House File 516 - Introduced HOUSE FILE 516 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 93) A BILL FOR An Act relating to the conduct and administration of elections, 1 including voter registration, absentee voting, voter 2 identity verification, signature verification, polling place 3 prohibitions, commissioner duties and certifications, voter 4 misconduct information and reporting, straight party voting, 5 and post-election audits, creating an electronic poll book 6 and polling place technology revolving loan fund, providing 7 penalties, and including effective date and applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1365HV (2) 87 aw/sc

H.F. 516 DIVISION I 1 GENERAL PROVISIONS 2 Section 1. Section 22.7, Code 2017, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 70. The voter verification number, as 5 defined in section 53.2, subsection 4, paragraph “c” , that is 6 assigned to a voter and maintained and updated in the statewide 7 voter registration system. 8 Sec. 2. Section 39A.5, subsection 1, paragraph b, Code 2017, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (3) Violating any provision of chapter 11 48A for which another penalty is not provided. 12 Sec. 3. NEW SECTION . 48A.24 Deadline for submitting voter 13 registration forms. 14 1. A person who accepts a completed voter registration form 15 from an applicant shall submit the form to the appropriate 16 commissioner within seven days of receiving the form if the 17 person accepting the form is doing so on behalf of any of the 18 following: 19 a. A political party, as defined in section 43.2. 20 b. A nonparty political organization required to nominate 21 candidates under chapter 44. 22 c. A candidate or committee, as defined in section 68A.102. 23 2. Notwithstanding the deadline in subsection 1, a person 24 described in subsection 1 who accepts a completed voter 25 registration form from an applicant within three days of the 26 voter registration deadline prescribed in section 48A.9 for 27 the next election shall submit the form to the appropriate 28 commissioner within twenty-four hours of accepting the form, 29 and not later than the registration deadline. 30 Sec. 4. Section 48A.30, subsection 1, Code 2017, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0f. The registered voter is not a resident 33 of Iowa, or the registered voter submits documentation under 34 section 607A.4, subsection 3, that indicates that the voter is 35 -1- LSB 1365HV (2) 87 aw/sc 1/ 28

H.F. 516 not a citizen of the United States. 1 Sec. 5. Section 48A.31, Code 2017, is amended to read as 2 follows: 3 48A.31 Deceased persons record. 4 The state registrar of vital statistics shall transmit 5 or cause to be transmitted to the state registrar of voters, 6 once each calendar quarter, a certified list of all persons 7 seventeen and one-half years of age and older in the state 8 whose deaths have been reported to the bureau of vital records 9 of the Iowa department of public health since the previous list 10 of decedents was certified to the state registrar of voters. 11 The list shall be submitted according to the specifications 12 of the state registrar of voters and shall be transmitted to 13 the state registrar of voters without charge for production or 14 transmission . The commissioner shall, in the month following 15 the end of a calendar quarter, run the statewide voter 16 registration system’s matching program to determine whether a 17 listed decedent was registered to vote in the county and shall 18 immediately cancel the registration of any person named on the 19 list of decedents. 20 Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 2017, 21 are amended to read as follows: 22 1. a. Any registered voter, under the circumstances 23 specified in section 53.1 , may on any day, except election day, 24 and not more than seventy one hundred twenty days prior to the 25 date of the election, apply in person for an absentee ballot 26 at the commissioner’s office or at any location designated by 27 the commissioner. However, for those elections in which the 28 commissioner directs the polls be opened at noon pursuant to 29 section 49.73 , a voter may apply in person for an absentee 30 ballot at the commissioner’s office from 8:00 a.m. until 11:00 31 a.m. on election day. 32 b. A registered voter may make written application to the 33 commissioner for an absentee ballot. A written application 34 for an absentee ballot must be received by the commissioner 35 -2- LSB 1365HV (2) 87 aw/sc 2/ 28

