Senate Study Bill 3165 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SCHULTZ) 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 6287XC (2) 90 ss/ns

S.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 49.124, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. The commissioner shall conduct, not later than the day 21 before each primary and general election, a training course for 22 all election personnel , and the commissioner may do so before 23 any other election the commissioner administers . The personnel 24 shall include all precinct election officials and any other 25 persons who will be employed in or around the polling places 26 on election day. At least two precinct election officials who 27 will serve on each precinct election board at the forthcoming 28 election shall attend the training course. If the entire board 29 does not attend, those members who do attend shall so far as 30 possible be persons who have not previously attended a similar 31 training course. The state commissioner shall adopt rules 32 pursuant to chapter 17A to implement instruction required under 33 this subsection . 34 Sec. 4. Section 49.128, subsection 1, unnumbered paragraph 35 -1- LSB 6287XC (2) 90 ss/ns 1/ 8

S.F. _____ 1, Code 2024, is amended to read as follows: 1 No later than twenty days following a general an election, 2 the commissioner shall place on file in the commissioner’s 3 office a certification that the county met the following 4 requirements at the general election: 5 Sec. 5. Section 49.128, subsection 1, Code 2024, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . f. The state commissioner may adopt rules 8 pursuant to chapter 17A to require that the commissioner 9 provide and certify additional information. 10 Sec. 6. Section 49.128, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. a. If the county is required to conduct an audit under 13 section 50.51 , the commissioner shall include a copy of the 14 results with the certification required under this section . 15 b. If a county is not required to conduct an audit under 16 section 50.51 , the commissioner shall include a copy of the 17 certification required under this section along with the 18 election canvass summary report required under section 50.30A . 19 Sec. 7. NEW SECTION . 49.129 Pre-election submission 20 requirements. 21 1. No later than ten days before the election, the 22 commissioner shall notify the state commissioner of all of the 23 following: 24 a. The date, time, and location the testing of voting 25 equipment required pursuant to section 52.35 is to be 26 performed. 27 b. The date the election notice will be published pursuant 28 to section 49.53 and where it will appear. 29 c. The date the election personnel training course required 30 pursuant to section 49.124 is to be conducted. 31 2. The state commissioner may adopt rules pursuant to 32 chapter 17A to require that the commissioner provide and 33 certify additional information. 34 Sec. 8. Section 50.15A, Code 2024, is amended to read as 35 -2- LSB 6287XC (2) 90 ss/ns 2/ 8

S.F. _____ follows: 1 50.15A Unofficial results of voting —— general election only . 2 1. In order to provide the public with an early source 3 of election results before the official canvass of votes, 4 the state commissioner of elections, in cooperation with the 5 commissioners of elections, shall conduct an unofficial canvass 6 of election results following the closing of the polls on 7 the day of a regular city election, regular school election, 8 primary election, or general election , or any other election 9 at the discretion of the state commissioner . The unofficial 10 canvass shall report election results for national offices, 11 statewide offices, the office of state representative, the 12 office of state senator, and other offices or public measures 13 at the discretion of the state commissioner of elections. 14 The unofficial canvass shall also report the total number of 15 ballots cast at the general reported election. 16 2. a. After the polls close on election day, the 17 commissioner of elections shall periodically provide election 18 results to the state commissioner of elections as the precincts 19 in the county report election results to the commissioner 20 pursuant to section 50.11 . If the commissioner determines 21 that all precincts will not report election results before 22 the office is closed, the commissioner shall report the most 23 complete results available prior to leaving the office at the 24 time the office is closed as provided in section 50.11 . The 25 commissioner shall specify the number of precincts included in 26 the report to the state commissioner of elections and provide 27 an explanation in writing as to why all precincts will not be 28 reported . 29 b. The state commissioner of elections shall tabulate 30 unofficial election results as the results are received from 31 the commissioners of elections and shall periodically make the 32 reports of the results available to the public. 33 3. Before the day of the general reported election, the 34 state commissioner of elections shall provide a form and 35 -3- LSB 6287XC (2) 90 ss/ns 3/ 8

