Senate File 159 - Introduced SENATE FILE 159 BY SALMON A BILL FOR An Act relating to voter records created and retained by the 1 state commissioner of elections and county commissioners of 2 elections. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1668XS (2) 91 ss/ns
S.F. 159 Section 1. Section 48A.38, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. The registrar shall not impose any 3 requirements other than those in this section and section 4 48A.39 on the preparation of a list of registered voters and 5 shall immediately prepare a list of registered voters upon the 6 satisfaction of the requirements of this section and section 7 48A.39. 8 Sec. 2. Section 48A.39, Code 2025, is amended to read as 9 follows: 10 48A.39 Use of registration information. 11 Information about individual registrants obtained from 12 voter registration records shall be used only to request the 13 registrant’s vote at an election, or for another genuine 14 political purpose, or for a bona fide official purpose by 15 an elected official, or for bona fide political research, 16 but shall not be used for any commercial purposes. For the 17 purposes of this section, “bona fide political research” 18 includes work by an individual to research and help maintain 19 the voter registration database. 20 Sec. 3. NEW SECTION . 49.106 Records preserved. 21 1. At the conclusion of each election, the state 22 commissioner of elections shall create a record containing all 23 information in the statewide voter registration database at the 24 time of the election for each voter who voted in the election, 25 which must be organized by county. The state commissioner of 26 elections shall maintain this record for eight years. 27 2. A record created pursuant to this section shall be made 28 available in an electronic format at no cost upon request, 29 except that if the record is too large to be transmitted 30 electronically, the requester shall provide a device to store 31 the record. 32 Sec. 4. NEW SECTION . 52.39 Ballot logs. 33 1. Each commissioner of a county with a population of at 34 least one hundred thousand based on the most recent federal 35 -1- LSB 1668XS (2) 91 ss/ns 1/ 4
S.F. 159 decennial census shall create a log of each vote cast in the 1 county for each primary and general election, which must be 2 in the form of a text, comma, or tab delimited file organized 3 in the order in which ballots were processed. The log must 4 include all of the following information for each ballot cast 5 in the county, if available: 6 a. The sequential identification number. 7 b. The timestamp. 8 c. The method by which the ballot was cast. A ballot that 9 was cast in person on election day shall be labeled “P”, a 10 ballot that was cast as an absentee ballot shall be labeled 11 “A”, and a ballot that was cast under the provisions of the 12 federal Uniformed and Overseas Citizens Absentee Voting Act 13 shall be labeled “U”. 14 d. The candidates for whom the ballot was marked. 15 e. Batch identification number. 16 f. Tabulator identification number. 17 2. Each commissioner of a county with a population of less 18 than one hundred thousand based on the most recent federal 19 decennial census shall maintain a ballot log as provided in 20 subsection 1, except that the log shall only include ballots 21 that were cast as absentee ballots. 22 3. A log created pursuant to this section shall not include 23 personally identifiable information for any ballot, including a 24 voter’s name, voter identification number, or address. 25 4. To the extent possible, data in the log shall be made 26 available on a per precinct basis. 27 5. A log created pursuant to this section shall be made 28 available in an electronic format at no cost upon request, 29 except that if the log is too large to be transmitted 30 electronically, the requester shall provide a device to store 31 the log. 32 6. A log created pursuant to this section shall be 33 maintained for eight years after the election for which the log 34 was created. 35 -2- LSB 1668XS (2) 91 ss/ns 2/ 4
S.F. 159 7. The state commissioner of elections shall adopt rules 1 pursuant to chapter 17A to implement this section. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to records created and retained by the 6 state commissioner of elections and county commissioners of 7 elections. 8 The bill prohibits the state registrar of voters from 9 imposing additional requirements on the preparation of a list 10 of registered voters other than those in Code sections 48A.38 11 (lists of voters) and 48A.39 (use of registration information) 12 and requires the state registrar of voters to immediately 13 prepare a list of registered voters upon the satisfaction of 14 those requirements. The bill defines “bona fide political 15 research”, which is a permissible use of information obtained 16 from voter registration records under current law, to include 17 work by an individual to research and help maintain the voter 18 registration database. 19 The bill requires the state commissioner of elections to 20 create a record containing all information in the statewide 21 voter registration database at the time of an election for each 22 voter who voted in that election, which must be organized by 23 county. The state commissioner of elections shall maintain the 24 record for eight years. A person may request an electronic 25 copy of the record at no cost. 26 The bill also requires each county commissioner of elections 27 of a county with a population of at least 100,000 to create a 28 log of each ballot cast at each primary and general election 29 in the form of a text, comma, or tab delimited file. The 30 log must include, to the extent possible, each ballot’s 31 sequential identification number, timestamp, method of voting, 32 selection of candidates, batch identification number, and 33 tabulator identification number. The log shall not include any 34 personally identifiable information for a voter. For a county 35 -3- LSB 1668XS (2) 91 ss/ns 3/ 4
S.F. 159 with a population of less than 100,000, the bill requires the 1 county commissioner of elections to maintain a similar ballot 2 log, but only for absentee ballots. The bill requires the 3 data in the log to be made available on a per precinct basis 4 if possible. A person may request an electronic copy of a 5 log at no cost, and a log shall be maintained for eight years 6 following the election for which the log was created. 7 -4- LSB 1668XS (2) 91 ss/ns 4/ 4