S.F. 413 Section 1. Section 39A.2, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. Failure to perform duties. As an 3 election official, fails to perform duties prescribed by 4 chapters 39 through 53, except for section 48A.41, or fails to 5 follow or implement guidance issued pursuant to section 47.1, 6 or performs those duties and responsibilities in such a way as 7 to hinder or disregard the object of the law. 8 Sec. 2. Section 39A.3, subsection 1, paragraph b, Code 2021, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (9) Fails to adequately perform voter 11 list maintenance in violation of section 48A.41. 12 Sec. 3. Section 39A.4, subsection 1, paragraph b, 13 subparagraph (1), Code 2021, is amended to read as follows: 14 (1) Serving as a member of a challenging committee or 15 observer under section 49.104, subsection 2, 5, or 6 , 1, 16 paragraph “b” , “e” , or “f” , while serving as a precinct election 17 official at the polls. 18 Sec. 4. Section 39A.4, subsection 1, paragraph b, 19 subparagraph (2), Code 2021, is amended by striking the 20 subparagraph. 21 Sec. 5. Section 39A.4, subsection 1, paragraph b, Code 2021, 22 is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (14) Interferes with a person permitted 24 at a polling place pursuant to section 49.104. 25 Sec. 6. Section 39A.4, subsection 1, paragraph c, 26 subparagraphs (10) and (11), Code 2021, are amended to read as 27 follows: 28 (10) Returning a voted absentee ballot , by mail , to a ballot 29 drop box, or in person, to the commissioner’s office and the 30 person returning the ballot is not the voter, the voter’s 31 designee, or a special precinct election official designated 32 pursuant to section 53.22, subsection 2 a person prohibited 33 to collect and deliver a completed ballot pursuant to section 34 53.33 . 35 -1- LSB 2298SV (1) 89 ss/jh 1/ 36

S.F. 413 (11) Making a false or untrue statement reporting that 1 a voted absentee ballot was returned to the commissioner’s 2 office, by mail or in person, or to a ballot drop box, by 3 a person other than the voter, the voter’s designee, or a 4 special precinct election official designated pursuant to 5 section 53.22, subsection 2 prohibited to collect and deliver a 6 completed ballot pursuant to section 53.33 . 7 Sec. 7. Section 39A.6, subsection 3, Code 2021, is amended 8 to read as follows: 9 3. a. This notice is not a final determination of facts 10 or law in the matter, and does not entitle a person to a 11 proceeding under chapter 17A . Upon issuance of a technical 12 infraction to a county commissioner, the state commissioner 13 shall also impose a fine not to exceed ten thousand dollars to 14 be deposited in the general fund. 15 b. A county commissioner shall pay a fine issued pursuant to 16 this section or file an appeal pursuant to chapter 17A within 17 sixty days. A county commissioner who fails to pay a fine that 18 was not dismissed pursuant to chapter 17A shall be suspended 19 from office for a period not to exceed two years pursuant to 20 sections 66.7 and 66.8. 21 c. If a county commissioner is suspended pursuant to 22 paragraph “b” , the state commissioner shall direct the deputy of 23 the county commissioner to oversee the functions of the office 24 until the suspension is revoked or the office is vacated and a 25 successor is elected. The state commissioner may direct the 26 state commissioner’s staff to assist in the performance of the 27 duties of the county commissioner. 28 Sec. 8. Section 39A.6, Code 2021, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 4. Upon issuing a technical infraction, 31 the state commissioner shall immediately inform the attorney 32 general and relevant county attorney if the apparent violation 33 constitutes or may constitute election misconduct under this 34 chapter. 35 -2- LSB 2298SV (1) 89 ss/jh 2/ 36

S.F. 413 Sec. 9. NEW SECTION . 39A.7 Election misconduct —— 1 investigation. 2 1. The attorney general or county attorney shall 3 investigate allegations of election misconduct reported to the 4 attorney general or county attorney. Election misconduct by an 5 election official shall also be investigated for prosecution 6 under chapter 721. 7 2. Upon the completion of an investigation required by this 8 section, the attorney general or county attorney shall submit 9 the results of the investigation to the state commissioner and 10 explain whether the attorney general or county attorney will 11 pursue charges. 12 Sec. 10. Section 43.20, subsection 1, Code 2021, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 1. Nomination papers shall be signed by eligible electors as 16 provided in section 45.1. 17 Sec. 11. Section 43.20, subsection 2, Code 2021, is amended 18 by striking the subsection. 19 Sec. 12. Section 44.1, Code 2021, is amended to read as 20 follows: 21 44.1 Political nonparty Nonparty political organizations. 22 1. Any convention or caucus of eligible electors 23 representing a political organization which is not a political 24 party as defined by law, may, for the state, or for any 25 division or municipality thereof, or for any county, or for 26 any subdivision thereof, for which such convention or caucus 27 is held, make one nomination of a candidate for each office to 28 be filled therein at the general election. However, in order 29 to qualify for any nomination made for a statewide elective 30 office by such a political organization there shall be in 31 attendance at the convention or caucus where the nomination 32 is made a minimum of two hundred fifty five hundred eligible 33 electors including at least one eligible elector from each of 34 twenty-five counties. In order to qualify for any nomination 35 -3- LSB 2298SV (1) 89 ss/jh 3/ 36

S.F. 413 to the office of United States representative there shall be 1 in attendance at the convention or caucus where the nomination 2 is made a minimum of fifty two hundred eligible electors who 3 are residents of the congressional district including at least 4 one eligible elector from each of at least one-half of the 5 counties of the congressional district. In order to qualify 6 for any nomination to an office to be filled by the voters 7 of a county or of a city there shall be in attendance at the 8 convention or caucus where the nomination is made a minimum of 9 ten twenty eligible electors who are residents of the county 10 or city, as the case may be, including at least one eligible 11 elector from at least one-half of the voting precincts in that 12 county or city. In order to qualify for any nomination made 13 for the general assembly there shall be in attendance at the 14 convention or caucus where the nomination is made a minimum 15 of ten twenty-five eligible electors who are residents of the 16 representative district or twenty fifty eligible electors who 17 are residents of the senatorial district, as the case may be, 18 with at least one eligible elector from one-half of the voting 19 precincts in the district in each case. The names of all 20 delegates in attendance at such convention or caucus and such 21 fact shall be certified to the state commissioner together with 22 the other certification requirements of this chapter . 23 2. A candidate who has been nominated under a political 24 party under chapter 43 shall not be eligible for nomination 25 under this chapter for the same office in the same election 26 year. 27 Sec. 13. Section 45.1, Code 2021, is amended to read as 28 follows: 29 45.1 Nominations by petition. 30 1. Nominations for candidates for president and vice 31 president, governor and lieutenant governor, and for other 32 statewide elected offices United States senator may be made 33 by nomination petitions signed by not less than one thousand 34 five hundred eligible electors residing in not less than ten 35 -4- LSB 2298SV (1) 89 ss/jh 4/ 36

