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House File 590 - IntroducedA Bill ForAn Act 1relating to the conduct of elections, including
2absentee ballots and voter list maintenance activities,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.2, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. Failure to perform duties. As an
4election official, fails to perform duties prescribed by
5chapters 39 through 53, except for section 48A.41, or fails to
6follow or implement guidance issued pursuant to section 47.1,
7or performs those duties and responsibilities in such a way as
8to hinder or disregard the object of the law.
9 Sec. 2. Section 39A.3, subsection 1, paragraph b, Code 2021,
10is amended by adding the following new subparagraph:
11 NEW SUBPARAGRAPH. (9) Fails to adequately perform voter
12list maintenance in violation of section 48A.41.
13 Sec. 3. Section 39A.4, subsection 1, paragraph b,
14subparagraph (1), Code 2021, is amended to read as follows:
15(1) Serving as a member of a challenging committee or
16observer under section 49.104, subsection 2, 5, or 6, 1,
17paragraph “b”, “e”, or “f”, while serving as a precinct election
18official at the polls.
19 Sec. 4. Section 39A.4, subsection 1, paragraph b,
20subparagraph (2), Code 2021, is amended by striking the
21subparagraph.
22 Sec. 5. Section 39A.4, subsection 1, paragraph b, Code 2021,
23is amended by adding the following new subparagraph:
24 NEW SUBPARAGRAPH. (14) Interferes with a person permitted
25at a polling place pursuant to section 49.104.
26 Sec. 6. Section 39A.4, subsection 1, paragraph c,
27subparagraphs (10) and (11), Code 2021, are amended to read as
28follows:
29(10) Returning a voted absentee ballot, by mail, to a ballot
30drop box, or in person, to the commissioner’s office and the
31person returning the ballot is not the voter, the voter’s
32designee, or a special precinct election official designated
33pursuant to section 53.22, subsection 2 a person prohibited
34to collect and deliver a completed ballot pursuant to section
3553.33.
-1- 1(11) Making a false or untrue statement reporting that
2a voted absentee ballot was returned to the commissioner’s
3office, by mail or in person, or to a ballot drop box, by
4a person other than the voter, the voter’s designee, or a
5special precinct election official designated pursuant to
6section 53.22, subsection 2 prohibited to collect and deliver a
7completed ballot pursuant to section 53.33.
8 Sec. 7. Section 39A.6, subsection 3, Code 2021, is amended
9to read as follows:
103. a. This notice is not a final determination of facts
11or law in the matter, and does not entitle a person to a
12proceeding under chapter 17A. Upon issuance of a technical
13infraction to a county commissioner, the state commissioner
14shall also impose a fine not to exceed ten thousand dollars to
15be deposited in the general fund.
16b. A county commissioner shall pay a fine issued pursuant to
17this section or file an appeal pursuant to chapter 17A within
18sixty days. A county commissioner who fails to pay a fine that
19was not dismissed pursuant to chapter 17A shall be suspended
20from office for a period not to exceed two years pursuant to
21sections 66.7 and 66.8.
22c. If a county commissioner is suspended pursuant to
23paragraph “b”, the state commissioner shall direct the deputy of
24the county commissioner to oversee the functions of the office
25until the suspension is revoked or the office is vacated and a
26successor is elected. The state commissioner may direct the
27state commissioner’s staff to assist in the performance of the
28duties of the county commissioner.
29 Sec. 8. Section 39A.6, Code 2021, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 4. Upon issuing a technical infraction,
32the state commissioner shall immediately inform the attorney
33general and relevant county attorney if the apparent violation
34constitutes or may constitute election misconduct under this
35chapter.
-2-1 Sec. 9. NEW SECTION. 39A.7 Election misconduct —
2investigation.
31. The attorney general or county attorney shall
4investigate allegations of election misconduct reported to the
5attorney general or county attorney. Election misconduct by an
6election official shall also be investigated for prosecution
7under chapter 721.
82. Upon the completion of an investigation required by this
9section, the attorney general or county attorney shall submit
10the results of the investigation to the state commissioner and
11explain whether the attorney general or county attorney will
12pursue charges.
13 Sec. 10. Section 43.20, subsection 1, Code 2021, is amended
14by striking the subsection and inserting in lieu thereof the
15following:
161. Nomination papers shall be signed by eligible electors as
17provided in section 45.1.
18 Sec. 11. Section 43.20, subsection 2, Code 2021, is amended
19by striking the subsection.
20 Sec. 12. Section 44.1, Code 2021, is amended to read as
21follows:
2244.1 Political nonparty Nonparty political organizations.
231. Any convention or caucus of eligible electors
24representing a political organization which is not a political
25party as defined by law, may, for the state, or for any
26division or municipality thereof, or for any county, or for
27any subdivision thereof, for which such convention or caucus
28is held, make one nomination of a candidate for each office to
29be filled therein at the general election. However, in order
30to qualify for any nomination made for a statewide elective
31office by such a political organization there shall be in
32attendance at the convention or caucus where the nomination
33is made a minimum of two hundred fifty five hundred eligible
34electors including at least one eligible elector from each of
35twenty-five counties. In order to qualify for any nomination
-3-1to the office of United States representative there shall be
2in attendance at the convention or caucus where the nomination
3is made a minimum of fifty two hundred eligible electors who
4are residents of the congressional district including at least
5one eligible elector from each of at least one-half of the
6counties of the congressional district. In order to qualify
7for any nomination to an office to be filled by the voters
8of a county or of a city there shall be in attendance at the
9convention or caucus where the nomination is made a minimum of
10ten twenty eligible electors who are residents of the county
11or city, as the case may be, including at least one eligible
12elector from at least one-half of the voting precincts in that
13county or city. In order to qualify for any nomination made
14for the general assembly there shall be in attendance at the
15convention or caucus where the nomination is made a minimum
16of ten twenty-five eligible electors who are residents of the
17representative district or twenty fifty eligible electors who
18are residents of the senatorial district, as the case may be,
19with at least one eligible elector from one-half of the voting
20precincts in the district in each case. The names of all
21delegates in attendance at such convention or caucus and such
22fact shall be certified to the state commissioner together with
23the other certification requirements of this chapter.
242. A candidate who has been nominated under a political
25party under chapter 43 shall not be eligible for nomination
26under this chapter for the same office in the same election
27year.
28 Sec. 13. Section 45.1, Code 2021, is amended to read as
29follows:
3045.1 Nominations by petition.
311. Nominations for candidates for president and vice
32president, governor and lieutenant governor, and for other
33statewide elected offices United States senator may be made
34by nomination petitions signed by not less than one thousand
35five hundred eligible electors residing in not less than ten
-4-1counties of the state three thousand five hundred eligible
2electors, including at least one hundred eligible electors each
3from at least nineteen counties of the state.
41A. Nominations for candidates for statewide offices other
5than those listed in subsection 1 may be made by nomination
6petitions signed by not less than two thousand five hundred
7eligible electors, including at least seventy-seven eligible
8electors from not less than eighteen counties of the state.
92. Nominations for candidates for a representative in
10the United States house of representatives may be made by
11nomination petitions signed by not less than the number of
12eligible electors equal to the number of signatures required in
13subsection 1 divided by the number of congressional districts.
14Signers of the petition shall be eligible electors who are
15residents of the congressional district one thousand seven
16hundred twenty-six eligible electors who are residents of the
17congressional district, including at least forty-seven eligible
18electors each from at least one-half of the counties in the
19congressional district.
203. Nominations for candidates for the state senate may
21be made by nomination petitions signed by not less than one
22hundred eligible electors who are residents of the senate
23district.
244. Nominations for candidates for the state house of
25representatives may be made by nomination petitions signed by
26not less than fifty eligible electors who are residents of the
27representative district.
285. Nominations for candidates for offices filled by the
29voters of a whole county may be made by nomination petitions
30signed by not less than one hundred fifty eligible electors who
31are residents of the county equal in number to at least one
32percent of the number of registered voters in the county on
33July 1 in the year preceding the year in which the office will
34appear on the ballot, or by at least two hundred fifty eligible
35electors who are residents of the county, whichever is less.
-5- 16. Nominations for candidates for the office of county
2supervisor elected by the voters of a supervisor district
3may be made by nomination petitions signed by not less than
4one hundred fifty eligible electors who are residents of the
5supervisor district equal in number to at least one percent
6of the number of registered voters in the supervisor district
7on July 1 in the year preceding the year in which the office
8will appear on the ballot, or by at least one hundred fifty
9eligible electors who are residents of the supervisor district,
10whichever is less.
117. a. Nomination papers for the offices of president and
12vice president shall include the names of the candidates for
13both offices on each page of the petition. A certificate
14listing the names of the candidates for presidential electors,
15one from each congressional district and two from the state at
16large, shall be filed in the state commissioner’s office at the
17same time the nomination papers are filed.
18b. Nomination papers for the offices of governor and
19lieutenant governor shall include the names of candidates for
20both offices on each page of the petition. Nomination papers
21for other statewide elected offices and all other offices shall
22include the name of the candidate on each page of the petition.
238. Nominations for candidates for elective offices in
24cities where the council has adopted nominations under this
25chapter may be submitted as follows:
26a. Except as otherwise provided in subsection 9, in cities
27having a population of three thousand five hundred twenty
28thousand or greater according to the most recent federal
29decennial census, nominations may be made by nomination papers
30signed by not less than twenty-five one hundred eligible
31electors who are residents of the city or ward.
32b. In cities having a population of one hundred five
33thousand or greater, but less than three thousand five hundred
34 twenty thousand, according to the most recent federal decennial
35census, nominations may be made by nomination papers signed by
-6-1not less than ten fifty eligible electors who are residents of
2the city or ward.
3c. In cities having a population of less than one hundred
4 one thousand or greater, but less than five thousand, according
5to the most recent federal decennial census, nominations may
6be made by nomination papers signed by not less than five
7 twenty-five eligible electors who are residents of the city.
8d. In cities having a population of less than one thousand
9according to the most recent decennial census, nominations
10may be made by nomination papers signed by not less than ten
11eligible electors who are residents of the city.
129. Nominations for candidates, other than partisan
13candidates, for elective offices in special charter cities
14subject to section 43.112 may be submitted as follows:
15a. For the office of mayor, and alderman at large,
16nominations and ward alderman in special charter cities subject
17to the provisions of section 43.112 may be made by nomination
18papers signed by not less than one hundred eligible electors
19residing in the city equal in number to at least two percent of
20the total vote received by all candidates for mayor at the last
21preceding city election.
22b. For the office of ward alderman, nominations may be made
23by nomination papers signed by eligible electors residing in
24the ward equal in number to at least two percent of the total
25vote received by all candidates for ward alderman in that ward
26at the last preceding city election.
27 Sec. 14. Section 47.1, subsection 1, Code 2021, is amended
28to read as follows:
291. The secretary of state is designated as the state
30commissioner of elections and shall supervise the activities of
31the county commissioners of elections. There is established
32within the office of the secretary of state a division of
33elections which shall be under the direction of the state
34commissioner of elections. The state commissioner of
35elections may appoint a person to be in charge of the division
-7-1of elections who shall perform the duties assigned by the
2state commissioner of elections. The state commissioner of
3elections shall prescribe uniform election practices and
4procedures, shall prescribe the necessary forms required
5for the conduct of elections, shall assign a number to each
6proposed constitutional amendment and statewide public measure
7for identification purposes, and shall adopt rules, pursuant to
8chapter 17A, to carry out this section. The state commissioner
9of elections may issue guidance that is not subject to the
10rulemaking process to clarify election laws and rules.
11 Sec. 15. Section 47.2, subsection 1, Code 2021, is amended
12to read as follows:
131. The county auditor of each county is designated as the
14county commissioner of elections in each county. The county
15commissioner of elections shall conduct voter registration
16pursuant to chapter 48A and conduct all elections within the
17county. The county commissioner of elections does not possess
18home rule powers with respect to the exercise of powers or
19duties related to the conduct of elections prescribed by
20statute or rule, or guidance issued pursuant to section 47.1.
21 Sec. 16. Section 47.7, subsection 2, Code 2021, is amended
22by adding the following new paragraph:
23 NEW PARAGRAPH. f. (1) The state registrar shall, in the
24first quarter of each calendar year, conduct a verification
25of all voters in the statewide voter registration file, which
26shall include cross-referencing the records in the statewide
27voter registration file with similar records maintained by
28other states. The state registrar of voters shall cancel the
29registration of a voter found to be ineligible pursuant to
30section 48A.30. The state registrar shall submit a report
31to the general assembly by April 30 of each year regarding
32the number of voter registrations canceled pursuant to this
33paragraph. The state registrar shall also publish this report
34on the internet site of the state registrar.
35(2) The state registrar may contract with a third-party
-8-1vendor to develop or provide a program to allow the state
2registrar to verify the status of records in the statewide
3voter registration file and identify ineligible voters on an
4ongoing basis.
5 Sec. 17. Section 47.7, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 3. The state registrar of voters shall use
8information from the electronic registration information center
9to update information in the statewide voter registration
10system, including but not limited to the following reports:
11a. In-state duplicates.
12b. In-state updates.
13c. Cross-state matches.
14d. Deceased.
15e. Eligible but unregistered.
16f. National change of address.
17 Sec. 18. Section 48A.28, subsections 1 and 2, Code 2021, are
18amended to read as follows:
191. Each commissioner shall conduct a systematic program
20that makes a reasonable effort to remove from the official list
21of registered voters the names of registered voters who have
22changed residence from their registration addresses. Either or
23both of the methods described in this section may be used.
242. a. A commissioner may shall participate in the United
25States postal service national change of address program, as
26provided in section 48A.27. The state voter registration
27commission shall adopt rules establishing specific requirements
28for participation and use of the national change of address
29program.
