House
File
2526
-
Introduced
HOUSE
FILE
2526
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
719)
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
1
provisions
related
to
absentee
ballots,
recounts,
and
2
contested
gubernatorial
elections
and
impeachments,
making
3
penalties
applicable,
and
including
effective
date
and
4
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
43.20,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
a.
Except
as
provided
in
paragraph
“b”
,
nomination
3
Nomination
papers
shall
be
signed
by
eligible
electors
as
4
provided
in
section
45.1
.
5
b.
Nomination
papers
for
an
office
to
be
filled
by
the
6
voters
of
the
county
or
for
the
office
of
county
supervisor
7
elected
from
a
district
within
the
county,
shall
be
signed
8
by
at
least
two
percent
of
the
party
vote
in
the
county
or
9
supervisor
district,
as
shown
by
the
last
general
election,
or
10
by
at
least
one
hundred
persons,
whichever
is
less.
11
Sec.
2.
Section
43.56,
subsection
1,
paragraph
c,
Code
2022,
12
is
amended
to
read
as
follows:
13
c.
A
third
person
mutually
agreeable
to
the
board
members
14
designated
by
the
candidates
One
person
who
is
a
precinct
15
election
official
selected
by
the
chief
judge
of
the
judicial
16
district
in
which
the
canvass
occurs
at
or
before
the
time
the
17
board
is
required
to
convene
.
18
Sec.
3.
Section
43.78,
subsection
5,
paragraph
b,
Code
2022,
19
is
amended
to
read
as
follows:
20
b.
In
the
office
of
the
appropriate
commissioner,
at
least
21
sixty-four
sixty-seven
days
before
the
date
of
the
election.
22
Sec.
4.
Section
43.92,
Code
2022,
is
amended
to
read
as
23
follows:
24
43.92
Date
of
caucus
published.
25
1.
The
date,
time,
and
place
of
each
precinct
caucus
of
a
26
political
party
shall
be
published
at
least
twice
in
at
least
27
one
newspaper
of
general
circulation
in
the
precinct.
The
28
first
publication
shall
be
made
not
more
than
fifteen
days
nor
29
less
than
seven
days
before
the
date
of
the
caucus
and
the
30
second
shall
be
made
not
more
than
seven
days
before
and
not
31
later
than
the
date
of
the
caucus.
Such
publication
shall
32
also
state
in
substance
that
each
voter
affiliated
with
the
33
specified
political
party
may
attend
the
precinct
caucus.
34
Publication
in
a
news
item
or
advertisement
in
such
newspaper
35
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shall
constitute
publication
for
the
purposes
of
this
section
.
1
The
cost
of
such
publication,
if
any,
shall
be
paid
by
the
2
political
party.
3
2.
a.
In
lieu
of
the
requirement
to
publish
a
notice
in
a
4
newspaper
of
general
circulation
in
the
precinct,
a
political
5
party
may
publish
the
notice
in
its
entirety
on
the
political
6
party’s
internet
site,
if
the
political
party
maintains
an
7
internet
site.
The
notice
shall
include
all
information
8
otherwise
required
to
be
contained
in
the
publication
and
9
shall
comply
with
all
requirements
relating
to
the
date
of
10
publication.
11
b.
In
posting
and
maintaining
a
notice
on
a
political
12
party’s
internet
site,
the
political
party
shall
satisfy
all
13
of
the
following
requirements:
14
(1)
The
internet
site
shall
be
available
and
easily
15
accessible
at
all
times
by
the
public.
16
(2)
The
public
shall
not
be
charged
for
access
to
any
notice
17
posted
on
the
internet
site
pursuant
to
this
subsection.
18
(3)
The
notice
shall
be
maintained
and
accessible
through
19
the
same
internet
site
address
for
as
long
as
required
by
law
20
or
as
long
as
such
information
is
customarily
maintained
by
the
21
political
party,
whichever
is
longer.
22
c.
Compliance
with
the
requirements
of
this
subsection
23
shall
constitute
compliance
with
the
newspaper
publication
24
requirements
in
subsection
1.
25
Sec.
5.
NEW
SECTION
.
49.17
Conduct
of
elections
——
funding.
26
1.
The
state
commissioner
or
a
county
commissioner
or
27
political
subdivision
of
the
state
shall
only
accept
funding
28
from
the
following
sources
for
the
purposes
of
conducting
an
29
election:
30
a.
Lawful
appropriations
of
public
funds
from
the
government
31
of
the
United
States.
32
b.
Lawful
appropriations
of
public
funds
from
the
state
of
33
Iowa.
34
c.
Lawful
appropriations
of
public
funds
from
a
political
35
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subdivision
of
the
state
for
the
conduct
of
an
election
in
the
1
political
subdivision.
2
2.
The
state
commissioner,
a
county
commissioner,
or
a
3
political
subdivision
of
the
state
shall
not
accept
or
expend
4
a
grant,
gift,
or
other
source
of
funding
from
a
source
other
5
than
those
listed
in
subsection
1,
including
from
a
private
6
person,
corporation,
partnership,
political
party,
nonparty
7
political
organization,
committee
as
defined
in
section
8
68A.102,
or
other
organization
for
the
purpose
of
conducting
9
an
election.
10
3.
This
section
does
not
prohibit
the
state
commissioner
or
11
a
county
commissioner
or
political
subdivision
from
issuing
and
12
collecting
fees
as
otherwise
provided
by
law.
13
4.
This
section
does
not
apply
to
the
contribution
of
a
14
building
for
use
as
a
polling
place
pursuant
to
section
49.21.
15
Sec.
6.
Section
49.53,
subsection
1,
Code
2022,
is
amended
16
to
read
as
follows:
17
1.
The
commissioner
shall
not
less
than
four
nor
more
18
than
twenty
thirty
days
before
the
day
of
each
election,
19
except
those
for
which
different
publication
requirements
are
20
prescribed
by
law,
publish
notice
of
the
election.
The
notice
21
shall
list
the
names
of
all
candidates
or
nominees
and
the
22
office
each
seeks,
and
all
public
questions,
to
be
voted
upon
23
at
the
election.
The
notice
shall
also
state
the
date
of
the
24
election,
the
hours
the
polls
will
be
open,
that
each
voter
is
25
required
to
provide
identification
at
the
polling
place
before
26
the
voter
can
receive
and
cast
a
ballot,
the
location
of
each
27
polling
place
at
which
voting
is
to
occur
in
the
election,
and
28
the
names
of
the
precincts
voting
at
each
polling
place
,
the
29
date
the
election
will
be
audited
pursuant
to
section
50.51,
30
the
location
of
the
audit,
and
the
hours
during
which
the
31
election
will
be
audited
.
The
notice
shall
include
the
full
32
text
of
all
public
measures
to
be
voted
upon
at
the
election.
33
The
notice
may
contain
one
or
more
facsimiles
of
the
portion
34
of
the
ballot
containing
the
first
rotation
as
prescribed
by
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section
49.31,
subsection
2
.
1
Sec.
7.
NEW
SECTION
.
49.76A
Electronic
election
register.
2
1.
The
commissioner
may
use
an
electronic
election
register
3
in
lieu
of
a
paper
register
if
the
electronic
election
register
4
is
a
product
that
has
been
certified
for
use
in
this
state
by
5
the
state
commissioner.
6
2.
The
state
commissioner
shall
adopt
rules
pursuant
to
7
chapter
17A
for
the
implementation
of
this
section.
8
Sec.
8.
Section
50.11,
subsection
1,
Code
2022,
is
amended
9
to
read
as
follows:
10
1.
When
the
canvass
is
completed
one
of
the
precinct
11
election
officials
shall
,
upon
request
of
a
person
at
the
12
precinct,
publicly
announce
the
total
number
of
votes
received
13
by
each
of
the
persons
voted
for,
the
office
for
which
the
14
person
is
designated,
as
announced
by
the
designated
tally
15
keepers,
and
the
number
of
votes
for,
and
the
number
of
votes
16
against,
any
proposition
which
shall
have
been
submitted
to
a
17
vote
of
the
people.
A
precinct
election
official
may,
at
the
18
request
of
the
commissioner
who
is
conducting
the
election,
19
communicate
the
election
results
by
telephone
and
shall
deliver
20
the
election
results
in
person
pursuant
to
section
50.14
to
the
21
commissioner
who
is
conducting
the
election
immediately
upon
22
completion
of
the
canvass.
23
Sec.
9.
Section
50.12,
Code
2022,
is
amended
to
read
as
24
follows:
25
50.12
Return
and
preservation
of
ballots.
26
Immediately
after
making
the
proclamation,
and
before
27
separating,
the
board
members
of
each
precinct
in
which
votes
28
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
29
or
other
container
all
ballots
which
have
been
counted
by
them,
30
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
31
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
32
of
all
board
members
of
the
precinct
shall
be
placed
across
33
the
seal
or
the
opening
of
the
container
so
that
it
cannot
34
be
opened
without
breaking
the
seal.
The
precinct
election
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officials
shall
return
all
the
ballots
to
the
commissioner,
1
who
shall
carefully
preserve
them
for
six
months.
