House Study Bill 628 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to the administration of elections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5348XD (4) 90 ss/ns
S.F. _____ H.F. _____ Section 1. Section 47.4, Code 2024, is amended to read as 1 follows: 2 47.4 Election filing deadlines. 3 If the deadline for a filing pertaining to an election 4 falls on a day that the state or county commissioner’s office 5 is closed for business, the deadline shall be extended to 6 the next day that the office of state commissioner or county 7 commissioner is open for business to receive the filing. This 8 section does not apply to the deadline for voter registration 9 under section 48A.9, subsection 2 . 10 Sec. 2. Section 48A.9, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. The commissioner’s office shall be open from 8:00 a.m. 13 until at least 5:00 p.m. on the day registration closes before 14 each regularly scheduled election. However, if the last day to 15 register to vote for a regularly scheduled election falls on 16 the day after Thanksgiving, the deadline shall be the following 17 Monday. 18 Sec. 3. Section 49.25, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. The commissioner shall determine pursuant to section 21 49.26, subsection 2 , in advance of an election whether ballots 22 voted in that election shall be counted by automatic tabulating 23 equipment or by precinct election officials. If automatic 24 tabulating equipment will be used, the The commissioner shall 25 furnish voting equipment for use by voters with disabilities. 26 Sec. 4. Section 49.26, Code 2024, is amended to read as 27 follows: 28 49.26 Commissioner to decide method Methods of voting —— 29 counting of ballots . 30 1. In all elections regulated by this chapter , the voting 31 shall be by paper ballots printed and distributed as provided 32 by law, or by voting systems meeting the requirements of 33 chapter 52 . 34 2. a. The commissioner shall determine in advance of each 35 -1- LSB 5348XD (4) 90 ss/ns 1/ 10
S.F. _____ H.F. _____ election conducted for a city of three thousand five hundred or 1 less population or for any school district whether the ballots 2 will be counted by automatic tabulating equipment or by the 3 precinct election officials. In making such a determination, 4 the commissioner shall consider voter turnout for recent 5 similar elections and factors considered likely to affect voter 6 turnout for the forthcoming election. 7 b. If the commissioner concludes, pursuant to paragraph “a” , 8 that voting will probably be so light as to make counting of 9 ballots by the precinct election officials less expensive than 10 preparation and use of automatic tabulating equipment, paper 11 ballots may be used, subject to paragraph “c” . If paper ballots 12 are used, the commissioner shall use ballots and instructions 13 similar to those used when the ballots are counted by automatic 14 tabulating equipment. 15 c. Notwithstanding a determination by the commissioner 16 pursuant to paragraph “b” , upon receipt of a petition signed by 17 not less than one hundred eligible electors, the commissioner 18 shall count the ballots at an election described in paragraph 19 “a” using automatic tabulating equipment. A petition filed 20 under this paragraph must be received by the commissioner 21 not later than 5:00 p.m. on the forty-second day before the 22 election. 23 Sec. 5. NEW SECTION . 49.29 Electronic election register and 24 poll book. 25 1. The commissioner may use an electronic election register 26 or election poll book in lieu of a paper register or poll book 27 if the electronic election register or poll book is a product 28 that has been certified for use in this state by the state 29 commissioner. 30 2. The state commissioner shall adopt rules pursuant to 31 chapter 17A for certification standards for electronic election 32 registers and election poll books. The certification standards 33 must include operational and security standards. 34 Sec. 6. Section 49.124, subsection 1, Code 2024, is amended 35 -2- LSB 5348XD (4) 90 ss/ns 2/ 10
S.F. _____ H.F. _____ to read as follows: 1 1. The commissioner shall conduct, not later than the day 2 before each primary and general election, a training course for 3 all election personnel , and the commissioner may do so before 4 any other election the commissioner administers . The personnel 5 shall include all precinct election officials and any other 6 persons who will be employed in or around the polling places 7 on election day. At least two precinct election officials who 8 will serve on each precinct election board at the forthcoming 9 election shall attend the training course. If the entire board 10 does not attend, those members who do attend shall so far as 11 possible be persons who have not previously attended a similar 12 training course. The state commissioner shall adopt rules 13 pursuant to chapter 17A to implement instruction required under 14 this subsection . 