House
Study
Bill
93
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
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
certifications,
and
post-election
4
audits,
creating
an
electronic
poll
book
revolving
loan
5
fund,
making
a
related
appropriation,
and
including
6
penalties
and
applicability
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
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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
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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
the
28
additional
necessary
information.
29
c.
For
purposes
of
this
subsection,
“voter
verification
30
number”
means
the
registered
voter’s
driver’s
license
number
31
or
nonoperator’s
identification
card
number
assigned
to
the
32
voter
by
the
department
of
transportation
or
the
registered
33
voter’s
identification
number
assigned
to
the
voter
by
the
34
state
commissioner
pursuant
to
section
47.7,
subsection
2.
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8.
An
application
for
an
absentee
ballot
that
is
returned
1
to
the
commissioner
by
a
person
acting
as
an
actual
or
implied
2
agent
for
a
political
party,
as
defined
in
section
43.2,
or
by
3
a
candidate
,
or
committee,
all
both
as
defined
by
chapter
68A
,
4
shall
be
returned
to
the
commissioner
within
seventy-two
hours
5
of
the
time
the
completed
application
was
received
from
the
6
applicant
or
no
later
than
5:00
p.m.
on
the
Friday
before
the
7
election,
whichever
is
earlier.
8
Sec.
7.
Section
53.10,
Code
2017,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
A
voter
shall
not
vote
or
offer
to
11
vote
any
ballot
except
such
as
the
voter
has
received
from
12
the
commissioner.
A
voter
voting
an
absentee
ballot
at
the
13
commissioner’s
office
shall
not
take
or
remove
any
ballot
from
14
the
commissioner’s
office.
15
Sec.
8.
Section
53.11,
Code
2017,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
2A.
A
voter
shall
not
vote
or
offer
to
18
vote
any
ballot
except
such
as
the
voter
has
received
from
the
19
commissioner.
A
voter
shall
not
take
or
remove
any
ballot
from
20
the
satellite
absentee
voting
station.
21
DIVISION
II
22
VOTER
IDENTITY
AND
SIGNATURE
VERIFICATION
23
Sec.
9.
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.
10.
NEW
SECTION
.
48A.10A
Voter
verification
cards
——
29
verification
of
voter
registration
information.
30
1.
The
state
registrar
shall,
each
week,
compare
lists
31
of
persons
who
registered
to
vote
during
the
preceding
week
32
with
the
department
of
transportation’s
driver’s
license
and
33
nonoperator’s
identification
card
files
and
shall
issue
a
voter
34
verification
card
to
each
active,
registered
voter
whose
name
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does
not
appear
in
the
department
of
transportation’s
files.
1
2.
A
voter
verification
card
issued
under
this
section
shall
2
be
used
only
for
voting
and
voter
registration
purposes.
3
3.
A
person
issued
a
voter
verification
card
under
this
4
section
shall
not
be
charged
any
fee
for
the
issuance
or
5
delivery
of
the
voter
verification
card.
6
4.
Implementation
of
this
section
shall
be
contingent
upon
7
appropriations
by
the
general
assembly
in
sufficient
amounts
to
8
meet
the
requirements
of
this
section.
9
5.
The
state
registrar
shall
adopt
rules
pursuant
to
chapter
10
17A
to
implement
this
section.
11
Sec.
11.
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.
12.
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
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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.
13.
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.
14.
Section
49.77,
subsection
3,
Code
2017,
is
amended
17
by
striking
the
subsection.
18
Sec.
15.
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)
A
voter
verification
card
issued
pursuant
to
section
29
48A.10A.
30
(2)
An
Iowa
driver’s
license
issued
pursuant
to
section
31
321.189.
32
(3)
An
Iowa
nonoperator’s
identification
card
issued
33
pursuant
to
section
321.190.
34
(4)
A
United
States
passport.
35
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(5)
A
United
States
military
or
veterans
identification
1
card.
2
(6)
A
voter
acknowledgment
card
issued
by
the
commissioner
3
pursuant
to
sections
48A.26
through
48A.29
if
the
voter
4
acknowledgment
card
is
signed
before
the
voter
presents
the
5
card
to
the
official.
6
b.
Upon
being
presented
with
a
form
of
identification
under
7
this
section,
the
precinct
election
official
shall
examine
8
the
identification.
