SSB 1176 (LSB 1420XD (2) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED SECRETARY OF STATE BILL)

A BILL FOR

An Act relating to the conduct of election recounts, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.49, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   On the Monday or Tuesday following the primary election, the board of supervisors shall meet, open, and canvass the returns from each voting precinct in the county, and make abstracts thereof, stating the following:
    Sec. 2.  Section 43.56, subsection 1, paragraphs a, b, and c, Code 2025, are amended to read as follows:
   a.  One person or two designees, according to the population of the county as provided in section 50.48, subsection 3, paragraph “a”, chosen by the candidate requesting the recount, who shall be named in the written request when the request is filed.
   b.  One person or two designees, according to the population of the county as provided in section 50.48, subsection 3, paragraph “a”, chosen by the candidate who received the highest number of votes for the nomination being recounted at or before the time the board is required to convene. However, if the candidate who requested the recount received more votes than anyone else for the nomination, the candidate who received the second highest number of votes shall designate this person choose the designee or designees, as applicable, to serve on the recount board.
   c.  A third person mutually agreeable to the board members designated by the candidates One or three persons, according to the population of the county as provided in section 50.48, subsection 3, paragraph “a”, who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
    Sec. 3.  Section 46.24, subsection 1, Code 2025, is amended to read as follows:
   1.  A judge of the supreme court, court of appeals, or district court including a district associate judge, full-time associate juvenile judge, or full-time associate probate judge, or a clerk of the district court must receive more affirmative than negative votes to be retained in office. When the poll is closed, the election judges shall publicly canvass the vote forthwith. The board of supervisors shall canvass the returns on the Monday or Tuesday after the election, and shall promptly certify the number of affirmative and negative votes on each judge or clerk to the state commissioner of elections.
    Sec. 4.  Section 47.1, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  The state commissioner may, at the state commissioner’s discretion, call for a recount of any election and advise recount boards convened pursuant to chapter 50.
    Sec. 5.  Section 50.12, Code 2025, is amended to read as follows:
   50.12  Return and preservation of ballots.
   Immediately after making the proclamation, and before separating, the board members of each precinct in which votes have been received by paper ballot shall enclose in an envelope or other container all ballots which have been counted by them, except those endorsed “Rejected as double”, “Defective”, or “Objected to”, and securely seal the envelope. The signatures of all board members of the precinct shall be placed across the seal or the opening of the container so that it cannot be opened without breaking the seal. The precinct election officials shall return all the ballots to the commissioner, who shall carefully preserve them for six months. Ballots from elections for federal offices shall be preserved for twenty-two months. The sealed packages containing voted ballots shall be opened only for an official recount authorized by section 50.48, or 50.49, or 50.50, for an election contest held pursuant to chapters 57 through 62, to conduct an audit pursuant to section 50.50 or 50.51, or to destroy the ballots pursuant to section 50.19.
    Sec. 6.  Section 50.21, subsection 1, Code 2025, is amended to read as follows:
   1.  The commissioner shall reconvene the election board of the special precinct established by section 53.20 not earlier than noon on the second day following each election which is required by law to be canvassed on the Monday or Tuesday following the election. If the second day following such an election is a legal holiday the special precinct election board may be convened at noon on the day following the election, and if the canvass of the election is scheduled at any time earlier than the Monday Tuesday following the election, the special precinct election board shall be reconvened at noon on the day following the election.
    Sec. 7.  Section 50.24, subsections 1 and 4, Code 2025, are amended to read as follows:
   1.  The county board of supervisors shall meet to canvass the vote on the first Monday or Tuesday after the day of each election to which this chapter is applicable, unless the law authorizing the election specifies another date for the canvass. If that Monday or Tuesday is a public holiday, section 4.1, subsection 34, controls.
   4.  For a regular or special city election or a city runoff election, if the city is located in more than one county, the controlling commissioner for that city under section 47.2 shall conduct a second canvass on the second Monday or Tuesday after the day of the election. However, if a recount is requested pursuant to section 50.48, the controlling commissioner shall conduct the second canvass within two business days after the conclusion of the recount proceedings. Each commissioner conducting a canvass for the city pursuant to subsection 1 shall transmit abstracts for the offices and public measures of that city to the controlling commissioner for that city, along with individual tallies for each write-in candidate. At the second canvass, the county board of supervisors of the county of the controlling commissioner shall canvass the abstracts received pursuant to this subsection and shall prepare a combined city abstract stating the number of votes cast in the city for each office and on each question on the ballot for the city election. The combined city abstract shall further indicate the name of each person who received votes for each office on the ballot, the number of votes each person named received for that office, and the number of votes for and against each question submitted to the voters at the election. The votes of all write-in candidates who each received less than five percent of the total votes cast in the city for an office shall be reported collectively under the heading “scattering”.
