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Amend Senate File 474 as follows:
1. By striking everything after the enacting clause
and inserting:
<DIVISION I
GENERAL PROVISIONS
Section 1. Section 22.7, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 70. The voter verification number,
as defined in section 53.2, subsection 4, paragraph
“c”, that is assigned to a voter and maintained and
updated in the statewide voter registration system.
Sec. 2. Section 39A.5, subsection 1, paragraph
b, Code 2017, is amended by adding the following new
subparagraph:
NEW SUBPARAGRAPH. (3) Violating any provision of
chapter 48A for which another penalty is not provided.
Sec. 3. NEW SECTION. 48A.24 Deadline for
submitting voter registration forms.
1. A person who accepts a completed voter
registration form from an applicant shall submit the
form to the appropriate commissioner within seven days
of receiving the form if the person accepting the form
is doing so on behalf of any of the following:
a. A political party, as defined in section 43.2.
b. A nonparty political organization required to
nominate candidates under chapter 44.
c. A candidate or committee, as defined in section
68A.102.
2. Notwithstanding the deadline in subsection
1, a person described in subsection 1 who accepts a
completed voter registration form from an applicant
within three days of the voter registration deadline
prescribed in section 48A.9 for the next election shall
submit the form to the appropriate commissioner within
twenty-four hours of accepting the form, and not later
than the registration deadline.
Sec. 4. Section 48A.30, subsection 1, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0f. The registered voter is not
a resident of Iowa, or the registered voter submits
documentation under section 607A.4, subsection 3, that
indicates that the voter is not a citizen of the United
States.
Sec. 5. Section 48A.31, Code 2017, is amended to
read as follows:
48A.31 Deceased persons record.
The state registrar of vital statistics shall
transmit or cause to be transmitted to the state
registrar of voters, once each calendar quarter, a
certified list of all persons seventeen and one-half
years of age and older in the state whose deaths have
been reported to the bureau of vital records of the
Iowa department of public health since the previous
list of decedents was certified to the state registrar
of voters. The list shall be submitted according to
the specifications of the state registrar of voters and
shall be transmitted to the state registrar of voters
without charge for production or transmission. The
commissioner shall, in the month following the end of a
calendar quarter, run the statewide voter registration
system’s matching program to determine whether a listed
decedent was registered to vote in the county and shall
immediately cancel the registration of any person named
on the list of decedents.
Sec. 6. Section 53.2, subsections 1, 4, and 8, Code
2017, are amended to read as follows:
1. a. Any registered voter, under the
circumstances specified in section 53.1, may on any
day, except election day, and not more than seventy
one hundred twenty days prior to the date of the
election, apply in person for an absentee ballot at the
commissioner’s office or at any location designated
by the commissioner. However, for those elections in
which the commissioner directs the polls be opened at
noon pursuant to section 49.73, a voter may apply in
person for an absentee ballot at the commissioner’s
office from 8:00 a.m.until 11:00 a.m.on election day.
b. A registered voter may make written application
to the commissioner for an absentee ballot. A written
application for an absentee ballot must be received
by the commissioner no later than 5:00 p.m.on the
Friday before the election on the same day as the voter
registration deadline provided in section 48A.9 for
the election for which the ballot is requested, except
when the absentee ballot is requested and voted at the
commissioner’s office pursuant to section 53.10. A
written application for an absentee ballot delivered
to the commissioner and received by the commissioner
more than seventy one hundred twenty days prior to
the date of the election shall be retained by the
commissioner and processed in the same manner as a
written application received not more than seventy days
before the date of the election returned to the voter
with a notification of the date when the applications
will be accepted.
4. a. Each application shall contain the following
information:
(1) Thename and signature of the registered voter,
the.
(2) Theregistered voter’s date of birth, the.
(3) Theaddress at which the voter is registered to
vote, and the.
(4) The registered voter’s voter verification
number.
(5) Thename or date of the election for which the
absentee ballot is requested, and such.
(6) Suchother information as may be necessary
to determine the correct absentee ballot for the
registered voter.
b. If insufficient information has been provided,
including the absence of a voter verification number,
either on the prescribed form or on an application
created by the applicant, the commissioner shall,
by the best means available, obtain the additional
necessary information. A voter requesting or casting a
ballot pursuant to section 53.22 shall not be required
to provide a voter verification number.
c. For purposes of this subsection, “voter
verification number” means the registered voter’s
driver’s license number or nonoperator’s identification
card number assigned to the voter by the department of
transportation or the registered voter’s identification
number assigned to the voter by the state commissioner
pursuant to section 47.7, subsection 2.
8. An application for an absentee ballot that
is returned to the commissioner by a person acting
as an actual or implied agent for a political party,
as defined in section 43.2, or by a candidate, or
committee, all both as defined by chapter 68A, shall be
returned to the commissioner within seventy-two hours
of the time the completed application was received
from the applicant or no later than 5:00 p.m.on the
Friday before same day as the election deadline under
subsection 1, paragraph “b”, whichever is earlier. An
application received by a person acting as an actual or
implied agent of a political party after the deadline
but before the date of the election shall be returned
to the commissioner within twenty-four hours.
Sec. 7. Section 53.10, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 2A. A voter shall not vote or
offer to vote any ballot except such as the voter has
received from the commissioner. A voter voting an
absentee ballot at the commissioner’s office shall
not take or remove any ballot from the commissioner’s
office.