30b. A commissioner participating in the national change of
31address program, in the first quarter of each calendar year,
32shall send a notice and preaddressed, postage paid return card
33by forwardable mail to each registered voter whose name was
34not reported by the national change of address program and who
35has not voted in two or more consecutive general elections the
-9-1most recent general election and has not registered again, or
2who has not reported a change to an existing registration, or
3who has not responded to a notice from the commissioner or
4registrar during the period between and following the previous
5two general elections. Registered voters receiving such
6notice shall be marked inactive. The form and language of the
7notice and return card shall be specified by the state voter
8registration commission by rule. A registered voter shall not
9be sent a notice and return card under this subsection more
10frequently than once in a four-year period.
11 Sec. 19. Section 48A.28, subsection 3, Code 2021, is amended
12by striking the subsection.
13 Sec. 20. Section 48A.30, subsection 1, paragraph g, Code
142021, is amended to read as follows:
15g. The registered voter’s registration record has been
16inactive pursuant to section 48A.28 or 48A.29 for two
17successive general elections.
18 Sec. 21. Section 48A.37, subsection 2, Code 2021, is amended
19to read as follows:
202. Electronic records shall include a status code
21designating whether the records are active, inactive,
22incomplete, pending, or canceled. Inactive records are records
23of registered voters to whom notices have been sent pursuant
24to section 48A.28, subsection 3, and who have not returned
25the card or otherwise responded to the notice, and those
26records have been designated inactive pursuant to section
2748A.29. Inactive records are also records of registered
28voters to whom notices have been sent pursuant to section
2948A.26A and who have not responded to the notice. Incomplete
30records are records missing required information pursuant to
31section 48A.11, subsection 8. Pending records are records of
32applicants whose applications have not been verified pursuant
33to section 48A.25A. Canceled records are records that have
34been canceled pursuant to section 48A.30. All other records
35are active records. An inactive record shall be made active
-10-1when the registered voter requests an absentee ballot, votes
2at an election, registers again, or reports a change of name,
3address, telephone number, or political party or organization
4affiliation. An incomplete record shall be made active when
5a completed application is received from the applicant and
6verified pursuant to section 48A.25A. A pending record shall
7be made active upon verification or upon the voter providing
8identification pursuant to section 48A.8.
9 Sec. 22. NEW SECTION. 48A.40 Voter list maintenance
10reports.
111. The commissioner of registration shall annually
12submit to the state registrar of voters a report regarding
13the number of voter registration records marked inactive or
14canceled pursuant to sections 48A.28 through 48A.30. The state
15registrar of voters shall publish such reports on the internet
16site of the state registrar of voters.
172. The state registrar of voters shall determine by rule the
18form and submission deadline of reports submitted pursuant to
19subsection 1.
20 Sec. 23. NEW SECTION. 48A.41 Voter registration maintenance
21audits — investigations.
221. The state registrar of voters shall conduct an audit
23of voter registration maintenance by each commissioner of
24registration in April of each odd-numbered year, on a schedule
25determined by the commissioner.
262. If in the course of an audit under this section the
27state registrar of voters finds that a commissioner of
28registration has failed to adequately perform required voter
29list maintenance, the state registrar of voters shall submit
30the audit to the relevant county attorney and attorney general
31within twenty-four hours for investigation of a violation of
32section 39A.3, subsection 1, paragraph “b”, subparagraph (9),
33or other provision of law.
34 Sec. 24. NEW SECTION. 49.2 Oversight by the state
35commissioner.
-11- 1The state commissioner, or a designee of the state
2commissioner, may, at the discretion of the state commissioner,
3oversee the activities of a county commissioner of elections
4during a period beginning sixty days before an election and
5ending sixty days after an election. For the purposes of this
6section, “oversee” means to observe election-related activity,
7correct any activity not in accordance with law, and issue a
8written notice and instructions pursuant to section 39A.6 for
9any technical infractions that are observed.
10 Sec. 25. Section 49.13, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 7. A person serving on a precinct election
13board pursuant to subsection 2 or 3 who changes the political
14party of which the person is a member within thirty days before
15an election shall be immediately removed from the board and a
16substitute shall be appointed pursuant to section 49.14.
17 Sec. 26. Section 49.77, subsection 2, Code 2021, is amended
18to read as follows:
192. If the declaration of eligibility is not printed on
20each page of the election register, any of those persons
21present pursuant to section 49.104, subsection 2, 3, 5, or 6,
22 1, paragraph “b”, “c”, “e”, or “f”, may upon request view the
23signed declarations of eligibility and may review the signed
24declarations on file so long as the person does not interfere
25with the functions of the precinct election officials. If the
26declaration of eligibility is printed on the election register,
27voters shall also sign a voter roster which the precinct
28election official shall make available for viewing. Any of
29those persons present pursuant to section 49.104, subsection 2,
303, 5, or 6, 1, paragraph “b”, “c”, “e”, or “f”, may upon request
31view the roster of those voters who have signed declarations of
32eligibility, so long as the person does not interfere with the
33functions of the precinct election officials.
34 Sec. 27. Section 49.90, Code 2021, is amended to read as
35follows:
-12- 149.90 Assisting voter.
2Any voter who may declare upon oath that the voter is blind,
3cannot read the English language, or is, by reason of any
4physical disability other than intoxication, unable to cast a
5vote without assistance, shall, upon request, be assisted by
6the two officers as provided in section 49.89, or alternatively
7by any other person the voter may select in casting the vote,
8except that the voter shall not select a person standing for
9election on the ballot. The officers, or the person selected
10by the voter, shall cast the vote of the voter requiring
11assistance, and shall thereafter give no information regarding
12the vote cast. If any elector because of a disability cannot
13enter the building where the polling place for the elector’s
14precinct of residence is located, the two officers shall take
15a paper ballot to the vehicle occupied by the elector with
16a disability and allow the elector to cast the ballot in
17the vehicle. Ballots cast by voters with disabilities shall
18be deposited in the regular ballot box, or inserted in the
19tabulating device, and counted in the usual manner.
20 Sec. 28. Section 49.104, Code 2021, is amended to read as
21follows:
2249.104 Persons permitted at polling places.
231. The following persons shall be permitted to be present at
24and in the immediate vicinity of the polling places, provided
25they do not solicit votes:
261. a. Any person who is by law authorized to perform or
27is charged with the performance of official duties at the
28election.
292. b. Any number of persons, not exceeding three at a time
30from each political party having candidates to be voted for
31at such election, to act as challenging committees, who are
32appointed and accredited by the executive or central committee
33of such political party or organization.
343. c. Any number of persons not exceeding three at a time
35from each of such political parties, appointed and accredited
-13-1in the same manner as prescribed in subsection 2 paragraph
2“b” for challenging committees, and any number of persons
3not exceeding three at a time appointed as observers under
4subsection 5 paragraph “e”, to witness the counting of ballots.
54. d. Any peace officer assigned or called upon to keep
6order or maintain compliance with the provisions of this
7chapter, upon request of the commissioner or of the chairperson
8of the precinct election board.
95. e. One observer at a time representing any nonparty
10political organization, any candidate nominated by petition
11pursuant to chapter 45, or any other nonpartisan candidate
12in a city or school election, appearing on the ballot of the
13election in progress. Candidates who send observers to the
14polls shall provide each observer with a letter of appointment
15in the form prescribed by the state commissioner.
166. f. Any persons expressing an interest in a ballot issue
17to be voted upon at an election except a general or primary
18election. Any such person shall file a notice of intent to
19serve as an observer with the commissioner before election
20day. If more than three persons file a notice of intent to
21serve at the same time with respect to ballot issues at an
22election, the commissioner shall appoint from those submitting
23a notice of intent the three persons who may serve at that time
24as observers, and shall provide a schedule to all persons who
25filed notices of intent. The appointees, whenever possible,
26shall include both opponents and proponents of the ballot
27issues.
287. g. Any person authorized by the commissioner, in
29consultation with the secretary of state, for the purposes of
30conducting and attending educational voting programs.
318. h. Reporters, photographers, and other staff
32representing the news media. However, representatives of the
33news media, while present at or in the immediate vicinity of
34the polling places, shall not interfere with the election
35process in any way.
-14- 12. A precinct election official or county commissioner
2shall not obstruct or interfere with a person fulfilling that
3person’s role or performing that person’s duty under subsection
41. A person who violates this subsection is guilty of election
5misconduct in the third degree.
6 Sec. 29. NEW SECTION. 50.52 Enforcement.
7Members of local law enforcement agencies and the state
8patrol are authorized to take all reasonable actions to prevent
9violations of this chapter.
10 Sec. 30. Section 53.2, subsection 1, Code 2021, is amended
11to read as follows:
121. a. Any registered voter, under the circumstances
13specified in section 53.1, may on any day, except election day,
14and not more than one hundred twenty seventy days prior to the
15date of the election, apply in person for an absentee ballot
16at the commissioner’s office or at any location designated by
17the commissioner. However, for those elections in which the
18commissioner directs the polls be opened at noon pursuant to
19section 49.73, a voter may apply in person for an absentee
20ballot at the commissioner’s office from 8:00 a.m.until 11:00
21a.m.on election day.
22b. A registered voter may make written application to the
23commissioner for an absentee ballot. A written application
24for an absentee ballot must be received by the commissioner no
25later than 5:00 p.m.on the same day as the voter registration
26deadline provided in section 48A.9 for the election for which
27the ballot is requested, except when the absentee ballot is
28requested and voted at the commissioner’s office pursuant to
29section 53.10. A written application for an absentee ballot
30delivered to the commissioner and received by the commissioner
31more than one hundred twenty seventy days prior to the date of
32the election shall be returned to the voter with a notification
33of the date when the applications will be accepted.
34c. The commissioner shall not send an absentee ballot
35application to a voter.
-15- 1d. In the event of a public health disaster declared by the
2governor pursuant to section 29C.6, the general assembly may by
3resolution direct the state commissioner to send an absentee
4ballot application to each registered voter prior to a primary
5or general election held in an even-numbered year. If the
6general assembly is not in session, the legislative council may
7so direct the state commissioner by a majority vote.
8 Sec. 31. Section 53.2, subsection 2, Code 2021, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. d. No absentee ballot application shall be
11provided to a registered voter with any field prefilled, except
12that the absentee ballot application may have the fields for
13the type and date of the election prefilled.
14 Sec. 32. Section 53.2, Code 2021, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 11. If an application for an absentee
17ballot is received between 5:00 p.m.on the eleventh day
18before an election and 5:00 p.m.on the seventh day before
19an election, the commissioner shall notify the registered
20voter within twenty-four hours that the absentee ballot
21request cannot be processed and notify the registered voter
22of ways the registered voter may participate in the election.
23A notification sent pursuant to this subsection shall be
24transmitted in the same manner as a notification transmitted
25pursuant to subsection 4, paragraph “b”.
26 Sec. 33. NEW SECTION. 53.4 Absentee ballots — reports.
271. Beginning on the first day that absentee ballots are
28mailed in each primary and general election and each special
29election pursuant to section 69.14, and through election
30day, the state commissioner shall publish a report regarding
31absentee ballots on a daily basis. The report shall include,
32at a minimum, all of the following information:
33a. The number of absentee ballot request forms received by
34a county commissioner.
35b. The number of absentee ballots sent by a county
-16-1commissioner.
2c. The total number of absentee ballots received by a county
3commissioner, and the total delivered by each of the following
4methods:
5(1) Mail.
6(2) Delivery to a drop box.
7(3) Delivery by hand.
8(4) Voted in person at a satellite location.
92. Each county commissioner shall provide all information
10necessary under this section to the state commissioner in a
11manner prescribed by the state commissioner.
12 Sec. 34. Section 53.8, subsection 1, paragraph a,
13unnumbered paragraph 1, Code 2021, is amended to read as
14follows:
15Upon receipt of an application for an absentee ballot and
16immediately after the absentee ballots are printed, but not
17more than twenty-nine eighteen days before the election, the
18commissioner shall mail an absentee ballot to the applicant
19within twenty-four hours, except as otherwise provided in
20subsection 3. When the United States post office is closed
21in observance of a federal holiday and is not delivering mail
22on the twenty-ninth day before the election, the first day to
23mail absentee ballots is the next business day on which mail
24delivery is available. The absentee ballot shall be sent to
25the registered voter by one of the following methods:
26 Sec. 35. Section 53.8, subsection 2, paragraph a, Code 2021,
27is amended to read as follows:
28a. The commissioner shall enclose with the absentee ballot
29a statement informing the applicant that the sealed return
30envelope may be mailed to the commissioner by the registered
31voter or the voter’s designee, may be returned to a drop box
32established by the commissioner pursuant to section 53.17,
33subsection 1, by the registered voter or the voter’s designee,
34only if the commissioner has established such a drop box, or
35may be personally delivered to the commissioner’s office by
-17-1the registered voter or the voter’s designee. The statement
2shall also inform the voter that the voter may request that the
3voter’s designee complete a receipt when retrieving the ballot
4from the voter. A blank receipt shall be enclosed with the
5absentee ballot.
6 Sec. 36. Section 53.8, Code 2021, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 4. The commissioner and the state
9commissioner shall not mail an absentee ballot to a person who
10has not submitted an application for an absentee ballot.
11 Sec. 37. Section 53.10, subsection 1, Code 2021, is amended
12to read as follows:
131. Not more than twenty-nine eighteen days before the
14date of the primary election or the general election, the
15commissioner shall provide facilities for absentee voting in
16person at the commissioner’s office. This service shall also
17be provided for other elections as soon as the ballots are
18ready, but in no case shall absentee ballots be available under
19this section more than twenty-nine eighteen days before an
20election.
21 Sec. 38. Section 53.11, subsection 1, paragraph a, Code
222021, is amended to read as follows:
23a. Not more than twenty-nine eighteen days before the date
24of an election, satellite absentee voting stations may be
25established throughout the cities and county at the direction
26of the commissioner and shall be established upon receipt
27of a petition signed by not less than one hundred eligible
28electors requesting that a satellite absentee voting station
29be established at a location to be described on the petition.