H.F. 516 no later than 5:00 p.m. on the Friday before the election 1 on the same day as the voter registration deadline provided 2 in section 48A.9 for the election for which the ballot is 3 requested, except when the absentee ballot is requested and 4 voted at the commissioner’s office pursuant to section 53.10 . 5 A written application for an absentee ballot delivered to the 6 commissioner and received by the commissioner more than seventy 7 one hundred twenty days prior to the date of the election shall 8 be retained by the commissioner and processed in the same 9 manner as a written application received not more than seventy 10 days before the date of the election returned to the voter 11 with a notification of the date when the applications will be 12 accepted . 13 4. a. Each application shall contain the following 14 information: 15 (1) The name and signature of the registered voter , the . 16 (2) The registered voter’s date of birth , the . 17 (3) The address at which the voter is registered to vote , 18 and the . 19 (4) The registered voter’s voter verification number. 20 (5) The name or date of the election for which the absentee 21 ballot is requested , and such . 22 (6) Such other information as may be necessary to determine 23 the correct absentee ballot for the registered voter. 24 b. If insufficient information has been provided, including 25 the absence of a voter verification number, either on the 26 prescribed form or on an application created by the applicant, 27 the commissioner shall, by the best means available, obtain 28 the additional necessary information. A voter requesting 29 or casting a ballot pursuant to section 53.22 shall not be 30 required to provide a voter verification number. 31 c. For purposes of this subsection, “voter verification 32 number” means the registered voter’s driver’s license number 33 or nonoperator’s identification card number assigned to the 34 voter by the department of transportation or the registered 35 -3- LSB 1365HV (2) 87 aw/sc 3/ 28

H.F. 516 voter’s identification number assigned to the voter by the 1 state commissioner pursuant to section 47.7, subsection 2. 2 8. An application for an absentee ballot that is returned 3 to the commissioner by a person acting as an actual or implied 4 agent for a political party, as defined in section 43.2, or 5 by a candidate , or committee, all both as defined by chapter 6 68A , shall be returned to the commissioner within seventy-two 7 hours of the time the completed application was received from 8 the applicant or no later than 5:00 p.m. on the Friday before 9 same day as the election deadline under subsection 1, paragraph 10 “b” , whichever is earlier. An application received by a person 11 acting as an actual or implied agent of a political party after 12 the deadline but before the date of the election shall be 13 returned to the commissioner within twenty-four hours. 14 Sec. 7. Section 53.10, Code 2017, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 2A. A voter shall not vote or offer to 17 vote any ballot except such as the voter has received from 18 the commissioner. A voter voting an absentee ballot at the 19 commissioner’s office shall not take or remove any ballot from 20 the commissioner’s office. 21 DIVISION II 22 VOTER IDENTITY AND SIGNATURE VERIFICATION 23 Sec. 8. Section 48A.7A, subsection 1, paragraph b, 24 subparagraph (1), subparagraph division (c), Code 2017, is 25 amended to read as follows: 26 (c) A United States military or veterans identification 27 card. 28 Sec. 9. Section 48A.7A, subsection 1, paragraph b, 29 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended 30 to read as follows: 31 If the photographic identification presented does not 32 contain the person’s current address in the precinct, the 33 person shall also present one of the following documents that 34 shows the person’s name and current address in the precinct , 35 -4- LSB 1365HV (2) 87 aw/sc 4/ 28

