HF 928 (LSB 1833HV (1) 91)

HOUSE FILE 928

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 596)

A BILL FOR

An Act relating to the recounting and contesting of elections, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 50.48, subsection 1, paragraph a, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The Except as provided in paragraph “c”, the county board of canvassers shall order a recount of the votes cast for a particular office or nomination in one or more specified each election precincts in that county precinct where a vote was cast for an office if a written request for a recount is made not later than 5:00 p.m. on the third day second Wednesday following the county board’s canvass of the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is one percent or less. For a city runoff election held pursuant to section 376.9, the written request must be made not later than 5:00 p.m. on the day following the county board’s canvass of the city runoff election. The request shall be filed with the commissioner of that county and shall be signed by either of the following:
    Sec. 2.  Section 50.48, subsection 1, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  The state commissioner of elections shall order a recount of the votes cast for the election or nomination of a candidate for a statewide elected office, member of the general assembly, or federal office in each precinct where a vote was cast for the office if a written request for a recount is made not later than 5:00 p.m. on the second Wednesday following the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is one percent or less. Immediately upon receipt of a request for a recount pursuant to this paragraph, the state commissioner of elections shall send a copy of the request to each commissioner of a county where a ballot for the office was cast, who shall conduct a recount as provided by this section and on such date as the state commissioner of elections may direct. The state commissioner of elections shall order the start of a recount pursuant to this paragraph within seven days of receipt by the state commissioner of elections of the request for a recount. A candidate for an office filled by the electors of the entire state shall not be required to pay more than one bond for a recount.
   NEW PARAGRAPH.  d.  Immediately upon receipt of a request for a recount for an office filled by the electors of more than one county, other than from the state commissioner of elections pursuant to paragraph “c”, the commissioner shall send a copy of the request to each commissioner of a county where a ballot for the office was cast, who shall conduct a recount as provided in this section.
    Sec. 3.  Section 50.48, subsection 2, paragraph a, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The candidate requesting a recount under this section shall post a bond, unless the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is less than the greater of fifty votes or one-tenth of one percent or less of the total number of votes cast for the office or nomination in question.  The candidate requesting the recount shall sign an affidavit affirming that the candidate shall be responsible for the payment of the bond if the candidate’s committee does not pay for the bond. If a recount is requested for an office to which more than one person was elected, the vote difference calculations shall be made using the difference between the number of votes received by the person requesting the recount and the number of votes received by the apparent winner who received the fewest votes. Where votes cast for that office or nomination were canvassed in more than one county, the abstracts prepared by the county boards in all of those counties shall be totaled for purposes of this subsection. If a bond is required, it shall be filed with the state commissioner for recounts involving a state office, including a seat in the general assembly, or a seat in the United States Congress, and with the commissioner responsible for conducting the election in all other cases, and shall be in the following amount:
    Sec. 4.  Section 50.48, subsections 3 and 4, Code 2025, are amended to read as follows:
   3.  a.  The recount shall be conducted by a board which shall consist of:
   (1)  A designee of the candidate requesting the recount, who shall be named in the written request when it is filed.
   (2)  A designee of the apparent winning candidate, who shall be named by that candidate at or before the time the board is required to convene.
   (3)  A person chosen jointly by the members designated under subparagraphs (1) and (2) the commissioner, the commissioner’s staff, and any persons employed by the commissioner to tally ballots during the election.
   b.  The commissioner shall convene the persons designated under paragraph “a”, subparagraphs (1) and (2), not later than 9:00 a.m. on the seventh day following the county board’s canvass receipt of a request for the recount of the election in question. If those two members cannot agree on the third member by 8:00 a.m. on the ninth day following the canvass, they shall immediately so notify the chief judge of the judicial district in which the canvass is occurring, who shall appoint the third member not later than 5:00 p.m. on the eleventh day following the canvass.
   c.  The candidate requesting the recount and the apparent winning candidate of the office subject to the recount may select not more than five persons to observe the conduct of the recount. The candidates shall submit the names of any observers appointed pursuant to this paragraph to the commissioner prior to the start of the recount.