DIVISION II
VOTER IDENTITY AND SIGNATURE VERIFICATION
Sec. 8. Section 48A.2, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 4A. “Voter registration card” means
a card issued pursuant to section 48A.10A.
Sec. 9. Section 48A.7A, subsection 1, paragraph b,
subparagraph (1), subparagraph division (c), Code 2017,
is amended to read as follows:
(c) A United States military or veterans
identification card.
Sec. 10. Section 48A.7A, subsection 1, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2017, is
amended to read as follows:
If the photographic identification presented
does not contain the person’s current address in the
precinct, the person shall also present one of the
following documents that shows the person’s name and
current address in the precinct, and the document must
be dated, or describe terms of residency current to,
within forty-five days prior to presentation:
Sec. 11. Section 48A.7A, subsection 1, paragraph c,
Code 2017, is amended to read as follows:
c. In lieu of paragraph “b”, a person wishing
to vote may establish identity and residency in the
precinct by written oath of a person who is registered
to vote in the precinct. Before signing an oath under
this paragraph, the attesting registered voter shall
present to the precinct election official proof of
the voter’s identity, as described in section 49.78,
subsection 2. The registered voter’s oath shall
attest to the stated identity of the person wishing to
vote and that the person is a current resident of the
precinct. The oath must be signed by the attesting
registered voter in the presence of the appropriate
precinct election official. A registered voter who has
signed an oath on election day attesting to a person’s
identity and residency as provided in this paragraph is
prohibited from signing any further oaths as provided
in this paragraph on that day.
Sec. 12. Section 48A.7A, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 5. a. If a person registers
to vote under this section at a polling place that
has access to an electronic poll book, the precinct
election official shall verify against a database
maintained by the state commissioner that the person
has not been convicted of a felony or, if the person
has been convicted of a felony, the person has had
the person’s voting rights restored. If the precinct
election official determines that the person has not
been convicted of a felony or has been convicted of
a felony but the person’s voting rights have been
restored, the precinct election official shall furnish
a ballot to the voter. If the database indicates that
the person has been convicted of a felony and that the
person’s voting rights have not been restored, the
precinct election official shall challenge the person
under section 49.79.
b. If a person registers to vote under this section
at a polling place that does not have access to an
electronic poll book, the person shall be permitted to
cast a provisional ballot under section 49.81, and the
absentee and special voters precinct board, appointed
pursuant to section 53.23, shall verify against a
database maintained by the state commissioner that the
person has not been convicted of a felony or, if the
person has been convicted of a felony, the person’s
voting rights have been restored. If information in
the database indicates that the person has not been
convicted of a felony or, if the person has been
convicted of a felony, the person’s voting rights have
been restored, the voter’s provisional ballot shall be
counted. If the database indicates that the person
has been convicted of a felony and the person’s voting
rights have not been restored, the voter’s provisional
ballot shall be rejected.
Sec. 13. NEW SECTION. 48A.10A Voter registration
cards — verification of voter registration information.
1. The state registrar shall compare lists of
persons who are registered to vote with the department
of transportation’s driver’s license and nonoperator’s
identification card files and shall issue a voter
registration card to each active, registered voter
whose name does not appear in the department of
transportation’s files.
2. The commissioner shall issue voter registration
cards on an ongoing basis as prescribed by the state
registrar for all new registrations and registration
updates as a part of the regular voter acknowledgment
process required under sections 48A.26 and 48A.26A.
3. A person issued a voter registration card under
this section shall not be charged any fee for the
issuance or delivery of the voter registration card.
4. Implementation of this section shall be
contingent upon appropriations by the general assembly
in sufficient amounts to meet the requirements of this
section.
5. The state registrar shall adopt rules pursuant
to chapter 17A to implement this section.
Sec. 14. Section 48A.26A, subsection 1, Code 2017,
is amended to read as follows:
1. Within forty-five twenty-one days of receiving
a voter registration form completed under section
48A.7A, the commissioner shall send an acknowledgment
to the registrant, in the manner provided in section
48A.26, subsections 2 through 5, as applicable, at the
mailing address shown on the registration form. The
acknowledgment shall be sent by nonforwardable mail and
shall include the registrant’s voter registration card
and no other type of card.
Sec. 15. Section 48A.38, subsection 1, paragraph f,
Code 2017, is amended to read as follows:
f. The county commissioner of registration and
the state registrar of voters shall remove a voter’s
whole or partial social security number, as applicable,
voter identification number assigned by the state
commissioner, Iowa driver’s license number, or Iowa
nonoperator’s identification card number from a voter
registration list prepared pursuant to this section.
Sec. 16. Section 49.53, subsection 1, Code 2017, is
amended to read as follows:
1. The commissioner shall not less than four
nor more than twenty days before the day of each
election, except those for which different publication
requirements are prescribed by law, publish notice of
the election. The notice shall contain a facsimile
of the portion of the ballot containing the first
rotation as prescribed by section 49.31, subsection 2,
and shall show the names of all candidates or nominees
and the office each seeks, and all public questions,
to be voted upon at the election. The sample ballot
published as a part of the notice may at the discretion
of the commissioner be reduced in size relative to
the actual ballot but such reduction shall not cause
upper case letters appearing in candidates’ names or in
summaries of public measures on the published sample
ballot to be less than nine point type. The notice
shall also state the date of the election, the hours
the polls will be open, that each voter is required to
provide identification at the polling place before the
voter can receive and cast a ballot, the location of
each polling place at which voting is to occur in the
election, and the names of the precincts voting at each
polling place, but the statement need not set forth any
fact which is apparent from the portion of the ballot
appearing as a part of the same notice. The notice
shall include the full text of all public measures to
be voted upon at the election.
