House File 516 - Reprinted HOUSE FILE 516 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 93) (As Amended and Passed by the House March 10, 2017 ) A BILL FOR An Act relating to the conduct and administration of elections, 1 including voter registration, absentee voting, voter 2 identity verification, signature verification, polling place 3 prohibitions, commissioner duties and certifications, voter 4 misconduct information and reporting, straight party voting, 5 and post-election audits, creating an electronic poll book 6 and polling place technology revolving loan fund, providing 7 penalties, and including effective date and applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 HF 516 (3) 87 aw/sc/md

H.F. 516 DIVISION I 1 GENERAL PROVISIONS 2 Section 1. Section 22.7, Code 2017, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 70. The voter verification number, as 5 defined in section 53.2, subsection 4, paragraph “c” , that is 6 assigned to a voter and maintained and updated in the statewide 7 voter registration system. 8 Sec. 2. Section 39A.5, subsection 1, paragraph b, Code 2017, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (3) Violating any provision of chapter 11 48A for which another penalty is not provided. 12 Sec. 3. NEW SECTION . 48A.24 Deadline for submitting voter 13 registration forms. 14 1. A person who accepts a completed voter registration form 15 from an applicant shall submit the form to the appropriate 16 commissioner within seven days of receiving the form if the 17 person accepting the form is doing so on behalf of any of the 18 following: 19 a. A political party, as defined in section 43.2. 20 b. A nonparty political organization required to nominate 21 candidates under chapter 44. 22 c. A candidate or committee, as defined in section 68A.102. 23 2. Notwithstanding the deadline in subsection 1, a person 24 described in subsection 1 who accepts a completed voter 25 registration form from an applicant within three days of the 26 voter registration deadline prescribed in section 48A.9 for 27 the next election shall submit the form to the appropriate 28 commissioner within twenty-four hours of accepting the form, 29 and not later than the registration deadline. 30 Sec. 4. Section 48A.30, subsection 1, Code 2017, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0f. The registered voter is not a resident 33 of Iowa, or the registered voter submits documentation under 34 section 607A.4, subsection 3, that indicates that the voter is 35 -1- HF 516 (3) 87 aw/sc/md 1/ 21

H.F. 516 not a citizen of the United States. 1 Sec. 5. Section 48A.31, Code 2017, is amended to read as 2 follows: 3 48A.31 Deceased persons record. 4 The state registrar of vital statistics shall transmit 5 or cause to be transmitted to the state registrar of voters, 6 once each calendar quarter, a certified list of all persons 7 seventeen and one-half years of age and older in the state 8 whose deaths have been reported to the bureau of vital records 9 of the Iowa department of public health since the previous list 10 of decedents was certified to the state registrar of voters. 11 The list shall be submitted according to the specifications 12 of the state registrar of voters and shall be transmitted to 13 the state registrar of voters without charge for production or 14 transmission . The commissioner shall, in the month following 15 the end of a calendar quarter, run the statewide voter 16 registration system’s matching program to determine whether a 17 listed decedent was registered to vote in the county and shall 18 immediately cancel the registration of any person named on the 19 list of decedents. 20 Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 2017, 21 are amended to read as follows: 22 1. a. Any registered voter, under the circumstances 23 specified in section 53.1 , may on any day, except election day, 24 and not more than seventy one hundred twenty days prior to the 25 date of the election, apply in person for an absentee ballot 26 at the commissioner’s office or at any location designated by 27 the commissioner. However, for those elections in which the 28 commissioner directs the polls be opened at noon pursuant to 29 section 49.73 , a voter may apply in person for an absentee 30 ballot at the commissioner’s office from 8:00 a.m. until 11:00 31 a.m. on election day. 32 b. A registered voter may make written application to the 33 commissioner for an absentee ballot. A written application 34 for an absentee ballot must be received by the commissioner 35 -2- HF 516 (3) 87 aw/sc/md 2/ 21

