SSB 1175 (LSB 1422XD (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED SECRETARY OF STATE BILL)

A BILL FOR

An Act relating to the administration of elections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 39A.7, Code 2025, is amended to read as follows:
   39A.7  Election misconduct —— investigation.
   1.  The attorney general county sheriff, or other law enforcement agency with jurisdiction, shall investigate allegations of election misconduct reported to the attorney general. Election misconduct by an election official shall also be investigated for prosecution under chapter 721.
   2.  Upon the completion of an investigation required by this section, the attorney general county sheriff, or other law enforcement agency with jurisdiction, shall submit the results of the investigation, including the report from the law enforcement agency, to the attorney general and the state commissioner, and the attorney general shall explain whether the attorney general will pursue charges.  Any information that is requested by or in the possession of the state commissioner pursuant to this chapter remains a confidential record pursuant to section 22.7, subsection 5.
    Sec. 2.  Section 43.18, subsection 9, Code 2025, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States.  This subsection does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office.
    Sec. 3.  Section 43.67, subsection 2, paragraph i, Code 2025, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States.  This paragraph does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office.
    Sec. 4.  Section 44.3, subsection 2, paragraph i, Code 2025, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States.  This paragraph does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office.
    Sec. 5.  Section 45.3, subsection 9, Code 2025, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States.  This subsection does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office.
    Sec. 6.  Section 47.1, subsections 1, 6, 7, and 8, Code 2025, are amended to read as follows:
   1.  The secretary of state is designated as the state commissioner of elections and shall supervise the activities of the county commissioners of elections. There is established within the office of the secretary of state a division of elections which shall be under the direction of the state commissioner of elections. The state commissioner of elections may appoint a person to be in charge of the division of elections who shall perform the duties assigned by the state commissioner of elections. The state commissioner of elections shall prescribe uniform election practices and procedures, shall prescribe the necessary forms required for the conduct of elections, shall assign a number to each proposed constitutional amendment and statewide public measure for identification purposes, and shall adopt rules, pursuant to chapter 17A, to carry out this section. The state commissioner of elections may issue guidance and directives that is are not subject to the rulemaking process to clarify election laws and rules.
   6.  The state commissioner may, at the state commissioner’s discretion, examine the records of a commissioner to evaluate complaints and to ensure compliance with the provisions of chapters 39 through 53. This examination shall include but not be limited to assessments conducted or authorized by private or government entities to evaluate a county’s security readiness for elections-related technology or physical facilities. The state commissioner shall adopt rules pursuant to chapter 17A to require a commissioner to provide written explanations related to examinations conducted pursuant to this subsection. Any information that is requested by or in the possession of the state commissioner pursuant to this chapter shall not lose its confidential status pursuant to section 22.7, subsection 50.
   7.  The state commissioner may share information a county provides to an appropriate government agency to safeguard against cybersecurity or physical threats.  A county commissioner of elections shall notify the state commissioner when the county commissioner’s office is involved in physical or cybersecurity assessments performed by a federal or state agency or other entity.
   8.  The state commissioner may adopt rules pursuant to chapter 17A to create minimum security protocols applicable to county commissioners of elections and vendors utilized by the state commissioner and county commissioners of elections. If a county fails to adhere to these protocols, the state commissioner may limit access to the statewide voter registration system.  If a vendor fails to adhere to these protocols, the state commissioner may limit access to election infrastructure.
    Sec. 7.  Section 47.2, subsection 1, Code 2025, is amended to read as follows:
   1.  The county auditor of each county is designated as the county commissioner of elections in each county. The county commissioner of elections shall conduct voter registration pursuant to chapter 48A and conduct all elections within the county. The county commissioner of elections does not possess home rule powers with respect to the exercise of powers or duties related to the conduct of elections prescribed by statute or rule, or guidance or directives issued pursuant to section 47.1.
    Sec. 8.  Section 49.25, subsection 1, Code 2025, is amended to read as follows:
   1.  The commissioner shall determine pursuant to section 49.26, subsection 2, in advance of an election whether ballots voted in that election shall be counted by automatic tabulating equipment or by precinct election officials. If automatic tabulating equipment will be used, the commissioner shall furnish voting equipment for use by voters with disabilities.
    Sec. 9.  Section 49.26, Code 2025, is amended to read as follows:
   49.26  Commissioner to decide method Methods of voting —— counting of ballots.
   1.  In all elections regulated by this chapter, the voting shall be by paper ballots printed and distributed as provided by law, or by voting systems meeting the requirements of chapter 52.
   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. 10.  NEW SECTION.  49.29  Electronic election register and poll book.
   1.  The commissioner may use an electronic election register or election poll book in lieu of a paper register or poll book if the electronic election register or poll book is a product that has been certified for use in this state by the state commissioner.
   2.  The state commissioner shall adopt rules pursuant to chapter 17A for certification standards for electronic election registers and election poll books. The certification standards must include operational and security standards.
    Sec. 11.  Section 50.24, subsection 3, Code 2025, is amended to read as follows:
   3.  The board shall certify an election canvass summary report prepared by the commissioner. The election canvass summary report shall include the results of the election, including scatterings, overvotes, and undervotes, by precinct for each contest and public measure that appeared on the ballot of the election being canvassed. However, if paper ballots are used pursuant to section 49.26, the election canvass summary report shall not include overvotes and undervotes.
    Sec. 12.  Section 50.50, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The state commissioner may, at the state commissioner’s discretion, call for a recount of any election and advise recount boards convened pursuant to this chapter.
    Sec. 13.  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 be cast, registered, recorded, and counted by means of optical scan voting systems, in accordance with this chapter.
    Sec. 14.  Section 54.5, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  An objection to a nomination made under this section on any grounds other than the legal sufficiency of the certificate of nomination shall not be sustained. The certificate of nomination shall be presumed valid.
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 administration of elections. The bill assigns responsibility for investigating election misconduct reported to the attorney general to the county sheriff or other law enforcement agency with jurisdiction. Upon completion of the investigation, the bill requires the law enforcement agency to report the results of the investigation to the attorney general, in addition to the state commissioner of elections as required under current law. Information in the possession of or requested by the state commissioner of elections as part of an investigation remains a confidential record.
   The bill specifies that candidates for federal office are not required to affirm on an affidavit of candidacy that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. The bill directs the state commissioner of elections to create new forms to be used by candidates for federal office.
   The bill allows the state commissioner of elections to issue directives that are not subject to the administrative rulemaking process to clarify election laws and rules. The bill broadens the scope of records held by a county commissioner of elections that the state commissioner of elections may examine to ensure compliance with requirements relating to the conduct of elections. The bill requires a county commissioner of elections to inform the state commissioner of elections if the county commissioner’s office is involved in physical or cybersecurity assessments performed by a federal or state agency or other entity. The bill allows commissioners of elections to adopt minimum security protocols that must be complied with by vendors utilized by the commissioners of elections and to limit access to election infrastructure if a vendor does not comply with the security protocols.
   The bill strikes a provision allowing a county commissioner of elections to choose whether to use automatic tabulating equipment in certain elections and makes conforming changes. 
   The bill allows a county commissioner of elections to use an electronic election register or poll book in lieu of a paper register or poll book if the electronic election register or poll book is a product that has been certified for use in the state by the state commissioner of elections. The bill directs the state commissioner of elections to adopt rules regarding electronic election registers and poll books, which must include operational and security standards.
   The bill allows the state commissioner of elections to call for a recount of any election and advise recount boards.
   The bill limits objections that may be made to the validity of presidential nominees to the legal sufficiency of the certificate of nomination. Certificates of nomination shall be presumed valid.