House Study Bill 587 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to elections and voter registration, including 1 technical administration of the law by making modifications 2 to certain filing deadlines, preservation of certain 3 records, special elections to fill certain vacancies 4 in office, absentee voting, voting systems, and ballot 5 summaries. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5255XD (18) 84 aw/sc

S.F. _____ H.F. _____ Section 1. Section 43.16, Code 2011, is amended to read as 1 follows: 2 43.16 Return of papers, additions not allowed. 3 1. After a nomination paper has been filed, it shall not 4 be returned to the person who has filed the paper, nor shall 5 any signature or other information be added to the nomination 6 paper. 7 2. a. A person who has filed nomination petitions with the 8 state commissioner may withdraw as a candidate not later than 9 5:00 p.m. on the seventy-sixth day before the primary election 10 by notifying the state commissioner in writing. 11 b. A person who has filed nomination papers with the 12 commissioner may withdraw as a candidate not later than 5:00 13 p.m. on the sixty-seventh day before the primary election by 14 notifying the commissioner in writing. 15 3. The name of a candidate who has withdrawn or died at a 16 time in accordance with this section shall be omitted from the 17 certificate furnished by the state commissioner under section 18 43.22 and omitted from the primary election ballot. 19 Sec. 2. Section 43.23, Code 2011, is amended to read as 20 follows: 21 43.23 Death or withdrawal of primary candidate. 22 1. If a person who has filed nomination papers with the 23 state commissioner as a candidate in a primary election dies 24 or withdraws up to before 5:00 p.m. on the seventy-sixth 25 day before the primary election, the appropriate convention 26 or central committee of that person’s political party may 27 designate one additional primary election candidate for the 28 nomination that person was seeking, if the designation is 29 submitted to the state commissioner in writing by 5:00 p.m. on 30 the seventy-first day before the date of the primary election. 31 The name of any candidate so submitted shall be included in the 32 appropriate certificate or certificates furnished by the state 33 commissioner under section 43.22 . 34 2. If a person who has filed nomination papers with the 35 -1- LSB 5255XD (18) 84 aw/sc 1/ 14

S.F. _____ H.F. _____ commissioner as a candidate in a primary election dies or 1 withdraws up to before 5:00 p.m. on the sixty-seventh day 2 before the primary election, the appropriate convention 3 or central committee of that person’s political party may 4 designate one additional primary election candidate for the 5 nomination that person was seeking, if the designation is 6 submitted to the commissioner in writing by 5:00 p.m. on the 7 sixty-third day before the primary election. The name of any 8 candidate so submitted shall be placed on the appropriate 9 ballot or ballots by the commissioner. 10 Sec. 3. Section 43.24, subsection 1, paragraph b, Code 2011, 11 is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 13 vacancies in the office of representative in Congress at a 14 special election held under section 69.14 shall be filed with 15 the state commissioner not less than sixty days prior to the 16 date set for the special election. 17 Sec. 4. Section 43.24, subsection 1, paragraph b, 18 subparagraph (3), Code 2011, is amended to read as follows: 19 (3) Objections to nominations to fill vacancies in the 20 general assembly at a special election held under section 21 69.14 , under which the forty-day notice of election provision 22 applies, shall be filed with the state commissioner not less 23 than fifteen days prior to the date set for the special 24 election. If the forty-day notice provision does not apply, 25 objections to nominations to fill vacancies in the general 26 assembly at a special election held under section 69.14 may be 27 filed any time prior to the date set for the special election. 28 Sec. 5. Section 43.24, subsection 1, Code 2011, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Objections filed pursuant to this section 31 shall be filed no later than 5:00 p.m. on the final date for 32 filing. 33 Sec. 6. Section 43.24, subsection 2, paragraph b, Code 2011, 34 is amended to read as follows: 35 -2- LSB 5255XD (18) 84 aw/sc 2/ 14