Ballots
2
from
elections
for
federal
offices
shall
be
preserved
for
3
twenty-two
months.
The
sealed
packages
containing
voted
4
ballots
shall
be
opened
only
for
an
official
recount
authorized
5
by
section
50.48
,
or
50.49
,
or
50.50
,
for
an
election
contest
6
held
pursuant
to
chapters
57
through
62
,
to
conduct
an
audit
7
pursuant
to
section
50.50
or
50.51
,
or
to
destroy
the
ballots
8
pursuant
to
section
50.19
.
9
Sec.
10.
Section
50.15A,
Code
2022,
is
amended
to
read
as
10
follows:
11
50.15A
Unofficial
results
of
voting
——
general
election
only
.
12
1.
In
order
to
provide
the
public
with
an
early
source
13
of
election
results
before
the
official
canvass
of
votes,
14
the
state
commissioner
of
elections,
in
cooperation
with
the
15
commissioners
of
elections,
shall
conduct
an
unofficial
canvass
16
of
election
results
following
the
closing
of
the
polls
on
17
the
day
of
a
regular
city
election,
regular
school
election,
18
primary
election,
and
general
election.
The
unofficial
19
canvass
shall
report
election
results
for
national
offices,
20
statewide
offices,
the
office
of
state
representative,
the
21
office
of
state
senator,
and
other
offices
or
public
measures
22
at
the
discretion
of
the
state
commissioner
of
elections.
23
The
unofficial
canvass
shall
also
report
the
total
number
of
24
ballots
cast
at
the
general
election.
25
2.
a.
After
the
polls
close
on
election
day,
the
26
commissioner
of
elections
shall
periodically
provide
election
27
results
to
the
state
commissioner
of
elections
as
the
precincts
28
in
the
county
report
election
results
to
the
commissioner
29
pursuant
to
section
50.11
.
If
the
commissioner
determines
30
that
all
precincts
will
not
report
election
results
before
31
the
office
is
closed,
the
commissioner
shall
report
the
most
32
complete
results
available
prior
to
leaving
the
office
at
the
33
time
the
office
is
closed
as
provided
in
section
50.11
.
The
34
commissioner
shall
specify
the
number
of
precincts
included
in
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the
report
to
the
state
commissioner
of
elections
and
provide
1
an
explanation
in
writing
as
to
why
all
precincts
will
not
be
2
reported
.
3
b.
The
state
commissioner
of
elections
shall
tabulate
4
unofficial
election
results
as
the
results
are
received
from
5
the
commissioners
of
elections
and
shall
periodically
make
the
6
reports
of
the
results
available
to
the
public.
7
3.
Before
the
day
of
the
general
election,
the
state
8
commissioner
of
elections
shall
provide
a
form
and
instructions
9
for
reporting
unofficial
election
results
pursuant
to
this
10
section
.
11
Sec.
11.
Section
50.24,
subsections
1
and
4,
Code
2022,
are
12
amended
to
read
as
follows:
13
1.
The
county
board
of
supervisors
shall
meet
to
canvass
14
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
15
each
election
to
which
this
chapter
is
applicable,
unless
16
the
law
authorizing
the
election
specifies
another
date
for
17
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
18
section
4.1,
subsection
34
,
controls.
19
4.
For
a
regular
or
special
city
election
or
a
city
runoff
20
election,
if
the
city
is
located
in
more
than
one
county,
the
21
controlling
commissioner
for
that
city
under
section
47.2
shall
22
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
23
the
day
of
the
election.
However,
if
a
recount
is
requested
24
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
25
conduct
the
second
canvass
within
two
business
days
after
the
26
conclusion
of
the
recount
proceedings.
Each
commissioner
27
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
28
shall
transmit
abstracts
for
the
offices
and
public
measures
of
29
that
city
to
the
controlling
commissioner
for
that
city,
along
30
with
individual
tallies
for
each
write-in
candidate.
At
the
31
second
canvass,
the
county
board
of
supervisors
of
the
county
32
of
the
controlling
commissioner
shall
canvass
the
abstracts
33
received
pursuant
to
this
subsection
and
shall
prepare
a
34
combined
city
abstract
stating
the
number
of
votes
cast
in
the
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city
for
each
office
and
on
each
question
on
the
ballot
for
1
the
city
election.
The
combined
city
abstract
shall
further
2
indicate
the
name
of
each
person
who
received
votes
for
each
3
office
on
the
ballot,
the
number
of
votes
each
person
named
4
received
for
that
office,
and
the
number
of
votes
for
and
5
against
each
question
submitted
to
the
voters
at
the
election.
6
The
votes
of
all
write-in
candidates
who
each
received
less
7
than
five
percent
of
the
total
votes
cast
in
the
city
for
8
an
office
shall
be
reported
collectively
under
the
heading
9
“scattering”.
10
Sec.
12.
Section
50.24,
subsection
5,
paragraph
a,
Code
11
2022,
is
amended
to
read
as
follows:
12
a.
For
a
regular
or
special
school
election,
if
the
school
13
district
is
located
in
more
than
one
county,
the
controlling
14
commissioner
for
that
school
district
under
section
47.2
shall
15
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
16
the
day
of
election.
However,
if
a
recount
is
requested
17
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
18
conduct
the
second
canvass
within
two
business
days
after
the
19
conclusion
of
the
recount
proceedings.
Each
commissioner
20
conducting
a
canvass
for
the
school
district
pursuant
to
21
subsection
1
shall
transmit
abstracts
for
the
offices
and
22
public
measures
of
that
school
district
to
the
controlling
23
commissioner
for
that
school
district,
along
with
individual
24
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
25
county
board
of
supervisors
of
the
controlling
county
shall
26
canvass
the
abstracts
received
pursuant
to
this
subsection
and
27
shall
prepare
a
combined
school
district
abstract
stating
the
28
number
of
votes
cast
in
the
school
district
for
each
office
and
29
on
each
question
on
the
ballot
for
the
school
election.
The
30
combined
school
district
abstract
shall
further
indicate
the
31
name
of
each
person
who
received
votes
for
each
office
on
the
32
ballot,
the
number
of
votes
each
person
named
received
for
that
33
office,
and
the
number
of
votes
for
and
against
each
question
34
submitted
to
the
voters
at
the
election.
The
votes
of
all
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write-in
candidates
who
each
received
less
than
five
percent
of
1
the
total
votes
cast
in
the
school
district
for
an
office
shall
2
be
reported
collectively
under
the
heading
“scattering”.
3
Sec.
13.
Section
50.48,
subsection
1,
paragraphs
a
and
b,
4
Code
2022,
are
amended
to
read
as
follows:
5
a.
The
county
board
of
canvassers
shall
order
a
recount
of
6
the
votes
cast
for
a
particular
office
or
nomination
in
one
7
or
more
specified
all
election
precincts
in
that
county
if
a
8
written
request
for
a
recount
is
made
not
later
than
5:00
p.m.
9
on
the
third
second
day
following
the
county
board’s
canvass
10
of
the
election
in
question.
For
a
city
runoff
election
held
11
pursuant
to
section
376.9
,
the
written
request
must
be
made
not
12
later
than
5:00
p.m.
on
the
day
following
the
county
board’s
13
canvass
of
the
city
runoff
election.
A
written
request
for
a
14
recount
shall
indicate
whether
the
recount
shall
be
conducted
15
only
using
automatic
tabulating
equipment
or
by
a
hand
recount
16
following
the
use
of
automatic
tabulating
equipment.
If
a
17
candidate
requests
a
hand
recount
in
one
county,
the
candidate
18
shall
also
request
a
hand
recount
in
each
county
at
which
the
19
candidate
requests
a
recount.
The
request
shall
be
filed
with
20
the
commissioner
of
that
county
and
shall
be
signed
by
either
21
of
the
following:
22
(1)
A
candidate
for
that
office
or
nomination
whose
name
23
was
printed
on
the
a
ballot
of
the
precinct
or
precincts
in
the
24
county
where
the
recount
is
requested.
25
(2)
Any
other
person
who
receives
votes
for
that
particular
26
office
or
nomination
in
the
precinct
or
precincts
county
where
27
the
recount
is
requested
and
who
is
legally
qualified
to
seek
28
and
to
hold
the
office
in
question.
29
b.
Immediately
upon
receipt
of
a
request
for
a
recount,
30
the
commissioner
shall
send
a
copy
of
the
request
to
the
31
apparent
winner
by
certified
mail
and
the
state
commissioner
32
by
electronic
mail
.
The
commissioner
shall
also
attempt
to
33
contact
the
apparent
winner
by
telephone.
If
the
apparent
34
winner
cannot
be
reached
within
four
three
days,
the
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chairperson
of
the
political
party
or
organization
which
1
nominated
the
apparent
winner
shall
be
contacted
and
shall
act
2
on
behalf
of
the
apparent
winner,
if
necessary.
For
candidates
3
for
state
or
federal
offices,
the
chairperson
of
the
state
4
party
shall
be
contacted.
