Senate Study Bill 1034 - 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 1223XD (3) 90 ss/ns
S.F. _____ H.F. _____ Section 1. Section 47.4, Code 2023, 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 2023, 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. NEW SECTION . 49.76A Electronic election register. 19 1. The commissioner may use an electronic election register 20 in lieu of a paper register if the electronic election register 21 is a product that has been certified for use in this state by 22 the state commissioner. 23 2. The state commissioner shall adopt rules pursuant to 24 chapter 17A to implement this section. 25 Sec. 4. Section 49.124, subsection 1, Code 2023, is amended 26 to read as follows: 27 1. The commissioner shall conduct, not later than the day 28 before each primary and general election, a training course for 29 all election personnel , and the commissioner may do so before 30 any other election the commissioner administers . The personnel 31 shall include all precinct election officials and any other 32 persons who will be employed in or around the polling places 33 on election day. At least two precinct election officials who 34 will serve on each precinct election board at the forthcoming 35 -1- LSB 1223XD (3) 90 ss/ns 1/ 7
S.F. _____ H.F. _____ election shall attend the training course. If the entire board 1 does not attend, those members who do attend shall so far as 2 possible be persons who have not previously attended a similar 3 training course. The state commissioner shall adopt rules 4 pursuant to chapter 17A to implement instruction required under 5 this subsection. 6 Sec. 5. Section 49.128, subsection 1, unnumbered paragraph 7 1, Code 2023, is amended to read as follows: 8 No later than twenty days following a general an election, 9 the commissioner shall place on file in the commissioner’s 10 office a certification that the county met the following 11 requirements at the general election: 12 Sec. 6. Section 49.128, subsection 1, Code 2023, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . f. The state commissioner may adopt rules 15 pursuant to chapter 17A to require that the commissioner 16 provide and certify additional information. 17 Sec. 7. Section 49.128, subsection 2, paragraph b, Code 18 2023, is amended by striking the paragraph. 19 Sec. 8. Section 50.11, subsection 2, Code 2023, is amended 20 by striking the subsection. 21 Sec. 9. Section 50.15A, Code 2023, is amended to read as 22 follows: 23 50.15A Unofficial results of voting —— general election only . 24 1. In order to provide the public with an early source 25 of election results before the official canvass of votes, 26 the state commissioner of elections, in cooperation with the 27 commissioners of elections, shall conduct an unofficial canvass 28 of election results following the closing of the polls on 29 the day of a regular city election, regular school election, 30 primary election, and general election. The unofficial 31 canvass shall report election results for national offices, 32 statewide offices, the office of state representative, the 33 office of state senator, and other offices or public measures 34 at the discretion of the state commissioner of elections. 35 -2- LSB 1223XD (3) 90 ss/ns 2/ 7
S.F. _____ H.F. _____ The unofficial canvass shall also report the total number of 1 ballots cast at the general reported election. 2 2. a. After the polls close on election day, the 3 commissioner of elections shall periodically provide election 4 results to the state commissioner of elections as the precincts 5 in the county report election results to the commissioner 6 pursuant to section 50.11 . If the commissioner determines 7 that all precincts will not report election results before 8 the office is closed, the commissioner shall report the most 9 complete results available prior to leaving the office at the 10 time the office is closed as provided in section 50.11 . The 11 commissioner shall specify the number of precincts included in 12 the report to the state commissioner of elections and provide 13 an explanation in writing as to why all precincts will not be 14 reported . 15 b. The state commissioner of elections shall tabulate 16 unofficial election results as the results are received from 17 the commissioners of elections and shall periodically make the 18 reports of the results available to the public. 19 3. Before the day of the general reported election, the 20 state commissioner of elections shall provide a form and 21 instructions for reporting unofficial election results pursuant 22 to this section . 23 Sec. 10. Section 50.48, subsection 4, paragraph c, Code 24 2023, is amended to read as follows: 25 c. The ballots shall be resealed by the recount board before 26 adjournment and shall be preserved as required by section 27 50.12 . At the conclusion of the recount, the recount board 28 shall make and file with the commissioner a written report of 29 its findings, which shall be signed by at least two members of 30 the recount board. The written report shall include a full 31 tally and accounting of ballots reviewed by the recount board 32 and shall be reported as required by sections 50.24 and 53.20. 33 The written report must allow the commissioner to correct the 34 canvass of voters in the manner required by law, if applicable. 35 -3- LSB 1223XD (3) 90 ss/ns 3/ 7