H.F. 516 and the document must be dated, or describe terms of residency 1 current to, within forty-five days prior to presentation : 2 Sec. 10. Section 48A.7A, subsection 1, paragraph c, Code 3 2017, is amended to read as follows: 4 c. In lieu of paragraph “b” , a person wishing to vote 5 may establish identity and residency in the precinct by 6 written oath of a person who is registered to vote in the 7 precinct. Before signing an oath under this paragraph, the 8 attesting registered voter shall present to the precinct 9 election official proof of the voter’s identity, as described 10 in section 49.78, subsection 2. The registered voter’s oath 11 shall attest to the stated identity of the person wishing to 12 vote and that the person is a current resident of the precinct. 13 The oath must be signed by the attesting registered voter in 14 the presence of the appropriate precinct election official. 15 A registered voter who has signed an oath on election day 16 attesting to a person’s identity and residency as provided in 17 this paragraph is prohibited from signing any further oaths as 18 provided in this paragraph on that day. 19 Sec. 11. Section 48A.7A, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 5. a. If a person registers to vote 22 under this section at a polling place that has access to an 23 electronic poll book, the precinct election official shall 24 verify against a database maintained by the state commissioner 25 that the person has not been convicted of a felony or, if the 26 person has been convicted of a felony, the person has had the 27 person’s voting rights restored. If the precinct election 28 official determines that the person has not been convicted of 29 a felony or has been convicted of a felony but the person’s 30 voting rights have been restored, the precinct election 31 official shall furnish a ballot to the voter. If the database 32 indicates that the person has been convicted of a felony and 33 that the person’s voting rights have not been restored, the 34 precinct election official shall challenge the person under 35 -5- LSB 1365HV (2) 87 aw/sc 5/ 28

H.F. 516 section 49.79. 1 b. If a person registers to vote under this section at 2 a polling place that does not have access to an electronic 3 poll book, the person shall be permitted to cast a provisional 4 ballot under section 49.81, and the absentee and special voters 5 precinct board, appointed pursuant to section 53.23, shall 6 verify against a database maintained by the state commissioner 7 that the person has not been convicted of a felony or, if the 8 person has been convicted of a felony, the person’s voting 9 rights have been restored. If information in the database 10 indicates that the person has not been convicted of a felony 11 or, if the person has been convicted of a felony, the person’s 12 voting rights have been restored, the voter’s provisional 13 ballot shall be counted. If the database indicates that the 14 person has been convicted of a felony and the person’s voting 15 rights have not been restored, the voter’s provisional ballot 16 shall be rejected. 17 Sec. 12. NEW SECTION . 48A.10A Voter registration cards —— 18 verification of voter registration information. 19 1. The state registrar shall compare lists of persons who 20 are registered to vote with the department of transportation’s 21 driver’s license and nonoperator’s identification card files 22 and shall issue a voter registration card to each active, 23 registered voter whose name does not appear in the department 24 of transportation’s files. 25 2. The commissioner shall issue voter registration cards 26 on an ongoing basis as prescribed by the state registrar for 27 all new registrations and registration updates as a part of the 28 regular voter acknowledgment process required under sections 29 48A.26 and 48A.26A. 30 3. A person issued a voter registration card under this 31 section shall not be charged any fee for the issuance or 32 delivery of the voter registration card. 33 4. Implementation of this section shall be contingent upon 34 appropriations by the general assembly in sufficient amounts to 35 -6- LSB 1365HV (2) 87 aw/sc 6/ 28

H.F. 516 meet the requirements of this section. 1 5. The state registrar shall adopt rules pursuant to chapter 2 17A to implement this section. 3 Sec. 13. Section 48A.26A, subsection 1, Code 2017, is 4 amended to read as follows: 5 1. Within forty-five twenty-one days of receiving a 6 voter registration form completed under section 48A.7A , the 7 commissioner shall send an acknowledgment to the registrant, in 8 the manner provided in section 48A.26, subsections 2 through 5 , 9 as applicable, at the mailing address shown on the registration 10 form. The acknowledgment shall be sent by nonforwardable mail. 11 Sec. 14. Section 48A.38, subsection 1, paragraph f, Code 12 2017, is amended to read as follows: 13 f. The county commissioner of registration and the state 14 registrar of voters shall remove a voter’s whole or partial 15 social security number, as applicable, voter identification 16 number assigned by the state commissioner, Iowa driver’s 17 license number, or Iowa nonoperator’s identification card 18 number from a voter registration list prepared pursuant to this 19 section . 20 Sec. 15. Section 49.53, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. The commissioner shall not less than four nor more than 23 twenty days before the day of each election, except those for 24 which different publication requirements are prescribed by law, 25 publish notice of the election. The notice shall contain a 26 facsimile of the portion of the ballot containing the first 27 rotation as prescribed by section 49.31, subsection 2 , and 28 shall show the names of all candidates or nominees and the 29 office each seeks, and all public questions, to be voted upon 30 at the election. The sample ballot published as a part of the 31 notice may at the discretion of the commissioner be reduced in 32 size relative to the actual ballot but such reduction shall 33 not cause upper case letters appearing in candidates’ names or 34 in summaries of public measures on the published sample ballot 35 -7- LSB 1365HV (2) 87 aw/sc 7/ 28

