HF 470 (LSB 2089HV (1) 90)

HOUSE FILE 470

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 356)

A BILL FOR

An Act relating to the conduct of elections, including provisions related to absentee ballots, recounts, and contested gubernatorial elections and impeachments, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.56, subsection 1, paragraph c, Code 2023, is amended to read as follows:
   c.  A third person mutually agreeable to the board members designated by the candidates One person who is a precinct election official selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
    Sec. 2.  Section 43.78, subsection 5, paragraph b, Code 2023, is amended to read as follows:
   b.  In the office of the appropriate commissioner, at least sixty-four sixty-seven days before the date of the election.
    Sec. 3.  Section 43.92, Code 2023, is amended to read as follows:
   43.92  Date of caucus published.
   1.  The date, time, and place of each precinct caucus of a political party shall be published at least twice in at least one newspaper of general circulation in the precinct. The first publication shall be made not more than fifteen days nor less than seven days before the date of the caucus and the second shall be made not more than seven days before and not later than the date of the caucus. Such publication shall also state in substance that each voter affiliated with the specified political party may attend the precinct caucus. Publication in a news item or advertisement in such newspaper shall constitute publication for the purposes of this section. The cost of such publication, if any, shall be paid by the political party.
   2.  a.  In lieu of the requirement to publish a notice in a newspaper of general circulation in the precinct, a political party may publish the notice in its entirety on the political party’s internet site, if the political party maintains an internet site. The notice shall include all information otherwise required to be contained in the publication and shall comply with all requirements relating to the date of publication.
   b.  In posting and maintaining a notice on a political party’s internet site, the political party shall satisfy all of the following requirements:
   (1)  The internet site shall be available and easily accessible at all times by the public.
   (2)  The public shall not be charged for access to any notice posted on the internet site pursuant to this subsection.
   (3)  The notice shall be maintained and accessible through the same internet site address for as long as required by law or as long as such information is customarily maintained by the political party, whichever is longer.
   c.  Compliance with the requirements of this subsection shall constitute compliance with the newspaper publication requirements in subsection 1.
    Sec. 4.  Section 48A.14, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A challenger shall post a bond at the time of filing a challenge in an amount to be determined by the commissioner that is sufficient to cover the costs of verifying the registration of the challenged registrant. If the commissioner determines that the challenged registrant’s registration is invalid, the bond shall be returned to the challenger. In all other cases, the bond shall be deposited in the election fund of the county of the commissioner with whom it was filed.
    Sec. 5.  Section 49.53, subsection 1, Code 2023, is amended to read as follows:
   1.  The commissioner shall not less than four nor more than twenty thirty days before the day of each election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall list the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The notice shall also state the date of the election, the hours the polls will be open, that each voter is required to provide identification at the polling place before the voter can receive and cast a ballot, the location of each polling place at which voting is to occur in the election, and the names of the precincts voting at each polling place, the date the election will be audited pursuant to section 50.51, the location of the audit, and the hours during which the election will be audited. The notice shall include the full text of all public measures to be voted upon at the election. The notice may contain one or more facsimiles of the portion of the ballot containing the first arrangement of candidates as prescribed by section 49.31, subsection 2. 
    Sec. 6.  NEW SECTION.  49.76A  Electronic election register.
   1.  The commissioner may use an electronic election register in lieu of a paper register if the electronic election register is a product that has been certified for use in this state by the state commissioner.
   2.  The state commissioner shall adopt rules pursuant to chapter 17A for the implementation of this section.
    Sec. 7.  Section 50.11, subsection 1, Code 2023, is amended to read as follows:
   1.  When the canvass is completed one of the precinct election officials shall, upon request of a person at the precinct, publicly announce the total number of votes received by each of the persons voted for, the office for which the person is designated, as announced by the designated tally keepers, and the number of votes for, and the number of votes against, any proposition which shall have been submitted to a vote of the people. A precinct election official may, at the request of the commissioner who is conducting the election, communicate the election results by telephone and shall deliver the election results in person pursuant to section 50.14 to the commissioner who is conducting the election immediately upon completion of the canvass.
    Sec. 8.  Section 50.12, Code 2023, is amended to read as follows:
   50.12  Return and preservation of ballots.
   Immediately after making the proclamation, and before separating, the board members of each precinct in which votes have been received by paper ballot shall enclose in an envelope or other container all ballots which have been counted by them, except those endorsed “Rejected as double”, “Defective”, or “Objected to”, and securely seal the envelope. The signatures of all board members of the precinct shall be placed across the seal or the opening of the container so that it cannot be opened without breaking the seal. The precinct election officials shall return all the ballots to the commissioner, who shall carefully preserve them for six months. Ballots from elections for federal offices shall be preserved for twenty-two months. The sealed packages containing voted ballots shall be opened only for an official recount authorized by section 50.48, or 50.49, or 50.50, for an election contest held pursuant to chapters 57 through 62, to conduct an audit pursuant to section 50.50 or 50.51, or to destroy the ballots pursuant to section 50.19.