S.F. _____ H.F. _____ b. If an objection is filed to a nomination to fill 1 a vacancy in the general assembly at a special election 2 held under section 69.14 , under which the forty-day notice 3 of election provision of section 69.14 does not apply, 4 notice of the objection shall be made to the candidate by 5 the state commissioner as soon as practicable. Under this 6 paragraph, failure to notify a candidate of an objection to the 7 candidate’s nomination prior to the date set for the special 8 election does not invalidate the hearing conducted under 9 subsection 3 . The hearing to an objection shall proceed as 10 quickly as possible to expedite the special election. 11 Sec. 7. Section 43.72, Code 2011, is amended to read as 12 follows: 13 43.72 State returns filed and preserved. 14 When the canvass is concluded, the board shall deliver 15 the original abstract returns to the state commissioner, who 16 shall file the returns in the state commissioner’s office and 17 preserve the abstracts of the canvass of the state board and 18 certificates attached thereto. The state commissioner may 19 preserve the abstracts and certificates attached thereto in an 20 electronic format. 21 Sec. 8. Section 43.88, Code 2011, is amended to read as 22 follows: 23 43.88 Certification of nominations. 24 1. Nominations made by state, district, and county 25 conventions, shall, under the name, place of residence, and 26 post office address of the nominee, and the office to which 27 nominated, and the name of the political party making the 28 nomination, be forthwith certified to the proper officer by 29 the chairperson and secretary of the convention, or by the 30 committee, as the case may be, and if such certificate is 31 received in time, the names of such nominees shall be printed 32 on the official ballot the same as if the nomination had been 33 made in the primary election. 34 2. Nominations made to fill vacancies in the office of 35 -3- LSB 5255XD (18) 84 aw/sc 3/ 14

S.F. _____ H.F. _____ representative in Congress shall be certified to the state 1 commissioner not less than sixty-two days prior to the date set 2 for the special election. Nominations made to fill vacancies 3 in other offices to which this chapter applies at a special 4 election shall be certified to the proper official not less 5 than twenty-five days prior to the date set for the special 6 election. In the event the special election is to fill a 7 vacancy in the general assembly while it is in session or 8 within forty-five days of the convening of any session, the 9 nomination shall be certified not less than fourteen days 10 before the date of the special election. 11 3. Nominations certified to the proper official under this 12 section shall be accompanied by an affidavit executed by the 13 nominee in substantially the form required by section 43.67 . 14 Sec. 9. Section 44.4, subsection 1, Code 2011, is amended 15 to read as follows: 16 1. Nominations made pursuant to this chapter and 17 chapter 45 which are required to be filed in the office of 18 the state commissioner shall be filed in that office not 19 more than ninety-nine days nor later than 5:00 p.m. on the 20 eighty-first day before the date of the general election to 21 be held in November. Nominations made for a special election 22 called pursuant to section 69.14 to fill vacancies in the 23 general assembly shall be filed by 5:00 p.m. not less than 24 twenty-five days before the date of an election called upon 25 at least forty days’ notice and not less than fourteen days 26 before the date of an election called upon at least eighteen 27 days’ notice. Nominations made to fill vacancies in the 28 office of representative in Congress at a special election 29 shall be certified to the state commissioner not less than 30 sixty-two days prior to the date set for the special election. 31 Nominations made for a special election called pursuant to 32 section 69.14A shall be filed by 5:00 p.m. not less than 33 twenty-five days before the date of the election. Nominations 34 made pursuant to this chapter and chapter 45 which are required 35 -4- LSB 5255XD (18) 84 aw/sc 4/ 14

S.F. _____ H.F. _____ to be filed in the office of the commissioner shall be filed 1 in that office not more than ninety-two days nor later than 2 5:00 p.m. on the sixty-ninth day before the date of the general 3 election. Nominations made pursuant to this chapter or chapter 4 45 for city office shall be filed not more than seventy-two 5 days nor later than 5:00 p.m. on the forty-seventh day before 6 the city election with the city clerk, who shall process them 7 as provided by law. 8 Sec. 10. Section 44.4, subsection 2, paragraph a, Code 2011, 9 is amended by adding the following new subparagraphs: 10 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 11 a vacancy in the office of representative in Congress at a 12 special election held under section 69.14 shall be filed with 13 the state commissioner not less than sixty days prior to the 14 date set for the special election. 15 NEW SUBPARAGRAPH . (003) Objections to nominations to 16 fill a vacancy in the general assembly at a special election 17 held under section 69.14, under which the forty-day notice 18 of election provision applies, shall be filed with the state 19 commissioner not less than fifteen days prior to the date set 20 for the special election. If the forty-day notice provision 21 does not apply, objections to nominations to fill vacancies at 22 a special election held under section 69.14 may be filed no 23 later than the day before the special election. 24 Sec. 11. Section 48A.30, subsection 1, paragraph a, Code 25 2011, is amended to read as follows: 26 a. The registered voter dies. For the purposes of this 27 subsection , the commissioner may accept as evidence of death a 28 notice from the state registrar of vital statistics forwarded 29 by the state registrar of voters, a written statement from a 30 member of the registered voter’s household, an obituary in 31 a newspaper, an obituary on a funeral home internet site, a 32 written statement from an election official, or a notice from 33 the county recorder of the county where the registered voter 34 died. 35 -5- LSB 5255XD (18) 84 aw/sc 5/ 14