For
candidates
for
county
offices,
5
the
county
chairperson
of
the
party
shall
be
contacted.
6
Sec.
14.
Section
50.48,
subsection
2,
Code
2022,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
c.
(1)
Upon
receipt
of
a
written
request
9
for
a
hand
recount
involving
a
state
office,
including
a
seat
10
in
the
general
assembly,
a
seat
in
the
United
States
Congress,
11
or
electors
for
president
or
vice
president,
forwarded
by
12
the
commissioner,
the
state
commissioner
shall
verify
that
13
each
request
for
a
recount
for
that
office
submitted
by
that
14
candidate
included
a
request
for
a
hand
recount.
For
each
15
request
that
did
not
include
a
request
for
a
hand
recount,
the
16
state
commissioner
shall
assess
a
civil
penalty
of
one
hundred
17
dollars
against
the
candidate.
The
civil
penalty
shall
first
18
be
deducted
from
the
bond
filed
by
the
candidate.
19
(2)
Upon
verification
that
a
candidate
for
a
state
office,
20
including
a
seat
in
the
general
assembly,
a
seat
in
the
United
21
States
Congress,
or
electors
for
president
or
vice
president,
22
submitted
a
written
request
for
hand
recount
in
at
least
one
23
but
not
all
counties,
the
state
commissioner
shall,
within
six
24
days
following
the
county
canvass
of
the
election,
inform
each
25
commissioner
at
which
a
hand
recount
was
not
requested
that
a
26
hand
recount
shall
be
performed
pursuant
to
this
section.
27
Sec.
15.
Section
50.48,
subsections
3
and
4,
Code
2022,
28
are
amended
by
striking
the
subsections
and
inserting
in
lieu
29
thereof
the
following:
30
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
31
consist
of
one
of
the
following:
32
(1)
For
a
county
with
a
population
of
fewer
than
fifteen
33
thousand
people
according
to
the
most
recent
federal
decennial
34
census:
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(a)
A
designee
of
the
candidate
requesting
the
recount,
1
who
shall
be
named
in
the
written
request
when
the
request
is
2
filed.
3
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
4
be
named
by
the
candidate
at
or
before
the
time
the
board
is
5
required
to
convene.
6
(c)
A
member
who
is
a
precinct
election
official
selected
by
7
the
chief
judge
of
the
judicial
district
in
which
the
canvass
8
occurs
at
or
before
the
time
the
board
is
required
to
convene.
9
(2)
For
a
county
with
a
population
of
at
least
fifteen
10
thousand
but
fewer
than
fifty
thousand
people
according
to
the
11
most
recent
federal
decennial
census:
12
(a)
A
designee
of
the
candidate
requesting
the
recount,
13
who
shall
be
named
in
the
written
request
when
the
request
is
14
filed.
15
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
16
be
named
by
the
candidate
at
or
before
the
time
the
board
is
17
required
to
convene.
18
(c)
Three
members
who
are
precinct
election
officials
19
selected
by
the
chief
judge
of
the
judicial
district
in
which
20
the
canvass
occurs
at
or
before
the
time
the
board
is
required
21
to
convene.
22
(3)
For
a
county
with
a
population
of
fifty
thousand
people
23
or
greater:
24
(a)
Two
designees
of
the
candidate
requesting
the
recount,
25
who
shall
be
named
in
the
written
request
when
the
request
is
26
filed.
27
(b)
Two
designees
of
the
apparent
winning
candidate,
who
28
shall
be
named
by
the
candidate
at
or
before
the
time
the
board
29
is
required
to
convene.
30
(c)
Three
members
who
are
precinct
election
officials
31
selected
by
the
chief
judge
of
the
judicial
district
in
which
32
the
canvass
occurs
at
or
before
the
time
the
board
is
required
33
to
convene.
34
b.
Members
appointed
to
the
recount
board
by
the
chief
judge
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shall
be
selected
consistent
with
section
49.13,
subsection
2,
1
for
partisan
offices
and
section
49.12
for
nonpartisan
offices.
2
c.
The
commissioner
shall
convene
the
persons
designated
3
under
paragraph
“a”
not
later
than
9:00
a.m.
on
the
sixth
4
day
following
the
county
board’s
canvass
of
the
election
in
5
question.
6
4.
When
all
members
of
the
recount
board
have
been
selected,
7
the
board
shall
undertake
and
complete
the
required
recount
as
8
expeditiously
as
reasonably
possible
in
the
following
manner:
9
a.
The
commissioner
shall
inform
the
board
whether
the
10
candidate
has
requested
a
hand
recount.
The
commissioner
11
or
the
commissioner’s
designee
shall
supervise
the
handling
12
of
ballots
to
ensure
that
the
ballots
are
protected
from
13
alteration
or
damage.
14
b.
The
board
shall
direct
the
commissioner
to
retabulate
15
the
ballots
using
the
automatic
tabulating
equipment.
The
same
16
program
used
for
tabulating
the
votes
on
election
day
shall
be
17
used
at
the
recount
unless
the
program
is
believed
or
known
to
18
be
flawed.
19
c.
The
board
shall
recount
only
the
ballots
which
were
voted
20
and
counted
for
the
office
in
question,
including
any
disputed
21
ballots
returned
as
required
in
section
50.5.
22
d.
After
retabulating
the
ballots
as
provided
in
paragraph
23
“b”
,
the
board
shall
compare
the
printed
results
of
the
24
tabulation
equipment
to
the
abstract
prepared
pursuant
to
the
25
county
board’s
canvass.
The
board
shall
note
any
discrepancies
26
between
the
two
results.
27
e.
If
the
candidate’s
written
request
included
a
request
28
for
a
hand
recount,
the
board
shall
separate
the
ballots
into
29
piles:
one
for
each
candidate,
one
for
write-in
votes,
and
30
one
for
ballots
considered
an
over
or
under
count.
The
board
31
shall
review
and
tabulate
the
ballots
in
each
pile
as
provided
32
in
section
49.98.
The
board
shall
compare
the
hand
recount
33
results
to
the
printed
results
of
the
tabulation
equipment
and
34
the
abstract.
If
there
are
discrepancies
between
the
three
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results,
then
the
results
of
the
hand
recount
shall
control.
1
f.
The
ballots
shall
be
resealed
by
the
recount
board
before
2
adjournment
and
shall
be
preserved
as
required
by
section
3
50.12.
4
Sec.
16.
Section
50.48,
subsection
5,
Code
2022,
is
amended
5
to
read
as
follows:
6
5.
a.
At
the
conclusion
of
the
recount,
the
recount
board
7
shall
make
and
file
with
the
commissioner
a
written
report
of
8
its
findings
signed
by
a
majority
of
the
recount
board.
The
9
commissioner
or
commissioner’s
designee
may
assist
in
compiling
10
the
written
report.
The
written
report
shall
include
a
full
11
tally
and
accounting
of
ballots
reviewed
by
the
recount
board
12
and
shall
be
reported
as
required
by
sections
50.24
and
53.20.
13
The
written
report
must
allow
the
commissioner
to
correct
the
14
canvass
of
voters
in
the
manner
required
by
law,
if
applicable.
15
b.
If
the
recount
board’s
report
is
that
the
abstracts
16
prepared
pursuant
to
the
county
board’s
canvass
were
incorrect
17
as
to
the
number
of
votes
cast
for
the
candidates
for
the
18
office
or
nomination
in
question,
in
that
county
or
district,
19
the
commissioner
shall
at
once
so
notify
the
county
board.
The
20
county
board
shall
reconvene
within
three
days
after
being
so
21
notified
,
but
no
later
than
noon
on
the
twenty-seventh
day
22
following
the
election
in
question
for
a
recount
of
the
offices
23
of
president
and
vice
president
,
and
shall
correct
its
previous
24
proceedings.
25
c.
The
recount
board
shall
complete
the
recount
and
file
its
26
report
as
follows:
27
(1)
For
the
offices
of
president
and
vice
president,
not
28
later
than
the
seventeenth
day
following
the
county
board’s
29
canvass
of
the
election
in
question.
30
(2)
For
a
state
office,
including
a
seat
in
the
general
31
assembly,
or
a
seat
in
the
United
States
Congress,
not
later
32
than
the
twenty-first
day
following
the
county
board’s
canvass
33
of
the
election
in
question.
34
(3)
For
any
other
office,
not
later
than
the
thirteenth
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day
following
the
county
board’s
canvass
of
the
election
in
1
question.
2
Sec.
17.
Section
50.49,
subsection
1,
Code
2022,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
1.
a.
A
recount
for
any
public
measure
shall
be
ordered
6
by
the
board
of
canvassers
if
a
petition
requesting
a
recount
7
is
filed
with
the
county
commissioner
of
a
county
at
which
8
the
question
appeared
on
the
ballot
not
later
than
two
days
9
after
the
completion
of
the
canvass
of
voters
for
the
election.
10
The
petition
for
a
recount
shall
indicate
whether
the
recount
11
shall
be
conducted
only
using
automatic
tabulating
equipment
12
or
by
a
hand
recount
following
the
use
of
automatic
tabulating
13
equipment.