H.F. 516 to be less than nine point type. The notice shall also state 1 the date of the election, the hours the polls will be open, 2 that each voter is required to provide identification at the 3 polling place before the voter can receive and cast a ballot, 4 the location of each polling place at which voting is to occur 5 in the election, and the names of the precincts voting at each 6 polling place, but the statement need not set forth any fact 7 which is apparent from the portion of the ballot appearing as 8 a part of the same notice. The notice shall include the full 9 text of all public measures to be voted upon at the election. 10 Sec. 16. Section 49.77, subsection 1, unnumbered paragraph 11 1, Code 2017, is amended to read as follows: 12 The board members of their respective precincts shall have 13 charge of the ballots and shall furnish them to the voters 14 after verifying each voter’s identity pursuant to section 15 49.78 . 16 Sec. 17. Section 49.77, subsection 3, Code 2017, is amended 17 by striking the subsection. 18 Sec. 18. NEW SECTION . 49.78 Voter identity and signature 19 verification. 20 1. To ensure the integrity of, and to instill public 21 confidence in, all elections in this state the general assembly 22 finds that the verification of a voter’s identity is necessary 23 before a voter is permitted to receive and cast a ballot. 24 2. a. Before a precinct election official furnishes 25 a ballot to a voter under section 49.77, the voter shall 26 establish the voter’s identity by presenting the official with 27 one of the following forms of identification for verification: 28 (1) An Iowa driver’s license issued pursuant to section 29 321.189. 30 (2) An Iowa nonoperator’s identification card issued 31 pursuant to section 321.190. 32 (3) A United States passport. 33 (4) A United States military or veterans identification 34 card. 35 -8- LSB 1365HV (2) 87 aw/sc 8/ 28

H.F. 516 b. Upon being presented with a form of identification under 1 this section, the precinct election official shall examine 2 the identification. The precinct election official shall use 3 the information on the identification card, including the 4 signature, to determine whether the person offering to vote 5 appears to be the person depicted on the identification card. 6 The voter’s signature shall generally be presumed to be valid. 7 If the identification provided does not appear to be the person 8 offering to vote under section 49.77, the precinct election 9 official shall challenge the person offering to vote in the 10 same manner provided for other challenges by sections 49.79 11 and 49.80. A person offering to vote who establishes identity 12 by presenting a veteran’s identification card that does not 13 contain a signature, is not subject to challenge under this 14 paragraph “b” . 15 3. To establish the voter’s identity under this section, 16 a person who is registered to vote but is unable to present a 17 form of identification listed under subsection 2 may present 18 any of the following: 19 a. A current voter registration card provided pursuant to 20 section 48A.10A that contains the voter identification number 21 if the voter registration card is signed before the voter 22 presents the card to the election official. 23 b. Other forms of identification sufficient to establish 24 identity and residence under section 48A.7A, subsection 1, 25 paragraph “b” . 26 4. A person who is registered to vote but is unable 27 to present a form of identification under subsection 2 or 28 3 may establish identity and residency in the precinct by 29 written oath of a person who is also registered to vote in 30 the precinct. The attesting registered voter’s oath shall 31 attest to the stated identity of the person wishing to vote 32 and that the person is a current resident of the precinct. 33 The oath must be signed by the attesting registered voter in 34 the presence of the appropriate precinct election official. 35 -9- LSB 1365HV (2) 87 aw/sc 9/ 28

