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Senate File 568 - EnrolledAn Actrelating to the conduct of elections, including
nominations, procedures for proposed amendments to the Iowa
Constitution, and absentee voting, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 39.2, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. For a county, in an odd-numbered year, the first Tuesday
in March, the second Tuesday in September, or the first Tuesday
after the first Monday in November. For a county, in an
even-numbered year, the first Tuesday in March, or the second
Tuesday in September, or the first Tuesday after the first
Monday in November.
Sec. 2. Section 39.4, Code 2021, is amended to read as
follows:
39.4 Proclamation concerning revision of Constitution.
1. In the years in which the Constitution requires, or at
other times when the general assembly by law provides for, a
vote on the question of calling a convention and revising the
Constitution, the governor shall at least sixty days before the
general election issue a proclamation directing that at the
general election there be proposed to the people the following
question:
Shall there be a convention to revise the Constitution, and
propose amendment or amendments to same?
2. The question proposed pursuant to this section shall be
considered a public measure for the purposes of sections 49.43
through 49.47.
Sec. 3. Section 39.11, Code 2021, is amended to read as
follows:
39.11 More than one office prohibited.
1. Statewide elected officials and members of the general
assembly shall not hold more than one elective office at a
time. All other elected officials shall not hold more than
one elective office at the same level of government at a time.
This section does not apply to the following offices: county
agricultural extension council or soil and water conservation
district commission.
2. Notwithstanding subsection 1, an elected official may
hold a second elective office if not more than thirty days
-1-remain in the term of the first office and the elected official
did not seek reelection for the first office in the most recent
election.
Sec. 4. Section 39.12, Code 2021, is amended to read as
follows:
39.12 Failure to vacate.
An elected official who has been elected to another elective
office to which section 39.11 applies shall choose only one
office in which to serve unless otherwise permitted pursuant
to section 39.11, subsection 2. The official shall resign
from all but one of the offices to which section 39.11 applies
before the beginning of the term of the office to which the
person was most recently elected unless otherwise permitted
pursuant to section 39.11, subsection 2. Failure to submit the
required resignation will result in a vacancy in all the first
elective offices office to which the person was elected.
Sec. 5. NEW SECTION. 39.28 Actions — intervention.
1. A political party, as defined in section 43.2, or a
nonparty political organization organized pursuant to chapter
44, may intervene in a proceeding under chapter 17A or an
action filed in the district court, court of appeals, or
supreme court to challenge a provision of chapters 39 through
62 or a rule adopted to implement such a provision.
2. A political party, as defined in section 43.2, or a
nonparty political organization organized pursuant to chapter
44, may petition the district court to modify or vacate an
injunction against the enforcement of a provision of chapters
39 through 62. A denial of a petition to modify or vacate
an injunction is appealable as a matter of right as a final
judgment.
Sec. 6. Section 43.11, subsection 1, Code 2021, is amended
to read as follows:
1. For an elective county office, in the office of the
county commissioner not earlier than ninety-two days nor later
than 5:00 p.m.on the sixty-ninth seventy-fourth day before the
-2-day fixed for holding the primary election.
Sec. 7. Section 43.16, subsection 2, paragraph b, Code 2021,
is amended to read as follows:
b. A person who has filed nomination papers with the
commissioner may withdraw as a candidate not later than the
sixty-seventh sixty-ninth day before the primary election by
notifying the commissioner in writing.
Sec. 8. Section 43.23, Code 2021, is amended to read as
follows:
43.23 Death or withdrawal of primary candidate.
1. If a person who has filed nomination papers with the
state commissioner as a candidate in a primary election dies
or withdraws up to the seventy-sixth day before the primary
election, the appropriate convention or central committee of
that person’s political party may designate one additional
primary election candidate for the nomination that person
was seeking, if the designation is submitted to the state
commissioner in writing by 5:00 p.m.on the seventy-first day
before the date of the primary election and no other person has
filed as a candidate for the nomination in that election. The
name of any candidate so submitted shall be included in the
appropriate certificate or certificates furnished by the state
commissioner under section 43.22.
2. If a person who has filed nomination papers with the
commissioner as a candidate in a primary election dies or
withdraws up to the sixty-seventh sixty-ninth day before
the primary election, the appropriate convention or central
committee of that person’s political party may designate one
additional primary election candidate for the nomination
that person was seeking, if the designation is submitted to
the commissioner in writing by 5:00 p.m.on the sixty-third
sixty-fourth day before the primary election. The name of
any candidate so submitted shall be placed on the appropriate
ballot or ballots by the commissioner.
Sec. 9. Section 43.24, subsection 1, paragraph a, Code 2021,
-3-is amended to read as follows:
a. Objections to the legal sufficiency of a nomination
petition or certificate of nomination filed or issued under
this chapter or to the eligibility of a candidate may be filed
in writing by any person who would have the right to vote for
the candidate for the office in question. Objections relating
to incorrect or incomplete information for information that is
required under section 43.14 or 43.18 shall be sustained.
Sec. 10. Section 43.24, subsection 1, paragraph b,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Those filed with the commissioner, not less than
sixty-four sixty-seven days before the date of the election,
or for certificates of nomination filed under section 43.23,
not less than sixty-two sixty-three days before the date of the
election.
Sec. 11. Section 43.36, Code 2021, is amended to read as
follows:
43.36 Australian ballot.
The Australian ballot system as now used in this state,
except as herein modified, shall be used at said primary
election. The endorsement of the precinct election officials
and the facsimile or likeness of the county seal shall appear
upon the ballots as provided for general elections.
Sec. 12. Section 43.78, subsection 2, Code 2021, is amended
to read as follows:
2. The name of any candidate designated to fill a vacancy
on the general election ballot in accordance with subsection
1, paragraph “a”, “b”, or “c” shall be submitted in writing
to the state commissioner not later than 5:00 p.m.on the
seventy-third seventy-sixth day before the date of the general
election.
Sec. 13. Section 43.79, Code 2021, is amended to read as
follows:
43.79 Death of candidate after time for withdrawal.
The death of a candidate nominated as provided by law for
-4-any office to be filled at a general election, during the
period beginning on the eighty-first day before the general
election, in the case of any candidate whose nomination papers
were filed with the state commissioner, or beginning on the
seventy-third seventy-fourth day before the general election,
in the case of any candidate whose nomination papers were filed
with the commissioner, and ending on the last day before at
the time the polls close on the day of the general election
shall not operate to remove the deceased candidate’s name from
the general election ballot. If the deceased candidate was
seeking the office of senator or representative in the Congress
of the United States, governor, attorney general, senator or
representative in the general assembly or county supervisor,
section 49.58 shall control. If the deceased candidate was
seeking any other office, and as a result of the candidate’s
death a vacancy is subsequently found to exist, the vacancy
shall be filled as provided by chapter 69.
Sec. 14. Section 44.4, subsection 2, paragraph a,
subparagraphs (1) and (2), Code 2021, are amended to read as
follows:
(1) Those filed with the state commissioner, not less than
sixty-eight seventy-four days before the first Tuesday after
the first Monday in June in each even-numbered year, or for
certificates of nomination filed under subsection 1, paragraph
“b”, not less than seventy-four days before the date of the
election.
(2) Those filed with the commissioner, not less than
sixty-four sixty-seven days before the date of the election
first Tuesday after the first Monday in June in each
even-numbered year, except as provided in subparagraph (3).
Sec. 15. Section 44.6, Code 2021, is amended to read as
follows:
44.6 Hearing before state commissioner.
Objections filed with the state commissioner shall be
considered by the secretary of state and auditor of state and
-5-attorney general, and a majority decision shall be final; but
if the objection is to the certificate of nomination of one
or more of the above named officers, said officer or officers
so objected to shall not pass upon the same, but their places
shall be filled, respectively, by the treasurer of state,
the governor, and the secretary of agriculture. Objections
relating to incorrect or incomplete information for information
that is required under section 44.3 shall be sustained.
Sec. 16. Section 44.7, Code 2021, is amended to read as
follows:
44.7 Hearing before commissioner.
Except as otherwise provided in section 44.8, objections
filed with the commissioner shall be considered by the county
auditor, county treasurer, and county attorney, and a majority
decision shall be final. However, if the objection is to the
certificate of nomination of one or more of the above named
county officers, the officer or officers objected to shall not
pass upon the objection, but their places shall be filled,
respectively, by the chairperson of the board of supervisors,
the sheriff, and the county recorder. Objections relating to
incorrect or incomplete information for information that is
required under section 44.3 shall be sustained.
Sec. 17. Section 44.8, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. Objections relating to incorrect or
incomplete information for information that is required under
section 44.3 shall be sustained.