If
a
petition
requests
a
hand
recount
in
one
14
county,
the
petition
shall
also
request
a
hand
recount
in
each
15
county
in
which
the
petition
is
filed.
A
petition
must
be
16
filed
by
the
person
submitting
the
petition
in
each
county
17
in
which
the
public
measure
appeared
on
the
ballot.
If
the
18
petition
is
not
filed
by
the
person
submitting
the
petition
in
19
each
county
in
which
the
public
measure
appeared
on
the
ballot,
20
a
recount
shall
not
be
conducted.
21
b.
The
petition
must
be
signed
by
the
greater
of
ten
22
eligible
electors
or
a
number
of
eligible
electors
equaling
23
one
percent
of
the
total
number
of
votes
cast
upon
the
public
24
measure
in
the
county.
Each
person
signing
the
petition
must
25
be
a
person
who
was
entitled
to
vote
on
the
public
measure
in
26
question
or
would
have
been
so
entitled
if
registered
to
vote.
27
c.
Immediately
upon
receipt
of
a
petition
for
a
recount,
28
the
commissioner
shall
send
a
copy
of
the
petition
to
the
29
state
commissioner
by
electronic
mail.
The
state
commissioner
30
shall
confirm
that
a
petition
was
filed
in
every
county
the
31
public
measure
appeared
on
the
ballot
prior
to
the
convening
of
32
the
recount
board.
The
state
commissioner
shall
also
verify
33
whether
each
petition
for
a
recount
included
a
request
for
34
a
hand
recount.
If
the
state
commissioner
verifies
that
a
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petition
included
a
request
for
a
hand
recount
in
at
least
one
1
but
not
all
counties,
the
state
commissioner
shall,
prior
to
2
convening
of
the
recount
board,
inform
each
commissioner
at
3
which
a
hand
recount
was
not
requested
that
a
hand
recount
4
shall
be
performed.
5
Sec.
18.
Section
50.49,
subsection
2,
paragraph
b,
Code
6
2022,
is
amended
by
striking
the
paragraph
and
inserting
in
7
lieu
thereof
the
following:
8
b.
Two
members
who
are
precinct
election
officials
selected
9
by
the
chief
judge
of
the
judicial
district
in
which
the
10
canvass
occurs
at
or
before
the
time
the
board
is
required
to
11
convene.
The
members
shall
be
selected
consistent
with
section
12
49.12.
13
Sec.
19.
Section
50.49,
subsection
2,
paragraph
c,
Code
14
2022,
is
amended
by
striking
the
paragraph.
15
Sec.
20.
Section
50.49,
subsection
3,
Code
2022,
is
amended
16
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
17
following:
18
3.
The
commissioner
shall
convene
the
recount
board
not
19
later
than
9:00
a.m.
on
the
sixth
day
following
the
county
20
board’s
canvass
of
the
election
in
question.
21
Sec.
21.
Section
50.50,
Code
2022,
is
amended
to
read
as
22
follows:
23
50.50
Administrative
recounts
audits
.
24
1.
The
commissioner
who
was
responsible
for
conducting
an
25
election
may
request
an
administrative
recount
audit
when
the
26
commissioner
is
informed
or
suspects
that
voting
equipment
used
27
in
the
election
malfunctioned
or
that
programming
errors
may
28
have
affected
the
outcome
of
the
election,
or
if
the
precinct
29
election
officials
report
counting
errors
to
the
commissioner
30
after
the
conclusion
of
the
canvass
of
votes
in
the
precinct.
31
An
administrative
recount
audit
shall
be
conducted
by
the
board
32
of
the
special
precinct
established
by
section
53.23
.
Bond
33
shall
not
be
required
for
an
administrative
recount.
The
34
state
commissioner
may
adopt
rules
for
administrative
recounts
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audits
.
1
2.
If
the
recount
board
finds
that
there
is
an
error
2
in
the
programming
of
any
voting
equipment
which
may
have
3
affected
the
outcome
of
the
election
for
any
office
or
public
4
measure
on
the
ballot,
the
recount
board
shall
describe
the
5
errors
in
its
report
to
the
commissioner.
The
commissioner
6
shall
notify
the
board
of
supervisors.
The
supervisors
shall
7
determine
whether
to
order
an
administrative
recount
for
any
8
or
all
of
the
offices
and
public
measures
on
the
ballot.
Each
9
political
party,
as
defined
in
section
43.2
may
appoint
up
10
to
five
observers
to
witness
an
audit
conducted
pursuant
to
11
this
section.
The
observers
shall
be
appointed
by
the
county
12
chairperson
or,
if
the
county
chairperson
fails
to
make
an
13
appointment,
by
the
state
chairperson.
However,
if
either
or
14
both
political
parties
fail
to
appoint
an
observer,
the
board
15
may
continue
with
the
proceedings.
16
Sec.
22.
Section
50.51,
subsection
3,
paragraph
a,
Code
17
2022,
is
amended
by
striking
the
paragraph.
18
Sec.
23.
NEW
SECTION
.
53.1B
Definitions.
19
For
purposes
of
this
subchapter,
unless
the
context
20
otherwise
requires:
21
1.
“Affidavit
envelope”
means
an
envelope
that
includes
22
a
serial
number
and
bears
on
the
back
an
affidavit
for
a
23
registered
voter
to
mark
the
registered
voter’s
signature
and
24
voter
verification
number
in
a
form
prescribed
by
the
state
25
commissioner.
26
2.
“Delivery
envelope”
means
an
envelope
that
bears
on
its
27
face
the
name
and
address
of
the
registered
voter
requesting
an
28
absentee
ballot,
the
words
“county
commissioner
of
elections”,
29
the
address
of
the
commissioner’s
office,
and
the
same
serial
30
number
that
appears
on
the
affidavit
envelope
and
return
31
envelope.
32
3.
“Return
envelope”
means
an
envelope
that
is
addressed
33
to
the
commissioner’s
office,
bears
appropriate
return
postage
34
or
a
postal
permit
guaranteeing
that
the
commissioner
will
pay
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the
return
postage,
and
includes
the
same
serial
number
as
the
1
affidavit
envelope
and
delivery
envelope.
2
4.
“Secrecy
envelope”
means
an
envelope,
folder,
or
sleeve
3
that
hides
all
voting
ovals
on
a
ballot
when
folded.
4
Sec.
24.
Section
53.8,
subsection
1,
Code
2022,
is
amended
5
to
read
as
follows:
6
1.
a.
Upon
receipt
of
an
application
for
an
absentee
ballot
7
and
immediately
after
the
absentee
ballots
are
printed,
but
not
8
more
than
twenty
days
before
the
election,
the
commissioner
9
shall
mail
an
absentee
ballot
to
the
applicant
within
10
twenty-four
hours,
except
as
otherwise
provided
in
subsection
11
3
.
The
absentee
ballot
shall
be
sent
to
the
registered
voter
12
by
one
of
the
following
methods:
enclosed
in
an
unsealed
13
affidavit
envelope.
The
absentee
ballot
and
affidavit
envelope
14
shall
be
enclosed
in
or
with
an
unsealed
return
envelope.
The
15
absentee
ballot,
affidavit
envelope,
and
return
envelope
shall
16
be
enclosed
in
the
delivery
envelope.
If
the
ballot
cannot
17
be
folded
so
that
all
the
voting
ovals
on
the
ballot
will
be
18
hidden,
the
commissioner
shall
also
enclose
a
secrecy
envelope
19
with
the
absentee
ballot.
20
(1)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
21
envelope
marked
with
a
serial
number
and
affidavit.
The
22
absentee
ballot
and
affidavit
envelope
shall
be
enclosed
in
23
or
with
an
unsealed
return
envelope
marked
postage
paid
which
24
bears
the
same
serial
number
as
the
affidavit
envelope.
The
25
absentee
ballot,
affidavit
envelope,
and
return
envelope
shall
26
be
enclosed
in
a
third
envelope
to
be
sent
to
the
registered
27
voter.
If
the
ballot
cannot
be
folded
so
that
all
of
the
votes
28
cast
on
the
ballot
will
be
hidden,
the
commissioner
shall
also
29
enclose
a
secrecy
envelope
with
the
absentee
ballot.
30
(2)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
31
return
envelope
marked
with
a
serial
number
and
affidavit
32
and
marked
postage
paid.
The
absentee
ballot
and
return
33
envelope
shall
be
enclosed
in
a
second
envelope
to
be
sent
34
to
the
registered
voter.
If
the
ballot
cannot
be
folded
so
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that
all
of
the
votes
cast
on
the
ballot
will
be
hidden,
the
1
commissioner
shall
also
enclose
a
secrecy
envelope
with
the
2
absentee
ballot.
3
b.
The
affidavit
shall
be
marked
on
the
appropriate
envelope
4
in
a
form
prescribed
by
the
state
commissioner
of
elections
5
registered
voter
requesting
and
receiving
an
absentee
ballot
6
shall
subscribe
to
the
affidavit
by
signing
and
marking
the
7
registered
voter’s
voter
verification
number
on
the
affidavit
8
envelope
.