Sec. 17. Section 49.77, subsection 1, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
The board members of their respective precincts
shall have charge of the ballots and shall furnish them
to the voters after verifying each voter’s identity
pursuant to section 49.78.
Sec. 18. Section 49.77, subsection 3, Code 2017, is
amended by striking the subsection.
Sec. 19. NEW SECTION. 49.78 Voter identity and
signature verification.
1. To ensure the integrity of, and to instill
public confidence in, all elections in this state
the general assembly finds that the verification of
a voter’s identity is necessary before a voter is
permitted to receive and cast a ballot.
2. a. Before a precinct election official
furnishes a ballot to a voter under section 49.77,
the voter shall establish the voter’s identity by
presenting the official with one of the following forms
of identification for verification:
(1) An Iowa driver’s license issued pursuant to
section 321.189.
(2) An Iowa nonoperator’s identification card
issued pursuant to section 321.190.
(3) A United States passport.
(4) A United States military or veterans
identification card.
b. Upon being presented with a form of
identification under this section, the precinct
election official shall examine the identification.
The precinct election official shall use the
information on the identification card, including
the signature, to determine whether the person
offering to vote appears to be the person depicted
on the identification card. The voter’s signature
shall generally be presumed to be valid. If the
identification provided does not appear to be the
person offering to vote under section 49.77, the
precinct election official shall challenge the person
offering to vote in the same manner provided for other
challenges by sections 49.79 and 49.80. A person
offering to vote who establishes identity by presenting
a veteran’s identification card that does not contain
a signature, is not subject to challenge under this
paragraph “b”.
3. To establish the voter’s identity under this
section, a person who is registered to vote but is
unable to present a form of identification listed under
subsection 2 may present any of the following:
a. A current voter registration card provided
pursuant to section 48A.10A that contains the voter
identification number if the voter registration card
is signed before the voter presents the card to the
election official.
b. Other forms of identification sufficient to
establish identity and residence under section 48A.7A,
subsection 1, paragraph “b”.
4. A person who is registered to vote but is unable
to present a form of identification under subsection
2 or 3 may establish identity and residency in the
precinct by written oath of a person who is also
registered to vote in the precinct. The attesting
registered voter’s oath shall attest to the stated
identity of the person wishing to vote and that the
person is a current resident of the precinct. The oath
must be signed by the attesting registered voter in the
presence of the appropriate precinct election official.
A registered voter who has signed two oaths on election
day attesting to a person’s identity and residency as
provided in this subsection is prohibited from signing
any further oaths as provided in this subsection on
that day.
5. The form of the written oath required of
a registered voter attesting to the identity and
residency of the voter unable to present a form of
identification shall read as follows:
I, ..... (name of attesting registered voter), do
solemnly swear or affirm all of the following:
I am a preregistered voter in this precinct or I
registered to vote in this precinct today, and a
registered voter did not sign an oath on my behalf. I
have not signed more than one oath attesting to the
identity and residence of any other person in this
election.
I am a resident of the ... precinct, ... ward or
township, city of ....., county of ....., Iowa.
I reside at ....... (street address) in ..... (city
or township).
I personally know ..... (name of voter), and I
personally know that ..... (name of voter) is a
resident of the ... precinct, ..... ward or township,
city of ....., county of ....., Iowa.
I understand that any false statement in this oath is a
class “D” felony punishable by no more than five years
in confinement and a fine of at least seven hundred
fifty dollars but not more than seven thousand five
hundred dollars.
.............
Signature of Attesting Registered Voter
Subscribed and sworn before me on .. (date).
.............
Signature of Precinct Election Official
6. A voter who is not otherwise disqualified
from voting and who has established identity under
subsection 2, 3, or 4 shall be furnished a ballot and
be allowed to vote under section 49.77.
7. A registered voter who fails to establish the
voter’s identity under this section shall be permitted
to cast a provisional ballot under section 49.81.
8. a. Notwithstanding subsection 7, for any
election conducted prior to January 1, 2019, a
registered voter who fails to establish the voter’s
identity under this section shall be permitted to vote
upon signing an oath attesting to the voter’s identity.
The form of the written oath required of the person
voting under this subsection shall read as follows:
My name is ............., and I am a United States
citizen,
at least eighteen years of age. I am the person named
above, I
am a registered voter of this county, and I am eligible
to vote
in this election.
.............
(signature of voter) (date)
b. This subsection is repealed July 1, 2019.
Sec. 20. Section 49.81, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 1A. A prospective voter who is
unable to establish identity under section 49.78,
subsection 2, paragraph “a”, or section 49.78,
subsection 3 or 4, shall be notified by the appropriate
precinct election official that the voter may cast a
provisional ballot. The voter shall mark the ballot
and immediately seal it in an envelope of the type
prescribed by subsection 4. The voter shall deliver
the sealed envelope to a precinct election official who
shall deposit it in an envelope marked “provisional
ballots”. The ballot shall be considered as having
been cast in the special precinct established by
section 53.20 for purposes of the postelection canvass.