30However, if a special election is scheduled in the county on a
31date that falls between the date of the regular city election
32and the date of the city runoff election, the commissioner is
33not required to establish a satellite absentee voting station
34for the city runoff election.
35 Sec. 39. Section 53.17, subsection 1, paragraph b, Code
-18-12021, is amended to read as follows:
2b. The sealed return envelope may be mailed to the
3commissioner by the registered voter or by the voter’s
4designee. If mailed by the voter’s designee, the envelope
5must be mailed within seventy-two hours of retrieving it from
6the voter or within time to be postmarked or, if applicable,
7 to have the postal service barcode traced to a date of entry
8into the federal mail system not later than the day before the
9election, as provided in section 53.17A, whichever is earlier.
10 Sec. 40. Section 53.17, subsection 1, Code 2021, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. c. The sealed return envelope may be
13delivered by a person not prohibited to collect and deliver a
14completed ballot pursuant to section 53.33 to a ballot drop
15box established by the commissioner no later than the time the
16polls are closed on election day. However, if delivered by
17the voter’s designee, the envelope shall be delivered within
18seventy-two hours of retrieving it from the voter or before the
19closing of the polls on election day, whichever is earlier. A
20commissioner is not required to establish a ballot drop box. A
21ballot drop box must meet all of the following requirements:
22(1) A commissioner shall not establish more than one
23ballot drop box, which shall be located at the office of
24the commissioner, or on property owned and maintained by the
25county that directly surrounds the building where the office
26is located. For the purposes of this subparagraph, “office of
27the commissioner” means a location where a voter may receive
28services pursuant to section 48A.17, 50.20, 53.10, or 53.18.
29(2) The ballot drop box shall not be used for any purpose
30other than the collection of absentee ballots.
31(3) The commissioner shall implement all reasonable
32and necessary measures to ensure that the ballot drop box
33is accessible and secure. Security measures may include
34placing the ballot drop box in a place regularly viewed by the
35commissioner or the commissioner’s staff.
-19- 1(4) A video surveillance system shall be used to monitor all
2activity at the ballot drop box at all times while the ballot
3drop box is in place. The system shall create a recording,
4which shall be reviewed by the state commissioner, county
5attorney, and law enforcement in the event that misconduct
6occurs.
7(5) A ballot drop box shall be available no sooner than the
8time that absentee ballots are allowed to be mailed pursuant
9to section 53.8. The ballot drop box shall be removed or
10restricted from accepting deliveries immediately upon the
11closure of polls on election day.
12(6) While available, a ballot drop box shall be securely
13fastened to a stationary surface or an immovable object.
14(7) The ballot drop box shall be secured by a lock and shall
15include a tamper-evident seal. Only the commissioner or an
16employee of the commissioner shall have access to the means to
17unfasten the lock.
18(8) Materials delivered to the ballot drop box shall be
19retrieved in an expeditious manner, but no less often than four
20times per day.
21(9) The commissioner shall maintain a log of each time
22materials are retrieved from the ballot drop box, including the
23date and time materials were retrieved, and the name of the
24person who retrieved the materials. The commissioner or the
25commissioner’s employee shall record on the ballot, near the
26portion of the envelope including the affidavit signed by the
27voter, that the materials were retrieved from a drop box, the
28date and time of the retrieval, and the initials of the person
29who retrieved the materials.
30(10) A ballot retrieved from a ballot drop box shall be
31processed in the same manner as a ballot returned pursuant to
32paragraph “a”.
33 Sec. 41. Section 53.17, subsection 2, Code 2021, is amended
34to read as follows:
352. In order for the ballot to be counted, the return
-20-1envelope must be received in the commissioner’s office before
2the polls close on election day or be clearly postmarked by an
3officially authorized postal service or bear a postal service
4barcode traceable to a date of entry into the federal mail
5system not later than the day before the election, as provided
6in section 53.17A, and received by the commissioner not later
7than noon on the Monday following the election.
8 Sec. 42. Section 53.17, subsection 4, paragraph f, Code
92021, is amended to read as follows:
10f. A statement that the completed absentee ballot will
11be delivered to the commissioner’s office within seventy-two
12hours of retrieving it from the voter or before the closing of
13the polls on election day, whichever is earlier, or that the
14completed absentee ballot will be mailed to the commissioner
15within seventy-two hours of retrieving it from the voter or
16within time to be postmarked or, if applicable, to have the
17postal service barcode traced to a date of entry into the
18federal mail system not later than the day before the election,
19as provided in section 53.17A, whichever is earlier.
20 Sec. 43. Section 53.17, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 5. For the purposes of this section,
23“voter’s designee” means a person not prohibited to collect and
24deliver a completed ballot pursuant to section 53.33.
25 Sec. 44. Section 53.17A, subsection 2, paragraphs a and b,
26Code 2021, are amended by striking the paragraphs.
27 Sec. 45. Section 53.17A, subsection 3, paragraph b, Code
282021, is amended to read as follows:
29b. (1) If the postmark indicates that the absentee ballot
30entered the federal mail system by the deadline specified
31in section 53.17 or 53.22, the ballot shall be included for
32canvass by the absentee and special voters precinct board.
33(2) If the postmark is illegible, missing, or dated on
34or after election day, the The commissioner shall attempt
35to verify the ballot’s date of entry into the federal mail
-21-1system by querying the postal service barcode in the tracking
2information database. If the tracking information database
3indicates that the absentee ballot entered the federal mail
4system by the deadline specified in section 53.17 or 53.22,
5the ballot shall be included for canvass by the absentee and
6special voters precinct board. A postmark shall not be used
7to verify the date the absentee ballot entered the federal
8mail system. The commissioner shall provide a report to the
9absentee and special voters precinct board regarding the
10information available in the tracking information database.
11(3) If there is a discrepancy between the date indicated by
12the postmark and the postal service barcode, the earlier of the
13two shall determine the date of entry of the absentee ballot
14into the federal mail system.
15(4) (2) (a) If neither the postmark nor the postal service
16barcode indicates does not indicate that the absentee ballot
17entered the federal mail system by the deadline specified in
18section 53.17 or 53.22, the absentee ballot shall be sent to
19the absentee and special voters precinct board pursuant to
20subparagraph division (b) with the numeric value assigned to
21the postal service barcode and a full report from the tracking
22information database.
23(b) Up to five absentee and special voters precinct board
24members from each political party for partisan elections,
25or any two members of the board for nonpartisan elections,
26shall review the postal service barcode and tracking database
27information report of each absentee ballot submitted pursuant
28to subparagraph division (a) and certify that the tracking
29information database report corresponds to the absentee ballot
30by initialing the report and the absentee ballot envelope.
31If the board concludes that the postal service barcode and
32tracking information database report verify that the absentee
33ballot entered the federal mail system by the deadline
34specified in section 53.17 or 53.22, the ballot shall be
35counted. Otherwise, the ballot shall not be counted.
-22-1 Sec. 46. Section 53.18, subsection 2, Code 2021, is amended
2to read as follows:
32. a. If the commissioner receives the return envelope
4containing the completed absentee ballot by 5:00 p.m.on the
5Saturday before the election for general elections and by 5:00
6p.m.on the Friday before the election for all other elections,
7the commissioner shall review the affidavit marked on the
8return envelope, if applicable, for completeness or shall open
9the return envelope to review the affidavit for completeness.
10If the affidavit is incomplete, the commissioner shall, within
11twenty-four hours of the time the envelope was received, notify
12the voter of that fact and that the voter may complete the
13affidavit in person at the office of the commissioner by 5:00
14p.m.on the day before the election, vote a replacement ballot
15in the manner and within the time period provided in subsection
163, or appear at the voter’s precinct polling place on election
17day and cast a ballot in accordance with section 53.19,
18subsection 3. If the affidavit lacks the signature of the
19registered voter, the commissioner shall, within twenty-four
20hours of the receipt of the envelope, notify the voter of the
21deficiency and inform the voter that the voter may vote a
22replacement ballot as provided in subsection 3, cast a ballot
23as provided in section 53.19, subsection 3, or complete the
24affidavit in person at the office of the commissioner not later
25than the time polls close on election day.
26b. If the commissioner receives the return envelope
27containing the completed absentee ballot after the deadline
28in paragraph “a”, the commissioner shall submit the affidavit
29to the absentee and special voters precinct board for review.
30If the absentee and special voters precinct determines that
31the affidavit is incomplete, the commissioner shall, within
32twenty-four hours of the determination, notify the voter. If
33the affidavit lacks the signature of the registered voter, the
34commissioner shall notify the voter that the voter may complete
35the affidavit in person at the office of the commissioner
-23-1not later than noon on the Monday following the election, or
2if the law authorizing the election specifies that the votes
3be canvassed earlier than the Monday following the election,
4before the canvass of the election.
5 Sec. 47. Section 53.18, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 04. For the purposes of this section, a
8return envelope marked with the affidavit shall be considered
9incomplete if the affidavit lacks the registered voter’s
10signature. A signature or marking made in accordance with
11section 39.3, subsection 17, shall not cause an affidavit to be
12considered incomplete.
13 Sec. 48. Section 53.19, subsection 1, Code 2021, is amended
14to read as follows:
151. The commissioner shall maintain a list of the absentee
16ballots provided to registered voters, the serial number
17appearing on the unsealed envelope, the date the application
18for the absentee ballot was received, and the date the absentee
19ballot was sent to the registered voter requesting the absentee
20ballot, the date the absentee ballot was received by the
21commissioner, the date the absentee ballot outer envelope
22was opened, and whether the ballot was delivered by mail,
23in person, or cast in person at a satellite location. The
24information under this subsection shall be reported separately
25at the same time as the information reported under section
2653.30, subsection 3.
27 Sec. 49. Section 53.22, subsection 3, Code 2021, is amended
28to read as follows:
293. Any registered voter who becomes a patient, tenant, or
30resident of a hospital, assisted living program, or health care
31facility in the county where the voter is registered to vote
32within three days prior to the date of any election after the
33deadline to make a written application for an absentee ballot
34as provided in section 53.2 or on election day may request an
35absentee ballot during that period or on election day. As an
-24-1alternative to the application procedure prescribed by section
253.2, the registered voter may make the request directly to
3the officers who are delivering and returning absentee ballots
4under this section. Alternatively, the request may be made by
5telephone to the office of the commissioner not later than four
6hours before the close of the polls. If the requester is found
7to be a registered voter of that county, these officers shall
8deliver the appropriate absentee ballot to the registered voter
9in the manner prescribed by this section.
10 Sec. 50. Section 53.22, subsection 6, Code 2021, is amended
11to read as follows:
126. a. If the registered voter becomes a patient, tenant, or
13resident of a hospital, assisted living program, or health care
14facility outside the county where the voter is registered to
15vote within three days before the date of any election after
16the deadline to make a written application for an absentee
17ballot as provided in section 53.2 or on election day, the
18voter may designate a person to deliver and return the absentee
19ballot. The designee may be any person the voter chooses
20except that no candidate for any office to be voted upon for
21the election for which the ballot is requested may deliver a
22ballot under this subsection shall be a person not prohibited
23to collect and deliver a completed ballot pursuant to section
2453.33. The request for an absentee ballot may be made by
25telephone to the office of the commissioner not later than four
26hours before the close of the polls. If the requester is found
27to be a registered voter of that county, the ballot shall be
28delivered by mail or by the person designated by the voter. An
29application form shall be included with the absentee ballot and
30shall be signed by the voter and returned with the ballot.
31b. Absentee ballots voted under this subsection shall be
32delivered to the commissioner no later than the time the polls
33are closed on election day. If the ballot is returned by mail
34the return envelope must be received by the time the polls
35close, or be clearly postmarked by an officially authorized
-25-1postal service or bear a postal service barcode traceable to a
2date of entry into the federal mail system not later than the
3day before the election, as provided in section 53.17A, and
4received by the commissioner no later than the time established
5for the canvass by the board of supervisors for that election.
6 Sec. 51. Section 53.30, Code 2021, is amended to read as
7follows:
853.30 Ballots, ballot envelopes, and other information
9preserved.
101. At the conclusion of each meeting of the absentee and
11special voter precinct board, the board shall reconcile the
12number of signed affidavits provided to the board by the
13commissioner and the number of ballots that were counted and
14tabulated. The board shall record the number of ballots that
15were rejected prior to opening the affidavit envelope, the
16number of absentee ballots that have been challenged and are
17currently unopened, and the number of absentee ballots that
18were accepted for counting and tabulation. The board shall
19also reconcile the number of provisional ballots provided
20to the board by the commissioner, the number of provisional
21ballots that were accepted for counting and tabulation, and the
22number of provisional ballots that were rejected.
232. At the conclusion of each meeting of the absentee and
24special voters precinct board, the board shall securely seal
25all ballots counted by them in the manner prescribed in section
2650.12. The ballot envelopes, including the affidavit envelope
27if an affidavit envelope was provided, the return envelope, and
28secrecy envelope bearing the signatures of precinct election
29officials, as required by section 53.23, shall be preserved.
30All applications for absentee ballots, ballots rejected without
31being opened, absentee ballot logs, and any other documents
32pertaining to the absentee ballot process shall be preserved
33until such time as the documents may be destroyed pursuant to
34section 50.19.
353. Following each primary and general election,
-26-1commissioners shall report to the state commissioner the
2number of voted absentee ballots received by the commissioner,
3the total number of absentee ballots counted and tabulated
4by the board, and the number of absentee ballots rejected by
5the board. The commissioner shall also provide the number of
6provisional ballots cast, the number of provisional ballots
7rejected, and the number of provisional ballots that were
8counted and tabulated by the board.
9 Sec. 52. NEW SECTION. 53.33 Unlawful return of ballot.
10Notwithstanding any provision of law to the contrary, no
11person other than the registered voter or an individual who
12lives in the same household as the registered voter, the
13registered voter’s immediate family member, an individual
14serving as a caretaker for the registered voter, or an
15individual pursuant to section 53.22 shall collect a completed
16ballot and return the ballot by mail or in person to the county
17auditor’s office or other election location. A violation of
18this section constitutes election misconduct in the third
19degree under section 39A.4.