The
precinct
election
official
shall
9
use
the
information
on
the
identification
card,
including
10
the
signature,
to
determine
whether
the
person
offering
to
11
vote
appears
to
be
the
person
depicted
on
the
identification
12
card.
The
voter’s
signature
shall
generally
be
presumed
to
13
be
valid.
If
the
signature
on
the
identification
appears
to
14
have
been
signed
by
someone
other
than
the
person
offering
15
to
vote
under
section
49.77,
the
precinct
election
official
16
shall
challenge
the
person
offering
to
vote
in
the
same
manner
17
provided
for
other
challenges
by
sections
49.79
and
49.80.
A
18
person
offering
to
vote
who
establishes
identity
by
presenting
19
a
veteran’s
identification
card
that
does
not
contain
a
20
signature,
is
not
subject
to
challenge
under
this
paragraph
“b”
.
21
3.
A
person
who
is
registered
to
vote
but
is
unable
to
22
present
a
form
of
identification
listed
under
subsection
2
may
23
present
other
forms
of
identification
listed
in
section
48A.7A,
24
subsection
1,
paragraph
“b”
,
to
establish
the
voter’s
identity
25
under
this
section.
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.
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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.
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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.
a.
Notwithstanding
subsection
7,
for
any
election
4
conducted
prior
to
January
1,
2019,
a
registered
voter
who
5
fails
to
establish
the
voter’s
identity
under
this
section
6
shall
be
permitted
to
vote
upon
signing
an
oath
attesting
to
7
the
voter’s
identity.
The
form
of
the
written
oath
required
of
8
the
person
voting
under
this
subsection
shall
read
as
follows:
9
My
name
is
.............,
and
I
am
a
United
States
citizen,
10
at
least
eighteen
years
of
age.
I
am
the
person
named
above,
I
11
am
a
registered
voter
of
this
county,
and
I
am
eligible
to
vote
12
in
this
election.
13
.............
14
(signature
of
voter)
(date)
15
b.
This
subsection
is
repealed
July
1,
2019.
16
Sec.
16.
Section
49.81,
Code
2017,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
1A.
A
prospective
voter
who
is
unable
to
19
establish
identity
under
section
49.78,
subsection
2,
paragraph
20
“a”
,
or
section
49.78,
subsection
3
or
4,
shall
be
notified
by
21
the
appropriate
precinct
election
official
that
the
voter
may
22
cast
a
provisional
ballot.
The
voter
shall
mark
the
ballot
and
23
immediately
seal
it
in
an
envelope
of
the
type
prescribed
by
24
subsection
4.
The
voter
shall
deliver
the
sealed
envelope
to
a
25
precinct
election
official
who
shall
deposit
it
in
an
envelope
26
marked
“provisional
ballots”.
The
ballot
shall
be
considered
27
as
having
been
cast
in
the
special
precinct
established
by
28
section
53.20
for
purposes
of
the
postelection
canvass.
29
Sec.
17.
Section
53.2,
Code
2017,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
4A.
The
commissioner
may
dispute
an
32
application
if
it
appears
to
the
commissioner
that
the
33
signature
on
the
application
has
been
signed
by
someone
other
34
than
the
registered
voter,
in
comparing
the
signature
on
the
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application
to
the
signature
on
record
of
the
registered
1
voter
named
on
the
application.
If
the
commissioner
disputes
2
a
registered
voter’s
application
under
this
subsection,
3
the
commissioner
shall
notify
the
registered
voter
and
the
4
registered
voter
may
submit
a
new
application
and
signature
or
5
update
the
registered
voter’s
signature
on
record,
as
provided
6
by
rule
adopted
by
the
state
commissioner.
7
Sec.
18.
Section
53.18,
subsection
3,
Code
2017,
is
amended
8
to
read
as
follows:
9
3.
If
the
affidavit
envelope
or
the
return
envelope
marked
10
with
the
affidavit
contains
a
defect
that
would
cause
the
11
absentee
ballot
to
be
rejected
by
the
absentee
and
special
12
voters
precinct
board,
the
commissioner
shall
immediately
13
notify
the
voter
of
that
fact
and
that
the
voter’s
absentee
14
ballot
shall
not
be
counted
unless
the
voter
requests
and
15
returns
a
replacement
ballot
in
the
time
permitted
under
16
section
53.17,
subsection
2
.