Sec. 21. Section 49.124, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 3. The training course and the
continuing education program under this section shall
include practical and holistic instruction on the
criteria for determining whether a person meets the
requirements for establishing identity under section
49.78, subsection 2, consistent with all voting rights
and nondiscrimination provisions of federal and state
law. The state commissioner of elections shall adopt
rules pursuant to chapter 17A to implement instruction
required under this subsection.
Sec. 22. Section 53.2, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 4A. The commissioner may dispute
an application if it appears to the commissioner
that the signature on the application has been
signed by someone other than the registered voter,
in comparing the signature on the application to the
signature on record of the registered voter named
on the application. If the commissioner disputes a
registered voter’s application under this subsection,
the commissioner shall notify the registered voter and
the registered voter may submit a new application and
signature or update the registered voter’s signature
on record, as provided by rule adopted by the state
commissioner.
Sec. 23. Section 53.18, subsection 3, Code 2017, is
amended to read as follows:
3. If the affidavit envelope or the return
envelope marked with the affidavit contains a defect
that would cause the absentee ballot to be rejected
by the absentee and special voters precinct board,
the commissioner shall immediately notify the voter
of that fact and that the voter’s absentee ballot
shall not be counted unless the voter requests and
returns a replacement ballot in the time permitted
under section 53.17, subsection 2. For the purposes
of this section, a return envelope marked with the
affidavit shall be considered to contain a defect if
it appears to the commissioner that the signature on
the envelope has been signed by someone other than the
registered voter, in comparing the signature on the
envelope to the signature on record of the registered
voter named on the envelope. A signature or marking
made in accordance with section 39.3, subsection 17,
shall not be considered a defect for purposes of this
section. The voter may request a replacement ballot
in person, in writing, or over the telephone. The
same serial number that was assigned to the records
of the original absentee ballot application shall be
used on the envelope and records of the replacement
ballot. The envelope marked with the affidavit and
containing the completed replacement ballot shall be
marked “Replacement ballot”. The envelope marked with
the affidavit and containing the original ballot shall
be marked “Defective” and the replacement ballot shall
be attached to such envelope containing the original
ballot and shall be stored in a secure place until
they are delivered to the absentee and special voters
precinct board, notwithstanding sections 53.26 and
53.27.
Sec. 24. Section 53.22, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 7. The proof of identity
requirements under section 49.78 shall not apply to a
voter casting a ballot pursuant to this section.
Sec. 25. Section 53.25, Code 2017, is amended to
read as follows:
53.25 Rejecting ballot.
1. a. If the absentee voter’s affidavit lacks
the voter’s signature, if the applicant is not a duly
registered voter on election day in the precinct where
the absentee ballot was cast, if the envelope marked
with the affidavit contains more than one ballot of any
one kind, or if the voter has voted in person, such
vote shall be rejected by the absentee and special
voters precinct board. If the affidavit envelope or
return envelope marked with the affidavit is open, or
has been opened and resealed, or if the ballot is not
enclosed in such envelope, and an affidavit envelope or
return envelope marked with the affidavit with the same
serial number and marked “Replacement ballot” is not
attached as provided in section 53.18, the vote ballot
shall be rejected by the absentee and special voters
precinct board.
b. If a voter casts a provisional ballot pursuant
to section 49.78, subsection 7, and the voter has
failed to establish the voter’s identity at the
commissioner’s office, the provisional ballot shall be
rejected by the absentee and special voters precinct
board.
2. If the absentee or provisional ballot is
rejected prior to the opening of the affidavit envelope
or return envelope marked with the affidavit, the voter
casting the ballot shall be notified by a precinct
election official by the time the canvass is completed
of the reason for the rejection on a form prescribed by
the state commissioner of elections.
Sec. 26. SEVERABILITY. If any provision of
this division of this Act or the application of any
provision of this division of this Act to any person
or circumstance is held invalid, the invalidity shall
not affect other provisions of the division which can
be given effect without the invalid provisions or
application of the invalid provisions, and to this end,
the provisions of the division are severable.
Sec. 27. EFFECTIVE DATE. This division of this Act
takes effect upon the appropriation of moneys by the
general assembly to the state commissioner of elections
in an amount sufficient for implementation of section
48A.10A as declared by the general assembly.
Sec. 28. APPLICABILITY. This division of this Act
applies to elections held on or after the effective
date of this division of this Act.
DIVISION III
polling places
Sec. 29. NEW SECTION. 47.11 Electronic poll book
and polling place technology program — revolving loan
fund.
1. An electronic poll book and polling place
technology program is created and an electronic poll
book and polling place technology revolving loan fund
is created in the state treasury under the control of
the state commissioner. The program and revolving loan
fund shall be administered by the state commissioner
and the revolving loan fund shall include moneys
allocated from the state commissioner’s budget and
any other moneys obtained or accepted by the state
commissioner for deposit in the revolving loan fund.