   4.  a.  When all members of the recount board have been selected convened, the board shall undertake and complete the required recount as expeditiously as reasonably possible. The commissioner or the commissioner’s designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage. The board shall open only the sealed ballot containers from the precincts specified to be recounted in the request or by the recount board. The board shall recount only the all ballots which were voted and counted for the office in question, including any disputed ballots returned as required in section 50.5. If automatic tabulating equipment was used to count the ballots, the recount board may request the commissioner to retabulate the ballots using the automatic tabulating equipment. The same program used for tabulating the votes on election day shall be used at the recount unless the program is believed or known to be flawed.  A recount may be conducted either by hand or by the use of automatic tabulating equipment, but not both. The commissioner shall make all pieces of automatic tabulating equipment available for use in the recount.
   b.  Any member of the recount board may at any time during the recount proceedings extend the recount of votes cast for the office or nomination in question to any other precinct or precincts in the same county, or from which the returns were reported to the commissioner responsible for conducting the election, without the necessity of posting additional bond.
   c.  b.  The ballots shall be resealed by the recount board before adjournment and shall be preserved as required by section 50.12. At the conclusion of the recount, the recount board shall make and file with the commissioner a written report of its findings, which shall be signed by at least two two-thirds of the members of the recount board. The recount board shall complete the recount and file its report not later than the eighteenth day following the county board’s canvass commissioner’s receipt of a request for the recount of the election in question.
    Sec. 5.  Section 50.48, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  a.  The commissioner shall comply with all guidance issued by the state commissioner of elections pursuant to section 47.1 during the conduct of a recount. The state commissioner may halt a recount, take custody of all ballots and equipment used in the recount, and appoint staff to conduct a recount if the state commissioner believes that a recount is not being conducted as required by law.
   b.  If the state commissioner believes that a commissioner is purposefully conducting a recount in violation of law, the state commissioner may impose a civil penalty on the commissioner not to exceed twenty-five thousand dollars, to be deposited in the general fund of the state.
    Sec. 6.  Section 57.7, Code 2025, is amended to read as follows:
   57.7  Contest court for contest of public measure —— appeal.
   The court for the trial of a contested election on a public measure shall consist of one person designated by the petitioners who are contesting the election, who shall be designated in writing by the petitioners at the time the contest is filed, one person designated by the county commissioner of elections to represent the interests adverse to those of the petitioners, and a third person who shall be chosen jointly by the designees of the petitioners and of the commissioner. If the persons selected by the petitioners and the county commissioner of elections cannot agree on a third person, the chief judge of the judicial district in which the contest is filed shall appoint a third person to serve five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year.  The decision of the contest court may be appealed to the supreme court.
    Sec. 7.  Section 58.4, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   58.4  Contest court.
   The contest court shall consist of five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year.
    Sec. 8.  Section 58.5, Code 2025, is amended to read as follows:
   58.5  Powers and proceedings.
   The members thus drawn selected shall constitute a committee to try and determine the contested election, and for that purpose shall hold their meetings publicly at the place where the general assembly is sitting, at such times as they may designate; and may adjourn from day to day or to a day certain, not more than four days distant, until such trial is determined; shall have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to the contestant and the incumbent; and shall report their judgment to both branches of the general assembly, which report shall be entered on the journals of both houses.
    Sec. 9.  Section 58.7, Code 2025, is amended to read as follows:
   58.7  Judgment.
   The judgment of the committee pronounced in the final decision on the election shall be conclusive may be appealed to the supreme court.
    Sec. 10.  Section 60.1, Code 2025, is amended to read as follows:
   60.1  Court of contest.
   The court for the trial of contested elections for presidential electors or for the office of senator or representative in Congress shall consist of the chief justice of the supreme court, who shall be presiding judge of the court, and four five judges of the district court to be selected by the chief justice of the supreme court by January 30 of each odd-numbered year, two three of whom, with the chief justice, shall constitute a quorum for the transaction of the business of the court. If the chief justice should for any cause be unable to attend at the trial, the judge longest on the supreme court bench shall preside in place of the chief justice; and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question The district court judge longest serving shall be the presiding judge of the court.
    Sec. 11.  Section 60.6, Code 2025, is amended to read as follows:
   60.6  Judgment —— appeal.
   The judgment of the court shall determine which of the parties to the action is entitled to hold the office and shall be authenticated by the presiding judge and clerk of the court and filed with the secretary of state; and the judgment so rendered shall constitute a final determination of the title to the office may be appealed to the supreme court, and a certificate of appointment shall be issued to the successful party.
    Sec. 12.  Section 61.1, Code 2025, is amended to read as follows:
   61.1  Contest court.
   The court for the trial of contested state offices, except that of governor and lieutenant governor, shall consist of three five district judges, not interested, who shall be selected by the chief justice of the supreme court.