    Sec. 9.  Section 50.15A, Code 2023, is amended to read as follows:
   50.15A  Unofficial results of voting —— general election only.
   1.  In order to provide the public with an early source of election results before the official canvass of votes, the state commissioner of elections, in cooperation with the commissioners of elections, shall conduct an unofficial canvass of election results following the closing of the polls on the day of a regular city election, regular school election, primary election, and general election. The unofficial canvass shall report election results for national offices, statewide offices, the office of state representative, the office of state senator, and other offices or public measures at the discretion of the state commissioner of elections. The unofficial canvass shall also report the total number of ballots cast at the general election.
   2.  a.  After the polls close on election day, the commissioner of elections shall periodically provide election results to the state commissioner of elections as the precincts in the county report election results to the commissioner pursuant to section 50.11. If the commissioner determines that all precincts will not report election results before the office is closed, the commissioner shall report the most complete results available prior to leaving the office at the time the office is closed as provided in section 50.11. The commissioner shall specify the number of precincts included in the report to the state commissioner of elections and provide an explanation in writing as to why all precincts will not be reported.
   b.  The state commissioner of elections shall tabulate unofficial election results as the results are received from the commissioners of elections and shall periodically make the reports of the results available to the public.
   3.  Before the day of the general election, the state commissioner of elections shall provide a form and instructions for reporting unofficial election results pursuant to this section.
    Sec. 10.  Section 50.24, subsections 1 and 4, Code 2023, are amended to read as follows:
   1.  The county board of supervisors shall meet to canvass the vote on the first Monday or Tuesday after the day of each election to which this chapter is applicable, unless the law authorizing the election specifies another date for the canvass. If that Monday or Tuesday is a public holiday, section 4.1, subsection 34, controls.
   4.  For a regular or special city election or a city runoff election, if the city is located in more than one county, the controlling commissioner for that city under section 47.2 shall conduct a second canvass on the second Monday or Tuesday after the day of the election. However, if a recount is requested pursuant to section 50.48, the controlling commissioner shall conduct the second canvass within two business days after the conclusion of the recount proceedings. Each commissioner conducting a canvass for the city pursuant to subsection 1 shall transmit abstracts for the offices and public measures of that city to the controlling commissioner for that city, along with individual tallies for each write-in candidate. At the second canvass, the county board of supervisors of the county of the controlling commissioner shall canvass the abstracts received pursuant to this subsection and shall prepare a combined city abstract stating the number of votes cast in the city for each office and on each question on the ballot for the city election. The combined city abstract shall further indicate the name of each person who received votes for each office on the ballot, the number of votes each person named received for that office, and the number of votes for and against each question submitted to the voters at the election. The votes of all write-in candidates who each received less than five percent of the total votes cast in the city for an office shall be reported collectively under the heading “scattering”.
    Sec. 11.  Section 50.24, subsection 5, paragraph a, Code 2023, is amended to read as follows:
   a.  For a regular or special school election, if the school district is located in more than one county, the controlling commissioner for that school district under section 47.2 shall conduct a second canvass on the second Monday or Tuesday after the day of election. However, if a recount is requested pursuant to section 50.48, the controlling commissioner shall conduct the second canvass within two business days after the conclusion of the recount proceedings. Each commissioner conducting a canvass for the school district pursuant to subsection 1 shall transmit abstracts for the offices and public measures of that school district to the controlling commissioner for that school district, along with individual tallies for each write-in candidate. At the second canvass the county board of supervisors of the controlling county shall canvass the abstracts received pursuant to this subsection and shall prepare a combined school district abstract stating the number of votes cast in the school district for each office and on each question on the ballot for the school election. The combined school district abstract shall further indicate the name of each person who received votes for each office on the ballot, the number of votes each person named received for that office, and the number of votes for and against each question submitted to the voters at the election. The votes of all write-in candidates who each received less than five percent of the total votes cast in the school district for an office shall be reported collectively under the heading “scattering”.
    Sec. 12.  Section 50.48, subsection 1, paragraphs a and b, Code 2023, are amended to read as follows:
   a.  The county board of canvassers shall order a recount of the votes cast for a particular office or nomination in one or more specified all election precincts in that county if a written request for a recount is made not later than 5:00 p.m. on the third second day following the county board’s canvass of the election in question. For a city runoff election held pursuant to section 376.9, the written request must be made not later than 5:00 p.m. on the day following the county board’s canvass of the city runoff election.  A written request for a recount shall indicate whether the recount shall be conducted only using automatic tabulating equipment or by a hand recount following the use of automatic tabulating equipment. If a candidate requests a hand recount in one county, the candidate shall also request a hand recount in each county at which the candidate requests a recount. The request shall be filed with the commissioner of that county and shall be signed by either of the following:
   (1)  A candidate for that office or nomination whose name was printed on the a ballot of the precinct or precincts in the county where the recount is requested.