For
the
purposes
of
this
section,
17
a
return
envelope
marked
with
the
affidavit
shall
be
considered
18
to
contain
a
defect
if
it
appears
to
the
commissioner
that
the
19
signature
on
the
envelope
has
been
signed
by
someone
other
20
than
the
registered
voter,
in
comparing
the
signature
on
the
21
envelope
to
the
signature
on
record
of
the
registered
voter
22
named
on
the
envelope.
The
voter
may
request
a
replacement
23
ballot
in
person,
in
writing,
or
over
the
telephone.
The
same
24
serial
number
that
was
assigned
to
the
records
of
the
original
25
absentee
ballot
application
shall
be
used
on
the
envelope
and
26
records
of
the
replacement
ballot.
The
envelope
marked
with
27
the
affidavit
and
containing
the
completed
replacement
ballot
28
shall
be
marked
“Replacement
ballot”.
The
envelope
marked
29
with
the
affidavit
and
containing
the
original
ballot
shall
30
be
marked
“Defective”
and
the
replacement
ballot
shall
be
31
attached
to
such
envelope
containing
the
original
ballot
and
32
shall
be
stored
in
a
secure
place
until
they
are
delivered
to
33
the
absentee
and
special
voters
precinct
board,
notwithstanding
34
sections
53.26
and
53.27
.
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Sec.
19.
SEVERABILITY.
If
any
provision
of
this
division
of
1
this
Act
or
the
application
of
any
provision
of
this
division
2
of
this
Act
to
any
person
or
circumstance
is
held
invalid,
the
3
invalidity
shall
not
affect
other
provisions
of
the
division
4
which
can
be
given
effect
without
the
invalid
provisions
or
5
application
of
the
invalid
provisions,
and
to
this
end,
the
6
provisions
of
the
division
are
severable.
7
Sec.
20.
APPLICABILITY.
This
division
of
this
Act
applies
8
to
elections
held
on
or
after
July
1,
2017.
9
DIVISION
III
10
POLLING
PLACES
11
Sec.
21.
NEW
SECTION
.
47.11
Electronic
poll
book
program
12
——
revolving
loan
fund.
13
1.
An
electronic
poll
book
program
is
created
and
an
14
electronic
poll
book
revolving
loan
fund
is
created
in
the
15
state
treasury
under
the
control
of
the
state
commissioner.
16
There
is
appropriated
from
the
general
fund
of
the
state
17
to
the
revolving
loan
fund
the
sum
of
five
hundred
fifty
18
thousand
dollars.
The
program
and
revolving
loan
fund
shall
19
be
administered
by
the
state
commissioner
and
the
revolving
20
loan
fund
shall
include
moneys
allocated
from
the
state
21
commissioner’s
budget
and
any
other
moneys
obtained
or
accepted
22
by
the
state
commissioner
for
deposit
in
the
revolving
loan
23
fund.
24
2.
a.
The
state
commissioner
may
loan
moneys
in
the
25
revolving
loan
fund
to
county
commissioners
for
the
purchase
or
26
update
of
electronic
poll
book
technology.
27
b.
Moneys
loaned
under
this
subsection
shall
be
used,
in
28
accordance
with
section
49.28,
to
furnish
electronic
poll
books
29
to
election
precincts
for
the
purpose
of
modernizing
polling
30
places
throughout
the
state.
31
c.
The
state
commissioner
may
spend
an
amount
not
to
32
exceed
thirty
percent
of
the
moneys
in
the
revolving
loan
33
fund
at
the
beginning
of
a
fiscal
year
to
administer
polling
34
place
technology
to
ensure
compliance
with
state
standards
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of
technological
security
and
the
protection
of
personally
1
identifiable
information.
2
3.
A
loan
made
under
this
section
shall
bear
no
interest.
3
4.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
4
earnings
on
moneys
in
the
revolving
loan
fund
shall
be
credited
5
to
the
revolving
loan
fund.
Notwithstanding
section
8.33,
6
moneys
in
the
revolving
loan
fund
that
remain
unencumbered
or
7
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
to
8
any
other
fund
but
shall
remain
available
in
the
revolving
loan
9
fund
for
the
purposes
designated.
10
5.
The
state
commissioner
shall
adopt
rules
pursuant
to
11
chapter
17A
to
administer
this
section.
12
Sec.
22.
Section
49.88,
subsection
1,
Code
2017,
is
amended
13
to
read
as
follows:
14
1.
No
more
than
one
person
shall
be
allowed
to
occupy
15
any
voting
booth
at
any
time.
