HF 169 (LSB 1669HH (1) 91)

HOUSE FILE 169

BY  GOLDING

A BILL FOR

An Act relating to the use of automatic tabulating equipment and optical scan voting systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 49.26, subsection 2, Code 2025, is amended to read as follows:
   2.  a.  The commissioner shall determine in advance of each election conducted for a city of three thousand five hundred or less population or for any school district whether the ballots will be counted by automatic tabulating equipment or by the precinct election officials. In making such a determination, the commissioner shall consider voter turnout for recent similar elections and factors considered likely to affect voter turnout for the forthcoming election.
   b.  If the commissioner concludes, pursuant to paragraph “a”, that voting will probably be so light as to make counting of ballots by the precinct election officials less expensive than preparation and use of automatic tabulating equipment, paper ballots may be used, subject to paragraph “c”. If paper ballots are used, the commissioner shall use ballots and instructions similar to those used when the ballots are counted by automatic tabulating equipment.
   c.  Notwithstanding a determination by the commissioner pursuant to paragraph “b”, upon receipt of a petition signed by not less than one hundred eligible electors, the commissioner shall count the ballots at an election described in paragraph “a” using automatic tabulating equipment. A petition filed under this paragraph must be received by the commissioner not later than 5:00 p.m. on the forty-second day before the election.
    Sec. 2.  Section 52.1, subsection 1, Code 2025, is amended to read as follows:
   1.  At all elections conducted under chapter 49, and at any other election unless the commissioner directs otherwise pursuant to section 49.26, votes shall may be cast, registered, recorded, and counted by means of optical scan voting systems, in accordance with this chapter.
    Sec. 3.  Section 52.2, Code 2025, is amended to read as follows:
   52.2  Optical scan voting system required allowed.
   Notwithstanding any provision to the contrary, for elections held on or after November 4, 2008 July 1, 2025, a county shall may use an optical scan voting system only. The requirements of the federal Help America Vote Act, Pub. L. No. 107-252, 116 Stat. 1666, relating to disabled voters shall may be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use of automatic tabulating equipment and optical scan voting systems in elections. The bill strikes provisions requiring the use of optical scan voting systems in all elections and the use of automatic tabulating equipment in certain elections.