S.F. 413 counties of the state three thousand five hundred eligible 1 electors, including at least one hundred eligible electors each 2 from at least nineteen counties of the state . 3 1A. Nominations for candidates for statewide offices other 4 than those listed in subsection 1 may be made by nomination 5 petitions signed by not less than two thousand five hundred 6 eligible electors, including at least seventy-seven eligible 7 electors from not less than eighteen counties of the state. 8 2. Nominations for candidates for a representative in 9 the United States house of representatives may be made by 10 nomination petitions signed by not less than the number of 11 eligible electors equal to the number of signatures required in 12 subsection 1 divided by the number of congressional districts. 13 Signers of the petition shall be eligible electors who are 14 residents of the congressional district one thousand seven 15 hundred twenty-six eligible electors who are residents of the 16 congressional district, including at least forty-seven eligible 17 electors each from at least one-half of the counties in the 18 congressional district . 19 3. Nominations for candidates for the state senate may 20 be made by nomination petitions signed by not less than one 21 hundred eligible electors who are residents of the senate 22 district. 23 4. Nominations for candidates for the state house of 24 representatives may be made by nomination petitions signed by 25 not less than fifty eligible electors who are residents of the 26 representative district. 27 5. Nominations for candidates for offices filled by the 28 voters of a whole county may be made by nomination petitions 29 signed by not less than one hundred fifty eligible electors who 30 are residents of the county equal in number to at least one 31 percent of the number of registered voters in the county on 32 July 1 in the year preceding the year in which the office will 33 appear on the ballot, or by at least two hundred fifty eligible 34 electors who are residents of the county, whichever is less . 35 -5- LSB 2298SV (1) 89 ss/jh 5/ 36

S.F. 413 6. Nominations for candidates for the office of county 1 supervisor elected by the voters of a supervisor district 2 may be made by nomination petitions signed by not less than 3 one hundred fifty eligible electors who are residents of the 4 supervisor district equal in number to at least one percent 5 of the number of registered voters in the supervisor district 6 on July 1 in the year preceding the year in which the office 7 will appear on the ballot, or by at least one hundred fifty 8 eligible electors who are residents of the supervisor district, 9 whichever is less . 10 7. a. Nomination papers for the offices of president and 11 vice president shall include the names of the candidates for 12 both offices on each page of the petition. A certificate 13 listing the names of the candidates for presidential electors, 14 one from each congressional district and two from the state at 15 large, shall be filed in the state commissioner’s office at the 16 same time the nomination papers are filed. 17 b. Nomination papers for the offices of governor and 18 lieutenant governor shall include the names of candidates for 19 both offices on each page of the petition. Nomination papers 20 for other statewide elected offices and all other offices shall 21 include the name of the candidate on each page of the petition. 22 8. Nominations for candidates for elective offices in 23 cities where the council has adopted nominations under this 24 chapter may be submitted as follows: 25 a. Except as otherwise provided in subsection 9 , in cities 26 having a population of three thousand five hundred twenty 27 thousand or greater according to the most recent federal 28 decennial census, nominations may be made by nomination papers 29 signed by not less than twenty-five one hundred eligible 30 electors who are residents of the city or ward. 31 b. In cities having a population of one hundred five 32 thousand or greater, but less than three thousand five hundred 33 twenty thousand , according to the most recent federal decennial 34 census, nominations may be made by nomination papers signed by 35 -6- LSB 2298SV (1) 89 ss/jh 6/ 36

S.F. 413 not less than ten fifty eligible electors who are residents of 1 the city or ward. 2 c. In cities having a population of less than one hundred 3 one thousand or greater, but less than five thousand, according 4 to the most recent federal decennial census, nominations may 5 be made by nomination papers signed by not less than five 6 twenty-five eligible electors who are residents of the city. 7 d. In cities having a population of less than one thousand 8 according to the most recent decennial census, nominations 9 may be made by nomination papers signed by not less than ten 10 eligible electors who are residents of the city. 11 9. Nominations for candidates, other than partisan 12 candidates, for elective offices in special charter cities 13 subject to section 43.112 may be submitted as follows: 14 a. For the office of mayor , and alderman at large, 15 nominations and ward alderman in special charter cities subject 16 to the provisions of section 43.112 may be made by nomination 17 papers signed by not less than one hundred eligible electors 18 residing in the city equal in number to at least two percent of 19 the total vote received by all candidates for mayor at the last 20 preceding city election . 21 b. For the office of ward alderman, nominations may be made 22 by nomination papers signed by eligible electors residing in 23 the ward equal in number to at least two percent of the total 24 vote received by all candidates for ward alderman in that ward 25 at the last preceding city election. 26 Sec. 14. Section 47.1, subsection 1, Code 2021, is amended 27 to read as follows: 28 1. The secretary of state is designated as the state 29 commissioner of elections and shall supervise the activities of 30 the county commissioners of elections. There is established 31 within the office of the secretary of state a division of 32 elections which shall be under the direction of the state 33 commissioner of elections. The state commissioner of 34 elections may appoint a person to be in charge of the division 35 -7- LSB 2298SV (1) 89 ss/jh 7/ 36

S.F. 413 of elections who shall perform the duties assigned by the 1 state commissioner of elections. The state commissioner of 2 elections shall prescribe uniform election practices and 3 procedures, shall prescribe the necessary forms required 4 for the conduct of elections, shall assign a number to each 5 proposed constitutional amendment and statewide public measure 6 for identification purposes, and shall adopt rules, pursuant to 7 chapter 17A , to carry out this section . The state commissioner 8 of elections may issue guidance that is not subject to the 9 rulemaking process to clarify election laws and rules. 10 Sec. 15. Section 47.2, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. The county auditor of each county is designated as the 13 county commissioner of elections in each county. The county 14 commissioner of elections shall conduct voter registration 15 pursuant to chapter 48A and conduct all elections within the 16 county. The county commissioner of elections does not possess 17 home rule powers with respect to the exercise of powers or 18 duties related to the conduct of elections prescribed by 19 statute or rule, or guidance issued pursuant to section 47.1. 20 Sec. 16. Section 47.7, subsection 2, Code 2021, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . f. (1) The state registrar shall, in the 23 first quarter of each calendar year, conduct a verification 24 of all voters in the statewide voter registration file, which 25 shall include cross-referencing the records in the statewide 26 voter registration file with similar records maintained by 27 other states. The state registrar of voters shall cancel the 28 registration of a voter found to be ineligible pursuant to 29 section 48A.30. The state registrar shall submit a report 30 to the general assembly by April 30 of each year regarding 31 the number of voter registrations canceled pursuant to this 32 paragraph. The state registrar shall also publish this report 33 on the internet site of the state registrar. 34 (2) The state registrar may contract with a third-party 35 -8- LSB 2298SV (1) 89 ss/jh 8/ 36

S.F. 413 vendor to develop or provide a program to allow the state 1 registrar to verify the status of records in the statewide 2 voter registration file and identify ineligible voters on an 3 ongoing basis. 4 Sec. 17. Section 47.7, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. The state registrar of voters shall use 7 information from the electronic registration information center 8 to update information in the statewide voter registration 9 system, including but not limited to the following reports: 10 a. In-state duplicates. 11 b. In-state updates. 12 c. Cross-state matches. 13 d. Deceased. 14 e. Eligible but unregistered. 15 f. National change of address. 16 Sec. 18. Section 48A.28, subsections 1 and 2, Code 2021, are 17 amended to read as follows: 18 1. Each commissioner shall conduct a systematic program 19 that makes a reasonable effort to remove from the official list 20 of registered voters the names of registered voters who have 21 changed residence from their registration addresses. Either or 22 both of the methods described in this section may be used. 23 2. a. A commissioner may shall participate in the United 24 States postal service national change of address program, as 25 provided in section 48A.27 . The state voter registration 26 commission shall adopt rules establishing specific requirements 27 for participation and use of the national change of address 28 program. 29 b. A commissioner participating in the national change of 30 address program, in the first quarter of each calendar year, 31 shall send a notice and preaddressed, postage paid return card 32 by forwardable mail to each registered voter whose name was 33 not reported by the national change of address program and who 34 has not voted in two or more consecutive general elections the 35 -9- LSB 2298SV (1) 89 ss/jh 9/ 36