H.F. 516 A registered voter who has signed two oaths on election day 1 attesting to a person’s identity and residency as provided in 2 this subsection is prohibited from signing any further oaths as 3 provided in this subsection on that day. 4 5. The form of the written oath required of a registered 5 voter attesting to the identity and residency of the voter 6 unable to present a form of identification shall read as 7 follows: 8 I, ..... (name of attesting registered voter), do solemnly 9 swear or affirm all of the following: 10 I am a preregistered voter in this precinct or I registered to 11 vote in this precinct today, and a registered voter did not 12 sign an oath on my behalf. I have not signed more than one oath 13 attesting to the identity and residence of any other person in 14 this election. 15 I am a resident of the ... precinct, ... ward or township, 16 city of ....., county of ....., Iowa. 17 I reside at ....... (street address) in ..... (city or 18 township). 19 I personally know ..... (name of voter), and I personally know 20 that ..... (name of voter) is a resident of the ... precinct, 21 ..... ward or township, city of ....., county of ....., Iowa. 22 I understand that any false statement in this oath is a class 23 “D” felony punishable by no more than five years in confinement 24 and a fine of at least seven hundred fifty dollars but not more 25 than seven thousand five hundred dollars. 26 ............. 27 Signature of Attesting Registered Voter 28 Subscribed and sworn before me on .. (date). 29 ............. 30 Signature of Precinct Election Official 31 6. A voter who is not otherwise disqualified from voting and 32 who has established identity under subsection 2, 3, or 4 shall 33 be furnished a ballot and be allowed to vote under section 34 49.77. 35 -10- LSB 1365HV (2) 87 aw/sc 10/ 28

H.F. 516 7. A registered voter who fails to establish the voter’s 1 identity under this section shall be permitted to cast a 2 provisional ballot under section 49.81. 3 8. The state commissioner shall develop and implement a 4 public education campaign relating to the requirements to vote 5 under this section. 6 9. a. Notwithstanding subsection 7, for any election 7 conducted prior to January 1, 2019, a registered voter who 8 fails to establish the voter’s identity under this section 9 shall be permitted to vote upon signing an oath attesting to 10 the voter’s identity. The form of the written oath required of 11 the person voting under this subsection shall read as follows: 12 My name is ............., and I am a United States citizen, 13 at least eighteen years of age. I am the person named above, I 14 am a registered voter of this county, and I am eligible to vote 15 in this election. 16 ............. 17 (signature of voter) (date) 18 b. This subsection is repealed July 1, 2019. 19 Sec. 19. Section 49.81, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 1A. A prospective voter who is unable to 22 establish identity under section 49.78, subsection 2, paragraph 23 “a” , or section 49.78, subsection 3 or 4, shall be notified by 24 the appropriate precinct election official that the voter may 25 cast a provisional ballot. The voter shall mark the ballot and 26 immediately seal it in an envelope of the type prescribed by 27 subsection 4. The voter shall deliver the sealed envelope to a 28 precinct election official who shall deposit it in an envelope 29 marked “provisional ballots”. The ballot shall be considered 30 as having been cast in the special precinct established by 31 section 53.20 for purposes of the postelection canvass. 32 Sec. 20. Section 49.124, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 3. The training course and the continuing 35 -11- LSB 1365HV (2) 87 aw/sc 11/ 28