Sec. 18. Section 44.9, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. In the office of the state commissioner, at least
sixty-eight eighty-one days before the date of the election,
or for withdrawals of nominations filed under section 44.4,
subsection 1, paragraph “b”, at least seventy-six days before
the date of election.
2. In the office of the appropriate commissioner, at least
-6-sixty-four seventy-four days before the date of the election,
except as otherwise provided in subsection 6.
Sec. 19. Section 44.11, Code 2021, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws or dies
before the deadline established in section 44.9, declines a
nomination, or dies before election day, or if a certificate of
nomination is held insufficient or inoperative by the officer
with whom it is required to be filed, or in case any objection
made to a certificate of nomination, or to the eligibility
of any candidate named in the certificate, is sustained by
the board appointed to determine such questions, the vacancy
or vacancies may be filled by the convention, or caucus, or
in such manner as such convention or caucus has previously
provided. The vacancy or vacancies shall be filled not less
than seventy-four seventy-six days before the election in
the case of nominations required to be filed with the state
commissioner or not less than seventy-one days for nominations
filed under section 44.4, subsection 1, paragraph “b”, not less
than sixty-four sixty-nine days before the election in the case
of nominations required to be filed with the commissioner, not
less than forty-two days before the election in the case of
nominations required to be filed in the office of the school
board secretary, and not less than forty-two days before the
election in the case of nominations required to be filed with
the commissioner for city elections.
Sec. 20. Section 45.1, subsections 5, 6, 8, and 9, Code
2021, are amended to read as follows:
5. Nominations for candidates for offices filled by the
voters of a whole county may be made by nomination petitions
signed by eligible electors who are residents of the county
equal in number to at least one percent of the number of
registered voters in the county on July 1 in the year preceding
the year in which the office will appear on the ballot, or by at
-7-least two hundred fifty eligible electors who are residents of
the county, whichever is less. as follows:
a. For a county with a population of fifteen thousand or
fewer according to the most recent federal decennial census,
nomination petitions shall include at least fifty signatures.
b. For a county with a population of greater than fifteen
thousand but fewer than fifty thousand according to the most
recent federal decennial census, nomination petitions shall
include at least seventy-five signatures.
c. For a county with a population of fifty thousand or
greater according to the most recent federal decennial census,
nomination petitions shall include at least one hundred
signatures.
6. Nominations for candidates for the office of county
supervisor elected by the voters of a supervisor district may
be made by nomination petitions signed by eligible electors who
are residents of the supervisor district equal in number to at
least one percent of the number of registered voters in the
supervisor district on July 1 in the year preceding the year
in which the office will appear on the ballot, or by at least
one hundred fifty eligible electors who are residents of the
supervisor district, whichever is less. as follows:
a. For a supervisor district with a population of fifty
thousand or fewer according to the most recent federal
decennial census, nomination petitions shall include at least
fifty signatures.
b. For a supervisor district with a population of greater
than fifty thousand according to the most recent federal
decennial census, nomination petitions shall include at least
one hundred signatures.
8. Nominations for candidates for elective offices in
cities where the council has adopted nominations under this
chapter may be submitted as follows:
a. Except as otherwise provided in subsection 9, in cities
having a population of three thousand five hundred twenty-five
-8-thousand or greater according to the most recent federal
decennial census, nominations may be made by nomination papers
signed by not less than twenty-five seventy-five eligible
electors who are residents of the city or ward.
b. In cities having a population of one hundred seven
thousand five hundred or greater, but less than three thousand
five hundred twenty-five thousand, according to the most recent
federal decennial census, nominations may be made by nomination
papers signed by not less than ten fifty eligible electors who
are residents of the city or ward.
c. In cities having a population of two thousand five
hundred or greater, but less than one hundred seven thousand
five hundred, according to the most recent federal decennial
census, nominations may be made by nomination papers signed
by not less than five twenty-five eligible electors who are
residents of the city or ward.
d. In cities having a population of less than two thousand
five hundred, according to the most recent federal decennial
census, nominations may be made by nomination papers signed by
not less than ten eligible electors who are residents of the
city or ward.
9. Nominations for candidates, other than partisan
candidates, for elective offices in special charter cities
subject to section 43.112 may be submitted as follows:
a. For the office of mayor and alderman at large,
nominations may be made by nomination papers signed by
seventy-five eligible electors residing in the city equal in
number to at least two percent of the total vote received by
all candidates for mayor at the last preceding city election.
b. For the office of ward alderman, nominations may be made
by nomination papers signed by seventy-five eligible electors
residing in the ward equal in number to at least two percent of
the total vote received by all candidates for ward alderman in
that ward at the last preceding city election.
Sec. 21. Section 48A.28, subsection 2, paragraph b, as
-9-amended by 2021 Iowa Acts, Senate File 413, is amended to read
as follows:
b. A commissioner participating in the national change of
address program, in the first quarter of each calendar year,
shall send a notice and preaddressed, postage paid return
card by forwardable mail to each registered voter whose name
was not reported by the national change of address program
and who has not voted in the most recent general election and
has not registered again or who has not reported a change to
an existing registration. Registered voters receiving such
notice shall be marked inactive. The form and language of the
notice and return card shall be specified by the state voter
registration commission by rule. A registered voter shall
not be sent a notice and return card under this subsection
more frequently than once in a four-year period. A registered
voter shall not be sent a notice and return card under this
subsection if the registered voter was not eighteen years of
age on the date of the general election.
Sec. 22. Section 48A.30, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. The registered voter dies. For the purposes of this
subsection, the commissioner may accept as evidence of death a
notice from the state registrar of vital statistics forwarded
by the state registrar of voters, a notice from the federal
social security administration, a written statement from a
person related to the registered voter within the second degree
of consanguinity or first degree of affinity, an obituary
in a newspaper or that appears on the internet site of a
funeral establishment licensed under chapter 156 or by the
proper authority of another state, a written statement from an
election official or personal representative of the registered
voter’s estate, or a notice from the county recorder of the
county where the registered voter died.
Sec. 23. Section 48A.41, subsection 1, as enacted by 2021
Iowa Acts, Senate File 413, section 32, is amended to read as
-10-follows:
1. The state registrar of voters shall conduct an audit
of voter registration maintenance by each commissioner of
registration in April of each odd-numbered year, on a schedule
determined by the commissioner state registrar of voters.
Sec. 24. Section 49.31, subsection 2, paragraph c, Code
2021, is amended to read as follows:
c. On the general election ballot the names of candidates
for the nonpartisan offices listed in section 39.21 shall
be arranged by drawing lots for position. The commissioner
shall hold the drawing on the first business day following the
deadline for filing of nomination certificates or petitions
with the commissioner for the general election pursuant to
section 44.4 sixty-eighth day prior to the first Tuesday after
the first Monday in November. If a candidate withdraws, dies,
or is removed from the ballot after the ballot position of
names has been determined, such candidate’s name shall be
removed from the ballot, and the order of the remaining names
shall not be changed.
Sec. 25. NEW SECTION. 49.42B Form of official ballot —
candidates for president and vice president.
When candidates for president and vice president of the
United States appear on the ballot, the following statement
shall appear directly above the section of the ballot listing
such candidates:
[A ballot cast for the named candidates for president and vice
president of the United States is considered to be cast for
the slate of presidential electors nominated by the political
party, nonparty political organization, or independent
candidate.]
Sec. 26. Section 49.43, subsection 2, Code 2021, is amended
to read as follows:
2. Constitutional amendments and other public measures may
shall be summarized by the commissioner as provided in sections
49.44 and 52.25.
-11- Sec. 27. Section 49.44, subsection 1, Code 2021, is amended
to read as follows:
1. When a proposed constitutional amendment or other public
measure to be decided by the voters of the entire state is to
be voted upon, the state commissioner shall prepare a written
summary of the amendment or measure including the number of
the amendment or statewide public measure assigned by the
state commissioner. The summary shall be printed immediately
preceding the text of the proposed amendment or measure on the
paper ballot or optical scan ballot referred to in section
49.43. If the complete text of the proposed amendment or
public measure will not fit on the ballot it shall be posted
inside the voting booth. A copy of the full text shall be
included with any absentee ballots.