S.F. 413 most recent general election and has not registered again, or 1 who has not reported a change to an existing registration , or 2 who has not responded to a notice from the commissioner or 3 registrar during the period between and following the previous 4 two general elections . Registered voters receiving such 5 notice shall be marked inactive. The form and language of the 6 notice and return card shall be specified by the state voter 7 registration commission by rule. A registered voter shall not 8 be sent a notice and return card under this subsection more 9 frequently than once in a four-year period. 10 Sec. 19. Section 48A.28, subsection 3, Code 2021, is amended 11 by striking the subsection. 12 Sec. 20. Section 48A.30, subsection 1, paragraph g, Code 13 2021, is amended to read as follows: 14 g. The registered voter’s registration record has been 15 inactive pursuant to section 48A.28 or 48A.29 for two 16 successive general elections. 17 Sec. 21. Section 48A.37, subsection 2, Code 2021, is amended 18 to read as follows: 19 2. Electronic records shall include a status code 20 designating whether the records are active, inactive, 21 incomplete, pending, or canceled. Inactive records are records 22 of registered voters to whom notices have been sent pursuant 23 to section 48A.28, subsection 3, and who have not returned 24 the card or otherwise responded to the notice, and those 25 records have been designated inactive pursuant to section 26 48A.29 . Inactive records are also records of registered 27 voters to whom notices have been sent pursuant to section 28 48A.26A and who have not responded to the notice. Incomplete 29 records are records missing required information pursuant to 30 section 48A.11, subsection 8 . Pending records are records of 31 applicants whose applications have not been verified pursuant 32 to section 48A.25A . Canceled records are records that have 33 been canceled pursuant to section 48A.30 . All other records 34 are active records. An inactive record shall be made active 35 -10- LSB 2298SV (1) 89 ss/jh 10/ 36

S.F. 413 when the registered voter requests an absentee ballot, votes 1 at an election, registers again, or reports a change of name, 2 address, telephone number, or political party or organization 3 affiliation. An incomplete record shall be made active when 4 a completed application is received from the applicant and 5 verified pursuant to section 48A.25A . A pending record shall 6 be made active upon verification or upon the voter providing 7 identification pursuant to section 48A.8 . 8 Sec. 22. NEW SECTION . 48A.40 Voter list maintenance 9 reports. 10 1. The commissioner of registration shall annually 11 submit to the state registrar of voters a report regarding 12 the number of voter registration records marked inactive or 13 canceled pursuant to sections 48A.28 through 48A.30. The state 14 registrar of voters shall publish such reports on the internet 15 site of the state registrar of voters. 16 2. The state registrar of voters shall determine by rule the 17 form and submission deadline of reports submitted pursuant to 18 subsection 1. 19 Sec. 23. NEW SECTION . 48A.41 Voter registration maintenance 20 audits —— investigations. 21 1. The state registrar of voters shall conduct an audit 22 of voter registration maintenance by each commissioner of 23 registration in April of each odd-numbered year, on a schedule 24 determined by the commissioner. 25 2. If in the course of an audit under this section the 26 state registrar of voters finds that a commissioner of 27 registration has failed to adequately perform required voter 28 list maintenance, the state registrar of voters shall submit 29 the audit to the relevant county attorney and attorney general 30 within twenty-four hours for investigation of a violation of 31 section 39A.3, subsection 1, paragraph “b” , subparagraph (9), 32 or other provision of law. 33 Sec. 24. NEW SECTION . 49.2 Oversight by the state 34 commissioner. 35 -11- LSB 2298SV (1) 89 ss/jh 11/ 36

S.F. 413 The state commissioner, or a designee of the state 1 commissioner, may, at the discretion of the state commissioner, 2 oversee the activities of a county commissioner of elections 3 during a period beginning sixty days before an election and 4 ending sixty days after an election. For the purposes of this 5 section, “oversee” means to observe election-related activity, 6 correct any activity not in accordance with law, and issue a 7 written notice and instructions pursuant to section 39A.6 for 8 any technical infractions that are observed. 9 Sec. 25. Section 49.13, Code 2021, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 7. A person serving on a precinct election 12 board pursuant to subsection 2 or 3 who changes the political 13 party of which the person is a member within thirty days before 14 an election shall be immediately removed from the board and a 15 substitute shall be appointed pursuant to section 49.14. 16 Sec. 26. Section 49.77, subsection 2, Code 2021, is amended 17 to read as follows: 18 2. If the declaration of eligibility is not printed on 19 each page of the election register, any of those persons 20 present pursuant to section 49.104, subsection 2, 3, 5, or 6 , 21 1, paragraph “b” , “c” , “e” , or “f” , may upon request view the 22 signed declarations of eligibility and may review the signed 23 declarations on file so long as the person does not interfere 24 with the functions of the precinct election officials. If the 25 declaration of eligibility is printed on the election register, 26 voters shall also sign a voter roster which the precinct 27 election official shall make available for viewing. Any of 28 those persons present pursuant to section 49.104, subsection 2, 29 3, 5, or 6 , 1, paragraph “b” , “c” , “e” , or “f” , may upon request 30 view the roster of those voters who have signed declarations of 31 eligibility, so long as the person does not interfere with the 32 functions of the precinct election officials. 33 Sec. 27. Section 49.90, Code 2021, is amended to read as 34 follows: 35 -12- LSB 2298SV (1) 89 ss/jh 12/ 36

S.F. 413 49.90 Assisting voter. 1 Any voter who may declare upon oath that the voter is blind, 2 cannot read the English language, or is, by reason of any 3 physical disability other than intoxication, unable to cast a 4 vote without assistance, shall, upon request, be assisted by 5 the two officers as provided in section 49.89 , or alternatively 6 by any other person the voter may select in casting the vote , 7 except that the voter shall not select a person standing for 8 election on the ballot . The officers, or the person selected 9 by the voter, shall cast the vote of the voter requiring 10 assistance, and shall thereafter give no information regarding 11 the vote cast. If any elector because of a disability cannot 12 enter the building where the polling place for the elector’s 13 precinct of residence is located, the two officers shall take 14 a paper ballot to the vehicle occupied by the elector with 15 a disability and allow the elector to cast the ballot in 16 the vehicle. Ballots cast by voters with disabilities shall 17 be deposited in the regular ballot box, or inserted in the 18 tabulating device, and counted in the usual manner. 19 Sec. 28. Section 49.104, Code 2021, is amended to read as 20 follows: 21 49.104 Persons permitted at polling places. 22 1. The following persons shall be permitted to be present at 23 and in the immediate vicinity of the polling places, provided 24 they do not solicit votes: 25 1. a. Any person who is by law authorized to perform or 26 is charged with the performance of official duties at the 27 election. 28 2. b. Any number of persons, not exceeding three at a time 29 from each political party having candidates to be voted for 30 at such election, to act as challenging committees, who are 31 appointed and accredited by the executive or central committee 32 of such political party or organization. 33 3. c. Any number of persons not exceeding three at a time 34 from each of such political parties, appointed and accredited 35 -13- LSB 2298SV (1) 89 ss/jh 13/ 36

