Senate
File
382
-
Introduced
SENATE
FILE
382
BY
WAHLS
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
the
1
recounting
of
ballots,
the
mailing
of
absentee
ballots,
and
2
in-person
absentee
voting.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
50.48,
subsection
3,
Code
2021,
is
1
amended
to
read
as
follows:
2
3.
a.
The
recount
shall
be
conducted
or
overseen
by
a
board
3
which
shall
consist
of
one
of
the
following
:
4
(1)
For
a
county
with
a
population
of
fewer
than
twenty-five
5
thousand
people:
6
(1)
(a)
A
designee
Two
designees
of
the
candidate
7
requesting
the
recount,
who
shall
be
named
in
the
written
8
request
when
it
is
filed.
9
(2)
(b)
A
designee
Two
designees
of
the
apparent
winning
10
candidate,
who
shall
be
named
by
that
candidate
at
or
before
11
the
time
the
board
is
required
to
convene.
12
(3)
(c)
A
person
chosen
jointly
by
the
members
designated
13
under
subparagraphs
(1)
subparagraph
divisions
(a)
and
(2)
(b)
.
14
(2)
For
a
county
with
a
population
of
at
least
twenty-five
15
thousand
but
less
than
ninety
thousand
people:
16
(a)
Three
designees
of
the
candidate
requesting
the
17
recount,
who
shall
be
named
in
the
written
request
when
it
is
18
filed.
19
(b)
Three
designees
of
the
apparent
winning
candidate,
who
20
shall
be
named
by
that
candidate
at
or
before
the
time
the
21
board
is
required
to
convene.
22
(c)
A
person
chosen
jointly
by
the
members
designated
under
23
subparagraph
divisions
(a)
and
(b).
24
(3)
For
a
county
with
a
population
of
ninety
thousand
people
25
or
greater:
26
(a)
Three
designees
of
the
candidate
requesting
the
27
recount,
who
shall
be
named
in
the
written
request
when
it
is
28
filed.
29
(b)
Three
designees
of
the
apparent
winning
candidate,
who
30
shall
be
named
by
that
candidate
at
or
before
the
time
the
31
board
is
required
to
convene.
32
(c)
Three
persons
chosen
jointly
by
the
members
designated
33
under
subparagraph
divisions
(a)
and
(b).
34
b.
The
commissioner
shall
convene
the
persons
designated
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under
paragraph
“a”
,
subparagraphs
subparagraph
(1)
and
,
1
subparagraph
divisions
(a)
and
(b),
subparagraph
(2),
2
subparagraph
divisions
(a)
and
(b),
or
subparagraph
(3),
3
subparagraph
divisions
(a)
and
(b),
not
later
than
9:00
a.m.
4
on
the
seventh
day
following
the
county
board’s
canvass
of
the
5
election
in
question.
If
those
two
members
cannot
agree
on
the
6
third
additional
member
or
members
by
8:00
a.m.
on
the
ninth
7
day
following
the
canvass,
they
shall
immediately
so
notify
the
8
chief
judge
of
the
judicial
district
in
which
the
canvass
is
9
occurring,
who
shall
appoint
the
third
additional
member
or
10
members
not
later
than
5:00
p.m.
on
the
eleventh
day
following
11
the
canvass.
12
Sec.
2.
Section
50.48,
subsection
4,
paragraphs
a
and
c,
13
Code
2021,
are
amended
to
read
as
follows:
14
a.
When
all
members
of
the
recount
board
have
been
selected,
15
the
board
shall
undertake
and
complete
the
required
recount
16
as
expeditiously
as
reasonably
possible.
The
recount
board
17
may
conduct
the
recount
or
may
direct
the
county
commissioner
18
and
the
county
commissioner’s
staff
to
conduct
the
recount.
19
The
recount
board
shall
oversee
any
recount
conducted
by
the
20
county
commissioner
and
the
county
commissioner’s
staff.
The
21
commissioner
or
the
commissioner’s
designee
shall
supervise
the
22
handling
of
ballots
to
ensure
that
the
ballots
are
protected
23
from
alteration
or
damage.
The
board
or
county
commissioner
24
shall
open
only
the
sealed
ballot
containers
from
the
precincts
25
specified
to
be
recounted
in
the
request
or
by
the
recount
26
board.
The
board
or
county
commissioner
shall
recount
only
27
the
ballots
which
were
voted
and
counted
for
the
office
in
28
question,
including
any
disputed
ballots
returned
as
required
29
in
section
50.5
.
If
automatic
tabulating
equipment
was
used
30
to
count
the
ballots,
the
The
recount
board
may
request
the
31
commissioner
to
retabulate
the
ballots
using
the
automatic
32
tabulating
equipment
on
a
per
precinct
basis,
and
the
recount
33
board
shall
visually
examine
each
ballot
that
the
automatic
34
tabulating
equipment
identifies
as
containing
an
undervote,
an
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overvote,
or
a
write-in
vote
to
determine
voter
intent
.
