House File 2587 - Introduced HOUSE FILE 2587 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 545) A BILL FOR An Act relating to voting and the administration of elections, 1 and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5426HV (3) 88 ss/jh
H.F. 2587 DIVISION I 1 ADMINISTRATION OF ELECTIONS 2 Section 1. NEW SECTION . 39.5 Petitions —— requirements. 3 In addition to any other information required by law, a 4 petition relating to any elective office, election, or the 5 administration of elections must include the printed name, 6 signature, address, and phone number of the person responsible 7 for circulating the petition page. 8 Sec. 2. Section 43.36, Code 2020, is amended to read as 9 follows: 10 43.36 Australian ballot. 11 The Australian ballot system as now used in this state, 12 except as herein modified, shall be used at said primary 13 election. The endorsement of the precinct election officials 14 and the county auditor’s seal shall appear upon the ballots 15 as provided for general elections. The county auditor’s 16 seal shall contain the name of the county, the word “county” 17 which may be abbreviated, and the word “Iowa”, and the seal 18 may contain the word “auditor” which may be abbreviated, but 19 shall not contain the name of the county auditor or any elected 20 official. 21 Sec. 3. Section 48A.30, subsection 1, paragraph a, Code 22 2020, is amended to read as follows: 23 a. The registered voter dies. For the purposes of this 24 subsection , the commissioner may accept as evidence of death a 25 notice from the state registrar of vital statistics forwarded 26 by the state registrar of voters, a notice from the federal 27 social security administration, a written statement from a 28 person related to the registered voter within the second degree 29 of consanguinity or first degree of affinity, an obituary 30 in a newspaper or that appears on the internet site of a 31 funeral establishment licensed under chapter 156 or by the 32 proper authority of another state, a written statement from an 33 election official or personal representative of the registered 34 voter’s estate, or a notice from the county recorder of the 35 -1- LSB 5426HV (3) 88 ss/jh 1/ 31
H.F. 2587 county where the registered voter died. 1 Sec. 4. Section 49.31, subsection 2, paragraph c, Code 2020, 2 is amended to read as follows: 3 c. On the general election ballot the names of candidates 4 for the nonpartisan offices listed in section 39.21 shall 5 be arranged by drawing lots for position. The commissioner 6 shall hold the drawing on the first business day following the 7 deadline for filing of nomination certificates or petitions 8 with the commissioner for the general election pursuant to 9 section 44.4 sixty-eighth day before the general election . If 10 a candidate withdraws, dies, or is removed from the ballot 11 after the ballot position of names has been determined, such 12 candidate’s name shall be removed from the ballot, and the 13 order of the remaining names shall not be changed. 14 Sec. 5. Section 49.51, Code 2020, is amended to read as 15 follows: 16 49.51 Commissioner to control printing. 17 The commissioner shall have charge of the printing of the 18 ballots to be used for any election held in the county. The 19 ballot shall include the seal of the county auditor under 20 whose direction the ballot is printed. The county auditor’s 21 seal shall contain the name of the county, the word “county” 22 which may be abbreviated, and the word “Iowa”, and the seal 23 may contain the word “auditor” which may be abbreviated, but 24 shall not contain the name of the county auditor or any elected 25 official. 26 Sec. 6. Section 49.57, subsection 6, Code 2020, is amended 27 to read as follows: 28 6. A portion of the ballot shall include the words “Official 29 ballot”, the unique identification number or name assigned by 30 the commissioner to the ballot style, the date of the election, 31 and the county auditor’s seal of the county of the commissioner 32 who has caused the ballot to be printed pursuant to section 33 49.51 . The county auditor’s seal shall contain the name of 34 the county, the word “county” which may be abbreviated, and 35 -2- LSB 5426HV (3) 88 ss/jh 2/ 31
H.F. 2587 the word “Iowa”, and the seal may contain the word “auditor” 1 which may be abbreviated, but shall not contain the name of the 2 county auditor or any elected official. 3 Sec. 7. Section 49.75, Code 2020, is amended to read as 4 follows: 5 49.75 Oath. 6 1. Before opening the polls, each of the board members shall 7 take the following oath: 8 I, A. B., do solemnly swear or affirm that I will 9 impartially, and to the best of my knowledge and ability, 10 perform the duties of precinct election official of this 11 election, and will studiously endeavor to prevent fraud, 12 deceit, and abuse in conducting the election. 13 I understand that as a precinct election official, I have 14 access to certain information that is considered confidential 15 and is protected under Code chapters 22, 48A, and 715C. Due to 16 this protected status, I agree to only release this information 17 in accordance with Iowa law. 18 Additionally, I understand that the prohibition on sharing 19 confidential information extends before and after the hours 20 that my assigned polling place is open. 21 2. The state commissioner shall provide training on the 22 handling of confidential information to each board member. 23 Sec. 8. Section 49.78, subsection 4, Code 2020, is amended 24 to read as follows: 25 4. A person who is registered to vote but is unable 26 to present a form of identification under subsection 2 or 27 3 may establish identity and residency in the precinct by 28 written oath of a person who is also registered to vote in 29 the precinct. Before signing an oath under this subsection, 30 the attesting registered voter shall present to the precinct 31 election official proof of the voter’s identity as provided 32 in subsection 2 or 3. The attesting registered voter’s oath 33 shall attest to the stated identity of the person wishing to 34 vote and that the person is a current resident of the precinct. 35 -3- LSB 5426HV (3) 88 ss/jh 3/ 31
H.F. 2587 The oath must be signed by the attesting registered voter in 1 the presence of the appropriate precinct election official. 2 A registered voter who has signed two oaths on election day 3 attesting to a person’s identity and residency as provided in 4 this subsection is prohibited from signing any further oaths as 5 provided in this subsection on that day. 6 Sec. 9. Section 50.51, subsection 5, Code 2020, is amended 7 to read as follows: 8 5. In advance of any all other election elections , the state 9 commissioner may shall order an audit of the election in the 10 manner provided in this section . 11 Sec. 10. Section 53.2, subsection 4, paragraph a, 12 unnumbered paragraph 1, Code 2020, is amended to read as 13 follows: 14 Each application shall contain the following information To 15 request an absentee ballot, a registered voter shall provide : 16 Sec. 11. Section 53.2, subsection 4, paragraph b, Code 2020, 17 is amended to read as follows: 18 b. If insufficient information has been provided, including 19 the absence of a voter verification number, either on the 20 prescribed form or on an application created by the applicant, 21 the commissioner shall, by the best means available, obtain 22 the additional necessary information within twenty-four hours 23 after the receipt of the absentee ballot request, contact the 24 applicant by telephone and electronic mail, if such information 25 has been provided by the applicant. If the commissioner is 26 unable to contact the applicant by telephone or electronic 27 mail, the commissioner shall send a notice to the applicant 28 at the address where the applicant is registered to vote, or 29 to the applicant’s mailing address if it is different from 30 the residential address. If the applicant has requested the 31 ballot to be sent to an address that is not the applicant’s 32 residential or mailing address, the commissioner shall send an 33 additional notice to the address where the applicant requested 34 the ballot to be sent. A commissioner shall not use the voter 35 -4- LSB 5426HV (3) 88 ss/jh 4/ 31