    Sec. 8.  Section 50.24, subsection 5, paragraph a, Code 2025, is amended to read as follows:
   a.  For a regular or special school election, if the school district is located in more than one county, the controlling commissioner for that school district under section 47.2 shall conduct a second canvass on the second Monday or Tuesday after the day of election. However, if a recount is requested pursuant to section 50.48, the controlling commissioner shall conduct the second canvass within two business days after the conclusion of the recount proceedings. Each commissioner conducting a canvass for the school district pursuant to subsection 1 shall transmit abstracts for the offices and public measures of that school district to the controlling commissioner for that school district, along with individual tallies for each write-in candidate. At the second canvass the county board of supervisors of the controlling county shall canvass the abstracts received pursuant to this subsection and shall prepare a combined school district abstract stating the number of votes cast in the school district for each office and on each question on the ballot for the school election. The combined school district abstract shall further indicate the name of each person who received votes for each office on the ballot, the number of votes each person named received for that office, and the number of votes for and against each question submitted to the voters at the election. The votes of all write-in candidates who each received less than five percent of the total votes cast in the school district for an office shall be reported collectively under the heading “scattering”.
    Sec. 9.  Section 50.48, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  The Except as provided in paragraph “b”, the county board of canvassers shall order a recount of the votes cast for a particular office or nomination in one or more all specified election precincts in that county if a written request for a recount is made filed with the commissioner of that county not later than 5:00 p.m. on the third second day following the county board’s canvass of the election in question. For a city runoff election held pursuant to section 376.9, the written request must be made filed with the commissioner of that county 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:
   (1)  A candidate for that office or nomination whose name was printed on the ballot of the precinct or precincts where the recount is requested.
   (2)  Any other person who receives votes for that particular office or nomination in the precinct or precincts where the recount is requested and who is legally qualified to seek and to hold the office in question.
   b.  The state commissioner shall order a recount of the votes cast for a statewide office, a seat in the United States Congress, or electors for president or vice president, or nominations for such offices, in each county specified in a written request if a written request for a recount is filed with the state commissioner not later than 5:00 p.m. on the second day following the county canvass of the election in question.
   c.  If automatic tabulating equipment was used to tabulate votes in the precinct, a written request for a recount must indicate whether the recount shall be conducted only using automated tabulating equipment or by a hand recount. The same method of recounting must be requested and used in each county in which the candidate requests a recount. The request must be filed with the commissioner of the county where the candidate is requesting a recount and must be signed by either of the following:
   (1)  A candidate for that office or nomination whose name was printed on a ballot of the precinct where the recount is requested.
   (2)  Any other person who receives votes for that particular office or nomination in the precinct where the recount is requested and who is legally qualified to seek and to hold the office in question.
   b.  d.  Immediately upon receipt of a request for a recount under paragraph “a”, the commissioner shall send a copy of the request to the apparent winner by certified mail and the state commissioner by electronic mail.  Immediately upon receipt of a request for a recount under paragraph “b”, the state commissioner shall send a copy of the request to the apparent winner by certified mail and the commissioner of each county specified in the request by electronic mail. The commissioner or state commissioner who initially received the request for a recount shall also attempt to contact the apparent winner by telephone. If the apparent winner cannot be reached within four three days, the chairperson of the political party or organization which nominated the apparent winner shall be contacted and shall act on behalf of the apparent winner, if necessary. For candidates for state or federal offices, the chairperson of the state party shall be contacted. For candidates for county offices, the county chairperson of the party shall be contacted.
   e.  Upon completion of an administrative audit, a candidate who submitted a request for a recount may withdraw the request within twenty-four hours.
    Sec. 10.  Section 50.48, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  (1)  Upon receipt of a written request for a hand recount involving a state office, including a seat in the general assembly, a seat in the United States Congress, or electors for president or vice president, forwarded by the commissioner, the state commissioner shall verify that each request for a recount for that office submitted by that candidate included a request for a hand recount. For each request that did not include a request for a hand recount, the state commissioner shall assess a civil penalty of one hundred dollars against the candidate, to be deposited in the general fund of the state. The civil penalty shall first be deducted from the bond filed by the candidate.
