House File 682 - Reprinted



                                     HOUSE FILE       
                                     BY  COMMITTEE ON STATE GOVERNMENT

                                     (SUCCESSOR TO HF 396)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring a postelection audit after each general election
  2    and including effective and applicability date provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2125HV 83
  5 sc/nh/8

PAG LIN



  1  1    Section 1.  Section 49.53, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  The commissioner shall not less than four nor more than
  1  4 twenty days before the day of each election, except those for
  1  5 which different publication requirements are prescribed by
  1  6 law, publish notice of the election.  The notice shall contain
  1  7 a facsimile of the portion of the ballot containing the first
  1  8 rotation as prescribed by section 49.31, subsection 2, and
  1  9 shall show the names of all candidates or nominees and the
  1 10 office each seeks, and all public questions, to be voted upon
  1 11 at the election.  The sample ballot published as a part of the
  1 12 notice may at the discretion of the commissioner be reduced in
  1 13 size relative to the actual ballot but such reduction shall
  1 14 not cause upper case letters appearing in candidates' names or
  1 15 in summaries of public measures on the published sample ballot
  1 16 to be less than ninety percent of the size of such upper case
  1 17 letters appearing on the actual ballot.  The notice shall also
  1 18 state the date of the election, the hours the polls will be
  1 19 open, the location of each polling place at which voting is to
  1 20 occur in the election, the location of the polling places
  1 21 designated as early ballot pick=up sites, and the names of the
  1 22 precincts voting at each polling place, but the statement need
  1 23 not set forth any fact which is apparent from the portion of
  1 24 the ballot appearing as a part of the same notice.  The notice
  1 25 shall include the full text of all public measures to be voted
  1 26 upon at the election.  For the general election, the notice
  1 27 shall also include notice of the time and place of the
  1 28 postelection audit required in section 50.51.
  1 29    Sec. 2.  Section 50.12, Code 2009, is amended to read as
  1 30 follows:
  1 31    50.12  RETURN AND PRESERVATION OF BALLOTS.
  1 32    Immediately after making the proclamation, and before
  1 33 separating, the board members of each precinct in which votes
  1 34 have been received by paper ballot shall enclose in an
  1 35 envelope or other container all ballots which have been
  2  1 counted by them, except those endorsed "Rejected as double",
  2  2 "Defective", or "Objected to", and securely seal the envelope.
  2  3 The signatures of all board members of the precinct shall be
  2  4 placed across the seal or the opening of the container so that
  2  5 it cannot be opened without breaking the seal.  The precinct
  2  6 election officials shall return all the ballots to the
  2  7 commissioner, who shall carefully preserve them for six
  2  8 months.  Ballots from elections for federal offices shall be
  2  9 preserved for twenty=two months.  The sealed packages
  2 10 containing voted ballots shall be opened only for an official
  2 11 recount authorized by section 50.48, 50.49, or 50.50, for an
  2 12 election contest held pursuant to chapters 57 through 62, for
  2 13 a postelection audit required by section 50.51, or to destroy
  2 14 the ballots pursuant to section 50.19.
  2 15    Sec. 3.  Section 50.48, subsection 1, paragraph a,
  2 16 unnumbered paragraph 1, Code 2009, is amended to read as
  2 17 follows:
  2 18    The county board of canvassers shall order a recount of the
  2 19 votes cast for a particular office or nomination in one or
  2 20 more specified election precincts in that county if a written
  2 21 request therefor for a recount is made not later than 5:00
  2 22 p.m. on the third day following the county board's canvass of
  2 23 the election in question.  However, if a postelection audit is
  2 24 expanded pursuant to section 50.51, subsection 6, paragraph
  2 25 "d", the request for a recount shall be made not later than
  2 26 5:00 p.m. on the first business day following completion of
  2 27 the audit.  The request shall be filed with the commissioner
  2 28 of that county, or with the commissioner responsible for
  2 29 conducting the election if section 47.2, subsection 2, is
  2 30 applicable, and shall be signed by either of the following:
  2 31    Sec. 4.  Section 50.49, subsection 1, Code 2009, is amended
  2 32 to read as follows:
  2 33    1.  A recount for any public measure shall be ordered by
  2 34 the board of canvassers if a petition requesting a recount is
  2 35 filed with the county commissioner not later than three days
  3  1 after the completion of the canvass of votes for the election
  3  2 at which the question appeared on the ballot.  However, if a
  3  3 postelection audit is expanded to additional precincts
  3  4 pursuant to section 50.51, subsection 6, paragraph "d", the
  3  5 request for a recount shall be made not later than 5:00 p.m.