S.F. 413 in the same manner as prescribed in subsection 2 paragraph 1 “b” for challenging committees, and any number of persons 2 not exceeding three at a time appointed as observers under 3 subsection 5 paragraph “e” , to witness the counting of ballots. 4 4. d. Any peace officer assigned or called upon to keep 5 order or maintain compliance with the provisions of this 6 chapter , upon request of the commissioner or of the chairperson 7 of the precinct election board. 8 5. e. One observer at a time representing any nonparty 9 political organization, any candidate nominated by petition 10 pursuant to chapter 45 , or any other nonpartisan candidate 11 in a city or school election, appearing on the ballot of the 12 election in progress. Candidates who send observers to the 13 polls shall provide each observer with a letter of appointment 14 in the form prescribed by the state commissioner. 15 6. f. Any persons expressing an interest in a ballot issue 16 to be voted upon at an election except a general or primary 17 election. Any such person shall file a notice of intent to 18 serve as an observer with the commissioner before election 19 day. If more than three persons file a notice of intent to 20 serve at the same time with respect to ballot issues at an 21 election, the commissioner shall appoint from those submitting 22 a notice of intent the three persons who may serve at that time 23 as observers, and shall provide a schedule to all persons who 24 filed notices of intent. The appointees, whenever possible, 25 shall include both opponents and proponents of the ballot 26 issues. 27 7. g. Any person authorized by the commissioner, in 28 consultation with the secretary of state, for the purposes of 29 conducting and attending educational voting programs. 30 8. h. Reporters, photographers, and other staff 31 representing the news media. However, representatives of the 32 news media, while present at or in the immediate vicinity of 33 the polling places, shall not interfere with the election 34 process in any way. 35 -14- LSB 2298SV (1) 89 ss/jh 14/ 36

S.F. 413 2. A precinct election official or county commissioner 1 shall not obstruct or interfere with a person fulfilling that 2 person’s role or performing that person’s duty under subsection 3 1. A person who violates this subsection is guilty of election 4 misconduct in the third degree. 5 Sec. 29. NEW SECTION . 50.52 Enforcement. 6 Members of local law enforcement agencies and the state 7 patrol are authorized to take all reasonable actions to prevent 8 violations of this chapter. 9 Sec. 30. Section 53.2, subsection 1, Code 2021, is amended 10 to read as follows: 11 1. a. Any registered voter, under the circumstances 12 specified in section 53.1 , may on any day, except election day, 13 and not more than one hundred twenty seventy days prior to the 14 date of the election, apply in person for an absentee ballot 15 at the commissioner’s office or at any location designated by 16 the commissioner. However, for those elections in which the 17 commissioner directs the polls be opened at noon pursuant to 18 section 49.73 , a voter may apply in person for an absentee 19 ballot at the commissioner’s office from 8:00 a.m. until 11:00 20 a.m. on election day. 21 b. A registered voter may make written application to the 22 commissioner for an absentee ballot. A written application 23 for an absentee ballot must be received by the commissioner no 24 later than 5:00 p.m. on the same day as the voter registration 25 deadline provided in section 48A.9 for the election for which 26 the ballot is requested, except when the absentee ballot is 27 requested and voted at the commissioner’s office pursuant to 28 section 53.10 . A written application for an absentee ballot 29 delivered to the commissioner and received by the commissioner 30 more than one hundred twenty seventy days prior to the date of 31 the election shall be returned to the voter with a notification 32 of the date when the applications will be accepted. 33 c. The commissioner shall not send an absentee ballot 34 application to a voter. 35 -15- LSB 2298SV (1) 89 ss/jh 15/ 36

S.F. 413 d. In the event of a public health disaster declared by the 1 governor pursuant to section 29C.6, the general assembly may by 2 resolution direct the state commissioner to send an absentee 3 ballot application to each registered voter prior to a primary 4 or general election held in an even-numbered year. If the 5 general assembly is not in session, the legislative council may 6 so direct the state commissioner by a majority vote. 7 Sec. 31. Section 53.2, subsection 2, Code 2021, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . d. No absentee ballot application shall be 10 provided to a registered voter with any field prefilled, except 11 that the absentee ballot application may have the fields for 12 the type and date of the election prefilled. 13 Sec. 32. Section 53.2, Code 2021, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 11. If an application for an absentee 16 ballot is received between 5:00 p.m. on the eleventh day 17 before an election and 5:00 p.m. on the seventh day before 18 an election, the commissioner shall notify the registered 19 voter within twenty-four hours that the absentee ballot 20 request cannot be processed and notify the registered voter 21 of ways the registered voter may participate in the election. 22 A notification sent pursuant to this subsection shall be 23 transmitted in the same manner as a notification transmitted 24 pursuant to subsection 4, paragraph “b” . 25 Sec. 33. NEW SECTION . 53.4 Absentee ballots —— reports. 26 1. Beginning on the first day that absentee ballots are 27 mailed in each primary and general election and each special 28 election pursuant to section 69.14, and through election 29 day, the state commissioner shall publish a report regarding 30 absentee ballots on a daily basis. The report shall include, 31 at a minimum, all of the following information: 32 a. The number of absentee ballot request forms received by 33 a county commissioner. 34 b. The number of absentee ballots sent by a county 35 -16- LSB 2298SV (1) 89 ss/jh 16/ 36

S.F. 413 commissioner. 1 c. The total number of absentee ballots received by a county 2 commissioner, and the total delivered by each of the following 3 methods: 4 (1) Mail. 5 (2) Delivery to a drop box. 6 (3) Delivery by hand. 7 (4) Voted in person at a satellite location. 8 2. Each county commissioner shall provide all information 9 necessary under this section to the state commissioner in a 10 manner prescribed by the state commissioner. 11 Sec. 34. Section 53.8, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2021, is amended to read as 13 follows: 14 Upon receipt of an application for an absentee ballot and 15 immediately after the absentee ballots are printed, but not 16 more than twenty-nine eighteen days before the election, the 17 commissioner shall mail an absentee ballot to the applicant 18 within twenty-four hours, except as otherwise provided in 19 subsection 3 . When the United States post office is closed 20 in observance of a federal holiday and is not delivering mail 21 on the twenty-ninth day before the election, the first day to 22 mail absentee ballots is the next business day on which mail 23 delivery is available. The absentee ballot shall be sent to 24 the registered voter by one of the following methods: 25 Sec. 35. Section 53.8, subsection 2, paragraph a, Code 2021, 26 is amended to read as follows: 27 a. The commissioner shall enclose with the absentee ballot 28 a statement informing the applicant that the sealed return 29 envelope may be mailed to the commissioner by the registered 30 voter or the voter’s designee , may be returned to a drop box 31 established by the commissioner pursuant to section 53.17, 32 subsection 1, by the registered voter or the voter’s designee, 33 only if the commissioner has established such a drop box, or 34 may be personally delivered to the commissioner’s office by 35 -17- LSB 2298SV (1) 89 ss/jh 17/ 36

S.F. 413 the registered voter or the voter’s designee. The statement 1 shall also inform the voter that the voter may request that the 2 voter’s designee complete a receipt when retrieving the ballot 3 from the voter. A blank receipt shall be enclosed with the 4 absentee ballot. 5 Sec. 36. Section 53.8, Code 2021, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4. The commissioner and the state 8 commissioner shall not mail an absentee ballot to a person who 9 has not submitted an application for an absentee ballot. 10 Sec. 37. Section 53.10, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. Not more than twenty-nine eighteen days before the 13 date of the primary election or the general election, the 14 commissioner shall provide facilities for absentee voting in 15 person at the commissioner’s office. This service shall also 16 be provided for other elections as soon as the ballots are 17 ready, but in no case shall absentee ballots be available under 18 this section more than twenty-nine eighteen days before an 19 election. 20 Sec. 38. Section 53.11, subsection 1, paragraph a, Code 21 2021, is amended to read as follows: 22 a. Not more than twenty-nine eighteen days before the date 23 of an election, satellite absentee voting stations may be 24 established throughout the cities and county at the direction 25 of the commissioner and shall be established upon receipt 26 of a petition signed by not less than one hundred eligible 27 electors requesting that a satellite absentee voting station 28 be established at a location to be described on the petition. 29 However, if a special election is scheduled in the county on a 30 date that falls between the date of the regular city election 31 and the date of the city runoff election, the commissioner is 32 not required to establish a satellite absentee voting station 33 for the city runoff election. 34 Sec. 39. Section 53.17, subsection 1, paragraph b, Code 35 -18- LSB 2298SV (1) 89 ss/jh 18/ 36

