Senate File 342 - Introduced SENATE FILE 342 BY SALMON A BILL FOR An Act relating to the conduct of elections, including the 1 casting of provisional ballots by persons registering to 2 vote on election day or when casting an in-person absentee 3 ballot, and the use of automatic tabulating equipment and 4 optical scan voting systems. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2240XS (2) 90 ss/ns

S.F. 342 Section 1. Section 48A.7A, subsection 5, Code 2023, is 1 amended to read as follows: 2 5. a. If a person registers to vote under this section at 3 a polling place that has access to an electronic poll book, 4 the precinct election official shall verify against a database 5 maintained by the state commissioner that the person has not 6 been convicted of a felony or, if the person has been convicted 7 of a felony, the person has had the person’s voting rights 8 restored. If the precinct election official determines that 9 the person has not been convicted of a felony or has been 10 convicted of a felony but the person’s voting rights have been 11 restored, the precinct election official shall furnish a ballot 12 to the voter. If the database indicates that the person has 13 been convicted of a felony and that the person’s voting rights 14 have not been restored, the precinct election official shall 15 challenge the person under section 49.79 . 16 b. If a A person who registers to vote under this section 17 at a polling place that does not have access to an electronic 18 poll book, the person shall be permitted to cast a provisional 19 ballot under section 49.81 , and the absentee and special voters 20 precinct board, appointed pursuant to section 53.23 , shall 21 verify against a database maintained by the state commissioner 22 that the person has not been convicted of a felony or, if the 23 person has been convicted of a felony, the person’s voting 24 rights have been restored. If information in the database 25 indicates that the person has not been convicted of a felony 26 or, if the person has been convicted of a felony, the person’s 27 voting rights have been restored, the voter’s provisional 28 ballot shall be counted. If the database indicates that the 29 person has been convicted of a felony and the person’s voting 30 rights have not been restored, the voter’s provisional ballot 31 shall be rejected. 32 Sec. 2. Section 49.26, subsection 2, Code 2023, is amended 33 to read as follows: 34 2. a. The commissioner shall determine in advance of each 35 -1- LSB 2240XS (2) 90 ss/ns 1/ 3

S.F. 342 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. 3. Section 52.1, subsection 1, Code 2023, is amended 24 to read as follows: 25 1. At all elections conducted under chapter 49 , and at 26 any other election unless the commissioner directs otherwise 27 pursuant to section 49.26 , votes shall may be cast, registered, 28 recorded, and counted by means of optical scan voting systems, 29 in accordance with this chapter . 30 Sec. 4. Section 52.2, Code 2023, is amended to read as 31 follows: 32 52.2 Optical scan voting system required allowed . 33 Notwithstanding any provision to the contrary, for elections 34 held on or after November 4, 2008 July 1, 2023 , a county shall 35 -2- LSB 2240XS (2) 90 ss/ns 2/ 3

S.F. 342 may use an optical scan voting system only . The requirements 1 of the federal Help America Vote Act, Pub. L. No. 107-252, 116 2 Stat. 1666, relating to disabled voters shall may be met by a 3 county through the use of electronic ballot marking devices 4 that are compatible with an optical scan voting system. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the conduct of elections. 9 The bill requires a person registering to vote on election 10 day or when casting an in-person absentee ballot to cast a 11 provisional ballot. The absentee and special voters precinct 12 board shall then count the provisional ballot only if the board 13 determines that the voter was eligible to vote. Under current 14 law, a person registering to vote on election day or when 15 casting an in-person absentee ballot may cast a regular ballot 16 if the polling place can verify the voter’s eligibility to vote 17 using an electronic poll book. 18 The bill strikes provisions requiring the use of optical 19 scan voting systems in all elections and the use of automatic 20 tabulating equipment in certain elections. 21 -3- LSB 2240XS (2) 90 ss/ns 3/ 3