2. a. The state commissioner may loan moneys in
the revolving loan fund to county commissioners for the
purchase or update of electronic poll book and polling
place technology.
b. Moneys loaned under this subsection shall be
used, in accordance with section 49.28, to furnish
electronic poll books to election precincts for the
purpose of modernizing polling places throughout the
state.
c. The state commissioner may spend an amount
not to exceed thirty percent of the moneys in the
revolving loan fund at the beginning of a fiscal
year to administer polling place technology to ensure
compliance with state standards of technological
security and the protection of personally identifiable
information.
3. A loan made under this section shall bear no
interest.
4. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys in the revolving loan
fund shall be credited to the revolving loan fund.
Notwithstanding section 8.33, moneys in the revolving
loan fund that remain unencumbered or unobligated at
the close of a fiscal year shall not revert to any
other fund but shall remain available in the revolving
loan fund for the purposes designated.
5. The state commissioner shall adopt rules
pursuant to chapter 17A to administer this section.
Sec. 30. Section 49.88, subsection 1, Code 2017, is
amended to read as follows:
1. No more than one person shall be allowed
to occupy any voting booth at any time. The use
of cameras, cellular telephones, pagers, or other
electronic communications devices in the voting booth
photographic devices and the display of voted ballots
is prohibited if such use or display is for purposes
prohibited under chapter 39A, interferes with other
voters, or interferes with the orderly operation of the
polling place.
DIVISION IV
ELECTION CERTIFICATION AND AUDITS
Sec. 31. Section 39.2, subsection 1, paragraph a,
Code 2017, is amended to read as follows:
a. All special elections which are authorized or
required by law, unless the applicable law otherwise
requires, shall be held on Tuesday. A special election
shall not be held on the first, second, and third, and
fourth Tuesdays preceding and following the primary and
the general elections.
Sec. 32. NEW SECTION. 49.128 Commissioner filings
and notifications.
1. No later than twenty days following a general
election, the commissioner shall place on file in the
commissioner’s office a certification that the county
met the following requirements at the general election:
a. The testing of voting equipment was performed,
as required under section 52.35.
b. The election personnel training course was
conducted, as required under section 49.124.
c. Polling places met accessibility standards, as
required under section 49.21.
d. The schedule of required publications was
adhered to, as required under section 49.53.
e. The commissioner has complied with
administrative rules adopted by the state commissioner
under chapter 52, including having a written voting
system security plan.
2. a. If the county is required to conduct an
audit under section 50.51, the commissioner shall
include a copy of the results with the certification
required under this section.
b. If a county is not required to conduct an audit
under section 50.51, the commissioner shall include a
copy of the certification required under this section
along with the election canvass summary report required
under section 50.30A.
3. The commissioner shall file a copy of the
certification under this section with the state
commissioner.
4. The commissioner shall promptly notify the state
commissioner of each suspected incidence of election
misconduct that the commissioner has referred to other
agencies or law enforcement for investigation.
5. The state commissioner shall prescribe a form
for use by the county commissioners.
Sec. 33. Section 50.12, Code 2017, is amended to
read as follows:
50.12 Return and preservation of ballots.
Immediately after making the proclamation, and
before separating, the board members of each precinct
in which votes have been received by paper ballot shall
enclose in an envelope or other container all ballots
which have been counted by them, except those endorsed
“Rejected as double”, “Defective”, or “Objected to”,
and securely seal the envelope. The signatures of
all board members of the precinct shall be placed
across the seal or the opening of the container so
that it cannot be opened without breaking the seal.
The precinct election officials shall return all
the ballots to the commissioner, who shall carefully
preserve them for six months. Ballots from elections
for federal offices shall be preserved for twenty-two
months. The sealed packages containing voted ballots
shall be opened only for an official recount authorized
by section 50.48, 50.49, or 50.50, for an election
contest held pursuant to chapters 57 through 62, to
conduct an audit pursuant to section 50.51, or to
destroy the ballots pursuant to section 50.19.
Sec. 34. NEW SECTION. 50.51 Election audits.
1. After each general election, the state
commissioner shall, with the cooperation of the county
commissioners, conduct an audit of the official canvass
of votes from the preceding general election.
2. The state commissioner shall determine the
number of counties and precincts to be audited and
shall select the precincts to be audited by lot. The
absentee ballot and special voters precinct for each
county, established pursuant to section 53.20, shall
be included with all other precincts of the county
for selection by lot. In every precinct selected,
the commissioner shall conduct a hand count of all
ballots cast in the preceding general election for
president of the United States or governor, as the
case may be. The hand count shall be observed by a
representative selected by each of the two political
parties whose candidates received the highest number of
votes statewide in the preceding general election.
3. a. The commissioner may order an administrative
recount pursuant to section 50.50 if the commissioner
determines the results of an audit require an
administrative recount.
b. If selected to conduct an audit, the
commissioner shall provide an audit report to the
county board of supervisors and shall transmit the
audit report to the state commissioner no later than
twenty days following the election.
4. The results of an audit conducted pursuant
to this section shall not change the results, or
invalidate the certification, of an election.
5. In advance of any other election, the state
commissioner may order an audit of the election in the
manner provided in this section.
6. The state commissioner shall adopt rules,
pursuant to chapter 17A, to implement this section.
DIVISION V
VOTER MISCONDUCT INFORMATION AND REPORTING
Sec. 35. Section 48A.26A, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 3. A county attorney receiving
a notification pursuant to subsection 2 shall review
the voter’s registration documents and other such
information as may be necessary, and report the
findings to the commissioner and state registrar of
voters.