H.F. 516 education program under this section shall include practical 1 and holistic instruction on the criteria for determining 2 whether a person meets the requirements for establishing 3 identity under section 49.78, subsection 2, consistent with all 4 voting rights and nondiscrimination provisions of federal and 5 state law. The state commissioner of elections shall adopt 6 rules pursuant to chapter 17A to implement instruction required 7 under this subsection. 8 Sec. 21. Section 53.2, Code 2017, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4A. The commissioner may dispute an 11 application if it appears to the commissioner that the 12 signature on the application has been signed by someone other 13 than the registered voter, in comparing the signature on the 14 application to the signature on record of the registered 15 voter named on the application. If the commissioner disputes 16 a registered voter’s application under this subsection, 17 the commissioner shall notify the registered voter and the 18 registered voter may submit a new application and signature or 19 update the registered voter’s signature on record, as provided 20 by rule adopted by the state commissioner. 21 Sec. 22. Section 53.18, subsection 3, Code 2017, is amended 22 to read as follows: 23 3. If the affidavit envelope or the return envelope marked 24 with the affidavit contains a defect that would cause the 25 absentee ballot to be rejected by the absentee and special 26 voters precinct board, the commissioner shall immediately 27 notify the voter of that fact and that the voter’s absentee 28 ballot shall not be counted unless the voter requests and 29 returns a replacement ballot in the time permitted under 30 section 53.17, subsection 2 . For the purposes of this section, 31 a return envelope marked with the affidavit shall be considered 32 to contain a defect if it appears to the commissioner that 33 the signature on the envelope has been signed by someone 34 other than the registered voter, in comparing the signature 35 -12- LSB 1365HV (2) 87 aw/sc 12/ 28

H.F. 516 on the envelope to the signature on record of the registered 1 voter named on the envelope. A signature or marking made 2 in accordance with section 39.3, subsection 17, shall not 3 be considered a defect for purposes of this section. The 4 voter may request a replacement ballot in person, in writing, 5 or over the telephone. The same serial number that was 6 assigned to the records of the original absentee ballot 7 application shall be used on the envelope and records of the 8 replacement ballot. The envelope marked with the affidavit and 9 containing the completed replacement ballot shall be marked 10 “Replacement ballot”. The envelope marked with the affidavit 11 and containing the original ballot shall be marked “Defective” 12 and the replacement ballot shall be attached to such envelope 13 containing the original ballot and shall be stored in a secure 14 place until they are delivered to the absentee and special 15 voters precinct board, notwithstanding sections 53.26 and 16 53.27 . 17 Sec. 23. Section 53.22, Code 2017, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 7. The proof of identity requirements 20 under section 49.78 shall not apply to a voter casting a ballot 21 pursuant to this section. 22 Sec. 24. Section 53.25, Code 2017, is amended to read as 23 follows: 24 53.25 Rejecting ballot. 25 1. a. If the absentee voter’s affidavit lacks the voter’s 26 signature, if the applicant is not a duly registered voter on 27 election day in the precinct where the absentee ballot was 28 cast, if the envelope marked with the affidavit contains more 29 than one ballot of any one kind, or if the voter has voted 30 in person, such vote shall be rejected by the absentee and 31 special voters precinct board. If the affidavit envelope or 32 return envelope marked with the affidavit is open, or has been 33 opened and resealed, or if the ballot is not enclosed in such 34 envelope, and an affidavit envelope or return envelope marked 35 -13- LSB 1365HV (2) 87 aw/sc 13/ 28