S.F. _____ H.F. _____ Sec. 12. Section 48A.32, Code 2011, is amended to read as 1 follows: 2 48A.32 Destruction or removal of canceled voter registration 3 records. 4 Twenty-two months after the next general election following 5 the cancellation of a person’s voter registration, or 6 receipt of an incomplete voter registration application, 7 the commissioner may destroy all records of that person’s 8 registration , including electronic records . At the discretion 9 of the commissioner, canceled records may be donated to a 10 historical society if all confidential information has been 11 removed from the records. 12 Sec. 13. Section 49.45, Code 2011, is amended to read as 13 follows: 14 49.45 General form of ballot. 15 Ballots referred to in section 49.43 shall be substantially 16 in one of the following form forms : 17 Shall the following amendment to the Constitution (or public 18 measure) be adopted? 19 ☐ Yes 20 ☐ No 21 (Here insert the summary, if it is for a constitutional 22 amendment or statewide public measure, and in full the proposed 23 constitutional amendment or public measure. The number 24 assigned by the state commissioner or the letter assigned 25 by the county commissioner shall be included on the ballot 26 centered above the question, “Shall the following amendment to 27 the Constitution [or public measure] be adopted?”.) 28 Shall the following amendment to the Constitution (or public 29 measure) be adopted? 30 (Here insert the summary, if it is for a constitutional 31 amendment or statewide public measure, and in full the proposed 32 constitutional amendment or public measure. The number 33 assigned by the state commissioner or the letter assigned 34 by the county commissioner shall be included on the ballot 35 -6- LSB 5255XD (18) 84 aw/sc 6/ 14

S.F. _____ H.F. _____ centered above the question, “Shall the following amendment to 1 the Constitution [or public measure] be adopted?”.) 2 ☐ Yes 3 ☐ No 4 Sec. 14. Section 50.15A, subsection 2, paragraph a, Code 5 2011, is amended to read as follows: 6 a. After the polls close on election day for a primary 7 election, general election, or special election under section 8 69.14 , the commissioner of elections shall periodically provide 9 election results to the state commissioner of elections as 10 the precincts in the county report election results to the 11 commissioner pursuant to section 50.11 . If the commissioner 12 has access to the software program necessary to produce the 13 election results in an electronic format, the commissioner 14 shall provide the election results required by this section in 15 an electronic format. If the commissioner determines that all 16 precincts will not report election results before the office is 17 closed, the commissioner shall report the most complete results 18 available prior to leaving the office at the time the office is 19 closed as provided in section 50.11 . The commissioner shall 20 specify the number of precincts included in the report to the 21 state commissioner of elections. 22 Sec. 15. Section 50.48, subsection 1, paragraph b, Code 23 2011, is amended to read as follows: 24 b. Immediately upon receipt of a request for a recount, 25 the commissioner shall send a copy of the request to the 26 apparent winner by certified mail. The commissioner shall 27 also attempt to contact the apparent winner by telephone. 28 If the apparent winner cannot be reached within four days, 29 the chairperson of the political party or organization which 30 nominated the apparent winner shall be contacted or, in the 31 case of an election for a nonpartisan office, the entity or 32 officer responsible for making an appointment to fill a vacancy 33 in the office shall be contacted and shall act on behalf of the 34 apparent winner, if necessary. For On behalf of candidates for 35 -7- LSB 5255XD (18) 84 aw/sc 7/ 14