    Sec. 13.  Section 61.4, Code 2025, is amended to read as follows:
   61.4  Selection of court.
   Upon the filing of such statement, the The chief justice of the supreme court shall select the membership of the court to try such contest by January 30 of each odd-numbered year, and immediately certify such selection to the clerk of the supreme court. Vacancies shall also be filled by the chief justice.
    Sec. 14.  Section 61.12, Code 2025, is amended to read as follows:
   61.12  Judgment filed —— execution.
   A transcript of the judgment rendered by such court, filed in the office of the clerk of the supreme court, shall have the force and effect of a judgment of the supreme court, except that the judgment of the court may be appealed to the supreme court, and execution may issue therefrom in the first instance against the party’s property generally.
    Sec. 15.  Section 62.1A, Code 2025, is amended to read as follows:
   62.1A  Contest court established.
   The court for the trial of contested county elections shall consist of one member named by the contestant and one member named by the incumbent. If the incumbent fails to name a member, the chief judge of the judicial district shall be notified of the failure to appoint. The chief judge shall designate the second member within one week after the chief judge is notified. These two members shall meet within three days and select a third member to serve as the presiding member of the court. If they cannot agree on the third member of the court within three days after their initial meeting, the chief judge of the judicial district shall be notified of the failure to agree. The chief judge shall designate the presiding member within one week after the chief judge is notified five district judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year.
    Sec. 16.  Section 62.20, Code 2025, is amended to read as follows:
   62.20  Appeal.
   The party against whom judgment is rendered may appeal within twenty days to the district supreme court, but, if the party be in possession of the office, such appeal will not supersede the execution of the judgment of the court as provided in section 62.19, unless the party gives a bond, with security to be approved by the district judge supreme court in a sum to be fixed by the judge supreme court, and which shall be at least double the probable compensation of such officer for six months, which bond shall be conditioned that the party will prosecute the appeal without delay, and that, if the judgment appealed from be affirmed, the party will pay over to the successful party all compensation received by the party while in possession of said office after the judgment appealed from was rendered. The court shall hear the appeal in equity and determine anew all questions arising in the case.
    Sec. 17.  Section 62.21, Code 2025, is amended to read as follows:
   62.21  Judgment.
   If, upon appeal, the judgment is affirmed, the district supreme court may render judgment upon the bond for the amount of damages, against the appellant and the sureties thereon.
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 recounting of elections and election contests. The bill requires an election recount to be conducted in each precinct where a ballot for a given office was cast when a recount is requested for that office. The bill changes the deadline for the receipt of a request for a recount to the second Wednesday following an election and makes conforming changes. The bill requires a person seeking a recount of an election for a statewide elected office, member of the general assembly, or federal office to submit the request to the state commissioner of elections. The difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount must be 1 percent or less in order for a recount to be called. The person requesting the recount must pay a bond unless the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is 0.1 percent or less. The bill requires the candidate requesting the recount to affirm that the candidate will be responsible for the payment of the bond if the candidate’s committee does not pay for the bond.
   The bill changes the composition of the election recount board to consist of the county commissioner of elections, the county commissioner of elections’ staff, and any persons employed by the county commissioner of elections to tally ballots during the election. The bill allows the apparent winning candidate and the candidate requesting the recount to select not more than five persons each to observe the recount. A recount may be conducted either by hand or by use of automatic tabulating equipment, but not by both. The county commissioner of elections must make all automatic tabulating equipment available for use during the recount. The bill requires the recount board’s written report of its findings to be signed by at least two-thirds of the members of the board.
   The bill requires a county commissioner of elections to comply with all guidance issued by the state commissioner of elections. If the state commissioner of elections believes that a recount is not being conducted as required by law, the bill allows the state commissioner to halt the recount, take custody of all ballots and equipment used in the recount, and appoint staff to conduct the recount. If the state commissioner of elections believes that a county commissioner of elections is purposefully conducting a recount in violation of law, the state commissioner may impose a civil penalty on the county commissioner not to exceed $25,000, to be deposited in the general fund of the state.
   The bill changes the membership of contest courts for public measures, governor and lieutenant governor, presidential electors and federal officers, state officers, and county officers to consist of five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year. The bill allows the decisions of contest courts for public measures, governor and lieutenant governor, presidential electors and federal officers, state officers, and county officers to be appealed to the supreme court.