   (2)  Any other person who receives votes for that particular office or nomination in the precinct or precincts county where the recount is requested and who is legally qualified to seek and to hold the office in question.
   b.  Immediately upon receipt of a request for a recount, the commissioner shall send a copy of the request to the apparent winner by certified mail and the state commissioner by electronic mail. The commissioner shall also attempt to contact the apparent winner by telephone. If the apparent winner cannot be reached within four three days, the chairperson of the political party or organization which nominated the apparent winner shall be contacted and shall act on behalf of the apparent winner, if necessary. For candidates for state or federal offices, the chairperson of the state party shall be contacted. For candidates for county offices, the county chairperson of the party shall be contacted.
    Sec. 13.  Section 50.48, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  (1)  Upon receipt of a written request for a hand recount involving a state office, including a seat in the general assembly, a seat in the United States Congress, or electors for president or vice president, forwarded by the commissioner, the state commissioner shall verify that each request for a recount for that office submitted by that candidate included a request for a hand recount. For each request that did not include a request for a hand recount, the state commissioner shall assess a civil penalty of one hundred dollars against the candidate. The civil penalty shall first be deducted from the bond filed by the candidate.
   (2)  Upon verification that a candidate for a state office, including a seat in the general assembly, a seat in the United States Congress, or electors for president or vice president, submitted a written request for hand recount in at least one but not all counties, the state commissioner shall, within six days following the county canvass of the election, inform each commissioner at which a hand recount was not requested that a hand recount shall be performed pursuant to this section.
    Sec. 14.  Section 50.48, subsections 3 and 4, Code 2023, are amended by striking the subsections and inserting in lieu thereof the following:
   3.  a.  The recount shall be conducted by a board which shall consist of one of the following:
   (1)  For a county with a population of fewer than fifteen thousand people according to the most recent federal decennial census:
   (a)  A designee of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  A designee of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  A member who is a precinct election official selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   (2)  For a county with a population of at least fifteen thousand but fewer than fifty thousand people according to the most recent federal decennial census:
   (a)  A designee of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  A designee of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  Three members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   (3)  For a county with a population of fifty thousand people or greater:
   (a)  Two designees of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  Two designees of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  Three members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   b.  Members appointed to the recount board by the chief judge shall be selected consistent with section 49.13, subsection 2, for partisan offices and section 49.12 for nonpartisan offices.
   c.  The commissioner shall convene the persons designated under paragraph “a” not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
   4.  When all members of the recount board have been selected, the board shall undertake and complete the required recount as expeditiously as reasonably possible in the following manner:
   a.  The commissioner shall inform the board whether the candidate has requested a hand recount. The commissioner or the commissioner’s designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage.
   b.  The board shall direct the commissioner to retabulate the ballots using the automatic tabulating equipment. The same program used for tabulating the votes on election day shall be used at the recount unless the program is believed or known to be flawed.
   c.  The board shall recount only the ballots which were voted and counted for the office in question, including any disputed ballots returned as required in section 50.5.
   d.  After retabulating the ballots as provided in paragraph “b”, the board shall compare the printed results of the tabulation equipment to the abstract prepared pursuant to the county board’s canvass. The board shall note any discrepancies between the two results.
   e.  If the candidate’s written request included a request for a hand recount, the board shall separate the ballots into piles: one for each candidate, one for write-in votes, and one for ballots considered an over or under count. The board shall review and tabulate the ballots in each pile as provided in section 49.98. The board shall compare the hand recount results to the printed results of the tabulation equipment and the abstract. If there are discrepancies between the three results, then the results of the hand recount shall control.
   f.  The ballots shall be resealed by the recount board before adjournment and shall be preserved as required by section 50.12.
    Sec. 15.  Section 50.48, subsection 5, Code 2023, is amended to read as follows:
   5.  a.  At the conclusion of the recount, the recount board shall make and file with the commissioner a written report of its findings signed by a majority of the recount board. The commissioner or commissioner’s designee may assist in compiling the written report. The written report shall include a full tally and accounting of ballots reviewed by the recount board and shall be reported as required by sections 50.24 and 53.20. The written report must allow the commissioner to correct the canvass of voters in the manner required by law, if applicable.
   b.  If the recount board’s report is that the abstracts prepared pursuant to the county board’s canvass were incorrect as to the number of votes cast for the candidates for the office or nomination in question, in that county or district, the commissioner shall at once so notify the county board. The county board shall reconvene within three days after being so notified, but no later than noon on the twenty-seventh day following the election in question for a recount of the offices of president and vice president, and shall correct its previous proceedings.
   c.  The recount board shall complete the recount and file its report as follows:
   (1)  For the offices of president and vice president, not later than the seventeenth day following the county board’s canvass of the election in question.