S.F. _____ H.F. _____ partisan state or federal offices, the chairperson of the state 1 party shall be contacted. For On behalf of candidates for 2 partisan county offices, the county chairperson of the party 3 shall be contacted. 4 Sec. 16. Section 52.5, subsection 2, Code 2011, is amended 5 to read as follows: 6 2. The state commissioner shall formulate, with the advice 7 and assistance of the examiners, and adopt rules governing the 8 testing and examination of any optical scan voting system by 9 the board of examiners. The rules shall prescribe the method 10 to be used in determining whether the system is suitable for 11 use within the state and performance standards for voting 12 equipment in use within the state. The rules shall provide 13 that all optical scan voting systems approved for use by the 14 examiners after April 9, 2003, shall meet voting systems 15 performance and test standards, as adopted by the federal 16 election commission on April 30, 2002, and pursuant to the 17 provisions of or as deemed adopted by Pub. L. No. 107-252, 18 § 222. The rules shall include standards for determining when 19 recertification is necessary following modifications to the 20 equipment or to the programs used in tabulating votes, and a 21 procedure for rescinding certification if a system is found 22 not to comply with performance standards adopted by the state 23 commissioner. 24 Sec. 17. Section 53.18, subsection 2, Code 2011, is amended 25 to read as follows: 26 2. If the commissioner receives the return envelope 27 containing the completed absentee ballot by 5:00 p.m. on the 28 Saturday before the election for general and primary elections 29 and by 5:00 p.m. on the Friday before the election for all 30 other elections, the commissioner shall open the envelope to 31 review the affidavit for completeness. If the affidavit is 32 incomplete, the commissioner shall, within twenty-four hours of 33 the time the envelope was received, notify the voter of that 34 fact and that the voter may complete the affidavit in person 35 -8- LSB 5255XD (18) 84 aw/sc 8/ 14

S.F. _____ H.F. _____ at the office of the commissioner by 5:00 p.m. on the day 1 before the election, or in the case of an election at which the 2 polls open at noon on election day, by 10:00 a.m. on the date 3 of the election, vote a replacement ballot in the manner and 4 within the time period provided in subsection 3 , or appear at 5 the voter’s precinct polling place on election day and cast a 6 ballot in accordance with section 53.19, subsection 3 . 7 Sec. 18. Section 53.30, Code 2011, is amended to read as 8 follows: 9 53.30 Ballots, ballot envelopes, and other information 10 preserved. 11 At the conclusion of each meeting of the absentee and special 12 voter’s precinct board, the board shall securely seal all 13 ballots counted by them in the manner prescribed in section 14 50.12 . The ballot envelopes, including the envelope having the 15 registered voter’s affidavit on it, the return envelope, and 16 secrecy envelope bearing the signatures of precinct election 17 officials , as required by section 53.23 , shall be preserved. 18 All applications for absentee ballots, ballots rejected without 19 being opened, absentee ballot logs, and any other documents 20 pertaining to the absentee ballot process shall be preserved 21 until such time as the documents may be destroyed pursuant to 22 section 50.19 . 23 Sec. 19. Section 53.39, subsection 2, Code 2011, is amended 24 to read as follows: 25 2. All official ballots to be voted by qualified absent 26 voters in the armed forces of the United States at the primary 27 election , and the general election , and special elections for 28 representative in Congress shall be printed prior to forty-five 29 days before the respective elections and shall be available for 30 transmittal to such qualified voters in the armed forces of the 31 United States at least forty-five days before the respective 32 elections. The provisions of this chapter apply to absent 33 voting by qualified voters in the armed forces of the United 34 States except as modified by the provisions of this division . 35 -9- LSB 5255XD (18) 84 aw/sc 9/ 14

