Senate Study Bill 1078 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to the administration of elections, providing 1 penalties, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1175XD (11) 88 ss/jh
S.F. _____ H.F. _____ Section 1. Section 39.2, subsection 4, paragraph b, as 1 amended by 2017 Iowa Acts, chapter 155, section 13, is amended 2 to read as follows: 3 b. For a city, in the odd-numbered year, the first 4 Tuesday in March, the first Tuesday in May, the first Tuesday 5 in August, or the first Tuesday after the first Monday in 6 November. For a city, in the even-numbered year, the first 7 Tuesday in March, the first Tuesday in May, or the first 8 Tuesday in August , or the first Tuesday in December . 9 Sec. 2. Section 39.2, subsection 4, paragraph c, Code 2019, 10 is amended to read as follows: 11 c. For a school district or merged area, in the odd-numbered 12 year, the first Tuesday in February, the first Tuesday in 13 April, the last Tuesday in June, or the second Tuesday in 14 September. For a school district or merged area, in the 15 even-numbered year, the first Tuesday in February, the first 16 Tuesday in April, or the second Tuesday in September , or the 17 second Tuesday in December . 18 Sec. 3. Section 39A.3, subsection 1, paragraph a, Code 2019, 19 is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (5) Falsely or fraudulently signs 21 nomination papers on behalf of another person. 22 Sec. 4. Section 39A.3, subsection 1, Code 2019, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter 25 registration information, including resale or redistribution 26 of the voter registration list without written permission of 27 the state registrar, for purposes other than those permitted 28 by section 48A.39. 29 Sec. 5. Section 39A.4, subsection 1, paragraph c, 30 subparagraph (5), Code 2019, is amended by striking the 31 subparagraph. 32 Sec. 6. Section 39A.6, Code 2019, is amended to read as 33 follows: 34 39A.6 Technical infractions —— notice. 35 -1- LSB 1175XD (11) 88 ss/jh 1/ 11
S.F. _____ H.F. _____ 1. If the state commissioner or county commissioner becomes 1 aware of an apparent technical violation of a provision of 2 chapters 39 through 53 , the state commissioner or county 3 commissioner may administratively provide a written notice 4 and letter of instruction to the responsible person regarding 5 proper compliance procedures. 6 2. If the state commissioner sends a notice of such a 7 technical infraction to a county commissioner, the state 8 commissioner may require a written explanation of the 9 occurrence, and measures that the person took to redress the 10 issues contained within the notice. 11 3. This notice is not a final determination of facts or law 12 in the matter, and does not entitle a person to a proceeding 13 under chapter 17A . 14 Sec. 7. Section 43.14, subsection 1, Code 2019, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . g. The printed name, signature, address, 17 and phone number of the person responsible for circulating the 18 petition page. 19 Sec. 8. Section 43.14, subsection 2, Code 2019, is amended 20 to read as follows: 21 2. a. Signatures on a petition page shall be counted only 22 if the information required in subsection 1 is written or 23 printed at the top of the page. 24 b. Nomination papers on behalf of candidates for seats in 25 the general assembly need only designate the number of the 26 senatorial or representative district, as appropriate, and 27 not the county or counties, in which the candidate and the 28 petitioners reside. 29 c. A signature line shall not be counted if the line 30 lacks the signature of the eligible elector and the signer’s 31 residential address , with street and number, if any, and city. 32 A signature line shall not be counted if an eligible elector 33 supplies only a partial address or a post office box address, 34 or if the signer’s address is obviously outside the boundaries 35 -2- LSB 1175XD (11) 88 ss/jh 2/ 11
S.F. _____ H.F. _____ of the district. 1 d. A signature line shall not be counted if any of the 2 required information is crossed out or redacted at the time 3 the nomination papers are filed with the state commissioner or 4 commissioner. 5 Sec. 9. Section 43.14, subsection 4, Code 2019, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . f. Any other information required by section 8 43.18. 9 Sec. 10. Section 43.15, subsection 2, Code 2019, is amended 10 to read as follows: 11 2. Each signer shall add the signer’s residence residential 12 address , with street and number, if any, and the date of 13 signing. 14 Sec. 11. Section 43.22, unnumbered paragraph 1, Code 2019, 15 is amended to read as follows: 16 The state commissioner shall, at least sixty-nine days 17 before a primary election, or as soon as practicable if an 18 objection under section 43.24 is pending, furnish to the 19 commissioner of each county a certificate under the state 20 commissioner’s hand and seal, which certificate shall show: 21 Sec. 12. Section 43.24, subsection 1, paragraph b, 22 subparagraphs (1) and (2), Code 2019, are amended to read as 23 follows: 24 (1) Those filed with the state commissioner, not less than 25 seventy-four days before the date of the election , or for 26 certificates of nomination filed under section 43.23, not less 27 than seventy days before the date of the election . 28 (2) Those filed with the commissioner, not less than 29 sixty-four days before the date of the election , or for 30 certificates of nomination filed under section 43.23, not less 31 than sixty-two days before the date of the election . 32 Sec. 13. Section 45.5, subsection 1, Code 2019, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . f. The printed name, signature, address, 35 -3- LSB 1175XD (11) 88 ss/jh 3/ 11