20 Sec. 53. Section 66.1A, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8. For failure to pay a fine imposed
23pursuant to section 39A.6 and not dismissed pursuant to chapter
2417A.
25 Sec. 54. Section 69.14A, subsection 2, paragraph a,
26subparagraphs (1) and (2), Code 2021, are amended to read as
27follows:
28(1) The appointment shall be for the period until the
29next pending election as defined in section 69.12 general
30election, and shall be made within forty days after the vacancy
31occurs. If the board of supervisors chooses to proceed under
32this paragraph, the board shall publish notice in the manner
33prescribed by section 331.305 stating that the board intends
34to fill the vacancy by appointment but that the electors of
35the county have the right to file a petition requiring that
-27-1the vacancy be filled by special election. The board may
2publish notice in advance if an elected official submits a
3resignation to take effect at a future date. The board may
4make an appointment to fill the vacancy after the notice is
5published or after the vacancy occurs, whichever is later. A
6person appointed to an office under this subsection, except for
7a county attorney, shall have actually resided in the county
8which the appointee represents sixty days prior to appointment.
9A person appointed to the office of county attorney shall be a
10resident of the county at the time of appointment.
11(2) However, if within fourteen days after publication
12of the notice or within fourteen days after the appointment
13is made, a petition is circulated and filed with the county
14auditor requesting a special election to fill the vacancy,
15the appointment is temporary and a special election shall be
16called as provided in paragraph “b”. The petition shall meet
17the requirements of section 331.306. A signature shall not be
18considered valid if the signature is dated prior to the date on
19which the appointment was made.
20 Sec. 55. Section 69.14A, subsection 2, paragraph b,
21subparagraph (1), Code 2021, is amended to read as follows:
22(1) The board of supervisors may, on its own motion, or
23shall, upon receipt of a petition as provided in paragraph
24“a”, call for a special election to fill the vacancy in lieu
25of appointment. The supervisors shall order the special
26election at the earliest practicable date, but giving at least
27thirty-two days’ notice of the election. A special election
28called under this section shall be held on a Tuesday and shall
29not be held on the same day as a school election within the
30county.
31 Sec. 56. Section 331.756, Code 2021, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 75. Bring actions under chapter 66 for
34failure to pay fines imposed pursuant to section 39A.6 and not
35dismissed pursuant to chapter 17A.
-28-1 Sec. 57. EFFECTIVE DATE. This Act, being deemed of
2immediate importance, takes effect upon enactment.
3 Sec. 58. APPLICABILITY. The following apply to all
4candidates seeking election to an office that will appear on a
5ballot in or after 2022:
61. The sections of this Act amending section 43.20.
72. The section of this Act amending section 44.1.
83. The section of this Act amending section 45.1.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the conduct of elections.
13The bill allows the state commissioner of elections to issue
14guidance outside of the rulemaking process to clarify election
15laws and rules. The bill makes failure to follow or implement
16such guidance election misconduct in the first degree, which
17is a class “D” felony. A class “D” felony is punishable by
18confinement for no more than five years and a fine of at least
19$1,025 but not more than $10,245. The bill also makes the
20failure to perform election duties and performance of election
21duties in such a way as to hinder or disregard the object of the
22law election misconduct in the first degree.
23The bill makes interference by a precinct election official
24or county commissioner with a person who is allowed to be at a
25polling place election misconduct in the third degree, which
26is a serious misdemeanor. A serious misdemeanor is punishable
27by confinement for no more than one year and a fine of at least
28$430 but not more than $2,560.
29The bill expressly grants state and local law enforcement
30agencies the authority to take all reasonable actions to
31prevent the violation of Code chapter 50 (canvass of votes).
32The bill makes failure to adequately perform voter list
33maintenance by an election official election misconduct in
34the second degree, an aggravated misdemeanor. An aggravated
35misdemeanor is punishable by confinement for no more than two
-29-1years and a fine of at least $855 but not more than $8,540.
2The bill allows a county commissioner of elections to
3establish a single drop box where voters can return completed
4absentee ballots. The bill requires the drop box to be located
5at or near the office of the county commissioner and sets
6certain requirements regarding the security, maintenance, and
7documentation of ballot drop boxes. The bill makes conforming
8changes regarding the return of absentee ballots.
9The bill requires the state commissioner of elections to
10issue a fine of up to $10,000, to be paid into the general
11fund, to a county commissioner of elections when the state
12commissioner issues a technical infraction to a county
13commissioner. A county commissioner shall pay or appeal the
14fine within 60 days. A county commissioner who fails to pay a
15fine that is not dismissed within 60 days shall be suspended
16from office for no longer than two years. If a county
17commissioner is suspended from office, the state commissioner
18shall direct the deputy county commissioner to fulfill the
19duties of the office, and the state commissioner may direct
20the state commissioner’s staff to assist the deputy county
21commissioner. The bill also requires the state commissioner
22to report a technical infraction to the attorney general and
23relevant county attorney if the infraction constitutes or
24may constitute election misconduct. The attorney general or
25county attorney shall report the results of the investigation
26to the state commissioner of elections and explain whether the
27attorney will pursue charges.
28The bill requires the attorney general or county attorney
29to investigate allegations of election misconduct, and to
30investigate misconduct by election officials for prosecution
31under Code chapter 721 (official misconduct).
32The bill prohibits a person who has been nominated by a
33political party from being nominated by a nonparty political
34organization for the same office in the same election.
35The bill changes the number of signatures required to be
-30-1received for the nomination of candidates for partisan office
2to be the same as provided for in Code section 45.1. The bill
3sets the signature requirements for candidates for president
4and vice president, governor and lieutenant governor, and
5United States senator to 3,500 signatures, with at least 100
6signatures each from at least 19 counties; for other statewide
7offices to 2,500 signatures, with at least 77 signatures each
8from at least 18 counties; and for representative in the United
9States house of representatives to 1,726 signatures, with at
10least 47 signatures from at least half of the counties in the
11congressional district.
12The bill changes the required convention or caucus size for
13nominees from nonparty political organizations.
14The bill prohibits county commissioners of elections from
15exercising home rule powers with respect to the administration
16of elections.
17The bill requires the state registrar of voters to verify
18each record in the statewide voter registration file in
19the first quarter of each calendar year. The verification
20procedure shall include cross-referencing the records in
21the statewide voter registration file with similar records
22maintained by other states. If the state registrar identifies
23an invalid registration, the state registrar shall cancel that
24registration. The bill requires the state registrar to submit
25a report to the general assembly by April 30 of each year
26regarding the number of registrations canceled pursuant to the
27provisions of the bill. The state registrar shall also post
28the report on the state registrar’s internet site.
29The bill allows the state registrar to contract with a
30third-party vendor to develop or provide a program to allow
31the state registrar to verify the status of records in the
32statewide voter registration file and identify ineligible
33voters on an ongoing basis.
34The bill changes the earliest date before an election on
35which a registered voter may request an absentee ballot from
-31-1120 days before the election to 70 days before the election.
2The bill prohibits county commissioners of elections from
3sending an absentee ballot application to a voter. In the
4event of a public health disaster declared by the governor, the
5bill allows the general assembly to, by resolution, direct the
6state commissioner to send an absentee ballot application to
7each registered voter prior to a primary or general election
8held in an even-numbered year. If the general assembly is
9not is session, the bill allows the legislative council to so
10direct the state commissioner by a majority vote.
11The bill prohibits an absentee ballot application from being
12provided to a voter with any information other than the date
13and type of election prefilled. The bill requires a county
14commissioner who receives an application for an absentee ballot
15between 5:00 p.m.on the 11th day before an election and 5:00
16p.m.on the 7th day before an election to notify the registered
17voter within 24 hours that the application cannot be processed
18and provide options for the registered voter to participate in
19the election.
20The bill requires the state commissioner of elections to
21publish daily reports regarding absentee ballots during the
22duration of certain elections. The bill requires county
23commissioners of elections to provide any necessary information
24for such reports to the state commissioner of elections.
25The bill requires the state registrar of voters to use
26information from the electronic registration information center
27to update information in the statewide voter registration
28system. The bill enumerates certain reports that the state
29registrar of voters is required to use.
30The bill requires each county commissioner of registration
31to participate in the United States postal service national
32change of address program. The bill requires the county
33commissioner to send a notice to and mark as inactive a voter
34who has not participated in the most recent general election
35and who has not reported a change of address or registered
-32-1again. Current law requires that such voters be marked
2inactive after having not voted in two consecutive general
3elections. The bill repeals an alternative to participation in
4the national change of address program.
5The bill requires each commissioner of registration to
6annually submit to the state registrar of voters a report
7regarding voter registration maintenance activities. The state
8registrar of voters shall publish such reports on the internet
9site of the state registrar of voters.
10The bill requires the state registrar of voters to conduct
11an audit of the voter registration maintenance activities of
12each county commissioner of registration in April of each
13odd-numbered year. If the state registrar of voters discovers
14that a county commissioner of registration has failed to
15perform adequate maintenance activities, the state registrar of
16voters shall transmit the audit to the relevant county attorney
17and attorney general for investigation of election misconduct.
18The bill allows the state commissioner of elections to
19oversee the activities of a county commissioner of elections
20during a period beginning 60 days before an election and ending
2160 days after an election. The state commissioner may correct
22any activity not in accordance with law, including by the
23issuance of technical infractions.
24The bill requires that a person serving on a precinct
25election board for an election including partisan offices or
26for an election in which candidates’ names appear under the
27heading of political parties who changes party affiliation
28within 30 days before an election shall be immediately removed
29from the board and replaced with a substitute.
30The bill prohibits a voter from selecting as a person to
31assist the voter in casting a ballot at the polling place a
32person who is standing for election on the ballot.
33The bill changes the earliest date before an election on
34which a county commissioner of elections may mail an absentee
35ballot from 29 days before the election to 18 days before the
-33-1election. The bill strikes a provision altering the first
2day on which an absentee ballot may be mailed when the United
3States post office is closed and not delivering mail on that
4day.
5The bill prohibits the county commissioner of elections
6and state commissioner of elections from mailing an absentee
7ballot to a person who has not submitted an application for an
8absentee ballot.
9The bill repeals a provision allowing a county commissioner
10of elections to establish satellite absentee voting locations
11at the commissioner’s discretion. The bill does not alter
12a provision requiring a county commissioner of elections to
13establish satellite absentee voting locations upon receipt of
14a petition.
15The bill changes the earliest date on which a person can vote
16absentee in person at the county commissioner’s office from 29
17days before an election to 18 days before an election.
18The bill removes a postmark as a method by which the date on
19which an absentee ballot was mailed may be verified. The bill
20prohibits a postmark from being used for such purpose.
21The bill removes certain requirements that county
22commissioners of elections must meet before implementing or
23discontinuing the use of a postal service barcode for the
24purpose of tracking absentee ballots.
25The bill changes the process for a county commissioner to
26notify a voter that an absentee ballot affidavit is incomplete.
27The bill requires a county commissioner to notify a voter
28within 24 hours of receipt of an affidavit lacking a signature
29that the voter may vote a replacement ballot, cast a ballot
30at the polls, or complete the affidavit at the office of the
31county commissioner. If the county commissioner receives
32an absentee ballot after 5:00 p.m.on the Saturday before
33a general election or after 5:00 p.m.on the Friday before
34any other election, the county commissioner shall submit the
35affidavit to the special voters precinct board. If the board
-34-1finds that the affidavit is incomplete, the county commissioner
2shall notify the voter that the voter may complete the
3affidavit in person at the county commissioner’s office. The
4bill defines an incomplete affidavit as one lacking the voter’s
5signature.
6The bill adds the date the absentee ballot was received by
7the county commissioner, the date the absentee ballot outer
8envelope was opened, and how the ballot was delivered to
9the county commissioner to the information that the county
10commissioner must maintain regarding absentee ballots. The
11bill requires such information to be reported to the state
12commissioner of elections.
13The bill allows a person who becomes a patient, tenant, or
14resident of a hospital, assisted living program, or health
15care facility in the county where the voter is registered to
16vote after the deadline to make a written application for an
17absentee ballot to request an absentee ballot by phone or in
18person to election officers delivering or collecting such
19ballots.
20The bill requires the absentee and special voter precinct
21board to reconcile the number of signed affidavits provided
22by the county commissioner of elections with the number of
23ballots counted and tabulated by the board, as well as the
24number of provisional ballots provided to the board, the number
25rejected by the board, and the number counted and tabulated by
26the board. The board shall also record the number of ballots
27rejected prior to opening the affidavit envelope, the number
28of absentee ballots that have been challenged and remain
29unopened, and the number of absentee ballots that were accepted
30for counting and tabulation. Following each primary and
31general election, the bill requires the county commissioner to
32report to the state commissioner certain information regarding
33absentee ballots.
34The bill prohibits a person other than a registered voter,
35the registered voter’s immediate family member, an individual
-35-1in the voter’s household, an individual acting as a caretaker
2for the registered voter, or an election official assisting
3a confined person from collecting and returning a completed
4absentee ballot, including to a ballot drop box. A person who
5violates this provision of the bill commits election misconduct
6in the third degree and is guilty of a serious misdemeanor. A
7serious misdemeanor is punishable by confinement for no more
8than one year and a fine of at least $430 but not more than
9$2,560.
10The bill changes the period of appointment for a person
11appointed to fill a vacancy in an elected county office from
12until the next pending election to until the next general
13election. For petitions requesting a special election to fill
14the vacancy, the bill requires a petition to be circulated and
15filed within 14 days after the appointment. The bill requires
16signatures on such a petition to be dated on or after the
17date of the appointment. The bill repeals a prohibition on a
18special election to fill a vacancy in a county elected office
19being held on the same day as a school election within the
20county.
21The bill takes effect upon enactment. The provisions of the
22bill relating to nominations of candidates apply to candidates
23seeking election to an office on a ballot in or after 2022.