  3  6 on the first business day following completion of the audit.
  3  7 The petition shall be signed by the greater of not less than
  3  8 ten eligible electors or a number of eligible electors
  3  9 equaling one percent of the total number of votes cast upon
  3 10 the public measure.  Each petitioner must be a person who was
  3 11 entitled to vote on the public measure in question or would
  3 12 have been so entitled if registered to vote.
  3 13    Sec. 5.  NEW SECTION.  50.51  POSTELECTION AUDIT.
  3 14    1.  a.  After each general election, a postelection audit
  3 15 of voting systems shall be conducted as provided in this
  3 16 section.
  3 17    b.  A postelection audit conducted pursuant to this section
  3 18 shall not affect a person's right to request a recount under
  3 19 section 50.48 or the right of electors to request a recount of
  3 20 a public measure under section 50.49 or the commissioner's
  3 21 right to request an administrative recount under section
  3 22 50.50.  If a request for a recount is filed under section
  3 23 50.48 or 50.49, a postelection audit of the office or public
  3 24 measure for which the recount was requested shall not be
  3 25 conducted or shall be terminated, as the case may be.
  3 26    2.  The commissioner shall include notice of the time and
  3 27 place of the postelection audit in the notice of the election
  3 28 published pursuant to section 49.53.  The commissioner shall
  3 29 also notify the county chairperson of each political party
  3 30 referred to in section 49.13, subsection 2, of the time and
  3 31 place of the postelection audit.
  3 32    3.  a.  The postelection audit shall be conducted for the
  3 33 offices of president of the United States and governor and an
  3 34 additional office listed in paragraph "b" or "c", and the
  3 35 offices listed in paragraph "d", if applicable.
  4  1    b.  When the office of president of the United States
  4  2 appears on the ballot, the votes cast for one of the following
  4  3 contested offices shall be audited:
  4  4    (1)  United States senator.
  4  5    (2)  United States representative.
  4  6    (3)  Senator in the general assembly.
  4  7    (4)  Representative in the general assembly.
  4  8    c.  When the office of governor appears on the ballot, the
  4  9 votes cast for one of the following contested offices shall be
  4 10 audited:
  4 11    (1)  United States senator.
  4 12    (2)  United States representative.
  4 13    (3)  Senator in the general assembly.
  4 14    (4)  Representative in the general assembly.
  4 15    (5)  Secretary of state.
  4 16    (6)  Auditor of state.
  4 17    (7)  Treasurer of state.
  4 18    (8)  Attorney general.
  4 19    (9)  Secretary of agriculture.
  4 20    d.  The additional office to be audited under paragraph "b"
  4 21 or "c" shall be chosen by lot at the same time and in the same
  4 22 manner that precincts to be audited are chosen pursuant to
  4 23 subsection 4.  If in the election to be audited, none of the
  4 24 offices listed in paragraph "b" were contested races, the
  4 25 offices of county supervisor, county auditor, and county
  4 26 sheriff shall be entered in the lot, and if none of the
  4 27 offices listed in paragraph "c" were contested races, the
  4 28 offices of county supervisor, county attorney, county
  4 29 treasurer, and county recorder shall be entered in the lot.
  4 30    e.  In addition to the offices listed in this subsection as
  4 31 being subject to the postelection audit, the commissioner may
  4 32 choose to include any other office or public measure that
  4 33 appeared on the ballot in those precincts chosen for the
  4 34 postelection audit.
  4 35    4.  a.  The precincts for which a postelection audit shall
  5  1 be conducted shall be chosen by lot by the chairperson of the
  5  2 county board of canvassers on the day the canvass of the
  5  3 general election is conducted.  After the precincts have been
  5  4 chosen, the additional office to be audited, as provided in
  5  5 subsection 3, shall be chosen by lot by the chairperson.  The
  5  6 selection proceedings shall be open to the public and to
  5  7 observers from the political parties.
  5  8    b.  The number of precincts chosen shall be as follows:
  5  9    (1)  In counties with fifty thousand or fewer registered
  5 10 voters, two precincts.
  5 11    (2)  In counties with more than fifty thousand registered
  5 12 voters up to and including one hundred thousand registered
  5 13 voters, three precincts.
  5 14    (3)  In counties with more than one hundred thousand
  5 15 registered voters, four precincts.
  5 16    c.  Notwithstanding paragraph "b", in counties with seven
  5 17 or fewer precincts, one precinct shall be chosen for the
  5 18 postelection audit.