The
use
of
cameras,
cellular
16
telephones,
pagers,
or
other
electronic
communications
devices
17
in
the
voting
booth
photographic
devices
and
the
display
of
18
voted
ballots
is
prohibited
if
such
use
or
display
is
for
19
purposes
prohibited
under
chapter
39A,
interferes
with
other
20
voters,
or
interferes
with
the
orderly
operation
of
the
polling
21
place
.
22
DIVISION
IV
23
ELECTION
CERTIFICATION
AND
AUDITS
24
Sec.
23.
NEW
SECTION
.
49.128
Commissioner
filings
and
25
notifications.
26
1.
By
March
1
in
the
year
next
following
a
general
election,
27
the
commissioner
shall
place
on
file
a
certification
that
the
28
county
met
the
following
requirements
at
the
general
election:
29
a.
The
testing
of
voting
equipment
was
performed,
as
30
required
under
section
52.35.
31
b.
The
election
personnel
training
course
was
conducted,
as
32
required
under
section
49.124.
33
c.
Polling
places
met
accessibility
standards,
as
required
34
under
section
49.21.
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d.
The
schedule
of
required
publications
was
adhered
to,
as
1
required
under
section
49.53.
2
e.
The
commissioner
has
complied
with
administrative
rules
3
adopted
by
the
state
commissioner
under
chapter
52,
including
4
having
a
written
voting
system
security
plan.
5
2.
The
certification
under
this
section
shall
include
a
copy
6
of
the
results
of
the
audit,
if
required,
under
section
50.51.
7
3.
The
commissioner
shall
file
a
copy
of
the
certification
8
under
this
section
with
the
state
commissioner.
9
4.
The
commissioner
shall
promptly
notify
the
state
10
commissioner
of
each
suspected
incidence
of
election
misconduct
11
that
the
commissioner
has
referred
to
other
agencies
or
law
12
enforcement
for
investigation.
13
5.
The
state
commissioner
shall
prescribe
a
form
for
use
by
14
the
county
commissioners.
15
Sec.
24.
Section
50.12,
Code
2017,
is
amended
to
read
as
16
follows:
17
50.12
Return
and
preservation
of
ballots.
18
Immediately
after
making
the
proclamation,
and
before
19
separating,
the
board
members
of
each
precinct
in
which
votes
20
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
21
or
other
container
all
ballots
which
have
been
counted
by
them,
22
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
23
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
24
of
all
board
members
of
the
precinct
shall
be
placed
across
25
the
seal
or
the
opening
of
the
container
so
that
it
cannot
26
be
opened
without
breaking
the
seal.
The
precinct
election
27
officials
shall
return
all
the
ballots
to
the
commissioner,
who
28
shall
carefully
preserve
them
for
six
months.
Ballots
from
29
elections
for
federal
offices
shall
be
preserved
for
twenty-two
30
months.
The
sealed
packages
containing
voted
ballots
shall
31
be
opened
only
for
an
official
recount
authorized
by
section
32
50.48
,
50.49
,
or
50.50
,
for
an
election
contest
held
pursuant
33
to
chapters
57
through
62
,
to
conduct
an
audit
pursuant
to
34
section
50.51,
or
to
destroy
the
ballots
pursuant
to
section
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50.19
.
1
Sec.
25.
NEW
SECTION
.
50.51
Election
audits.
2
1.
In
February
of
each
odd-numbered
year,
the
state
3
commissioner
shall,
with
the
cooperation
of
the
county
4
commissioners,
conduct
an
audit
of
the
official
canvass
of
5
votes
from
the
preceding
general
election.
6
2.
The
state
commissioner
shall
determine
the
number
of
7
counties
and
precincts
to
be
audited
and
shall
select
the
8
precincts
to
be
audited
by
lot.
The
absentee
ballot
and
9
special
voters
precinct
for
each
county,
established
pursuant
10
to
section
53.20,
shall
be
included
with
all
other
precincts
of
11
the
county
for
selection
by
lot.
In
every
precinct
selected,
12
the
commissioner
shall
conduct
a
hand
count
of
all
ballots
cast
13
in
the
preceding
general
election
for
president
of
the
United
14
States
or
governor,
as
the
case
may
be.
The
hand
count
shall
15
be
observed
by
a
representative
selected
by
each
of
the
two
16
political
parties
whose
candidates
received
the
highest
number
17
of
votes
statewide
in
the
preceding
general
election.