H.F. 516 no later than 5:00 p.m. on the Friday before the election 1 on the same day as the voter registration deadline provided 2 in section 48A.9 for the election for which the ballot is 3 requested, except when the absentee ballot is requested and 4 voted at the commissioner’s office pursuant to section 53.10 . 5 A written application for an absentee ballot delivered to the 6 commissioner and received by the commissioner more than seventy 7 one hundred twenty days prior to the date of the election shall 8 be retained by the commissioner and processed in the same 9 manner as a written application received not more than seventy 10 days before the date of the election returned to the voter 11 with a notification of the date when the applications will be 12 accepted . 13 4. a. Each application shall contain the following 14 information: 15 (1) The name and signature of the registered voter , the . 16 (2) The registered voter’s date of birth , the . 17 (3) The address at which the voter is registered to vote , 18 and the . 19 (4) The registered voter’s voter verification number. 20 (5) The name or date of the election for which the absentee 21 ballot is requested , and such . 22 (6) Such other information as may be necessary to determine 23 the correct absentee ballot for the registered voter. 24 b. If insufficient information has been provided, including 25 the absence of a voter verification number, either on the 26 prescribed form or on an application created by the applicant, 27 the commissioner shall, by the best means available, obtain 28 the additional necessary information. A voter requesting 29 or casting a ballot pursuant to section 53.22 shall not be 30 required to provide a voter verification number. 31 c. For purposes of this subsection, “voter verification 32 number” means the registered voter’s driver’s license number 33 or nonoperator’s identification card number assigned to the 34 voter by the department of transportation or the registered 35 -3- HF 516 (3) 87 aw/sc/md 3/ 21

H.F. 516 voter’s identification number assigned to the voter by the 1 state commissioner pursuant to section 47.7, subsection 2. 2 8. An application for an absentee ballot that is returned 3 to the commissioner by a person acting as an actual or implied 4 agent for a political party, as defined in section 43.2, or 5 by a candidate , or committee, all both as defined by chapter 6 68A , shall be returned to the commissioner within seventy-two 7 hours of the time the completed application was received from 8 the applicant or no later than 5:00 p.m. on the Friday before 9 same day as the election deadline under subsection 1, paragraph 10 “b” , whichever is earlier. An application received by a person 11 acting as an actual or implied agent of a political party after 12 the deadline but before the date of the election shall be 13 returned to the commissioner within twenty-four hours. 14 Sec. 7. Section 53.10, Code 2017, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 2A. A voter shall not vote or offer to 17 vote any ballot except such as the voter has received from 18 the commissioner. A voter voting an absentee ballot at the 19 commissioner’s office shall not take or remove any ballot from 20 the commissioner’s office. 21 DIVISION II 22 VOTER IDENTITY AND SIGNATURE VERIFICATION 23 Sec. 8. Section 48A.2, Code 2017, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4A. “Voter registration card” means a card 26 issued pursuant to section 48A.10A. 27 Sec. 9. Section 48A.7A, subsection 1, paragraph b, 28 subparagraph (1), subparagraph division (c), Code 2017, is 29 amended to read as follows: 30 (c) A United States military or veterans identification 31 card. 32 Sec. 10. Section 48A.7A, subsection 1, paragraph b, 33 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended 34 to read as follows: 35 -4- HF 516 (3) 87 aw/sc/md 4/ 21