-36-ss/jh
2absentee ballots and voter list maintenance activities,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.2, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. g. Failure to perform duties. As an
4election official, fails to perform duties prescribed by
5chapters 39 through 53, except for section 48A.41, or fails to
6follow or implement guidance issued pursuant to section 47.1,
7or performs those duties and responsibilities in such a way as
8to hinder or disregard the object of the law.
9 Sec. 2. Section 39A.3, subsection 1, paragraph b, Code 2021,
10is amended by adding the following new subparagraph:
11 NEW SUBPARAGRAPH. (9) Fails to adequately perform voter
12list maintenance in violation of section 48A.41.
13 Sec. 3. Section 39A.4, subsection 1, paragraph b,
14subparagraph (1), Code 2021, is amended to read as follows:
15(1) Serving as a member of a challenging committee or
16observer under section 49.104, subsection 2, 5, or 6, 1,
17paragraph “b”, “e”, or “f”, while serving as a precinct election
18official at the polls.
19 Sec. 4. Section 39A.4, subsection 1, paragraph b,
20subparagraph (2), Code 2021, is amended by striking the
21subparagraph.
22 Sec. 5. Section 39A.4, subsection 1, paragraph b, Code 2021,
23is amended by adding the following new subparagraph:
24 NEW SUBPARAGRAPH. (14) Interferes with a person permitted
25at a polling place pursuant to section 49.104.
26 Sec. 6. Section 39A.4, subsection 1, paragraph c,
27subparagraphs (10) and (11), Code 2021, are amended to read as
28follows:
29(10) Returning a voted absentee ballot, by mail, to a ballot
30drop box, or in person, to the commissioner’s office and the
31person returning the ballot is not the voter, the voter’s
32designee, or a special precinct election official designated
33pursuant to section 53.22, subsection 2 a person prohibited
34to collect and deliver a completed ballot pursuant to section
3553.33.
-1- 1(11) Making a false or untrue statement reporting that
2a voted absentee ballot was returned to the commissioner’s
3office, by mail or in person, or to a ballot drop box, by
4a person other than the voter, the voter’s designee, or a
5special precinct election official designated pursuant to
6section 53.22, subsection 2 prohibited to collect and deliver a
7completed ballot pursuant to section 53.33.
8 Sec. 7. Section 39A.6, subsection 3, Code 2021, is amended
9to read as follows:
103. a. This notice is not a final determination of facts
11or law in the matter, and does not entitle a person to a
12proceeding under chapter 17A. Upon issuance of a technical
13infraction to a county commissioner, the state commissioner
14shall also impose a fine not to exceed ten thousand dollars to
15be deposited in the general fund.
16b. A county commissioner shall pay a fine issued pursuant to
17this section or file an appeal pursuant to chapter 17A within
18sixty days. A county commissioner who fails to pay a fine that
19was not dismissed pursuant to chapter 17A shall be suspended
20from office for a period not to exceed two years pursuant to
21sections 66.7 and 66.8.
22c. If a county commissioner is suspended pursuant to
23paragraph “b”, the state commissioner shall direct the deputy of
24the county commissioner to oversee the functions of the office
25until the suspension is revoked or the office is vacated and a
26successor is elected. The state commissioner may direct the
27state commissioner’s staff to assist in the performance of the
28duties of the county commissioner.
29 Sec. 8. Section 39A.6, Code 2021, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 4. Upon issuing a technical infraction,
32the state commissioner shall immediately inform the attorney
33general and relevant county attorney if the apparent violation
34constitutes or may constitute election misconduct under this
35chapter.
-2-1 Sec. 9. NEW SECTION. 39A.7 Election misconduct —
2investigation.
31. The attorney general or county attorney shall
4investigate allegations of election misconduct reported to the
5attorney general or county attorney. Election misconduct by an
6election official shall also be investigated for prosecution
7under chapter 721.
82. Upon the completion of an investigation required by this
9section, the attorney general or county attorney shall submit
10the results of the investigation to the state commissioner and
11explain whether the attorney general or county attorney will
12pursue charges.
13 Sec. 10. Section 43.20, subsection 1, Code 2021, is amended
14by striking the subsection and inserting in lieu thereof the
15following:
161. Nomination papers shall be signed by eligible electors as
17provided in section 45.1.
18 Sec. 11. Section 43.20, subsection 2, Code 2021, is amended
19by striking the subsection.
20 Sec. 12. Section 44.1, Code 2021, is amended to read as
21follows:
2244.1 Political nonparty Nonparty political organizations.
231. Any convention or caucus of eligible electors
24representing a political organization which is not a political
25party as defined by law, may, for the state, or for any
26division or municipality thereof, or for any county, or for
27any subdivision thereof, for which such convention or caucus
28is held, make one nomination of a candidate for each office to
29be filled therein at the general election. However, in order
30to qualify for any nomination made for a statewide elective
31office by such a political organization there shall be in
32attendance at the convention or caucus where the nomination
33is made a minimum of two hundred fifty five hundred eligible
34electors including at least one eligible elector from each of
35twenty-five counties. In order to qualify for any nomination
-3-1to the office of United States representative there shall be
2in attendance at the convention or caucus where the nomination
3is made a minimum of fifty two hundred eligible electors who
4are residents of the congressional district including at least
5one eligible elector from each of at least one-half of the
6counties of the congressional district. In order to qualify
7for any nomination to an office to be filled by the voters
8of a county or of a city there shall be in attendance at the
9convention or caucus where the nomination is made a minimum of
10ten twenty eligible electors who are residents of the county
11or city, as the case may be, including at least one eligible
12elector from at least one-half of the voting precincts in that
13county or city. In order to qualify for any nomination made
14for the general assembly there shall be in attendance at the
15convention or caucus where the nomination is made a minimum
16of ten twenty-five eligible electors who are residents of the
17representative district or twenty fifty eligible electors who
18are residents of the senatorial district, as the case may be,
19with at least one eligible elector from one-half of the voting
20precincts in the district in each case. The names of all
21delegates in attendance at such convention or caucus and such
22fact shall be certified to the state commissioner together with
23the other certification requirements of this chapter.
242. A candidate who has been nominated under a political
25party under chapter 43 shall not be eligible for nomination
26under this chapter for the same office in the same election
27year.
28 Sec. 13. Section 45.1, Code 2021, is amended to read as
29follows:
3045.1 Nominations by petition.
311. Nominations for candidates for president and vice
32president, governor and lieutenant governor, and for other
33statewide elected offices United States senator may be made
34by nomination petitions signed by not less than one thousand
35five hundred eligible electors residing in not less than ten
-4-1counties of the state three thousand five hundred eligible
2electors, including at least one hundred eligible electors each
3from at least nineteen counties of the state.
41A. Nominations for candidates for statewide offices other
5than those listed in subsection 1 may be made by nomination
6petitions signed by not less than two thousand five hundred
7eligible electors, including at least seventy-seven eligible
8electors from not less than eighteen counties of the state.
92. Nominations for candidates for a representative in
10the United States house of representatives may be made by
11nomination petitions signed by not less than the number of
12eligible electors equal to the number of signatures required in
13subsection 1 divided by the number of congressional districts.
14Signers of the petition shall be eligible electors who are
15residents of the congressional district one thousand seven
16hundred twenty-six eligible electors who are residents of the
17congressional district, including at least forty-seven eligible
18electors each from at least one-half of the counties in the
19congressional district.
203. Nominations for candidates for the state senate may
21be made by nomination petitions signed by not less than one
22hundred eligible electors who are residents of the senate
23district.
244. Nominations for candidates for the state house of
25representatives may be made by nomination petitions signed by
26not less than fifty eligible electors who are residents of the
27representative district.
285. Nominations for candidates for offices filled by the
29voters of a whole county may be made by nomination petitions
30signed by not less than one hundred fifty eligible electors who
31are residents of the county equal in number to at least one
32percent of the number of registered voters in the county on
33July 1 in the year preceding the year in which the office will
34appear on the ballot, or by at least two hundred fifty eligible
35electors who are residents of the county, whichever is less.
-5- 16. Nominations for candidates for the office of county
2supervisor elected by the voters of a supervisor district
3may be made by nomination petitions signed by not less than
4one hundred fifty eligible electors who are residents of the
5supervisor district equal in number to at least one percent
6of the number of registered voters in the supervisor district
7on July 1 in the year preceding the year in which the office
8will appear on the ballot, or by at least one hundred fifty
9eligible electors who are residents of the supervisor district,
10whichever is less.
117. a. Nomination papers for the offices of president and
12vice president shall include the names of the candidates for
13both offices on each page of the petition. A certificate
14listing the names of the candidates for presidential electors,
15one from each congressional district and two from the state at
16large, shall be filed in the state commissioner’s office at the
17same time the nomination papers are filed.
18b. Nomination papers for the offices of governor and
19lieutenant governor shall include the names of candidates for
20both offices on each page of the petition. Nomination papers
21for other statewide elected offices and all other offices shall
22include the name of the candidate on each page of the petition.
238. Nominations for candidates for elective offices in
24cities where the council has adopted nominations under this
25chapter may be submitted as follows:
26a. Except as otherwise provided in subsection 9, in cities
27having a population of three thousand five hundred twenty
28thousand or greater according to the most recent federal
29decennial census, nominations may be made by nomination papers
30signed by not less than twenty-five one hundred eligible
31electors who are residents of the city or ward.
32b. In cities having a population of one hundred five
33thousand or greater, but less than three thousand five hundred
34 twenty thousand, according to the most recent federal decennial
35census, nominations may be made by nomination papers signed by
-6-1not less than ten fifty eligible electors who are residents of
2the city or ward.
3c. In cities having a population of less than one hundred
4 one thousand or greater, but less than five thousand, according
5to the most recent federal decennial census, nominations may
6be made by nomination papers signed by not less than five
7 twenty-five eligible electors who are residents of the city.
8d. In cities having a population of less than one thousand
9according to the most recent decennial census, nominations
10may be made by nomination papers signed by not less than ten
11eligible electors who are residents of the city.
129. Nominations for candidates, other than partisan
13candidates, for elective offices in special charter cities
14subject to section 43.112 may be submitted as follows:
15a. For the office of mayor, and alderman at large,
16nominations and ward alderman in special charter cities subject
17to the provisions of section 43.112 may be made by nomination
18papers signed by not less than one hundred eligible electors
19residing in the city equal in number to at least two percent of
20the total vote received by all candidates for mayor at the last
21preceding city election.
22b. For the office of ward alderman, nominations may be made
23by nomination papers signed by eligible electors residing in
24the ward equal in number to at least two percent of the total
25vote received by all candidates for ward alderman in that ward
26at the last preceding city election.
27 Sec. 14. Section 47.1, subsection 1, Code 2021, is amended
28to read as follows:
291. The secretary of state is designated as the state
30commissioner of elections and shall supervise the activities of
31the county commissioners of elections. There is established
32within the office of the secretary of state a division of
33elections which shall be under the direction of the state
34commissioner of elections. The state commissioner of
35elections may appoint a person to be in charge of the division
-7-1of elections who shall perform the duties assigned by the
2state commissioner of elections. The state commissioner of
3elections shall prescribe uniform election practices and
4procedures, shall prescribe the necessary forms required
5for the conduct of elections, shall assign a number to each
6proposed constitutional amendment and statewide public measure
7for identification purposes, and shall adopt rules, pursuant to
8chapter 17A, to carry out this section. The state commissioner
9of elections may issue guidance that is not subject to the
10rulemaking process to clarify election laws and rules.
11 Sec. 15. Section 47.2, subsection 1, Code 2021, is amended
12to read as follows:
131. The county auditor of each county is designated as the
14county commissioner of elections in each county. The county
15commissioner of elections shall conduct voter registration
16pursuant to chapter 48A and conduct all elections within the
17county. The county commissioner of elections does not possess
18home rule powers with respect to the exercise of powers or
19duties related to the conduct of elections prescribed by
20statute or rule, or guidance issued pursuant to section 47.1.
21 Sec. 16. Section 47.7, subsection 2, Code 2021, is amended
22by adding the following new paragraph:
23 NEW PARAGRAPH. f. (1) The state registrar shall, in the
24first quarter of each calendar year, conduct a verification
25of all voters in the statewide voter registration file, which
26shall include cross-referencing the records in the statewide
27voter registration file with similar records maintained by
28other states. The state registrar of voters shall cancel the
29registration of a voter found to be ineligible pursuant to
30section 48A.30. The state registrar shall submit a report
31to the general assembly by April 30 of each year regarding
32the number of voter registrations canceled pursuant to this
33paragraph. The state registrar shall also publish this report
34on the internet site of the state registrar.
35(2) The state registrar may contract with a third-party
-8-1vendor to develop or provide a program to allow the state
2registrar to verify the status of records in the statewide
3voter registration file and identify ineligible voters on an
4ongoing basis.
5 Sec. 17. Section 47.7, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 3. The state registrar of voters shall use
8information from the electronic registration information center
9to update information in the statewide voter registration
10system, including but not limited to the following reports:
11a. In-state duplicates.
12b. In-state updates.
13c. Cross-state matches.
14d. Deceased.
15e. Eligible but unregistered.
16f. National change of address.
17 Sec. 18. Section 48A.28, subsections 1 and 2, Code 2021, are
18amended to read as follows:
191. Each commissioner shall conduct a systematic program
20that makes a reasonable effort to remove from the official list
21of registered voters the names of registered voters who have
22changed residence from their registration addresses. Either or
23both of the methods described in this section may be used.
242. a. A commissioner may shall participate in the United
25States postal service national change of address program, as
26provided in section 48A.27. The state voter registration
27commission shall adopt rules establishing specific requirements
28for participation and use of the national change of address
29program.