18
3.
The
audit
conducted
pursuant
to
subsection
1
shall
19
include
an
audit
of
the
official
canvass
of
votes
for
the
20
office
of
president
of
the
United
States
or
governor.
21
4.
The
results
of
an
audit
conducted
pursuant
to
this
22
section
shall
not
change
the
results,
or
invalidate
the
23
certification,
of
an
election.
24
5.
In
advance
of
any
other
election,
the
state
commissioner
25
may
order
an
audit
of
the
election
in
the
manner
provided
in
26
this
section.
27
6.
The
state
commissioner
shall
adopt
rules,
pursuant
to
28
chapter
17A,
to
implement
this
section.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
conduct
and
administration
of
33
elections,
including
voter
registration,
absentee
voting,
34
voter
identity
and
signature
verification,
polling
place
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prohibitions,
county
commissioner
of
elections
certifications,
1
post-election
audits,
and
creation
of
an
electronic
poll
book
2
program
and
revolving
loan
fund.
3
Division
I
of
the
bill
relates
to
the
conduct
and
4
administration
of
elections
generally.
The
bill
requires
a
5
person,
while
acting
on
behalf
of
a
political
party,
a
nonparty
6
political
organization,
or
a
candidate
or
committee
subject
7
to
Iowa’s
campaign
finance
laws,
who
accepts
a
completed
8
voter
registration
form
from
an
applicant
to
submit
the
form
9
to
the
appropriate
county
commissioner
of
elections
(county
10
auditor)
within
seven
days
of
receiving
the
form.
The
bill
11
also
provides
that
if
the
person
accepts
a
completed
voter
12
registration
form
within
three
days
of
a
voter
registration
13
deadline,
the
person
must
submit
the
form
to
the
appropriate
14
commissioner
within
24
hours
of
accepting
the
form,
and
not
15
later
than
the
registration
deadline
for
the
next
election.
16
By
operation
of
current
law,
failure
to
timely
submit
such
a
17
form
would
constitute
a
simple
misdemeanor.
The
bill
also
18
makes
it
a
simple
misdemeanor
to
violate
any
provision
of
Code
19
chapter
48A,
related
to
voter
registration,
for
which
another
20
penalty
is
not
provided.
A
simple
misdemeanor
is
punishable
by
21
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
22
but
not
more
than
$625
or
by
both.
23
Division
I
requires
county
commissioners
to
cancel
the
voter
24
registration
of
a
registered
voter
if
the
registered
voter
25
is
not
a
resident
of
Iowa
or
submits
jury
service-related
26
documentation
that
indicates
that
the
voter
is
not
a
citizen
of
27
the
United
States.
28
Division
I
of
the
bill
also
requires
the
state
registrar
of
29
vital
statistics
to
produce
and
transmit
certain
lists
to
the
30
state
registrar
of
voters
(secretary
of
state)
without
charge.
31
Division
I
changes
the
time
period
to
apply
for
an
absentee
32
ballot
from
not
more
than
70
days
before
the
election
to
not
33
more
than
120
days
before
the
election.
The
bill
further
34
provides
that
an
application
received
more
than
120
days
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before
the
election
shall
be
returned
to
the
applicant
along
1
with
notification
of
when
the
applications
will
be
accepted.
2
Current
law
requires
the
commissioner
to
retain
the
application
3
and
process
it
with
other
applications
received
within
the
4
appropriate
time
period.
5
The
bill
requires
that
an
application
for
an
absentee
ballot
6
contain
the
applicant’s
voter
verification
number,
defined
in
7
the
bill
as
the
voter’s
identification
number
assigned
by
the
8
state
commissioner,
driver’s
license
number,
or
nonoperator’s
9
identification
card
number.
Under
the
bill,
a
person’s
10
voter
identification
number,
driver’s
license
number,
or
11
nonoperator’s
identification
number
is
considered
to
be
a
voter
12
verification
number,
which
is
required
to
be
kept
confidential.
13
The
bill
also
changes
the
absentee
ballot
application
deadline
14
from
the
Friday
before
the
election
to
the
same
deadline
as
15
voter
registration
for
a
given
election
under
Code
section
16
48A.9,
which
is
either
11
or
10
days
before
the
election.
