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Senate File 2343 - IntroducedA Bill ForAn Act 1relating to the conduct of elections, including
2provisions related to absentee ballots, recounts, and
3contested gubernatorial elections and impeachments, making
4penalties applicable, and including effective date and
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.20, subsection 1, Code 2022, is
2amended to read as follows:
31. a. Except as provided in paragraph “b”, nomination
4 Nomination papers shall be signed by eligible electors as
5provided in section 45.1.
6b. Nomination papers for an office to be filled by the
7voters of the county or for the office of county supervisor
8elected from a district within the county, shall be signed
9by at least two percent of the party vote in the county or
10supervisor district, as shown by the last general election, or
11by at least one hundred persons, whichever is less.
12 Sec. 2. Section 43.56, subsection 1, paragraph c, Code 2022,
13is amended to read as follows:
14c. A third person mutually agreeable to the board members
15designated by the candidates One person who is a precinct
16election official selected by the chief judge of the judicial
17district in which the canvass occurs at or before the time the
18board is required to convene.
19 Sec. 3. Section 43.78, subsection 5, paragraph b, Code 2022,
20is amended to read as follows:
21b. In the office of the appropriate commissioner, at least
22sixty-four sixty-seven days before the date of the election.
23 Sec. 4. Section 43.92, Code 2022, is amended to read as
24follows:
2543.92 Date of caucus published.
261. The date, time, and place of each precinct caucus of a
27political party shall be published at least twice in at least
28one newspaper of general circulation in the precinct. The
29first publication shall be made not more than fifteen days nor
30less than seven days before the date of the caucus and the
31second shall be made not more than seven days before and not
32later than the date of the caucus. Such publication shall
33also state in substance that each voter affiliated with the
34specified political party may attend the precinct caucus.
35Publication in a news item or advertisement in such newspaper
-1-1shall constitute publication for the purposes of this section.
2The cost of such publication, if any, shall be paid by the
3political party.
42. a. In lieu of the requirement to publish a notice in a
5newspaper of general circulation in the precinct, a political
6party may publish the notice in its entirety on the political
7party’s internet site, if the political party maintains an
8internet site. The notice shall include all information
9otherwise required to be contained in the publication and
10shall comply with all requirements relating to the date of
11publication.
12b. In posting and maintaining a notice on a political
13party’s internet site, the political party shall satisfy all
14of the following requirements:
15(1) The internet site shall be available and easily
16accessible at all times by the public.
17(2) The public shall not be charged for access to any notice
18posted on the internet site pursuant to this subsection.
19(3) The notice shall be maintained and accessible through
20the same internet site address for as long as required by law
21or as long as such information is customarily maintained by the
22political party, whichever is longer.
23c. Compliance with the requirements of this subsection
24shall constitute compliance with the newspaper publication
25requirements in subsection 1.
26 Sec. 5. NEW SECTION. 49.17 Conduct of elections — funding.
271. The state commissioner or a county commissioner or
28political subdivision of the state shall only accept funding
29from the following sources for the purposes of conducting an
30election:
31a. Lawful appropriations of public funds from the government
32of the United States.
33b. Lawful appropriations of public funds from the state of
34Iowa.
35c. Lawful appropriations of public funds from a political
-2-1subdivision of the state for the conduct of an election in the
2political subdivision.
32. The state commissioner, a county commissioner, or a
4political subdivision of the state shall not accept or expend
5a grant, gift, or other source of funding from a source other
6than those listed in subsection 1, including from a private
7person, corporation, partnership, political party, nonparty
8political organization, committee as defined in section
968A.102, or other organization for the purpose of conducting
10an election.
113. This section does not prohibit the state commissioner or
12a county commissioner or political subdivision from issuing and
13collecting fees as otherwise provided by law.
144. This section does not apply to the contribution of a
15building for use as a polling place pursuant to section 49.21.
16 Sec. 6. Section 49.53, subsection 1, Code 2022, is amended
17to read as follows:
181. The commissioner shall not less than four nor more
19than twenty thirty days before the day of each election,
20except those for which different publication requirements are
21prescribed by law, publish notice of the election. The notice
22shall list the names of all candidates or nominees and the
23office each seeks, and all public questions, to be voted upon
24at the election. The notice shall also state the date of the
25election, the hours the polls will be open, that each voter is
26required to provide identification at the polling place before
27the voter can receive and cast a ballot, the location of each
28polling place at which voting is to occur in the election, and
29 the names of the precincts voting at each polling place, the
30date the election will be audited pursuant to section 50.51,
31the location of the audit, and the hours during which the
32election will be audited. The notice shall include the full
33text of all public measures to be voted upon at the election.
34The notice may contain one or more facsimiles of the portion
35of the ballot containing the first rotation as prescribed by
-3-1section 49.31, subsection 2.
2 Sec. 7. NEW SECTION. 49.76A Electronic election register.
31. The commissioner may use an electronic election register
4in lieu of a paper register if the electronic election register
5is a product that has been certified for use in this state by
6the state commissioner.
72. The state commissioner shall adopt rules pursuant to
8chapter 17A for the implementation of this section.
9 Sec. 8. Section 50.11, subsection 1, Code 2022, is amended
10to read as follows:
111. When the canvass is completed one of the precinct
12election officials shall, upon request of a person at the
13precinct, publicly announce the total number of votes received
14by each of the persons voted for, the office for which the
15person is designated, as announced by the designated tally
16keepers, and the number of votes for, and the number of votes
17against, any proposition which shall have been submitted to a
18vote of the people. A precinct election official may, at the
19request of the commissioner who is conducting the election,
20communicate the election results by telephone and shall deliver
21the election results in person pursuant to section 50.14 to the
22commissioner who is conducting the election immediately upon
23completion of the canvass.
24 Sec. 9. Section 50.12, Code 2022, is amended to read as
25follows:
2650.12 Return and preservation of ballots.
27Immediately after making the proclamation, and before
28separating, the board members of each precinct in which votes
29have been received by paper ballot shall enclose in an envelope
30or other container all ballots which have been counted by them,
31except those endorsed “Rejected as double”, “Defective”, or
32“Objected to”, and securely seal the envelope. The signatures
33of all board members of the precinct shall be placed across
34the seal or the opening of the container so that it cannot
35be opened without breaking the seal. The precinct election
-4-1officials shall return all the ballots to the commissioner,
2who shall carefully preserve them for six months. Ballots
3from elections for federal offices shall be preserved for
4twenty-two months. The sealed packages containing voted
5ballots shall be opened only for an official recount authorized
6by section 50.48, or 50.49, or 50.50, for an election contest
7held pursuant to chapters 57 through 62, to conduct an audit
8pursuant to section 50.50 or 50.51, or to destroy the ballots
9pursuant to section 50.19.
10 Sec. 10. Section 50.15A, Code 2022, is amended to read as
11follows:
1250.15A Unofficial results of voting — general election only.
131. In order to provide the public with an early source
14of election results before the official canvass of votes,
15the state commissioner of elections, in cooperation with the
16commissioners of elections, shall conduct an unofficial canvass
17of election results following the closing of the polls on
18the day of a regular city election, regular school election,
19primary election, and general election. The unofficial
20canvass shall report election results for national offices,
21statewide offices, the office of state representative, the
22office of state senator, and other offices or public measures
23at the discretion of the state commissioner of elections.
24The unofficial canvass shall also report the total number of
25ballots cast at the general election.
262. a. After the polls close on election day, the
27commissioner of elections shall periodically provide election
28results to the state commissioner of elections as the precincts
29in the county report election results to the commissioner
30pursuant to section 50.11. If the commissioner determines
31that all precincts will not report election results before
32the office is closed, the commissioner shall report the most
33complete results available prior to leaving the office at the
34time the office is closed as provided in section 50.11. The
35commissioner shall specify the number of precincts included in
-5-1the report to the state commissioner of elections and provide
2an explanation in writing as to why all precincts will not be
3reported.
4b. The state commissioner of elections shall tabulate
5unofficial election results as the results are received from
6the commissioners of elections and shall periodically make the
7reports of the results available to the public.
83. Before the day of the general election, the state
9commissioner of elections shall provide a form and instructions
10for reporting unofficial election results pursuant to this
11section.
12 Sec. 11. Section 50.24, subsections 1 and 4, Code 2022, are
13amended to read as follows:
141. The county board of supervisors shall meet to canvass
15the vote on the first Monday or Tuesday after the day of
16each election to which this chapter is applicable, unless
17the law authorizing the election specifies another date for
18the canvass. If that Monday or Tuesday is a public holiday,
19section 4.1, subsection 34, controls.
204. For a regular or special city election or a city runoff
21election, if the city is located in more than one county, the
22controlling commissioner for that city under section 47.2 shall
23conduct a second canvass on the second Monday or Tuesday after
24the day of the election. However, if a recount is requested
25pursuant to section 50.48, the controlling commissioner shall
26conduct the second canvass within two business days after the
27conclusion of the recount proceedings. Each commissioner
28conducting a canvass for the city pursuant to subsection 1
29shall transmit abstracts for the offices and public measures of
30that city to the controlling commissioner for that city, along
31with individual tallies for each write-in candidate. At the
32second canvass, the county board of supervisors of the county
33of the controlling commissioner shall canvass the abstracts
34received pursuant to this subsection and shall prepare a
35combined city abstract stating the number of votes cast in the
-6-1city for each office and on each question on the ballot for
2the city election. The combined city abstract shall further
3indicate the name of each person who received votes for each
4office on the ballot, the number of votes each person named
5received for that office, and the number of votes for and
6against each question submitted to the voters at the election.
7The votes of all write-in candidates who each received less
8than five percent of the total votes cast in the city for
9an office shall be reported collectively under the heading
10“scattering”.
11 Sec. 12. Section 50.24, subsection 5, paragraph a, Code
122022, is amended to read as follows:
13a. For a regular or special school election, if the school
14district is located in more than one county, the controlling
15commissioner for that school district under section 47.2 shall
16conduct a second canvass on the second Monday or Tuesday after
17the day of election. However, if a recount is requested
18pursuant to section 50.48, the controlling commissioner shall
19conduct the second canvass within two business days after the
20conclusion of the recount proceedings. Each commissioner
21conducting a canvass for the school district pursuant to
22subsection 1 shall transmit abstracts for the offices and
23public measures of that school district to the controlling
24commissioner for that school district, along with individual
25tallies for each write-in candidate. At the second canvass the
26county board of supervisors of the controlling county shall
27canvass the abstracts received pursuant to this subsection and
28shall prepare a combined school district abstract stating the
29number of votes cast in the school district for each office and
30on each question on the ballot for the school election. The
31combined school district abstract shall further indicate the
32name of each person who received votes for each office on the
33ballot, the number of votes each person named received for that
34office, and the number of votes for and against each question
35submitted to the voters at the election. The votes of all
-7-1write-in candidates who each received less than five percent of
2the total votes cast in the school district for an office shall
3be reported collectively under the heading “scattering”.
4 Sec. 13. Section 50.48, subsection 1, paragraphs a and b,
5Code 2022, are amended to read as follows:
6a. The county board of canvassers shall order a recount of
7the votes cast for a particular office or nomination in one
8or more specified all election precincts in that county if a
9written request for a recount is made not later than 5:00 p.m.
10on the third second day following the county board’s canvass
11of the election in question. For a city runoff election held
12pursuant to section 376.9, the written request must be made not
13later than 5:00 p.m.on the day following the county board’s
14canvass of the city runoff election. A written request for a
15recount shall indicate whether the recount shall be conducted
16only using automatic tabulating equipment or by a hand recount
17following the use of automatic tabulating equipment. If a
18candidate requests a hand recount in one county, the candidate
19shall also request a hand recount in each county at which the
20candidate requests a recount. The request shall be filed with
21the commissioner of that county and shall be signed by either
22of the following:
23(1) A candidate for that office or nomination whose name
24was printed on the a ballot of the precinct or precincts in the
25county where the recount is requested.
26(2) Any other person who receives votes for that particular
27office or nomination in the precinct or precincts county where
28the recount is requested and who is legally qualified to seek
29and to hold the office in question.
30b. Immediately upon receipt of a request for a recount,
31the commissioner shall send a copy of the request to the
32apparent winner by certified mail and the state commissioner
33by electronic mail. The commissioner shall also attempt to
34contact the apparent winner by telephone. If the apparent
35winner cannot be reached within four three days, the
-8-1chairperson of the political party or organization which
2nominated the apparent winner shall be contacted and shall act
3on behalf of the apparent winner, if necessary. For candidates
4for state or federal offices, the chairperson of the state
5party shall be contacted. For candidates for county offices,
6the county chairperson of the party shall be contacted.