   (2)  For a state office, including a seat in the general assembly, or a seat in the United States Congress, not later than the twenty-first day following the county board’s canvass of the election in question.
   (3)  For any other office, not later than the thirteenth day following the county board’s canvass of the election in question.
    Sec. 16.  Section 50.49, subsection 1, Code 2023, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  a.  A recount for any public measure shall be ordered by the board of canvassers if a petition requesting a recount is filed with the county commissioner of a county at which the question appeared on the ballot not later than two days after the completion of the canvass of voters for the election. The petition for a recount shall indicate whether the recount shall be conducted only using automatic tabulating equipment or by a hand recount following the use of automatic tabulating equipment. If a petition requests a hand recount in one county, the petition shall also request a hand recount in each county in which the petition is filed. A petition must be filed by the person submitting the petition in each county in which the public measure appeared on the ballot. If the petition is not filed by the person submitting the petition in each county in which the public measure appeared on the ballot, a recount shall not be conducted.
   b.  The petition must be signed by the greater of ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure in the county. Each person signing the petition must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote.
   c.  Immediately upon receipt of a petition for a recount, the commissioner shall send a copy of the petition to the state commissioner by electronic mail. The state commissioner shall confirm that a petition was filed in every county the public measure appeared on the ballot prior to the convening of the recount board. The state commissioner shall also verify whether each petition for a recount included a request for a hand recount. If the state commissioner verifies that a petition included a request for a hand recount in at least one but not all counties, the state commissioner shall, prior to convening of the recount board, inform each commissioner at which a hand recount was not requested that a hand recount shall be performed.
    Sec. 17.  Section 50.49, subsection 2, paragraph b, Code 2023, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  Two members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene. The members shall be selected consistent with section 49.12.
    Sec. 18.  Section 50.49, subsection 2, paragraph c, Code 2023, is amended by striking the paragraph.
    Sec. 19.  Section 50.49, subsection 3, Code 2023, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  The commissioner shall convene the recount board not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
    Sec. 20.  Section 50.50, Code 2023, is amended to read as follows:
   50.50  Administrative recounts audits.
   1.  The commissioner who was responsible for conducting an election may request an administrative recount audit when the commissioner is informed or suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct. An administrative recount audit shall be conducted by the board of the special precinct established by section 53.23. Bond shall not be required for an administrative recount. The state commissioner may adopt rules for administrative recounts audits.
   2.  If the recount board finds that there is an error in the programming of any voting equipment which may have affected the outcome of the election for any office or public measure on the ballot, the recount board shall describe the errors in its report to the commissioner. The commissioner shall notify the board of supervisors. The supervisors shall determine whether to order an administrative recount for any or all of the offices and public measures on the ballot.  Each political party, as defined in section 43.2, may appoint up to five observers to witness an audit conducted pursuant to this section. The observers shall be appointed by the county chairperson or, if the county chairperson fails to make an appointment, by the state chairperson. However, if either or both political parties fail to appoint an observer, the board may continue with the proceedings.
    Sec. 21.  Section 50.51, subsection 3, paragraph a, Code 2023, is amended by striking the paragraph.
    Sec. 22.  NEW SECTION.  53.1B  Definitions.
   For purposes of this subchapter, unless the context otherwise requires:
   1.  “Affidavit envelope” means an envelope that includes a serial number and bears on the back an affidavit for a registered voter to mark the registered voter’s signature and voter verification number in a form prescribed by the state commissioner.
   2.  “Delivery envelope” means an envelope that bears on its face the name and address of the registered voter requesting an absentee ballot, the words “county commissioner of elections”, the address of the commissioner’s office, and the same serial number that appears on the affidavit envelope and return envelope.
   3.  “Return envelope” means an envelope that is addressed to the commissioner’s office, bears appropriate return postage or a postal permit guaranteeing that the commissioner will pay the return postage, and includes the same serial number as the affidavit envelope and delivery envelope.
   4.  “Secrecy envelope” means an envelope, folder, or sleeve that hides all voting ovals on a ballot when folded.