Sec. 36. NEW SECTION. 48A.27A Voting more than
once — referral and examination.
1. If the state registrar of voters receives
information from another jurisdiction that a registered
voter of this state may have voted or attempted
to vote more than once in the same election, the
state registrar shall provide the information to the
appropriate commissioner.
2. If a commissioner receives information from the
state registrar of voters or from another jurisdiction
that a registered voter may have voted or attempted
to vote more than once in the same election, the
commissioner shall provide the information to the
county attorney in each jurisdiction where the voter
voted or attempted to vote. A county attorney of
this state that is provided such information shall
examine the information and report any findings to the
commissioner.
DIVISION VI
STRAIGHT PARTY VOTING
Sec. 37. Section 49.37, subsection 1, Code 2017, is
amended to read as follows:
1. For general elections, and for other elections
in which more than one partisan office will be filled,
the first section of the ballot shall be for straight
party voting arranged as provided in this section.
a. Each political party or organization which has
nominated candidates for more than one office shall be
listed. Instructions to the voter for straight party
or organization voting shall be in substantially the
following form:
To vote for all candidates from a single party or
organization, mark the voting target next to the party
or organization name. Not all parties or organizations
have nominated candidates for all offices. Marking a
straight party or organization vote does not include
votes for nonpartisan offices, judges, or questions.
b. Political parties and nonparty political
organizations which have nominated candidates for only
one office shall be listed below the other political
organizations under the following heading:
Other Political Organizations. The following
organizations have nominated candidates for only one
office:
c. Offices shall be arranged in groups. Partisan
offices, nonpartisan offices, judges, and public
measures shall be separated by a distinct line
appearing on the ballot.
Sec. 38. Section 49.37, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 1A. Offices shall be arranged in
groups. Partisan offices, nonpartisan offices, judges,
and public measures shall be separated by a distinct
line appearing on the ballot.
Sec. 39. Section 49.57, subsection 2, Code 2017, is
amended to read as follows:
2. In the area of the general election ballot for
straight party voting, the party or organization names
shall be printed in upper case and lower case letters
using a uniform font size for each political party or
nonparty political organization. The font size shall
be not less than twelve point type. After the name
of each candidate for a partisan office the name of
the candidate’s political party shall be printed in at
least six point type. The names of political parties
and nonparty political organizations may be abbreviated
on the remainder of the ballot if both the full name
and the abbreviation appear in the “Straight Party” and
“Other Political Party” areas of the ballot.
Sec. 40. Section 49.98, Code 2017, is amended to
read as follows:
49.98 Counting ballots.
The ballots shall be counted according to the
voters’ marks on them as provided in sections 49.92
to 49.97 and 49.93, and not otherwise. If, for any
reason, it is impossible to determine from a ballot,
as marked, the choice of the voter for any office, the
vote for that office shall not be counted. When there
is a conflict between a straight party or organization
vote for one political party or nonparty political
organization and the vote cast by marking the voting
target next to the name of a candidate for another
political party or nonparty political organization on
the ballot, the mark next to the name of the candidate
shall be held to control, and the straight party or
organization vote in that case shall not apply as to
that office. A ballot shall be rejected if the voter
used a mark to identify the voter’s ballot. For each
voting system, the The state commissioner shall, by
rule adopted pursuant to chapter 17A, develop uniform
definitions of what constitutes a vote.
Sec. 41. REPEAL. Sections 49.94, 49.95, 49.96, and
49.97, Code 2017, are repealed.
DIVISION VII
PUBLIC EDUCATION
Sec. 42. PUBLIC EDUCATION. The state commissioner
of elections shall, in consultation with the county
commissioners of elections and other relevant
stakeholder groups, develop and implement a
comprehensive and statewide public education plan,
including multimedia advertising, in order to
inform the voters of this state of the election day
identification requirements contained in this Act.>
2. Title page, line 4, by striking <certifications>
and inserting <duties and certifications, voter
misconduct information and reporting, straight party
voting,>
3. By renumbering as necessary.
______________________________
1. By striking everything after the enacting clause
and inserting:
<DIVISION I
GENERAL PROVISIONS
Section 1. Section 22.7, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 70. The voter verification number,
as defined in section 53.2, subsection 4, paragraph
“c”, that is assigned to a voter and maintained and
updated in the statewide voter registration system.
Sec. 2. Section 39A.5, subsection 1, paragraph
b, Code 2017, is amended by adding the following new
subparagraph:
NEW SUBPARAGRAPH. (3) Violating any provision of
chapter 48A for which another penalty is not provided.
Sec. 3. NEW SECTION. 48A.24 Deadline for
submitting voter registration forms.
1. A person who accepts a completed voter
registration form from an applicant shall submit the
form to the appropriate commissioner within seven days
of receiving the form if the person accepting the form
is doing so on behalf of any of the following:
a. A political party, as defined in section 43.2.
b. A nonparty political organization required to
nominate candidates under chapter 44.
c. A candidate or committee, as defined in section
68A.102.
2. Notwithstanding the deadline in subsection
1, a person described in subsection 1 who accepts a
completed voter registration form from an applicant
within three days of the voter registration deadline
prescribed in section 48A.9 for the next election shall
submit the form to the appropriate commissioner within
twenty-four hours of accepting the form, and not later
than the registration deadline.