15 Sec. 7. Section 49.128, subsection 1, unnumbered paragraph 16 1, Code 2024, is amended to read as follows: 17 No later than twenty days following a general an election, 18 the commissioner shall place on file in the commissioner’s 19 office a certification that the county met the following 20 requirements at the general election: 21 Sec. 8. Section 49.128, subsection 1, Code 2024, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . f. The state commissioner may adopt rules 24 pursuant to chapter 17A to require that the commissioner 25 provide and certify additional information. 26 Sec. 9. Section 49.128, subsection 2, Code 2024, is amended 27 to read as follows: 28 2. a. If the county is required to conduct an audit under 29 section 50.51 , the commissioner shall include a copy of the 30 results with the certification required under this section . 31 b. If a county is not required to conduct an audit under 32 section 50.51 , the commissioner shall include a copy of the 33 certification required under this section along with the 34 election canvass summary report required under section 50.30A . 35 -3- LSB 5348XD (4) 90 ss/ns 3/ 10
S.F. _____ H.F. _____ Sec. 10. NEW SECTION . 49.129 Pre-election submission 1 requirements. 2 1. No later than ten days before the election, the 3 commissioner shall notify the state commissioner of all of the 4 following: 5 a. The date, time, and location the testing of voting 6 equipment required pursuant to section 52.35 is to be 7 performed. 8 b. The date the election notice will be published pursuant 9 to section 49.53 and where it will appear. 10 c. The date the election personnel training course required 11 pursuant to section 49.124 is to be conducted. 12 2. The state commissioner may adopt rules pursuant to 13 chapter 17A to require that the commissioner provide and 14 certify additional information. 15 Sec. 11. Section 50.11, subsection 2, Code 2024, is amended 16 by striking the subsection. 17 Sec. 12. Section 50.15A, Code 2024, is amended to read as 18 follows: 19 50.15A Unofficial results of voting —— general election only . 20 1. In order to provide the public with an early source 21 of election results before the official canvass of votes, 22 the state commissioner of elections, in cooperation with the 23 commissioners of elections, shall conduct an unofficial canvass 24 of election results following the closing of the polls on 25 the day of a regular city election, regular school election, 26 primary election, or general election , or any other election 27 at the discretion of the state commissioner . The unofficial 28 canvass shall report election results for national offices, 29 statewide offices, the office of state representative, the 30 office of state senator, and other offices or public measures 31 at the discretion of the state commissioner of elections. 32 The unofficial canvass shall also report the total number of 33 ballots cast at the general reported election. 34 2. a. After the polls close on election day, the 35 -4- LSB 5348XD (4) 90 ss/ns 4/ 10
S.F. _____ H.F. _____ commissioner of elections shall periodically provide election 1 results to the state commissioner of elections as the precincts 2 in the county report election results to the commissioner 3 pursuant to section 50.11 . If the commissioner determines 4 that all precincts will not report election results before 5 the office is closed, the commissioner shall report the most 6 complete results available prior to leaving the office at the 7 time the office is closed as provided in section 50.11 . The 8 commissioner shall specify the number of precincts included in 9 the report to the state commissioner of elections and provide 10 an explanation in writing as to why all precincts will not be 11 reported . 12 b. The state commissioner of elections shall tabulate 13 unofficial election results as the results are received from 14 the commissioners of elections and shall periodically make the 15 reports of the results available to the public. 16 3. Before the day of the general reported election, the 17 state commissioner of elections shall provide a form and 18 instructions for reporting unofficial election results pursuant 19 to this section . 20 4. The state commissioner shall set a date and time by which 21 a commissioner must complete testing of the system used for the 22 unofficial canvass before the reported election. 23 Sec. 13. Section 50.24, subsection 3, Code 2024, is amended 24 to read as follows: 25 3. The board shall certify an election canvass summary 26 report prepared by the commissioner. The election canvass 27 summary report shall include the results of the election, 28 including scatterings, overvotes, and undervotes, by precinct 29 for each contest and public measure that appeared on the ballot 30 of the election being canvassed. However, if paper ballots are 31 used pursuant to section 49.26 , the election canvass summary 32 report shall not include overvotes and undervotes. 33 Sec. 14. Section 50.48, subsection 5, Code 2024, is amended 34 to read as follows: 35 -5- LSB 5348XD (4) 90 ss/ns 5/ 10