H.F. 2587 registration system to obtain additional necessary information 1 unless all other means to obtain such information have been 2 exhausted . A voter requesting or casting a ballot pursuant 3 to section 53.22 shall not be required to provide a voter 4 verification number. The state commissioner shall adopt rules 5 to implement this section. 6 Sec. 12. Section 53.22, subsection 3, Code 2020, is amended 7 to read as follows: 8 3. Any registered voter who becomes a patient, tenant, or 9 resident of a hospital, assisted living program, or health care 10 facility in the county where the voter is registered to vote 11 within three days prior to the date of any election after the 12 deadline to make a written application for an absentee ballot 13 pursuant to section 53.2 or on election day may request an 14 absentee ballot during that period or on election day. As an 15 alternative to the application procedure prescribed by section 16 53.2 , the registered voter may make the request directly to 17 the officers who are delivering and returning absentee ballots 18 under this section . Alternatively, the request may be made by 19 telephone to the office of the commissioner not later than four 20 hours before the close of the polls. If the requester is found 21 to be a registered voter of that county, these officers shall 22 deliver the appropriate absentee ballot to the registered voter 23 in the manner prescribed by this section . 24 Sec. 13. Section 53.22, subsection 6, paragraph a, Code 25 2020, is amended to read as follows: 26 a. If the registered voter becomes a patient, tenant, or 27 resident of a hospital, assisted living program, or health 28 care facility outside the county where the voter is registered 29 to vote within three days before the date of any election 30 after the deadline to make a written application for an 31 absentee ballot pursuant to section 53.2 or on election day, 32 the voter may designate a person to deliver and return the 33 absentee ballot. The designee may be any person the voter 34 chooses except that no candidate for any office to be voted 35 -5- LSB 5426HV (3) 88 ss/jh 5/ 31
H.F. 2587 upon for the election for which the ballot is requested may 1 deliver a ballot under this subsection . The request for an 2 absentee ballot may be made by telephone to the office of the 3 commissioner not later than four hours before the close of the 4 polls. If the requester is found to be a registered voter of 5 that county, the ballot shall be delivered by mail or by the 6 person designated by the voter. An application form shall be 7 included with the absentee ballot and shall be signed by the 8 voter and returned with the ballot. 9 Sec. 14. Section 53.49, Code 2020, is amended to read as 10 follows: 11 53.49 Applicable to armed forces and other citizens. 12 The provisions of this subchapter as to absent voting shall 13 apply only to absent voters in the armed forces of the United 14 States as defined for the purpose of absentee voting in section 15 53.37 . The provisions of sections 53.1 through 53.34 53.33 16 shall apply to all other voters not members of the armed forces 17 of the United States. 18 Sec. 15. Section 99F.7, subsection 11, paragraph a, Code 19 2020, is amended to read as follows: 20 a. A license to conduct gambling games in a county shall 21 be issued only if the county electorate approves the conduct 22 of the gambling games as provided in this subsection . The 23 board of supervisors, upon receipt of a valid petition meeting 24 the requirements of section 331.306 , and subject to the 25 requirements of paragraph “e” , shall direct the commissioner of 26 elections to submit to the registered voters of the county a 27 proposition to approve or disapprove the conduct of gambling 28 games in the county. The proposition shall be submitted at an 29 election held on a date specified in section 39.2, subsection 30 4 , paragraph “a” . To be submitted at a general election, the 31 petition must be received by the board of supervisors at least 32 five working days before the last day for candidates for county 33 offices to file nomination papers for the general election 34 pursuant to section 44.4 . If a majority of the county voters 35 -6- LSB 5426HV (3) 88 ss/jh 6/ 31
H.F. 2587 voting on the proposition favor the conduct of gambling games, 1 the commission may issue one or more licenses as provided in 2 this chapter . If a majority of the county voters voting on 3 the proposition do not favor the conduct of gambling games, a 4 license to conduct gambling games in the county shall not be 5 issued. 6 Sec. 16. Section 277.4, subsection 4, Code 2020, is amended 7 to read as follows: 8 4. Any person on whose behalf nomination petitions have 9 been filed under this section may withdraw as a candidate by 10 filing a signed statement to that effect with the secretary at 11 any time prior to 5:00 p.m. on the thirty-fifth day before the 12 election consistent with section 44.9, subsection 5 . 13 Sec. 17. REPEAL. Section 53.34, Code 2020, is repealed. 14 Sec. 18. REPEAL. 2017 Iowa Acts, chapter 155, section 1, 15 is repealed. 16 DIVISION II 17 PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION 18 Sec. 19. Section 49.43, subsection 2, Code 2020, is amended 19 to read as follows: 20 2. Constitutional amendments and other public measures may 21 shall be summarized by the commissioner as provided in sections 22 49.44 and 52.25 . 23 Sec. 20. Section 49.44, subsection 1, Code 2020, is amended 24 to read as follows: 25 1. When a proposed constitutional amendment or other public 26 measure to be decided by the voters of the entire state is to 27 be voted upon, the state commissioner shall prepare a written 28 summary of the amendment or measure including the number of 29 the amendment or statewide public measure assigned by the 30 state commissioner. The summary shall be printed immediately 31 preceding the text of the proposed amendment or measure on the 32 paper ballot or optical scan ballot referred to in section 33 49.43 . If the complete text of the proposed amendment or 34 public measure will not fit on the ballot it shall be posted 35 -7- LSB 5426HV (3) 88 ss/jh 7/ 31
H.F. 2587 inside the voting booth. A copy of the full text shall be 1 included with any absentee ballots. 2 Sec. 21. REPEAL. Sections 49A.10 and 49A.11, Code 2020, 3 are repealed. 4 DIVISION III 5 MISCELLANEOUS PROVISIONS 6 Sec. 22. Section 54.9, Code 2020, is amended to read as 7 follows: 8 54.9 Compensation. 9 The electors shall each receive a compensation of 10 five dollars one-half of the federal general services 11 administration’s per diem rate for the relevant date and 12 location for every day’s attendance, and the same mileage as 13 members of the general assembly which shall be paid from funds 14 not otherwise appropriated from the general fund of the state. 15 Sec. 23. Section 68.9, subsection 1, Code 2020, is amended 16 to read as follows: 17 1. When an impeachment is presented, the senate shall, after 18 the hour of final adjournment of the legislature as soon as 19 practicable , be forthwith organized as a court of impeachment 20 for the trial thereof, at the capitol. 21 Sec. 24. Section 68.14, Code 2020, is amended to read as 22 follows: 23 68.14 Compensation —— fees —— payment. 24 The presiding officer and members of the senate, while 25 sitting as a court of impeachment, and the managers elected 26 by the house of representatives, shall receive the sum of 27 six dollars each per day be compensated the same as for a 28 special session of the general assembly, but shall receive 29 no additional compensation during a regular session of the 30 general assembly , and shall be reimbursed for mileage expense 31 in going from and returning to their places of residence by the 32 ordinary traveled routes; the secretary, sergeant at arms, and 33 all subordinate officers, clerks, and reporters, shall receive 34 such amount as shall be determined upon by a majority vote of 35 -8- LSB 5426HV (3) 88 ss/jh 8/ 31