Sec. 28. Section 49.53, subsection 1, Code 2021, is amended
to read as follows:
1. The commissioner shall not less than four nor more than
twenty days before the day of each election, except those for
which different publication requirements are prescribed by law,
publish notice of the election. The notice shall contain a
facsimile of the portion of the ballot containing the first
rotation as prescribed by section 49.31, subsection 2, and
shall show list the names of all candidates or nominees and the
office each seeks, and all public questions, to be voted upon
at the election. The sample ballot published as a part of the
notice may at the discretion of the commissioner be reduced in
size relative to the actual ballot but such reduction shall
not cause upper case letters appearing in candidates’ names or
in summaries of public measures on the published sample ballot
to be less than nine point type. The notice shall also state
the date of the election, the hours the polls will be open,
that each voter is required to provide identification at the
polling place before the voter can receive and cast a ballot,
the location of each polling place at which voting is to occur
in the election, and the names of the precincts voting at each
-12-polling place, but the statement need not set forth any fact
which is apparent from the portion of the ballot appearing as
a part of the same notice. The notice shall include the full
text of all public measures to be voted upon at the election.
The notice may contain one or more facsimiles of the portion
of the ballot containing the first rotation as prescribed by
section 49.31, subsection 2.
Sec. 29. Section 49.57, subsection 6, Code 2021, is amended
to read as follows:
6. A portion of the ballot shall include the words “Official
ballot”, the unique identification number or name assigned by
the commissioner to the ballot style, the date of the election,
and the impression facsimile or likeness of the county seal of
the county of the commissioner who has caused the ballot to be
printed pursuant to section 49.51.
Sec. 30. Section 49.58, subsection 1, Code 2021, is amended
to read as follows:
1. If any candidate nominated by a political party,
as defined in section 43.2, for the office of senator or
representative in the Congress of the United States, governor,
attorney general, or senator or representative in the general
assembly dies during the period beginning on the eighty-eighth
eighty-first day and ending at the time the polls close on the
last day before of the general election, or if any candidate
so nominated for the office of county supervisor dies during
the period beginning on the seventy-third seventy-fourth day
and ending at the time the polls close on the last day before
of the general election, the vote cast at the general election
for that office shall not be canvassed as would otherwise be
required by chapter 50. Instead, a special election shall be
held on the first Tuesday after the second Monday in December,
for the purpose of electing a person to fill that office.
Sec. 31. Section 49.75, Code 2021, is amended to read as
follows:
49.75 Oath.
-13- Before opening the polls, each of the board members shall
take the following oath:
I, A. B., do solemnly swear or affirm that I will
impartially, and to the best of my knowledge and ability,
perform the duties of precinct election official of this
election, and will studiously endeavor to prevent fraud,
deceit, and abuse in conducting the election.
I understand that as a precinct election official, I have
access to certain information that is considered confidential
and is protected under Code chapters 22, 39A, 48A, and 715C.
Due to this protected status, I agree to only release this
information in accordance with Iowa law.
Additionally, I understand that the prohibition on sharing
confidential information extends before and after the hours
that my assigned polling place is open.
Sec. 32. Section 49.78, subsection 4, Code 2021, is amended
to read as follows:
4. A person who is registered to vote but is unable
to present a form of identification under subsection 2 or
3 may establish identity and residency in the precinct by
written oath of a person who is also registered to vote in
the precinct. Before signing an oath under this subsection,
the attesting registered voter shall present to the precinct
election official proof of the voter’s identity as provided
in subsection 2 or 3. The attesting registered voter’s oath
shall attest to the stated identity of the person wishing to
vote and that the person is a current resident of the precinct.
The oath must be signed by the attesting registered voter in
the presence of the appropriate precinct election official.
A registered voter who has signed two oaths on election day
attesting to a person’s identity and residency as provided in
this subsection is prohibited from signing any further oaths as
provided in this subsection on that day.
Sec. 33. Section 49.81, Code 2021, is amended by adding the
following new subsection:
-14- NEW SUBSECTION. 6. If a person casts a provisional ballot
pursuant to this section or section 49.78, the voter must offer
the required proof of residency or identification to vote in
the polling place before the polls close on election day, or
to the commissioner’s office in order for the ballot to be
counted. The proof must be received by the commissioner not
later than noon on the Monday following the election, or if the
law authorizing the election specifies that the supervisors
canvass the votes earlier than the Monday following the
election, the proof must be received by the commissioner before
the canvass for that election by the board of supervisors.
Sec. 34. Section 49A.6, Code 2021, is amended to read as
follows:
49A.6 Certification — sample ballot.
The state commissioner of elections shall, not less than
sixty-nine sixty-three days preceding any election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state, transmit to the
county commissioner of elections of each county a certified
copy of the amendment or measure and a sample of the ballot to
be used in such cases, prepared in accordance with law.
Sec. 35. Section 50.11, subsection 1, Code 2021, is amended
to read as follows:
1. When the canvass is completed one of the precinct
election officials shall publicly announce the total number of
votes received by each of the persons voted for, the office for
which the person is designated, as announced by the designated
tally keepers, and the number of votes for, and the number of
votes against, any proposition which shall have been submitted
to a vote of the people. A precinct election official shall
may, at the request of the commissioner who is conducting
the election, communicate the election results by telephone
or and shall deliver the election results in person pursuant
to section 50.14 to the commissioner who is conducting the
election immediately upon completion of the canvass.
-15- Sec. 36. NEW SECTION. 50.14 Return of results.
When election results are delivered in person to the
commissioner who is conducting the election, the printed
results and memory device of the voting equipment shall be
returned to the commissioner on election night by two precinct
election officials who shall be of different political parties
in the case of a partisan election, or by a person designated
by the commissioner, including but not limited to a state or
local law enforcement officer. The printed results and memory
device shall be returned in a securely sealed envelope with the
signatures of all board members of the precinct placed across
the seal so that the envelope cannot be opened without breaking
the seal.
Sec. 37. Section 50.24, subsection 2, Code 2021, is amended
to read as follows:
2. Upon convening, the board shall open and canvass the
tally lists and shall prepare abstracts stating the number of
votes cast in the county, or in that portion of the county
in which the election was held, for each office and on each
question on the ballot for the election. The board shall
contact the chairperson of the special precinct board before
adjourning and include in the canvass any write-in votes
tallied and recorded by the special precinct board or any
absentee ballots which were received after the polls closed in
accordance with section 53.17 and which were canvassed by the
special precinct board after election day. The abstract shall
further indicate the name of each person who received votes for
each office on the ballot, and the number of votes each person
named received for that office, and the number of votes for and
against each question submitted to the voters at the election.
The votes of all write-in candidates who each received less
than five percent of the votes cast for an office or who
each received fewer than ten votes and was not determined to
be elected shall be reported collectively under the heading
“scattering”.
-16- Sec. 38. Section 50.51, subsection 5, Code 2021, is amended
to read as follows:
5. In advance of any all other election elections, the state
commissioner may shall order an audit of the election in the
manner provided in this section.
Sec. 39. Section 53.2, subsection 4, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) The name and signature of the registered voter and the
date on which the request was signed.
Sec. 40. Section 53.11, subsection 1, Code 2021, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. c. An otherwise valid petition for a
satellite absentee voting station shall be rejected within four
days of the commissioner’s receipt of the petition if any of
the following circumstances apply:
(1) The site requested is not accessible to elderly and
disabled voters.
(2) The site requested has other physical limitations that
make it impossible to meet the requirements for ballot security
and secret voting.
(3) The owner of the site refuses permission to locate the
satellite absentee voting station at the site requested by the
petition, unless the site is required to serve as a polling
place pursuant to section 49.21, subsection 2.
(4) After reasonable efforts, the commissioner is unable
to sufficiently staff the satellite absentee voting station to
ensure compliance with the law of this state.
NEW PARAGRAPH. d. An otherwise valid petition for a
satellite absentee voting station may be rejected within four
days of the commissioner’s receipt of the petition if any of
the following circumstances apply:
(1) The petition requests a satellite absentee voting
station for a city runoff election and a special election is
scheduled to be held between the date of the regular city
election and the city runoff election.
-17- (2) The owner of the site demands payment for the site’s
use, unless the site is required to serve as a polling place
pursuant to section 49.21, subsection 2.
Sec. 41. Section 53.11, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. Notwithstanding subsection 1, if the
commissioner receives valid petitions to establish two or more
satellite absentee voting stations located within the same
precinct, the commissioner may choose to establish a satellite
absentee voting station at only one of the locations.
Sec. 42. Section 53.17A, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. The state commissioner shall by February
26, 2024, include on the state commissioner’s internet site
an application through which a voter can track the voter’s
absentee ballot request form and absentee ballot. The
application shall provide all of the following information:
a. Whether the voter returned a ballot in person, by mail,
or by voting in person at a satellite location.
b. The date the absentee ballot request form was received by
the county commissioner.
c. The date the absentee ballot was mailed or given to the
voter.
d. The date the absentee ballot was received by the county
commissioner.
e. The date the county commissioner opened the outer
envelope.
f. Whether there is a problem with the absentee ballot
request form or absentee ballot that requires correction by the
voter, along with instructions for the voter to contact the
county commissioner as soon as possible to resolve the issue.