S.F. 413 2021, is amended to read as follows: 1 b. The sealed return envelope may be mailed to the 2 commissioner by the registered voter or by the voter’s 3 designee. If mailed by the voter’s designee, the envelope 4 must be mailed within seventy-two hours of retrieving it from 5 the voter or within time to be postmarked or, if applicable, 6 to have the postal service barcode traced to a date of entry 7 into the federal mail system not later than the day before the 8 election, as provided in section 53.17A , whichever is earlier. 9 Sec. 40. Section 53.17, subsection 1, Code 2021, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . c. The sealed return envelope may be 12 delivered by a person not prohibited to collect and deliver a 13 completed ballot pursuant to section 53.33 to a ballot drop 14 box established by the commissioner no later than the time the 15 polls are closed on election day. However, if delivered by 16 the voter’s designee, the envelope shall be delivered within 17 seventy-two hours of retrieving it from the voter or before the 18 closing of the polls on election day, whichever is earlier. A 19 commissioner is not required to establish a ballot drop box. A 20 ballot drop box must meet all of the following requirements: 21 (1) A commissioner shall not establish more than one 22 ballot drop box, which shall be located at the office of 23 the commissioner, or on property owned and maintained by the 24 county that directly surrounds the building where the office 25 is located. For the purposes of this subparagraph, “office of 26 the commissioner” means a location where a voter may receive 27 services pursuant to section 48A.17, 50.20, 53.10, or 53.18. 28 (2) The ballot drop box shall not be used for any purpose 29 other than the collection of absentee ballots. 30 (3) The commissioner shall implement all reasonable 31 and necessary measures to ensure that the ballot drop box 32 is accessible and secure. Security measures may include 33 placing the ballot drop box in a place regularly viewed by the 34 commissioner or the commissioner’s staff. 35 -19- LSB 2298SV (1) 89 ss/jh 19/ 36

S.F. 413 (4) A video surveillance system shall be used to monitor all 1 activity at the ballot drop box at all times while the ballot 2 drop box is in place. The system shall create a recording, 3 which shall be reviewed by the state commissioner, county 4 attorney, and law enforcement in the event that misconduct 5 occurs. 6 (5) A ballot drop box shall be available no sooner than the 7 time that absentee ballots are allowed to be mailed pursuant 8 to section 53.8. The ballot drop box shall be removed or 9 restricted from accepting deliveries immediately upon the 10 closure of polls on election day. 11 (6) While available, a ballot drop box shall be securely 12 fastened to a stationary surface or an immovable object. 13 (7) The ballot drop box shall be secured by a lock and shall 14 include a tamper-evident seal. Only the commissioner or an 15 employee of the commissioner shall have access to the means to 16 unfasten the lock. 17 (8) Materials delivered to the ballot drop box shall be 18 retrieved in an expeditious manner, but no less often than four 19 times per day. 20 (9) The commissioner shall maintain a log of each time 21 materials are retrieved from the ballot drop box, including the 22 date and time materials were retrieved, and the name of the 23 person who retrieved the materials. The commissioner or the 24 commissioner’s employee shall record on the ballot, near the 25 portion of the envelope including the affidavit signed by the 26 voter, that the materials were retrieved from a drop box, the 27 date and time of the retrieval, and the initials of the person 28 who retrieved the materials. 29 (10) A ballot retrieved from a ballot drop box shall be 30 processed in the same manner as a ballot returned pursuant to 31 paragraph “a” . 32 Sec. 41. Section 53.17, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. In order for the ballot to be counted, the return 35 -20- LSB 2298SV (1) 89 ss/jh 20/ 36

S.F. 413 envelope must be received in the commissioner’s office before 1 the polls close on election day or be clearly postmarked by an 2 officially authorized postal service or bear a postal service 3 barcode traceable to a date of entry into the federal mail 4 system not later than the day before the election, as provided 5 in section 53.17A , and received by the commissioner not later 6 than noon on the Monday following the election. 7 Sec. 42. Section 53.17, subsection 4, paragraph f, Code 8 2021, is amended to read as follows: 9 f. A statement that the completed absentee ballot will 10 be delivered to the commissioner’s office within seventy-two 11 hours of retrieving it from the voter or before the closing of 12 the polls on election day, whichever is earlier, or that the 13 completed absentee ballot will be mailed to the commissioner 14 within seventy-two hours of retrieving it from the voter or 15 within time to be postmarked or, if applicable, to have the 16 postal service barcode traced to a date of entry into the 17 federal mail system not later than the day before the election, 18 as provided in section 53.17A , whichever is earlier. 19 Sec. 43. Section 53.17, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 5. For the purposes of this section, 22 “voter’s designee” means a person not prohibited to collect and 23 deliver a completed ballot pursuant to section 53.33. 24 Sec. 44. Section 53.17A, subsection 2, paragraphs a and b, 25 Code 2021, are amended by striking the paragraphs. 26 Sec. 45. Section 53.17A, subsection 3, paragraph b, Code 27 2021, is amended to read as follows: 28 b. (1) If the postmark indicates that the absentee ballot 29 entered the federal mail system by the deadline specified 30 in section 53.17 or 53.22 , the ballot shall be included for 31 canvass by the absentee and special voters precinct board. 32 (2) If the postmark is illegible, missing, or dated on 33 or after election day, the The commissioner shall attempt 34 to verify the ballot’s date of entry into the federal mail 35 -21- LSB 2298SV (1) 89 ss/jh 21/ 36

S.F. 413 system by querying the postal service barcode in the tracking 1 information database. If the tracking information database 2 indicates that the absentee ballot entered the federal mail 3 system by the deadline specified in section 53.17 or 53.22 , 4 the ballot shall be included for canvass by the absentee and 5 special voters precinct board. A postmark shall not be used 6 to verify the date the absentee ballot entered the federal 7 mail system. The commissioner shall provide a report to the 8 absentee and special voters precinct board regarding the 9 information available in the tracking information database. 10 (3) If there is a discrepancy between the date indicated by 11 the postmark and the postal service barcode, the earlier of the 12 two shall determine the date of entry of the absentee ballot 13 into the federal mail system. 14 (4) (2) (a) If neither the postmark nor the postal service 15 barcode indicates does not indicate that the absentee ballot 16 entered the federal mail system by the deadline specified in 17 section 53.17 or 53.22 , the absentee ballot shall be sent to 18 the absentee and special voters precinct board pursuant to 19 subparagraph division (b) with the numeric value assigned to 20 the postal service barcode and a full report from the tracking 21 information database. 22 (b) Up to five absentee and special voters precinct board 23 members from each political party for partisan elections, 24 or any two members of the board for nonpartisan elections, 25 shall review the postal service barcode and tracking database 26 information report of each absentee ballot submitted pursuant 27 to subparagraph division (a) and certify that the tracking 28 information database report corresponds to the absentee ballot 29 by initialing the report and the absentee ballot envelope. 30 If the board concludes that the postal service barcode and 31 tracking information database report verify that the absentee 32 ballot entered the federal mail system by the deadline 33 specified in section 53.17 or 53.22 , the ballot shall be 34 counted. Otherwise, the ballot shall not be counted. 35 -22- LSB 2298SV (1) 89 ss/jh 22/ 36