7 Sec. 14. Section 50.48, subsection 2, Code 2022, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. (1) Upon receipt of a written request
10for a hand recount involving a state office, including a seat
11in the general assembly, a seat in the United States Congress,
12or electors for president or vice president, forwarded by
13the commissioner, the state commissioner shall verify that
14each request for a recount for that office submitted by that
15candidate included a request for a hand recount. For each
16request that did not include a request for a hand recount, the
17state commissioner shall assess a civil penalty of one hundred
18dollars against the candidate. The civil penalty shall first
19be deducted from the bond filed by the candidate.
20(2) Upon verification that a candidate for a state office,
21including a seat in the general assembly, a seat in the United
22States Congress, or electors for president or vice president,
23submitted a written request for hand recount in at least one
24but not all counties, the state commissioner shall, within six
25days following the county canvass of the election, inform each
26commissioner at which a hand recount was not requested that a
27hand recount shall be performed pursuant to this section.
28 Sec. 15. Section 50.48, subsections 3 and 4, Code 2022,
29are amended by striking the subsections and inserting in lieu
30thereof the following:
313. a. The recount shall be conducted by a board which shall
32consist of one of the following:
33(1) For a county with a population of fewer than fifteen
34thousand people according to the most recent federal decennial
35census:
-9- 1(a) A designee of the candidate requesting the recount,
2who shall be named in the written request when the request is
3filed.
4(b) A designee of the apparent winning candidate, who shall
5be named by the candidate at or before the time the board is
6required to convene.
7(c) A member who is a precinct election official selected by
8the chief judge of the judicial district in which the canvass
9occurs at or before the time the board is required to convene.
10(2) For a county with a population of at least fifteen
11thousand but fewer than fifty thousand people according to the
12most recent federal decennial census:
13(a) A designee of the candidate requesting the recount,
14who shall be named in the written request when the request is
15filed.
16(b) A designee of the apparent winning candidate, who shall
17be named by the candidate at or before the time the board is
18required to convene.
19(c) Three members who are precinct election officials
20selected by the chief judge of the judicial district in which
21the canvass occurs at or before the time the board is required
22to convene.
23(3) For a county with a population of fifty thousand people
24or greater:
25(a) Two designees of the candidate requesting the recount,
26who shall be named in the written request when the request is
27filed.
28(b) Two designees of the apparent winning candidate, who
29shall be named by the candidate at or before the time the board
30is required to convene.
31(c) Three members who are precinct election officials
32selected by the chief judge of the judicial district in which
33the canvass occurs at or before the time the board is required
34to convene.
35b. Members appointed to the recount board by the chief judge
-10-1shall be selected consistent with section 49.13, subsection 2,
2for partisan offices and section 49.12 for nonpartisan offices.
3c. The commissioner shall convene the persons designated
4under paragraph “a” not later than 9:00 a.m.on the sixth
5day following the county board’s canvass of the election in
6question.
74. When all members of the recount board have been selected,
8the board shall undertake and complete the required recount as
9expeditiously as reasonably possible in the following manner:
10a. The commissioner shall inform the board whether the
11candidate has requested a hand recount. The commissioner
12or the commissioner’s designee shall supervise the handling
13of ballots to ensure that the ballots are protected from
14alteration or damage.
15b. The board shall direct the commissioner to retabulate
16the ballots using the automatic tabulating equipment. The same
17program used for tabulating the votes on election day shall be
18used at the recount unless the program is believed or known to
19be flawed.
20c. The board shall recount only the ballots which were voted
21and counted for the office in question, including any disputed
22ballots returned as required in section 50.5.
23d. After retabulating the ballots as provided in paragraph
24“b”, the board shall compare the printed results of the
25tabulation equipment to the abstract prepared pursuant to the
26county board’s canvass. The board shall note any discrepancies
27between the two results.
28e. If the candidate’s written request included a request
29for a hand recount, the board shall separate the ballots into
30piles: one for each candidate, one for write-in votes, and
31one for ballots considered an over or under count. The board
32shall review and tabulate the ballots in each pile as provided
33in section 49.98. The board shall compare the hand recount
34results to the printed results of the tabulation equipment and
35the abstract. If there are discrepancies between the three
-11-1results, then the results of the hand recount shall control.
2f. The ballots shall be resealed by the recount board before
3adjournment and shall be preserved as required by section
450.12.
5 Sec. 16. Section 50.48, subsection 5, Code 2022, is amended
6to read as follows:
75. a. At the conclusion of the recount, the recount board
8shall make and file with the commissioner a written report of
9its findings signed by a majority of the recount board. The
10commissioner or commissioner’s designee may assist in compiling
11the written report. The written report shall include a full
12tally and accounting of ballots reviewed by the recount board
13and shall be reported as required by sections 50.24 and 53.20.
14The written report must allow the commissioner to correct the
15canvass of voters in the manner required by law, if applicable.
16b. If the recount board’s report is that the abstracts
17prepared pursuant to the county board’s canvass were incorrect
18as to the number of votes cast for the candidates for the
19office or nomination in question, in that county or district,
20the commissioner shall at once so notify the county board. The
21county board shall reconvene within three days after being so
22notified, but no later than noon on the twenty-seventh day
23following the election in question for a recount of the offices
24of president and vice president, and shall correct its previous
25proceedings.
26c. The recount board shall complete the recount and file its
27report as follows:
28(1) For the offices of president and vice president, not
29later than the seventeenth day following the county board’s
30canvass of the election in question.
31(2) For a state office, including a seat in the general
32assembly, or a seat in the United States Congress, not later
33than the twenty-first day following the county board’s canvass
34of the election in question.
35(3) For any other office, not later than the thirteenth
-12-1day following the county board’s canvass of the election in
2question.
3 Sec. 17. Section 50.49, subsection 1, Code 2022, is amended
4by striking the subsection and inserting in lieu thereof the
5following:
61. a. A recount for any public measure shall be ordered
7by the board of canvassers if a petition requesting a recount
8is filed with the county commissioner of a county at which
9the question appeared on the ballot not later than two days
10after the completion of the canvass of voters for the election.
11The petition for a recount shall indicate whether the recount
12shall be conducted only using automatic tabulating equipment
13or by a hand recount following the use of automatic tabulating
14equipment. If a petition requests a hand recount in one
15county, the petition shall also request a hand recount in each
16county in which the petition is filed. A petition must be
17filed by the person submitting the petition in each county
18in which the public measure appeared on the ballot. If the
19petition is not filed by the person submitting the petition in
20each county in which the public measure appeared on the ballot,
21a recount shall not be conducted.
22b. The petition must be signed by the greater of ten
23eligible electors or a number of eligible electors equaling
24one percent of the total number of votes cast upon the public
25measure in the county. Each person signing the petition must
26be a person who was entitled to vote on the public measure in
27question or would have been so entitled if registered to vote.
28c. Immediately upon receipt of a petition for a recount,
29the commissioner shall send a copy of the petition to the
30state commissioner by electronic mail. The state commissioner
31shall confirm that a petition was filed in every county the
32public measure appeared on the ballot prior to the convening of
33the recount board. The state commissioner shall also verify
34whether each petition for a recount included a request for
35a hand recount. If the state commissioner verifies that a
-13-1petition included a request for a hand recount in at least one
2but not all counties, the state commissioner shall, prior to
3convening of the recount board, inform each commissioner at
4which a hand recount was not requested that a hand recount
5shall be performed.
6 Sec. 18. Section 50.49, subsection 2, paragraph b, Code
72022, is amended by striking the paragraph and inserting in
8lieu thereof the following:
9b. Two members who are precinct election officials selected
10by the chief judge of the judicial district in which the
11canvass occurs at or before the time the board is required to
12convene. The members shall be selected consistent with section
1349.12.
14 Sec. 19. Section 50.49, subsection 2, paragraph c, Code
152022, is amended by striking the paragraph.
16 Sec. 20. Section 50.49, subsection 3, Code 2022, is amended
17by striking the subsection and inserting in lieu thereof the
18following:
193. The commissioner shall convene the recount board not
20later than 9:00 a.m.on the sixth day following the county
21board’s canvass of the election in question.
22 Sec. 21. Section 50.50, Code 2022, is amended to read as
23follows:
2450.50 Administrative recounts audits.
251. The commissioner who was responsible for conducting an
26election may request an administrative recount audit when the
27commissioner is informed or suspects that voting equipment used
28in the election malfunctioned or that programming errors may
29have affected the outcome of the election, or if the precinct
30election officials report counting errors to the commissioner
31after the conclusion of the canvass of votes in the precinct.
32An administrative recount audit shall be conducted by the board
33of the special precinct established by section 53.23. Bond
34shall not be required for an administrative recount. The
35state commissioner may adopt rules for administrative recounts
-14-1 audits.
22. If the recount board finds that there is an error
3in the programming of any voting equipment which may have
4affected the outcome of the election for any office or public
5measure on the ballot, the recount board shall describe the
6errors in its report to the commissioner. The commissioner
7shall notify the board of supervisors. The supervisors shall
8determine whether to order an administrative recount for any
9or all of the offices and public measures on the ballot. Each
10political party, as defined in section 43.2 may appoint up
11to five observers to witness an audit conducted pursuant to
12this section. The observers shall be appointed by the county
13chairperson or, if the county chairperson fails to make an
14appointment, by the state chairperson. However, if either or
15both political parties fail to appoint an observer, the board
16may continue with the proceedings.
17 Sec. 22. Section 50.51, subsection 3, paragraph a, Code
182022, is amended by striking the paragraph.
19 Sec. 23. NEW SECTION. 53.1B Definitions.
20For purposes of this subchapter, unless the context
21otherwise requires:
221. “Affidavit envelope” means an envelope that includes
23a serial number and bears on the back an affidavit for a
24registered voter to mark the registered voter’s signature and
25voter verification number in a form prescribed by the state
26commissioner.
272. “Delivery envelope” means an envelope that bears on its
28face the name and address of the registered voter requesting an
29absentee ballot, the words “county commissioner of elections”,
30the address of the commissioner’s office, and the same serial
31number that appears on the affidavit envelope and return
32envelope.
333. “Return envelope” means an envelope that is addressed
34to the commissioner’s office, bears appropriate return postage
35or a postal permit guaranteeing that the commissioner will pay
-15-1the return postage, and includes the same serial number as the
2affidavit envelope and delivery envelope.
34. “Secrecy envelope” means an envelope, folder, or sleeve
4that hides all voting ovals on a ballot when folded.
5 Sec. 24. Section 53.8, subsection 1, Code 2022, is amended
6to read as follows:
71. a. Upon receipt of an application for an absentee ballot
8and immediately after the absentee ballots are printed, but not
9more than twenty days before the election, the commissioner
10shall mail an absentee ballot to the applicant within
11twenty-four hours, except as otherwise provided in subsection
123. The absentee ballot shall be sent to the registered voter
13by one of the following methods: enclosed in an unsealed
14affidavit envelope. The absentee ballot and affidavit envelope
15shall be enclosed in or with an unsealed return envelope. The
16absentee ballot, affidavit envelope, and return envelope shall
17be enclosed in the delivery envelope. If the ballot cannot
18be folded so that all the voting ovals on the ballot will be
19hidden, the commissioner shall also enclose a secrecy envelope
20with the absentee ballot.
21(1) The absentee ballot shall be enclosed in an unsealed
22envelope marked with a serial number and affidavit. The
23absentee ballot and affidavit envelope shall be enclosed in
24or with an unsealed return envelope marked postage paid which
25bears the same serial number as the affidavit envelope. The
26absentee ballot, affidavit envelope, and return envelope shall
27be enclosed in a third envelope to be sent to the registered
28voter. If the ballot cannot be folded so that all of the votes
29cast on the ballot will be hidden, the commissioner shall also
30enclose a secrecy envelope with the absentee ballot.
31(2) The absentee ballot shall be enclosed in an unsealed
32return envelope marked with a serial number and affidavit
33and marked postage paid. The absentee ballot and return
34envelope shall be enclosed in a second envelope to be sent
35to the registered voter. If the ballot cannot be folded so
-16-1that all of the votes cast on the ballot will be hidden, the
2commissioner shall also enclose a secrecy envelope with the
3absentee ballot.
4b. The affidavit shall be marked on the appropriate envelope
5in a form prescribed by the state commissioner of elections
6 registered voter requesting and receiving an absentee ballot
7shall subscribe to the affidavit by signing and marking the
8registered voter’s voter verification number on the affidavit
9envelope.