17
Division
I
prohibits
a
voter
from
voting
or
offering
to
18
vote
a
ballot
in
the
commissioner’s
office
or
at
a
satellite
19
absentee
voting
station
that
was
not
furnished
to
the
voter
20
by
the
commissioner.
The
bill
also
prohibits
a
voter
from
21
taking
or
removing
any
ballot
from
the
commissioner’s
office
22
or
a
satellite
absentee
voting
station.
Current
law
expressly
23
prohibits
these
actions
at
precinct
polling
places.
24
Division
II
of
the
bill
relates
to
identity
and
signature
25
verification
for
certain
voter
registrants
and
voters.
The
26
bill
changes
the
requirements
for
establishing
identity
and
27
residence
for
persons
registering
to
vote
in-person
absentee
or
28
on
election
day
by
adding
veterans
identification
cards
issued
29
by
the
United
States
to
the
list
of
acceptable
photographic
30
identification
for
establishing
identity.
31
Division
II
of
the
bill
requires
the
state
registrar
of
32
voters
to
compare
lists
of
voters
who
registered
to
vote
during
33
the
preceding
week
with
the
department
of
transportation’s
34
driver’s
license
and
nonoperator’s
identification
card
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files.
Under
the
bill,
the
state
registrar
is
required
1
to
issue
a
free
voter
verification
card,
including
a
voter
2
identification
number,
to
be
used
only
for
voting
and
voter
3
registration
purposes,
to
registrants
whose
names
do
not
appear
4
in
the
department’s
files.
Under
the
bill,
providing
voter
5
verification
cards
is
contingent
upon
adequate
appropriations.
6
Division
II
of
the
bill
also
requires
election
officials
7
to
verify
a
voter’s
identity
before
furnishing
a
ballot
8
to
the
voter.
A
voter
at
the
polling
place
is
required
to
9
present
the
official
with
a
voter
verification
card,
an
Iowa
10
driver’s
license,
an
Iowa
nonoperator’s
identification
card,
a
11
United
States
passport,
a
United
States
military
or
veterans
12
identification
card,
or
a
voter
acknowledgment
card
issued
by
13
the
county
commissioner
in
order
to
verify
the
voter’s
identity
14
before
the
voter
can
receive
a
ballot.
Under
the
bill,
a
voter
15
may
also
present
the
forms
of
identification
required
for
16
election
day
and
in-person
absentee
voter
registration
or
have
17
their
identity
and
residency
attested
to
by
another
registered
18
voter
in
order
to
verify
the
voter’s
identity.
Under
the
bill,
19
a
registered
voter
is
allowed
to
attest
to
the
identity
and
20
residency
of
not
more
than
two
other
voters
on
election
day.
21
If
the
voter
fails
to
establish
the
voter’s
identity
by
the
22
methods
provided
in
the
bill,
the
voter
may
vote
a
provisional
23
ballot.
A
voter
may
also
vote
in
the
usual
manner
by
signing
24
an
oath
attesting
to
the
voter’s
identity
at
any
election
25
conducted
prior
to
January
1,
2019.
26
The
bill
also
requires
that
county
commissioners
include
27
information
on
the
verification
of
voter
identities
in
the
28
notice
of
each
election
published
under
Code
section
49.53.
29
Division
II
requires
precinct
election
officials
to
examine
30
a
voter’s
identification
to
determine
whether
the
person
31
offering
to
vote
matches
the
identification
card,
including
32
the
voter’s
signature.
The
bill
requires
an
election
official
33
to
challenge
a
person
offering
to
vote
if
it
appears
to
the
34
official
that
the
signature
on
the
person’s
identification
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was
signed
by
someone
other
than
the
person
offering
to
1
vote.
If
the
challenge
is
not
withdrawn,
the
voter
may
vote
a
2
provisional
ballot.
3
Related
to
absentee
voting,
division
II
of
the
bill
provides
4
that
a
county
commissioner
may
dispute
an
application
for
5
an
absentee
ballot
if
it
appears
to
the
commissioner
that
6
the
signature
on
the
application
has
been
signed
by
someone
7
other
than
the
registered
voter,
in
comparing
the
signature
on
8
the
application
to
the
signature
on
record
of
the
registered
9
voter
named
on
the
application.
If
the
commissioner
disputes
10
a
registered
voter’s
application
under
this
subsection,
the
11
commissioner
is
required
to
notify
the
registered
voter
and
12
the
registered
voter
is
permitted
to
submit
a
new
application
13
and
signature
or
update
the
registered
voter’s
signature
14
on
record.