Sec. 4. Section 48A.30, subsection 1, Code 2017, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0f. The registered voter is not
a resident of Iowa, or the registered voter submits
documentation under section 607A.4, subsection 3, that
indicates that the voter is not a citizen of the United
States.
Sec. 5. Section 48A.31, Code 2017, is amended to
read as follows:
48A.31 Deceased persons record.
The state registrar of vital statistics shall
transmit or cause to be transmitted to the state
registrar of voters, once each calendar quarter, a
certified list of all persons seventeen and one-half
years of age and older in the state whose deaths have
been reported to the bureau of vital records of the
Iowa department of public health since the previous
list of decedents was certified to the state registrar
of voters. The list shall be submitted according to
the specifications of the state registrar of voters and
shall be transmitted to the state registrar of voters
without charge for production or transmission. The
commissioner shall, in the month following the end of a
calendar quarter, run the statewide voter registration
system’s matching program to determine whether a listed
decedent was registered to vote in the county and shall
immediately cancel the registration of any person named
on the list of decedents.
Sec. 6. Section 53.2, subsections 1, 4, and 8, Code
2017, are amended to read as follows:
1. a. Any registered voter, under the
circumstances specified in section 53.1, may on any
day, except election day, and not more than seventy
one hundred twenty days prior to the date of the
election, apply in person for an absentee ballot at the
commissioner’s office or at any location designated
by the commissioner. However, for those elections in
which the commissioner directs the polls be opened at
noon pursuant to section 49.73, a voter may apply in
person for an absentee ballot at the commissioner’s
office from 8:00 a.m.until 11:00 a.m.on election day.
b. A registered voter may make written application
to the commissioner for an absentee ballot. A written
application for an absentee ballot must be received
by the commissioner no later than 5:00 p.m.on the
Friday before the election on the same day as the voter
registration deadline provided in section 48A.9 for
the election for which the ballot is requested, except
when the absentee ballot is requested and voted at the
commissioner’s office pursuant to section 53.10. A
written application for an absentee ballot delivered
to the commissioner and received by the commissioner
more than seventy one hundred twenty days prior to
the date of the election shall be retained by the
commissioner and processed in the same manner as a
written application received not more than seventy days
before the date of the election returned to the voter
with a notification of the date when the applications
will be accepted.
4. a. Each application shall contain the following
information:
(1) Thename and signature of the registered voter,
the.
(2) Theregistered voter’s date of birth, the.
(3) Theaddress at which the voter is registered to
vote, and the.
(4) The registered voter’s voter verification
number.
(5) Thename or date of the election for which the
absentee ballot is requested, and such.
(6) Suchother information as may be necessary
to determine the correct absentee ballot for the
registered voter.
b. If insufficient information has been provided,
including the absence of a voter verification number,
either on the prescribed form or on an application
created by the applicant, the commissioner shall,
by the best means available, obtain the additional
necessary information. A voter requesting or casting a
ballot pursuant to section 53.22 shall not be required
to provide a voter verification number.
c. For purposes of this subsection, “voter
verification number” means the registered voter’s
driver’s license number or nonoperator’s identification
card number assigned to the voter by the department of
transportation or the registered voter’s identification
number assigned to the voter by the state commissioner
pursuant to section 47.7, subsection 2.
8. An application for an absentee ballot that
is returned to the commissioner by a person acting
as an actual or implied agent for a political party,
as defined in section 43.2, or by a candidate, or
committee, all both as defined by chapter 68A, shall be
returned to the commissioner within seventy-two hours
of the time the completed application was received
from the applicant or no later than 5:00 p.m.on the
Friday before same day as the election deadline under
subsection 1, paragraph “b”, whichever is earlier. An
application received by a person acting as an actual or
implied agent of a political party after the deadline
but before the date of the election shall be returned
to the commissioner within twenty-four hours.
Sec. 7. Section 53.10, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 2A. A voter shall not vote or
offer to vote any ballot except such as the voter has
received from the commissioner. A voter voting an
absentee ballot at the commissioner’s office shall
not take or remove any ballot from the commissioner’s
office.
DIVISION II
VOTER IDENTITY AND SIGNATURE VERIFICATION
Sec. 8. Section 48A.2, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 4A. “Voter registration card” means
a card issued pursuant to section 48A.10A.
Sec. 9. Section 48A.7A, subsection 1, paragraph b,
subparagraph (1), subparagraph division (c), Code 2017,
is amended to read as follows:
(c) A United States military or veterans
identification card.
Sec. 10. Section 48A.7A, subsection 1, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2017, is
amended to read as follows:
If the photographic identification presented
does not contain the person’s current address in the
precinct, the person shall also present one of the
following documents that shows the person’s name and
current address in the precinct, and the document must
be dated, or describe terms of residency current to,
within forty-five days prior to presentation:
Sec. 11. Section 48A.7A, subsection 1, paragraph c,
Code 2017, is amended to read as follows:
c. In lieu of paragraph “b”, a person wishing
to vote may establish identity and residency in the
precinct by written oath of a person who is registered
to vote in the precinct. Before signing an oath under
this paragraph, the attesting registered voter shall
present to the precinct election official proof of
the voter’s identity, as described in section 49.78,
subsection 2. The registered voter’s oath shall
attest to the stated identity of the person wishing to
vote and that the person is a current resident of the
precinct. The oath must be signed by the attesting
registered voter in the presence of the appropriate
precinct election official. A registered voter who has
signed an oath on election day attesting to a person’s
identity and residency as provided in this paragraph is
prohibited from signing any further oaths as provided
in this paragraph on that day.