  5 19    d.  The absentee and special voters precinct established in
  5 20 section 53.20 shall be considered a precinct for purposes of a
  5 21 postelection audit.  If the absentee and special voters
  5 22 precinct is chosen by lot to be audited or chosen by the
  5 23 commissioner pursuant to paragraph "f", a number of ballots
  5 24 equal to five percent of the absentee ballots cast in the
  5 25 election shall be audited.
  5 26    e.  When a precinct other than the absentee and special
  5 27 voters precinct is chosen in which one thousand five hundred
  5 28 or more ballots were cast in the election, the chairperson
  5 29 shall, for each such precinct, choose one less precinct than
  5 30 the number required by paragraph "b".  If such a precinct is
  5 31 chosen last among the number of precincts required by
  5 32 paragraph "b", then that precinct shall be audited, and the
  5 33 first precinct drawn that was not the absentee and special
  5 34 voters precinct shall not be audited.
  5 35    f.  The commissioner may choose to include in the audit
  6  1 additional precincts not chosen by lot under this subsection.
  6  2    g.  For purposes of paragraph "b", "registered voters"
  6  3 means those persons registered to vote as of the close of
  6  4 registration for the general election pursuant to section
  6  5 48A.9, subsection 1.
  6  6    h.  The county board of canvassers shall not use a
  6  7 computerized process of randomization as the method of
  6  8 selecting by lot the precincts and offices to be audited.
  6  9    5.  The commissioner shall appoint the members of the
  6 10 postelection audit board.  The postelection audit board shall
  6 11 be comprised of members affiliated with the political parties
  6 12 as provided for regular elections boards in section 49.12.
  6 13    6.  a.  When all members of the postelection audit board
  6 14 have been selected and the canvass is completed, the board
  6 15 shall undertake the required audit.  The audit shall be
  6 16 completed no later than two business days following the
  6 17 canvass.  The audit shall be open to the public and to
  6 18 observers from the political parties.
  6 19    b.  The ballots in each precinct chosen shall be counted by
  6 20 hand.  The commissioner or the commissioner's designee shall
  6 21 supervise the handling of ballots, tally lists, and the
  6 22 printed reports from the automatic tabulating equipment to
  6 23 ensure that the ballots, tally lists, and printed reports are
  6 24 protected from alteration or damage.  The board shall open
  6 25 only the sealed ballot containers from the precincts chosen to
  6 26 be audited.  The board shall recount only the ballots which
  6 27 were voted and counted for the office or public measure that
  6 28 is the subject of the audit.  Only votes marked in accordance
  6 29 with the instructions that are printed on the ballot in a
  6 30 precinct being audited shall be counted in the audit.
  6 31    c.  Immediately following the conclusion of the audit, the
  6 32 postelection audit board shall make and file with the
  6 33 commissioner a written report of its findings, which report
  6 34 shall be signed by the chairperson of the postelection audit
  6 35 board and one other member of the board who is affiliated with
  7  1 a political party different than that of the chairperson.
  7  2    d.  (1)  If the postelection audit of an office or public
  7  3 measure reveals a difference greater than one=half of one
  7  4 percent, but no fewer than two votes, from the results on the
  7  5 printed report from the automatic tabulating equipment, the
  7  6 postelection audit board shall, within two days, conduct an
  7  7 audit of the offices or public measures for which such
  7  8 difference was found in at least two additional precincts
  7  9 chosen in the same manner the original precincts were chosen
  7 10 and shall immediately report the results to the commissioner.
  7 11    (2)  If the second audit also indicates a difference in the
  7 12 vote totals that is greater than one=half of one percent, but
  7 13 no fewer than two votes, from the results on the printed
  7 14 report from the automatic tabulating equipment, the
  7 15 commissioner shall immediately notify the state commissioner
  7 16 of elections.
  7 17    (3)  The state commissioner of elections may direct the
  7 18 commissioner, or any other commissioner of a county where the
  7 19 office or public measure appeared on the ballot, to conduct an
  7 20 additional audit of the office or public measure in a number
  7 21 of precincts determined by the state commissioner.
  7 22    7.  All reports pertaining to a postelection audit shall be
  7 23 filed with the state commissioner of elections, and the state
  7 24 commissioner shall make public the results of the postelection
  7 25 audit in each county as those reports are received.
  7 26    8.  The state commissioner of elections shall adopt rules
  7 27 to implement this section including but not limited to rules
  7 28 establishing criteria for the state commissioner to utilize
  7 29 when evaluating the results of postelection audits.
  7 30    Sec. 6.  EFFECTIVE AND APPLICABILITY DATES.  This Act takes
  7 31 effect July 1, 2010, and applies to the general election held
  7 32 in 2010 and all subsequent general elections.
  7 33 HF 682
  7 34 sc/cm/25