    Sec. 23.  Section 53.8, subsection 1, Code 2023, is amended to read as follows:
   1.  a.  Upon receipt of an application for an absentee ballot and immediately after the absentee ballots are printed, but not more than twenty days before the election, the commissioner shall mail an absentee ballot to the applicant within twenty-four hours, except as otherwise provided in subsection 3. The absentee ballot shall be sent to the registered voter by one of the following methods: enclosed in an unsealed affidavit envelope. The absentee ballot and affidavit envelope shall be enclosed in or with an unsealed return envelope. The absentee ballot, affidavit envelope, and return envelope shall be enclosed in the delivery envelope. If the ballot cannot be folded so that all the voting ovals on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
   (1)  The absentee ballot shall be enclosed in an unsealed envelope marked with a serial number and affidavit. The absentee ballot and affidavit envelope shall be enclosed in or with an unsealed return envelope marked postage paid which bears the same serial number as the affidavit envelope. The absentee ballot, affidavit envelope, and return envelope shall be enclosed in a third envelope to be sent to the registered voter. If the ballot cannot be folded so that all of the votes cast on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
   (2)  The absentee ballot shall be enclosed in an unsealed return envelope marked with a serial number and affidavit and marked postage paid. The absentee ballot and return envelope shall be enclosed in a second envelope to be sent to the registered voter. If the ballot cannot be folded so that all of the votes cast on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
   b.  The affidavit shall be marked on the appropriate envelope in a form prescribed by the state commissioner of elections registered voter requesting and receiving an absentee ballot shall subscribe to the affidavit by signing and marking the registered voter’s voter verification number on the affidavit envelope.
   c.  All domestic return envelope flaps or backs shall also be printed or stamped with a notice of the deadline to return a completed absentee ballot and the manner to track the status of the ballot in a form prescribed by the state commissioner.
   c.  d.  For envelopes mailed at any election other than the primary election, the commissioner shall not mark any envelope with any information related to the party affiliation of the applicant.
    Sec. 24.  Section 53.10, subsection 2, paragraph a, Code 2023, is amended to read as follows:
   a.  Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information: name, current address, voter verification number, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. Prior to furnishing a ballot, the commissioner shall verify the person’s identity as provided in section 49.78. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it the ballot in the envelope marked with the affidavit envelope; subscribe to the affidavit on the reverse side of the envelope by signing and marking the registered voter’s voter verification number; and return the sealed affidavit envelope containing the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter.
    Sec. 25.  Section 53.12, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   53.12  Duty of commissioner.
   The commissioner shall affix to the application the same serial number that appears on the affidavit envelope, return envelope, and delivery envelope.
    Sec. 26.  Section 53.16, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   53.16  Subscribing to affidavit.
   After marking the ballot, the voter shall enclose the ballot in a secrecy envelope, if necessary, and seal the ballot in the affidavit envelope; subscribe to the affidavit by signing and marking the registered voter’s voter verification number; place the sealed affidavit envelope in the return envelope; and securely seal the return envelope.
    Sec. 27.  Section 53.17, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   If the commissioner mailed the ballot pursuant to section 53.8, subsection 1, paragraph “a”, subparagraph (1), the sealed envelope bearing the voter’s affidavit and containing the absentee ballot shall be enclosed in a return envelope which shall be securely sealed. If the commissioner mailed the ballot pursuant to section 53.8, subsection 1, paragraph “a”, subparagraph (2), the absentee ballot shall be enclosed in the return envelope which shall be securely sealed. The sealed return envelope shall be returned to the commissioner by one of the following methods:
    Sec. 28.  Section 53.18, subsections 2 and 3, Code 2023, are amended to read as follows:
   2.  If the commissioner receives the return envelope containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness open the return envelope, if applicable, and review the affidavit marked on the affidavit envelope for completeness. If the affidavit lacks the signature or voter verification number of the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner not later than the time polls close on election day.
   3.  If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2. For the purposes of this section, a return an affidavit envelope marked with the affidavit shall be considered to contain a defect if it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A signature or marking made in accordance with section 39.3, subsection 17, shall not be considered a defect for purposes of this section the voter verification number provided does not match the voter verification number associated with the voter’s voter registration. The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope envelopes and records of the replacement ballot. The affidavit envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The affidavit envelope marked with the affidavit and containing the original ballot shall be marked “Defective” and the “Defective”. The replacement ballot shall be attached to such the affidavit envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27.
    Sec. 29.  Section 53.20, subsection 2, paragraph b, Code 2023, is amended to read as follows:
   b.  For the primary election, general election election, and for any election in which the commissioner determines in advance of the election to report the results of the special precinct by the resident precincts of the voters who cast absentee and provisional ballots, the commissioner shall prepare a separate absentee ballot style for each precinct in the county and shall program the voting system to produce reports by the resident precincts of the voters.
    Sec. 30.  Section 53.21, subsection 2, paragraph b, Code 2023, is amended to read as follows:
   b.  The voter shall enclose one copy of the above statement in the return envelope along with the affidavit envelope, if the voter was mailed a separate affidavit envelope, and shall retain a copy for the voter’s records.