H.F. 516 If the photographic identification presented does not 1 contain the person’s current address in the precinct, the 2 person shall also present one of the following documents that 3 shows the person’s name and current address in the precinct , 4 and the document must be dated, or describe terms of residency 5 current to, within forty-five days prior to presentation : 6 Sec. 11. Section 48A.7A, subsection 1, paragraph c, Code 7 2017, is amended to read as follows: 8 c. In lieu of paragraph “b” , a person wishing to vote 9 may establish identity and residency in the precinct by 10 written oath of a person who is registered to vote in the 11 precinct. Before signing an oath under this paragraph, the 12 attesting registered voter shall present to the precinct 13 election official proof of the voter’s identity, as described 14 in section 49.78, subsection 2. The registered voter’s oath 15 shall attest to the stated identity of the person wishing to 16 vote and that the person is a current resident of the precinct. 17 The oath must be signed by the attesting registered voter in 18 the presence of the appropriate precinct election official. 19 A registered voter who has signed an oath on election day 20 attesting to a person’s identity and residency as provided in 21 this paragraph is prohibited from signing any further oaths as 22 provided in this paragraph on that day. 23 Sec. 12. Section 48A.7A, Code 2017, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5. a. If a person registers to vote 26 under this section at a polling place that has access to an 27 electronic poll book, the precinct election official shall 28 verify against a database maintained by the state commissioner 29 that the person has not been convicted of a felony or, if the 30 person has been convicted of a felony, the person has had the 31 person’s voting rights restored. If the precinct election 32 official determines that the person has not been convicted of 33 a felony or has been convicted of a felony but the person’s 34 voting rights have been restored, the precinct election 35 -5- HF 516 (3) 87 aw/sc/md 5/ 21

H.F. 516 official shall furnish a ballot to the voter. If the database 1 indicates that the person has been convicted of a felony and 2 that the person’s voting rights have not been restored, the 3 precinct election official shall challenge the person under 4 section 49.79. 5 b. If a person registers to vote under this section at 6 a polling place that does not have access to an electronic 7 poll book, the person shall be permitted to cast a provisional 8 ballot under section 49.81, and the absentee and special voters 9 precinct board, appointed pursuant to section 53.23, shall 10 verify against a database maintained by the state commissioner 11 that the person has not been convicted of a felony or, if the 12 person has been convicted of a felony, the person’s voting 13 rights have been restored. If information in the database 14 indicates that the person has not been convicted of a felony 15 or, if the person has been convicted of a felony, the person’s 16 voting rights have been restored, the voter’s provisional 17 ballot shall be counted. If the database indicates that the 18 person has been convicted of a felony and the person’s voting 19 rights have not been restored, the voter’s provisional ballot 20 shall be rejected. 21 Sec. 13. NEW SECTION . 48A.10A Voter registration cards —— 22 verification of voter registration information. 23 1. The state registrar shall compare lists of persons who 24 are registered to vote with the department of transportation’s 25 driver’s license and nonoperator’s identification card files 26 and shall issue a voter registration card to each active, 27 registered voter whose name does not appear in the department 28 of transportation’s files. 29 2. The commissioner shall issue voter registration cards 30 on an ongoing basis as prescribed by the state registrar for 31 all new registrations and registration updates as a part of the 32 regular voter acknowledgment process required under sections 33 48A.26 and 48A.26A. 34 3. A person issued a voter registration card under this 35 -6- HF 516 (3) 87 aw/sc/md 6/ 21

H.F. 516 section shall not be charged any fee for the issuance or 1 delivery of the voter registration card. 2 4. Implementation of this section shall be contingent upon 3 appropriations by the general assembly in sufficient amounts to 4 meet the requirements of this section. 5 5. The state registrar shall adopt rules pursuant to chapter 6 17A to implement this section. 7 Sec. 14. Section 48A.26A, subsection 1, Code 2017, is 8 amended to read as follows: 9 1. Within forty-five twenty-one days of receiving a 10 voter registration form completed under section 48A.7A , the 11 commissioner shall send an acknowledgment to the registrant, in 12 the manner provided in section 48A.26, subsections 2 through 5 , 13 as applicable, at the mailing address shown on the registration 14 form. The acknowledgment shall be sent by nonforwardable mail 15 and shall include the registrant’s voter registration card and 16 no other type of card . 17 Sec. 15. Section 48A.38, subsection 1, paragraph f, Code 18 2017, is amended to read as follows: 19 f. The county commissioner of registration and the state 20 registrar of voters shall remove a voter’s whole or partial 21 social security number, as applicable, voter identification 22 number assigned by the state commissioner, Iowa driver’s 23 license number, or Iowa nonoperator’s identification card 24 number from a voter registration list prepared pursuant to this 25 section . 26 Sec. 16. Section 49.53, subsection 1, Code 2017, is amended 27 to read as follows: 28 1. The commissioner shall not less than four nor more than 29 twenty days before the day of each election, except those for 30 which different publication requirements are prescribed by law, 31 publish notice of the election. The notice shall contain a 32 facsimile of the portion of the ballot containing the first 33 rotation as prescribed by section 49.31, subsection 2 , and 34 shall show the names of all candidates or nominees and the 35 -7- HF 516 (3) 87 aw/sc/md 7/ 21