   (2)  Upon verification that a candidate for a state office, including a seat in the general assembly, a seat in the United States Congress, or electors for president or vice president, submitted a written request for a hand recount in at least one but not all counties, the state commissioner shall, within six days following the county canvass of the election, inform each commissioner to which a hand recount was not requested that a hand recount shall be performed pursuant to this section.
    Sec. 11.  Section 50.48, subsections 3 and 4, Code 2025, are amended by striking the subsections and inserting in lieu thereof the following:
   3.  a.  The recount shall be conducted by a board which shall consist of one of the following:
   (1)  For a county with a population of fewer than fifteen thousand according to the most recent federal decennial census, all of the following:
   (a)  A designee of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  A designee of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  A member who is a precinct election official selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   (2)  For a county with a population of at least fifteen thousand but fewer than fifty thousand according to the most recent federal decennial census, all of the following:
   (a)  A designee of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  A designee of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  Three members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   (3)  For a county with a population of fifty thousand or greater, all of the following:
   (a)  Two designees of the candidate requesting the recount, who shall be named in the written request when the request is filed.
   (b)  Two designees of the apparent winning candidate, who shall be named by the candidate at or before the time the board is required to convene.
   (c)  Three members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene.
   b.  Members appointed to the recount board by the chief judge shall be selected consistent with section 49.13, subsection 2, for partisan offices and section 49.12 for nonpartisan offices.
   c.  The commissioner shall convene the persons designated under paragraph “a” not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
   4.  When all members of the recount board have been selected, the board shall undertake and complete the required recount as expeditiously as reasonably possible in the following manner:
   a.  The commissioner shall inform the board whether the candidate has requested a hand recount. The commissioner or the commissioner’s designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage.
   b.  The board shall direct 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.
   c.  The board shall recount only the ballots which were voted and counted for the office in question, including any disputed ballots returned as required in section 50.5.
   d.  After retabulating the ballots as provided in paragraph “b”, the board shall compare the printed results of the tabulation equipment to the abstract prepared pursuant to the county board’s canvass. The board shall note any discrepancies between the two results.
   e.  If the candidate’s written request included a request for a hand recount, the board shall separate the ballots into piles: one for each candidate, one for write-in votes, and one for ballots considered an over or under count. The board shall review and tabulate the ballots in each pile as provided in section 49.98. The board shall compare the hand recount results to the printed results of the tabulation equipment and the abstract. If there are discrepancies between the three results, then the results of the hand recount shall control.
   f.  The ballots shall be resealed by the recount board before adjournment and shall be preserved as required by section 50.12.
    Sec. 12.  Section 50.48, subsection 5, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.  The recount board shall complete the recount and file its report as follows:
   (1)  For the offices of president and vice president, not later than the seventeenth day following the county board’s canvass of the election in question.
   (2)  For a state office, including a seat in the general assembly, or a seat in the United States Congress, not later than the twenty-first day following the county board’s canvass of the election in question.
   (3)  For any other office, not later than the thirteenth day following the county board’s canvass of the election in question.
    Sec. 13.  Section 50.48, subsection 6, Code 2025, is amended to read as follows:
   6.  a.  The commissioner shall promptly notify the state commissioner of any recount of votes for an office to which section 50.30, or section 43.60 in the case of a primary election, is applicable, or any other office elected by the residents of more than one county. If necessary, the state canvass required by section 50.38, or by section 43.63, as the case may be, shall be delayed with respect to the office or the nomination to which the recount pertains. The commissioner shall subsequently inform the state commissioner at the earliest possible time whether any change in the outcome of the election in that county or district resulted from the recount.
   b.  Upon verification that a candidate submitted a written request for a hand recount in at least one but not all counties, the state commissioner shall, within six days following the county canvass of the election, inform each commissioner of a county in which a recount was requested that a hand recount shall be performed pursuant to this section.
    Sec. 14.  Section 50.48, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Before the recount board has issued its final report, the candidate or person who requested the recount may reach an agreement with the apparent winner to accept the results of the original canvass by submitting the agreement in writing to the recount board. Upon receipt of the agreement, the recount board shall cease its work and report to the county commissioner that the results of the original canvass are the official results.