S.F. _____ H.F. _____ 5. a. (1) At the conclusion of a recount, the recount 1 board shall make and file with the commissioner a written 2 report of its findings, signed by a majority of the recount 3 board. 4 (2) The commissioner or commissioner’s designee may 5 assist in compiling the written report. The written report 6 shall include a full tally and accounting of ballots reviewed 7 by the recount board and shall be reported as required by 8 sections 50.24 and 53.20. The written report must allow the 9 commissioner to correct the canvass of voters in the manner 10 required by law, if applicable. 11 b. If the recount board’s report is that the abstracts 12 prepared pursuant to the county board’s canvass were incorrect 13 as to the number of votes cast for the candidates for the 14 office or nomination in question, in that county or district, 15 the commissioner shall at once so notify the county board. The 16 county board shall reconvene within three days after being so 17 notified, but no later than noon on the twenty-seventh day 18 following the election in question for a recount of the offices 19 of president and vice president, and shall correct its previous 20 proceedings. 21 Sec. 15. Section 52.1, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. At all elections conducted under chapter 49 , and at 24 any other election unless the commissioner directs otherwise 25 pursuant to section 49.26 , votes shall be cast, registered, 26 recorded, and counted by means of optical scan voting systems, 27 in accordance with this chapter . 28 Sec. 16. Section 53.17, subsection 4, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 When a person designated by the voter pursuant to section 31 53.33 retrieves a completed absentee ballot from the voter, the 32 designee shall , upon request of the voter, fill out a receipt 33 to be retained by the voter. The state commissioner shall 34 prescribe a form for receipts required by this subsection . The 35 -6- LSB 5348XD (4) 90 ss/ns 6/ 10
S.F. _____ H.F. _____ receipt shall include all of the following: 1 Sec. 17. Section 53.17, subsection 4, paragraph d, Code 2 2024, is amended by striking the paragraph. 3 Sec. 18. Section 53.17, subsection 4, paragraph f, Code 4 2024, is amended to read as follows: 5 f. A statement that the completed absentee ballot will 6 be delivered to the commissioner’s office within seventy-two 7 hours of retrieving it from the voter or before the closing of 8 the polls on election day, whichever is earlier , or that the 9 completed absentee ballot will be mailed to the commissioner 10 within seventy-two hours of retrieving it from the voter . 11 Sec. 19. Section 53.20, subsection 2, paragraph b, Code 12 2024, is amended to read as follows: 13 b. For the primary election, general election , and for any 14 election in which the commissioner determines in advance of 15 the election to report the results of the special precinct by 16 the resident precincts of the voters who cast absentee and 17 provisional ballots, the commissioner shall prepare a separate 18 absentee ballot style for each precinct in the county and shall 19 program the voting system to produce reports by the resident 20 precincts of the voters. 21 Sec. 20. Section 54.7, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. The presidential electors and alternate electors shall 24 meet in the capitol, at the seat of government, on the first 25 Monday Tuesday after the second Wednesday in December next 26 following their election. 27 Sec. 21. Section 277.4, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. Any person on whose behalf nomination petitions have been 30 filed under this section may withdraw as a candidate by filing 31 a signed statement to that effect with the secretary consistent 32 with section 44.9 , subsection 5 . 33 Sec. 22. REPEAL. Section 52.41, Code 2024, is repealed. 34 EXPLANATION 35 -7- LSB 5348XD (4) 90 ss/ns 7/ 10
S.F. _____ H.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the conduct of elections. The bill 3 changes the filing deadline for voter registration forms that 4 would be due on the day after Thanksgiving from the following 5 Monday to the next day the office of the county commissioner of 6 elections or the state commissioner of elections is open. 7 The bill strikes a provision allowing a county commissioner 8 of elections to choose whether to use automatic tabulating 9 equipment in certain elections and makes conforming changes. 10 The bill allows a county commissioner of elections to use an 11 electronic election register or poll book in lieu of a paper 12 register or poll book if the electronic election register or 13 poll book is a product that has been certified for use in the 14 state by the state commissioner of elections. The bill directs 15 the state commissioner of elections to adopt rules regarding 16 electronic election registers and poll books, which must 17 include operational and security standards. 