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 TLSB 2551HV (3) 84 sc/rj
H.F. 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 -1- LSB 2551HV (3) 84 sc/rj 1/ 2
H.F. 547 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 -2- LSB 2551HV (3) 84 sc/rj 2/ 2