H.F. 516 office each seeks, and all public questions, to be voted upon 1 at the election. The sample ballot published as a part of the 2 notice may at the discretion of the commissioner be reduced in 3 size relative to the actual ballot but such reduction shall 4 not cause upper case letters appearing in candidates’ names or 5 in summaries of public measures on the published sample ballot 6 to be less than nine point type. The notice shall also state 7 the date of the election, the hours the polls will be open, 8 that each voter is required to provide identification at the 9 polling place before the voter can receive and cast a ballot, 10 the location of each polling place at which voting is to occur 11 in the election, and the names of the precincts voting at each 12 polling place, but the statement need not set forth any fact 13 which is apparent from the portion of the ballot appearing as 14 a part of the same notice. The notice shall include the full 15 text of all public measures to be voted upon at the election. 16 Sec. 17. Section 49.77, subsection 1, unnumbered paragraph 17 1, Code 2017, is amended to read as follows: 18 The board members of their respective precincts shall have 19 charge of the ballots and shall furnish them to the voters 20 after verifying each voter’s identity pursuant to section 21 49.78 . 22 Sec. 18. Section 49.77, subsection 3, Code 2017, is amended 23 by striking the subsection. 24 Sec. 19. NEW SECTION . 49.78 Voter identity and signature 25 verification. 26 1. To ensure the integrity of, and to instill public 27 confidence in, all elections in this state the general assembly 28 finds that the verification of a voter’s identity is necessary 29 before a voter is permitted to receive and cast a ballot. 30 2. a. Before a precinct election official furnishes 31 a ballot to a voter under section 49.77, the voter shall 32 establish the voter’s identity by presenting the official with 33 one of the following forms of identification for verification: 34 (1) An Iowa driver’s license issued pursuant to section 35 -8- HF 516 (3) 87 aw/sc/md 8/ 21

H.F. 516 321.189. 1 (2) An Iowa nonoperator’s identification card issued 2 pursuant to section 321.190. 3 (3) A United States passport. 4 (4) A United States military or veterans identification 5 card. 6 b. Upon being presented with a form of identification under 7 this section, the precinct election official shall examine 8 the identification. The precinct election official shall use 9 the information on the identification card, including the 10 signature, to determine whether the person offering to vote 11 appears to be the person depicted on the identification card. 12 The voter’s signature shall generally be presumed to be valid. 13 If the identification provided does not appear to be the person 14 offering to vote under section 49.77, the precinct election 15 official shall challenge the person offering to vote in the 16 same manner provided for other challenges by sections 49.79 17 and 49.80. A person offering to vote who establishes identity 18 by presenting a veteran’s identification card that does not 19 contain a signature, is not subject to challenge under this 20 paragraph “b” . 21 3. To establish the voter’s identity under this section, 22 a person who is registered to vote but is unable to present a 23 form of identification listed under subsection 2 may present 24 any of the following: 25 a. A current voter registration card provided pursuant to 26 section 48A.10A that contains the voter identification number 27 if the voter registration card is signed before the voter 28 presents the card to the election official. 29 b. Other forms of identification sufficient to establish 30 identity and residence under section 48A.7A, subsection 1, 31 paragraph “b” . 32 4. A person who is registered to vote but is unable 33 to present a form of identification under subsection 2 or 34 3 may establish identity and residency in the precinct by 35 -9- HF 516 (3) 87 aw/sc/md 9/ 21