H.F. 2587 the members of such court. The same fees shall be allowed to 1 witnesses, to officers, and to other persons serving process or 2 orders, as are allowed for like services in criminal cases, but 3 no fees can be demanded in advance. The state treasurer shall, 4 upon the presentation of certificates signed by the presiding 5 officer and secretary of the senate, pay all of the foregoing 6 compensations and the expenses of the senate incurred under the 7 provisions of this chapter . 8 DIVISION IV 9 CONDUCT OF ELECTIONS 10 Sec. 25. Section 44.4, subsection 1, paragraph a, Code 2020, 11 is amended to read as follows: 12 a. Nominations made pursuant to this chapter and chapter 13 45 which are required to be filed in the office of the state 14 commissioner shall be filed in that office not more than 15 ninety-nine days nor later than 5:00 p.m. on the eighty-first 16 day before the first Tuesday after the first Monday in June 17 in each even-numbered year. Nominations made for a special 18 election called pursuant to section 69.14 shall be filed by 19 5:00 p.m. not less than twenty-five days before the date of an 20 election called upon at least forty days’ notice and not less 21 than fourteen days before the date of an election called upon 22 at least eighteen days’ notice. Nominations made for a special 23 election called pursuant to section 69.14A shall be filed by 24 5:00 p.m. not less than twenty-five days before the date of 25 the election. Nominations made pursuant to this chapter and 26 chapter 45 which are required to be filed in the office of 27 the commissioner shall be filed in that office not more than 28 ninety-two days nor later than 5:00 p.m. on the seventy-fourth 29 sixty-ninth day before the first Tuesday after the first Monday 30 in June in each even-numbered year. Nominations made pursuant 31 to this chapter or chapter 45 for city office shall be filed 32 not more than seventy-two days nor later than 5:00 p.m. on the 33 forty-seventh day before the city election with the county 34 commissioner of elections responsible under section 47.2 for 35 -9- LSB 5426HV (3) 88 ss/jh 9/ 31
H.F. 2587 conducting elections held for the city, who shall process them 1 as provided by law. 2 Sec. 26. Section 44.11, Code 2020, is amended to read as 3 follows: 4 44.11 Vacancies filled. 5 If a candidate named under this chapter withdraws before the 6 deadline established in section 44.9 , declines a nomination, 7 or dies before election day, or if a certificate of nomination 8 is held insufficient or inoperative by the officer with whom 9 it is required to be filed, or in case any objection made 10 to a certificate of nomination, or to the eligibility of any 11 candidate named in the certificate, is sustained by the board 12 appointed to determine such questions, the vacancy or vacancies 13 may be filled by the convention, or caucus, or in such manner 14 as such convention or caucus has previously provided. The 15 vacancy or vacancies shall be filled not less than seventy-four 16 days before the election in the case of nominations required to 17 be filed with the state commissioner, not less than sixty-four 18 days before the election in the case of nominations required 19 to be filed with the commissioner, not less than forty-two 20 days before the election in the case of nominations required 21 to be filed in the office of the school board secretary, and 22 not less than forty-two days before the election in the case 23 of nominations required to be filed with the commissioner for 24 city elections. When an office shall appear on the general 25 election ballot as “to fill a vacancy”, nominations made 26 pursuant to this chapter or chapter 45 which are required to 27 be filed in the office of the state commissioner shall be 28 filed in that office not later than the deadline specified in 29 section 43.78, subsection 2. When an office shall appear on 30 the general election ballot as “to fill a vacancy”, nominations 31 made pursuant to this chapter or chapter 45 which are required 32 to be filed in the office of the commissioner shall be filed in 33 that office not later than the deadline specified in section 34 43.78, subsection 3. 35 -10- LSB 5426HV (3) 88 ss/jh 10/ 31
H.F. 2587 Sec. 27. Section 49.53, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. The commissioner shall not less than four nor more than 3 twenty days before the day of each election, except those for 4 which different publication requirements are prescribed by law, 5 publish notice of the election. The notice shall contain a 6 facsimile of the portion of the ballot containing the first 7 rotation as prescribed by section 49.31, subsection 2 , and 8 shall show list the names of all candidates or nominees and the 9 office each seeks, and all public questions, to be voted upon 10 at the election. The sample ballot published as a part of the 11 notice may at the discretion of the commissioner be reduced in 12 size relative to the actual ballot but such reduction shall 13 not cause upper case letters appearing in candidates’ names or 14 in summaries of public measures on the published sample ballot 15 to be less than nine point type. The notice shall also state 16 the date of the election, the hours the polls will be open, 17 that each voter is required to provide identification at the 18 polling place before the voter can receive and cast a ballot, 19 the location of each polling place at which voting is to occur 20 in the election, and the names of the precincts voting at each 21 polling place , but the statement need not set forth any fact 22 which is apparent from the portion of the ballot appearing as 23 a part of the same notice . The notice shall include the full 24 text of all public measures to be voted upon at the election. 25 The notice may contain one or more facsimiles of the portion 26 of the ballot containing the first rotation as prescribed by 27 section 49.31, subsection 2. 28 Sec. 28. Section 50.44, Code 2020, is amended to read as 29 follows: 30 50.44 Tie vote. 31 1. If Except as otherwise provided in this section, if more 32 than the requisite number of persons , including presidential 33 electors, are found to have an equal and the highest number 34 of votes, the election of one of them shall be determined by 35 -11- LSB 5426HV (3) 88 ss/jh 11/ 31
