House
File
547
-
Introduced
HOUSE
FILE
547
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
133)
A
BILL
FOR
An
Act
relating
to
election
recounts.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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547
Section
1.
Section
50.48,
subsection
4,
paragraphs
a
and
c,
1
Code
2011,
are
amended
to
read
as
follows:
2
a.
When
all
members
of
the
recount
board
have
been
selected,
3
the
board
shall
undertake
and
complete
the
required
recount
as
4
expeditiously
as
reasonably
possible.
The
commissioner
or
the
5
commissioner’s
designee
shall
supervise
the
handling
of
ballots
6
to
ensure
that
the
ballots
are
protected
from
alteration
7
or
damage.
The
commissioner,
the
commissioner’s
permanent
8
employees,
and
the
members
of
the
recount
board
are
the
only
9
persons
authorized
to
physically
touch
the
ballots
during
the
10
recount.
The
board
members
shall
open
only
the
sealed
ballot
11
containers
from
the
precincts
specified
to
be
recounted
in
12
the
request
or
by
the
recount
board.
The
board
members
shall
13
recount
only
the
ballots
which
were
voted
and
counted
for
the
14
office
in
question,
including
any
disputed
ballots
returned
as
15
required
in
section
50.5
.
If
automatic
tabulating
equipment
16
was
used
to
count
the
ballots,
the
recount
board
may
request
17
the
commissioner
to
retabulate
the
ballots
using
the
automatic
18
tabulating
equipment.
The
same
program
used
for
tabulating
the
19
votes
on
election
day
shall
be
used
at
the
recount
unless
the
20
program
is
believed
or
known
to
be
flawed.
21
c.
The
ballots
shall
be
resealed
by
the
recount
board
22
members
before
adjournment
and
shall
be
preserved
as
required
23
by
section
50.12
.
At
the
conclusion
of
the
recount,
the
24
recount
board
shall
make
and
file
with
the
commissioner
a
25
written
report
of
its
findings,
which
shall
be
signed
by
at
26
least
two
members
of
the
recount
board.
The
recount
board
27
shall
complete
the
recount
and
file
its
report
not
later
than
28
the
eighteenth
day
following
the
county
board’s
canvass
of
the
29
election
in
question.
30
Sec.
2.
Section
50.48,
Code
2011,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
8.
The
state
commissioner
shall
adopt
33
rules
pursuant
to
chapter
17A
to
create
and
implement
uniform
34
recount
procedures
for
recounts
conducted
under
this
section
35
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H.F.
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and
section
50.49.
1
EXPLANATION
2
This
bill
provides
that
the
county
commissioner
of
3
elections,
the
commissioner’s
permanent
employees,
and
the
4
members
of
a
recount
board
are
the
only
persons
authorized
5
to
physically
touch
the
ballots
during
a
recount.
The
bill
6
applies
to
recounts
for
public
office
or
nomination
to
public
7
office
and,
by
operation
of
law,
to
public
measures.
8
The
bill
requires
the
state
commissioner
of
elections
to
9
adopt
rules
to
create
and
implement
uniform
procedures
for
10
recounts.
11
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