H.F. 516 written oath of a person who is also registered to vote in 1 the precinct. The attesting registered voter’s oath shall 2 attest to the stated identity of the person wishing to vote 3 and that the person is a current resident of the precinct. 4 The oath must be signed by the attesting registered voter in 5 the presence of the appropriate precinct election official. 6 A registered voter who has signed two oaths on election day 7 attesting to a person’s identity and residency as provided in 8 this subsection is prohibited from signing any further oaths as 9 provided in this subsection on that day. 10 5. The form of the written oath required of a registered 11 voter attesting to the identity and residency of the voter 12 unable to present a form of identification shall read as 13 follows: 14 I, ..... (name of attesting registered voter), do solemnly 15 swear or affirm all of the following: 16 I am a preregistered voter in this precinct or I registered to 17 vote in this precinct today, and a registered voter did not 18 sign an oath on my behalf. I have not signed more than one oath 19 attesting to the identity and residence of any other person in 20 this election. 21 I am a resident of the ... precinct, ... ward or township, 22 city of ....., county of ....., Iowa. 23 I reside at ....... (street address) in ..... (city or 24 township). 25 I personally know ..... (name of voter), and I personally know 26 that ..... (name of voter) is a resident of the ... precinct, 27 ..... ward or township, city of ....., county of ....., Iowa. 28 I understand that any false statement in this oath is a class 29 “D” felony punishable by no more than five years in confinement 30 and a fine of at least seven hundred fifty dollars but not more 31 than seven thousand five hundred dollars. 32 ............. 33 Signature of Attesting Registered Voter 34 Subscribed and sworn before me on .. (date). 35 -10- HF 516 (3) 87 aw/sc/md 10/ 21

H.F. 516 ............. 1 Signature of Precinct Election Official 2 6. A voter who is not otherwise disqualified from voting and 3 who has established identity under subsection 2, 3, or 4 shall 4 be furnished a ballot and be allowed to vote under section 5 49.77. 6 7. A registered voter who fails to establish the voter’s 7 identity under this section shall be permitted to cast a 8 provisional ballot under section 49.81. 9 8. a. Notwithstanding subsection 7, for any election 10 conducted prior to January 1, 2019, a registered voter who 11 fails to establish the voter’s identity under this section 12 shall be permitted to vote upon signing an oath attesting to 13 the voter’s identity. The form of the written oath required of 14 the person voting under this subsection shall read as follows: 15 My name is ............., and I am a United States citizen, 16 at least eighteen years of age. I am the person named above, I 17 am a registered voter of this county, and I am eligible to vote 18 in this election. 19 ............. 20 (signature of voter) (date) 21 b. This subsection is repealed July 1, 2019. 22 Sec. 20. Section 49.81, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 1A. A prospective voter who is unable to 25 establish identity under section 49.78, subsection 2, paragraph 26 “a” , or section 49.78, subsection 3 or 4, shall be notified by 27 the appropriate precinct election official that the voter may 28 cast a provisional ballot. The voter shall mark the ballot and 29 immediately seal it in an envelope of the type prescribed by 30 subsection 4. The voter shall deliver the sealed envelope to a 31 precinct election official who shall deposit it in an envelope 32 marked “provisional ballots”. The ballot shall be considered 33 as having been cast in the special precinct established by 34 section 53.20 for purposes of the postelection canvass. 35 -11- HF 516 (3) 87 aw/sc/md 11/ 21