    Sec. 31.  Section 53.23, subsection 3, paragraph b, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  The commissioner may direct the board to meet on the day before the election for the purpose of reviewing the absentee voters’ affidavits appearing on the sealed envelopes. If in the commissioner’s judgment this procedure is necessary due to the number of absentee ballots received, the members of the board may open the sealed affidavit envelopes and remove the secrecy envelope containing the ballot, but under no circumstances shall a secrecy envelope or a return an affidavit envelope marked with an affidavit be opened before the board convenes on election day, except as provided in paragraph “c”. If the affidavit envelopes are opened before election day pursuant to this paragraph “b”, the observers appointed by each political party, as defined in section 43.2, shall witness the proceedings. Each political party may appoint up to five observers under this paragraph “b”. The observers shall be appointed by the county chairperson or, if the county chairperson fails to make an appointment, by the state chairperson. However, if either or both political parties fail to appoint an observer, the commissioner may continue with the proceedings.
    Sec. 32.  Section 53.23, subsection 5, Code 2023, is amended to read as follows:
   5.  The special precinct election board shall preserve the secrecy of all absentee and provisional ballots. After the affidavits on the affidavit envelopes have been reviewed and the qualifications of the persons casting the ballots have been determined, those that have been accepted for counting shall be opened. The ballots shall be removed from the affidavit envelopes or return envelopes marked with the affidavit, as applicable, without being unfolded or examined, and then shall be thoroughly intermingled, after which they shall be unfolded and tabulated. If secrecy folders or envelopes are used with provisional paper ballots, the ballots shall be removed from the secrecy folders envelopes after the ballots have been intermingled.
    Sec. 33.  Section 53.25, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  If the absentee voter’s affidavit lacks the voter’s signature or voter verification number, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the affidavit envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in such the affidavit envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the ballot shall be rejected by the absentee and special voters precinct board.
    Sec. 34.  Section 53.25, subsection 2, Code 2023, is amended to read as follows:
   2.  If the absentee or provisional ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections.
    Sec. 35.  Section 53.30, subsection 2, Code 2023, is amended to read as follows:
   2.  At the conclusion of each meeting of the absentee and special voters precinct board, the board shall securely seal all ballots counted by them in the manner prescribed in section 50.12. The ballot envelopes, including the affidavit envelope if an affidavit envelope was provided, the return envelope, and secrecy envelope bearing the signatures of precinct election officials, as required by section 53.23, shall be preserved. All applications for absentee ballots, ballots rejected without being opened, absentee ballot logs, and any other documents pertaining to the absentee ballot process shall be preserved until such time as the documents may be destroyed pursuant to section 50.19.
    Sec. 36.  Section 53.32, Code 2023, is amended to read as follows:
   53.32  Ballot of deceased voter.
   When it shall be made to appear by due proof to the precinct election officials that any elector, who has so marked and forwarded a ballot, has died before the envelope marked with the affidavit affidavit envelope is opened, then the ballot of such deceased voter shall be endorsed, “Rejected because voter is dead”, and be returned to the commissioner. The casting of the ballot of a deceased voter shall not invalidate the election.
    Sec. 37.  Section 58.4, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  The names of members of each house, except the presiding officer and the majority and minority leaders, written on similar paper tickets, shall be placed in a box, the names of the senators in their presence by their secretary, and the names of the representatives in their presence by their clerk.
   2.  The secretary of the senate in the presence of the senate, and the clerk of the house of representatives in the presence of the house, shall draw from their respective boxes the names of seven five members each.  The majority and minority leaders of each house shall also serve on the contest court.
    Sec. 38.  Section 60.2, Code 2023, is amended to read as follows:
   60.2  Clerk.
   The secretary of state clerk of the supreme court shall be the clerk of the court, or, in the secretary of state’s clerk of the supreme court’s absence or inability to act, the clerk of the supreme court secretary of state.
    Sec. 39.  Section 61.2, Code 2023, is amended to read as follows:
   61.2  Clerk.
   The secretary of state clerk of the supreme court shall be the clerk of this court; but if the person holding that office is a party to the contest, the clerk of the supreme court, or, in case of that person’s absence or inability, the auditor of state shall be clerk, or, in the clerk of the supreme court’s absence or inability to act, the secretary of state. If the person holding the office of secretary of state is a party to the contest, the auditor of state shall be clerk.
    Sec. 40.  Section 68.9, subsection 1, Code 2023, is amended to read as follows:
   1.  When an impeachment is presented, the senate shall, after the hour of final adjournment of the legislature as soon as practicable, be forthwith organized as a court of impeachment for the trial thereof, at the capitol.
    Sec. 41.  Section 69.14, Code 2023, is amended to read as follows:
   69.14  Special election to fill vacancies.
   1.  A special election to fill a vacancy shall be held for a representative in Congress, when Congress is in session or will convene prior to the next general election, or for a senator or representative in the general assembly, when the body in which such vacancy exists is in session, or the general assembly will convene prior to the next general election, and the governor shall order, not later than five days from the date the vacancy exists, a special election, giving not less than forty days’ notice of such election.