S.F. _____ H.F. _____ and phone number of the person responsible for circulating the 1 petition page. 2 Sec. 14. Section 45.5, subsection 2, Code 2019, is amended 3 to read as follows: 4 2. a. Signatures on a petition page shall be counted only 5 if the information required in subsection 1 is written or 6 printed at the top of the page. 7 b. Nomination papers on behalf of candidates for seats in 8 the general assembly need only designate the number of the 9 senatorial or representative district, as appropriate, and 10 not the county or counties, in which the candidate and the 11 petitioners reside. 12 c. A signature line in a nomination petition shall not be 13 counted if the line lacks the signature of the eligible elector 14 and the signer’s residential address , with street and number, 15 if any, and city. A signature line shall not be counted if 16 an eligible elector supplies only a partial address or a post 17 office box address, or if the signer’s address is obviously 18 outside the boundaries of the appropriate ward, city, school 19 district or school district director district, legislative 20 district, or other district. 21 d. A signature line shall not be counted if any of the 22 required information is crossed out or redacted at the time 23 the nomination papers are filed with the state commissioner or 24 commissioner. 25 Sec. 15. Section 45.6, subsection 2, Code 2019, is amended 26 to read as follows: 27 2. Each signer shall add the signer’s residence residential 28 address , with street and number , if any, and city . 29 Sec. 16. Section 47.1, subsection 6, Code 2019, is amended 30 to read as follows: 31 6. The state commissioner may, at the state commissioner’s 32 discretion, examine the records of a commissioner to evaluate 33 complaints and to ensure compliance with the provisions 34 of chapters 39 through 53 . This examination shall include 35 -4- LSB 1175XD (11) 88 ss/jh 4/ 11
S.F. _____ H.F. _____ assessments conducted or authorized by private or government 1 entities to evaluate a county’s security readiness for 2 elections-related technology or physical facilities. The state 3 commissioner shall adopt rules pursuant to chapter 17A to 4 require a commissioner to provide written explanations related 5 to examinations conducted pursuant to this subsection . Any 6 information that is requested by or in the possession of the 7 state commissioner pursuant to this chapter shall not lose its 8 confidential status pursuant to section 22.7, subsection 50. 9 Sec. 17. Section 47.1, Code 2019, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 7. The state commissioner may share 12 information a county provides to an appropriate government 13 agency to safeguard against cybersecurity or physical threats. 14 NEW SUBSECTION . 8. The state commissioner may adopt rules 15 pursuant to chapter 17A to create minimum security protocols 16 applicable to county commissioners of elections. If a county 17 fails to adhere to these protocols, the state commissioner may 18 limit access to the statewide voter registration system. 19 Sec. 18. Section 47.2, Code 2019, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 7. The county commissioner of elections 22 shall, to maintain election security, do all of the following: 23 a. When the county commissioner believes that a 24 cybersecurity incident or data breach has occurred, the county 25 commissioner shall immediately inform the state commissioner 26 of elections. 27 b. If the county commissioner has no reason to believe 28 that a cybersecurity incident or data breach has occurred, 29 the county commissioner shall certify that fact to the state 30 commissioner on an annual basis. 31 Sec. 19. Section 47.7, subsection 2, paragraph d, Code 2019, 32 is amended to read as follows: 33 d. The state registrar shall prescribe by rule the 34 procedures for access to the state voter registration file, 35 -5- LSB 1175XD (11) 88 ss/jh 5/ 11