Sec. 43. Section 53.33, as enacted by 2021 Iowa Acts, Senate
File 413, section 65, is amended by striking the section and
inserting in lieu thereof the following:
53.33 Unlawful return of ballot.
-18- 1. For the purposes of this section:
a. “Delivery agent” means an individual registered to vote
in this state who has been designated to return a completed
absentee ballot to the commissioner by another registered
voter who is unable to return the registered voter’s own
absentee ballot due to reason of blindness or other disability.
“Delivery agent” does not include the registered voter’s
employer, an agent of the registered voter’s employer, an
officer or agent of the registered voter’s union, or a person
acting as an actual or implied agent for a political party
as defined in section 43.2, or a candidate or committee, as
defined in section 68A.102.
b. “Immediate family member” means an individual related to
a registered voter within the fourth degree of consanguinity
or affinity.
2. No person other than the registered voter, an individual
who lives in the same household as the registered voter, an
immediate family member of the registered voter, an individual
acting in accordance with section 53.22, or a delivery agent
acting on behalf of a registered voter who is unable to return
the registered voter’s own ballot due to reason of blindness or
other disability, shall collect and return a completed absentee
ballot.
3. A registered voter who is unable to return the registered
voter’s own completed absentee ballot due to reason of
blindness or any physical disability other than intoxication
may designate a delivery agent to return the registered voter’s
completed absentee ballot. The registered voter shall complete
and sign a designation of delivery agent form prescribed by the
state commissioner prior to surrendering a ballot to a delivery
agent.
4. A delivery agent shall return no more than two completed
absentee ballots per election. This limit shall apply to all
elections occurring on the same calendar date.
5. A delivery agent shall fill out a receipt pursuant
-19-to section 53.17, subsection 4, when retrieving a completed
absentee ballot from a registered voter.
6. A delivery agent shall collect the registered voter’s
designation of delivery agent form at the time the delivery
agent collects the registered voter’s completed absentee
ballot. The delivery agent shall deliver the registered
voter’s designation of delivery agent form to the commissioner
at the same time as the registered voter’s completed absentee
ballot.
7. Notwithstanding any provision of law to the contrary, a
delivery agent shall do all of the following when delivering a
completed absentee ballot to the commissioner:
a. Deliver the completed absentee ballot in person to the
commissioner’s office. The delivery agent shall not deliver
the completed absentee ballot by mail or to a ballot drop box.
b. Present identification sufficient to establish identity
pursuant to section 49.78.
c. On a form prescribed by the state commissioner, the
delivery agent shall provide the delivery agent’s full legal
name, residential address, phone number, and electronic mail
address, if applicable. The delivery agent shall also sign
under penalty of perjury a statement in substantially the
following form:
Under penalty of perjury, I hereby certify that I am a
registered voter in the State of Iowa and not the employer,
agent of the employer, or officer or agent of the union of
the registered voter whose completed absentee ballot I am
returning, or a person acting as an actual or implied agent for
a political party as defined in section 43.2, or a candidate
or committee, as defined in section 68A.102. I also certify
that I am acting as the delivery agent of the registered voter
whose completed absentee ballot I am returning, that I am
returning the registered voter’s completed absentee ballot to
the commissioner who issued the ballot, and that I have not
altered or tampered with the ballot. I acknowledge that Iowa
-20-law prohibits delivery agents from returning more than two
completed absentee ballots for all elections occurring on the
same date. I have complied with Iowa law. I understand that
if I provide false information on this form, I may be guilty of
perjury, a class “D” felony, and subject to a maximum prison
term not to exceed five years and a fine of at least $1,025 but
not more than $10,245.
Sec. 44. Section 53.37, subsection 2, Code 2021, is amended
to read as follows:
2. The term “armed forces of the United States”, as used in
this subchapter, shall mean the army, navy, marine corps, coast
guard, and air force, and space force of the United States.
Sec. 45. Section 53.49, Code 2021, is amended to read as
follows:
53.49 Applicable to armed forces and other citizens.
The provisions of this subchapter as to absent voting shall
apply only to absent voters in the armed forces of the United
States as defined for the purpose of absentee voting in section
53.37. The provisions of sections 53.1 through 53.34 53.33
shall apply to all other voters not members of the armed forces
of the United States.
Sec. 46. Section 54.9, Code 2021, is amended to read as
follows:
54.9 Compensation.
The electors shall each receive a compensation of
five dollars one-half of the federal general services
administration’s per diem rate for the relevant date and
location for every day’s attendance, and the same mileage as
members of the general assembly which shall be paid from funds
not otherwise appropriated from the general fund of the state.
Sec. 47. Section 99F.7, subsection 11, paragraph a, Code
2021, is amended to read as follows:
a. A license to conduct gambling games in a county shall
be issued only if the county electorate approves the conduct
of the gambling games as provided in this subsection. The
-21-board of supervisors, upon receipt of a valid petition meeting
the requirements of section 331.306, and subject to the
requirements of paragraph “e”, shall direct the commissioner of
elections to submit to the registered voters of the county a
proposition to approve or disapprove the conduct of gambling
games in the county. The proposition shall be submitted at an
election held on a date specified in section 39.2, subsection
4, paragraph “a”. To be submitted at a general election, the
petition must be received by the board of supervisors at least
five working days before the last day for candidates for county
offices to file nomination papers for the general election
pursuant to section 44.4. If a majority of the county voters
voting on the proposition favor the conduct of gambling games,
the commission may issue one or more licenses as provided in
this chapter. If a majority of the county voters voting on
the proposition do not favor the conduct of gambling games, a
license to conduct gambling games in the county shall not be
issued.
Sec. 48. Section 277.4, subsection 4, Code 2021, is amended
to read as follows:
4. Any person on whose behalf nomination petitions have
been filed under this section may withdraw as a candidate by
filing a signed statement to that effect with the secretary at
any time prior to 5:00 p.m.on the thirty-fifth day before the
election consistent with section 44.9, subsection 5.
Sec. 49. Section 331.552, subsection 4, Code 2021, is
amended to read as follows:
4. Keep the official county seal provided by the county.
The official seal shall be an impression seal on the face of
which shall appear the name of the county, the word “county”,
which may be abbreviated, and the word “Iowa”. A county shall
have only one official county seal.
Sec. 50. Section 347.25, subsection 1, Code 2021, is amended
to read as follows:
1. The election of hospital trustees whose offices are
-22-established by this chapter or chapter 145A or 347A shall
take place at the general election on ballots which shall
not reflect a nominee’s political affiliation. Nomination
shall be made by petition in accordance with chapter 45. The
petition form shall be furnished by the county commissioner
of elections, shall be signed by fifty eligible electors of
the county, and shall be filed with the county commissioner
of elections at least sixty-nine days before the date of
the election. A plurality is sufficient to elect hospital
trustees.
Sec. 51. Section 376.5, Code 2021, is amended to read as
follows:
376.5 Publication of ballot.
Notice containing a copy of the ballot for each regular,
special, primary, or runoff city election must shall be
published by the county commissioner of elections as provided
in section 362.3, except that notice of a regular, primary, or
runoff election may be published not less than four days before
the date of the election. The published notice must contain
list the names of all candidates, and may not contain any party
designations. The published notice must contain include any
question to be submitted to the voters. The notice may contain
one or more facsimiles of the portion of the ballot containing
the first arrangement of candidates as prescribed by section
49.31, subsection 2.
Sec. 52. REPEAL. Sections 43.80 and 53.34, Code 2021, are
repealed.
Sec. 53. REPEAL. 2017 Iowa Acts, chapter 155, section 1,
is repealed.
Sec. 54. EFFECTIVE DATE.
1. Except as otherwise provided, this Act, being deemed of
immediate importance, takes effect upon enactment.
2. The following take effect January 1, 2022:
a. The section of this Act amending section 43.11,
subsection 1.
-23- b. The section of this Act amending section 43.16,
subsection 2, paragraph “b”.
c. The section of this Act amending section 43.24,
subsection 1, paragraph “b”, subparagraph (2).
d. The section of this Act amending section 43.78,
subsection 2.
e. The section of this Act amending section 43.79.
f. The section of this Act amending section 44.4, subsection
2, paragraph “a”, subparagraphs (1) and (2).
g. The section of this Act amending section 44.9,
subsections 1 and 2.
h. The section of this Act amending section 44.11.
i. The section of this Act amending section 45.1,
subsections 5, 6, 8, and 9.
j. The section of this Act amending section 49.58,
subsection 1.
k. The section of this Act amending section 50.51,
subsection 5.