H.F. 2587 lot. The name of each of such candidates shall be written 1 on separate pieces of paper, as nearly uniform in size and 2 material as possible, and placed in a receptacle so that 3 the names cannot be seen. In the presence of the board of 4 canvassers, one of them shall publicly draw one of such names, 5 and such person shall be declared elected. The result of such 6 drawing shall be entered upon the abstract of votes and duly 7 recorded, and a certificate of election issued to such person, 8 as provided in this chapter . 9 2. If more than the requisite number of candidates for 10 United States senator or representative to the United States 11 house of representatives are found to have an equal and highest 12 number of votes, a special election shall be held sixty-six 13 days after the final canvass or recount, whichever is later, 14 in which each such candidate shall be the only candidates on 15 the ballot. 16 3. If more than the requisite number of candidates for 17 a statewide elected office, member of the general assembly, 18 member of a board of supervisors, or a partisan office to 19 be filled by a vote of the residents of a whole county, are 20 found to have an equal and highest number of votes, a special 21 election shall be held consistent with section 69.14, in which 22 each such candidate shall be the only candidates on the ballot. 23 4. If more than the requisite number of presidential 24 electors are found to have an equal and the highest number of 25 votes, the presidential electors shall be assigned one-half 26 to each candidate. If there is an odd number of presidential 27 electors, the remaining elector shall be assigned by lot. 28 Sec. 29. Section 50.48, subsection 3, Code 2020, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. In addition to the persons listed in 31 paragraph “a” , the candidate requesting the recount and the 32 apparent winning candidate may each submit a request to a 33 commissioner from a county other than the county conducting the 34 recount to be present at the recount. Such a commissioner may 35 -12- LSB 5426HV (3) 88 ss/jh 12/ 31
H.F. 2587 report any irregularities observed by the commissioner at any 1 time after the election to the state commissioner. 2 Sec. 30. Section 50.48, subsection 4, paragraph b, Code 3 2020, is amended to read as follows: 4 b. Any member of the recount board may at any time during 5 the recount proceedings for an election for a statewide elected 6 official as defined in section 68B.2, a United States senator, 7 or United States representative extend the recount of votes 8 cast for the office or nomination in question to any other 9 precinct or precincts in the same county, or from which the 10 returns were reported to the commissioner responsible for 11 conducting the election, without the necessity of posting 12 additional bond. The recount proceedings for an election for 13 any other office shall include all precincts in which a ballot 14 for the election was cast. 15 Sec. 31. Section 53.2, subsection 4, Code 2020, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . d. If an applicant does not have current 18 access to the applicant’s voter verification number, the 19 commissioner shall verify the applicant’s identity prior to 20 supplying the voter verification number by asking the applicant 21 to provide two of the following facts about the applicant: 22 (1) Date of birth. 23 (2) The last four digits of the applicant’s social security 24 number, if applicable. 25 (3) Residential address. 26 (4) Mailing address. 27 (5) Middle name. 28 Sec. 32. Section 53.10, subsection 2, paragraph a, Code 29 2020, is amended to read as follows: 30 a. Each person who wishes to vote by absentee ballot at 31 the commissioner’s office shall first sign an application 32 for a ballot including the following information: name, 33 current address, voter verification number, and the election 34 for which the ballot is requested. The person may report a 35 -13- LSB 5426HV (3) 88 ss/jh 13/ 31
H.F. 2587 change of address or other information on the person’s voter 1 registration record at that time. Prior to furnishing a 2 ballot, the commissioner shall verify the person’s identity 3 as provided in section 49.78. The registered voter shall 4 immediately mark the ballot; enclose the ballot in a secrecy 5 envelope, if necessary, and seal it in the envelope marked 6 with the affidavit; subscribe to the affidavit on the reverse 7 side of the envelope; and return the absentee ballot to the 8 commissioner. The commissioner shall record the numbers 9 appearing on the application and affidavit envelope along with 10 the name of the registered voter. 11 Sec. 33. Section 53.10, subsection 2, Code 2020, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0b. If an unregistered person offering 14 to vote an absentee ballot pursuant to this section prior to 15 the deadline in section 48A.9 does not have an Iowa driver’s 16 license, an Iowa nonoperator’s identification card, or a voter 17 identification number assigned to the voter by the state 18 commissioner pursuant to section 47.7, subsection 2, the person 19 may satisfy identity and residence requirements as provided in 20 section 49.78. This section shall also apply to a registered 21 voter casting a ballot pursuant to this section who has not yet 22 received a voter verification number. 23 Sec. 34. Section 53.18, subsections 2 and 3, Code 2020, are 24 amended to read as follows: 25 2. a. If the commissioner receives the return envelope 26 containing the completed absentee ballot by 5:00 p.m. on the 27 Saturday before the election for general elections and by 5:00 28 p.m. on the Friday before the election for all other elections, 29 the commissioner shall review the affidavit marked on the 30 return envelope, if applicable, for completeness or shall open 31 the return envelope to review the affidavit for completeness. 32 If the affidavit is incomplete, the commissioner shall, within 33 twenty-four hours of the time the envelope was received, notify 34 the voter of that fact and that the voter may complete the 35 -14- LSB 5426HV (3) 88 ss/jh 14/ 31
H.F. 2587 affidavit in person at the office of the commissioner by 5:00 1 p.m. on the day before the election, vote a replacement ballot 2 in the manner and within the time period provided in subsection 3 3 , or appear at the voter’s precinct polling place on election 4 day and cast a ballot in accordance with section 53.19, 5 subsection 3 . If the affidavit lacks the signature of the 6 registered voter, the commissioner shall, within twenty-four 7 hours of the receipt of the envelope, notify the voter of the 8 deficiency and inform the voter that the voter may vote a 9 replacement ballot as provided in subsection 3, cast a ballot 10 as provided in section 53.19, subsection 3, or complete the 11 affidavit in person at the office of the commissioner not later 12 than noon on the Monday following the election, or if the law 13 authorizing the election specifies that the votes be canvassed 14 earlier than the Monday following the election, before the 15 canvass of the election. 16 b. If the commissioner receives the return envelope 17 containing the completed absentee ballot after the deadline 18 in paragraph “a” , the commissioner shall submit the affidavit 19 to the absentee and special voters precinct board for review. 20 If the absentee and special voters precinct determines that 21 the affidavit is incomplete, the commissioner shall, within 22 twenty-four hours of the determination, notify the voter. If 23 the affidavit lacks the signature of the registered voter, the 24 commissioner shall notify the voter that the voter may complete 25 the affidavit in person at the office of the commissioner 26 not later than noon on the Monday following the election, or 27 if the law authorizing the election specifies that the votes 28 be canvassed earlier than the Monday following the election, 29 before the canvass of the election. 30 3. If the affidavit envelope or the return envelope marked 31 with the affidavit contains a defect that would cause the 32 absentee ballot to be rejected by the absentee and special 33 voters precinct board, the commissioner shall immediately 34 notify the voter of that fact and that the voter’s absentee 35 -15- LSB 5426HV (3) 88 ss/jh 15/ 31