H.F. 516 Sec. 21. Section 49.124, Code 2017, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3. The training course and the continuing 3 education program under this section shall include practical 4 and holistic instruction on the criteria for determining 5 whether a person meets the requirements for establishing 6 identity under section 49.78, subsection 2, consistent with all 7 voting rights and nondiscrimination provisions of federal and 8 state law. The state commissioner of elections shall adopt 9 rules pursuant to chapter 17A to implement instruction required 10 under this subsection. 11 Sec. 22. Section 53.2, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4A. The commissioner may dispute an 14 application if it appears to the commissioner that the 15 signature on the application has been signed by someone other 16 than the registered voter, in comparing the signature on the 17 application to the signature on record of the registered 18 voter named on the application. If the commissioner disputes 19 a registered voter’s application under this subsection, 20 the commissioner shall notify the registered voter and the 21 registered voter may submit a new application and signature or 22 update the registered voter’s signature on record, as provided 23 by rule adopted by the state commissioner. 24 Sec. 23. Section 53.18, subsection 3, Code 2017, is amended 25 to read as follows: 26 3. If the affidavit envelope or the return envelope marked 27 with the affidavit contains a defect that would cause the 28 absentee ballot to be rejected by the absentee and special 29 voters precinct board, the commissioner shall immediately 30 notify the voter of that fact and that the voter’s absentee 31 ballot shall not be counted unless the voter requests and 32 returns a replacement ballot in the time permitted under 33 section 53.17, subsection 2 . For the purposes of this section, 34 a return envelope marked with the affidavit shall be considered 35 -12- HF 516 (3) 87 aw/sc/md 12/ 21

H.F. 516 to contain a defect if it appears to the commissioner that 1 the signature on the envelope has been signed by someone 2 other than the registered voter, in comparing the signature 3 on the envelope to the signature on record of the registered 4 voter named on the envelope. A signature or marking made 5 in accordance with section 39.3, subsection 17, shall not 6 be considered a defect for purposes of this section. The 7 voter may request a replacement ballot in person, in writing, 8 or over the telephone. The same serial number that was 9 assigned to the records of the original absentee ballot 10 application shall be used on the envelope and records of the 11 replacement ballot. The envelope marked with the affidavit and 12 containing the completed replacement ballot shall be marked 13 “Replacement ballot”. The envelope marked with the affidavit 14 and containing the original ballot shall be marked “Defective” 15 and the replacement ballot shall be attached to such envelope 16 containing the original ballot and shall be stored in a secure 17 place until they are delivered to the absentee and special 18 voters precinct board, notwithstanding sections 53.26 and 19 53.27 . 20 Sec. 24. Section 53.22, Code 2017, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 7. The proof of identity requirements 23 under section 49.78 shall not apply to a voter casting a ballot 24 pursuant to this section. 25 Sec. 25. Section 53.25, Code 2017, is amended to read as 26 follows: 27 53.25 Rejecting ballot. 28 1. a. If the absentee voter’s affidavit lacks the voter’s 29 signature, if the applicant is not a duly registered voter on 30 election day in the precinct where the absentee ballot was 31 cast, if the envelope marked with the affidavit contains more 32 than one ballot of any one kind, or if the voter has voted 33 in person, such vote shall be rejected by the absentee and 34 special voters precinct board. If the affidavit envelope or 35 -13- HF 516 (3) 87 aw/sc/md 13/ 21