H.F. 516 with the affidavit with the same serial number and marked 1 “Replacement ballot” is not attached as provided in section 2 53.18 , the vote ballot shall be rejected by the absentee and 3 special voters precinct board. 4 b. If a voter casts a provisional ballot pursuant to section 5 49.78, subsection 7, and the voter has failed to establish the 6 voter’s identity at the commissioner’s office, the provisional 7 ballot shall be rejected by the absentee and special voters 8 precinct board. 9 2. If the absentee or provisional ballot is rejected prior 10 to the opening of the affidavit envelope or return envelope 11 marked with the affidavit, the voter casting the ballot shall 12 be notified by a precinct election official by the time the 13 canvass is completed of the reason for the rejection on a form 14 prescribed by the state commissioner of elections. 15 Sec. 25. SEVERABILITY. If any provision of this division of 16 this Act or the application of any provision of this division 17 of this Act to any person or circumstance is held invalid, the 18 invalidity shall not affect other provisions of the division 19 which can be given effect without the invalid provisions or 20 application of the invalid provisions, and to this end, the 21 provisions of the division are severable. 22 Sec. 26. EFFECTIVE DATE. This division of this Act takes 23 effect upon the appropriation of moneys by the general assembly 24 to the state commissioner of elections in an amount sufficient 25 for implementation of section 48A.10A as declared by the 26 general assembly. 27 Sec. 27. APPLICABILITY. This division of this Act applies 28 to elections held on or after the effective date of this 29 division of this Act. 30 DIVISION III 31 POLLING PLACES 32 Sec. 28. NEW SECTION . 47.11 Electronic poll book and 33 polling place technology program —— revolving loan fund. 34 1. An electronic poll book and polling place technology 35 -14- LSB 1365HV (2) 87 aw/sc 14/ 28

H.F. 516 program is created and an electronic poll book and polling 1 place technology revolving loan fund is created in the state 2 treasury under the control of the state commissioner. The 3 program and revolving loan fund shall be administered by the 4 state commissioner and the revolving loan fund shall include 5 moneys allocated from the state commissioner’s budget and any 6 other moneys obtained or accepted by the state commissioner for 7 deposit in the revolving loan fund. 8 2. a. The state commissioner may loan moneys in the 9 revolving loan fund to county commissioners for the purchase or 10 update of electronic poll book and polling place technology. 11 b. Moneys loaned under this subsection shall be used, in 12 accordance with section 49.28, to furnish electronic poll books 13 to election precincts for the purpose of modernizing polling 14 places throughout the state. 15 c. The state commissioner may spend an amount not to 16 exceed thirty percent of the moneys in the revolving loan 17 fund at the beginning of a fiscal year to administer polling 18 place technology to ensure compliance with state standards 19 of technological security and the protection of personally 20 identifiable information. 21 3. A loan made under this section shall bear no interest. 22 4. Notwithstanding section 12C.7, subsection 2, interest or 23 earnings on moneys in the revolving loan fund shall be credited 24 to the revolving loan fund. Notwithstanding section 8.33, 25 moneys in the revolving loan fund that remain unencumbered or 26 unobligated at the close of a fiscal year shall not revert to 27 any other fund but shall remain available in the revolving loan 28 fund for the purposes designated. 29 5. The state commissioner shall adopt rules pursuant to 30 chapter 17A to administer this section. 31 Sec. 29. Section 49.88, subsection 1, Code 2017, is amended 32 to read as follows: 33 1. No more than one person shall be allowed to occupy 34 any voting booth at any time. The use of cameras, cellular 35 -15- LSB 1365HV (2) 87 aw/sc 15/ 28

H.F. 516 telephones, pagers, or other electronic communications devices 1 in the voting booth photographic devices and the display of 2 voted ballots is prohibited if such use or display is for 3 purposes prohibited under chapter 39A, interferes with other 4 voters, or interferes with the orderly operation of the polling 5 place . 6 DIVISION IV 7 ELECTION CERTIFICATION AND AUDITS 8 Sec. 30. NEW SECTION . 49.128 Commissioner filings and 9 notifications. 10 1. No later than twenty days following a general election, 11 the commissioner shall place on file in the commissioner’s 12 office a certification that the county met the following 13 requirements at the general election: 14 a. The testing of voting equipment was performed, as 15 required under section 52.35. 16 b. The election personnel training course was conducted, as 17 required under section 49.124. 18 c. Polling places met accessibility standards, as required 19 under section 49.21. 20 d. The schedule of required publications was adhered to, as 21 required under section 49.53. 22 e. The commissioner has complied with administrative rules 23 adopted by the state commissioner under chapter 52, including 24 having a written voting system security plan. 25 2. a. If the county is required to conduct an audit under 26 section 50.51, the commissioner shall include a copy of the 27 results with the certification required under this section. 28 b. If a county is not required to conduct an audit under 29 section 50.51, the commissioner shall include a copy of the 30 certification required under this section along with the 31 election canvass summary report required under section 50.30A. 32 3. The commissioner shall file a copy of the certification 33 under this section with the state commissioner. 34 4. The commissioner shall promptly notify the state 35 -16- LSB 1365HV (2) 87 aw/sc 16/ 28