   2.  In the event the special election is to fill a vacancy in the general assembly while it is in session or within forty-five days of the convening of any session, the time limit provided in this section shall not apply and the governor shall order such special election at the earliest practical time, giving at least eighteen days’ notice of the special election. Any special election called under this section must be held on a Tuesday and shall not be held on the same day as a school election within the district.
    Sec. 42.  Section 260C.15, subsection 5, Code 2023, is amended to read as follows:
   5.  The votes cast in the election shall be canvassed and abstracts of the votes cast shall be certified as required by section 277.20. In each county whose commissioner of elections is the controlling commissioner for a merged area under section 47.2, the county board of supervisors shall convene on the second Monday or Tuesday after the day of the election to canvass the abstracts of votes cast from each county in the merged area, and declare the results of the voting. The commissioner shall at once issue certificates of election to each person declared elected, and shall certify to the merged area board in substantially the manner prescribed by section 50.27 the result of the voting on any public question submitted to the voters of the merged area. Members elected to the board of directors of a merged area shall qualify by taking the oath of office prescribed in section 277.28.
    Sec. 43.  Section 277.4, subsection 4, Code 2023, is amended to read as follows:
   4.  Any person on whose behalf nomination petitions have been filed under this section may withdraw as a candidate by filing a signed statement to that effect with the secretary consistent with section 44.9, subsection 5.
    Sec. 44.  EFFECTIVE DATE.  Except as otherwise provided, this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 45.  EFFECTIVE DATE.  The following take effect January 1, 2024:
   The sections of this Act amending or enacting sections of chapter 53.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the conduct of elections.
   The bill provides that a political party that this required by statute to publish a notice of a precinct caucus in a newspaper of general circulation may, in lieu of such requirement, publish the notice, action, or other information in its entirety on the political party’s internet site, if the political party maintains an internet site.
   The bill changes the deadline for a person nominated to fill a ballot vacancy to withdraw by filing a notice in the office of the appropriate county commissioner of elections from 64 days before the date of the election to 67 days before the date of the election.
   The bill requires a person challenging the voter registration of another person to post a bond, in an amount to be determined by the commissioner, sufficient to cover the costs of verifying the validity of the challenged voter’s registration. If the challenged voter’s registration is determined to be invalid, the bond shall be returned to the challenger. Otherwise, the bill requires the bond to be deposited in the election fund of the county of the commissioner with whom the challenge was filed.
   The bill requires a notice for an election to include the date the election will be audited, the location of the audit, and the hours during which the election will be audited. The bill also changes the earliest date that notice of an election may be published from 20 to 30 days before the date of the election.
   The bill allows a county commissioner of elections to use an electronic election register in lieu of a paper register if the electronic election register is a product that has been certified for use in the state by the state commissioner of elections. The bill directs the state commissioner of elections to adopt rules regarding electronic election registers.
   The bill requires a precinct election official to publicly announce the results of a canvass only upon the request of a person at the precinct. Current law requires a precinct election official to always publicly announce the results of a canvass.
   The bill requires the state commissioner of elections, in cooperation with county commissioners of elections, to conduct an unofficial canvass of election results following the closing of polls for regular city, regular school, primary, and general elections. Current law requires an unofficial canvass only for general elections. If a county commissioner of elections determines that all precincts will not report results before the office is closed, the bill requires the county commissioner to provide a written explanation as to why.
   The bill removes the first Monday after an election as a possible date for canvassing an election.
   The bill changes the deadline to request a recount from 5:00 p.m. on the third day following the canvass of an election to 5:00 p.m. on the second day following the canvass of an election. The bill requires a recount request to include all precincts in a county instead of only specified counties. The bill also requires the request to include whether the candidate requests only a machine recount or a machine recount followed by a hand recount. If a candidate requests a hand recount in one county, the bill requires the candidate to request a hand recount in all counties in which the candidate requests a recount. The bill imposes a fine of $100 for each violation on a candidate who does not request a hand recount in all counties in which the candidate is required to do so. The state commissioner of elections shall then inform each other county to be recounted that a hand recount shall be conducted. The bill imposes similar requirements on recounts for public measures.
   The bill requires the county commissioner of elections to notify the state commissioner of elections by electronic mail when a recount is requested. If the apparent winning candidate in an election for which a recount has been requested cannot be contacted, the bill changes the deadline by which the county commissioner of elections must contact the chairperson of the political party or organization that nominated the apparent winner from four days after attempting to make contact to three days.
   The bill changes the composition of recount boards based on the population of the county. For a county of fewer than 15,000 people, the board shall consist of a designee of the candidate requesting the recount, a designee of the apparent winning candidate, and a person who is a precinct election official selected by the chief judge of the judicial district in which the canvass occurs. For a county with a population between 15,000 and 49,999, the board shall consist of a designee of the candidate requesting the recount, a designee of the apparent winning candidate, and three persons who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs. For a county with a population of 50,000 or greater, the board shall consist of two designees of the candidate requesting the recount, two designees of the apparent winning candidate, and three persons who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs. Members appointed by the chief judge for the recount of a partisan election shall not be comprised of more than one-third of persons who are not members of either of the two political parties whose candidates for president received the most or next-most votes at the last general election for a partisan election and not more than a simple majority of members appointed by a chief judge shall be from the same political party or organization.