18 The bill requires a county commissioner of elections to 19 hold training for all election personnel before each election, 20 rather than before each primary and general election. The bill 21 also requires the state commissioner of elections to adopt 22 rules for the implementation of required instruction. 23 The bill requires a county commissioner of elections 24 to place on file a certification that the office of the 25 commissioner met certain requirements within 20 days after 26 each election. Current law requires that such certifications 27 be filed after a general election. The bill allows the state 28 commissioner of elections to adopt rules requiring county 29 commissioners of elections to provide and certify additional 30 information. The bill strikes a provision requiring a county 31 commissioner of elections to include a copy of a certification 32 along with an election canvass summary report when a county is 33 not required to conduct an audit. 34 The bill requires a county commissioner of elections to 35 -8- LSB 5348XD (4) 90 ss/ns 8/ 10
S.F. _____ H.F. _____ provide certain information to the state commissioner of 1 elections not later than 10 days before an election, including 2 the date, time, and location of equipment testing, the date and 3 location where the election notice will be published, and the 4 date that election personnel training will be conducted. The 5 bill allows the state commissioner to adopt rules to require 6 that a county commissioner provide and certify additional 7 information. 8 The bill strikes a provision allowing election officials 9 to electronically transmit results from voting equipment in 10 the county commissioner of elections’ office after producing a 11 written report of the election results. 12 The bill requires the state commissioner of elections, 13 in cooperation with county commissioners of elections, to 14 conduct an unofficial canvass of election results following the 15 closing of polls for regular city, regular school, primary, or 16 general elections, and any other election at the discretion of 17 the state commissioner. Current law requires an unofficial 18 canvass only for general elections. If a county commissioner 19 of elections determines that all precincts will not report 20 results before the office is closed, the bill requires the 21 county commissioner to provide a written explanation as to why. 22 The bill requires the state commissioner to set a date by which 23 a commissioner must complete testing of equipment used for an 24 unofficial canvass. 25 The bill requires a recount board to include in its written 26 report following the conclusion of a recount a full tally 27 and accounting of ballots reviewed by the board. The report 28 must allow the county commissioner of elections to correct the 29 canvass of votes in the manner required by law, if applicable. 30 The bill requires the report to be signed by a majority of the 31 recount board and allows the commissioner or the commissioner’s 32 designee to assist in compiling the report. If the report is 33 that the initial abstracts were incorrect, the bill requires 34 the county board to reconvene no later than noon 27 days 35 -9- LSB 5348XD (4) 90 ss/ns 9/ 10
S.F. _____ H.F. _____ following an election if the election is for president or vice 1 president. 2 The bill removes a requirement that a receipt filled out by a 3 person designated to return a voter’s completed absentee ballot 4 include a statement regarding the time by which the person 5 will return the ballot and the name of the political party, 6 candidate, or committee for which the designee is acting as an 7 actual or implied agent. Code section 53.33 prohibits such a 8 person from delivering a completed absentee ballot. The bill 9 also removes a provision allowing a voter to request that a 10 person collecting an absentee ballot fill out a receipt. Code 11 section 53.33 makes such receipts mandatory. 12 The bill requires the county commissioner of elections to 13 prepare a separate absentee ballot style for each precinct in 14 the county and program the voting system to produce reports by 15 the resident precincts of the voters for each primary election. 16 The bill updates an internal reference regarding withdrawals 17 of candidates for school district elections. 18 The bill changes the meeting date for presidential electors 19 and alternates from the first Monday after the second Wednesday 20 in December next following the election to the first Tuesday 21 after the second Wednesday in December next following the 22 election. 23 The bill repeals a requirement that the state commissioner 24 of elections adopt by rule standards for the examination and 25 testing of devices for the electronic transmission of election 26 results with the advice of the board of commissioners and that 27 all voting systems containing such devices comply with those 28 standards. 29 -10- LSB 5348XD (4) 90 ss/ns 10/ 10