S.F. _____ H.F. _____ security requirements, and access protocols for adding, 1 changing, or deleting information from the state voter 2 registration file including all of the following: 3 (1) Access protocols for adding, changing, or deleting 4 information from the state voter registration file. 5 (2) Training requirements for all state voter registration 6 file users. 7 (3) Technology safeguards, including county information 8 technology network requirements, necessary to access the state 9 voter registration file. 10 (4) Breach incident response requirements and protocols on 11 all matters related to elections . 12 Sec. 20. Section 47.7, subsection 2, Code 2019, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . e. The state registrar may rescind access to 15 the statewide voter registration file from a user who is not in 16 compliance with the prescribed rules. 17 Sec. 21. Section 48A.9, subsection 4, Code 2019, is amended 18 to read as follows: 19 4. Registration forms submitted to voter registration 20 agencies, to motor vehicle driver’s license stations, and to 21 county treasurer’s offices participating in county issuance of 22 driver’s licenses under chapter 321M shall be considered on 23 time if they are received no later than 5:00 11:59 p.m. on the 24 day registration closes for that election. Offices or agencies 25 other than the county commissioner’s office are not required 26 to be open for voter registration purposes at times other than 27 their usual office hours. 28 Sec. 22. Section 48A.26, subsection 1, Code 2019, is amended 29 to read as follows: 30 1. a. Except as otherwise provided in paragraph paragraphs 31 “b” and “c” of this subsection , or section 48A.26A, within seven 32 working days of receipt of a voter registration form or change 33 of information in a voter registration record the commissioner 34 shall send an acknowledgment to the registrant at the mailing 35 -6- LSB 1175XD (11) 88 ss/jh 6/ 11
S.F. _____ H.F. _____ address shown on the registration form. The acknowledgment 1 shall be sent by nonforwardable mail. 2 b. For a voter registration form or change of information 3 in a voter registration record submitted at a precinct caucus, 4 the commissioner shall send an acknowledgment within forty-five 5 days of receipt of the form or change of information. 6 c. For a voter registration form or change of information in 7 a voter registration record submitted within fourteen days of a 8 regularly scheduled election, the commissioner shall send an 9 acknowledgment within forty-eight hours of receipt of the form 10 or change of information. 11 Sec. 23. Section 49.11, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4. Notice of changes made pursuant to 14 subsection 3 shall be reported to the state commissioner at 15 least twenty-five days before the next election in which the 16 temporary precinct will be active, or, for elections held 17 pursuant to section 69.14 while the general assembly is in 18 session or within forty-five days of the convening of a session 19 of the general assembly, at least ten days before election day. 20 Sec. 24. Section 49.31, subsection 1, paragraph a, Code 21 2019, is amended to read as follows: 22 a. All ballots shall be arranged with the names of 23 candidates for each office listed below the office title. 24 For partisan elections the name of the political party or 25 organization which nominated each candidate shall be listed 26 after or below each candidate’s name. The state commissioner 27 may prescribe, and a county commissioner may use, uniform 28 abbreviations for political parties and organizations. 29 Sec. 25. Section 49.57, subsection 2, Code 2019, is amended 30 to read as follows: 31 2. After the name of each candidate for a partisan office 32 the name of the candidate’s political party shall be printed 33 in at least six point type. The names of political parties 34 and nonparty political organizations may be abbreviated on 35 -7- LSB 1175XD (11) 88 ss/jh 7/ 11
S.F. _____ H.F. _____ the remainder of the ballot if both the full name and the 1 abbreviation appear in the voter instruction area of the 2 ballot. 3 Sec. 26. Section 50.51, subsection 6, Code 2019, is amended 4 to read as follows: 5 6. The state commissioner shall adopt rules, pursuant 6 to chapter 17A , to implement this section , which may include 7 the establishment of pilot programs related to post-election 8 audits . 9 Sec. 27. NEW SECTION . 53.1A Rules. 10 The state commissioner shall adopt rules pursuant to chapter 11 17A for the implementation of this chapter. 12 Sec. 28. Section 53.8, subsection 1, paragraph a, 13 unnumbered paragraph 1, Code 2019, is amended to read as 14 follows: 15 Upon receipt of an application for an absentee ballot 16 and immediately after the absentee ballots are printed, 17 but not more than twenty-nine days before the election, the 18 commissioner shall mail an absentee ballot to the applicant 19 within twenty-four hours, except as otherwise provided in 20 subsection 3 . When the United States post office is closed 21 in observance of a federal holiday and is not delivering mail 22 on the twenty-ninth day before the election, the first day to 23 mail absentee ballots is the next business day on which mail 24 delivery is available. The absentee ballot shall be sent to 25 the registered voter by one of the following methods: 26 Sec. 29. EFFECTIVE DATE. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the administration of elections. 32 The bill eliminates the second Tuesday in December as a 33 possible date for a special election on a public measure in 34 a school district or merged area in an even-numbered year. 35 -8- LSB 1175XD (11) 88 ss/jh 8/ 11