S.F. _____ H.F. _____ The recount board shall complete the recount and file its 1 report not later than the eighteenth day following the county 2 board’s canvass of the election in question. 3 Sec. 11. Section 53.17, subsection 4, unnumbered paragraph 4 1, Code 2023, is amended to read as follows: 5 When a person designated by the voter pursuant to section 6 53.33 retrieves a completed absentee ballot from the voter, the 7 designee shall , upon request of the voter, fill out a receipt 8 to be retained by the voter. The state commissioner shall 9 prescribe a form for receipts required by this subsection . The 10 receipt shall include all of the following: 11 Sec. 12. Section 53.17, subsection 4, paragraph d, Code 12 2023, is amended by striking the paragraph. 13 Sec. 13. Section 53.17, subsection 4, paragraph f, Code 14 2023, is amended to read as follows: 15 f. A statement that the completed absentee ballot will 16 be delivered to the commissioner’s office within seventy-two 17 hours of retrieving it from the voter or before the closing of 18 the polls on election day, whichever is earlier , or that the 19 completed absentee ballot will be mailed to the commissioner 20 within seventy-two hours of retrieving it from the voter . 21 Sec. 14. Section 53.20, subsection 2, paragraph b, Code 22 2023, is amended to read as follows: 23 b. For the primary election, general election , and for any 24 election in which the commissioner determines in advance of 25 the election to report the results of the special precinct by 26 the resident precincts of the voters who cast absentee and 27 provisional ballots, the commissioner shall prepare a separate 28 absentee ballot style for each precinct in the county and shall 29 program the voting system to produce reports by the resident 30 precincts of the voters. 31 Sec. 15. Section 277.4, subsection 4, Code 2023, is amended 32 to read as follows: 33 4. Any person on whose behalf nomination petitions have been 34 filed under this section may withdraw as a candidate by filing 35 -4- LSB 1223XD (3) 90 ss/ns 4/ 7
S.F. _____ H.F. _____ a signed statement to that effect with the secretary consistent 1 with section 44.9 , subsection 5 . 2 Sec. 16. REPEAL. Section 52.41, Code 2023, is repealed. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the conduct of elections. The bill 7 changes the filing deadline for voter registration forms that 8 would be due on the day after Thanksgiving from the following 9 Monday to the next day the office of the county commissioner of 10 elections or the state commissioner of elections is open. 11 The bill allows a county commissioner of elections to use 12 an electronic election register in lieu of a paper register 13 if the electronic election register is a product that has 14 been certified for use in the state by the state commissioner 15 of elections. The bill directs the state commissioner of 16 elections to adopt rules regarding electronic election 17 registers. 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 strikes a provision allowing election officials 35 -5- LSB 1223XD (3) 90 ss/ns 5/ 7
S.F. _____ H.F. _____ to electronically transmit results from voting equipment in 1 the county commissioner of elections’ office after producing a 2 written report of the election results. 3 The bill requires the state commissioner of elections, in 4 cooperation with county commissioners of elections, to conduct 5 an unofficial canvass of election results following the closing 6 of polls for regular city, regular school, primary, and general 7 elections. Current law requires an unofficial canvass only 8 for general elections. If a county commissioner of elections 9 determines that all precincts will not report results before 10 the office is closed, the bill requires the county commissioner 11 to provide a written explanation as to why. 12 The bill requires a recount board to include in its written 13 report following the conclusion of a recount a full tally 14 and accounting of ballots reviewed by the board. The report 15 must allow the county commissioner of elections to correct the 16 canvass of votes in the manner required by law, if applicable. 17 The bill removes a requirement that a receipt filled out by a 18 person designated to return a voter’s completed absentee ballot 19 include a statement regarding the time by which the person 20 will return the ballot and the name of the political party, 21 candidate, or committee for which the designee is acting as an 22 actual or implied agent. Code section 53.33 prohibits such a 23 person from delivering a completed absentee ballot. The bill 24 also removes a provision allowing a voter to request that a 25 person collecting an absentee ballot fill out a receipt. Code 26 section 53.33 makes such receipts mandatory. 27 The bill requires the county commissioner of elections to 28 prepare a separate absentee ballot style for each precinct in 29 the county and program the voting system to produce reports by 30 the resident precincts of the voters for each primary election. 31 The bill updates an internal reference regarding withdrawals 32 of candidates for school district elections. 33 The bill repeals a requirement that the state commissioner 34 of elections adopt by rule standards for the examination and 35 -6- LSB 1223XD (3) 90 ss/ns 6/ 7
S.F. _____ H.F. _____ testing of devices for the electronic transmission of election 1 results with the advice of the board of commissioners and that 2 all voting systems containing such devices comply with those 3 standards. 4 -7- LSB 1223XD (3) 90 ss/ns 7/ 7