House File 2498 - Introduced HOUSE FILE 2498 BY JAMES , MADISON , STAED , LEVIN , NIELSEN , BROWN-POWERS , EHLERT , WILSON , KURTH , GAINES , KRESSIG , FORBES , GJERDE , BAGNIEWSKI , CROKEN , WILBURN , WESSEL-KROESCHELL , SCHOLTEN , and KONFRST A BILL FOR An Act relating to election misconduct, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5713YH (3) 90 ss/ns

H.F. 2498 Section 1. Section 39A.2, subsection 1, paragraph c, Code 1 2024, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (5) To perform the person’s duties as an 3 election official under chapters 39 through 53. 4 Sec. 2. Section 39A.2, subsection 1, paragraph f, Code 2024, 5 is amended to read as follows: 6 f. Voting equipment tampering. Intentionally alters or 7 damages any computer software or any physical part of voting 8 equipment, automatic tabulating equipment, or any other part 9 of a voting system , including by creating or disclosing an 10 electronic image of the hard drive of a voting system except 11 as otherwise authorized by law . 12 Sec. 3. Section 39A.3, subsection 1, paragraph c, Code 2024, 13 is amended to read as follows: 14 c. Miscellaneous offenses. 15 (1) Uses voter registration information, including resale 16 or redistribution of the voter registration list without 17 written permission of the state registrar, for purposes other 18 than those permitted by section 48A.39 . 19 (2) Accesses the statewide voter registration system 20 without permission of the state registrar or accesses the 21 statewide voter registration system with the purpose of 22 altering a record contained in the statewide voter registration 23 system. 24 Sec. 4. Section 39A.4, subsection 1, paragraph c, Code 2024, 25 is amended by adding the following new subparagraphs: 26 NEW SUBPARAGRAPH . (12) Intentionally hindering, 27 interfering with, or preventing an election official in the 28 performance of the election official’s duties under chapters 39 29 through 53, including by physically obstructing the movement 30 of an election official. 31 NEW SUBPARAGRAPH . (13) Knowingly and without consent 32 making publicly available personal information about an 33 election official or an election official’s family or 34 household member if the dissemination poses an imminent 35 -1- LSB 5713YH (3) 90 ss/ns 1/ 4

H.F. 2498 and serious threat to the election official or the election 1 official’s family or household member and the person making the 2 information publicly available knows or reasonably should know 3 of an imminent and serious threat. 4 Sec. 5. NEW SECTION . 39A.8 Election officials —— removal. 5 1. A county commissioner may remove an election official 6 employed by the county commissioner at any time if the 7 election official engages in a neglect of duty, malfeasance, or 8 misconduct, or for any other reason. 9 2. The state commissioner may remove an election official 10 employed by the state commissioner at any time if the election 11 official engages in a neglect of duty, malfeasance, or 12 misconduct, or for any other reason. 13 Sec. 6. NEW SECTION . 39A.9 Civil penalty. 14 1. In addition to any other penalty provided by law, an 15 election official injured by a violation of this chapter 16 may bring a civil action for injunctive relief, damages, or 17 both. In addition to any other damages, a court may impose a 18 civil penalty of not more than one thousand dollars for each 19 violation. Civil penalties collected under this section shall 20 be deposited in the general fund of the state. 21 2. A court may, in its discretion, award all or a portion of 22 the costs of litigation, including reasonable attorney fees and 23 witness fees, to the complainant. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to election misconduct. The bill 28 makes intimidation of election officials and the creation 29 or disclosure of an electronic image of the hard drive of a 30 voting system, except as otherwise authorized by law, election 31 misconduct in the first degree, a class “D” felony. A class 32 “D” felony is punishable by confinement for no more than five 33 years and a fine of at least $1,025 but not more than $10,245. 34 The bill makes accessing the statewide voter registration 35 -2- LSB 5713YH (3) 90 ss/ns 2/ 4

H.F. 2498 system without permission of the state registrar or with the 1 purpose of altering a record contained in the statewide voter 2 registration system, election misconduct in the second degree, 3 an aggravated misdemeanor. An aggravated misdemeanor is 4 punishable by confinement for no more than two years and a fine 5 of at least $855 but not more than $8,540. 6 The bill makes intentionally hindering, interfering with, 7 or preventing an election official in the performance of 8 the election official’s duties, including by physically 9 obstructing an election official, election misconduct in the 10 third degree. The bill also makes knowingly and without 11 consent making publicly available the personal information 12 of an election official or an election official’s family or 13 household member, if the dissemination poses an imminent 14 and serious threat to the election official or the election 15 official’s family or household member and the person making the 16 information publicly available knows or reasonably should know 17 of an imminent and serious threat, election misconduct in the 18 third degree. Election misconduct in the third degree is a 19 serious misdemeanor. A serious misdemeanor is punishable by 20 confinement for no more than one year and a fine of at least 21 $430 but not more than $2,560. 22 The bill allows a county commissioner of elections or the 23 state commissioner of elections to remove an election official 24 employed by the county commissioner or state commissioner 25 if the election official engages in a neglect of duty, 26 malfeasance, or misconduct, or for any other reason. The bill 27 also allows an election official injured by a violation of Code 28 chapter 39A (election misconduct) to bring a civil action for 29 injunctive relief, damages, or both. In addition to any other 30 damages, the bill allows a court to impose a civil penalty of 31 up to $1,000 for each violation of Code chapter 39A, to be 32 deposited in the general fund of the state. The court may 33 also, in its discretion, award all or a portion of the costs 34 of litigation, including reasonable attorney fees and witness 35 -3- LSB 5713YH (3) 90 ss/ns 3/ 4

H.F. 2498 fees, to the complainant. 1 -4- LSB 5713YH (3) 90 ss/ns 4/ 4