S.F. 413 Sec. 46. Section 53.18, subsection 2, Code 2021, is amended 1 to read as follows: 2 2. a. If the commissioner receives the return envelope 3 containing the completed absentee ballot by 5:00 p.m. on the 4 Saturday before the election for general elections and by 5:00 5 p.m. on the Friday before the election for all other elections, 6 the commissioner shall review the affidavit marked on the 7 return envelope, if applicable, for completeness or shall open 8 the return envelope to review the affidavit for completeness. 9 If the affidavit is incomplete, the commissioner shall, within 10 twenty-four hours of the time the envelope was received, notify 11 the voter of that fact and that the voter may complete the 12 affidavit in person at the office of the commissioner by 5:00 13 p.m. on the day before the election, vote a replacement ballot 14 in the manner and within the time period provided in subsection 15 3 , or appear at the voter’s precinct polling place on election 16 day and cast a ballot in accordance with section 53.19, 17 subsection 3 . If the affidavit lacks the signature of the 18 registered voter, the commissioner shall, within twenty-four 19 hours of the receipt of the envelope, notify the voter of the 20 deficiency and inform the voter that the voter may vote a 21 replacement ballot as provided in subsection 3, cast a ballot 22 as provided in section 53.19, subsection 3, or complete the 23 affidavit in person at the office of the commissioner not later 24 than the time polls close on election day. 25 b. If the commissioner receives the return envelope 26 containing the completed absentee ballot after the deadline 27 in paragraph “a” , the commissioner shall submit the affidavit 28 to the absentee and special voters precinct board for review. 29 If the absentee and special voters precinct determines that 30 the affidavit is incomplete, the commissioner shall, within 31 twenty-four hours of the determination, notify the voter. If 32 the affidavit lacks the signature of the registered voter, the 33 commissioner shall notify the voter that the voter may complete 34 the affidavit in person at the office of the commissioner 35 -23- LSB 2298SV (1) 89 ss/jh 23/ 36

S.F. 413 not later than noon on the Monday following the election, or 1 if the law authorizing the election specifies that the votes 2 be canvassed earlier than the Monday following the election, 3 before the canvass of the election. 4 Sec. 47. Section 53.18, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 04. For the purposes of this section, a 7 return envelope marked with the affidavit shall be considered 8 incomplete if the affidavit lacks the registered voter’s 9 signature. A signature or marking made in accordance with 10 section 39.3, subsection 17, shall not cause an affidavit to be 11 considered incomplete. 12 Sec. 48. Section 53.19, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. The commissioner shall maintain a list of the absentee 15 ballots provided to registered voters, the serial number 16 appearing on the unsealed envelope, the date the application 17 for the absentee ballot was received, and the date the absentee 18 ballot was sent to the registered voter requesting the absentee 19 ballot , the date the absentee ballot was received by the 20 commissioner, the date the absentee ballot outer envelope 21 was opened, and whether the ballot was delivered by mail, 22 in person, or cast in person at a satellite location. The 23 information under this subsection shall be reported separately 24 at the same time as the information reported under section 25 53.30, subsection 3 . 26 Sec. 49. Section 53.22, subsection 3, Code 2021, is amended 27 to read as follows: 28 3. Any registered voter who becomes a patient, tenant, or 29 resident of a hospital, assisted living program, or health care 30 facility in the county where the voter is registered to vote 31 within three days prior to the date of any election after the 32 deadline to make a written application for an absentee ballot 33 as provided in section 53.2 or on election day may request an 34 absentee ballot during that period or on election day. As an 35 -24- LSB 2298SV (1) 89 ss/jh 24/ 36

S.F. 413 alternative to the application procedure prescribed by section 1 53.2 , the registered voter may make the request directly to 2 the officers who are delivering and returning absentee ballots 3 under this section . Alternatively, the request may be made by 4 telephone to the office of the commissioner not later than four 5 hours before the close of the polls. If the requester is found 6 to be a registered voter of that county, these officers shall 7 deliver the appropriate absentee ballot to the registered voter 8 in the manner prescribed by this section . 9 Sec. 50. Section 53.22, subsection 6, Code 2021, is amended 10 to read as follows: 11 6. a. If the registered voter becomes a patient, tenant, or 12 resident of a hospital, assisted living program, or health care 13 facility outside the county where the voter is registered to 14 vote within three days before the date of any election after 15 the deadline to make a written application for an absentee 16 ballot as provided in section 53.2 or on election day, the 17 voter may designate a person to deliver and return the absentee 18 ballot. The designee may be any person the voter chooses 19 except that no candidate for any office to be voted upon for 20 the election for which the ballot is requested may deliver a 21 ballot under this subsection shall be a person not prohibited 22 to collect and deliver a completed ballot pursuant to section 23 53.33 . The request for an absentee ballot may be made by 24 telephone to the office of the commissioner not later than four 25 hours before the close of the polls. If the requester is found 26 to be a registered voter of that county, the ballot shall be 27 delivered by mail or by the person designated by the voter. An 28 application form shall be included with the absentee ballot and 29 shall be signed by the voter and returned with the ballot. 30 b. Absentee ballots voted under this subsection shall be 31 delivered to the commissioner no later than the time the polls 32 are closed on election day. If the ballot is returned by mail 33 the return envelope must be received by the time the polls 34 close, or be clearly postmarked by an officially authorized 35 -25- LSB 2298SV (1) 89 ss/jh 25/ 36

S.F. 413 postal service or bear a postal service barcode traceable to a 1 date of entry into the federal mail system not later than the 2 day before the election, as provided in section 53.17A , and 3 received by the commissioner no later than the time established 4 for the canvass by the board of supervisors for that election. 5 Sec. 51. Section 53.30, Code 2021, is amended to read as 6 follows: 7 53.30 Ballots, ballot envelopes, and other information 8 preserved. 9 1. At the conclusion of each meeting of the absentee and 10 special voter precinct board, the board shall reconcile the 11 number of signed affidavits provided to the board by the 12 commissioner and the number of ballots that were counted and 13 tabulated. The board shall record the number of ballots that 14 were rejected prior to opening the affidavit envelope, the 15 number of absentee ballots that have been challenged and are 16 currently unopened, and the number of absentee ballots that 17 were accepted for counting and tabulation. The board shall 18 also reconcile the number of provisional ballots provided 19 to the board by the commissioner, the number of provisional 20 ballots that were accepted for counting and tabulation, and the 21 number of provisional ballots that were rejected. 22 2. At the conclusion of each meeting of the absentee and 23 special voters precinct board, the board shall securely seal 24 all ballots counted by them in the manner prescribed in section 25 50.12 . The ballot envelopes, including the affidavit envelope 26 if an affidavit envelope was provided, the return envelope, and 27 secrecy envelope bearing the signatures of precinct election 28 officials, as required by section 53.23 , shall be preserved. 29 All applications for absentee ballots, ballots rejected without 30 being opened, absentee ballot logs, and any other documents 31 pertaining to the absentee ballot process shall be preserved 32 until such time as the documents may be destroyed pursuant to 33 section 50.19 . 34 3. Following each primary and general election, 35 -26- LSB 2298SV (1) 89 ss/jh 26/ 36

S.F. 413 commissioners shall report to the state commissioner the 1 number of voted absentee ballots received by the commissioner, 2 the total number of absentee ballots counted and tabulated 3 by the board, and the number of absentee ballots rejected by 4 the board. The commissioner shall also provide the number of 5 provisional ballots cast, the number of provisional ballots 6 rejected, and the number of provisional ballots that were 7 counted and tabulated by the board. 8 Sec. 52. NEW SECTION . 53.33 Unlawful return of ballot. 9 Notwithstanding any provision of law to the contrary, no 10 person other than the registered voter or an individual who 11 lives in the same household as the registered voter, the 12 registered voter’s immediate family member, an individual 13 serving as a caretaker for the registered voter, or an 14 individual pursuant to section 53.22 shall collect a completed 15 ballot and return the ballot by mail or in person to the county 16 auditor’s office or other election location. A violation of 17 this section constitutes election misconduct in the third 18 degree under section 39A.4. 19 Sec. 53. Section 66.1A, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 8. For failure to pay a fine imposed 22 pursuant to section 39A.6 and not dismissed pursuant to chapter 23 17A. 24 Sec. 54. Section 69.14A, subsection 2, paragraph a, 25 subparagraphs (1) and (2), Code 2021, are amended to read as 26 follows: 27 (1) The appointment shall be for the period until the 28 next pending election as defined in section 69.12 general 29 election , and shall be made within forty days after the vacancy 30 occurs. If the board of supervisors chooses to proceed under 31 this paragraph, the board shall publish notice in the manner 32 prescribed by section 331.305 stating that the board intends 33 to fill the vacancy by appointment but that the electors of 34 the county have the right to file a petition requiring that 35 -27- LSB 2298SV (1) 89 ss/jh 27/ 36