10c. All domestic return envelope flaps or backs shall also
11be printed or stamped with a notice of the deadline to return a
12completed absentee ballot and the manner to track the status of
13the ballot in a form prescribed by the state commissioner.
14c. d. For envelopes mailed at any election other than the
15primary election, the commissioner shall not mark any envelope
16with any information related to the party affiliation of the
17applicant.
18 Sec. 25. Section 53.10, subsection 2, paragraph a, Code
192022, is amended to read as follows:
20a. Each person who wishes to vote by absentee ballot at
21the commissioner’s office shall first sign an application for
22a ballot including the following information:name, current
23address, voter verification number, and the election for which
24the ballot is requested. The person may report a change of
25address or other information on the person’s voter registration
26record at that time. Prior to furnishing a ballot, the
27commissioner shall verify the person’s identity as provided
28in section 49.78. The registered voter shall immediately
29mark the ballot; enclose the ballot in a secrecy envelope,
30if necessary, and seal it the ballot in the envelope marked
31with the affidavit envelope; subscribe to the affidavit on
32the reverse side of the envelope by signing and marking the
33registered voter’s voter verification number; and return the
34sealed affidavit envelope containing the absentee ballot to
35the commissioner. The commissioner shall record the numbers
-17-1appearing on the application and affidavit envelope along with
2the name of the registered voter.
3 Sec. 26. Section 53.12, Code 2022, is amended by striking
4the section and inserting in lieu thereof the following:
553.12 Duty of commissioner.
6The commissioner shall affix to the application the same
7serial number that appears on the affidavit envelope, return
8envelope, and delivery envelope.
9 Sec. 27. Section 53.16, Code 2022, is amended by striking
10the section and inserting in lieu thereof the following:
1153.16 Subscribing to affidavit.
12After marking the ballot, the voter shall enclose the ballot
13in a secrecy envelope, if necessary, and seal the ballot in
14the affidavit envelope; subscribe to the affidavit by signing
15and marking the registered voter’s voter verification number;
16place the sealed affidavit envelope in the return envelope; and
17securely seal the return envelope.
18 Sec. 28. Section 53.17, subsection 1, unnumbered paragraph
191, Code 2022, is amended to read as follows:
20If the commissioner mailed the ballot pursuant to section
2153.8, subsection 1, paragraph “a”, subparagraph (1), the sealed
22envelope bearing the voter’s affidavit and containing the
23absentee ballot shall be enclosed in a return envelope which
24shall be securely sealed. If the commissioner mailed the
25ballot pursuant to section 53.8, subsection 1, paragraph “a”,
26subparagraph (2), the absentee ballot shall be enclosed in the
27return envelope which shall be securely sealed. The sealed
28return envelope shall be returned to the commissioner by one of
29the following methods:
30 Sec. 29. Section 53.18, subsections 2 and 3, Code 2022, are
31amended to read as follows:
322. If the commissioner receives the return envelope
33containing the completed absentee ballot by 5:00 p.m.on the
34Saturday before the election for general elections and by 5:00
35p.m.on the Friday before the election for all other elections,
-18-1the commissioner shall review the affidavit marked on the
2return envelope, if applicable, for completeness or shall open
3the return envelope to review the affidavit for completeness
4 open the return envelope, if applicable, and review the
5affidavit marked on the affidavit envelope for completeness.
6If the affidavit lacks the signature or voter verification
7number of the registered voter, the commissioner shall, within
8twenty-four hours of the receipt of the envelope, notify the
9voter of the deficiency and inform the voter that the voter may
10vote a replacement ballot as provided in subsection 3, cast a
11ballot as provided in section 53.19, subsection 3, or complete
12the affidavit in person at the office of the commissioner not
13later than the time polls close on election day.
143. If the affidavit envelope or the return envelope marked
15with the affidavit contains a defect that would cause the
16absentee ballot to be rejected by the absentee and special
17voters precinct board, the commissioner shall immediately
18notify the voter of that fact and that the voter’s absentee
19ballot shall not be counted unless the voter requests and
20returns a replacement ballot in the time permitted under
21section 53.17, subsection 2. For the purposes of this section,
22a return an affidavit envelope marked with the affidavit
23 shall be considered to contain a defect if it appears to
24the commissioner that the signature on the envelope has been
25signed by someone other than the registered voter, in comparing
26the signature on the envelope to the signature on record of
27the registered voter named on the envelope. A signature or
28marking made in accordance with section 39.3, subsection
2917, shall not be considered a defect for purposes of this
30section the voter verification number provided does not match
31the voter verification number associated with the voter’s
32voter registration. The voter may request a replacement
33ballot in person, in writing, or over the telephone. The
34same serial number that was assigned to the records of the
35original absentee ballot application shall be used on the
-19-1envelope envelopes and records of the replacement ballot. The
2affidavit envelope marked with the affidavit and containing
3the completed replacement ballot shall be marked “Replacement
4ballot”. The affidavit envelope marked with the affidavit and
5 containing the original ballot shall be marked “Defective” and
6the “Defective”. The replacement ballot shall be attached to
7such the affidavit envelope containing the original ballot and
8shall be stored in a secure place until they are delivered to
9the absentee and special voters precinct board, notwithstanding
10sections 53.26 and 53.27.
11 Sec. 30. Section 53.20, subsection 2, paragraph b, Code
122022, is amended to read as follows:
13b. For the primary election, general election election,
14 and for any election in which the commissioner determines in
15advance of the election to report the results of the special
16precinct by the resident precincts of the voters who cast
17absentee and provisional ballots, the commissioner shall
18prepare a separate absentee ballot style for each precinct
19in the county and shall program the voting system to produce
20reports by the resident precincts of the voters.
21 Sec. 31. Section 53.21, subsection 2, paragraph b, Code
222022, is amended to read as follows:
23b. The voter shall enclose one copy of the above statement
24in the return envelope along with the affidavit envelope, if
25the voter was mailed a separate affidavit envelope, and shall
26retain a copy for the voter’s records.
27 Sec. 32. Section 53.23, subsection 3, paragraph b,
28subparagraph (1), Code 2022, is amended to read as follows:
29(1) The commissioner may direct the board to meet on the day
30before the election for the purpose of reviewing the absentee
31voters’ affidavits appearing on the sealed envelopes. If in
32the commissioner’s judgment this procedure is necessary due
33to the number of absentee ballots received, the members of
34the board may open the sealed affidavit envelopes and remove
35the secrecy envelope containing the ballot, but under no
-20-1circumstances shall a secrecy envelope or a return an affidavit
2 envelope marked with an affidavit be opened before the board
3convenes on election day, except as provided in paragraph
4“c”. If the affidavit envelopes are opened before election
5day pursuant to this paragraph “b”, the observers appointed
6by each political party, as defined in section 43.2, shall
7witness the proceedings. Each political party may appoint up
8to five observers under this paragraph “b”. The observers
9shall be appointed by the county chairperson or, if the
10county chairperson fails to make an appointment, by the state
11chairperson. However, if either or both political parties fail
12to appoint an observer, the commissioner may continue with the
13proceedings.
14 Sec. 33. Section 53.23, subsection 5, Code 2022, is amended
15to read as follows:
165. The special precinct election board shall preserve the
17secrecy of all absentee and provisional ballots. After the
18affidavits on the affidavit envelopes have been reviewed and
19the qualifications of the persons casting the ballots have been
20determined, those that have been accepted for counting shall
21be opened. The ballots shall be removed from the affidavit
22envelopes or return envelopes marked with the affidavit, as
23applicable, without being unfolded or examined, and then shall
24be thoroughly intermingled, after which they shall be unfolded
25and tabulated. If secrecy folders or envelopes are used with
26provisional paper ballots, the ballots shall be removed from
27the secrecy folders envelopes after the ballots have been
28intermingled.
29 Sec. 34. Section 53.25, subsection 1, paragraph a, Code
302022, is amended to read as follows:
31a. If the absentee voter’s affidavit lacks the voter’s
32signature or voter verification number, if the applicant is
33not a duly registered voter on election day in the precinct
34where the absentee ballot was cast, if the affidavit envelope
35marked with the affidavit contains more than one ballot of any
-21-1one kind, or if the voter has voted in person, such vote shall
2be rejected by the absentee and special voters precinct board.
3If the affidavit envelope or return envelope marked with the
4affidavit is open, or has been opened and resealed, or if the
5ballot is not enclosed in such the affidavit envelope, and an
6affidavit envelope or return envelope marked with the affidavit
7with the same serial number and marked “Replacement ballot” is
8not attached as provided in section 53.18, the ballot shall be
9rejected by the absentee and special voters precinct board.
10 Sec. 35. Section 53.25, subsection 2, Code 2022, is amended
11to read as follows:
122. If the absentee or provisional ballot is rejected prior
13to the opening of the affidavit envelope or return envelope
14marked with the affidavit, the voter casting the ballot shall
15be notified by a precinct election official by the time the
16canvass is completed of the reason for the rejection on a form
17prescribed by the state commissioner of elections.
18 Sec. 36. Section 53.30, subsection 2, Code 2022, is amended
19to read as follows:
202. At the conclusion of each meeting of the absentee and
21special voters precinct board, the board shall securely seal
22all ballots counted by them in the manner prescribed in section
2350.12. The ballot envelopes, including the affidavit envelope
24if an affidavit envelope was provided, the return envelope, and
25secrecy envelope bearing the signatures of precinct election
26officials, as required by section 53.23, shall be preserved.
27All applications for absentee ballots, ballots rejected without
28being opened, absentee ballot logs, and any other documents
29pertaining to the absentee ballot process shall be preserved
30until such time as the documents may be destroyed pursuant to
31section 50.19.
32 Sec. 37. Section 53.32, Code 2022, is amended to read as
33follows:
3453.32 Ballot of deceased voter.
35When it shall be made to appear by due proof to the precinct
-22-1election officials that any elector, who has so marked and
2forwarded a ballot, has died before the envelope marked with
3the affidavit affidavit envelope is opened, then the ballot of
4such deceased voter shall be endorsed, “Rejected because voter
5is dead”, and be returned to the commissioner. The casting
6of the ballot of a deceased voter shall not invalidate the
7election.
8 Sec. 38. Section 58.4, subsections 1 and 2, Code 2022, are
9amended to read as follows:
101. The names of members of each house, except the presiding
11officer and the majority and minority leaders, written on
12similar paper tickets, shall be placed in a box, the names of
13the senators in their presence by their secretary, and the
14names of the representatives in their presence by their clerk.
152. The secretary of the senate in the presence of the
16senate, and the clerk of the house of representatives in
17the presence of the house, shall draw from their respective
18boxes the names of seven five members each. The majority and
19minority leaders of each house shall also serve on the contest
20court.
21 Sec. 39. Section 60.2, Code 2022, is amended to read as
22follows:
2360.2 Clerk.
24The secretary of state clerk of the supreme court shall be
25the clerk of the court, or, in the secretary of state’s clerk
26of the supreme court’s absence or inability to act, the clerk
27of the supreme court secretary of state.
28 Sec. 40. Section 61.2, Code 2022, is amended to read as
29follows:
3061.2 Clerk.
31The secretary of state clerk of the supreme court shall be
32the clerk of this court; but if the person holding that office
33is a party to the contest, the clerk of the supreme court, or,
34in case of that person’s absence or inability, the auditor of
35state shall be clerk, or, in the clerk of the supreme court’s
-23-1absence or inability to act, the secretary of state. If the
2person holding the office of secretary of state is a party to
3the contest, the auditor of state shall be clerk.
4 Sec. 41. Section 68.9, subsection 1, Code 2022, is amended
5to read as follows:
61. When an impeachment is presented, the senate shall, after
7the hour of final adjournment of the legislature as soon as
8practicable, be forthwith organized as a court of impeachment
9for the trial thereof, at the capitol.
10 Sec. 42. Section 69.14, Code 2022, is amended to read as
11follows:
1269.14 Special election to fill vacancies.
131. A special election to fill a vacancy shall be held for a
14representative in Congress, when Congress is in session or will
15convene prior to the next general election, or for a senator or
16representative in the general assembly, when the body in which
17such vacancy exists is in session, or the general assembly will
18convene prior to the next general election, and the governor
19shall order, not later than five days from the date the vacancy
20exists, a special election, giving not less than forty days’
21notice of such election.