9
c.
All
domestic
return
envelope
flaps
or
backs
shall
also
10
be
printed
or
stamped
with
a
notice
of
the
deadline
to
return
a
11
completed
absentee
ballot
and
the
manner
to
track
the
status
of
12
the
ballot
in
a
form
prescribed
by
the
state
commissioner.
13
c.
d.
For
envelopes
mailed
at
any
election
other
than
the
14
primary
election,
the
commissioner
shall
not
mark
any
envelope
15
with
any
information
related
to
the
party
affiliation
of
the
16
applicant.
17
Sec.
25.
Section
53.10,
subsection
2,
paragraph
a,
Code
18
2022,
is
amended
to
read
as
follows:
19
a.
Each
person
who
wishes
to
vote
by
absentee
ballot
at
20
the
commissioner’s
office
shall
first
sign
an
application
for
21
a
ballot
including
the
following
information:
name,
current
22
address,
voter
verification
number,
and
the
election
for
which
23
the
ballot
is
requested.
The
person
may
report
a
change
of
24
address
or
other
information
on
the
person’s
voter
registration
25
record
at
that
time.
Prior
to
furnishing
a
ballot,
the
26
commissioner
shall
verify
the
person’s
identity
as
provided
27
in
section
49.78
.
The
registered
voter
shall
immediately
28
mark
the
ballot;
enclose
the
ballot
in
a
secrecy
envelope,
29
if
necessary,
and
seal
it
the
ballot
in
the
envelope
marked
30
with
the
affidavit
envelope
;
subscribe
to
the
affidavit
on
31
the
reverse
side
of
the
envelope
by
signing
and
marking
the
32
registered
voter’s
voter
verification
number
;
and
return
the
33
sealed
affidavit
envelope
containing
the
absentee
ballot
to
34
the
commissioner.
The
commissioner
shall
record
the
numbers
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appearing
on
the
application
and
affidavit
envelope
along
with
1
the
name
of
the
registered
voter.
2
Sec.
26.
Section
53.12,
Code
2022,
is
amended
by
striking
3
the
section
and
inserting
in
lieu
thereof
the
following:
4
53.12
Duty
of
commissioner.
5
The
commissioner
shall
affix
to
the
application
the
same
6
serial
number
that
appears
on
the
affidavit
envelope,
return
7
envelope,
and
delivery
envelope.
8
Sec.
27.
Section
53.16,
Code
2022,
is
amended
by
striking
9
the
section
and
inserting
in
lieu
thereof
the
following:
10
53.16
Subscribing
to
affidavit.
11
After
marking
the
ballot,
the
voter
shall
enclose
the
ballot
12
in
a
secrecy
envelope,
if
necessary,
and
seal
the
ballot
in
13
the
affidavit
envelope;
subscribe
to
the
affidavit
by
signing
14
and
marking
the
registered
voter’s
voter
verification
number;
15
place
the
sealed
affidavit
envelope
in
the
return
envelope;
and
16
securely
seal
the
return
envelope.
17
Sec.
28.
Section
53.17,
subsection
1,
unnumbered
paragraph
18
1,
Code
2022,
is
amended
to
read
as
follows:
19
If
the
commissioner
mailed
the
ballot
pursuant
to
section
20
53.8,
subsection
1
,
paragraph
“a”
,
subparagraph
(1),
the
sealed
21
envelope
bearing
the
voter’s
affidavit
and
containing
the
22
absentee
ballot
shall
be
enclosed
in
a
return
envelope
which
23
shall
be
securely
sealed.
If
the
commissioner
mailed
the
24
ballot
pursuant
to
section
53.8,
subsection
1
,
paragraph
“a”
,
25
subparagraph
(2),
the
absentee
ballot
shall
be
enclosed
in
the
26
return
envelope
which
shall
be
securely
sealed.
The
sealed
27
return
envelope
shall
be
returned
to
the
commissioner
by
one
of
28
the
following
methods:
29
Sec.
29.
Section
53.18,
subsections
2
and
3,
Code
2022,
are
30
amended
to
read
as
follows:
31
2.
If
the
commissioner
receives
the
return
envelope
32
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
33
Saturday
before
the
election
for
general
elections
and
by
5:00
34
p.m.
on
the
Friday
before
the
election
for
all
other
elections,
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the
commissioner
shall
review
the
affidavit
marked
on
the
1
return
envelope,
if
applicable,
for
completeness
or
shall
open
2
the
return
envelope
to
review
the
affidavit
for
completeness
3
open
the
return
envelope,
if
applicable,
and
review
the
4
affidavit
marked
on
the
affidavit
envelope
for
completeness
.
5
If
the
affidavit
lacks
the
signature
or
voter
verification
6
number
of
the
registered
voter,
the
commissioner
shall,
within
7
twenty-four
hours
of
the
receipt
of
the
envelope,
notify
the
8
voter
of
the
deficiency
and
inform
the
voter
that
the
voter
may
9
vote
a
replacement
ballot
as
provided
in
subsection
3
,
cast
a
10
ballot
as
provided
in
section
53.19,
subsection
3
,
or
complete
11
the
affidavit
in
person
at
the
office
of
the
commissioner
not
12
later
than
the
time
polls
close
on
election
day.
13
3.
If
the
affidavit
envelope
or
the
return
envelope
marked
14
with
the
affidavit
contains
a
defect
that
would
cause
the
15
absentee
ballot
to
be
rejected
by
the
absentee
and
special
16
voters
precinct
board,
the
commissioner
shall
immediately
17
notify
the
voter
of
that
fact
and
that
the
voter’s
absentee
18
ballot
shall
not
be
counted
unless
the
voter
requests
and
19
returns
a
replacement
ballot
in
the
time
permitted
under
20
section
53.17,
subsection
2
.
For
the
purposes
of
this
section
,
21
a
return
an
affidavit
envelope
marked
with
the
affidavit
22
shall
be
considered
to
contain
a
defect
if
it
appears
to
23
the
commissioner
that
the
signature
on
the
envelope
has
been
24
signed
by
someone
other
than
the
registered
voter,
in
comparing
25
the
signature
on
the
envelope
to
the
signature
on
record
of
26
the
registered
voter
named
on
the
envelope.
A
signature
or
27
marking
made
in
accordance
with
section
39.3,
subsection
28
17
,
shall
not
be
considered
a
defect
for
purposes
of
this
29
section
the
voter
verification
number
provided
does
not
match
30
the
voter
verification
number
associated
with
the
voter’s
31
voter
registration
.
The
voter
may
request
a
replacement
32
ballot
in
person,
in
writing,
or
over
the
telephone.
The
33
same
serial
number
that
was
assigned
to
the
records
of
the
34
original
absentee
ballot
application
shall
be
used
on
the
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envelope
envelopes
and
records
of
the
replacement
ballot.
The
1
affidavit
envelope
marked
with
the
affidavit
and
containing
2
the
completed
replacement
ballot
shall
be
marked
“Replacement
3
ballot”.
The
affidavit
envelope
marked
with
the
affidavit
and
4
containing
the
original
ballot
shall
be
marked
“Defective”
and
5
the
“Defective”.
The
replacement
ballot
shall
be
attached
to
6
such
the
affidavit
envelope
containing
the
original
ballot
and
7
shall
be
stored
in
a
secure
place
until
they
are
delivered
to
8
the
absentee
and
special
voters
precinct
board,
notwithstanding
9
sections
53.26
and
53.27
.
10
Sec.
30.
Section
53.20,
subsection
2,
paragraph
b,
Code
11
2022,
is
amended
to
read
as
follows:
12
b.
For
the
primary
election,
general
election
election,
13
and
for
any
election
in
which
the
commissioner
determines
in
14
advance
of
the
election
to
report
the
results
of
the
special
15
precinct
by
the
resident
precincts
of
the
voters
who
cast
16
absentee
and
provisional
ballots,
the
commissioner
shall
17
prepare
a
separate
absentee
ballot
style
for
each
precinct
18
in
the
county
and
shall
program
the
voting
system
to
produce
19
reports
by
the
resident
precincts
of
the
voters.
20
Sec.
31.
Section
53.21,
subsection
2,
paragraph
b,
Code
21
2022,
is
amended
to
read
as
follows:
22
b.
The
voter
shall
enclose
one
copy
of
the
above
statement
23
in
the
return
envelope
along
with
the
affidavit
envelope,
if
24
the
voter
was
mailed
a
separate
affidavit
envelope,
and
shall
25
retain
a
copy
for
the
voter’s
records.
26
Sec.
32.
Section
53.23,
subsection
3,
paragraph
b,
27
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
28
(1)
The
commissioner
may
direct
the
board
to
meet
on
the
day
29
before
the
election
for
the
purpose
of
reviewing
the
absentee
30
voters’
affidavits
appearing
on
the
sealed
envelopes.