H.F. 516 return envelope marked with the affidavit is open, or has been 1 opened and resealed, or if the ballot is not enclosed in such 2 envelope, and an affidavit envelope or return envelope marked 3 with the affidavit with the same serial number and marked 4 “Replacement ballot” is not attached as provided in section 5 53.18 , the vote ballot shall be rejected by the absentee and 6 special voters precinct board. 7 b. If a voter casts a provisional ballot pursuant to section 8 49.78, subsection 7, and the voter has failed to establish the 9 voter’s identity at the commissioner’s office, the provisional 10 ballot shall be rejected by the absentee and special voters 11 precinct board. 12 2. If the absentee or provisional ballot is rejected prior 13 to the opening of the affidavit envelope or return envelope 14 marked with the affidavit, the voter casting the ballot shall 15 be notified by a precinct election official by the time the 16 canvass is completed of the reason for the rejection on a form 17 prescribed by the state commissioner of elections. 18 Sec. 26. SEVERABILITY. If any provision of this division of 19 this Act or the application of any provision of this division 20 of this Act to any person or circumstance is held invalid, the 21 invalidity shall not affect other provisions of the division 22 which can be given effect without the invalid provisions or 23 application of the invalid provisions, and to this end, the 24 provisions of the division are severable. 25 Sec. 27. EFFECTIVE DATE. This division of this Act takes 26 effect upon the appropriation of moneys by the general assembly 27 to the state commissioner of elections in an amount sufficient 28 for implementation of section 48A.10A as declared by the 29 general assembly. 30 Sec. 28. APPLICABILITY. This division of this Act applies 31 to elections held on or after the effective date of this 32 division of this Act. 33 DIVISION III 34 POLLING PLACES 35 -14- HF 516 (3) 87 aw/sc/md 14/ 21

H.F. 516 Sec. 29. NEW SECTION . 47.11 Electronic poll book and 1 polling place technology program —— revolving loan fund. 2 1. An electronic poll book and polling place technology 3 program is created and an electronic poll book and polling 4 place technology revolving loan fund is created in the state 5 treasury under the control of the state commissioner. The 6 program and revolving loan fund shall be administered by the 7 state commissioner and the revolving loan fund shall include 8 moneys allocated from the state commissioner’s budget and any 9 other moneys obtained or accepted by the state commissioner for 10 deposit in the revolving loan fund. 11 2. a. The state commissioner may loan moneys in the 12 revolving loan fund to county commissioners for the purchase or 13 update of electronic poll book and polling place technology. 14 b. Moneys loaned under this subsection shall be used, in 15 accordance with section 49.28, to furnish electronic poll books 16 to election precincts for the purpose of modernizing polling 17 places throughout the state. 18 c. The state commissioner may spend an amount not to 19 exceed thirty percent of the moneys in the revolving loan 20 fund at the beginning of a fiscal year to administer polling 21 place technology to ensure compliance with state standards 22 of technological security and the protection of personally 23 identifiable information. 24 3. A loan made under this section shall bear no interest. 25 4. Notwithstanding section 12C.7, subsection 2, interest or 26 earnings on moneys in the revolving loan fund shall be credited 27 to the revolving loan fund. Notwithstanding section 8.33, 28 moneys in the revolving loan fund that remain unencumbered or 29 unobligated at the close of a fiscal year shall not revert to 30 any other fund but shall remain available in the revolving loan 31 fund for the purposes designated. 32 5. The state commissioner shall adopt rules pursuant to 33 chapter 17A to administer this section. 34 Sec. 30. Section 49.88, subsection 1, Code 2017, is amended 35 -15- HF 516 (3) 87 aw/sc/md 15/ 21

H.F. 516 to read as follows: 1 1. No more than one person shall be allowed to occupy 2 any voting booth at any time. The use of cameras, cellular 3 telephones, pagers, or other electronic communications devices 4 in the voting booth photographic devices and the display of 5 voted ballots is prohibited if such use or display is for 6 purposes prohibited under chapter 39A, interferes with other 7 voters, or interferes with the orderly operation of the polling 8 place . 9 DIVISION IV 10 ELECTION CERTIFICATION AND AUDITS 11 Sec. 31. Section 39.2, subsection 1, paragraph a, Code 2017, 12 is amended to read as follows: 13 a. All special elections which are authorized or required 14 by law, unless the applicable law otherwise requires, shall be 15 held on Tuesday. A special election shall not be held on the 16 first, second, and third , and fourth Tuesdays preceding and 17 following the primary and the general elections. 18 Sec. 32. NEW SECTION . 49.128 Commissioner filings and 19 notifications. 20 1. No later than twenty days following a general election, 21 the commissioner shall place on file in the commissioner’s 22 office a certification that the county met the following 23 requirements at the general election: 24 a. The testing of voting equipment was performed, as 25 required under section 52.35. 26 b. The election personnel training course was conducted, as 27 required under section 49.124. 28 c. Polling places met accessibility standards, as required 29 under section 49.21. 30 d. The schedule of required publications was adhered to, as 31 required under section 49.53. 32 e. The commissioner has complied with administrative rules 33 adopted by the state commissioner under chapter 52, including 34 having a written voting system security plan. 35 -16- HF 516 (3) 87 aw/sc/md 16/ 21