222. In the event the special election is to fill a vacancy
23in the general assembly while it is in session or within
24forty-five days of the convening of any session, the time limit
25provided in this section shall not apply and the governor shall
26order such special election at the earliest practical time,
27giving at least eighteen days’ notice of the special election.
28Any special election called under this section must be held on
29a Tuesday and shall not be held on the same day as a school
30election within the district.
31 Sec. 43. Section 260C.15, subsection 5, Code 2022, is
32amended to read as follows:
335. The votes cast in the election shall be canvassed and
34abstracts of the votes cast shall be certified as required by
35section 277.20. In each county whose commissioner of elections
-24-1is the controlling commissioner for a merged area under section
247.2, the county board of supervisors shall convene on the
3second Monday or Tuesday after the day of the election to
4canvass the abstracts of votes cast from each county in the
5merged area, and declare the results of the voting. The
6commissioner shall at once issue certificates of election to
7each person declared elected, and shall certify to the merged
8area board in substantially the manner prescribed by section
950.27 the result of the voting on any public question submitted
10to the voters of the merged area. Members elected to the board
11of directors of a merged area shall qualify by taking the oath
12of office prescribed in section 277.28.
13 Sec. 44. Section 277.4, subsection 4, Code 2022, is amended
14to read as follows:
154. Any person on whose behalf nomination petitions have been
16filed under this section may withdraw as a candidate by filing
17a signed statement to that effect with the secretary consistent
18with section 44.9, subsection 5.
19 Sec. 45. EFFECTIVE DATE. Except as otherwise provided, this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22 Sec. 46. EFFECTIVE DATE. The following take effect January
231, 2023:
24The sections of this Act amending chapter 53.
25 Sec. 47. APPLICABILITY. The following shall not apply to
26primary elections conducted in 2022 unless this Act is enacted
27prior to March 23, 2022:
28The section of this Act amending section 43.20, subsection
291.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the conduct of elections.
34The bill provides that a political party that this
35required by statute to publish a notice of a precinct caucus
-25-1in a newspaper of general circulation may, in lieu of such
2requirement, publish the notice, action, or other information
3in its entirety on the political party’s internet site, if the
4political party maintains an internet site.
5The bill removes a requirement that nomination papers for
6an office to be filled by the voters of the county or for the
7office of county supervisor elected from a district within
8the county be signed by 2 percent of the party vote in the
9county or supervisor district, as shown by the last general
10election, or by at least 100 persons, whichever is less. Such
11petitions must be signed as provided in Code section 45.1.
12This change to the signature requirements does not apply to
13primary elections held in 2022 unless the bill is enacted prior
14to March 23, 2022.
15The bill changes the deadline for a person nominated to fill
16a ballot vacancy to withdraw by filing a notice in the office
17of the appropriate county commissioner of elections from 64
18days before the date of the election to 67 days before the date
19of the election.
20The bill allows the state commissioner of elections and a
21county commissioner of elections or political subdivision of
22the state to accept funding only from lawful appropriations
23of public funds from the government of the United States
24or the state of Iowa for the purposes of conducting an
25election, or from lawful appropriations of public funds
26from a political subdivision of the state for an election
27conducted in the political subdivision. The bill prohibits the
28state commissioner of elections and a county commissioner of
29elections or political subdivision from accepting or expending
30a grant, gift, or other source of funding from a private
31person, corporation, partnership, political party, nonparty
32political organization, committee, or other organization
33for the purpose of conducting an election. The prohibition
34does not apply to the contribution of a building for use
35as a polling place. The bill does not prohibit the state
-26-1commissioner or a county commissioner or political subdivision
2from issuing and collecting fees as otherwise provided by law.
3By operation of law, a person who willfully violates this
4provision of the bill is guilty of election misconduct in the
5fourth degree, a simple misdemeanor. A simple misdemeanor is
6punishable by confinement for no more than 30 days and a fine
7of at least $105 but not more than $855.
8The bill requires a notice for an election to include the
9date the election will be audited, the location of the audit,
10and the hours during which the election will be audited. The
11bill also changes the earliest date that notice of an election
12may be published from 20 to 30 days before the date of the
13election.
14The bill allows a county commissioner of elections to use
15an electronic election register in lieu of a paper register
16if the electronic election register is a product that has
17been certified for use in the state by the state commissioner
18of elections. The bill directs the state commissioner of
19elections to adopt rules regarding electronic election
20registers.
21The bill requires a precinct election official to publicly
22announce the results of a canvass only upon the request of
23a person at the precinct. Current law requires a precinct
24election official to always publicly announce the results of
25a canvass.
26The bill requires the state commissioner of elections, in
27cooperation with county commissioners of elections, to conduct
28an unofficial canvass of election results following the closing
29of polls for regular city, regular school, primary, and general
30elections. Current law requires an unofficial canvass only
31for general elections. If a county commissioner of elections
32determines that all precincts will not report results before
33the office is closed, the bill requires the county commissioner
34to provide a written explanation as to why.
35The bill removes the first Monday after an election as a
-27-1possible date for canvassing an election.
2The bill changes the deadline to request a recount from 5:00
3p.m.on the third day following the canvass of an election
4to 5:00 p.m.on the second day following the canvass of an
5election. The bill requires a recount request to include all
6precincts in a county instead of only specified counties. The
7bill also requires the request to include whether the candidate
8requests only a machine recount or a machine recount followed
9by a hand recount. If a candidate requests a hand recount
10in one county, the bill requires the candidate to request a
11hand recount in all counties in which the candidate requests
12a recount. The bill imposes a fine of $100 for each violation
13on a candidate who does not request a hand recount in all
14counties in which the candidate is required to do so. The
15state commissioner of elections shall then inform each other
16county to be recounted that a hand recount shall be conducted.
17The bill imposes similar requirements on recounts for public
18measures.
19The bill requires the county commissioner of elections to
20notify the state commissioner of elections by electronic mail
21when a recount is requested. If the apparent winning candidate
22in an election for which a recount has been requested cannot be
23contacted, the bill changes the deadline by which the county
24commissioner of elections must contact the chairperson of the
25political party or organization that nominated the apparent
26winner from four days after attempting to make contact to three
27days.
28The bill changes the composition of recount boards based
29on the population of the county. For a county of fewer than
3015,000 people, the board shall consist of a designee of the
31candidate requesting the recount, a designee of the apparent
32winning candidate, and a person who is a precinct election
33official selected by the chief judge of the judicial district
34in which the canvass occurs. For a county with a population
35between 15,000 and 49,999, the board shall consist of a
-28-1designee of the candidate requesting the recount, a designee
2of the apparent winning candidate, and three persons who are
3precinct election officials selected by the chief judge of the
4judicial district in which the canvass occurs. For a county
5with a population of 50,000 or greater, the board shall consist
6of two designees of the candidate requesting the recount, two
7designees of the apparent winning candidate, and three persons
8who are precinct election officials selected by the chief judge
9of the judicial district in which the canvass occurs. Members
10appointed by the chief judge for the recount of a partisan
11election shall not be comprised of more than one-third of
12persons who are not members of either of the two political
13parties whose candidates for president received the most or
14next-most votes at the last general election for a partisan
15election and not more than a simple majority of members
16appointed by a chief judge shall be from the same political
17party or organization.
18The bill makes a similar change for recounts requested
19in a primary election for an office for which no candidate
20has received the required 35 percent to be nominated. Under
21current law, the recount board consists of one person chosen
22by the candidate requesting the recount, one person chosen by
23the candidate receiving the highest number of votes excluding
24the requestor, and a third person mutually agreeable to the
25board members designated by the candidates. The bill provides
26that the third person is instead a precinct election official
27selected by the chief judge of the judicial district in which
28the canvass occurs.
29The bill requires a recount board to be convened no later
30than 9:00 a.m.on the sixth day following the canvass of
31the election. The commissioner shall then inform the board
32whether the candidate requested a hand recount. The board
33shall direct the commissioner to retabulate the ballots using
34the automatic tabulating equipment using the same program as
35was used to tabulate the votes on election day unless the
-29-1program is believed or known to be flawed. The board shall
2recount only the ballots which were voted and counted for
3the office in question, including disputed ballots. After
4retabulating, the board shall compare the results to the
5abstract prepared pursuant to the county board’s canvass and
6note any discrepancies. If the candidate requested a hand
7recount, the bill requires the ballots to be separated into
8categories and tabulated. The board shall then compare the
9results of the tabulation to the results of the canvass and the
10automatic recount. If there are discrepancies, the results of
11the hand recount shall control. The bill then requires the
12board to reseal and preserve the ballots.
13At the conclusion of the recount, the bill requires the board
14to make and file with the county commissioner of elections a
15report of its findings, signed by a majority of the board.
16The bill requires a recount board to include in its written
17report following the conclusion of a recount a full tally
18and accounting of ballots reviewed by the board. The report
19must allow the county commissioner of elections to correct the
20canvass of votes in the manner required by law, if applicable.
21The board shall file its report by 17 days after the canvass of
22an election for the offices of president and vice president,
23by 21 days after the canvass of an election for a state office
24or a seat in the United States Congress, and by 13 days after
25the canvass of any other election. The bill also requires
26the county board of elections to reconvene no later than 27
27days following a presidential election to correct any errors
28identified by the recount board.
29The bill requires a petition for a recount of an election
30for a public measure to be submitted not later than two days
31following the canvass of the votes for the measure rather
32than three days. The bill changes the makeup of the recount
33board for a public measure by removing a designee named by the
34commissioner and a person jointly selected by that person and
35a designee named in the petition requesting the recount and
-30-1replacing them with two election officials selected by the
2chief judge of the judicial district where the canvass occurs.
3The commissioner shall convene the recount board not later than
49:00 a.m.on the sixth day following the county board’s canvass
5of the election in question.
6Under current law, a county commissioner of elections may
7conduct an administrative recount if the commissioner suspects
8that voting equipment used in the election malfunctioned or
9that programming errors may have affected the outcome of the
10election, or if the precinct election officials report counting
11errors to the commissioner. The bill allows the county
12commissioner of elections to conduct an administrative audit if
13such circumstances exist. The bill allows political parties,
14defined in Code, to appoint observers to witness the audit.
15The bill requires an absentee ballot that is mailed to a
16voter to be enclosed in an unsealed affidavit envelope and with
17or in an unsealed return envelope, which shall then be enclosed
18in the delivery envelope. If the ballot cannot be folded so
19that all the voting ovals on the ballot will be hidden, the
20bill requires the commissioner to also send a secrecy envelope.
21The bill requires a registered voter to subscribe to an
22affidavit on an affidavit envelope by signing the envelope and
23writing the voter’s voter verification number. The bill also
24requires return envelopes to have printed on them the deadline
25to return the ballot and the manner to track the status of the
26ballot.
27The bill strikes a requirement that an affidavit envelope
28be considered to contain a defect if it appears to the county
29commissioner of elections that it was signed by a person other
30than the voter. The bill adds a requirement that an affidavit
31envelope be considered to contain a defect if the voter
32verification number on the envelope does not match the voter
33verification number on file for the voter.
34The bill requires the county commissioner of elections to
35prepare a separate absentee ballot style for each precinct in
-31-1the county and program the voting system to produce reports by
2the resident precincts of the voters for each primary election.
3The bill repeals certain requirements regarding what
4materials a commissioner shall include with an absentee ballot
5and instead requires a commissioner to put the same serial
6number on the affidavit, return, and delivery envelopes.
7The bill requires all mailed absentee ballots to include an
8affidavit envelope. The bill also requires the absentee and
9special voters precinct board to reject an absentee ballot
10if the affidavit envelope does not include the voter’s voter
11verification number.
12The bill changes the makeup of the contest court for a
13contested gubernatorial election to include five members each
14from the house and the senate and the majority and minority
15leaders of each chamber.
16The bill requires the senate to organize as a court of
17impeachment as soon as practicable after an impeachment is
18presented.
19The bill changes the clerk of a court of contest for
20presidential electors and congresspersons from the secretary
21of state to the clerk of the supreme court. If the clerk of
22the supreme court is absent or unable to act, the secretary of
23state shall be the clerk of the court. For elections for state
24officers, the bill changes the clerk of a contest court to the
25clerk of the supreme court. If the clerk of the supreme court
26is absent or unable to act, the secretary of state shall be the
27clerk of the court. However, if the secretary of state is a
28party to the contest, the auditor of state shall be the clerk
29of the court.
30The bill updates an internal reference regarding withdrawals
31of candidates for school district elections.
32The bill takes effect upon enactment, except that sections
33amending Code chapter 53 (absent voters) take effect on January
341, 2023.