30b. A commissioner participating in the national change of
31address program, in the first quarter of each calendar year,
32shall send a notice and preaddressed, postage paid return card
33by forwardable mail to each registered voter whose name was
34not reported by the national change of address program and who
35has not voted in two or more consecutive general elections the
-9-1most recent general election and has not registered again, or
2who has not reported a change to an existing registration, or
3who has not responded to a notice from the commissioner or
4registrar during the period between and following the previous
5two general elections. Registered voters receiving such
6notice shall be marked inactive. The form and language of the
7notice and return card shall be specified by the state voter
8registration commission by rule. A registered voter shall not
9be sent a notice and return card under this subsection more
10frequently than once in a four-year period.
11 Sec. 19. Section 48A.28, subsection 3, Code 2021, is amended
12by striking the subsection.
13 Sec. 20. Section 48A.30, subsection 1, paragraph g, Code
142021, is amended to read as follows:
15g. The registered voter’s registration record has been
16inactive pursuant to section 48A.28 or 48A.29 for two
17successive general elections.
18 Sec. 21. Section 48A.37, subsection 2, Code 2021, is amended
19to read as follows:
202. Electronic records shall include a status code
21designating whether the records are active, inactive,
22incomplete, pending, or canceled. Inactive records are records
23of registered voters to whom notices have been sent pursuant
24to section 48A.28, subsection 3, and who have not returned
25the card or otherwise responded to the notice, and those
26records have been designated inactive pursuant to section
2748A.29. Inactive records are also records of registered
28voters to whom notices have been sent pursuant to section
2948A.26A and who have not responded to the notice. Incomplete
30records are records missing required information pursuant to
31section 48A.11, subsection 8. Pending records are records of
32applicants whose applications have not been verified pursuant
33to section 48A.25A. Canceled records are records that have
34been canceled pursuant to section 48A.30. All other records
35are active records. An inactive record shall be made active
-10-1when the registered voter requests an absentee ballot, votes
2at an election, registers again, or reports a change of name,
3address, telephone number, or political party or organization
4affiliation. An incomplete record shall be made active when
5a completed application is received from the applicant and
6verified pursuant to section 48A.25A. A pending record shall
7be made active upon verification or upon the voter providing
8identification pursuant to section 48A.8.
9 Sec. 22. NEW SECTION. 48A.40 Voter list maintenance
10reports.
111. The commissioner of registration shall annually
12submit to the state registrar of voters a report regarding
13the number of voter registration records marked inactive or
14canceled pursuant to sections 48A.28 through 48A.30. The state
15registrar of voters shall publish such reports on the internet
16site of the state registrar of voters.
172. The state registrar of voters shall determine by rule the
18form and submission deadline of reports submitted pursuant to
19subsection 1.
20 Sec. 23. NEW SECTION. 48A.41 Voter registration maintenance
21audits — investigations.
221. The state registrar of voters shall conduct an audit
23of voter registration maintenance by each commissioner of
24registration in April of each odd-numbered year, on a schedule
25determined by the commissioner.
262. If in the course of an audit under this section the
27state registrar of voters finds that a commissioner of
28registration has failed to adequately perform required voter
29list maintenance, the state registrar of voters shall submit
30the audit to the relevant county attorney and attorney general
31within twenty-four hours for investigation of a violation of
32section 39A.3, subsection 1, paragraph “b”, subparagraph (9),
33or other provision of law.
34 Sec. 24. NEW SECTION. 49.2 Oversight by the state
35commissioner.
-11- 1The state commissioner, or a designee of the state
2commissioner, may, at the discretion of the state commissioner,
3oversee the activities of a county commissioner of elections
4during a period beginning sixty days before an election and
5ending sixty days after an election. For the purposes of this
6section, “oversee” means to observe election-related activity,
7correct any activity not in accordance with law, and issue a
8written notice and instructions pursuant to section 39A.6 for
9any technical infractions that are observed.
10 Sec. 25. Section 49.13, Code 2021, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 7. A person serving on a precinct election
13board pursuant to subsection 2 or 3 who changes the political
14party of which the person is a member within thirty days before
15an election shall be immediately removed from the board and a
16substitute shall be appointed pursuant to section 49.14.
17 Sec. 26. Section 49.77, subsection 2, Code 2021, is amended
18to read as follows:
192. If the declaration of eligibility is not printed on
20each page of the election register, any of those persons
21present pursuant to section 49.104, subsection 2, 3, 5, or 6,
22 1, paragraph “b”, “c”, “e”, or “f”, may upon request view the
23signed declarations of eligibility and may review the signed
24declarations on file so long as the person does not interfere
25with the functions of the precinct election officials. If the
26declaration of eligibility is printed on the election register,
27voters shall also sign a voter roster which the precinct
28election official shall make available for viewing. Any of
29those persons present pursuant to section 49.104, subsection 2,
303, 5, or 6, 1, paragraph “b”, “c”, “e”, or “f”, may upon request
31view the roster of those voters who have signed declarations of
32eligibility, so long as the person does not interfere with the
33functions of the precinct election officials.
34 Sec. 27. Section 49.90, Code 2021, is amended to read as
35follows:
-12- 149.90 Assisting voter.
2Any voter who may declare upon oath that the voter is blind,
3cannot read the English language, or is, by reason of any
4physical disability other than intoxication, unable to cast a
5vote without assistance, shall, upon request, be assisted by
6the two officers as provided in section 49.89, or alternatively
7by any other person the voter may select in casting the vote,
8except that the voter shall not select a person standing for
9election on the ballot. The officers, or the person selected
10by the voter, shall cast the vote of the voter requiring
11assistance, and shall thereafter give no information regarding
12the vote cast. If any elector because of a disability cannot
13enter the building where the polling place for the elector’s
14precinct of residence is located, the two officers shall take
15a paper ballot to the vehicle occupied by the elector with
16a disability and allow the elector to cast the ballot in
17the vehicle. Ballots cast by voters with disabilities shall
18be deposited in the regular ballot box, or inserted in the
19tabulating device, and counted in the usual manner.
20 Sec. 28. Section 49.104, Code 2021, is amended to read as
21follows:
2249.104 Persons permitted at polling places.
231. The following persons shall be permitted to be present at
24and in the immediate vicinity of the polling places, provided
25they do not solicit votes:
261. a. Any person who is by law authorized to perform or
27is charged with the performance of official duties at the
28election.
292. b. Any number of persons, not exceeding three at a time
30from each political party having candidates to be voted for
31at such election, to act as challenging committees, who are
32appointed and accredited by the executive or central committee
33of such political party or organization.
343. c. Any number of persons not exceeding three at a time
35from each of such political parties, appointed and accredited
-13-1in the same manner as prescribed in subsection 2 paragraph
2“b” for challenging committees, and any number of persons
3not exceeding three at a time appointed as observers under
4subsection 5 paragraph “e”, to witness the counting of ballots.
54. d. Any peace officer assigned or called upon to keep
6order or maintain compliance with the provisions of this
7chapter, upon request of the commissioner or of the chairperson
8of the precinct election board.
95. e. One observer at a time representing any nonparty
10political organization, any candidate nominated by petition
11pursuant to chapter 45, or any other nonpartisan candidate
12in a city or school election, appearing on the ballot of the
13election in progress. Candidates who send observers to the
14polls shall provide each observer with a letter of appointment
15in the form prescribed by the state commissioner.
166. f. Any persons expressing an interest in a ballot issue
17to be voted upon at an election except a general or primary
18election. Any such person shall file a notice of intent to
19serve as an observer with the commissioner before election
20day. If more than three persons file a notice of intent to
21serve at the same time with respect to ballot issues at an
22election, the commissioner shall appoint from those submitting
23a notice of intent the three persons who may serve at that time
24as observers, and shall provide a schedule to all persons who
25filed notices of intent. The appointees, whenever possible,
26shall include both opponents and proponents of the ballot
27issues.
287. g. Any person authorized by the commissioner, in
29consultation with the secretary of state, for the purposes of
30conducting and attending educational voting programs.
318. h. Reporters, photographers, and other staff
32representing the news media. However, representatives of the
33news media, while present at or in the immediate vicinity of
34the polling places, shall not interfere with the election
35process in any way.
-14- 12. A precinct election official or county commissioner
2shall not obstruct or interfere with a person fulfilling that
3person’s role or performing that person’s duty under subsection
41. A person who violates this subsection is guilty of election
5misconduct in the third degree.
6 Sec. 29. NEW SECTION. 50.52 Enforcement.
7Members of local law enforcement agencies and the state
8patrol are authorized to take all reasonable actions to prevent
9violations of this chapter.
10 Sec. 30. Section 53.2, subsection 1, Code 2021, is amended
11to read as follows:
121. a. Any registered voter, under the circumstances
13specified in section 53.1, may on any day, except election day,
14and not more than one hundred twenty seventy days prior to the
15date of the election, apply in person for an absentee ballot
16at the commissioner’s office or at any location designated by
17the commissioner. However, for those elections in which the
18commissioner directs the polls be opened at noon pursuant to
19section 49.73, a voter may apply in person for an absentee
20ballot at the commissioner’s office from 8:00 a.m.until 11:00
21a.m.on election day.
22b. A registered voter may make written application to the
23commissioner for an absentee ballot. A written application
24for an absentee ballot must be received by the commissioner no
25later than 5:00 p.m.on the same day as the voter registration
26deadline provided in section 48A.9 for the election for which
27the ballot is requested, except when the absentee ballot is
28requested and voted at the commissioner’s office pursuant to
29section 53.10. A written application for an absentee ballot
30delivered to the commissioner and received by the commissioner
31more than one hundred twenty seventy days prior to the date of
32the election shall be returned to the voter with a notification
33of the date when the applications will be accepted.
34c. The commissioner shall not send an absentee ballot
35application to a voter.
-15- 1d. In the event of a public health disaster declared by the
2governor pursuant to section 29C.6, the general assembly may by
3resolution direct the state commissioner to send an absentee
4ballot application to each registered voter prior to a primary
5or general election held in an even-numbered year. If the
6general assembly is not in session, the legislative council may
7so direct the state commissioner by a majority vote.
8 Sec. 31. Section 53.2, subsection 2, Code 2021, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. d. No absentee ballot application shall be
11provided to a registered voter with any field prefilled, except
12that the absentee ballot application may have the fields for
13the type and date of the election prefilled.
14 Sec. 32. Section 53.2, Code 2021, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 11. If an application for an absentee
17ballot is received between 5:00 p.m.on the eleventh day
18before an election and 5:00 p.m.on the seventh day before
19an election, the commissioner shall notify the registered
20voter within twenty-four hours that the absentee ballot
21request cannot be processed and notify the registered voter
22of ways the registered voter may participate in the election.
23A notification sent pursuant to this subsection shall be
24transmitted in the same manner as a notification transmitted
25pursuant to subsection 4, paragraph “b”.
26 Sec. 33. NEW SECTION. 53.4 Absentee ballots — reports.
271. Beginning on the first day that absentee ballots are
28mailed in each primary and general election and each special
29election pursuant to section 69.14, and through election
30day, the state commissioner shall publish a report regarding
31absentee ballots on a daily basis. The report shall include,
32at a minimum, all of the following information:
33a. The number of absentee ballot request forms received by
34a county commissioner.
35b. The number of absentee ballots sent by a county
-16-1commissioner.
2c. The total number of absentee ballots received by a county
3commissioner, and the total delivered by each of the following
4methods:
5(1) Mail.
6(2) Delivery to a drop box.
7(3) Delivery by hand.
8(4) Voted in person at a satellite location.
92. Each county commissioner shall provide all information
10necessary under this section to the state commissioner in a
11manner prescribed by the state commissioner.
12 Sec. 34. Section 53.8, subsection 1, paragraph a,
13unnumbered paragraph 1, Code 2021, is amended to read as
14follows:
15Upon receipt of an application for an absentee ballot and
16immediately after the absentee ballots are printed, but not
17more than twenty-nine eighteen days before the election, the
18commissioner shall mail an absentee ballot to the applicant
19within twenty-four hours, except as otherwise provided in
20subsection 3. When the United States post office is closed
21in observance of a federal holiday and is not delivering mail
22on the twenty-ninth day before the election, the first day to
23mail absentee ballots is the next business day on which mail
24delivery is available. The absentee ballot shall be sent to
25the registered voter by one of the following methods:
26 Sec. 35. Section 53.8, subsection 2, paragraph a, Code 2021,
27is amended to read as follows:
28a. The commissioner shall enclose with the absentee ballot
29a statement informing the applicant that the sealed return
30envelope may be mailed to the commissioner by the registered
31voter or the voter’s designee, may be returned to a drop box
32established by the commissioner pursuant to section 53.17,
33subsection 1, by the registered voter or the voter’s designee,
34only if the commissioner has established such a drop box, or
35may be personally delivered to the commissioner’s office by
-17-1the registered voter or the voter’s designee. The statement
2shall also inform the voter that the voter may request that the
3voter’s designee complete a receipt when retrieving the ballot
4from the voter. A blank receipt shall be enclosed with the
5absentee ballot.
6 Sec. 36. Section 53.8, Code 2021, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 4. The commissioner and the state
9commissioner shall not mail an absentee ballot to a person who
10has not submitted an application for an absentee ballot.
11 Sec. 37. Section 53.10, subsection 1, Code 2021, is amended
12to read as follows:
131. Not more than twenty-nine eighteen days before the
14date of the primary election or the general election, the
15commissioner shall provide facilities for absentee voting in
16person at the commissioner’s office. This service shall also
17be provided for other elections as soon as the ballots are
18ready, but in no case shall absentee ballots be available under
19this section more than twenty-nine eighteen days before an
20election.
21 Sec. 38. Section 53.11, subsection 1, paragraph a, Code
222021, is amended to read as follows:
23a. Not more than twenty-nine eighteen days before the date
24of an election, satellite absentee voting stations may be
25established throughout the cities and county at the direction
26of the commissioner and shall be established upon receipt
27of a petition signed by not less than one hundred eligible
28electors requesting that a satellite absentee voting station
29be established at a location to be described on the petition.
30However, if a special election is scheduled in the county on a
31date that falls between the date of the regular city election
32and the date of the city runoff election, the commissioner is
33not required to establish a satellite absentee voting station
34for the city runoff election.