S.F. 413 the vacancy be filled by special election. The board may 1 publish notice in advance if an elected official submits a 2 resignation to take effect at a future date. The board may 3 make an appointment to fill the vacancy after the notice is 4 published or after the vacancy occurs, whichever is later. A 5 person appointed to an office under this subsection , except for 6 a county attorney, shall have actually resided in the county 7 which the appointee represents sixty days prior to appointment. 8 A person appointed to the office of county attorney shall be a 9 resident of the county at the time of appointment. 10 (2) However, if within fourteen days after publication 11 of the notice or within fourteen days after the appointment 12 is made, a petition is circulated and filed with the county 13 auditor requesting a special election to fill the vacancy, 14 the appointment is temporary and a special election shall be 15 called as provided in paragraph “b” . The petition shall meet 16 the requirements of section 331.306 . A signature shall not be 17 considered valid if the signature is dated prior to the date on 18 which the appointment was made. 19 Sec. 55. Section 69.14A, subsection 2, paragraph b, 20 subparagraph (1), Code 2021, is amended to read as follows: 21 (1) The board of supervisors may, on its own motion, or 22 shall, upon receipt of a petition as provided in paragraph 23 “a” , call for a special election to fill the vacancy in lieu 24 of appointment. The supervisors shall order the special 25 election at the earliest practicable date, but giving at least 26 thirty-two days’ notice of the election. A special election 27 called under this section shall be held on a Tuesday and shall 28 not be held on the same day as a school election within the 29 county . 30 Sec. 56. Section 331.756, Code 2021, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 75. Bring actions under chapter 66 for 33 failure to pay fines imposed pursuant to section 39A.6 and not 34 dismissed pursuant to chapter 17A. 35 -28- LSB 2298SV (1) 89 ss/jh 28/ 36

S.F. 413 Sec. 57. EFFECTIVE DATE. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 Sec. 58. APPLICABILITY. The following apply to all 3 candidates seeking election to an office that will appear on a 4 ballot in or after 2022: 5 1. The sections of this Act amending section 43.20. 6 2. The section of this Act amending section 44.1. 7 3. The section of this Act amending section 45.1. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the conduct of elections. 12 The bill allows the state commissioner of elections to issue 13 guidance outside of the rulemaking process to clarify election 14 laws and rules. The bill makes failure to follow or implement 15 such guidance election misconduct in the first degree, which 16 is a class “D” felony. A class “D” felony is punishable by 17 confinement for no more than five years and a fine of at least 18 $1,025 but not more than $10,245. The bill also makes the 19 failure to perform election duties and performance of election 20 duties in such a way as to hinder or disregard the object of the 21 law election misconduct in the first degree. 22 The bill makes interference by a precinct election official 23 or county commissioner with a person who is allowed to be at a 24 polling place election misconduct in the third degree, which 25 is a serious misdemeanor. A serious misdemeanor is punishable 26 by confinement for no more than one year and a fine of at least 27 $430 but not more than $2,560. 28 The bill expressly grants state and local law enforcement 29 agencies the authority to take all reasonable actions to 30 prevent the violation of Code chapter 50 (canvass of votes). 31 The bill makes failure to adequately perform voter list 32 maintenance by an election official election misconduct in 33 the second degree, an aggravated misdemeanor. An aggravated 34 misdemeanor is punishable by confinement for no more than two 35 -29- LSB 2298SV (1) 89 ss/jh 29/ 36

S.F. 413 years and a fine of at least $855 but not more than $8,540. 1 The bill allows a county commissioner of elections to 2 establish a single drop box where voters can return completed 3 absentee ballots. The bill requires the drop box to be located 4 at or near the office of the county commissioner and sets 5 certain requirements regarding the security, maintenance, and 6 documentation of ballot drop boxes. The bill makes conforming 7 changes regarding the return of absentee ballots. 8 The bill requires the state commissioner of elections to 9 issue a fine of up to $10,000, to be paid into the general 10 fund, to a county commissioner of elections when the state 11 commissioner issues a technical infraction to a county 12 commissioner. A county commissioner shall pay or appeal the 13 fine within 60 days. A county commissioner who fails to pay a 14 fine that is not dismissed within 60 days shall be suspended 15 from office for no longer than two years. If a county 16 commissioner is suspended from office, the state commissioner 17 shall direct the deputy county commissioner to fulfill the 18 duties of the office, and the state commissioner may direct 19 the state commissioner’s staff to assist the deputy county 20 commissioner. The bill also requires the state commissioner 21 to report a technical infraction to the attorney general and 22 relevant county attorney if the infraction constitutes or 23 may constitute election misconduct. The attorney general or 24 county attorney shall report the results of the investigation 25 to the state commissioner of elections and explain whether the 26 attorney will pursue charges. 27 The bill requires the attorney general or county attorney 28 to investigate allegations of election misconduct, and to 29 investigate misconduct by election officials for prosecution 30 under Code chapter 721 (official misconduct). 31 The bill prohibits a person who has been nominated by a 32 political party from being nominated by a nonparty political 33 organization for the same office in the same election. 34 The bill changes the number of signatures required to be 35 -30- LSB 2298SV (1) 89 ss/jh 30/ 36

S.F. 413 received for the nomination of candidates for partisan office 1 to be the same as provided for in Code section 45.1. The bill 2 sets the signature requirements for candidates for president 3 and vice president, governor and lieutenant governor, and 4 United States senator to 3,500 signatures, with at least 100 5 signatures each from at least 19 counties; for other statewide 6 offices to 2,500 signatures, with at least 77 signatures each 7 from at least 18 counties; and for representative in the United 8 States house of representatives to 1,726 signatures, with at 9 least 47 signatures from at least half of the counties in the 10 congressional district. 11 The bill changes the required convention or caucus size for 12 nominees from nonparty political organizations. 13 The bill prohibits county commissioners of elections from 14 exercising home rule powers with respect to the administration 15 of elections. 16 The bill requires the state registrar of voters to verify 17 each record in the statewide voter registration file in 18 the first quarter of each calendar year. The verification 19 procedure shall include cross-referencing the records in 20 the statewide voter registration file with similar records 21 maintained by other states. If the state registrar identifies 22 an invalid registration, the state registrar shall cancel that 23 registration. The bill requires the state registrar to submit 24 a report to the general assembly by April 30 of each year 25 regarding the number of registrations canceled pursuant to the 26 provisions of the bill. The state registrar shall also post 27 the report on the state registrar’s internet site. 28 The bill allows the state registrar to contract with a 29 third-party vendor to develop or provide a program to allow 30 the state registrar to verify the status of records in the 31 statewide voter registration file and identify ineligible 32 voters on an ongoing basis. 33 The bill changes the earliest date before an election on 34 which a registered voter may request an absentee ballot from 35 -31- LSB 2298SV (1) 89 ss/jh 31/ 36