-32-ss/jh
2provisions related to absentee ballots, recounts, and
3contested gubernatorial elections and impeachments, making
4penalties applicable, and including effective date and
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.20, subsection 1, Code 2022, is
2amended to read as follows:
31. a. Except as provided in paragraph “b”, nomination
4 Nomination papers shall be signed by eligible electors as
5provided in section 45.1.
6b. Nomination papers for an office to be filled by the
7voters of the county or for the office of county supervisor
8elected from a district within the county, shall be signed
9by at least two percent of the party vote in the county or
10supervisor district, as shown by the last general election, or
11by at least one hundred persons, whichever is less.
12 Sec. 2. Section 43.56, subsection 1, paragraph c, Code 2022,
13is amended to read as follows:
14c. A third person mutually agreeable to the board members
15designated by the candidates One person who is a precinct
16election official selected by the chief judge of the judicial
17district in which the canvass occurs at or before the time the
18board is required to convene.
19 Sec. 3. Section 43.78, subsection 5, paragraph b, Code 2022,
20is amended to read as follows:
21b. In the office of the appropriate commissioner, at least
22sixty-four sixty-seven days before the date of the election.
23 Sec. 4. Section 43.92, Code 2022, is amended to read as
24follows:
2543.92 Date of caucus published.
261. The date, time, and place of each precinct caucus of a
27political party shall be published at least twice in at least
28one newspaper of general circulation in the precinct. The
29first publication shall be made not more than fifteen days nor
30less than seven days before the date of the caucus and the
31second shall be made not more than seven days before and not
32later than the date of the caucus. Such publication shall
33also state in substance that each voter affiliated with the
34specified political party may attend the precinct caucus.
35Publication in a news item or advertisement in such newspaper
-1-1shall constitute publication for the purposes of this section.
2The cost of such publication, if any, shall be paid by the
3political party.
42. a. In lieu of the requirement to publish a notice in a
5newspaper of general circulation in the precinct, a political
6party may publish the notice in its entirety on the political
7party’s internet site, if the political party maintains an
8internet site. The notice shall include all information
9otherwise required to be contained in the publication and
10shall comply with all requirements relating to the date of
11publication.
12b. In posting and maintaining a notice on a political
13party’s internet site, the political party shall satisfy all
14of the following requirements:
15(1) The internet site shall be available and easily
16accessible at all times by the public.
17(2) The public shall not be charged for access to any notice
18posted on the internet site pursuant to this subsection.
19(3) The notice shall be maintained and accessible through
20the same internet site address for as long as required by law
21or as long as such information is customarily maintained by the
22political party, whichever is longer.
23c. Compliance with the requirements of this subsection
24shall constitute compliance with the newspaper publication
25requirements in subsection 1.
26 Sec. 5. NEW SECTION. 49.17 Conduct of elections — funding.
271. The state commissioner or a county commissioner or
28political subdivision of the state shall only accept funding
29from the following sources for the purposes of conducting an
30election:
31a. Lawful appropriations of public funds from the government
32of the United States.
33b. Lawful appropriations of public funds from the state of
34Iowa.
35c. Lawful appropriations of public funds from a political
-2-1subdivision of the state for the conduct of an election in the
2political subdivision.
32. The state commissioner, a county commissioner, or a
4political subdivision of the state shall not accept or expend
5a grant, gift, or other source of funding from a source other
6than those listed in subsection 1, including from a private
7person, corporation, partnership, political party, nonparty
8political organization, committee as defined in section
968A.102, or other organization for the purpose of conducting
10an election.
113. This section does not prohibit the state commissioner or
12a county commissioner or political subdivision from issuing and
13collecting fees as otherwise provided by law.
144. This section does not apply to the contribution of a
15building for use as a polling place pursuant to section 49.21.
16 Sec. 6. Section 49.53, subsection 1, Code 2022, is amended
17to read as follows:
181. The commissioner shall not less than four nor more
19than twenty thirty days before the day of each election,
20except those for which different publication requirements are
21prescribed by law, publish notice of the election. The notice
22shall list the names of all candidates or nominees and the
23office each seeks, and all public questions, to be voted upon
24at the election. The notice shall also state the date of the
25election, the hours the polls will be open, that each voter is
26required to provide identification at the polling place before
27the voter can receive and cast a ballot, the location of each
28polling place at which voting is to occur in the election, and
29 the names of the precincts voting at each polling place, the
30date the election will be audited pursuant to section 50.51,
31the location of the audit, and the hours during which the
32election will be audited. The notice shall include the full
33text of all public measures to be voted upon at the election.
34The notice may contain one or more facsimiles of the portion
35of the ballot containing the first rotation as prescribed by
-3-1section 49.31, subsection 2.
2 Sec. 7. NEW SECTION. 49.76A Electronic election register.
31. The commissioner may use an electronic election register
4in lieu of a paper register if the electronic election register
5is a product that has been certified for use in this state by
6the state commissioner.
72. The state commissioner shall adopt rules pursuant to
8chapter 17A for the implementation of this section.
9 Sec. 8. Section 50.11, subsection 1, Code 2022, is amended
10to read as follows:
111. When the canvass is completed one of the precinct
12election officials shall, upon request of a person at the
13precinct, publicly announce the total number of votes received
14by each of the persons voted for, the office for which the
15person is designated, as announced by the designated tally
16keepers, and the number of votes for, and the number of votes
17against, any proposition which shall have been submitted to a
18vote of the people. A precinct election official may, at the
19request of the commissioner who is conducting the election,
20communicate the election results by telephone and shall deliver
21the election results in person pursuant to section 50.14 to the
22commissioner who is conducting the election immediately upon
23completion of the canvass.
24 Sec. 9. Section 50.12, Code 2022, is amended to read as
25follows:
2650.12 Return and preservation of ballots.
27Immediately after making the proclamation, and before
28separating, the board members of each precinct in which votes
29have been received by paper ballot shall enclose in an envelope
30or other container all ballots which have been counted by them,
31except those endorsed “Rejected as double”, “Defective”, or
32“Objected to”, and securely seal the envelope. The signatures
33of all board members of the precinct shall be placed across
34the seal or the opening of the container so that it cannot
35be opened without breaking the seal. The precinct election
-4-1officials shall return all the ballots to the commissioner,
2who shall carefully preserve them for six months. Ballots
3from elections for federal offices shall be preserved for
4twenty-two months. The sealed packages containing voted
5ballots shall be opened only for an official recount authorized
6by section 50.48, or 50.49, or 50.50, for an election contest
7held pursuant to chapters 57 through 62, to conduct an audit
8pursuant to section 50.50 or 50.51, or to destroy the ballots
9pursuant to section 50.19.
10 Sec. 10. Section 50.15A, Code 2022, is amended to read as
11follows:
1250.15A Unofficial results of voting — general election only.
131. In order to provide the public with an early source
14of election results before the official canvass of votes,
15the state commissioner of elections, in cooperation with the
16commissioners of elections, shall conduct an unofficial canvass
17of election results following the closing of the polls on
18the day of a regular city election, regular school election,
19primary election, and general election. The unofficial
20canvass shall report election results for national offices,
21statewide offices, the office of state representative, the
22office of state senator, and other offices or public measures
23at the discretion of the state commissioner of elections.
24The unofficial canvass shall also report the total number of
25ballots cast at the general election.
262. a. After the polls close on election day, the
27commissioner of elections shall periodically provide election
28results to the state commissioner of elections as the precincts
29in the county report election results to the commissioner
30pursuant to section 50.11. If the commissioner determines
31that all precincts will not report election results before
32the office is closed, the commissioner shall report the most
33complete results available prior to leaving the office at the
34time the office is closed as provided in section 50.11. The
35commissioner shall specify the number of precincts included in
-5-1the report to the state commissioner of elections and provide
2an explanation in writing as to why all precincts will not be
3reported.
4b. The state commissioner of elections shall tabulate
5unofficial election results as the results are received from
6the commissioners of elections and shall periodically make the
7reports of the results available to the public.
83. Before the day of the general election, the state
9commissioner of elections shall provide a form and instructions
10for reporting unofficial election results pursuant to this
11section.
12 Sec. 11. Section 50.24, subsections 1 and 4, Code 2022, are
13amended to read as follows:
141. The county board of supervisors shall meet to canvass
15the vote on the first Monday or Tuesday after the day of
16each election to which this chapter is applicable, unless
17the law authorizing the election specifies another date for
18the canvass. If that Monday or Tuesday is a public holiday,
19section 4.1, subsection 34, controls.
204. For a regular or special city election or a city runoff
21election, if the city is located in more than one county, the
22controlling commissioner for that city under section 47.2 shall
23conduct a second canvass on the second Monday or Tuesday after
24the day of the election. However, if a recount is requested
25pursuant to section 50.48, the controlling commissioner shall
26conduct the second canvass within two business days after the
27conclusion of the recount proceedings. Each commissioner
28conducting a canvass for the city pursuant to subsection 1
29shall transmit abstracts for the offices and public measures of
30that city to the controlling commissioner for that city, along
31with individual tallies for each write-in candidate. At the
32second canvass, the county board of supervisors of the county
33of the controlling commissioner shall canvass the abstracts
34received pursuant to this subsection and shall prepare a
35combined city abstract stating the number of votes cast in the
-6-1city for each office and on each question on the ballot for
2the city election. The combined city abstract shall further
3indicate the name of each person who received votes for each
4office on the ballot, the number of votes each person named
5received for that office, and the number of votes for and
6against each question submitted to the voters at the election.
7The votes of all write-in candidates who each received less
8than five percent of the total votes cast in the city for
9an office shall be reported collectively under the heading
10“scattering”.
11 Sec. 12. Section 50.24, subsection 5, paragraph a, Code
122022, is amended to read as follows:
13a. For a regular or special school election, if the school
14district is located in more than one county, the controlling
15commissioner for that school district under section 47.2 shall
16conduct a second canvass on the second Monday or Tuesday after
17the day of election. However, if a recount is requested
18pursuant to section 50.48, the controlling commissioner shall
19conduct the second canvass within two business days after the
20conclusion of the recount proceedings. Each commissioner
21conducting a canvass for the school district pursuant to
22subsection 1 shall transmit abstracts for the offices and
23public measures of that school district to the controlling
24commissioner for that school district, along with individual
25tallies for each write-in candidate. At the second canvass the
26county board of supervisors of the controlling county shall
27canvass the abstracts received pursuant to this subsection and
28shall prepare a combined school district abstract stating the
29number of votes cast in the school district for each office and
30on each question on the ballot for the school election. The
31combined school district abstract shall further indicate the
32name of each person who received votes for each office on the
33ballot, the number of votes each person named received for that
34office, and the number of votes for and against each question
35submitted to the voters at the election. The votes of all
-7-1write-in candidates who each received less than five percent of
2the total votes cast in the school district for an office shall
3be reported collectively under the heading “scattering”.
4 Sec. 13. Section 50.48, subsection 1, paragraphs a and b,
5Code 2022, are amended to read as follows:
6a. The county board of canvassers shall order a recount of
7the votes cast for a particular office or nomination in one
8or more specified all election precincts in that county if a
9written request for a recount is made not later than 5:00 p.m.
10on the third second day following the county board’s canvass
11of the election in question. For a city runoff election held
12pursuant to section 376.9, the written request must be made not
13later than 5:00 p.m.on the day following the county board’s
14canvass of the city runoff election. A written request for a
15recount shall indicate whether the recount shall be conducted
16only using automatic tabulating equipment or by a hand recount
17following the use of automatic tabulating equipment. If a
18candidate requests a hand recount in one county, the candidate
19shall also request a hand recount in each county at which the
20candidate requests a recount. The request shall be filed with
21the commissioner of that county and shall be signed by either
22of the following:
23(1) A candidate for that office or nomination whose name
24was printed on the a ballot of the precinct or precincts in the
25county where the recount is requested.
26(2) Any other person who receives votes for that particular
27office or nomination in the precinct or precincts county where
28the recount is requested and who is legally qualified to seek
29and to hold the office in question.
30b. Immediately upon receipt of a request for a recount,
31the commissioner shall send a copy of the request to the
32apparent winner by certified mail and the state commissioner
33by electronic mail. The commissioner shall also attempt to
34contact the apparent winner by telephone. If the apparent
35winner cannot be reached within four three days, the
-8-1chairperson of the political party or organization which
2nominated the apparent winner shall be contacted and shall act
3on behalf of the apparent winner, if necessary. For candidates
4for state or federal offices, the chairperson of the state
5party shall be contacted. For candidates for county offices,
6the county chairperson of the party shall be contacted.