S.F. _____ instructions for reporting unofficial election results pursuant 1 to this section . 2 4. The state commissioner shall set a date and time by which 3 a commissioner must complete testing of the system used for the 4 unofficial canvass before the reported election. 5 Sec. 9. Section 50.48, subsection 5, Code 2024, is amended 6 to read as follows: 7 5. a. (1) At the conclusion of a recount, the recount 8 board shall make and file with the commissioner a written 9 report of its findings, signed by a majority of the recount 10 board. 11 (2) The commissioner or commissioner’s designee may 12 assist in compiling the written report. The written report 13 shall include a full tally and accounting of ballots reviewed 14 by the recount board and shall be reported as required by 15 sections 50.24 and 53.20. The written report must allow the 16 commissioner to correct the canvass of voters in the manner 17 required by law, if applicable. 18 b. If the recount board’s report is that the abstracts 19 prepared pursuant to the county board’s canvass were incorrect 20 as to the number of votes cast for the candidates for the 21 office or nomination in question, in that county or district, 22 the commissioner shall at once so notify the county board. The 23 county board shall reconvene within three days after being so 24 notified, but no later than noon on the twenty-seventh day 25 following the election in question for a recount of the offices 26 of president and vice president, and shall correct its previous 27 proceedings. 28 Sec. 10. 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 -4- LSB 6287XC (2) 90 ss/ns 4/ 8

S.F. _____ receipt shall include all of the following: 1 Sec. 11. Section 53.17, subsection 4, paragraph d, Code 2 2024, is amended by striking the paragraph. 3 Sec. 12. 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. 13. 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. 14. 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. 15. 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 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 6287XC (2) 90 ss/ns 5/ 8

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to the conduct of elections. The bill 2 changes the filing deadline for voter registration forms that 3 would be due on the day after Thanksgiving from the following 4 Monday to the next day the office of the county commissioner of 5 elections or the state commissioner of elections is open. 6 The bill requires a county commissioner of elections to 7 hold training for all election personnel before each election, 8 rather than before each primary and general election. The bill 9 also requires the state commissioner of elections to adopt 10 rules for the implementation of required instruction. 11 The bill requires a county commissioner of elections 12 to place on file a certification that the office of the 13 commissioner met certain requirements within 20 days after 14 each election. Current law requires that such certifications 15 be filed after a general election. The bill allows the state 16 commissioner of elections to adopt rules requiring county 17 commissioners of elections to provide and certify additional 18 information. The bill strikes a provision requiring a county 19 commissioner of elections to include a copy of a certification 20 along with an election canvass summary report when a county is 21 not required to conduct an audit. 22 The bill requires a county commissioner of elections to 23 provide certain information to the state commissioner of 24 elections not later than 10 days before an election, including 25 the date, time, and location of equipment testing, the date and 26 location where the election notice will be published, and the 27 date that election personnel training will be conducted. The 28 bill allows the state commissioner to adopt rules to require 29 that a county commissioner provide and certify additional 30 information. 31 The bill requires the state commissioner of elections, 32 in cooperation with county commissioners of elections, to 33 conduct an unofficial canvass of election results following the 34 closing of polls for regular city, regular school, primary, or 35 -6- LSB 6287XC (2) 90 ss/ns 6/ 8

S.F. _____ general elections, and any other election at the discretion of 1 the state commissioner. Current law requires an unofficial 2 canvass only for general elections. If a county commissioner 3 of elections determines that all precincts will not report 4 results before the office is closed, the bill requires the 5 county commissioner to provide a written explanation as to why. 6 The bill requires the state commissioner to set a date by which 7 a commissioner must complete testing of equipment used for an 8 unofficial canvass. 9 The bill requires a recount board to include in its written 10 report following the conclusion of a recount a full tally 11 and accounting of ballots reviewed by the board. The report 12 must allow the county commissioner of elections to correct the 13 canvass of votes in the manner required by law, if applicable. 14 The bill requires the report to be signed by a majority of the 15 recount board and allows the commissioner or the commissioner’s 16 designee to assist in compiling the report. If the report is 17 that the initial abstracts were incorrect, the bill requires 18 the county board to reconvene no later than noon 27 days 19 following an election if the election is for president or vice 20 president. 21 The bill removes a requirement that a receipt filled out by a 22 person designated to return a voter’s completed absentee ballot 23 include a statement regarding the time by which the person 24 will return the ballot and the name of the political party, 25 candidate, or committee for which the designee is acting as an 26 actual or implied agent. Code section 53.33 prohibits such a 27 person from delivering a completed absentee ballot. The bill 28 also removes a provision allowing a voter to request that a 29 person collecting an absentee ballot fill out a receipt. Code 30 section 53.33 makes such receipts mandatory. 31 The bill requires the county commissioner of elections to 32 prepare a separate absentee ballot style for each precinct in 33 the county and program the voting system to produce reports by 34 the resident precincts of the voters for each primary election. 35 -7- LSB 6287XC (2) 90 ss/ns 7/ 8

S.F. _____ The bill updates an internal reference regarding withdrawals 1 of candidates for school district elections. 2 The bill changes the meeting date for presidential electors 3 and alternates from the first Monday after the second Wednesday 4 in December next following the election to the first Tuesday 5 after the second Wednesday in December next following the 6 election. 7 -8- LSB 6287XC (2) 90 ss/ns 8/ 8