S.F. _____ H.F. _____ Sec. 20. Section 53.40, subsection 2, Code 2011, is amended 1 to read as follows: 2 2. The commissioner shall immediately on after the ballots 3 are available and no later than the forty-fifth day prior to 4 the particular primary election, general election, or special 5 election for representative in Congress transmit ballots to 6 the voter by mail or otherwise, postage prepaid, as directed 7 by the state commissioner, requests for which are in the 8 commissioner’s hands at that time, and thereafter so transmit 9 ballots immediately upon receipt of requests. A request for 10 ballot for the primary election which does not state the party 11 affiliation of the voter making the request is void and of no 12 effect. A request which does not show that the person for whom 13 a ballot is requested will be a qualified voter in the precinct 14 in which the ballot is to be cast on the day of the election for 15 which the ballot is requested, shall not be honored. However, 16 a request which states the age and the city, including street 17 address, and county where the voter resides is sufficient to 18 show that the person is a qualified voter. A request by the 19 voter containing substantially the information required is 20 sufficient. 21 Sec. 21. Section 53.47, Code 2011, is amended to read as 22 follows: 23 53.47 Materials furnished by department of administrative 24 services state commissioner . 25 1. In order to establish uniformity in size, weight 26 and other characteristics of the ballot and facilitate its 27 distribution and return, the department of administrative 28 services shall upon direction of the state commissioner 29 shall purchase any material needed for any special ballots, 30 envelopes , and other printed matter, and sell any such 31 materials to the several counties of the state at cost plus 32 handling and transportation costs. 33 2. There is hereby appropriated to the department of 34 administrative services state commissioner from the general 35 -10- LSB 5255XD (18) 84 aw/sc 10/ 14

S.F. _____ H.F. _____ fund of the state such sums as may be necessary to purchase 1 any materials provided for herein. The proceeds from sale of 2 such materials to counties shall be turned into the general 3 fund of the state upon receipt of same by the department of 4 administrative services state commissioner . 5 Sec. 22. Section 69.14, Code 2011, is amended to read as 6 follows: 7 69.14 Special election to fill vacancies. 8 A special election to fill a vacancy shall be held for a 9 representative in Congress, or senator or representative in the 10 general assembly, when the body in which such vacancy exists is 11 in session, or will convene prior to the next general election , 12 and the . The governor shall order, not later than five days 13 from the date the vacancy exists, a special election, giving 14 not less than seventy-six days’ notice of such election to 15 fill a vacancy in the office of representative in Congress or 16 forty days’ notice of such election to fill a vacancy in the 17 office of senator or representative in the general assembly . 18 In the event the special election is to fill a vacancy in the 19 general assembly while it is in session or within forty-five 20 days of the convening of any session, the time limit provided 21 in this section shall not apply and the governor shall order 22 such special election at the earliest practical time, giving 23 at least eighteen days’ notice of the special election. Any 24 special election called under this section must be held on 25 a Tuesday and shall not be held on the same day as a school 26 election within the district. 27 Sec. 23. EFFECTIVE UPON ENACTMENT. The following 28 provision or provisions of this Act, being deemed of immediate 29 importance, take effect upon enactment: 30 1. The section of this Act amending section 43.24, 31 subsection 1, paragraph “b”. 32 2. The section of this Act amending section 43.24, 33 subsection 2, paragraph “b”. 34 3. The section of this Act amending section 43.88. 35 -11- LSB 5255XD (18) 84 aw/sc 11/ 14

S.F. _____ H.F. _____ 4. The sections of this Act amending section 44.4, 1 subsections 1 and 2. 2 5. The section of this Act amending section 53.39, 3 subsection 2. 4 6. The section of this Act amending section 53.40, 5 subsection 2. 6 7. The section of this Act amending section 69.14. 7 EXPLANATION 8 This bill relates to the conduct of elections and voter 9 registration generally. 10 The bill amends Code section 43.16, relating to withdrawal 11 of a primary election candidate, and Code section 43.23, 12 relating to replacement of a primary election candidate who 13 has withdrawn or died, to add the clock time of 5:00 p.m. to 14 the current deadline dates. The bill also amends Code section 15 43.24, relating to filing objections to primary election 16 nominations, to add the clock time of 5:00 p.m. to the current 17 deadline dates. 18 The bill amends Code section 43.72 to specify that the state 19 commissioner of elections has the authority to electronically 20 preserve certain abstracts and certificates from primary 21 elections. 22 The bill amends Code section 48A.30 to provide that in 23 canceling the registration of a registered voter, a county 24 commissioner of elections may accept an obituary on a funeral 25 home internet site as evidence of death. 26 The bill amends Code section 48A.32 to allow a county 27 commissioner of elections, following receipt of a person’s 28 incomplete voter registration application, to destroy all 29 records and electronic records of that person’s incomplete 30 registration 22 months after the next general election. The 31 bill also allows a county commissioner of elections to destroy 32 the electronic records of canceled or incomplete registrations. 33 The bill amends Code section 49.45 to allow ballots for 34 constitutional amendments and other public measures to be 35 -12- LSB 5255XD (18) 84 aw/sc 12/ 14