7 Sec. 14. Section 50.48, subsection 2, Code 2022, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. (1) Upon receipt of a written request
10for a hand recount involving a state office, including a seat
11in the general assembly, a seat in the United States Congress,
12or electors for president or vice president, forwarded by
13the commissioner, the state commissioner shall verify that
14each request for a recount for that office submitted by that
15candidate included a request for a hand recount. For each
16request that did not include a request for a hand recount, the
17state commissioner shall assess a civil penalty of one hundred
18dollars against the candidate. The civil penalty shall first
19be deducted from the bond filed by the candidate.
20(2) Upon verification that a candidate for a state office,
21including a seat in the general assembly, a seat in the United
22States Congress, or electors for president or vice president,
23submitted a written request for hand recount in at least one
24but not all counties, the state commissioner shall, within six
25days following the county canvass of the election, inform each
26commissioner at which a hand recount was not requested that a
27hand recount shall be performed pursuant to this section.
28 Sec. 15. Section 50.48, subsections 3 and 4, Code 2022,
29are amended by striking the subsections and inserting in lieu
30thereof the following:
313. a. The recount shall be conducted by a board which shall
32consist of one of the following:
33(1) For a county with a population of fewer than fifteen
34thousand people according to the most recent federal decennial
35census:
-9- 1(a) A designee of the candidate requesting the recount,
2who shall be named in the written request when the request is
3filed.
4(b) A designee of the apparent winning candidate, who shall
5be named by the candidate at or before the time the board is
6required to convene.
7(c) A member who is a precinct election official selected by
8the chief judge of the judicial district in which the canvass
9occurs at or before the time the board is required to convene.
10(2) For a county with a population of at least fifteen
11thousand but fewer than fifty thousand people according to the
12most recent federal decennial census:
13(a) A designee of the candidate requesting the recount,
14who shall be named in the written request when the request is
15filed.
16(b) A designee of the apparent winning candidate, who shall
17be named by the candidate at or before the time the board is
18required to convene.
19(c) Three members who are precinct election officials
20selected by the chief judge of the judicial district in which
21the canvass occurs at or before the time the board is required
22to convene.
23(3) For a county with a population of fifty thousand people
24or greater:
25(a) Two designees of the candidate requesting the recount,
26who shall be named in the written request when the request is
27filed.
28(b) Two designees of the apparent winning candidate, who
29shall be named by the candidate at or before the time the board
30is required to convene.
31(c) Three members who are precinct election officials
32selected by the chief judge of the judicial district in which
33the canvass occurs at or before the time the board is required
34to convene.
35b. Members appointed to the recount board by the chief judge
-10-1shall be selected consistent with section 49.13, subsection 2,
2for partisan offices and section 49.12 for nonpartisan offices.
3c. The commissioner shall convene the persons designated
4under paragraph “a” not later than 9:00 a.m.on the sixth
5day following the county board’s canvass of the election in
6question.
74. When all members of the recount board have been selected,
8the board shall undertake and complete the required recount as
9expeditiously as reasonably possible in the following manner:
10a. The commissioner shall inform the board whether the
11candidate has requested a hand recount. The commissioner
12or the commissioner’s designee shall supervise the handling
13of ballots to ensure that the ballots are protected from
14alteration or damage.
15b. The board shall direct the commissioner to retabulate
16the ballots using the automatic tabulating equipment. The same
17program used for tabulating the votes on election day shall be
18used at the recount unless the program is believed or known to
19be flawed.
20c. The board shall recount only the ballots which were voted
21and counted for the office in question, including any disputed
22ballots returned as required in section 50.5.
23d. After retabulating the ballots as provided in paragraph
24“b”, the board shall compare the printed results of the
25tabulation equipment to the abstract prepared pursuant to the
26county board’s canvass. The board shall note any discrepancies
27between the two results.
28e. If the candidate’s written request included a request
29for a hand recount, the board shall separate the ballots into
30piles: one for each candidate, one for write-in votes, and
31one for ballots considered an over or under count. The board
32shall review and tabulate the ballots in each pile as provided
33in section 49.98. The board shall compare the hand recount
34results to the printed results of the tabulation equipment and
35the abstract. If there are discrepancies between the three
-11-1results, then the results of the hand recount shall control.
2f. The ballots shall be resealed by the recount board before
3adjournment and shall be preserved as required by section
450.12.
5 Sec. 16. Section 50.48, subsection 5, Code 2022, is amended
6to read as follows:
75. a. At the conclusion of the recount, the recount board
8shall make and file with the commissioner a written report of
9its findings signed by a majority of the recount board. The
10commissioner or commissioner’s designee may assist in compiling
11the written report. The written report shall include a full
12tally and accounting of ballots reviewed by the recount board
13and shall be reported as required by sections 50.24 and 53.20.
14The written report must allow the commissioner to correct the
15canvass of voters in the manner required by law, if applicable.
16b. If the recount board’s report is that the abstracts
17prepared pursuant to the county board’s canvass were incorrect
18as to the number of votes cast for the candidates for the
19office or nomination in question, in that county or district,
20the commissioner shall at once so notify the county board. The
21county board shall reconvene within three days after being so
22notified, but no later than noon on the twenty-seventh day
23following the election in question for a recount of the offices
24of president and vice president, and shall correct its previous
25proceedings.
26c. The recount board shall complete the recount and file its
27report as follows:
28(1) For the offices of president and vice president, not
29later than the seventeenth day following the county board’s
30canvass of the election in question.
31(2) For a state office, including a seat in the general
32assembly, or a seat in the United States Congress, not later
33than the twenty-first day following the county board’s canvass
34of the election in question.
35(3) For any other office, not later than the thirteenth
-12-1day following the county board’s canvass of the election in
2question.
3 Sec. 17. Section 50.49, subsection 1, Code 2022, is amended
4by striking the subsection and inserting in lieu thereof the
5following:
61. a. A recount for any public measure shall be ordered
7by the board of canvassers if a petition requesting a recount
8is filed with the county commissioner of a county at which
9the question appeared on the ballot not later than two days
10after the completion of the canvass of voters for the election.
11The petition for a recount shall indicate whether the recount
12shall be conducted only using automatic tabulating equipment
13or by a hand recount following the use of automatic tabulating
14equipment. If a petition requests a hand recount in one
15county, the petition shall also request a hand recount in each
16county in which the petition is filed. A petition must be
17filed by the person submitting the petition in each county
18in which the public measure appeared on the ballot. If the
19petition is not filed by the person submitting the petition in
20each county in which the public measure appeared on the ballot,
21a recount shall not be conducted.
22b. The petition must be signed by the greater of ten
23eligible electors or a number of eligible electors equaling
24one percent of the total number of votes cast upon the public
25measure in the county. Each person signing the petition must
26be a person who was entitled to vote on the public measure in
27question or would have been so entitled if registered to vote.
28c. Immediately upon receipt of a petition for a recount,
29the commissioner shall send a copy of the petition to the
30state commissioner by electronic mail. The state commissioner
31shall confirm that a petition was filed in every county the
32public measure appeared on the ballot prior to the convening of
33the recount board. The state commissioner shall also verify
34whether each petition for a recount included a request for
35a hand recount. If the state commissioner verifies that a
-13-1petition included a request for a hand recount in at least one
2but not all counties, the state commissioner shall, prior to
3convening of the recount board, inform each commissioner at
4which a hand recount was not requested that a hand recount
5shall be performed.
6 Sec. 18. Section 50.49, subsection 2, paragraph b, Code
72022, is amended by striking the paragraph and inserting in
8lieu thereof the following:
9b. Two members who are precinct election officials selected
10by the chief judge of the judicial district in which the
11canvass occurs at or before the time the board is required to
12convene. The members shall be selected consistent with section
1349.12.
14 Sec. 19. Section 50.49, subsection 2, paragraph c, Code
152022, is amended by striking the paragraph.
16 Sec. 20. Section 50.49, subsection 3, Code 2022, is amended
17by striking the subsection and inserting in lieu thereof the
18following:
193. The commissioner shall convene the recount board not
20later than 9:00 a.m.on the sixth day following the county
21board’s canvass of the election in question.
22 Sec. 21. Section 50.50, Code 2022, is amended to read as
23follows:
2450.50 Administrative recounts audits.
251. The commissioner who was responsible for conducting an
26election may request an administrative recount audit when the
27commissioner is informed or suspects that voting equipment used
28in the election malfunctioned or that programming errors may
29have affected the outcome of the election, or if the precinct
30election officials report counting errors to the commissioner
31after the conclusion of the canvass of votes in the precinct.
32An administrative recount audit shall be conducted by the board
33of the special precinct established by section 53.23. Bond
34shall not be required for an administrative recount. The
35state commissioner may adopt rules for administrative recounts
-14-1 audits.
22. If the recount board finds that there is an error
3in the programming of any voting equipment which may have
4affected the outcome of the election for any office or public
5measure on the ballot, the recount board shall describe the
6errors in its report to the commissioner. The commissioner
7shall notify the board of supervisors. The supervisors shall
8determine whether to order an administrative recount for any
9or all of the offices and public measures on the ballot. Each
10political party, as defined in section 43.2 may appoint up
11to five observers to witness an audit conducted pursuant to
12this section. The observers shall be appointed by the county
13chairperson or, if the county chairperson fails to make an
14appointment, by the state chairperson. However, if either or
15both political parties fail to appoint an observer, the board
16may continue with the proceedings.
17 Sec. 22. Section 50.51, subsection 3, paragraph a, Code
182022, is amended by striking the paragraph.
19 Sec. 23. NEW SECTION. 53.1B Definitions.
20For purposes of this subchapter, unless the context
21otherwise requires:
221. “Affidavit envelope” means an envelope that includes
23a serial number and bears on the back an affidavit for a
24registered voter to mark the registered voter’s signature and
25voter verification number in a form prescribed by the state
26commissioner.
272. “Delivery envelope” means an envelope that bears on its
28face the name and address of the registered voter requesting an
29absentee ballot, the words “county commissioner of elections”,
30the address of the commissioner’s office, and the same serial
31number that appears on the affidavit envelope and return
32envelope.
333. “Return envelope” means an envelope that is addressed
34to the commissioner’s office, bears appropriate return postage
35or a postal permit guaranteeing that the commissioner will pay
-15-1the return postage, and includes the same serial number as the
2affidavit envelope and delivery envelope.
34. “Secrecy envelope” means an envelope, folder, or sleeve
4that hides all voting ovals on a ballot when folded.
5 Sec. 24. Section 53.8, subsection 1, Code 2022, is amended
6to read as follows:
71. a. Upon receipt of an application for an absentee ballot
8and immediately after the absentee ballots are printed, but not
9more than twenty days before the election, the commissioner
10shall mail an absentee ballot to the applicant within
11twenty-four hours, except as otherwise provided in subsection
123. The absentee ballot shall be sent to the registered voter
13by one of the following methods: enclosed in an unsealed
14affidavit envelope. The absentee ballot and affidavit envelope
15shall be enclosed in or with an unsealed return envelope. The
16absentee ballot, affidavit envelope, and return envelope shall
17be enclosed in the delivery envelope. If the ballot cannot
18be folded so that all the voting ovals on the ballot will be
19hidden, the commissioner shall also enclose a secrecy envelope
20with the absentee ballot.
21(1) The absentee ballot shall be enclosed in an unsealed
22envelope marked with a serial number and affidavit. The
23absentee ballot and affidavit envelope shall be enclosed in
24or with an unsealed return envelope marked postage paid which
25bears the same serial number as the affidavit envelope. The
26absentee ballot, affidavit envelope, and return envelope shall
27be enclosed in a third envelope to be sent to the registered
28voter. If the ballot cannot be folded so that all of the votes
29cast on the ballot will be hidden, the commissioner shall also
30enclose a secrecy envelope with the absentee ballot.
31(2) The absentee ballot shall be enclosed in an unsealed
32return envelope marked with a serial number and affidavit
33and marked postage paid. The absentee ballot and return
34envelope shall be enclosed in a second envelope to be sent
35to the registered voter. If the ballot cannot be folded so
-16-1that all of the votes cast on the ballot will be hidden, the
2commissioner shall also enclose a secrecy envelope with the
3absentee ballot.
4b. The affidavit shall be marked on the appropriate envelope
5in a form prescribed by the state commissioner of elections
6 registered voter requesting and receiving an absentee ballot
7shall subscribe to the affidavit by signing and marking the
8registered voter’s voter verification number on the affidavit
9envelope.