-24-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 568, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernorss/jh/mb/mb
nominations, procedures for proposed amendments to the Iowa
Constitution, and absentee voting, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 39.2, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. For a county, in an odd-numbered year, the first Tuesday
in March, the second Tuesday in September, or the first Tuesday
after the first Monday in November. For a county, in an
even-numbered year, the first Tuesday in March, or the second
Tuesday in September, or the first Tuesday after the first
Monday in November.
Sec. 2. Section 39.4, Code 2021, is amended to read as
follows:
39.4 Proclamation concerning revision of Constitution.
1. In the years in which the Constitution requires, or at
other times when the general assembly by law provides for, a
vote on the question of calling a convention and revising the
Constitution, the governor shall at least sixty days before the
general election issue a proclamation directing that at the
general election there be proposed to the people the following
question:
Shall there be a convention to revise the Constitution, and
propose amendment or amendments to same?
2. The question proposed pursuant to this section shall be
considered a public measure for the purposes of sections 49.43
through 49.47.
Sec. 3. Section 39.11, Code 2021, is amended to read as
follows:
39.11 More than one office prohibited.
1. Statewide elected officials and members of the general
assembly shall not hold more than one elective office at a
time. All other elected officials shall not hold more than
one elective office at the same level of government at a time.
This section does not apply to the following offices: county
agricultural extension council or soil and water conservation
district commission.
2. Notwithstanding subsection 1, an elected official may
hold a second elective office if not more than thirty days
-1-remain in the term of the first office and the elected official
did not seek reelection for the first office in the most recent
election.
Sec. 4. Section 39.12, Code 2021, is amended to read as
follows:
39.12 Failure to vacate.
An elected official who has been elected to another elective
office to which section 39.11 applies shall choose only one
office in which to serve unless otherwise permitted pursuant
to section 39.11, subsection 2. The official shall resign
from all but one of the offices to which section 39.11 applies
before the beginning of the term of the office to which the
person was most recently elected unless otherwise permitted
pursuant to section 39.11, subsection 2. Failure to submit the
required resignation will result in a vacancy in all the first
elective offices office to which the person was elected.
Sec. 5. NEW SECTION. 39.28 Actions — intervention.
1. A political party, as defined in section 43.2, or a
nonparty political organization organized pursuant to chapter
44, may intervene in a proceeding under chapter 17A or an
action filed in the district court, court of appeals, or
supreme court to challenge a provision of chapters 39 through
62 or a rule adopted to implement such a provision.
2. A political party, as defined in section 43.2, or a
nonparty political organization organized pursuant to chapter
44, may petition the district court to modify or vacate an
injunction against the enforcement of a provision of chapters
39 through 62. A denial of a petition to modify or vacate
an injunction is appealable as a matter of right as a final
judgment.
Sec. 6. Section 43.11, subsection 1, Code 2021, is amended
to read as follows:
1. For an elective county office, in the office of the
county commissioner not earlier than ninety-two days nor later
than 5:00 p.m.on the sixty-ninth seventy-fourth day before the
-2-day fixed for holding the primary election.
Sec. 7. Section 43.16, subsection 2, paragraph b, Code 2021,
is amended to read as follows:
b. A person who has filed nomination papers with the
commissioner may withdraw as a candidate not later than the
sixty-seventh sixty-ninth day before the primary election by
notifying the commissioner in writing.
Sec. 8. Section 43.23, Code 2021, is amended to read as
follows:
43.23 Death or withdrawal of primary candidate.
1. If a person who has filed nomination papers with the
state commissioner as a candidate in a primary election dies
or withdraws up to the seventy-sixth day before the primary
election, the appropriate convention or central committee of
that person’s political party may designate one additional
primary election candidate for the nomination that person
was seeking, if the designation is submitted to the state
commissioner in writing by 5:00 p.m.on the seventy-first day
before the date of the primary election and no other person has
filed as a candidate for the nomination in that election. The
name of any candidate so submitted shall be included in the
appropriate certificate or certificates furnished by the state
commissioner under section 43.22.
2. If a person who has filed nomination papers with the
commissioner as a candidate in a primary election dies or
withdraws up to the sixty-seventh sixty-ninth day before
the primary election, the appropriate convention or central
committee of that person’s political party may designate one
additional primary election candidate for the nomination
that person was seeking, if the designation is submitted to
the commissioner in writing by 5:00 p.m.on the sixty-third
sixty-fourth day before the primary election. The name of
any candidate so submitted shall be placed on the appropriate
ballot or ballots by the commissioner.
Sec. 9. Section 43.24, subsection 1, paragraph a, Code 2021,
-3-is amended to read as follows:
a. Objections to the legal sufficiency of a nomination
petition or certificate of nomination filed or issued under
this chapter or to the eligibility of a candidate may be filed
in writing by any person who would have the right to vote for
the candidate for the office in question. Objections relating
to incorrect or incomplete information for information that is
required under section 43.14 or 43.18 shall be sustained.
Sec. 10. Section 43.24, subsection 1, paragraph b,
subparagraph (2), Code 2021, is amended to read as follows:
(2) Those filed with the commissioner, not less than
sixty-four sixty-seven days before the date of the election,
or for certificates of nomination filed under section 43.23,
not less than sixty-two sixty-three days before the date of the
election.
Sec. 11. Section 43.36, Code 2021, is amended to read as
follows:
43.36 Australian ballot.
The Australian ballot system as now used in this state,
except as herein modified, shall be used at said primary
election. The endorsement of the precinct election officials
and the facsimile or likeness of the county seal shall appear
upon the ballots as provided for general elections.
Sec. 12. Section 43.78, subsection 2, Code 2021, is amended
to read as follows:
2. The name of any candidate designated to fill a vacancy
on the general election ballot in accordance with subsection
1, paragraph “a”, “b”, or “c” shall be submitted in writing
to the state commissioner not later than 5:00 p.m.on the
seventy-third seventy-sixth day before the date of the general
election.
Sec. 13. Section 43.79, Code 2021, is amended to read as
follows:
43.79 Death of candidate after time for withdrawal.
The death of a candidate nominated as provided by law for
-4-any office to be filled at a general election, during the
period beginning on the eighty-first day before the general
election, in the case of any candidate whose nomination papers
were filed with the state commissioner, or beginning on the
seventy-third seventy-fourth day before the general election,
in the case of any candidate whose nomination papers were filed
with the commissioner, and ending on the last day before at
the time the polls close on the day of the general election
shall not operate to remove the deceased candidate’s name from
the general election ballot. If the deceased candidate was
seeking the office of senator or representative in the Congress
of the United States, governor, attorney general, senator or
representative in the general assembly or county supervisor,
section 49.58 shall control. If the deceased candidate was
seeking any other office, and as a result of the candidate’s
death a vacancy is subsequently found to exist, the vacancy
shall be filled as provided by chapter 69.
Sec. 14. Section 44.4, subsection 2, paragraph a,
subparagraphs (1) and (2), Code 2021, are amended to read as
follows:
(1) Those filed with the state commissioner, not less than
sixty-eight seventy-four days before the first Tuesday after
the first Monday in June in each even-numbered year, or for
certificates of nomination filed under subsection 1, paragraph
“b”, not less than seventy-four days before the date of the
election.
(2) Those filed with the commissioner, not less than
sixty-four sixty-seven days before the date of the election
first Tuesday after the first Monday in June in each
even-numbered year, except as provided in subparagraph (3).
Sec. 15. Section 44.6, Code 2021, is amended to read as
follows:
44.6 Hearing before state commissioner.
Objections filed with the state commissioner shall be
considered by the secretary of state and auditor of state and
-5-attorney general, and a majority decision shall be final; but
if the objection is to the certificate of nomination of one
or more of the above named officers, said officer or officers
so objected to shall not pass upon the same, but their places
shall be filled, respectively, by the treasurer of state,
the governor, and the secretary of agriculture. Objections
relating to incorrect or incomplete information for information
that is required under section 44.3 shall be sustained.
Sec. 16. Section 44.7, Code 2021, is amended to read as
follows:
44.7 Hearing before commissioner.
Except as otherwise provided in section 44.8, objections
filed with the commissioner shall be considered by the county
auditor, county treasurer, and county attorney, and a majority
decision shall be final. However, if the objection is to the
certificate of nomination of one or more of the above named
county officers, the officer or officers objected to shall not
pass upon the objection, but their places shall be filled,
respectively, by the chairperson of the board of supervisors,
the sheriff, and the county recorder. Objections relating to
incorrect or incomplete information for information that is
required under section 44.3 shall be sustained.
Sec. 17. Section 44.8, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. Objections relating to incorrect or
incomplete information for information that is required under
section 44.3 shall be sustained.