S.F. _____ H.F. _____ The bill also eliminates the first Tuesday in December as a 1 possible date for a special election on a public measure in a 2 city in an even-numbered year. 3 The bill makes the false or fraudulent signing of nomination 4 papers on behalf of another person and the misuse of voter 5 registration information election misconduct in the second 6 degree. Under current law, misuse of voter registration 7 information is election misconduct in the third degree. A 8 person who commits election misconduct in the second degree is 9 guilty of an aggravated misdemeanor. An aggravated misdemeanor 10 is punishable by confinement for no more than two years and a 11 fine of at least $625 but not more than $6,250. 12 The bill permits the state commissioner of elections to 13 require a written explanation from a county commissioner who 14 has been issued a notice of technical infraction. Such an 15 explanation must contain measures the county commissioner took 16 to redress the issues in the notice. 17 The bill requires a person circulating a petition for 18 nomination to include that person’s name, signature, address, 19 and phone number. The bill also specifies that a signature 20 line must contain a signer’s residential address. The bill 21 prohibits a signature line from being counted if the signature 22 line contains a partial address or a post office box address, 23 or if any of the required information is crossed out or 24 redacted at the time of filing. The bill requires nomination 25 papers to be rejected if they do not contain information 26 required by Code section 43.18 (affidavit of candidacy). 27 The bill requires the state commissioner to issue a 28 certificate of nomination to each county commissioner as soon 29 as is practicable if a challenge to the nomination pursuant 30 to section 43.24 is pending. Current law requires the state 31 commissioner to issue such a certificate at least 69 days 32 before a primary election. 33 The bill permits objections to be filed to certificates of 34 nomination for candidates to replace candidates who have died 35 -9- LSB 1175XD (11) 88 ss/jh 9/ 11
S.F. _____ H.F. _____ or withdrawn their nomination. 1 The bill permits the state commissioner to examine election 2 security assessments conducted or authorized by government or 3 private entities. Such information retains its confidential 4 status. The bill also permits the state commissioner to share 5 information provided by a county to an appropriate government 6 agency to safeguard against cybersecurity or physical threats 7 and to adopt rules for minimum security standards to which 8 county commissioners must adhere. The state commissioner may 9 limit access to the statewide voter registration system if a 10 county commissioner fails to meet these standards. 11 The bill requires a county commissioner of elections 12 to report to the state commissioner of elections when the 13 county commissioner believes that a cybersecurity incident or 14 data breach has occurred. The bill also requires a county 15 commissioner to report to the state commissioner on an annual 16 basis if the county commissioner has no reason to believe that 17 a cybersecurity incident or data breach has occurred. 18 The bill requires the state registrar of voters to adopt 19 rules regarding access to the statewide voter registration 20 system and training requirements, technology safeguards, and 21 breach incident response requirements. 22 The bill extends the deadline by which voter registration 23 forms must be submitted to voter registration agencies, motor 24 vehicle driver’s license stations, and county treasurer’s 25 offices participating in county issuance of driver’s licenses 26 from 5:00 p.m. to 11:59 p.m. on the day registration closes for 27 an election. 28 The bill changes the time frame for the state commissioner 29 of elections to send an acknowledgment of receipt of a voter 30 registration form or change of information, if that form was 31 submitted within 14 days of a regularly scheduled election, 32 from within 7 days to within 48 hours. 33 The bill requires county commissioners of elections to 34 report temporary combinations of precincts to the state 35 -10- LSB 1175XD (11) 88 ss/jh 10/ 11
S.F. _____ H.F. _____ commissioner of elections at least 25 days before the next 1 election for which the precinct will be active, or at least 10 2 days prior to an election held pursuant to section 69.14. 3 The bill allows the state commissioner of elections to 4 prescribe, and county commissioners of elections to place 5 on ballots, uniform abbreviations for political parties and 6 organizations. The bill allows abbreviations for the names of 7 political parties and organizations to be used on the remainder 8 of the ballot if the full name and abbreviation appear in the 9 voter instruction portion of the ballot. 10 The bill allows the state commissioner of elections to adopt 11 rules to establish pilot programs related to post-election 12 audits. 13 The bill requires the state commissioner of elections to 14 adopt rules for the implementation of the absentee voting 15 system. 16 The bill moves the first day to mail absentee ballots to 17 the first business day on which mail delivery is available 18 following the 29th day before an election in the event that the 19 United States post office is closed and not delivering mail on 20 the 29th day before an election. 21 The bill takes effect upon enactment. 22 -11- LSB 1175XD (11) 88 ss/jh 11/ 11