H.F. 516 commissioner of each suspected incidence of election misconduct 1 that the commissioner has referred to other agencies or law 2 enforcement for investigation. 3 5. The state commissioner shall prescribe a form for use by 4 the county commissioners. 5 Sec. 31. Section 50.12, Code 2017, is amended to read as 6 follows: 7 50.12 Return and preservation of ballots. 8 Immediately after making the proclamation, and before 9 separating, the board members of each precinct in which votes 10 have been received by paper ballot shall enclose in an envelope 11 or other container all ballots which have been counted by them, 12 except those endorsed “Rejected as double”, “Defective”, or 13 “Objected to”, and securely seal the envelope. The signatures 14 of all board members of the precinct shall be placed across 15 the seal or the opening of the container so that it cannot 16 be opened without breaking the seal. The precinct election 17 officials shall return all the ballots to the commissioner, who 18 shall carefully preserve them for six months. Ballots from 19 elections for federal offices shall be preserved for twenty-two 20 months. The sealed packages containing voted ballots shall 21 be opened only for an official recount authorized by section 22 50.48 , 50.49 , or 50.50 , for an election contest held pursuant 23 to chapters 57 through 62 , to conduct an audit pursuant to 24 section 50.51, or to destroy the ballots pursuant to section 25 50.19 . 26 Sec. 32. NEW SECTION . 50.51 Election audits. 27 1. After each general election, the state commissioner 28 shall, with the cooperation of the county commissioners, 29 conduct an audit of the official canvass of votes from the 30 preceding general election. 31 2. The state commissioner shall determine the number of 32 counties and precincts to be audited and shall select the 33 precincts to be audited by lot. The absentee ballot and 34 special voters precinct for each county, established pursuant 35 -17- LSB 1365HV (2) 87 aw/sc 17/ 28

H.F. 516 to section 53.20, shall be included with all other precincts of 1 the county for selection by lot. In every precinct selected, 2 the commissioner shall conduct a hand count of all ballots cast 3 in the preceding general election for president of the United 4 States or governor, as the case may be. The hand count shall 5 be observed by a representative selected by each of the two 6 political parties whose candidates received the highest number 7 of votes statewide in the preceding general election. 8 3. a. The commissioner may order an administrative recount 9 pursuant to section 50.50 if the commissioner determines the 10 results of an audit require an administrative recount. 11 b. If selected to conduct an audit, the commissioner shall 12 provide an audit report to the county board of supervisors and 13 shall transmit the audit report to the state commissioner no 14 later than twenty days following the election. 15 4. The results of an audit conducted pursuant to this 16 section shall not change the results, or invalidate the 17 certification, of an election. 18 5. In advance of any other election, the state commissioner 19 may order an audit of the election in the manner provided in 20 this section. 21 6. The state commissioner shall adopt rules, pursuant to 22 chapter 17A, to implement this section. 23 DIVISION V 24 VOTER MISCONDUCT INFORMATION AND REPORTING 25 Sec. 33. Section 48A.26A, Code 2017, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 3. A county attorney shall review the 28 voter’s registration documents and other such information as 29 may be necessary, and report the findings to the commissioner 30 and state registrar of voters. 31 Sec. 34. NEW SECTION . 48A.27A Voting more than once —— 32 referral and examination. 33 1. If the state registrar of voters receives information 34 from another jurisdiction that a registered voter of this state 35 -18- LSB 1365HV (2) 87 aw/sc 18/ 28