S.F. 413 120 days before the election to 70 days before the election. 1 The bill prohibits county commissioners of elections from 2 sending an absentee ballot application to a voter. In the 3 event of a public health disaster declared by the governor, the 4 bill allows the general assembly to, by resolution, direct the 5 state commissioner to send an absentee ballot application to 6 each registered voter prior to a primary or general election 7 held in an even-numbered year. If the general assembly is 8 not is session, the bill allows the legislative council to so 9 direct the state commissioner by a majority vote. 10 The bill prohibits an absentee ballot application from being 11 provided to a voter with any information other than the date 12 and type of election prefilled. The bill requires a county 13 commissioner who receives an application for an absentee ballot 14 between 5:00 p.m. on the 11th day before an election and 5:00 15 p.m. on the 7th day before an election to notify the registered 16 voter within 24 hours that the application cannot be processed 17 and provide options for the registered voter to participate in 18 the election. 19 The bill requires the state commissioner of elections to 20 publish daily reports regarding absentee ballots during the 21 duration of certain elections. The bill requires county 22 commissioners of elections to provide any necessary information 23 for such reports to the state commissioner of elections. 24 The bill requires the state registrar of voters to use 25 information from the electronic registration information center 26 to update information in the statewide voter registration 27 system. The bill enumerates certain reports that the state 28 registrar of voters is required to use. 29 The bill requires each county commissioner of registration 30 to participate in the United States postal service national 31 change of address program. The bill requires the county 32 commissioner to send a notice to and mark as inactive a voter 33 who has not participated in the most recent general election 34 and who has not reported a change of address or registered 35 -32- LSB 2298SV (1) 89 ss/jh 32/ 36

S.F. 413 again. Current law requires that such voters be marked 1 inactive after having not voted in two consecutive general 2 elections. The bill repeals an alternative to participation in 3 the national change of address program. 4 The bill requires each commissioner of registration to 5 annually submit to the state registrar of voters a report 6 regarding voter registration maintenance activities. The state 7 registrar of voters shall publish such reports on the internet 8 site of the state registrar of voters. 9 The bill requires the state registrar of voters to conduct 10 an audit of the voter registration maintenance activities of 11 each county commissioner of registration in April of each 12 odd-numbered year. If the state registrar of voters discovers 13 that a county commissioner of registration has failed to 14 perform adequate maintenance activities, the state registrar of 15 voters shall transmit the audit to the relevant county attorney 16 and attorney general for investigation of election misconduct. 17 The bill allows the state commissioner of elections to 18 oversee the activities of a county commissioner of elections 19 during a period beginning 60 days before an election and ending 20 60 days after an election. The state commissioner may correct 21 any activity not in accordance with law, including by the 22 issuance of technical infractions. 23 The bill requires that a person serving on a precinct 24 election board for an election including partisan offices or 25 for an election in which candidates’ names appear under the 26 heading of political parties who changes party affiliation 27 within 30 days before an election shall be immediately removed 28 from the board and replaced with a substitute. 29 The bill prohibits a voter from selecting as a person to 30 assist the voter in casting a ballot at the polling place a 31 person who is standing for election on the ballot. 32 The bill changes the earliest date before an election on 33 which a county commissioner of elections may mail an absentee 34 ballot from 29 days before the election to 18 days before the 35 -33- LSB 2298SV (1) 89 ss/jh 33/ 36

S.F. 413 election. The bill strikes a provision altering the first 1 day on which an absentee ballot may be mailed when the United 2 States post office is closed and not delivering mail on that 3 day. 4 The bill prohibits the county commissioner of elections 5 and state commissioner of elections from mailing an absentee 6 ballot to a person who has not submitted an application for an 7 absentee ballot. 8 The bill repeals a provision allowing a county commissioner 9 of elections to establish satellite absentee voting locations 10 at the commissioner’s discretion. The bill does not alter 11 a provision requiring a county commissioner of elections to 12 establish satellite absentee voting locations upon receipt of 13 a petition. 14 The bill changes the earliest date on which a person can vote 15 absentee in person at the county commissioner’s office from 29 16 days before an election to 18 days before an election. 17 The bill removes a postmark as a method by which the date on 18 which an absentee ballot was mailed may be verified. The bill 19 prohibits a postmark from being used for such purpose. 20 The bill removes certain requirements that county 21 commissioners of elections must meet before implementing or 22 discontinuing the use of a postal service barcode for the 23 purpose of tracking absentee ballots. 24 The bill changes the process for a county commissioner to 25 notify a voter that an absentee ballot affidavit is incomplete. 26 The bill requires a county commissioner to notify a voter 27 within 24 hours of receipt of an affidavit lacking a signature 28 that the voter may vote a replacement ballot, cast a ballot 29 at the polls, or complete the affidavit at the office of the 30 county commissioner. If the county commissioner receives 31 an absentee ballot after 5:00 p.m. on the Saturday before 32 a general election or after 5:00 p.m. on the Friday before 33 any other election, the county commissioner shall submit the 34 affidavit to the special voters precinct board. If the board 35 -34- LSB 2298SV (1) 89 ss/jh 34/ 36

S.F. 413 finds that the affidavit is incomplete, the county commissioner 1 shall notify the voter that the voter may complete the 2 affidavit in person at the county commissioner’s office. The 3 bill defines an incomplete affidavit as one lacking the voter’s 4 signature. 5 The bill adds the date the absentee ballot was received by 6 the county commissioner, the date the absentee ballot outer 7 envelope was opened, and how the ballot was delivered to 8 the county commissioner to the information that the county 9 commissioner must maintain regarding absentee ballots. The 10 bill requires such information to be reported to the state 11 commissioner of elections. 12 The bill allows a person who becomes a patient, tenant, or 13 resident of a hospital, assisted living program, or health 14 care facility in the county where the voter is registered to 15 vote after the deadline to make a written application for an 16 absentee ballot to request an absentee ballot by phone or in 17 person to election officers delivering or collecting such 18 ballots. 19 The bill requires the absentee and special voter precinct 20 board to reconcile the number of signed affidavits provided 21 by the county commissioner of elections with the number of 22 ballots counted and tabulated by the board, as well as the 23 number of provisional ballots provided to the board, the number 24 rejected by the board, and the number counted and tabulated by 25 the board. The board shall also record the number of ballots 26 rejected prior to opening the affidavit envelope, the number 27 of absentee ballots that have been challenged and remain 28 unopened, and the number of absentee ballots that were accepted 29 for counting and tabulation. Following each primary and 30 general election, the bill requires the county commissioner to 31 report to the state commissioner certain information regarding 32 absentee ballots. 33 The bill prohibits a person other than a registered voter, 34 the registered voter’s immediate family member, an individual 35 -35- LSB 2298SV (1) 89 ss/jh 35/ 36

S.F. 413 in the voter’s household, an individual acting as a caretaker 1 for the registered voter, or an election official assisting 2 a confined person from collecting and returning a completed 3 absentee ballot, including to a ballot drop box. A person who 4 violates this provision of the bill commits election misconduct 5 in the third degree and is guilty of a serious misdemeanor. A 6 serious misdemeanor is punishable by confinement for no more 7 than one year and a fine of at least $430 but not more than 8 $2,560. 9 The bill changes the period of appointment for a person 10 appointed to fill a vacancy in an elected county office from 11 until the next pending election to until the next general 12 election. For petitions requesting a special election to fill 13 the vacancy, the bill requires a petition to be circulated and 14 filed within 14 days after the appointment. The bill requires 15 signatures on such a petition to be dated on or after the 16 date of the appointment. The bill repeals a prohibition on a 17 special election to fill a vacancy in a county elected office 18 being held on the same day as a school election within the 19 county. 20 The bill takes effect upon enactment. The provisions of the 21 bill relating to nominations of candidates apply to candidates 22 seeking election to an office on a ballot in or after 2022. 23 -36- LSB 2298SV (1) 89 ss/jh 36/ 36