   The bill makes a similar change for recounts requested in a primary election for an office for which no candidate has received the required 35 percent to be nominated. Under current law, the recount board consists of one person chosen by the candidate requesting the recount, one person chosen by the candidate receiving the highest number of votes excluding the requestor, and a third person mutually agreeable to the board members designated by the candidates. The bill provides that the third person is instead a precinct election official selected by the chief judge of the judicial district in which the canvass occurs.
   The bill requires a recount board to be convened no later than 9:00 a.m. on the sixth day following the canvass of the election. The commissioner shall then inform the board whether the candidate requested a hand recount. The board shall direct the commissioner to retabulate the ballots using the automatic tabulating equipment using the same program as was used to tabulate the votes on election day unless the program is believed or known to be flawed. The board shall recount only the ballots which were voted and counted for the office in question, including disputed ballots. After retabulating, the board shall compare the results to the abstract prepared pursuant to the county board’s canvass and note any discrepancies. If the candidate requested a hand recount, the bill requires the ballots to be separated into categories and tabulated. The board shall then compare the results of the tabulation to the results of the canvass and the automatic recount. If there are discrepancies, the results of the hand recount shall control. The bill then requires the board to reseal and preserve the ballots.
   At the conclusion of the recount, the bill requires the board to make and file with the county commissioner of elections a report of its findings, signed by a majority of the board. The bill requires a recount board to include in its written report following the conclusion of a recount a full tally and accounting of ballots reviewed by the board. The report must allow the county commissioner of elections to correct the canvass of votes in the manner required by law, if applicable. The board shall file its report by 17 days after the canvass of an election for the offices of president and vice president, by 21 days after the canvass of an election for a state office or a seat in the United States Congress, and by 13 days after the canvass of any other election. The bill also requires the county board of elections to reconvene no later than 27 days following a presidential election to correct any errors identified by the recount board.
   The bill requires a petition for a recount of an election for a public measure to be submitted not later than two days following the canvass of the votes for the measure rather than three days. The bill changes the makeup of the recount board for a public measure by removing a designee named by the commissioner and a person jointly selected by that person and a designee named in the petition requesting the recount and replacing them with two election officials selected by the chief judge of the judicial district where the canvass occurs. The commissioner shall convene the recount board not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
   Under current law, a county commissioner of elections may conduct an administrative recount if the commissioner suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner. The bill allows the county commissioner of elections to conduct an administrative audit if such circumstances exist. The bill allows political parties, defined in Code, to appoint observers to witness the audit.
   The bill requires an absentee ballot that is mailed to a voter to be enclosed in an unsealed affidavit envelope and with or in an unsealed return envelope, which shall then be enclosed in the delivery envelope. If the ballot cannot be folded so that all the voting ovals on the ballot will be hidden, the bill requires the commissioner to also send a secrecy envelope. The bill requires a registered voter to subscribe to an affidavit on an affidavit envelope by signing the envelope and writing the voter’s voter verification number. The bill also requires return envelopes to have printed on them the deadline to return the ballot and the manner to track the status of the ballot.
   The bill strikes a requirement that an affidavit envelope be considered to contain a defect if it appears to the county commissioner of elections that it was signed by a person other than the voter. The bill adds a requirement that an affidavit envelope be considered to contain a defect if the voter verification number on the envelope does not match the voter verification number on file for the voter.
   The bill requires the county commissioner of elections to prepare a separate absentee ballot style for each precinct in the county and program the voting system to produce reports by the resident precincts of the voters for each primary election.
   The bill repeals certain requirements regarding what materials a commissioner shall include with an absentee ballot and instead requires a commissioner to put the same serial number on the affidavit, return, and delivery envelopes. The bill requires all mailed absentee ballots to include an affidavit envelope. The bill also requires the absentee and special voters precinct board to reject an absentee ballot if the affidavit envelope does not include the voter’s voter verification number.
   The bill changes the makeup of the contest court for a contested gubernatorial election to include five members each from the house and the senate and the majority and minority leaders of each chamber.
   The bill requires the senate to organize as a court of impeachment as soon as practicable after an impeachment is presented.
   The bill changes the clerk of a court of contest for presidential electors and congresspersons from the secretary of state to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. For elections for state officers, the bill changes the clerk of a contest court to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. However, if the secretary of state is a party to the contest, the auditor of state shall be the clerk of the court.
   The bill updates an internal reference regarding withdrawals of candidates for school district elections.
   The bill takes effect upon enactment, except that sections amending Code chapter 53 (absent voters) take effect on January 1, 2024.