If
in
31
the
commissioner’s
judgment
this
procedure
is
necessary
due
32
to
the
number
of
absentee
ballots
received,
the
members
of
33
the
board
may
open
the
sealed
affidavit
envelopes
and
remove
34
the
secrecy
envelope
containing
the
ballot,
but
under
no
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circumstances
shall
a
secrecy
envelope
or
a
return
an
affidavit
1
envelope
marked
with
an
affidavit
be
opened
before
the
board
2
convenes
on
election
day,
except
as
provided
in
paragraph
3
“c”
.
If
the
affidavit
envelopes
are
opened
before
election
4
day
pursuant
to
this
paragraph
“b”
,
the
observers
appointed
5
by
each
political
party,
as
defined
in
section
43.2
,
shall
6
witness
the
proceedings.
Each
political
party
may
appoint
up
7
to
five
observers
under
this
paragraph
“b”
.
The
observers
8
shall
be
appointed
by
the
county
chairperson
or,
if
the
9
county
chairperson
fails
to
make
an
appointment,
by
the
state
10
chairperson.
However,
if
either
or
both
political
parties
fail
11
to
appoint
an
observer,
the
commissioner
may
continue
with
the
12
proceedings.
13
Sec.
33.
Section
53.23,
subsection
5,
Code
2022,
is
amended
14
to
read
as
follows:
15
5.
The
special
precinct
election
board
shall
preserve
the
16
secrecy
of
all
absentee
and
provisional
ballots.
After
the
17
affidavits
on
the
affidavit
envelopes
have
been
reviewed
and
18
the
qualifications
of
the
persons
casting
the
ballots
have
been
19
determined,
those
that
have
been
accepted
for
counting
shall
20
be
opened.
The
ballots
shall
be
removed
from
the
affidavit
21
envelopes
or
return
envelopes
marked
with
the
affidavit,
as
22
applicable,
without
being
unfolded
or
examined,
and
then
shall
23
be
thoroughly
intermingled,
after
which
they
shall
be
unfolded
24
and
tabulated.
If
secrecy
folders
or
envelopes
are
used
with
25
provisional
paper
ballots,
the
ballots
shall
be
removed
from
26
the
secrecy
folders
envelopes
after
the
ballots
have
been
27
intermingled.
28
Sec.
34.
Section
53.25,
subsection
1,
paragraph
a,
Code
29
2022,
is
amended
to
read
as
follows:
30
a.
If
the
absentee
voter’s
affidavit
lacks
the
voter’s
31
signature
or
voter
verification
number
,
if
the
applicant
is
32
not
a
duly
registered
voter
on
election
day
in
the
precinct
33
where
the
absentee
ballot
was
cast,
if
the
affidavit
envelope
34
marked
with
the
affidavit
contains
more
than
one
ballot
of
any
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one
kind,
or
if
the
voter
has
voted
in
person,
such
vote
shall
1
be
rejected
by
the
absentee
and
special
voters
precinct
board.
2
If
the
affidavit
envelope
or
return
envelope
marked
with
the
3
affidavit
is
open,
or
has
been
opened
and
resealed,
or
if
the
4
ballot
is
not
enclosed
in
such
the
affidavit
envelope,
and
an
5
affidavit
envelope
or
return
envelope
marked
with
the
affidavit
6
with
the
same
serial
number
and
marked
“Replacement
ballot”
is
7
not
attached
as
provided
in
section
53.18
,
the
ballot
shall
be
8
rejected
by
the
absentee
and
special
voters
precinct
board.
9
Sec.
35.
Section
53.25,
subsection
2,
Code
2022,
is
amended
10
to
read
as
follows:
11
2.
If
the
absentee
or
provisional
ballot
is
rejected
prior
12
to
the
opening
of
the
affidavit
envelope
or
return
envelope
13
marked
with
the
affidavit
,
the
voter
casting
the
ballot
shall
14
be
notified
by
a
precinct
election
official
by
the
time
the
15
canvass
is
completed
of
the
reason
for
the
rejection
on
a
form
16
prescribed
by
the
state
commissioner
of
elections.
17
Sec.
36.
Section
53.30,
subsection
2,
Code
2022,
is
amended
18
to
read
as
follows:
19
2.
At
the
conclusion
of
each
meeting
of
the
absentee
and
20
special
voters
precinct
board,
the
board
shall
securely
seal
21
all
ballots
counted
by
them
in
the
manner
prescribed
in
section
22
50.12
.
The
ballot
envelopes,
including
the
affidavit
envelope
23
if
an
affidavit
envelope
was
provided
,
the
return
envelope,
and
24
secrecy
envelope
bearing
the
signatures
of
precinct
election
25
officials,
as
required
by
section
53.23
,
shall
be
preserved.
26
All
applications
for
absentee
ballots,
ballots
rejected
without
27
being
opened,
absentee
ballot
logs,
and
any
other
documents
28
pertaining
to
the
absentee
ballot
process
shall
be
preserved
29
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
30
section
50.19
.
31
Sec.
37.
Section
53.32,
Code
2022,
is
amended
to
read
as
32
follows:
33
53.32
Ballot
of
deceased
voter.
34
When
it
shall
be
made
to
appear
by
due
proof
to
the
precinct
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election
officials
that
any
elector,
who
has
so
marked
and
1
forwarded
a
ballot,
has
died
before
the
envelope
marked
with
2
the
affidavit
affidavit
envelope
is
opened,
then
the
ballot
of
3
such
deceased
voter
shall
be
endorsed,
“Rejected
because
voter
4
is
dead”,
and
be
returned
to
the
commissioner.
The
casting
5
of
the
ballot
of
a
deceased
voter
shall
not
invalidate
the
6
election.
7
Sec.
38.
Section
58.4,
subsections
1
and
2,
Code
2022,
are
8
amended
to
read
as
follows:
9
1.
The
names
of
members
of
each
house,
except
the
presiding
10
officer
and
the
majority
and
minority
leaders
,
written
on
11
similar
paper
tickets,
shall
be
placed
in
a
box,
the
names
of
12
the
senators
in
their
presence
by
their
secretary,
and
the
13
names
of
the
representatives
in
their
presence
by
their
clerk.
14
2.
The
secretary
of
the
senate
in
the
presence
of
the
15
senate,
and
the
clerk
of
the
house
of
representatives
in
16
the
presence
of
the
house,
shall
draw
from
their
respective
17
boxes
the
names
of
seven
five
members
each.
The
majority
and
18
minority
leaders
of
each
house
shall
also
serve
on
the
contest
19
court.
20
Sec.
39.
Section
60.2,
Code
2022,
is
amended
to
read
as
21
follows:
22
60.2
Clerk.
23
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
24
the
clerk
of
the
court,
or,
in
the
secretary
of
state’s
clerk
25
of
the
supreme
court’s
absence
or
inability
to
act,
the
clerk
26
of
the
supreme
court
secretary
of
state
.
27
Sec.
40.
Section
61.2,
Code
2022,
is
amended
to
read
as
28
follows:
29
61.2
Clerk.
30
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
31
the
clerk
of
this
court
;
but
if
the
person
holding
that
office
32
is
a
party
to
the
contest,
the
clerk
of
the
supreme
court,
or,
33
in
case
of
that
person’s
absence
or
inability,
the
auditor
of
34
state
shall
be
clerk
,
or,
in
the
clerk
of
the
supreme
court’s
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absence
or
inability
to
act,
the
secretary
of
state.
If
the
1
person
holding
the
office
of
secretary
of
state
is
a
party
to
2
the
contest,
the
auditor
of
state
shall
be
clerk
.
3
Sec.
41.
Section
68.9,
subsection
1,
Code
2022,
is
amended
4
to
read
as
follows:
5
1.
When
an
impeachment
is
presented,
the
senate
shall,
after
6
the
hour
of
final
adjournment
of
the
legislature
as
soon
as
7
practicable
,
be
forthwith
organized
as
a
court
of
impeachment
8
for
the
trial
thereof,
at
the
capitol.
9
Sec.
42.
Section
69.14,
Code
2022,
is
amended
to
read
as
10
follows:
11
69.14
Special
election
to
fill
vacancies.
12
1.
A
special
election
to
fill
a
vacancy
shall
be
held
for
a
13
representative
in
Congress,
when
Congress
is
in
session
or
will
14
convene
prior
to
the
next
general
election,
or
for
a
senator
or
15
representative
in
the
general
assembly,
when
the
body
in
which
16
such
vacancy
exists
is
in
session,
or
the
general
assembly
will
17
convene
prior
to
the
next
general
election,
and
the
governor
18
shall
order,
not
later
than
five
days
from
the
date
the
vacancy
19
exists,
a
special
election,
giving
not
less
than
forty
days’
20
notice
of
such
election.
21
2.
In
the
event
the
special
election
is
to
fill
a
vacancy
22
in
the
general
assembly
while
it
is
in
session
or
within
23
forty-five
days
of
the
convening
of
any
session,
the
time
limit
24
provided
in
this
section
shall
not
apply
and
the
governor
shall
25
order
such
special
election
at
the
earliest
practical
time,
26
giving
at
least
eighteen
days’
notice
of
the
special
election.
27
Any
special
election
called
under
this
section
must
be
held
on
28
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
school
29
election
within
the
district.
30
Sec.
43.