35 Sec. 39. Section 53.17, subsection 1, paragraph b, Code
-18-12021, is amended to read as follows:
2b. The sealed return envelope may be mailed to the
3commissioner by the registered voter or by the voter’s
4designee. If mailed by the voter’s designee, the envelope
5must be mailed within seventy-two hours of retrieving it from
6the voter or within time to be postmarked or, if applicable,
7 to have the postal service barcode traced to a date of entry
8into the federal mail system not later than the day before the
9election, as provided in section 53.17A, whichever is earlier.
10 Sec. 40. Section 53.17, subsection 1, Code 2021, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. c. The sealed return envelope may be
13delivered by a person not prohibited to collect and deliver a
14completed ballot pursuant to section 53.33 to a ballot drop
15box established by the commissioner no later than the time the
16polls are closed on election day. However, if delivered by
17the voter’s designee, the envelope shall be delivered within
18seventy-two hours of retrieving it from the voter or before the
19closing of the polls on election day, whichever is earlier. A
20commissioner is not required to establish a ballot drop box. A
21ballot drop box must meet all of the following requirements:
22(1) A commissioner shall not establish more than one
23ballot drop box, which shall be located at the office of
24the commissioner, or on property owned and maintained by the
25county that directly surrounds the building where the office
26is located. For the purposes of this subparagraph, “office of
27the commissioner” means a location where a voter may receive
28services pursuant to section 48A.17, 50.20, 53.10, or 53.18.
29(2) The ballot drop box shall not be used for any purpose
30other than the collection of absentee ballots.
31(3) The commissioner shall implement all reasonable
32and necessary measures to ensure that the ballot drop box
33is accessible and secure. Security measures may include
34placing the ballot drop box in a place regularly viewed by the
35commissioner or the commissioner’s staff.
-19- 1(4) A video surveillance system shall be used to monitor all
2activity at the ballot drop box at all times while the ballot
3drop box is in place. The system shall create a recording,
4which shall be reviewed by the state commissioner, county
5attorney, and law enforcement in the event that misconduct
6occurs.
7(5) A ballot drop box shall be available no sooner than the
8time that absentee ballots are allowed to be mailed pursuant
9to section 53.8. The ballot drop box shall be removed or
10restricted from accepting deliveries immediately upon the
11closure of polls on election day.
12(6) While available, a ballot drop box shall be securely
13fastened to a stationary surface or an immovable object.
14(7) The ballot drop box shall be secured by a lock and shall
15include a tamper-evident seal. Only the commissioner or an
16employee of the commissioner shall have access to the means to
17unfasten the lock.
18(8) Materials delivered to the ballot drop box shall be
19retrieved in an expeditious manner, but no less often than four
20times per day.
21(9) The commissioner shall maintain a log of each time
22materials are retrieved from the ballot drop box, including the
23date and time materials were retrieved, and the name of the
24person who retrieved the materials. The commissioner or the
25commissioner’s employee shall record on the ballot, near the
26portion of the envelope including the affidavit signed by the
27voter, that the materials were retrieved from a drop box, the
28date and time of the retrieval, and the initials of the person
29who retrieved the materials.
30(10) A ballot retrieved from a ballot drop box shall be
31processed in the same manner as a ballot returned pursuant to
32paragraph “a”.
33 Sec. 41. Section 53.17, subsection 2, Code 2021, is amended
34to read as follows:
352. In order for the ballot to be counted, the return
-20-1envelope must be received in the commissioner’s office before
2the polls close on election day or be clearly postmarked by an
3officially authorized postal service or bear a postal service
4barcode traceable to a date of entry into the federal mail
5system not later than the day before the election, as provided
6in section 53.17A, and received by the commissioner not later
7than noon on the Monday following the election.
8 Sec. 42. Section 53.17, subsection 4, paragraph f, Code
92021, is amended to read as follows:
10f. A statement that the completed absentee ballot will
11be delivered to the commissioner’s office within seventy-two
12hours of retrieving it from the voter or before the closing of
13the polls on election day, whichever is earlier, or that the
14completed absentee ballot will be mailed to the commissioner
15within seventy-two hours of retrieving it from the voter or
16within time to be postmarked or, if applicable, to have the
17postal service barcode traced to a date of entry into the
18federal mail system not later than the day before the election,
19as provided in section 53.17A, whichever is earlier.
20 Sec. 43. Section 53.17, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 5. For the purposes of this section,
23“voter’s designee” means a person not prohibited to collect and
24deliver a completed ballot pursuant to section 53.33.
25 Sec. 44. Section 53.17A, subsection 2, paragraphs a and b,
26Code 2021, are amended by striking the paragraphs.
27 Sec. 45. Section 53.17A, subsection 3, paragraph b, Code
282021, is amended to read as follows:
29b. (1) If the postmark indicates that the absentee ballot
30entered the federal mail system by the deadline specified
31in section 53.17 or 53.22, the ballot shall be included for
32canvass by the absentee and special voters precinct board.
33(2) If the postmark is illegible, missing, or dated on
34or after election day, the The commissioner shall attempt
35to verify the ballot’s date of entry into the federal mail
-21-1system by querying the postal service barcode in the tracking
2information database. If the tracking information database
3indicates that the absentee ballot entered the federal mail
4system by the deadline specified in section 53.17 or 53.22,
5the ballot shall be included for canvass by the absentee and
6special voters precinct board. A postmark shall not be used
7to verify the date the absentee ballot entered the federal
8mail system. The commissioner shall provide a report to the
9absentee and special voters precinct board regarding the
10information available in the tracking information database.
11(3) If there is a discrepancy between the date indicated by
12the postmark and the postal service barcode, the earlier of the
13two shall determine the date of entry of the absentee ballot
14into the federal mail system.
15(4) (2) (a) If neither the postmark nor the postal service
16barcode indicates does not indicate that the absentee ballot
17entered the federal mail system by the deadline specified in
18section 53.17 or 53.22, the absentee ballot shall be sent to
19the absentee and special voters precinct board pursuant to
20subparagraph division (b) with the numeric value assigned to
21the postal service barcode and a full report from the tracking
22information database.
23(b) Up to five absentee and special voters precinct board
24members from each political party for partisan elections,
25or any two members of the board for nonpartisan elections,
26shall review the postal service barcode and tracking database
27information report of each absentee ballot submitted pursuant
28to subparagraph division (a) and certify that the tracking
29information database report corresponds to the absentee ballot
30by initialing the report and the absentee ballot envelope.
31If the board concludes that the postal service barcode and
32tracking information database report verify that the absentee
33ballot entered the federal mail system by the deadline
34specified in section 53.17 or 53.22, the ballot shall be
35counted. Otherwise, the ballot shall not be counted.
-22-1 Sec. 46. Section 53.18, subsection 2, Code 2021, is amended
2to read as follows:
32. a. If the commissioner receives the return envelope
4containing the completed absentee ballot by 5:00 p.m.on the
5Saturday before the election for general elections and by 5:00
6p.m.on the Friday before the election for all other elections,
7the commissioner shall review the affidavit marked on the
8return envelope, if applicable, for completeness or shall open
9the return envelope to review the affidavit for completeness.
10If the affidavit is incomplete, the commissioner shall, within
11twenty-four hours of the time the envelope was received, notify
12the voter of that fact and that the voter may complete the
13affidavit in person at the office of the commissioner by 5:00
14p.m.on the day before the election, vote a replacement ballot
15in the manner and within the time period provided in subsection
163, or appear at the voter’s precinct polling place on election
17day and cast a ballot in accordance with section 53.19,
18subsection 3. If the affidavit lacks the signature of the
19registered voter, the commissioner shall, within twenty-four
20hours of the receipt of the envelope, notify the voter of the
21deficiency and inform the voter that the voter may vote a
22replacement ballot as provided in subsection 3, cast a ballot
23as provided in section 53.19, subsection 3, or complete the
24affidavit in person at the office of the commissioner not later
25than the time polls close on election day.
26b. If the commissioner receives the return envelope
27containing the completed absentee ballot after the deadline
28in paragraph “a”, the commissioner shall submit the affidavit
29to the absentee and special voters precinct board for review.
30If the absentee and special voters precinct determines that
31the affidavit is incomplete, the commissioner shall, within
32twenty-four hours of the determination, notify the voter. If
33the affidavit lacks the signature of the registered voter, the
34commissioner shall notify the voter that the voter may complete
35the affidavit in person at the office of the commissioner
-23-1not later than noon on the Monday following the election, or
2if the law authorizing the election specifies that the votes
3be canvassed earlier than the Monday following the election,
4before the canvass of the election.
5 Sec. 47. Section 53.18, Code 2021, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 04. For the purposes of this section, a
8return envelope marked with the affidavit shall be considered
9incomplete if the affidavit lacks the registered voter’s
10signature. A signature or marking made in accordance with
11section 39.3, subsection 17, shall not cause an affidavit to be
12considered incomplete.
13 Sec. 48. Section 53.19, subsection 1, Code 2021, is amended
14to read as follows:
151. The commissioner shall maintain a list of the absentee
16ballots provided to registered voters, the serial number
17appearing on the unsealed envelope, the date the application
18for the absentee ballot was received, and the date the absentee
19ballot was sent to the registered voter requesting the absentee
20ballot, the date the absentee ballot was received by the
21commissioner, the date the absentee ballot outer envelope
22was opened, and whether the ballot was delivered by mail,
23in person, or cast in person at a satellite location. The
24information under this subsection shall be reported separately
25at the same time as the information reported under section
2653.30, subsection 3.
27 Sec. 49. Section 53.22, subsection 3, Code 2021, is amended
28to read as follows:
293. Any registered voter who becomes a patient, tenant, or
30resident of a hospital, assisted living program, or health care
31facility in the county where the voter is registered to vote
32within three days prior to the date of any election after the
33deadline to make a written application for an absentee ballot
34as provided in section 53.2 or on election day may request an
35absentee ballot during that period or on election day. As an
-24-1alternative to the application procedure prescribed by section
253.2, the registered voter may make the request directly to
3the officers who are delivering and returning absentee ballots
4under this section. Alternatively, the request may be made by
5telephone to the office of the commissioner not later than four
6hours before the close of the polls. If the requester is found
7to be a registered voter of that county, these officers shall
8deliver the appropriate absentee ballot to the registered voter
9in the manner prescribed by this section.
10 Sec. 50. Section 53.22, subsection 6, Code 2021, is amended
11to read as follows:
126. a. If the registered voter becomes a patient, tenant, or
13resident of a hospital, assisted living program, or health care
14facility outside the county where the voter is registered to
15vote within three days before the date of any election after
16the deadline to make a written application for an absentee
17ballot as provided in section 53.2 or on election day, the
18voter may designate a person to deliver and return the absentee
19ballot. The designee may be any person the voter chooses
20except that no candidate for any office to be voted upon for
21the election for which the ballot is requested may deliver a
22ballot under this subsection shall be a person not prohibited
23to collect and deliver a completed ballot pursuant to section
2453.33. The request for an absentee ballot may be made by
25telephone to the office of the commissioner not later than four
26hours before the close of the polls. If the requester is found
27to be a registered voter of that county, the ballot shall be
28delivered by mail or by the person designated by the voter. An
29application form shall be included with the absentee ballot and
30shall be signed by the voter and returned with the ballot.
31b. Absentee ballots voted under this subsection shall be
32delivered to the commissioner no later than the time the polls
33are closed on election day. If the ballot is returned by mail
34the return envelope must be received by the time the polls
35close, or be clearly postmarked by an officially authorized
-25-1postal service or bear a postal service barcode traceable to a
2date of entry into the federal mail system not later than the
3day before the election, as provided in section 53.17A, and
4received by the commissioner no later than the time established
5for the canvass by the board of supervisors for that election.
6 Sec. 51. Section 53.30, Code 2021, is amended to read as
7follows:
853.30 Ballots, ballot envelopes, and other information
9preserved.
101. At the conclusion of each meeting of the absentee and
11special voter precinct board, the board shall reconcile the
12number of signed affidavits provided to the board by the
13commissioner and the number of ballots that were counted and
14tabulated. The board shall record the number of ballots that
15were rejected prior to opening the affidavit envelope, the
16number of absentee ballots that have been challenged and are
17currently unopened, and the number of absentee ballots that
18were accepted for counting and tabulation. The board shall
19also reconcile the number of provisional ballots provided
20to the board by the commissioner, the number of provisional
21ballots that were accepted for counting and tabulation, and the
22number of provisional ballots that were rejected.
232. At the conclusion of each meeting of the absentee and
24special voters precinct board, the board shall securely seal
25all ballots counted by them in the manner prescribed in section
2650.12. The ballot envelopes, including the affidavit envelope
27if an affidavit envelope was provided, the return envelope, and
28secrecy envelope bearing the signatures of precinct election
29officials, as required by section 53.23, shall be preserved.
30All applications for absentee ballots, ballots rejected without
31being opened, absentee ballot logs, and any other documents
32pertaining to the absentee ballot process shall be preserved
33until such time as the documents may be destroyed pursuant to
34section 50.19.
353. Following each primary and general election,
-26-1commissioners shall report to the state commissioner the
2number of voted absentee ballots received by the commissioner,
3the total number of absentee ballots counted and tabulated
4by the board, and the number of absentee ballots rejected by
5the board. The commissioner shall also provide the number of
6provisional ballots cast, the number of provisional ballots
7rejected, and the number of provisional ballots that were
8counted and tabulated by the board.
9 Sec. 52. NEW SECTION. 53.33 Unlawful return of ballot.
10Notwithstanding any provision of law to the contrary, no
11person other than the registered voter or an individual who
12lives in the same household as the registered voter, the
13registered voter’s immediate family member, an individual
14serving as a caretaker for the registered voter, or an
15individual pursuant to section 53.22 shall collect a completed
16ballot and return the ballot by mail or in person to the county
17auditor’s office or other election location. A violation of
18this section constitutes election misconduct in the third
19degree under section 39A.4.