H.F. 2587 ballot shall not be counted unless the voter requests and 1 returns a replacement ballot in the time permitted under 2 section 53.17, subsection 2 . For the purposes of this section , 3 a return envelope marked with the affidavit shall be considered 4 to contain a defect if it appears to the commissioner that 5 the signature on the envelope has been signed by someone 6 other than the registered voter, in comparing the signature 7 on the envelope to the signature on record of the registered 8 voter named on the envelope. A signature or marking made 9 in accordance with section 39.3, subsection 17 , shall not 10 be considered a defect for purposes of this section . The 11 voter may request a replacement ballot in person, in writing, 12 or over the telephone. The same serial number that was 13 assigned to the records of the original absentee ballot 14 application shall be used on the envelope and records of the 15 replacement ballot. The envelope marked with the affidavit and 16 containing the completed replacement ballot shall be marked 17 “Replacement ballot”. The envelope marked with the affidavit 18 and containing the original ballot shall be marked “Defective” 19 and the replacement ballot shall be attached to such envelope 20 containing the original ballot and shall be stored in a secure 21 place until they are delivered to the absentee and special 22 voters precinct board, notwithstanding sections 53.26 and 23 53.27 . 24 Sec. 35. Section 53.18, Code 2020, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 04. For the purposes of this section, a 27 return envelope marked with the affidavit shall be considered 28 incomplete if the affidavit lacks the registered voter’s 29 signature. A signature or marking made in accordance with 30 section 39.3, subsection 17, shall not cause an affidavit to be 31 considered incomplete. 32 Sec. 36. Section 58.1, Code 2020, is amended to read as 33 follows: 34 58.1 Notice —— grounds. 35 -16- LSB 5426HV (3) 88 ss/jh 16/ 31
H.F. 2587 The contestant for the office of governor shall, within 1 thirty fourteen days after the proclamation of the result of 2 the election, deliver to the presiding officer of each house 3 of the general assembly a notice of intent to contest, and a 4 specification of the grounds of such contest, as provided in 5 chapter 62 . 6 Sec. 37. Section 58.4, subsections 1 and 2, Code 2020, are 7 amended to read as follows: 8 1. The names of members of each house, except the presiding 9 officer and the majority and minority leaders , written on 10 similar paper tickets, shall be placed in a box, the names of 11 the senators in their presence by their secretary, and the 12 names of the representatives in their presence by their clerk. 13 2. The secretary of the senate in the presence of the 14 senate, and the clerk of the house of representatives in 15 the presence of the house, shall draw from their respective 16 boxes the names of seven five members each. The majority and 17 minority leaders of each house shall also serve on the contest 18 court. 19 Sec. 38. Section 69.14, Code 2020, is amended to read as 20 follows: 21 69.14 Special election to fill vacancies. 22 1. A special election to fill a vacancy shall be held for a 23 representative in Congress, when Congress is in session or will 24 convene prior to the next general election, or for a senator or 25 representative in the general assembly, when the body in which 26 such vacancy exists is in session, or the general assembly will 27 convene prior to the next general election, and the governor 28 shall order, not later than five days from the date the vacancy 29 exists, a special election, giving not less than forty days’ 30 notice of such election. 31 2. In the event the special election is to fill a vacancy 32 in the general assembly while it is in session or within 33 forty-five days of the convening of any session, the time limit 34 provided in this section shall not apply and the governor 35 -17- LSB 5426HV (3) 88 ss/jh 17/ 31
H.F. 2587 shall order such , not later than five days after the day the 1 vacancy occurs, a special election at the earliest practical 2 time , giving at least eighteen twenty-one, but no more than 3 forty-two, days’ notice of the special election. Any special 4 election called under this section must be held on a Tuesday 5 and shall not be held on the same day as a school election 6 within the district. 7 Sec. 39. Section 376.5, Code 2020, is amended to read as 8 follows: 9 376.5 Publication of ballot. 10 Notice containing a copy of the ballot for each regular, 11 special, primary, or runoff city election must be published by 12 the county commissioner of elections as provided in section 13 362.3 , except that notice of a regular, primary, or runoff 14 election may be published not less than four days before the 15 date of the election. The published notice must contain shall 16 list the names of all candidates, and may not contain any party 17 designations. The published notice must contain shall include 18 any question to be submitted to the voters. The notice may 19 contain one or more facsimiles of the portion of the ballot 20 containing the first arrangement of candidates as prescribed 21 by section 49.31, subsection 2. 22 DIVISION V 23 CANDIDATES FOR PUBLIC OFFICE 24 Sec. 40. NEW SECTION . 43.17 Disqualification of certain 25 candidates. 26 A person who files an affidavit of candidacy pursuant to this 27 chapter shall not file an affidavit of candidacy pursuant to 28 chapter 44 or 45 for the same office in the same election. 29 Sec. 41. Section 44.4, subsection 1, Code 2020, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . c. Notwithstanding paragraph “a” , 32 nominations for candidates for nonpartisan offices described in 33 section 39.21 which are required to be filed in the office of 34 the commissioner shall be filed in that office not more than 35 -18- LSB 5426HV (3) 88 ss/jh 18/ 31
H.F. 2587 ninety-two days nor later than 5:00 p.m. on the sixty-ninth day 1 before the date of the general election. 2 DIVISION VI 3 VOTING RIGHTS OF CERTAIN CONVICTED PERSONS 4 Sec. 42. Section 43.18, subsection 9, Code 2020, is amended 5 by striking the subsection. 6 Sec. 43. Section 43.67, subsection 2, paragraph i, Code 7 2020, is amended by striking the paragraph. 8 Sec. 44. Section 44.3, subsection 2, paragraph i, Code 2020, 9 is amended by striking the paragraph. 10 Sec. 45. Section 45.3, subsection 9, Code 2020, is amended 11 by striking the subsection. 12 Sec. 46. Section 48A.6, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. A person who has been convicted of a felony as defined 15 in section 701.7 , or convicted of an offense classified as a 16 felony under federal law. If the person’s rights are later 17 restored by the governor, or by the president of the United 18 States, pursuant to section 914.8, or by a pardon issued by the 19 governor or the president of the United States, the person may 20 register to vote. 21 Sec. 47. Section 57.1, subsection 2, paragraph c, Code 2020, 22 is amended to read as follows: 23 c. That prior to the election the incumbent had been duly 24 convicted of a felony, as defined in section 701.7 , and that 25 the judgment had not been reversed, annulled, or set aside, nor 26 the incumbent pardoned by the governor or the president of the 27 United States or restored to the rights of citizenship by the 28 governor under chapter 914 pursuant to section 914.8 , at the 29 time of the election. 30 Sec. 48. Section 123.3, subsection 40, paragraph d, Code 31 2020, is amended to read as follows: 32 d. The person has not been convicted of a felony. However, 33 if the person’s conviction of a felony occurred more than five 34 years before the date of the application for a license or 35 -19- LSB 5426HV (3) 88 ss/jh 19/ 31