Section
260C.15,
subsection
5,
Code
2022,
is
31
amended
to
read
as
follows:
32
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
33
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
34
section
277.20
.
In
each
county
whose
commissioner
of
elections
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is
the
controlling
commissioner
for
a
merged
area
under
section
1
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
2
second
Monday
or
Tuesday
after
the
day
of
the
election
to
3
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
4
merged
area,
and
declare
the
results
of
the
voting.
The
5
commissioner
shall
at
once
issue
certificates
of
election
to
6
each
person
declared
elected,
and
shall
certify
to
the
merged
7
area
board
in
substantially
the
manner
prescribed
by
section
8
50.27
the
result
of
the
voting
on
any
public
question
submitted
9
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
10
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
11
of
office
prescribed
in
section
277.28
.
12
Sec.
44.
Section
277.4,
subsection
4,
Code
2022,
is
amended
13
to
read
as
follows:
14
4.
Any
person
on
whose
behalf
nomination
petitions
have
been
15
filed
under
this
section
may
withdraw
as
a
candidate
by
filing
16
a
signed
statement
to
that
effect
with
the
secretary
consistent
17
with
section
44.9
,
subsection
5
.
18
Sec.
45.
EFFECTIVE
DATE.
Except
as
otherwise
provided,
this
19
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
20
enactment.
21
Sec.
46.
EFFECTIVE
DATE.
The
following
take
effect
January
22
1,
2023:
23
The
sections
of
this
Act
amending
chapter
53.
24
Sec.
47.
APPLICABILITY.
The
following
shall
not
apply
to
25
primary
elections
conducted
in
2022
unless
this
Act
is
enacted
26
prior
to
March
23,
2022:
27
The
section
of
this
Act
amending
section
43.20,
subsection
28
1.
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
of
elections.
33
The
bill
provides
that
a
political
party
that
this
34
required
by
statute
to
publish
a
notice
of
a
precinct
caucus
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in
a
newspaper
of
general
circulation
may,
in
lieu
of
such
1
requirement,
publish
the
notice,
action,
or
other
information
2
in
its
entirety
on
the
political
party’s
internet
site,
if
the
3
political
party
maintains
an
internet
site.
4
The
bill
removes
a
requirement
that
nomination
papers
for
5
an
office
to
be
filled
by
the
voters
of
the
county
or
for
the
6
office
of
county
supervisor
elected
from
a
district
within
7
the
county
be
signed
by
2
percent
of
the
party
vote
in
the
8
county
or
supervisor
district,
as
shown
by
the
last
general
9
election,
or
by
at
least
100
persons,
whichever
is
less.
Such
10
petitions
must
be
signed
as
provided
in
Code
section
45.1.
11
This
change
to
the
signature
requirements
does
not
apply
to
12
primary
elections
held
in
2022
unless
the
bill
is
enacted
prior
13
to
March
23,
2022.
14
The
bill
changes
the
deadline
for
a
person
nominated
to
fill
15
a
ballot
vacancy
to
withdraw
by
filing
a
notice
in
the
office
16
of
the
appropriate
county
commissioner
of
elections
from
64
17
days
before
the
date
of
the
election
to
67
days
before
the
date
18
of
the
election.
19
The
bill
allows
the
state
commissioner
of
elections
and
a
20
county
commissioner
of
elections
or
political
subdivision
of
21
the
state
to
accept
funding
only
from
lawful
appropriations
22
of
public
funds
from
the
government
of
the
United
States
23
or
the
state
of
Iowa
for
the
purposes
of
conducting
an
24
election,
or
from
lawful
appropriations
of
public
funds
25
from
a
political
subdivision
of
the
state
for
an
election
26
conducted
in
the
political
subdivision.
The
bill
prohibits
the
27
state
commissioner
of
elections
and
a
county
commissioner
of
28
elections
or
political
subdivision
from
accepting
or
expending
29
a
grant,
gift,
or
other
source
of
funding
from
a
private
30
person,
corporation,
partnership,
political
party,
nonparty
31
political
organization,
committee,
or
other
organization
32
for
the
purpose
of
conducting
an
election.
The
prohibition
33
does
not
apply
to
the
contribution
of
a
building
for
use
34
as
a
polling
place.
The
bill
does
not
prohibit
the
state
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commissioner
or
a
county
commissioner
or
political
subdivision
1
from
issuing
and
collecting
fees
as
otherwise
provided
by
law.
2
By
operation
of
law,
a
person
who
willfully
violates
this
3
provision
of
the
bill
is
guilty
of
election
misconduct
in
the
4
fourth
degree,
a
simple
misdemeanor.
A
simple
misdemeanor
is
5
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
6
of
at
least
$105
but
not
more
than
$855.
7
The
bill
requires
a
notice
for
an
election
to
include
the
8
date
the
election
will
be
audited,
the
location
of
the
audit,
9
and
the
hours
during
which
the
election
will
be
audited.
The
10
bill
also
changes
the
earliest
date
that
notice
of
an
election
11
may
be
published
from
20
to
30
days
before
the
date
of
the
12
election.
13
The
bill
allows
a
county
commissioner
of
elections
to
use
14
an
electronic
election
register
in
lieu
of
a
paper
register
15
if
the
electronic
election
register
is
a
product
that
has
16
been
certified
for
use
in
the
state
by
the
state
commissioner
17
of
elections.
The
bill
directs
the
state
commissioner
of
18
elections
to
adopt
rules
regarding
electronic
election
19
registers.
20
The
bill
requires
a
precinct
election
official
to
publicly
21
announce
the
results
of
a
canvass
only
upon
the
request
of
22
a
person
at
the
precinct.
Current
law
requires
a
precinct
23
election
official
to
always
publicly
announce
the
results
of
24
a
canvass.
25
The
bill
requires
the
state
commissioner
of
elections,
in
26
cooperation
with
county
commissioners
of
elections,
to
conduct
27
an
unofficial
canvass
of
election
results
following
the
closing
28
of
polls
for
regular
city,
regular
school,
primary,
and
general
29
elections.
Current
law
requires
an
unofficial
canvass
only
30
for
general
elections.
If
a
county
commissioner
of
elections
31
determines
that
all
precincts
will
not
report
results
before
32
the
office
is
closed,
the
bill
requires
the
county
commissioner
33
to
provide
a
written
explanation
as
to
why.
34
The
bill
removes
the
first
Monday
after
an
election
as
a
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possible
date
for
canvassing
an
election.
1
The
bill
changes
the
deadline
to
request
a
recount
from
5:00
2
p.m.
on
the
third
day
following
the
canvass
of
an
election
3
to
5:00
p.m.
on
the
second
day
following
the
canvass
of
an
4
election.
The
bill
requires
a
recount
request
to
include
all
5
precincts
in
a
county
instead
of
only
specified
counties.
The
6
bill
also
requires
the
request
to
include
whether
the
candidate
7
requests
only
a
machine
recount
or
a
machine
recount
followed
8
by
a
hand
recount.
If
a
candidate
requests
a
hand
recount
9
in
one
county,
the
bill
requires
the
candidate
to
request
a
10
hand
recount
in
all
counties
in
which
the
candidate
requests
11
a
recount.
The
bill
imposes
a
fine
of
$100
for
each
violation
12
on
a
candidate
who
does
not
request
a
hand
recount
in
all
13
counties
in
which
the
candidate
is
required
to
do
so.
The
14
state
commissioner
of
elections
shall
then
inform
each
other
15
county
to
be
recounted
that
a
hand
recount
shall
be
conducted.
16
The
bill
imposes
similar
requirements
on
recounts
for
public
17
measures.
18
The
bill
requires
the
county
commissioner
of
elections
to
19
notify
the
state
commissioner
of
elections
by
electronic
mail
20
when
a
recount
is
requested.
If
the
apparent
winning
candidate
21
in
an
election
for
which
a
recount
has
been
requested
cannot
be
22
contacted,
the
bill
changes
the
deadline
by
which
the
county
23
commissioner
of
elections
must
contact
the
chairperson
of
the
24
political
party
or
organization
that
nominated
the
apparent
25
winner
from
four
days
after
attempting
to
make
contact
to
three
26
days.
27
The
bill
changes
the
composition
of
recount
boards
based
28
on
the
population
of
the
county.
For
a
county
of
fewer
than
29
15,000
people,
the
board
shall
consist
of
a
designee
of
the
30
candidate
requesting
the
recount,
a
designee
of
the
apparent
31
winning
candidate,
and
a
person
who
is
a
precinct
election
32
official
selected
by
the
chief
judge
of
the
judicial
district
33
in
which
the
canvass
occurs.
For
a
county
with
a
population
34
between
15,000
and
49,999,
the
board
shall
consist
of
a
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designee
of
the
candidate
requesting
the
recount,
a
designee
1
of
the
apparent
winning
candidate,
and
three
persons
who
are
2
precinct
election
officials
selected
by
the
chief
judge
of
the
3
judicial
district
in
which
the
canvass
occurs.