The
1
same
program
used
for
tabulating
the
votes
on
election
day
2
shall
be
used
at
the
recount
unless
the
program
is
believed
or
3
known
to
be
flawed.
4
c.
The
ballots
shall
be
resealed
by
the
recount
board
5
or
county
commissioner
before
adjournment
and
shall
be
6
preserved
as
required
by
section
50.12
.
At
the
conclusion
of
7
the
recount,
the
recount
board
shall
make
and
file
with
the
8
commissioner
a
written
report
of
its
findings,
which
shall
be
9
signed
by
at
least
two
two-thirds
of
the
members
of
the
recount
10
board.
The
recount
board
shall
complete
the
recount
and
file
11
its
report
not
later
than
the
eighteenth
day
following
the
12
county
board’s
canvass
of
the
election
in
question.
13
Sec.
3.
Section
53.8,
subsection
1,
paragraph
a,
unnumbered
14
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
15
Upon
receipt
of
an
application
for
an
absentee
ballot
and
16
immediately
after
the
absentee
ballots
are
printed,
but
not
17
more
than
twenty-nine
forty-five
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
in
21
observance
of
a
federal
holiday
and
is
not
delivering
mail
on
22
the
twenty-ninth
forty-fifth
day
before
the
election,
the
first
23
day
to
mail
absentee
ballots
is
the
next
business
day
on
which
24
mail
delivery
is
available.
The
absentee
ballot
shall
be
sent
25
to
the
registered
voter
by
one
of
the
following
methods:
26
Sec.
4.
Section
53.10,
subsection
1,
Code
2021,
is
amended
27
to
read
as
follows:
28
1.
Not
more
than
twenty-nine
forty-five
days
before
the
29
date
of
the
primary
election
or
the
general
election,
the
30
commissioner
shall
provide
facilities
for
absentee
voting
in
31
person
at
the
commissioner’s
office.
This
service
shall
also
32
be
provided
for
other
elections
as
soon
as
the
ballots
are
33
ready,
but
in
no
case
shall
absentee
ballots
be
available
under
34
this
section
more
than
twenty-nine
forty-five
days
before
an
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election.
1
Sec.
5.
Section
53.11,
subsection
1,
paragraph
a,
Code
2021,
2
is
amended
to
read
as
follows:
3
a.
Not
more
than
twenty-nine
forty-five
days
before
the
4
date
of
an
election,
satellite
absentee
voting
stations
may
be
5
established
throughout
the
cities
and
county
at
the
direction
6
of
the
commissioner
and
shall
be
established
upon
receipt
7
of
a
petition
signed
by
not
less
than
one
hundred
eligible
8
electors
requesting
that
a
satellite
absentee
voting
station
9
be
established
at
a
location
to
be
described
on
the
petition.
10
However,
if
a
special
election
is
scheduled
in
the
county
on
a
11
date
that
falls
between
the
date
of
the
regular
city
election
12
and
the
date
of
the
city
runoff
election,
the
commissioner
is
13
not
required
to
establish
a
satellite
absentee
voting
station
14
for
the
city
runoff
election.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
conduct
of
elections,
including
the
19
recounting
of
ballots,
the
mailing
of
absentee
ballots,
and
20
in-person
absentee
voting.
21
The
ballot
changes
the
size
of
a
recount
board
based
on
the
22
population
of
the
county.
For
a
county
with
a
population
of
23
fewer
than
25,000
people,
the
bill
requires
a
recount
board
24
to
consist
of
two
designees
of
each
contestant
and
one
person
25
agreed
upon
by
the
designees.
For
a
county
of
at
least
25,000
26
but
less
than
90,000
people,
the
bill
requires
a
recount
board
27
to
consist
of
three
designees
of
each
contestant
and
one
person
28
agreed
upon
by
the
designees.
For
a
county
of
90,000
people
or
29
greater,
the
bill
requires
a
recount
board
to
consist
of
three
30
designees
of
each
contestant
and
three
persons
agreed
upon
by
31
the
designees.
The
bill
requires
a
report
of
a
recount
board
32
to
be
signed
by
two-thirds
of
the
members
of
the
board.
33
The
bill
allows
the
recount
board
to
direct
the
county
34
commissioner
or
the
county
commissioner’s
staff
to
conduct
a
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recount.
The
board
requires
the
recount
board
to
oversee
any
1
recount
conducted
by
the
county
commissioner
or
the
county
2
commissioner’s
staff.
3
The
bill
allows
a
recount
to
be
conducted
on
a
per
precinct
4
basis
using
automatic
tabulating
equipment.
The
bill
requires
5
the
recount
board
to
visually
examine
each
ballot
that
the
6
equipment
identifies
as
containing
an
undervote,
an
overvote,
7
or
a
write-in
vote
to
determine
voter
intent.
8
The
bill
allows
a
county
commissioner
of
elections
to
begin
9
the
mailing
of
absentee
ballots
starting
45
days
before
an
10
election.
11
The
bill
also
allows
in-person
absentee
voting
at
a
county
12
commissioner’s
office
or
at
a
satellite
location
to
begin
45
13
days
before
an
election.
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