H.F. 2587 permit, and if the person’s rights of citizenship have been 1 restored by the governor pursuant to sections 914.1 through 2 914.6 , the administrator may determine that the person is of 3 good moral character notwithstanding such conviction. 4 Sec. 49. Section 161A.5, subsection 3, paragraph b, Code 5 2020, is amended to read as follows: 6 b. Every candidate shall file with the nomination papers 7 an affidavit stating the candidate’s name, the candidate’s 8 residence, that the person is a candidate and is eligible for 9 the office of commissioner, and that if elected the candidate 10 will qualify for the office. The affidavit shall also state 11 that the candidate is aware that the candidate is disqualified 12 from holding office if the candidate has been convicted of a 13 felony or other infamous crime and the candidate’s rights have 14 not been restored by the governor or by the president of the 15 United States. 16 Sec. 50. Section 277.4, subsection 2, paragraph b, Code 17 2020, is amended to read as follows: 18 b. Signers of nomination petitions shall include their 19 addresses and the date of signing, and must reside in the same 20 director district as the candidate if directors are elected 21 by the voters of a director district, rather than at-large. 22 A person may sign nomination petitions for more than one 23 candidate for the same office, and the signature is not invalid 24 solely because the person signed nomination petitions for 25 one or more other candidates for the office. The petition 26 shall be filed with the affidavit of the candidate being 27 nominated, stating the candidate’s name, place of residence, 28 that such person is a candidate and is eligible for the office 29 the candidate seeks, and that if elected the candidate will 30 qualify for the office. The affidavit shall also state that 31 the candidate is aware that the candidate is disqualified from 32 holding office if the candidate has been convicted of a felony 33 or other infamous crime and the candidate’s rights have not 34 been restored by the governor or by the president of the United 35 -20- LSB 5426HV (3) 88 ss/jh 20/ 31
H.F. 2587 States. 1 Sec. 51. Section 376.4, subsection 2, paragraph b, Code 2 2020, is amended to read as follows: 3 b. The petition must include the affidavit of the individual 4 for whom it is filed, stating the individual’s name, the 5 individual’s residence, that the individual is a candidate and 6 eligible for the office, and that if elected the individual 7 will qualify for the office. The affidavit shall also state 8 that the candidate is aware that the candidate is disqualified 9 from holding office if the candidate has been convicted of a 10 felony or other infamous crime and the candidate’s rights have 11 not been restored by the governor or by the president of the 12 United States. 13 Sec. 52. Section 914.2, Code 2020, is amended to read as 14 follows: 15 914.2 Right of application. 16 Except as otherwise provided in section 902.2 or 914.8 , a 17 person convicted of a criminal offense has the right to make 18 application to the board of parole for recommendation or to 19 the governor for a reprieve, pardon, commutation of sentence, 20 remission of fines or forfeitures, or restoration of rights of 21 citizenship at any time following the conviction. 22 Sec. 53. Section 914.6, subsection 3, Code 2020, is amended 23 to read as follows: 24 3. In the case of a remission of fines and forfeitures, 25 restoration of rights of citizenship other than the right to 26 register to vote and to vote , or a pardon, commutation of 27 sentence, or reprieve, if the person is not in custody, one 28 copy of the executive instrument shall be delivered to the 29 person and one copy to the clerk of the district court where 30 the judgment is of record. A list of the restorations of 31 rights of citizenship issued by the governor shall be delivered 32 to the state registrar of voters at least once each month. 33 Sec. 54. NEW SECTION . 914.8 Restoration of right to 34 register and to vote. 35 -21- LSB 5426HV (3) 88 ss/jh 21/ 31
H.F. 2587 1. A person convicted of a felony criminal offense who has 1 been discharged from probation under section 907.9, discharged 2 from parole or work release under section 906.15, or who is 3 released from confinement under section 902.6 because the 4 person has completed the person’s term of confinement, shall 5 have the right to register to vote and to vote as provided in 6 this section. 7 2. Upon discharge from confinement or supervision, the 8 department of corrections or judicial district department of 9 correctional services, whichever is applicable, shall provide 10 written notice to the inmate, parolee, or probationer of the 11 person’s discharge which shall include a voter registration 12 form and a statement that the person’s right to register to 13 vote and to vote is restored. The notice shall also inform the 14 person that when first registering to vote after discharge, the 15 person must present the discharge notice to the commissioner of 16 registration. 17 DIVISION VII 18 FELON VOTER DATABASE MAINTENANCE 19 Sec. 55. NEW SECTION . 48A.7B Felony database maintenance 20 activities. 21 1. A database maintained by the state commissioner that 22 lists the persons who have been convicted of a felony shall be 23 reviewed and verified to be correct before the first day on 24 which absentee ballots may be mailed in each general election, 25 and one half of the database shall be verified to be correct by 26 July 1 of each year. 27 2. Only a person whose conviction of a felony is verified 28 shall remain in the database. The judicial branch shall 29 provide any assistance necessary for the verification of felony 30 convictions. 31 3. After completing the database verification required by 32 subsection 1, the state commissioner shall, by the first week 33 of the next regular session of the general assembly, submit a 34 report to the general assembly containing all of the following: 35 -22- LSB 5426HV (3) 88 ss/jh 22/ 31
H.F. 2587 a. The number of registered voters who appeared on the list 1 of felons in error. 2 b. The number of persons who attempted to vote but were 3 prohibited from voting because of an error on the list of 4 felons. 5 c. A description of how the state commissioner intends to 6 prevent future errors in the database. 7 Sec. 56. Section 48A.30, Code 2020, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3. If a registered voter’s registration 10 is canceled pursuant to subsection 1, paragraph “d” , and it is 11 discovered that the registered voter was erroneously identified 12 as having been convicted of a felony as defined in section 13 701.7, or conviction of an offense classified as a felony under 14 federal law, the commissioner shall notify the registered voter 15 of the error, and shall reinstate the registration at the 16 last-known address of the registered voter if that address is 17 within the county of the commissioner. 18 DIVISION VIII 19 ELECTION SYSTEMS SECURITY 20 Sec. 57. ELECTION SYSTEMS SECURITY. 21 1. The state commissioner of elections shall adopt rules 22 requiring each county commissioner of elections to do all of 23 the following: 24 a. Become or remain a member of the election infrastructure 25 information sharing and analysis center. 26 b. Request the following services provided by the United 27 States department of homeland security: 28 (1) Vulnerability scanning. 29 (2) Risk and vulnerability assessment. 30 (3) Remote penetration testing. 31 (4) Validated architectural design review. 32 (5) Cyber threat hunt. 33 (6) Tabletop exercise. 34 (7) Physical security assessment. 35 -23- LSB 5426HV (3) 88 ss/jh 23/ 31