    Sec. 15.  Section 50.49, subsection 1, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  a.  A recount for any public measure shall be ordered by the board of canvassers not later than two days after the completion of the canvass of voters for the election if a petition requesting a recount is filed with the county commissioner of a county in which the question appeared on the ballot. The petition for a recount shall indicate whether the recount shall be conducted only using automatic tabulating equipment or by a hand recount following the use of automatic tabulating equipment. If a petition requests a hand recount in one county, the petition shall also request a hand recount in each county in which the petition is filed. A petition must be filed by the person submitting the petition in each county in which the public measure appeared on the ballot. If the petition is not filed by the person submitting the petition in each county in which the public measure appeared on the ballot, a recount shall not be conducted.
   b.  The petition must be signed by the greater of ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure in the county. Each person signing the petition must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote.
   c.  Immediately upon receipt of a petition for a recount, the commissioner shall send a copy of the petition to the state commissioner by electronic mail. The state commissioner shall confirm that a petition was filed in every county the public measure appeared on the ballot prior to the convening of the recount board. The state commissioner shall also verify whether each petition for a recount included a request for a hand recount. If the state commissioner verifies that a petition included a request for a hand recount in at least one but not all counties, the state commissioner shall, prior to convening of the recount board, inform each commissioner at which a hand recount was not requested that a hand recount shall be performed.
    Sec. 16.  Section 50.49, subsection 2, paragraph b, Code 2025, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  Two members who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs at or before the time the board is required to convene. The members shall be selected consistent with section 49.12.
    Sec. 17.  Section 50.49, subsection 2, paragraph c, Code 2025, is amended by striking the paragraph.
    Sec. 18.  Section 50.49, subsection 3, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  The commissioner shall convene the recount board not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
    Sec. 19.  Section 50.50, Code 2025, is amended to read as follows:
   50.50  Administrative recounts audits.
   1.  The commissioner who was responsible for conducting an election may request an administrative recount audit when the commissioner is informed or suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct. An administrative recount audit shall be conducted by the board of the special precinct established by section 53.23. Bond shall not be required for an administrative recount. The state commissioner may adopt rules for administrative recounts audits.
   2.  If the recount board finds that there is an error in the programming of any voting equipment which may have affected the outcome of the election for any office or public measure on the ballot, the recount board shall describe the errors in its report to the commissioner. The commissioner shall notify the board of supervisors. The supervisors shall determine whether to order an administrative recount for any or all of the offices and public measures on the ballot.  Each political party, as defined in section 43.2, may appoint up to five observers to witness an audit conducted pursuant to this section. The observers shall be appointed by the county chairperson or, if the county chairperson fails to make an appointment, by the state chairperson. However, if either or both political parties fail to appoint an observer, the board may continue with the proceedings.
    Sec. 20.  Section 50.51, subsection 3, paragraph a, Code 2025, is amended by striking the paragraph.
    Sec. 21.  Section 60.2, Code 2025, is amended to read as follows:
   60.2  Clerk.
   The secretary of state clerk of the supreme court shall be the clerk of the court, or, in the secretary of state’s clerk of the supreme court’s absence or inability to act, the clerk of the supreme court secretary of state.
    Sec. 22.  Section 61.2, Code 2025, is amended to read as follows:
   61.2  Clerk.
   The secretary of state clerk of the supreme court shall be the clerk of this court; but if the person holding that office is a party to the contest, the clerk of the supreme court, or, in case of that person’s absence or inability, the auditor of state shall be clerk, or, in the clerk of the supreme court’s absence or inability to act, the secretary of state. If the person holding the office of secretary of state is a party to the contest, the auditor of state shall be clerk.
    Sec. 23.  Section 260C.15, subsection 5, Code 2025, is amended to read as follows:
   5.  The votes cast in the election shall be canvassed and abstracts of the votes cast shall be certified as required by section 277.20. In each county whose commissioner of elections is the controlling commissioner for a merged area under section 47.2, the county board of supervisors shall convene on the second Monday or Tuesday after the day of the election to canvass the abstracts of votes cast from each county in the merged area, and declare the results of the voting. The commissioner shall at once issue certificates of election to each person declared elected, and shall certify to the merged area board in substantially the manner prescribed by section 50.27 the result of the voting on any public question submitted to the voters of the merged area. Members elected to the board of directors of a merged area shall qualify by taking the oath of office prescribed in section 277.28.
    Sec. 24.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 conduct of election recounts.