S.F. _____ H.F. _____ published in one of two forms. 1 The bill amends Code section 50.15A to require that a 2 county commissioner of elections provide unofficial election 3 results to the state commissioner of elections for all primary 4 elections and special elections to fill vacancies in the 5 general assembly or office of representative in Congress. 6 Current law already requires that county commissioners provide 7 such results for general elections. The bill also requires 8 that for a primary election, general election, or special 9 election to fill vacancies in the general assembly or office of 10 representative in Congress, a county commissioner of elections 11 provide the state commissioner of elections with election 12 results in an electronic format if the county commissioner has 13 access to the software necessary to produce the results in an 14 electronic format. 15 The bill amends Code section 50.48 to require that in the 16 case of a recount of an election for a nonpartisan office, if 17 the apparent winner cannot be reached within four days after 18 receipt of a request for a recount, the county commissioner of 19 elections shall contact the entity or officer responsible for 20 making an appointment to a vacancy in the nonpartisan office. 21 The bill amends Code section 52.5, relating to the testing 22 and examination of voting equipment, to remove a reference to 23 specific performing and test standards adopted by the federal 24 elections commission on April 30, 2002, but to maintain a 25 reference to the adoption of such standards pursuant to Pub. 26 L. No. 107-252, § 222. 27 The bill amends Code section 53.18 which requires that a 28 county commissioner of elections notify a voter that the voter 29 is allowed the opportunity to complete an affidavit, if the 30 affidavit that accompanies the absentee ballot is incomplete, 31 within 24 hours of the county commissioner receiving 32 the absentee ballot. The bill requires that the county 33 commissioner notify such a voter that they may complete the 34 affidavit in person at the office of the county commissioner 35 -13- LSB 5255XD (18) 84 aw/sc 13/ 14

S.F. _____ H.F. _____ by 10:00 a.m. on the date of the election in the case of an 1 election at which the polls open at noon. 2 The bill amends Code section 53.30 to remove a reference to 3 a requirement that precinct election officials sign the secrecy 4 envelopes that are included with absentee ballots. That 5 requirement was repealed in 2008. 6 The bill amends Code section 53.47, relating to military 7 and overseas voters, to require that the state commissioner 8 of elections purchase any materials needed for any special 9 ballots, envelopes, and other printed materials, and sell such 10 materials to the several counties of the state. Current law 11 requires that the department of administrative services conduct 12 these functions at the direction of the state commissioner of 13 elections. The bill also directs general funds appropriated 14 for these purposes to the state commissioner of elections 15 instead of to the department of administrative services. 16 In order to comply with the provisions of the 2009 Military 17 and Overseas Voter Empowerment Act, the bill amends Code 18 section 69.14 to provide that for vacancies in the office 19 of representative in Congress the governor shall give not 20 less than 76 days’ notice, rather than 40 days’ notice, of 21 the special election to fill the vacancy. The bill makes 22 corresponding changes to Code section 43.24, relating to 23 deadlines for filing objections, and to Code section 43.88, 24 relating to the deadline for filing nomination petitions. The 25 bill makes corresponding changes to Code section 44.4, relating 26 to deadlines for nominations made by nonparty political 27 organizations to fill a vacancy for representatives in Congress 28 or the general assembly and objections to those nominations. 29 The bill also makes corresponding amendments to Code sections 30 53.39 and 53.40 to add special elections for representative in 31 Congress to provisions relating to availability of ballots for 32 qualified voters in the armed forces. These provisions of the 33 bill take effect upon enactment. 34 -14- LSB 5255XD (18) 84 aw/sc 14/ 14