended 31 to read as follows: 32 331.383 Duties and powers relating to elections. 33 The board shall ensure that the county commissioner of 34 elections conducts primary, general, city, school, and special 35 -2- LSB 5773XC (2) 83 sc/nh 2/ 4

S.F. _____ elections in accordance with applicable state law. The 1 board shall canvass elections in accordance with sections 2 43.49 to 43.51, 43.60 to 43.62, 46.24, 50.13, 50.24 to 50.29, 3 50.44 to 50.47, 260C.39, 275.25, 277.20, 376.1, 376.7, and 4 376.9. The board shall prepare and deliver a list of persons 5 nominated in accordance with section 43.55, provide for a 6 recount in accordance with section 50.48, provide for election 7 precincts in accordance with sections 49.3, 49.4, 49.6 to 49.8, 8 and 49.11, pay election costs as provided in section 47.3, 9 participate in election contests as provided in sections 62.1A 10 and 62.9, and perform other election duties required by state 11 law. The board may authorize additional precinct election 12 officials as provided in section 51.1 , provide for the use of 13 an optical scan voting system as provided in sections 52.2, 14 52.3, and 52.8, and exercise other election powers as provided 15 by state law. 16 Sec. 8. REPEAL. Sections 51.1, 51.2, 51.3, 51.4, 51.5, 17 51.6, 51.7, 51.8, 51.9, 51.10, 51.11, 51.12, 51.13, and 51.14, 18 Code 2009, are repealed. 19 Sec. 9. REPEAL. Section 51.15, Code Supplement 2009, is 20 repealed. 21 DIVISION II 22 USE OF AUTOMATIC TABULATING 23 EQUIPMENT AT CERTAIN ELECTIONS 24 Sec. 10. Section 49.26, subsection 2, paragraph b, Code 25 Supplement 2009, is amended to read as follows: 26 b. If the commissioner concludes , pursuant to paragraph 27 “a” , that voting will probably be so light as to make counting 28 of ballots by the precinct election officials less expensive 29 than preparation and use of automatic tabulating equipment, 30 paper ballots shall may be used , subject to paragraph “c” . 31 The If paper ballots are used, the commissioner may shall use 32 ballots and instructions similar to those used when the ballots 33 are counted by automatic tabulating equipment. 34 Sec. 11. Section 49.26, subsection 2, Code Supplement 2009, 35 -3- LSB 5773XC (2) 83 sc/nh 3/ 4

S.F. _____ is amended by adding the following new paragraph: 1 NEW PARAGRAPH . c. Notwithstanding a determination by 2 the commissioner pursuant to paragraph “b” , upon receipt 3 of a petition signed by not less than one hundred eligible 4 electors, the commissioner shall count the ballots at an 5 election described in paragraph “a” using automatic tabulating 6 equipment. 7 Sec. 12. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 EXPLANATION 11 The bill makes changes to the election laws relating to 12 double election boards and to the use of automatic tabulating 13 equipment in certain elections. 14 Division I of the bill eliminates the option of the county 15 commissioner of elections to appoint a double election board 16 under Code chapter 51. The bill makes conforming amendments. 17 Division II of the bill amends Code section 49.26 to provide 18 that the use of conventional paper ballots at certain elections 19 that the county commissioner of elections has determined will 20 have low voter turnout is discretionary with the commissioner. 21 Under current law, if the county commissioner makes such 22 a determination, the use of conventional paper ballots is 23 required. The Code section is also amended to require the 24 county commissioner, when using conventional paper ballots 25 in an election, to use ballots and instructions similar to 26 those used at elections using automatic tabulating equipment 27 (i.e., optical scan equipment). The division further amends 28 Code section 49.26 to provide that the county commissioner 29 is required to use automatic tabulating equipment at those 30 elections if the commissioner receives a petition signed by 31 not less than 100 eligible electors requesting that automatic 32 tabulating equipment be used at the election. 33 The division takes effect upon enactment. 34 -4- LSB 5773XC (2) 83 sc/nh 4/ 4