Sec. 18. Section 44.9, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. In the office of the state commissioner, at least
sixty-eight eighty-one days before the date of the election,
or for withdrawals of nominations filed under section 44.4,
subsection 1, paragraph “b”, at least seventy-six days before
the date of election.
2. In the office of the appropriate commissioner, at least
-6-sixty-four seventy-four days before the date of the election,
except as otherwise provided in subsection 6.
Sec. 19. Section 44.11, Code 2021, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws or dies
before the deadline established in section 44.9, declines a
nomination, or dies before election day, or if a certificate of
nomination is held insufficient or inoperative by the officer
with whom it is required to be filed, or in case any objection
made to a certificate of nomination, or to the eligibility
of any candidate named in the certificate, is sustained by
the board appointed to determine such questions, the vacancy
or vacancies may be filled by the convention, or caucus, or
in such manner as such convention or caucus has previously
provided. The vacancy or vacancies shall be filled not less
than seventy-four seventy-six days before the election in
the case of nominations required to be filed with the state
commissioner or not less than seventy-one days for nominations
filed under section 44.4, subsection 1, paragraph “b”, not less
than sixty-four sixty-nine days before the election in the case
of nominations required to be filed with the commissioner, not
less than forty-two days before the election in the case of
nominations required to be filed in the office of the school
board secretary, and not less than forty-two days before the
election in the case of nominations required to be filed with
the commissioner for city elections.
Sec. 20. Section 45.1, subsections 5, 6, 8, and 9, Code
2021, are amended to read as follows:
5. Nominations for candidates for offices filled by the
voters of a whole county may be made by nomination petitions
signed by eligible electors who are residents of the county
equal in number to at least one percent of the number of
registered voters in the county on July 1 in the year preceding
the year in which the office will appear on the ballot, or by at
-7-least two hundred fifty eligible electors who are residents of
the county, whichever is less. as follows:
a. For a county with a population of fifteen thousand or
fewer according to the most recent federal decennial census,
nomination petitions shall include at least fifty signatures.
b. For a county with a population of greater than fifteen
thousand but fewer than fifty thousand according to the most
recent federal decennial census, nomination petitions shall
include at least seventy-five signatures.
c. For a county with a population of fifty thousand or
greater according to the most recent federal decennial census,
nomination petitions shall include at least one hundred
signatures.
6. Nominations for candidates for the office of county
supervisor elected by the voters of a supervisor district may
be made by nomination petitions signed by eligible electors who
are residents of the supervisor district equal in number to at
least one percent of the number of registered voters in the
supervisor district on July 1 in the year preceding the year
in which the office will appear on the ballot, or by at least
one hundred fifty eligible electors who are residents of the
supervisor district, whichever is less. as follows:
a. For a supervisor district with a population of fifty
thousand or fewer according to the most recent federal
decennial census, nomination petitions shall include at least
fifty signatures.
b. For a supervisor district with a population of greater
than fifty thousand according to the most recent federal
decennial census, nomination petitions shall include at least
one hundred signatures.
8. Nominations for candidates for elective offices in
cities where the council has adopted nominations under this
chapter may be submitted as follows:
a. Except as otherwise provided in subsection 9, in cities
having a population of three thousand five hundred twenty-five
-8-thousand or greater according to the most recent federal
decennial census, nominations may be made by nomination papers
signed by not less than twenty-five seventy-five eligible
electors who are residents of the city or ward.
b. In cities having a population of one hundred seven
thousand five hundred or greater, but less than three thousand
five hundred twenty-five thousand, according to the most recent
federal decennial census, nominations may be made by nomination
papers signed by not less than ten fifty eligible electors who
are residents of the city or ward.
c. In cities having a population of two thousand five
hundred or greater, but less than one hundred seven thousand
five hundred, according to the most recent federal decennial
census, nominations may be made by nomination papers signed
by not less than five twenty-five eligible electors who are
residents of the city or ward.
d. In cities having a population of less than two thousand
five hundred, according to the most recent federal decennial
census, nominations may be made by nomination papers signed by
not less than ten eligible electors who are residents of the
city or ward.
9. Nominations for candidates, other than partisan
candidates, for elective offices in special charter cities
subject to section 43.112 may be submitted as follows:
a. For the office of mayor and alderman at large,
nominations may be made by nomination papers signed by
seventy-five eligible electors residing in the city equal in
number to at least two percent of the total vote received by
all candidates for mayor at the last preceding city election.
b. For the office of ward alderman, nominations may be made
by nomination papers signed by seventy-five eligible electors
residing in the ward equal in number to at least two percent of
the total vote received by all candidates for ward alderman in
that ward at the last preceding city election.
Sec. 21. Section 48A.28, subsection 2, paragraph b, as
-9-amended by 2021 Iowa Acts, Senate File 413, is amended to read
as follows:
b. A commissioner participating in the national change of
address program, in the first quarter of each calendar year,
shall send a notice and preaddressed, postage paid return
card by forwardable mail to each registered voter whose name
was not reported by the national change of address program
and who has not voted in the most recent general election and
has not registered again or who has not reported a change to
an existing registration. Registered voters receiving such
notice shall be marked inactive. The form and language of the
notice and return card shall be specified by the state voter
registration commission by rule. A registered voter shall
not be sent a notice and return card under this subsection
more frequently than once in a four-year period. A registered
voter shall not be sent a notice and return card under this
subsection if the registered voter was not eighteen years of
age on the date of the general election.
Sec. 22. Section 48A.30, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. The registered voter dies. For the purposes of this
subsection, the commissioner may accept as evidence of death a
notice from the state registrar of vital statistics forwarded
by the state registrar of voters, a notice from the federal
social security administration, a written statement from a
person related to the registered voter within the second degree
of consanguinity or first degree of affinity, an obituary
in a newspaper or that appears on the internet site of a
funeral establishment licensed under chapter 156 or by the
proper authority of another state, a written statement from an
election official or personal representative of the registered
voter’s estate, or a notice from the county recorder of the
county where the registered voter died.
Sec. 23. Section 48A.41, subsection 1, as enacted by 2021
Iowa Acts, Senate File 413, section 32, is amended to read as
-10-follows:
1. The state registrar of voters shall conduct an audit
of voter registration maintenance by each commissioner of
registration in April of each odd-numbered year, on a schedule
determined by the commissioner state registrar of voters.
Sec. 24. Section 49.31, subsection 2, paragraph c, Code
2021, is amended to read as follows:
c. On the general election ballot the names of candidates
for the nonpartisan offices listed in section 39.21 shall
be arranged by drawing lots for position. The commissioner
shall hold the drawing on the first business day following the
deadline for filing of nomination certificates or petitions
with the commissioner for the general election pursuant to
section 44.4 sixty-eighth day prior to the first Tuesday after
the first Monday in November. If a candidate withdraws, dies,
or is removed from the ballot after the ballot position of
names has been determined, such candidate’s name shall be
removed from the ballot, and the order of the remaining names
shall not be changed.
Sec. 25. NEW SECTION. 49.42B Form of official ballot —
candidates for president and vice president.
When candidates for president and vice president of the
United States appear on the ballot, the following statement
shall appear directly above the section of the ballot listing
such candidates:
[A ballot cast for the named candidates for president and vice
president of the United States is considered to be cast for
the slate of presidential electors nominated by the political
party, nonparty political organization, or independent
candidate.]
Sec. 26. Section 49.43, subsection 2, Code 2021, is amended
to read as follows:
2. Constitutional amendments and other public measures may
shall be summarized by the commissioner as provided in sections
49.44 and 52.25.
-11- Sec. 27. Section 49.44, subsection 1, Code 2021, is amended
to read as follows:
1. When a proposed constitutional amendment or other public
measure to be decided by the voters of the entire state is to
be voted upon, the state commissioner shall prepare a written
summary of the amendment or measure including the number of
the amendment or statewide public measure assigned by the
state commissioner. The summary shall be printed immediately
preceding the text of the proposed amendment or measure on the
paper ballot or optical scan ballot referred to in section
49.43. If the complete text of the proposed amendment or
public measure will not fit on the ballot it shall be posted
inside the voting booth. A copy of the full text shall be
included with any absentee ballots.