H.F. 516 2. a. If the county is required to conduct an audit under 1 section 50.51, the commissioner shall include a copy of the 2 results with the certification required under this section. 3 b. If a county is not required to conduct an audit under 4 section 50.51, the commissioner shall include a copy of the 5 certification required under this section along with the 6 election canvass summary report required under section 50.30A. 7 3. The commissioner shall file a copy of the certification 8 under this section with the state commissioner. 9 4. The commissioner shall promptly notify the state 10 commissioner of each suspected incidence of election misconduct 11 that the commissioner has referred to other agencies or law 12 enforcement for investigation. 13 5. The state commissioner shall prescribe a form for use by 14 the county commissioners. 15 Sec. 33. Section 50.12, Code 2017, is amended to read as 16 follows: 17 50.12 Return and preservation of ballots. 18 Immediately after making the proclamation, and before 19 separating, the board members of each precinct in which votes 20 have been received by paper ballot shall enclose in an envelope 21 or other container all ballots which have been counted by them, 22 except those endorsed “Rejected as double”, “Defective”, or 23 “Objected to”, and securely seal the envelope. The signatures 24 of all board members of the precinct shall be placed across 25 the seal or the opening of the container so that it cannot 26 be opened without breaking the seal. The precinct election 27 officials shall return all the ballots to the commissioner, who 28 shall carefully preserve them for six months. Ballots from 29 elections for federal offices shall be preserved for twenty-two 30 months. The sealed packages containing voted ballots shall 31 be opened only for an official recount authorized by section 32 50.48 , 50.49 , or 50.50 , for an election contest held pursuant 33 to chapters 57 through 62 , to conduct an audit pursuant to 34 section 50.51, or to destroy the ballots pursuant to section 35 -17- HF 516 (3) 87 aw/sc/md 17/ 21

H.F. 516 50.19 . 1 Sec. 34. NEW SECTION . 50.51 Election audits. 2 1. After each general election, the state commissioner 3 shall, with the cooperation of the county commissioners, 4 conduct an audit of the official canvass of votes from the 5 preceding general election. 6 2. The state commissioner shall determine the number of 7 counties and precincts to be audited and shall select the 8 precincts to be audited by lot. The absentee ballot and 9 special voters precinct for each county, established pursuant 10 to section 53.20, shall be included with all other precincts of 11 the county for selection by lot. In every precinct selected, 12 the commissioner shall conduct a hand count of all ballots cast 13 in the preceding general election for president of the United 14 States or governor, as the case may be. The hand count shall 15 be observed by a representative selected by each of the two 16 political parties whose candidates received the highest number 17 of votes statewide in the preceding general election. 18 3. a. The commissioner may order an administrative recount 19 pursuant to section 50.50 if the commissioner determines the 20 results of an audit require an administrative recount. 21 b. If selected to conduct an audit, the commissioner shall 22 provide an audit report to the county board of supervisors and 23 shall transmit the audit report to the state commissioner no 24 later than twenty days following the election. 25 4. The results of an audit conducted pursuant to this 26 section shall not change the results, or invalidate the 27 certification, of an election. 28 5. In advance of any other election, the state commissioner 29 may order an audit of the election in the manner provided in 30 this section. 31 6. The state commissioner shall adopt rules, pursuant to 32 chapter 17A, to implement this section. 33 DIVISION V 34 VOTER MISCONDUCT INFORMATION AND REPORTING 35 -18- HF 516 (3) 87 aw/sc/md 18/ 21