20 Sec. 53. Section 66.1A, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8. For failure to pay a fine imposed
23pursuant to section 39A.6 and not dismissed pursuant to chapter
2417A.
25 Sec. 54. Section 69.14A, subsection 2, paragraph a,
26subparagraphs (1) and (2), Code 2021, are amended to read as
27follows:
28(1) The appointment shall be for the period until the
29next pending election as defined in section 69.12 general
30election, and shall be made within forty days after the vacancy
31occurs. If the board of supervisors chooses to proceed under
32this paragraph, the board shall publish notice in the manner
33prescribed by section 331.305 stating that the board intends
34to fill the vacancy by appointment but that the electors of
35the county have the right to file a petition requiring that
-27-1the vacancy be filled by special election. The board may
2publish notice in advance if an elected official submits a
3resignation to take effect at a future date. The board may
4make an appointment to fill the vacancy after the notice is
5published or after the vacancy occurs, whichever is later. A
6person appointed to an office under this subsection, except for
7a county attorney, shall have actually resided in the county
8which the appointee represents sixty days prior to appointment.
9A person appointed to the office of county attorney shall be a
10resident of the county at the time of appointment.
11(2) However, if within fourteen days after publication
12of the notice or within fourteen days after the appointment
13is made, a petition is circulated and filed with the county
14auditor requesting a special election to fill the vacancy,
15the appointment is temporary and a special election shall be
16called as provided in paragraph “b”. The petition shall meet
17the requirements of section 331.306. A signature shall not be
18considered valid if the signature is dated prior to the date on
19which the appointment was made.
20 Sec. 55. Section 69.14A, subsection 2, paragraph b,
21subparagraph (1), Code 2021, is amended to read as follows:
22(1) The board of supervisors may, on its own motion, or
23shall, upon receipt of a petition as provided in paragraph
24“a”, call for a special election to fill the vacancy in lieu
25of appointment. The supervisors shall order the special
26election at the earliest practicable date, but giving at least
27thirty-two days’ notice of the election. A special election
28called under this section shall be held on a Tuesday and shall
29not be held on the same day as a school election within the
30county.
31 Sec. 56. Section 331.756, Code 2021, is amended by adding
32the following new subsection:
33 NEW SUBSECTION. 75. Bring actions under chapter 66 for
34failure to pay fines imposed pursuant to section 39A.6 and not
35dismissed pursuant to chapter 17A.
-28-1 Sec. 57. EFFECTIVE DATE. This Act, being deemed of
2immediate importance, takes effect upon enactment.
3 Sec. 58. APPLICABILITY. The following apply to all
4candidates seeking election to an office that will appear on a
5ballot in or after 2022:
61. The sections of this Act amending section 43.20.
72. The section of this Act amending section 44.1.
83. The section of this Act amending section 45.1.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the conduct of elections.
13The bill allows the state commissioner of elections to issue
14guidance outside of the rulemaking process to clarify election
15laws and rules. The bill makes failure to follow or implement
16such guidance election misconduct in the first degree, which
17is a class “D” felony. A class “D” felony is punishable by
18confinement for no more than five years and a fine of at least
19$1,025 but not more than $10,245. The bill also makes the
20failure to perform election duties and performance of election
21duties in such a way as to hinder or disregard the object of the
22law election misconduct in the first degree.
23The bill makes interference by a precinct election official
24or county commissioner with a person who is allowed to be at a
25polling place election misconduct in the third degree, which
26is a serious misdemeanor. A serious misdemeanor is punishable
27by confinement for no more than one year and a fine of at least
28$430 but not more than $2,560.
29The bill expressly grants state and local law enforcement
30agencies the authority to take all reasonable actions to
31prevent the violation of Code chapter 50 (canvass of votes).
32The bill makes failure to adequately perform voter list
33maintenance by an election official election misconduct in
34the second degree, an aggravated misdemeanor. An aggravated
35misdemeanor is punishable by confinement for no more than two
-29-1years and a fine of at least $855 but not more than $8,540.
2The bill allows a county commissioner of elections to
3establish a single drop box where voters can return completed
4absentee ballots. The bill requires the drop box to be located
5at or near the office of the county commissioner and sets
6certain requirements regarding the security, maintenance, and
7documentation of ballot drop boxes. The bill makes conforming
8changes regarding the return of absentee ballots.
9The bill requires the state commissioner of elections to
10issue a fine of up to $10,000, to be paid into the general
11fund, to a county commissioner of elections when the state
12commissioner issues a technical infraction to a county
13commissioner. A county commissioner shall pay or appeal the
14fine within 60 days. A county commissioner who fails to pay a
15fine that is not dismissed within 60 days shall be suspended
16from office for no longer than two years. If a county
17commissioner is suspended from office, the state commissioner
18shall direct the deputy county commissioner to fulfill the
19duties of the office, and the state commissioner may direct
20the state commissioner’s staff to assist the deputy county
21commissioner. The bill also requires the state commissioner
22to report a technical infraction to the attorney general and
23relevant county attorney if the infraction constitutes or
24may constitute election misconduct. The attorney general or
25county attorney shall report the results of the investigation
26to the state commissioner of elections and explain whether the
27attorney will pursue charges.
28The bill requires the attorney general or county attorney
29to investigate allegations of election misconduct, and to
30investigate misconduct by election officials for prosecution
31under Code chapter 721 (official misconduct).
32The bill prohibits a person who has been nominated by a
33political party from being nominated by a nonparty political
34organization for the same office in the same election.
35The bill changes the number of signatures required to be
-30-1received for the nomination of candidates for partisan office
2to be the same as provided for in Code section 45.1. The bill
3sets the signature requirements for candidates for president
4and vice president, governor and lieutenant governor, and
5United States senator to 3,500 signatures, with at least 100
6signatures each from at least 19 counties; for other statewide
7offices to 2,500 signatures, with at least 77 signatures each
8from at least 18 counties; and for representative in the United
9States house of representatives to 1,726 signatures, with at
10least 47 signatures from at least half of the counties in the
11congressional district.
12The bill changes the required convention or caucus size for
13nominees from nonparty political organizations.
14The bill prohibits county commissioners of elections from
15exercising home rule powers with respect to the administration
16of elections.
17The bill requires the state registrar of voters to verify
18each record in the statewide voter registration file in
19the first quarter of each calendar year. The verification
20procedure shall include cross-referencing the records in
21the statewide voter registration file with similar records
22maintained by other states. If the state registrar identifies
23an invalid registration, the state registrar shall cancel that
24registration. The bill requires the state registrar to submit
25a report to the general assembly by April 30 of each year
26regarding the number of registrations canceled pursuant to the
27provisions of the bill. The state registrar shall also post
28the report on the state registrar’s internet site.
29The bill allows the state registrar to contract with a
30third-party vendor to develop or provide a program to allow
31the state registrar to verify the status of records in the
32statewide voter registration file and identify ineligible
33voters on an ongoing basis.
34The bill changes the earliest date before an election on
35which a registered voter may request an absentee ballot from
-31-1120 days before the election to 70 days before the election.
2The bill prohibits county commissioners of elections from
3sending an absentee ballot application to a voter. In the
4event of a public health disaster declared by the governor, the
5bill allows the general assembly to, by resolution, direct the
6state commissioner to send an absentee ballot application to
7each registered voter prior to a primary or general election
8held in an even-numbered year. If the general assembly is
9not is session, the bill allows the legislative council to so
10direct the state commissioner by a majority vote.
11The bill prohibits an absentee ballot application from being
12provided to a voter with any information other than the date
13and type of election prefilled. The bill requires a county
14commissioner who receives an application for an absentee ballot
15between 5:00 p.m.on the 11th day before an election and 5:00
16p.m.on the 7th day before an election to notify the registered
17voter within 24 hours that the application cannot be processed
18and provide options for the registered voter to participate in
19the election.
20The bill requires the state commissioner of elections to
21publish daily reports regarding absentee ballots during the
22duration of certain elections. The bill requires county
23commissioners of elections to provide any necessary information
24for such reports to the state commissioner of elections.
25The bill requires the state registrar of voters to use
26information from the electronic registration information center
27to update information in the statewide voter registration
28system. The bill enumerates certain reports that the state
29registrar of voters is required to use.
30The bill requires each county commissioner of registration
31to participate in the United States postal service national
32change of address program. The bill requires the county
33commissioner to send a notice to and mark as inactive a voter
34who has not participated in the most recent general election
35and who has not reported a change of address or registered
-32-1again. Current law requires that such voters be marked
2inactive after having not voted in two consecutive general
3elections. The bill repeals an alternative to participation in
4the national change of address program.
5The bill requires each commissioner of registration to
6annually submit to the state registrar of voters a report
7regarding voter registration maintenance activities. The state
8registrar of voters shall publish such reports on the internet
9site of the state registrar of voters.
10The bill requires the state registrar of voters to conduct
11an audit of the voter registration maintenance activities of
12each county commissioner of registration in April of each
13odd-numbered year. If the state registrar of voters discovers
14that a county commissioner of registration has failed to
15perform adequate maintenance activities, the state registrar of
16voters shall transmit the audit to the relevant county attorney
17and attorney general for investigation of election misconduct.
18The bill allows the state commissioner of elections to
19oversee the activities of a county commissioner of elections
20during a period beginning 60 days before an election and ending
2160 days after an election. The state commissioner may correct
22any activity not in accordance with law, including by the
23issuance of technical infractions.
24The bill requires that a person serving on a precinct
25election board for an election including partisan offices or
26for an election in which candidates’ names appear under the
27heading of political parties who changes party affiliation
28within 30 days before an election shall be immediately removed
29from the board and replaced with a substitute.
30The bill prohibits a voter from selecting as a person to
31assist the voter in casting a ballot at the polling place a
32person who is standing for election on the ballot.
33The bill changes the earliest date before an election on
34which a county commissioner of elections may mail an absentee
35ballot from 29 days before the election to 18 days before the
-33-1election. The bill strikes a provision altering the first
2day on which an absentee ballot may be mailed when the United
3States post office is closed and not delivering mail on that
4day.
5The bill prohibits the county commissioner of elections
6and state commissioner of elections from mailing an absentee
7ballot to a person who has not submitted an application for an
8absentee ballot.
9The bill repeals a provision allowing a county commissioner
10of elections to establish satellite absentee voting locations
11at the commissioner’s discretion. The bill does not alter
12a provision requiring a county commissioner of elections to
13establish satellite absentee voting locations upon receipt of
14a petition.
15The bill changes the earliest date on which a person can vote
16absentee in person at the county commissioner’s office from 29
17days before an election to 18 days before an election.
18The bill removes a postmark as a method by which the date on
19which an absentee ballot was mailed may be verified. The bill
20prohibits a postmark from being used for such purpose.
21The bill removes certain requirements that county
22commissioners of elections must meet before implementing or
23discontinuing the use of a postal service barcode for the
24purpose of tracking absentee ballots.
25The bill changes the process for a county commissioner to
26notify a voter that an absentee ballot affidavit is incomplete.
27The bill requires a county commissioner to notify a voter
28within 24 hours of receipt of an affidavit lacking a signature
29that the voter may vote a replacement ballot, cast a ballot
30at the polls, or complete the affidavit at the office of the
31county commissioner. If the county commissioner receives
32an absentee ballot after 5:00 p.m.on the Saturday before
33a general election or after 5:00 p.m.on the Friday before
34any other election, the county commissioner shall submit the
35affidavit to the special voters precinct board. If the board
-34-1finds that the affidavit is incomplete, the county commissioner
2shall notify the voter that the voter may complete the
3affidavit in person at the county commissioner’s office. The
4bill defines an incomplete affidavit as one lacking the voter’s
5signature.
6The bill adds the date the absentee ballot was received by
7the county commissioner, the date the absentee ballot outer
8envelope was opened, and how the ballot was delivered to
9the county commissioner to the information that the county
10commissioner must maintain regarding absentee ballots. The
11bill requires such information to be reported to the state
12commissioner of elections.
13The bill allows a person who becomes a patient, tenant, or
14resident of a hospital, assisted living program, or health
15care facility in the county where the voter is registered to
16vote after the deadline to make a written application for an
17absentee ballot to request an absentee ballot by phone or in
18person to election officers delivering or collecting such
19ballots.
20The bill requires the absentee and special voter precinct
21board to reconcile the number of signed affidavits provided
22by the county commissioner of elections with the number of
23ballots counted and tabulated by the board, as well as the
24number of provisional ballots provided to the board, the number
25rejected by the board, and the number counted and tabulated by
26the board. The board shall also record the number of ballots
27rejected prior to opening the affidavit envelope, the number
28of absentee ballots that have been challenged and remain
29unopened, and the number of absentee ballots that were accepted
30for counting and tabulation. Following each primary and
31general election, the bill requires the county commissioner to
32report to the state commissioner certain information regarding
33absentee ballots.
34The bill prohibits a person other than a registered voter,
35the registered voter’s immediate family member, an individual
-35-1in the voter’s household, an individual acting as a caretaker
2for the registered voter, or an election official assisting
3a confined person from collecting and returning a completed
4absentee ballot, including to a ballot drop box. A person who
5violates this provision of the bill commits election misconduct
6in the third degree and is guilty of a serious misdemeanor. A
7serious misdemeanor is punishable by confinement for no more
8than one year and a fine of at least $430 but not more than
9$2,560.
10The bill changes the period of appointment for a person
11appointed to fill a vacancy in an elected county office from
12until the next pending election to until the next general
13election. For petitions requesting a special election to fill
14the vacancy, the bill requires a petition to be circulated and
15filed within 14 days after the appointment. The bill requires
16signatures on such a petition to be dated on or after the
17date of the appointment. The bill repeals a prohibition on a
18special election to fill a vacancy in a county elected office
19being held on the same day as a school election within the
20county.
21The bill takes effect upon enactment. The provisions of the
22bill relating to nominations of candidates apply to candidates
23seeking election to an office on a ballot in or after 2022.
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