The
bill
also
requires
county
commissioners
to
15
consider
absentee
ballots
to
be
defective
if
it
appears
to
16
the
commissioner
that
the
signature
on
the
envelope
marked
17
with
the
affidavit
has
been
signed
by
someone
other
than
the
18
registered
voter,
in
comparing
the
signature
on
the
envelope
to
19
the
signature
on
record
of
the
registered
voter
named
on
the
20
envelope.
21
Under
the
bill,
the
provisions
of
division
II
and
their
22
application
are
severable.
23
Division
II
of
the
bill
applies
to
elections
held
on
or
after
24
July
1,
2017.
25
Division
III
of
the
bill
relates
to
polling
places
by
26
creating
an
electronic
poll
book
program
and
revolving
loan
27
fund
and
by
regulating
the
use
of
photographic
devices
and
the
28
display
of
voted
ballots.
29
Division
III
creates
an
electronic
poll
book
program
and
30
revolving
loan
fund
in
the
state
treasury.
Under
the
bill,
31
the
state
commissioner
of
elections
(secretary
of
state)
32
is
required
to
administer
the
fund.
The
bill
appropriates
33
$550,000
from
the
state
general
fund
to
the
revolving
loan
34
fund.
Moneys
in
the
fund
may
also
include
moneys
allocated
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from
the
state
commissioner’s
budget
and
any
other
moneys
1
obtained
or
accepted
by
the
state
commissioner
for
deposit
in
2
the
revolving
loan
fund.
The
state
commissioner
is
allowed
to
3
loan
moneys
in
the
revolving
loan
fund
to
county
commissioners
4
to
purchase
or
update
electronic
poll
book
technology.
Under
5
the
bill,
the
state
commissioner
is
allowed
to
spend
30
percent
6
of
the
moneys
in
the
revolving
loan
fund
to
administer
polling
7
place
technology.
8
Division
III
also
provides
that
interest
or
earnings
on
9
moneys
in
the
revolving
loan
fund
are
credited
to
the
fund
and
10
moneys
in
the
revolving
loan
fund
that
remain
unencumbered
or
11
unobligated
at
the
close
of
a
fiscal
year
remain
available
in
12
the
revolving
loan
fund.
13
Division
III
strikes
a
provision
of
current
law
that
14
prohibits
the
use
of
all
cameras,
cellular
telephones,
pagers,
15
or
other
electronic
communications
devices
in
a
voting
booth
16
and
provides
that
the
use
of
photographic
devices
and
the
17
display
of
voted
ballots
is
prohibited
if
that
use
or
display
18
is
for
purposes
of
election
misconduct,
interferes
with
other
19
voters,
or
interferes
with
the
orderly
operation
of
the
polling
20
place.
21
Division
IV
of
the
bill
requires
each
county
commissioner
22
to
place
on
file
a
certification
that
the
county
met
voting
23
equipment
testing,
election
personnel
training,
polling
place
24
accessibility,
publications,
and
certain
administrative
rule
25
requirements
at
each
general
election.
The
certification
26
is
also
required
to
include
a
copy
of
the
results
of
27
election
audits,
described
in
division
IV
of
the
bill.
The
28
county
commissioner
is
also
required
to
file
a
copy
of
the
29
certification
with
the
state
commissioner.
The
bill
further
30
requires
the
commissioner
to
promptly
notify
the
state
31
commissioner
of
each
suspected
incidence
of
election
misconduct
32
that
the
commissioner
has
referred
to
other
agencies
or
law
33
enforcement
for
investigation.
34
Division
IV
of
the
bill
also
requires
the
state
commissioner
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to
complete
a
post-election
audit
of
each
general
election.
1
The
bill
requires
the
state
commissioner
to
determine
the
2
number
of
counties
and
precincts
to
be
audited
and
to
select
3
precincts
to
be
audited
in
a
county,
by
lot.
The
audit
is
4
required
to
be
a
hand
count
of
ballots
for
the
office
of
5
president
of
the
United
States
or
governor,
as
the
case
may
be,
6
and
shall
include
an
audit
of
the
official
canvass
of
votes.
7
Division
IV
of
the
bill
provides
that
the
results
of
an
audit
8
shall
not
change
the
results,
or
invalidate
the
certification,
9
of
an
election.
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