10c. All domestic return envelope flaps or backs shall also
11be printed or stamped with a notice of the deadline to return a
12completed absentee ballot and the manner to track the status of
13the ballot in a form prescribed by the state commissioner.
14c. d. For envelopes mailed at any election other than the
15primary election, the commissioner shall not mark any envelope
16with any information related to the party affiliation of the
17applicant.
18 Sec. 25. Section 53.10, subsection 2, paragraph a, Code
192022, is amended to read as follows:
20a. Each person who wishes to vote by absentee ballot at
21the commissioner’s office shall first sign an application for
22a ballot including the following information:name, current
23address, voter verification number, and the election for which
24the ballot is requested. The person may report a change of
25address or other information on the person’s voter registration
26record at that time. Prior to furnishing a ballot, the
27commissioner shall verify the person’s identity as provided
28in section 49.78. The registered voter shall immediately
29mark the ballot; enclose the ballot in a secrecy envelope,
30if necessary, and seal it the ballot in the envelope marked
31with the affidavit envelope; subscribe to the affidavit on
32the reverse side of the envelope by signing and marking the
33registered voter’s voter verification number; and return the
34sealed affidavit envelope containing the absentee ballot to
35the commissioner. The commissioner shall record the numbers
-17-1appearing on the application and affidavit envelope along with
2the name of the registered voter.
3 Sec. 26. Section 53.12, Code 2022, is amended by striking
4the section and inserting in lieu thereof the following:
553.12 Duty of commissioner.
6The commissioner shall affix to the application the same
7serial number that appears on the affidavit envelope, return
8envelope, and delivery envelope.
9 Sec. 27. Section 53.16, Code 2022, is amended by striking
10the section and inserting in lieu thereof the following:
1153.16 Subscribing to affidavit.
12After marking the ballot, the voter shall enclose the ballot
13in a secrecy envelope, if necessary, and seal the ballot in
14the affidavit envelope; subscribe to the affidavit by signing
15and marking the registered voter’s voter verification number;
16place the sealed affidavit envelope in the return envelope; and
17securely seal the return envelope.
18 Sec. 28. Section 53.17, subsection 1, unnumbered paragraph
191, Code 2022, is amended to read as follows:
20If the commissioner mailed the ballot pursuant to section
2153.8, subsection 1, paragraph “a”, subparagraph (1), the sealed
22envelope bearing the voter’s affidavit and containing the
23absentee ballot shall be enclosed in a return envelope which
24shall be securely sealed. If the commissioner mailed the
25ballot pursuant to section 53.8, subsection 1, paragraph “a”,
26subparagraph (2), the absentee ballot shall be enclosed in the
27return envelope which shall be securely sealed. The sealed
28return envelope shall be returned to the commissioner by one of
29the following methods:
30 Sec. 29. Section 53.18, subsections 2 and 3, Code 2022, are
31amended to read as follows:
322. If the commissioner receives the return envelope
33containing the completed absentee ballot by 5:00 p.m.on the
34Saturday before the election for general elections and by 5:00
35p.m.on the Friday before the election for all other elections,
-18-1the commissioner shall review the affidavit marked on the
2return envelope, if applicable, for completeness or shall open
3the return envelope to review the affidavit for completeness
4 open the return envelope, if applicable, and review the
5affidavit marked on the affidavit envelope for completeness.
6If the affidavit lacks the signature or voter verification
7number of the registered voter, the commissioner shall, within
8twenty-four hours of the receipt of the envelope, notify the
9voter of the deficiency and inform the voter that the voter may
10vote a replacement ballot as provided in subsection 3, cast a
11ballot as provided in section 53.19, subsection 3, or complete
12the affidavit in person at the office of the commissioner not
13later than the time polls close on election day.
143. If the affidavit envelope or the return envelope marked
15with the affidavit contains a defect that would cause the
16absentee ballot to be rejected by the absentee and special
17voters precinct board, the commissioner shall immediately
18notify the voter of that fact and that the voter’s absentee
19ballot shall not be counted unless the voter requests and
20returns a replacement ballot in the time permitted under
21section 53.17, subsection 2. For the purposes of this section,
22a return an affidavit envelope marked with the affidavit
23 shall be considered to contain a defect if it appears to
24the commissioner that the signature on the envelope has been
25signed by someone other than the registered voter, in comparing
26the signature on the envelope to the signature on record of
27the registered voter named on the envelope. A signature or
28marking made in accordance with section 39.3, subsection
2917, shall not be considered a defect for purposes of this
30section the voter verification number provided does not match
31the voter verification number associated with the voter’s
32voter registration. The voter may request a replacement
33ballot in person, in writing, or over the telephone. The
34same serial number that was assigned to the records of the
35original absentee ballot application shall be used on the
-19-1envelope envelopes and records of the replacement ballot. The
2affidavit envelope marked with the affidavit and containing
3the completed replacement ballot shall be marked “Replacement
4ballot”. The affidavit envelope marked with the affidavit and
5 containing the original ballot shall be marked “Defective” and
6the “Defective”. The replacement ballot shall be attached to
7such the affidavit envelope containing the original ballot and
8shall be stored in a secure place until they are delivered to
9the absentee and special voters precinct board, notwithstanding
10sections 53.26 and 53.27.
11 Sec. 30. Section 53.20, subsection 2, paragraph b, Code
122022, is amended to read as follows:
13b. For the primary election, general election election,
14 and for any election in which the commissioner determines in
15advance of the election to report the results of the special
16precinct by the resident precincts of the voters who cast
17absentee and provisional ballots, the commissioner shall
18prepare a separate absentee ballot style for each precinct
19in the county and shall program the voting system to produce
20reports by the resident precincts of the voters.
21 Sec. 31. Section 53.21, subsection 2, paragraph b, Code
222022, is amended to read as follows:
23b. The voter shall enclose one copy of the above statement
24in the return envelope along with the affidavit envelope, if
25the voter was mailed a separate affidavit envelope, and shall
26retain a copy for the voter’s records.
27 Sec. 32. Section 53.23, subsection 3, paragraph b,
28subparagraph (1), Code 2022, is amended to read as follows:
29(1) The commissioner may direct the board to meet on the day
30before the election for the purpose of reviewing the absentee
31voters’ affidavits appearing on the sealed envelopes. If in
32the commissioner’s judgment this procedure is necessary due
33to the number of absentee ballots received, the members of
34the board may open the sealed affidavit envelopes and remove
35the secrecy envelope containing the ballot, but under no
-20-1circumstances shall a secrecy envelope or a return an affidavit
2 envelope marked with an affidavit be opened before the board
3convenes on election day, except as provided in paragraph
4“c”. If the affidavit envelopes are opened before election
5day pursuant to this paragraph “b”, the observers appointed
6by each political party, as defined in section 43.2, shall
7witness the proceedings. Each political party may appoint up
8to five observers under this paragraph “b”. The observers
9shall be appointed by the county chairperson or, if the
10county chairperson fails to make an appointment, by the state
11chairperson. However, if either or both political parties fail
12to appoint an observer, the commissioner may continue with the
13proceedings.
14 Sec. 33. Section 53.23, subsection 5, Code 2022, is amended
15to read as follows:
165. The special precinct election board shall preserve the
17secrecy of all absentee and provisional ballots. After the
18affidavits on the affidavit envelopes have been reviewed and
19the qualifications of the persons casting the ballots have been
20determined, those that have been accepted for counting shall
21be opened. The ballots shall be removed from the affidavit
22envelopes or return envelopes marked with the affidavit, as
23applicable, without being unfolded or examined, and then shall
24be thoroughly intermingled, after which they shall be unfolded
25and tabulated. If secrecy folders or envelopes are used with
26provisional paper ballots, the ballots shall be removed from
27the secrecy folders envelopes after the ballots have been
28intermingled.
29 Sec. 34. Section 53.25, subsection 1, paragraph a, Code
302022, is amended to read as follows:
31a. If the absentee voter’s affidavit lacks the voter’s
32signature or voter verification number, if the applicant is
33not a duly registered voter on election day in the precinct
34where the absentee ballot was cast, if the affidavit envelope
35marked with the affidavit contains more than one ballot of any
-21-1one kind, or if the voter has voted in person, such vote shall
2be rejected by the absentee and special voters precinct board.
3If the affidavit envelope or return envelope marked with the
4affidavit is open, or has been opened and resealed, or if the
5ballot is not enclosed in such the affidavit envelope, and an
6affidavit envelope or return envelope marked with the affidavit
7with the same serial number and marked “Replacement ballot” is
8not attached as provided in section 53.18, the ballot shall be
9rejected by the absentee and special voters precinct board.
10 Sec. 35. Section 53.25, subsection 2, Code 2022, is amended
11to read as follows:
122. If the absentee or provisional ballot is rejected prior
13to the opening of the affidavit envelope or return envelope
14marked with the affidavit, the voter casting the ballot shall
15be notified by a precinct election official by the time the
16canvass is completed of the reason for the rejection on a form
17prescribed by the state commissioner of elections.
18 Sec. 36. Section 53.30, subsection 2, Code 2022, is amended
19to read as follows:
202. At the conclusion of each meeting of the absentee and
21special voters precinct board, the board shall securely seal
22all ballots counted by them in the manner prescribed in section
2350.12. The ballot envelopes, including the affidavit envelope
24if an affidavit envelope was provided, the return envelope, and
25secrecy envelope bearing the signatures of precinct election
26officials, as required by section 53.23, shall be preserved.
27All applications for absentee ballots, ballots rejected without
28being opened, absentee ballot logs, and any other documents
29pertaining to the absentee ballot process shall be preserved
30until such time as the documents may be destroyed pursuant to
31section 50.19.
32 Sec. 37. Section 53.32, Code 2022, is amended to read as
33follows:
3453.32 Ballot of deceased voter.
35When it shall be made to appear by due proof to the precinct
-22-1election officials that any elector, who has so marked and
2forwarded a ballot, has died before the envelope marked with
3the affidavit affidavit envelope is opened, then the ballot of
4such deceased voter shall be endorsed, “Rejected because voter
5is dead”, and be returned to the commissioner. The casting
6of the ballot of a deceased voter shall not invalidate the
7election.
8 Sec. 38. Section 58.4, subsections 1 and 2, Code 2022, are
9amended to read as follows:
101. The names of members of each house, except the presiding
11officer and the majority and minority leaders, written on
12similar paper tickets, shall be placed in a box, the names of
13the senators in their presence by their secretary, and the
14names of the representatives in their presence by their clerk.
152. The secretary of the senate in the presence of the
16senate, and the clerk of the house of representatives in
17the presence of the house, shall draw from their respective
18boxes the names of seven five members each. The majority and
19minority leaders of each house shall also serve on the contest
20court.
21 Sec. 39. Section 60.2, Code 2022, is amended to read as
22follows:
2360.2 Clerk.
24The secretary of state clerk of the supreme court shall be
25the clerk of the court, or, in the secretary of state’s clerk
26of the supreme court’s absence or inability to act, the clerk
27of the supreme court secretary of state.
28 Sec. 40. Section 61.2, Code 2022, is amended to read as
29follows:
3061.2 Clerk.
31The secretary of state clerk of the supreme court shall be
32the clerk of this court; but if the person holding that office
33is a party to the contest, the clerk of the supreme court, or,
34in case of that person’s absence or inability, the auditor of
35state shall be clerk, or, in the clerk of the supreme court’s
-23-1absence or inability to act, the secretary of state. If the
2person holding the office of secretary of state is a party to
3the contest, the auditor of state shall be clerk.
4 Sec. 41. Section 68.9, subsection 1, Code 2022, is amended
5to read as follows:
61. When an impeachment is presented, the senate shall, after
7the hour of final adjournment of the legislature as soon as
8practicable, be forthwith organized as a court of impeachment
9for the trial thereof, at the capitol.
10 Sec. 42. Section 69.14, Code 2022, is amended to read as
11follows:
1269.14 Special election to fill vacancies.
131. A special election to fill a vacancy shall be held for a
14representative in Congress, when Congress is in session or will
15convene prior to the next general election, or for a senator or
16representative in the general assembly, when the body in which
17such vacancy exists is in session, or the general assembly will
18convene prior to the next general election, and the governor
19shall order, not later than five days from the date the vacancy
20exists, a special election, giving not less than forty days’
21notice of such election.
