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
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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
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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.
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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.
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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
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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
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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
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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.
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