H.F. 2587 c. Review the handbook for elections infrastructure 1 security, or other framework approved by the state commissioner 2 of elections, and create an elections infrastructure security 3 assessment and incident response plan. The state commissioner 4 of elections may require a county commissioner of elections 5 to submit the assessment or plan to the state commissioner of 6 elections for review. Information shared pursuant to this 7 paragraph shall remain confidential. 8 d. Use transport layer security or secure socket layer 9 certificates for all publicly facing and internal web-based 10 applications. 11 e. Consider participating in the cloudflare athenian 12 project. 13 f. Consider using google project shield. 14 g. Use a domain name ending in “.gov” for each 15 elections-related internet site and all elections-related 16 official electronic mail communications. 17 h. Conduct annual training on election cybersecurity and 18 physical security. 19 i. Require each employee, vendor, and contractor that 20 performs services that require access to personal information 21 relates to computer networks, information systems, databases, 22 or secure facilities of the commissioner or the state 23 commissioner of elections under circumstances that would permit 24 modifications to such systems, or involve unsupervised access 25 to secure facilities, to undergo a criminal background check. 26 j. Comply with the center for internet security guide for 27 ensuring security in elections technical procurements. 28 k. Use domain-based message authentication, reporting, and 29 conformance to prevent electronic mail spoofing. 30 l. Participate in phishing assessments arranged by the 31 state commissioner of elections. A county commissioner of 32 elections may participate in additional phishing assessments. 33 m. Participate in the services offered by the information 34 security division of the office of the chief information 35 -24- LSB 5426HV (3) 88 ss/jh 24/ 31
H.F. 2587 officer or similar services. 1 n. Provide the state commissioner of elections with 2 information relating to critical personnel who have a role in 3 elections administration or security. 4 o. Remediation requirements for all critical or high-risk 5 vulnerabilities identified by any assessment. 6 p. Prohibiting the use of personal electronic mail 7 addresses in the conduct of elections-related business. 8 q. Requirements for county information technology 9 infrastructure that is used to access or conduct any 10 elections-related business. 11 r. Requirements for the security and verification of social 12 media accounts by county commissioners of elections. 13 2. The state commissioner of elections shall do all of the 14 following: 15 a. Ensure that all computers used by the state commissioner 16 of elections and employees are fully updated. 17 b. Implement multifactor authentication for all web-based 18 applications available to election officials. 19 c. Require usage of intrusion detection devices by all 20 counties. 21 d. Investigate implementation of security information and 22 event management services for elections-related computer and 23 network systems. 24 3. The state commissioner of elections may adopt rules for 25 the regulation of county offices other than the office of the 26 county commissioner of elections if the network or internet 27 site infrastructure of the county does not allow the network 28 or internet site segmentation of the office of the county 29 commissioner of elections. 30 Sec. 58. IMPLEMENTATION OF ACT. Section 25B.2, subsection 31 3, shall not apply to this division of this Act. 32 DIVISION IX 33 EFFECTIVE DATE 34 Sec. 59. EFFECTIVE DATE. This Act, being deemed of 35 -25- LSB 5426HV (3) 88 ss/jh 25/ 31
H.F. 2587 immediate importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to voting and the conduct of elections. 5 DIVISION I —— ADMINISTRATION OF ELECTIONS. This division 6 requires all petitions relating to any elective office, 7 election, or the administration of elections to include the 8 printed name, signature, address, and phone number of the 9 person responsible for circulating each page of the petition. 10 The bill requires all ballots to include the seal of the 11 county auditor of the county of the county commissioner of 12 elections responsible for printing the ballot. The seal of 13 the county auditor shall contain the name of the county, the 14 word “county”, and the word “Iowa”, and may contain the word 15 “auditor”. The seal shall not contain the name of the auditor 16 or any elected official. 17 The bill allows a county commissioner of registration to 18 cancel a voter’s registration if the commissioner receives 19 notice of the voter’s death from the federal social security 20 administration. 21 The bill sets the date for the drawing of lots for the 22 arrangement of candidates on a nonpartisan ballot to the 23 sixty-eighth day prior to the general election. 24 The bill adds provisions regarding the safeguarding of 25 confidential information to the oath taken by precinct election 26 officials and requires the state commissioner to provide 27 training on the handling of confidential information to such 28 officials. 29 The bill requires a voter who is attesting to the 30 identity of a registered voter who is unable to produce voter 31 identification to first provide proof of the attesting voter’s 32 identity. 33 The bill requires the state commissioner of elections to 34 order election audits prior to all elections other than general 35 -26- LSB 5426HV (3) 88 ss/jh 26/ 31
H.F. 2587 elections. 1 The bill requires a county commissioner of elections who 2 receives an incomplete application for an absentee ballot to 3 contact the voter and obtain the missing information directly 4 from the voter. A county commissioner of elections shall only 5 use the voter registration system to obtain such information 6 if all other methods have been exhausted. The bill removes a 7 provision allowing a county commissioner of elections to obtain 8 such information by the best means available. 9 The bill allows a registered voter who becomes a patient, 10 tenant, or resident of a hospital, assisted living program, 11 or health care facility in the county where the voter is 12 registered to vote after the deadline for making a written 13 application for an absentee ballot to request an absentee 14 ballot during that period, including election day. Current law 15 allows a person who becomes so confined within three days prior 16 to the date of an election to request an absentee ballot. 17 The bill removes a special deadline for the receipt of 18 petitions for ballot propositions to approve the conduct of 19 gambling games in a county. The bill requires such petitions 20 to be submitted as required for other petitions. 21 The bill changes the withdrawal deadline for candidates for 22 school district office from 35 days before the election to 25 23 days before the election. 24 The bill repeals a section of 2017 Iowa Acts, chapter 155, 25 that was not codified and is inconsistent with current law. 26 The bill removes a provision making the willful false 27 swearing of an affidavit a fraudulent practice. Such conduct 28 remains election misconduct in the first degree. 29 DIVISION II —— PROPOSED CONSTITUTIONAL AMENDMENT PROCEDURES. 30 This division of the bill relates to the process for amending 31 the Iowa constitution. The bill requires the commissioner 32 of elections to summarize proposed constitutional amendments 33 and public measures and to post the full text of such proposed 34 constitutional amendments and public measures within voting 35 -27- LSB 5426HV (3) 88 ss/jh 27/ 31