Sec. 28. Section 49.53, subsection 1, Code 2021, is amended
to read as follows:
1. The commissioner shall not less than four nor more than
twenty days before the day of each election, except those for
which different publication requirements are prescribed by law,
publish notice of the election. The notice shall contain a
facsimile of the portion of the ballot containing the first
rotation as prescribed by section 49.31, subsection 2, and
shall show list the names of all candidates or nominees and the
office each seeks, and all public questions, to be voted upon
at the election. The sample ballot published as a part of the
notice may at the discretion of the commissioner be reduced in
size relative to the actual ballot but such reduction shall
not cause upper case letters appearing in candidates’ names or
in summaries of public measures on the published sample ballot
to be less than nine point type. The notice shall also state
the date of the election, the hours the polls will be open,
that each voter is required to provide identification at the
polling place before the voter can receive and cast a ballot,
the location of each polling place at which voting is to occur
in the election, and the names of the precincts voting at each
-12-polling place, but the statement need not set forth any fact
which is apparent from the portion of the ballot appearing as
a part of the same notice. The notice shall include the full
text of all public measures to be voted upon at the election.
The notice may contain one or more facsimiles of the portion
of the ballot containing the first rotation as prescribed by
section 49.31, subsection 2.
Sec. 29. Section 49.57, subsection 6, Code 2021, is amended
to read as follows:
6. A portion of the ballot shall include the words “Official
ballot”, the unique identification number or name assigned by
the commissioner to the ballot style, the date of the election,
and the impression facsimile or likeness of the county seal of
the county of the commissioner who has caused the ballot to be
printed pursuant to section 49.51.
Sec. 30. Section 49.58, subsection 1, Code 2021, is amended
to read as follows:
1. If any candidate nominated by a political party,
as defined in section 43.2, for the office of senator or
representative in the Congress of the United States, governor,
attorney general, or senator or representative in the general
assembly dies during the period beginning on the eighty-eighth
eighty-first day and ending at the time the polls close on the
last day before of the general election, or if any candidate
so nominated for the office of county supervisor dies during
the period beginning on the seventy-third seventy-fourth day
and ending at the time the polls close on the last day before
of the general election, the vote cast at the general election
for that office shall not be canvassed as would otherwise be
required by chapter 50. Instead, a special election shall be
held on the first Tuesday after the second Monday in December,
for the purpose of electing a person to fill that office.
Sec. 31. Section 49.75, Code 2021, is amended to read as
follows:
49.75 Oath.
-13- Before opening the polls, each of the board members shall
take the following oath:
I, A. B., do solemnly swear or affirm that I will
impartially, and to the best of my knowledge and ability,
perform the duties of precinct election official of this
election, and will studiously endeavor to prevent fraud,
deceit, and abuse in conducting the election.
I understand that as a precinct election official, I have
access to certain information that is considered confidential
and is protected under Code chapters 22, 39A, 48A, and 715C.
Due to this protected status, I agree to only release this
information in accordance with Iowa law.
Additionally, I understand that the prohibition on sharing
confidential information extends before and after the hours
that my assigned polling place is open.
Sec. 32. Section 49.78, subsection 4, Code 2021, is amended
to read as follows:
4. A person who is registered to vote but is unable
to present a form of identification under subsection 2 or
3 may establish identity and residency in the precinct by
written oath of a person who is also registered to vote in
the precinct. Before signing an oath under this subsection,
the attesting registered voter shall present to the precinct
election official proof of the voter’s identity as provided
in subsection 2 or 3. The attesting registered voter’s oath
shall attest to the stated identity of the person wishing to
vote and that the person is a current resident of the precinct.
The oath must be signed by the attesting registered voter in
the presence of the appropriate precinct election official.
A registered voter who has signed two oaths on election day
attesting to a person’s identity and residency as provided in
this subsection is prohibited from signing any further oaths as
provided in this subsection on that day.
Sec. 33. Section 49.81, Code 2021, is amended by adding the
following new subsection:
-14- NEW SUBSECTION. 6. If a person casts a provisional ballot
pursuant to this section or section 49.78, the voter must offer
the required proof of residency or identification to vote in
the polling place before the polls close on election day, or
to the commissioner’s office in order for the ballot to be
counted. The proof must be received by the commissioner not
later than noon on the Monday following the election, or if the
law authorizing the election specifies that the supervisors
canvass the votes earlier than the Monday following the
election, the proof must be received by the commissioner before
the canvass for that election by the board of supervisors.
Sec. 34. Section 49A.6, Code 2021, is amended to read as
follows:
49A.6 Certification — sample ballot.
The state commissioner of elections shall, not less than
sixty-nine sixty-three days preceding any election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state, transmit to the
county commissioner of elections of each county a certified
copy of the amendment or measure and a sample of the ballot to
be used in such cases, prepared in accordance with law.
Sec. 35. Section 50.11, subsection 1, Code 2021, is amended
to read as follows:
1. When the canvass is completed one of the precinct
election officials shall publicly announce the total number of
votes received by each of the persons voted for, the office for
which the person is designated, as announced by the designated
tally keepers, and the number of votes for, and the number of
votes against, any proposition which shall have been submitted
to a vote of the people. A precinct election official shall
may, at the request of the commissioner who is conducting
the election, communicate the election results by telephone
or and shall deliver the election results in person pursuant
to section 50.14 to the commissioner who is conducting the
election immediately upon completion of the canvass.
-15- Sec. 36. NEW SECTION. 50.14 Return of results.
When election results are delivered in person to the
commissioner who is conducting the election, the printed
results and memory device of the voting equipment shall be
returned to the commissioner on election night by two precinct
election officials who shall be of different political parties
in the case of a partisan election, or by a person designated
by the commissioner, including but not limited to a state or
local law enforcement officer. The printed results and memory
device shall be returned in a securely sealed envelope with the
signatures of all board members of the precinct placed across
the seal so that the envelope cannot be opened without breaking
the seal.
Sec. 37. Section 50.24, subsection 2, Code 2021, is amended
to read as follows:
2. Upon convening, the board shall open and canvass the
tally lists and shall prepare abstracts stating the number of
votes cast in the county, or in that portion of the county
in which the election was held, for each office and on each
question on the ballot for the election. The board shall
contact the chairperson of the special precinct board before
adjourning and include in the canvass any write-in votes
tallied and recorded by the special precinct board or any
absentee ballots which were received after the polls closed in
accordance with section 53.17 and which were canvassed by the
special precinct board after election day. The abstract shall
further indicate the name of each person who received votes for
each office on the ballot, and the number of votes each person
named received for that office, and the number of votes for and
against each question submitted to the voters at the election.
The votes of all write-in candidates who each received less
than five percent of the votes cast for an office or who
each received fewer than ten votes and was not determined to
be elected shall be reported collectively under the heading
“scattering”.
-16- Sec. 38. Section 50.51, subsection 5, Code 2021, is amended
to read as follows:
5. In advance of any all other election elections, the state
commissioner may shall order an audit of the election in the
manner provided in this section.
Sec. 39. Section 53.2, subsection 4, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) The name and signature of the registered voter and the
date on which the request was signed.
Sec. 40. Section 53.11, subsection 1, Code 2021, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. c. An otherwise valid petition for a
satellite absentee voting station shall be rejected within four
days of the commissioner’s receipt of the petition if any of
the following circumstances apply:
(1) The site requested is not accessible to elderly and
disabled voters.
(2) The site requested has other physical limitations that
make it impossible to meet the requirements for ballot security
and secret voting.
(3) The owner of the site refuses permission to locate the
satellite absentee voting station at the site requested by the
petition, unless the site is required to serve as a polling
place pursuant to section 49.21, subsection 2.
(4) After reasonable efforts, the commissioner is unable
to sufficiently staff the satellite absentee voting station to
ensure compliance with the law of this state.
NEW PARAGRAPH. d. An otherwise valid petition for a
satellite absentee voting station may be rejected within four
days of the commissioner’s receipt of the petition if any of
the following circumstances apply:
(1) The petition requests a satellite absentee voting
station for a city runoff election and a special election is
scheduled to be held between the date of the regular city
election and the city runoff election.
-17- (2) The owner of the site demands payment for the site’s
use, unless the site is required to serve as a polling place
pursuant to section 49.21, subsection 2.
Sec. 41. Section 53.11, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. Notwithstanding subsection 1, if the
commissioner receives valid petitions to establish two or more
satellite absentee voting stations located within the same
precinct, the commissioner may choose to establish a satellite
absentee voting station at only one of the locations.
Sec. 42. Section 53.17A, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. The state commissioner shall by February
26, 2024, include on the state commissioner’s internet site
an application through which a voter can track the voter’s
absentee ballot request form and absentee ballot. The
application shall provide all of the following information:
a. Whether the voter returned a ballot in person, by mail,
or by voting in person at a satellite location.
b. The date the absentee ballot request form was received by
the county commissioner.
c. The date the absentee ballot was mailed or given to the
voter.
d. The date the absentee ballot was received by the county
commissioner.
e. The date the county commissioner opened the outer
envelope.
f. Whether there is a problem with the absentee ballot
request form or absentee ballot that requires correction by the
voter, along with instructions for the voter to contact the
county commissioner as soon as possible to resolve the issue.