For
a
county
4
with
a
population
of
50,000
or
greater,
the
board
shall
consist
5
of
two
designees
of
the
candidate
requesting
the
recount,
two
6
designees
of
the
apparent
winning
candidate,
and
three
persons
7
who
are
precinct
election
officials
selected
by
the
chief
judge
8
of
the
judicial
district
in
which
the
canvass
occurs.
Members
9
appointed
by
the
chief
judge
for
the
recount
of
a
partisan
10
election
shall
not
be
comprised
of
more
than
one-third
of
11
persons
who
are
not
members
of
either
of
the
two
political
12
parties
whose
candidates
for
president
received
the
most
or
13
next-most
votes
at
the
last
general
election
for
a
partisan
14
election
and
not
more
than
a
simple
majority
of
members
15
appointed
by
a
chief
judge
shall
be
from
the
same
political
16
party
or
organization.
17
The
bill
makes
a
similar
change
for
recounts
requested
18
in
a
primary
election
for
an
office
for
which
no
candidate
19
has
received
the
required
35
percent
to
be
nominated.
Under
20
current
law,
the
recount
board
consists
of
one
person
chosen
21
by
the
candidate
requesting
the
recount,
one
person
chosen
by
22
the
candidate
receiving
the
highest
number
of
votes
excluding
23
the
requestor,
and
a
third
person
mutually
agreeable
to
the
24
board
members
designated
by
the
candidates.
The
bill
provides
25
that
the
third
person
is
instead
a
precinct
election
official
26
selected
by
the
chief
judge
of
the
judicial
district
in
which
27
the
canvass
occurs.
28
The
bill
requires
a
recount
board
to
be
convened
no
later
29
than
9:00
a.m.
on
the
sixth
day
following
the
canvass
of
30
the
election.
The
commissioner
shall
then
inform
the
board
31
whether
the
candidate
requested
a
hand
recount.
The
board
32
shall
direct
the
commissioner
to
retabulate
the
ballots
using
33
the
automatic
tabulating
equipment
using
the
same
program
as
34
was
used
to
tabulate
the
votes
on
election
day
unless
the
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program
is
believed
or
known
to
be
flawed.
The
board
shall
1
recount
only
the
ballots
which
were
voted
and
counted
for
2
the
office
in
question,
including
disputed
ballots.
After
3
retabulating,
the
board
shall
compare
the
results
to
the
4
abstract
prepared
pursuant
to
the
county
board’s
canvass
and
5
note
any
discrepancies.
If
the
candidate
requested
a
hand
6
recount,
the
bill
requires
the
ballots
to
be
separated
into
7
categories
and
tabulated.
The
board
shall
then
compare
the
8
results
of
the
tabulation
to
the
results
of
the
canvass
and
the
9
automatic
recount.
If
there
are
discrepancies,
the
results
of
10
the
hand
recount
shall
control.
The
bill
then
requires
the
11
board
to
reseal
and
preserve
the
ballots.
12
At
the
conclusion
of
the
recount,
the
bill
requires
the
board
13
to
make
and
file
with
the
county
commissioner
of
elections
a
14
report
of
its
findings,
signed
by
a
majority
of
the
board.
15
The
bill
requires
a
recount
board
to
include
in
its
written
16
report
following
the
conclusion
of
a
recount
a
full
tally
17
and
accounting
of
ballots
reviewed
by
the
board.
The
report
18
must
allow
the
county
commissioner
of
elections
to
correct
the
19
canvass
of
votes
in
the
manner
required
by
law,
if
applicable.
20
The
board
shall
file
its
report
by
17
days
after
the
canvass
of
21
an
election
for
the
offices
of
president
and
vice
president,
22
by
21
days
after
the
canvass
of
an
election
for
a
state
office
23
or
a
seat
in
the
United
States
Congress,
and
by
13
days
after
24
the
canvass
of
any
other
election.
The
bill
also
requires
25
the
county
board
of
elections
to
reconvene
no
later
than
27
26
days
following
a
presidential
election
to
correct
any
errors
27
identified
by
the
recount
board.
28
The
bill
requires
a
petition
for
a
recount
of
an
election
29
for
a
public
measure
to
be
submitted
not
later
than
two
days
30
following
the
canvass
of
the
votes
for
the
measure
rather
31
than
three
days.
The
bill
changes
the
makeup
of
the
recount
32
board
for
a
public
measure
by
removing
a
designee
named
by
the
33
commissioner
and
a
person
jointly
selected
by
that
person
and
34
a
designee
named
in
the
petition
requesting
the
recount
and
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replacing
them
with
two
election
officials
selected
by
the
1
chief
judge
of
the
judicial
district
where
the
canvass
occurs.
2
The
commissioner
shall
convene
the
recount
board
not
later
than
3
9:00
a.m.
on
the
sixth
day
following
the
county
board’s
canvass
4
of
the
election
in
question.
5
Under
current
law,
a
county
commissioner
of
elections
may
6
conduct
an
administrative
recount
if
the
commissioner
suspects
7
that
voting
equipment
used
in
the
election
malfunctioned
or
8
that
programming
errors
may
have
affected
the
outcome
of
the
9
election,
or
if
the
precinct
election
officials
report
counting
10
errors
to
the
commissioner.
The
bill
allows
the
county
11
commissioner
of
elections
to
conduct
an
administrative
audit
if
12
such
circumstances
exist.
The
bill
allows
political
parties,
13
defined
in
Code,
to
appoint
observers
to
witness
the
audit.
14
The
bill
requires
an
absentee
ballot
that
is
mailed
to
a
15
voter
to
be
enclosed
in
an
unsealed
affidavit
envelope
and
with
16
or
in
an
unsealed
return
envelope,
which
shall
then
be
enclosed
17
in
the
delivery
envelope.
If
the
ballot
cannot
be
folded
so
18
that
all
the
voting
ovals
on
the
ballot
will
be
hidden,
the
19
bill
requires
the
commissioner
to
also
send
a
secrecy
envelope.
20
The
bill
requires
a
registered
voter
to
subscribe
to
an
21
affidavit
on
an
affidavit
envelope
by
signing
the
envelope
and
22
writing
the
voter’s
voter
verification
number.
The
bill
also
23
requires
return
envelopes
to
have
printed
on
them
the
deadline
24
to
return
the
ballot
and
the
manner
to
track
the
status
of
the
25
ballot.
26
The
bill
strikes
a
requirement
that
an
affidavit
envelope
27
be
considered
to
contain
a
defect
if
it
appears
to
the
county
28
commissioner
of
elections
that
it
was
signed
by
a
person
other
29
than
the
voter.
The
bill
adds
a
requirement
that
an
affidavit
30
envelope
be
considered
to
contain
a
defect
if
the
voter
31
verification
number
on
the
envelope
does
not
match
the
voter
32
verification
number
on
file
for
the
voter.
33
The
bill
requires
the
county
commissioner
of
elections
to
34
prepare
a
separate
absentee
ballot
style
for
each
precinct
in
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the
county
and
program
the
voting
system
to
produce
reports
by
1
the
resident
precincts
of
the
voters
for
each
primary
election.
2
The
bill
repeals
certain
requirements
regarding
what
3
materials
a
commissioner
shall
include
with
an
absentee
ballot
4
and
instead
requires
a
commissioner
to
put
the
same
serial
5
number
on
the
affidavit,
return,
and
delivery
envelopes.
6
The
bill
requires
all
mailed
absentee
ballots
to
include
an
7
affidavit
envelope.
The
bill
also
requires
the
absentee
and
8
special
voters
precinct
board
to
reject
an
absentee
ballot
9
if
the
affidavit
envelope
does
not
include
the
voter’s
voter
10
verification
number.
11
The
bill
changes
the
makeup
of
the
contest
court
for
a
12
contested
gubernatorial
election
to
include
five
members
each
13
from
the
house
and
the
senate
and
the
majority
and
minority
14
leaders
of
each
chamber.
15
The
bill
requires
the
senate
to
organize
as
a
court
of
16
impeachment
as
soon
as
practicable
after
an
impeachment
is
17
presented.
18
The
bill
changes
the
clerk
of
a
court
of
contest
for
19
presidential
electors
and
congresspersons
from
the
secretary
20
of
state
to
the
clerk
of
the
supreme
court.
If
the
clerk
of
21
the
supreme
court
is
absent
or
unable
to
act,
the
secretary
of
22
state
shall
be
the
clerk
of
the
court.
For
elections
for
state
23
officers,
the
bill
changes
the
clerk
of
a
contest
court
to
the
24
clerk
of
the
supreme
court.
If
the
clerk
of
the
supreme
court
25
is
absent
or
unable
to
act,
the
secretary
of
state
shall
be
the
26
clerk
of
the
court.
However,
if
the
secretary
of
state
is
a
27
party
to
the
contest,
the
auditor
of
state
shall
be
the
clerk
28
of
the
court.
29
The
bill
updates
an
internal
reference
regarding
withdrawals
30
of
candidates
for
school
district
elections.
31
The
bill
takes
effect
upon
enactment,
except
that
sections
32
amending
Code
chapter
53
(absent
voters)
take
effect
on
January
33
1,
2023.
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