H.F. 2587 booths. Current law allows the commissioner of elections 1 to summarize proposed constitutional amendments and public 2 measures. 3 DIVISION III —— MISCELLANEOUS PROVISIONS. This division of 4 the bill relates to various changes to the Code. 5 The bill changes the rate of compensation for presidential 6 electors from $5 per day to one-half of the per diem rate set by 7 the federal general services administration. 8 The bill changes the time at which the senate shall organize 9 as a court of impeachment from forthwith after the hour of 10 final adjournment to as soon as practicable. The bill also 11 changes the rate of compensation for members serving on a court 12 of impeachment to the same rate as for members serving in a 13 special session of the general assembly if the general assembly 14 is not in regular session. If the general assembly is in 15 regular session, the bill provides that members shall receive 16 no additional compensation. 17 DIVISION IV —— CONDUCT OF ELECTIONS. This division of the 18 bill relates to the conduct of elections. 19 The bill alters the deadlines for filing a nomination 20 petition, withdrawing a nomination, and filling a ballot 21 vacancy. 22 The bill makes technical changes to the provisions of law 23 governing the content of notices of elections. 24 The bill requires any election other than a presidential 25 election or an election for a nonpartisan office that results 26 in a tie to go to a special election. A tied election for 27 president shall result in the electors being split between the 28 candidates. 29 The bill allows a candidate requesting a recount to request 30 the presence of a county commissioner of elections from another 31 county at the recount. Such a commissioner may report any 32 irregularities observed by the commissioner at any time after 33 the election to the state commissioner of elections. 34 The bill requires a recount for an election other than a 35 -28- LSB 5426HV (3) 88 ss/jh 28/ 31
H.F. 2587 statewide election to include all precincts in which a ballot 1 for the contested election was cast. 2 The bill allows an unregistered person seeking to vote 3 absentee at the office of a county commissioner of elections 4 prior to the voter registration deadline who does not have an 5 Iowa driver’s license, nonoperator’s identification card, or 6 voter identification number to vote absentee by satisfying the 7 voter identification requirements of Code section 49.78. 8 The bill changes the process by which absentee ballots 9 lacking a signature are verified. If such a ballot is received 10 by 5:00 p.m. on the Saturday before a general election or by 11 5:00 p.m. on the Friday before any other election, the county 12 commissioner of elections must contact the voter within 24 13 hours and inform the voter how to remediate the ballot. A 14 ballot received after the applicable deadline is sent to the 15 absentee and special voters precinct board for review. If the 16 absentee and special voters precinct board determines that the 17 affidavit is incomplete, the commissioner shall inform the 18 voter within 24 hours how the ballot may be remediated if the 19 ballot lacks a signature. 20 The bill alters the timeline for contesting a gubernatorial 21 election and the makeup of a contest court for such a 22 challenge. 23 The bill alters the timeline for holding a special election 24 to fill a vacant office and prohibits a person who has ever 25 been removed from office from being appointed to fill a 26 vacancy. 27 DIVISION V —— CANDIDATES FOR PUBLIC OFFICE. This division 28 prohibits a person who files an affidavit of candidacy to be 29 a partisan candidate for an office in an election from filing 30 an affidavit of candidacy to be a candidate for a nonparty 31 political organization or to be nominated by petition for the 32 same office in the same election. 33 The bill changes the filing deadline for nominations for 34 nonpartisan offices which are required to be filed in the 35 -29- LSB 5426HV (3) 88 ss/jh 29/ 31
H.F. 2587 office of the county commissioner of elections from not later 1 than 5:00 p.m. on the 74th day before the first Tuesday after 2 the first Monday in June in each even-numbered year to not 3 later than 5:00 p.m. on the 69th day before the date of the 4 general election. 5 DIVISION VI —— VOTING RIGHTS OF CERTAIN CONVICTED PERSONS. 6 This division makes restoration of the right to register 7 to vote and to vote automatic upon a person’s release from 8 probation, parole, or work release. By operation of law, 9 persons whose rights have been restored are eligible to run for 10 elective office. 11 The bill requires the department of corrections or the 12 judicial district department of correctional services to 13 provide written notice upon discharge from confinement or 14 supervision that a person’s voting rights are restored and 15 that the person must provide written notice of discharge when 16 registering to vote. The notice shall also include a voter 17 registration form. 18 DIVISION VII —— FELON VOTER DATABASE MAINTENANCE. This 19 division relates to the database of persons prohibited from 20 voting or registering to vote due to conviction of a felony. 21 The bill requires the state commissioner of elections to verify 22 the accuracy of the database before the first day on which 23 absentee ballots may be mailed for each general election, and 24 to have verified the accuracy of 50 percent of the database 25 by July 1 of each year. After verifying the database, the 26 state commissioner of elections must submit a report to the 27 general assembly by the first week of the next regular session 28 of the general assembly regarding errors in the database. The 29 bill requires the judicial branch to cooperate in verification 30 efforts. 31 The bill requires a county commissioner of elections who 32 discovers that a person’s voter registration has erroneously 33 been canceled due to an error in the felon voter database to 34 inform the person of the error, and to reinstate the person’s 35 -30- LSB 5426HV (3) 88 ss/jh 30/ 31
H.F. 2587 registration at the last-known address of the person if the 1 address is within the county of the county commissioner of 2 elections. 3 DIVISION VIII —— ELECTION SYSTEMS SECURITY. This division 4 relates to election systems security. The bill requires the 5 state commissioner of elections to adopt rules requiring county 6 commissioners of elections to take certain actions relating 7 to election security, including using services provided by 8 the United States department of homeland security, using 9 certain third-party security services and guides, and requiring 10 background checks for certain employees and contractors. 11 The bill requires the state commissioner of elections to 12 ensure that all computers used by the state commissioner 13 of elections and employees are fully updated, implement 14 multifactor authentication for all web-based applications 15 available to election officials, required usage of 16 intrusion detection devices by all counties, and investigate 17 implementation of security information and event management 18 services for elections-related computer and network systems. 19 The division may include a state mandate as defined in Code 20 section 25B.3. The bill makes inapplicable Code section 25B.2, 21 subsection 3, which would relieve a political subdivision from 22 complying with a state mandate if funding for the cost of 23 the state mandate is not provided or specified. Therefore, 24 political subdivisions are required to comply with any state 25 mandate included in the division. 26 DIVISION IX —— EFFECTIVE DATE. The bill takes effect upon 27 enactment. 28 -31- LSB 5426HV (3) 88 ss/jh 31/ 31