222. In the event the special election is to fill a vacancy
23in the general assembly while it is in session or within
24forty-five days of the convening of any session, the time limit
25provided in this section shall not apply and the governor shall
26order such special election at the earliest practical time,
27giving at least eighteen days’ notice of the special election.
28Any special election called under this section must be held on
29a Tuesday and shall not be held on the same day as a school
30election within the district.
31 Sec. 43. Section 260C.15, subsection 5, Code 2022, is
32amended to read as follows:
335. The votes cast in the election shall be canvassed and
34abstracts of the votes cast shall be certified as required by
35section 277.20. In each county whose commissioner of elections
-24-1is the controlling commissioner for a merged area under section
247.2, the county board of supervisors shall convene on the
3second Monday or Tuesday after the day of the election to
4canvass the abstracts of votes cast from each county in the
5merged area, and declare the results of the voting. The
6commissioner shall at once issue certificates of election to
7each person declared elected, and shall certify to the merged
8area board in substantially the manner prescribed by section
950.27 the result of the voting on any public question submitted
10to the voters of the merged area. Members elected to the board
11of directors of a merged area shall qualify by taking the oath
12of office prescribed in section 277.28.
13 Sec. 44. Section 277.4, subsection 4, Code 2022, is amended
14to read as follows:
154. Any person on whose behalf nomination petitions have been
16filed under this section may withdraw as a candidate by filing
17a signed statement to that effect with the secretary consistent
18with section 44.9, subsection 5.
19 Sec. 45. EFFECTIVE DATE. Except as otherwise provided, this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22 Sec. 46. EFFECTIVE DATE. The following take effect January
231, 2023:
24The sections of this Act amending chapter 53.
25 Sec. 47. APPLICABILITY. The following shall not apply to
26primary elections conducted in 2022 unless this Act is enacted
27prior to March 23, 2022:
28The section of this Act amending section 43.20, subsection
291.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the conduct of elections.
34The bill provides that a political party that this
35required by statute to publish a notice of a precinct caucus
-25-1in a newspaper of general circulation may, in lieu of such
2requirement, publish the notice, action, or other information
3in its entirety on the political party’s internet site, if the
4political party maintains an internet site.
5The bill removes a requirement that nomination papers for
6an office to be filled by the voters of the county or for the
7office of county supervisor elected from a district within
8the county be signed by 2 percent of the party vote in the
9county or supervisor district, as shown by the last general
10election, or by at least 100 persons, whichever is less. Such
11petitions must be signed as provided in Code section 45.1.
12This change to the signature requirements does not apply to
13primary elections held in 2022 unless the bill is enacted prior
14to March 23, 2022.
15The bill changes the deadline for a person nominated to fill
16a ballot vacancy to withdraw by filing a notice in the office
17of the appropriate county commissioner of elections from 64
18days before the date of the election to 67 days before the date
19of the election.
20The bill allows the state commissioner of elections and a
21county commissioner of elections or political subdivision of
22the state to accept funding only from lawful appropriations
23of public funds from the government of the United States
24or the state of Iowa for the purposes of conducting an
25election, or from lawful appropriations of public funds
26from a political subdivision of the state for an election
27conducted in the political subdivision. The bill prohibits the
28state commissioner of elections and a county commissioner of
29elections or political subdivision from accepting or expending
30a grant, gift, or other source of funding from a private
31person, corporation, partnership, political party, nonparty
32political organization, committee, or other organization
33for the purpose of conducting an election. The prohibition
34does not apply to the contribution of a building for use
35as a polling place. The bill does not prohibit the state
-26-1commissioner or a county commissioner or political subdivision
2from issuing and collecting fees as otherwise provided by law.
3By operation of law, a person who willfully violates this
4provision of the bill is guilty of election misconduct in the
5fourth degree, a simple misdemeanor. A simple misdemeanor is
6punishable by confinement for no more than 30 days and a fine
7of at least $105 but not more than $855.
8The bill requires a notice for an election to include the
9date the election will be audited, the location of the audit,
10and the hours during which the election will be audited. The
11bill also changes the earliest date that notice of an election
12may be published from 20 to 30 days before the date of the
13election.
14The bill allows a county commissioner of elections to use
15an electronic election register in lieu of a paper register
16if the electronic election register is a product that has
17been certified for use in the state by the state commissioner
18of elections. The bill directs the state commissioner of
19elections to adopt rules regarding electronic election
20registers.
21The bill requires a precinct election official to publicly
22announce the results of a canvass only upon the request of
23a person at the precinct. Current law requires a precinct
24election official to always publicly announce the results of
25a canvass.
26The bill requires the state commissioner of elections, in
27cooperation with county commissioners of elections, to conduct
28an unofficial canvass of election results following the closing
29of polls for regular city, regular school, primary, and general
30elections. Current law requires an unofficial canvass only
31for general elections. If a county commissioner of elections
32determines that all precincts will not report results before
33the office is closed, the bill requires the county commissioner
34to provide a written explanation as to why.
35The bill removes the first Monday after an election as a
-27-1possible date for canvassing an election.
2The bill changes the deadline to request a recount from 5:00
3p.m.on the third day following the canvass of an election
4to 5:00 p.m.on the second day following the canvass of an
5election. The bill requires a recount request to include all
6precincts in a county instead of only specified counties. The
7bill also requires the request to include whether the candidate
8requests only a machine recount or a machine recount followed
9by a hand recount. If a candidate requests a hand recount
10in one county, the bill requires the candidate to request a
11hand recount in all counties in which the candidate requests
12a recount. The bill imposes a fine of $100 for each violation
13on a candidate who does not request a hand recount in all
14counties in which the candidate is required to do so. The
15state commissioner of elections shall then inform each other
16county to be recounted that a hand recount shall be conducted.
17The bill imposes similar requirements on recounts for public
18measures.
19The bill requires the county commissioner of elections to
20notify the state commissioner of elections by electronic mail
21when a recount is requested. If the apparent winning candidate
22in an election for which a recount has been requested cannot be
23contacted, the bill changes the deadline by which the county
24commissioner of elections must contact the chairperson of the
25political party or organization that nominated the apparent
26winner from four days after attempting to make contact to three
27days.
28The bill changes the composition of recount boards based
29on the population of the county. For a county of fewer than
3015,000 people, the board shall consist of a designee of the
31candidate requesting the recount, a designee of the apparent
32winning candidate, and a person who is a precinct election
33official selected by the chief judge of the judicial district
34in which the canvass occurs. For a county with a population
35between 15,000 and 49,999, the board shall consist of a
-28-1designee of the candidate requesting the recount, a designee
2of the apparent winning candidate, and three persons who are
3precinct election officials selected by the chief judge of the
4judicial district in which the canvass occurs. For a county
5with a population of 50,000 or greater, the board shall consist
6of two designees of the candidate requesting the recount, two
7designees of the apparent winning candidate, and three persons
8who are precinct election officials selected by the chief judge
9of the judicial district in which the canvass occurs. Members
10appointed by the chief judge for the recount of a partisan
11election shall not be comprised of more than one-third of
12persons who are not members of either of the two political
13parties whose candidates for president received the most or
14next-most votes at the last general election for a partisan
15election and not more than a simple majority of members
16appointed by a chief judge shall be from the same political
17party or organization.
18The bill makes a similar change for recounts requested
19in a primary election for an office for which no candidate
20has received the required 35 percent to be nominated. Under
21current law, the recount board consists of one person chosen
22by the candidate requesting the recount, one person chosen by
23the candidate receiving the highest number of votes excluding
24the requestor, and a third person mutually agreeable to the
25board members designated by the candidates. The bill provides
26that the third person is instead a precinct election official
27selected by the chief judge of the judicial district in which
28the canvass occurs.
29The bill requires a recount board to be convened no later
30than 9:00 a.m.on the sixth day following the canvass of
31the election. The commissioner shall then inform the board
32whether the candidate requested a hand recount. The board
33shall direct the commissioner to retabulate the ballots using
34the automatic tabulating equipment using the same program as
35was used to tabulate the votes on election day unless the
-29-1program is believed or known to be flawed. The board shall
2recount only the ballots which were voted and counted for
3the office in question, including disputed ballots. After
4retabulating, the board shall compare the results to the
5abstract prepared pursuant to the county board’s canvass and
6note any discrepancies. If the candidate requested a hand
7recount, the bill requires the ballots to be separated into
8categories and tabulated. The board shall then compare the
9results of the tabulation to the results of the canvass and the
10automatic recount. If there are discrepancies, the results of
11the hand recount shall control. The bill then requires the
12board to reseal and preserve the ballots.
13At the conclusion of the recount, the bill requires the board
14to make and file with the county commissioner of elections a
15report of its findings, signed by a majority of the board.
16The bill requires a recount board to include in its written
17report following the conclusion of a recount a full tally
18and accounting of ballots reviewed by the board. The report
19must allow the county commissioner of elections to correct the
20canvass of votes in the manner required by law, if applicable.
21The board shall file its report by 17 days after the canvass of
22an election for the offices of president and vice president,
23by 21 days after the canvass of an election for a state office
24or a seat in the United States Congress, and by 13 days after
25the canvass of any other election. The bill also requires
26the county board of elections to reconvene no later than 27
27days following a presidential election to correct any errors
28identified by the recount board.
29The bill requires a petition for a recount of an election
30for a public measure to be submitted not later than two days
31following the canvass of the votes for the measure rather
32than three days. The bill changes the makeup of the recount
33board for a public measure by removing a designee named by the
34commissioner and a person jointly selected by that person and
35a designee named in the petition requesting the recount and
-30-1replacing them with two election officials selected by the
2chief judge of the judicial district where the canvass occurs.
3The commissioner shall convene the recount board not later than
49:00 a.m.on the sixth day following the county board’s canvass
5of the election in question.
6Under current law, a county commissioner of elections may
7conduct an administrative recount if the commissioner suspects
8that voting equipment used in the election malfunctioned or
9that programming errors may have affected the outcome of the
10election, or if the precinct election officials report counting
11errors to the commissioner. The bill allows the county
12commissioner of elections to conduct an administrative audit if
13such circumstances exist. The bill allows political parties,
14defined in Code, to appoint observers to witness the audit.
15The bill requires an absentee ballot that is mailed to a
16voter to be enclosed in an unsealed affidavit envelope and with
17or in an unsealed return envelope, which shall then be enclosed
18in the delivery envelope. If the ballot cannot be folded so
19that all the voting ovals on the ballot will be hidden, the
20bill requires the commissioner to also send a secrecy envelope.
21The bill requires a registered voter to subscribe to an
22affidavit on an affidavit envelope by signing the envelope and
23writing the voter’s voter verification number. The bill also
24requires return envelopes to have printed on them the deadline
25to return the ballot and the manner to track the status of the
26ballot.
27The bill strikes a requirement that an affidavit envelope
28be considered to contain a defect if it appears to the county
29commissioner of elections that it was signed by a person other
30than the voter. The bill adds a requirement that an affidavit
31envelope be considered to contain a defect if the voter
32verification number on the envelope does not match the voter
33verification number on file for the voter.
34The bill requires the county commissioner of elections to
35prepare a separate absentee ballot style for each precinct in
-31-1the county and program the voting system to produce reports by
2the resident precincts of the voters for each primary election.
3The bill repeals certain requirements regarding what
4materials a commissioner shall include with an absentee ballot
5and instead requires a commissioner to put the same serial
6number on the affidavit, return, and delivery envelopes.
7The bill requires all mailed absentee ballots to include an
8affidavit envelope. The bill also requires the absentee and
9special voters precinct board to reject an absentee ballot
10if the affidavit envelope does not include the voter’s voter
11verification number.
12The bill changes the makeup of the contest court for a
13contested gubernatorial election to include five members each
14from the house and the senate and the majority and minority
15leaders of each chamber.
16The bill requires the senate to organize as a court of
17impeachment as soon as practicable after an impeachment is
18presented.
19The bill changes the clerk of a court of contest for
20presidential electors and congresspersons from the secretary
21of state to the clerk of the supreme court. If the clerk of
22the supreme court is absent or unable to act, the secretary of
23state shall be the clerk of the court. For elections for state
24officers, the bill changes the clerk of a contest court to the
25clerk of the supreme court. If the clerk of the supreme court
26is absent or unable to act, the secretary of state shall be the
27clerk of the court. However, if the secretary of state is a
28party to the contest, the auditor of state shall be the clerk
29of the court.
30The bill updates an internal reference regarding withdrawals
31of candidates for school district elections.
32The bill takes effect upon enactment, except that sections
33amending Code chapter 53 (absent voters) take effect on January
341, 2023.
-32-ss/jh