   The bill changes the composition of recount boards based on the population of the county. For a county of fewer than 15,000, the board shall consist of a designee of the candidate requesting the recount, a designee of the apparent winning candidate, and a person who is a precinct election official selected by the chief judge of the judicial district in which the canvass occurs. For a county with a population between 15,000 and 49,999, the board shall consist of a designee of the candidate requesting the recount, a designee of the apparent winning candidate, and three persons who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs. For a county with a population of 50,000 or greater, the board shall consist of two designees of the candidate requesting the recount, two designees of the apparent winning candidate, and three persons who are precinct election officials selected by the chief judge of the judicial district in which the canvass occurs. Members appointed by the chief judge for the recount of a partisan election shall not be comprised of more than one-third of persons who are not members of either of the two political parties whose candidates for president received the most or next-most votes at the last general election for a partisan election and not more than a simple majority of members appointed by a chief judge shall be from the same political party or organization.
   The bill allows the state commissioner of elections to call for a recount of any election and to advise election recount boards.
   The bill removes the first and second Monday after an election as a possible date for canvassing an election.
   The bill requires a county board of canvassers to order a recount in all election districts in a county for a particular office or nomination if a request for a recount is filed with the commissioner of that county not later than 5:00 p.m. on the second day following the board’s canvass of the election. The bill requires the state commissioner of elections to order a recount of the votes cast for a statewide office, a seat in the United States Congress, or electors for president or vice president, or nominations for such offices, in each county specified in a written request if the request is filed with the state commissioner not later than 5:00 p.m. on the second day following the county canvass of the election in question. If automatic tabulating equipment was used to tabulate ballots in the precinct, a request for a recount shall indicate whether the recount shall be conducted using only automated tabulating equipment or by hand. The bill requires the candidate to request the same method of recounting in all counties in which the candidate requests a recount. The state commissioner of elections shall assess a civil penalty of $100 against a candidate for each county in which the candidate was required to request a hand recount but did not. The bill requires the penalty to first be deducted from the recount bond paid by the candidate and to be deposited in the general fund of the state. The bill allows a candidate to withdraw a request for a recount within 24 hours of the completion of an administrative audit by a commissioner.
   The bill requires a recount board to be convened no later than 9:00 a.m. on the sixth day following the canvass of the election. The commissioner shall then inform the board whether the candidate requested a hand recount. The board shall direct the commissioner to retabulate the ballots using the automatic tabulating equipment using the same program as was used to tabulate the votes on election day unless the program is believed or known to be flawed. The board shall recount only the ballots which were voted and counted for the office in question, including disputed ballots. After retabulating, the board shall compare the results to the abstract prepared pursuant to the county board’s canvass and note any discrepancies. If the candidate requested a hand recount, the bill requires the ballots to be separated into categories and tabulated. The board shall then compare the results of the tabulation to the results of the canvass and the automatic recount. If there are discrepancies, the results of the hand recount shall control. The bill then requires the board to reseal and preserve the ballots.
   The bill requires an election recount board to file its report by 17 days after the canvass of an election for the offices of president and vice president, by 21 days after the canvass of an election for a state office or a seat in the United States Congress, and by 13 days after the canvass of any other election. The bill also requires a county commissioner of elections to notify the state commissioner when the county commissioner receives a recount request for any office elected by the residents of more than one county. Upon verification that a candidate requested a hand count in at least one but not all counties where a recount was requested, the bill also requires the state commissioner to inform each commissioner of a county where a recount was requested that a hand recount shall be performed.
   The bill allows a candidate or person who requested a recount to accept the results of the original canvass of the election, which will cause the election recount board to cease its work.
   The bill requires a petition for a recount of an election for a public measure to be submitted not later than two days following the canvass of the votes for the measure rather than three days. The bill changes the makeup of the recount board for a public measure by removing a designee named by the commissioner and a person jointly selected by that person and a designee named in the petition requesting the recount and replacing them with two election officials selected by the chief judge of the judicial district where the canvass occurs. The commissioner shall convene the recount board not later than 9:00 a.m. on the sixth day following the county board’s canvass of the election in question.
   Under current law, a county commissioner of elections may conduct an administrative recount if the commissioner suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner. The bill instead allows the county commissioner of elections to conduct an administrative audit if such circumstances exist. The bill allows political parties, as defined in Code, to appoint observers to witness the audit.
   The bill changes the clerk of a court of contest for presidential electors and congresspersons from the secretary of state to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. For elections for state officers, the bill changes the clerk of a contest court to the clerk of the supreme court. If the clerk of the supreme court is absent or unable to act, the secretary of state shall be the clerk of the court. However, if the secretary of state is a party to the contest, the auditor of state shall be the clerk of the court.
   The bill takes effect upon enactment.