Sec. 43. Section 53.33, as enacted by 2021 Iowa Acts, Senate
File 413, section 65, is amended by striking the section and
inserting in lieu thereof the following:
53.33 Unlawful return of ballot.
-18- 1. For the purposes of this section:
a. “Delivery agent” means an individual registered to vote
in this state who has been designated to return a completed
absentee ballot to the commissioner by another registered
voter who is unable to return the registered voter’s own
absentee ballot due to reason of blindness or other disability.
“Delivery agent” does not include the registered voter’s
employer, an agent of the registered voter’s employer, an
officer or agent of the registered voter’s union, or a person
acting as an actual or implied agent for a political party
as defined in section 43.2, or a candidate or committee, as
defined in section 68A.102.
b. “Immediate family member” means an individual related to
a registered voter within the fourth degree of consanguinity
or affinity.
2. No person other than the registered voter, an individual
who lives in the same household as the registered voter, an
immediate family member of the registered voter, an individual
acting in accordance with section 53.22, or a delivery agent
acting on behalf of a registered voter who is unable to return
the registered voter’s own ballot due to reason of blindness or
other disability, shall collect and return a completed absentee
ballot.
3. A registered voter who is unable to return the registered
voter’s own completed absentee ballot due to reason of
blindness or any physical disability other than intoxication
may designate a delivery agent to return the registered voter’s
completed absentee ballot. The registered voter shall complete
and sign a designation of delivery agent form prescribed by the
state commissioner prior to surrendering a ballot to a delivery
agent.
4. A delivery agent shall return no more than two completed
absentee ballots per election. This limit shall apply to all
elections occurring on the same calendar date.
5. A delivery agent shall fill out a receipt pursuant
-19-to section 53.17, subsection 4, when retrieving a completed
absentee ballot from a registered voter.
6. A delivery agent shall collect the registered voter’s
designation of delivery agent form at the time the delivery
agent collects the registered voter’s completed absentee
ballot. The delivery agent shall deliver the registered
voter’s designation of delivery agent form to the commissioner
at the same time as the registered voter’s completed absentee
ballot.
7. Notwithstanding any provision of law to the contrary, a
delivery agent shall do all of the following when delivering a
completed absentee ballot to the commissioner:
a. Deliver the completed absentee ballot in person to the
commissioner’s office. The delivery agent shall not deliver
the completed absentee ballot by mail or to a ballot drop box.
b. Present identification sufficient to establish identity
pursuant to section 49.78.
c. On a form prescribed by the state commissioner, the
delivery agent shall provide the delivery agent’s full legal
name, residential address, phone number, and electronic mail
address, if applicable. The delivery agent shall also sign
under penalty of perjury a statement in substantially the
following form:
Under penalty of perjury, I hereby certify that I am a
registered voter in the State of Iowa and not the employer,
agent of the employer, or officer or agent of the union of
the registered voter whose completed absentee ballot I am
returning, or a person acting as an actual or implied agent for
a political party as defined in section 43.2, or a candidate
or committee, as defined in section 68A.102. I also certify
that I am acting as the delivery agent of the registered voter
whose completed absentee ballot I am returning, that I am
returning the registered voter’s completed absentee ballot to
the commissioner who issued the ballot, and that I have not
altered or tampered with the ballot. I acknowledge that Iowa
-20-law prohibits delivery agents from returning more than two
completed absentee ballots for all elections occurring on the
same date. I have complied with Iowa law. I understand that
if I provide false information on this form, I may be guilty of
perjury, a class “D” felony, and subject to a maximum prison
term not to exceed five years and a fine of at least $1,025 but
not more than $10,245.
Sec. 44. Section 53.37, subsection 2, Code 2021, is amended
to read as follows:
2. The term “armed forces of the United States”, as used in
this subchapter, shall mean the army, navy, marine corps, coast
guard, and air force, and space force of the United States.
Sec. 45. Section 53.49, Code 2021, is amended to read as
follows:
53.49 Applicable to armed forces and other citizens.
The provisions of this subchapter as to absent voting shall
apply only to absent voters in the armed forces of the United
States as defined for the purpose of absentee voting in section
53.37. The provisions of sections 53.1 through 53.34 53.33
shall apply to all other voters not members of the armed forces
of the United States.
Sec. 46. Section 54.9, Code 2021, is amended to read as
follows:
54.9 Compensation.
The electors shall each receive a compensation of
five dollars one-half of the federal general services
administration’s per diem rate for the relevant date and
location for every day’s attendance, and the same mileage as
members of the general assembly which shall be paid from funds
not otherwise appropriated from the general fund of the state.
Sec. 47. Section 99F.7, subsection 11, paragraph a, Code
2021, is amended to read as follows:
a. A license to conduct gambling games in a county shall
be issued only if the county electorate approves the conduct
of the gambling games as provided in this subsection. The
-21-board of supervisors, upon receipt of a valid petition meeting
the requirements of section 331.306, and subject to the
requirements of paragraph “e”, shall direct the commissioner of
elections to submit to the registered voters of the county a
proposition to approve or disapprove the conduct of gambling
games in the county. The proposition shall be submitted at an
election held on a date specified in section 39.2, subsection
4, paragraph “a”. To be submitted at a general election, the
petition must be received by the board of supervisors at least
five working days before the last day for candidates for county
offices to file nomination papers for the general election
pursuant to section 44.4. If a majority of the county voters
voting on the proposition favor the conduct of gambling games,
the commission may issue one or more licenses as provided in
this chapter. If a majority of the county voters voting on
the proposition do not favor the conduct of gambling games, a
license to conduct gambling games in the county shall not be
issued.
Sec. 48. Section 277.4, subsection 4, Code 2021, is amended
to read as follows:
4. Any person on whose behalf nomination petitions have
been filed under this section may withdraw as a candidate by
filing a signed statement to that effect with the secretary at
any time prior to 5:00 p.m.on the thirty-fifth day before the
election consistent with section 44.9, subsection 5.
Sec. 49. Section 331.552, subsection 4, Code 2021, is
amended to read as follows:
4. Keep the official county seal provided by the county.
The official seal shall be an impression seal on the face of
which shall appear the name of the county, the word “county”,
which may be abbreviated, and the word “Iowa”. A county shall
have only one official county seal.
Sec. 50. Section 347.25, subsection 1, Code 2021, is amended
to read as follows:
1. The election of hospital trustees whose offices are
-22-established by this chapter or chapter 145A or 347A shall
take place at the general election on ballots which shall
not reflect a nominee’s political affiliation. Nomination
shall be made by petition in accordance with chapter 45. The
petition form shall be furnished by the county commissioner
of elections, shall be signed by fifty eligible electors of
the county, and shall be filed with the county commissioner
of elections at least sixty-nine days before the date of
the election. A plurality is sufficient to elect hospital
trustees.
Sec. 51. Section 376.5, Code 2021, is amended to read as
follows:
376.5 Publication of ballot.
Notice containing a copy of the ballot for each regular,
special, primary, or runoff city election must shall be
published by the county commissioner of elections as provided
in section 362.3, except that notice of a regular, primary, or
runoff election may be published not less than four days before
the date of the election. The published notice must contain
list the names of all candidates, and may not contain any party
designations. The published notice must contain include any
question to be submitted to the voters. The notice may contain
one or more facsimiles of the portion of the ballot containing
the first arrangement of candidates as prescribed by section
49.31, subsection 2.
Sec. 52. REPEAL. Sections 43.80 and 53.34, Code 2021, are
repealed.
Sec. 53. REPEAL. 2017 Iowa Acts, chapter 155, section 1,
is repealed.
Sec. 54. EFFECTIVE DATE.
1. Except as otherwise provided, this Act, being deemed of
immediate importance, takes effect upon enactment.
2. The following take effect January 1, 2022:
a. The section of this Act amending section 43.11,
subsection 1.
-23- b. The section of this Act amending section 43.16,
subsection 2, paragraph “b”.
c. The section of this Act amending section 43.24,
subsection 1, paragraph “b”, subparagraph (2).
d. The section of this Act amending section 43.78,
subsection 2.
e. The section of this Act amending section 43.79.
f. The section of this Act amending section 44.4, subsection
2, paragraph “a”, subparagraphs (1) and (2).
g. The section of this Act amending section 44.9,
subsections 1 and 2.
h. The section of this Act amending section 44.11.
i. The section of this Act amending section 45.1,
subsections 5, 6, 8, and 9.
j. The section of this Act amending section 49.58,
subsection 1.
k. The section of this Act amending section 50.51,
subsection 5.
-24-______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 568, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2021______________________________
KIM REYNOLDSGovernorss/jh/mb/mb