Sec. 12. Section 48A.7A, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 5. a. If a person registers
to vote under this section at a polling place that
has access to an electronic poll book, the precinct
election official shall verify against a database
maintained by the state commissioner that the person
has not been convicted of a felony or, if the person
has been convicted of a felony, the person has had
the person’s voting rights restored. If the precinct
election official determines that the person has not
been convicted of a felony or has been convicted of
a felony but the person’s voting rights have been
restored, the precinct election official shall furnish
a ballot to the voter. If the database indicates that
the person has been convicted of a felony and that the
person’s voting rights have not been restored, the
precinct election official shall challenge the person
under section 49.79.
b. If a person registers to vote under this section
at a polling place that does not have access to an
electronic poll book, the person shall be permitted to
cast a provisional ballot under section 49.81, and the
absentee and special voters precinct board, appointed
pursuant to section 53.23, shall verify against a
database maintained by the state commissioner that the
person has not been convicted of a felony or, if the
person has been convicted of a felony, the person’s
voting rights have been restored. If information in
the database indicates that the person has not been
convicted of a felony or, if the person has been
convicted of a felony, the person’s voting rights have
been restored, the voter’s provisional ballot shall be
counted. If the database indicates that the person
has been convicted of a felony and the person’s voting
rights have not been restored, the voter’s provisional
ballot shall be rejected.
Sec. 13. NEW SECTION. 48A.10A Voter registration
cards — verification of voter registration information.
1. The state registrar shall compare lists of
persons who are registered to vote with the department
of transportation’s driver’s license and nonoperator’s
identification card files and shall issue a voter
registration card to each active, registered voter
whose name does not appear in the department of
transportation’s files.
2. The commissioner shall issue voter registration
cards on an ongoing basis as prescribed by the state
registrar for all new registrations and registration
updates as a part of the regular voter acknowledgment
process required under sections 48A.26 and 48A.26A.
3. A person issued a voter registration card under
this section shall not be charged any fee for the
issuance or delivery of the voter registration card.
4. Implementation of this section shall be
contingent upon appropriations by the general assembly
in sufficient amounts to meet the requirements of this
section.
5. The state registrar shall adopt rules pursuant
to chapter 17A to implement this section.
Sec. 14. Section 48A.26A, subsection 1, Code 2017,
is amended to read as follows:
1. Within forty-five twenty-one days of receiving
a voter registration form completed under section
48A.7A, the commissioner shall send an acknowledgment
to the registrant, in the manner provided in section
48A.26, subsections 2 through 5, as applicable, at the
mailing address shown on the registration form. The
acknowledgment shall be sent by nonforwardable mail and
shall include the registrant’s voter registration card
and no other type of card.
Sec. 15. Section 48A.38, subsection 1, paragraph f,
Code 2017, is amended to read as follows:
f. The county commissioner of registration and
the state registrar of voters shall remove a voter’s
whole or partial social security number, as applicable,
voter identification number assigned by the state
commissioner, Iowa driver’s license number, or Iowa
nonoperator’s identification card number from a voter
registration list prepared pursuant to this section.
Sec. 16. Section 49.53, subsection 1, Code 2017, is
amended to read as follows:
1. The commissioner shall not less than four
nor more than twenty days before the day of each
election, except those for which different publication
requirements are prescribed by law, publish notice of
the election. The notice shall contain a facsimile
of the portion of the ballot containing the first
rotation as prescribed by section 49.31, subsection 2,
and shall show the names of all candidates or nominees
and the office each seeks, and all public questions,
to be voted upon at the election. The sample ballot
published as a part of the notice may at the discretion
of the commissioner be reduced in size relative to
the actual ballot but such reduction shall not cause
upper case letters appearing in candidates’ names or in
summaries of public measures on the published sample
ballot to be less than nine point type. The notice
shall also state the date of the election, the hours
the polls will be open, that each voter is required to
provide identification at the polling place before the
voter can receive and cast a ballot, the location of
each polling place at which voting is to occur in the
election, and the names of the precincts voting at each
polling place, but the statement need not set forth any
fact which is apparent from the portion of the ballot
appearing as a part of the same notice. The notice
shall include the full text of all public measures to
be voted upon at the election.
Sec. 17. Section 49.77, subsection 1, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
The board members of their respective precincts
shall have charge of the ballots and shall furnish them
to the voters after verifying each voter’s identity
pursuant to section 49.78.
Sec. 18. Section 49.77, subsection 3, Code 2017, is
amended by striking the subsection.
Sec. 19. NEW SECTION. 49.78 Voter identity and
signature verification.
1. To ensure the integrity of, and to instill
public confidence in, all elections in this state
the general assembly finds that the verification of
a voter’s identity is necessary before a voter is
permitted to receive and cast a ballot.
2. a. Before a precinct election official
furnishes a ballot to a voter under section 49.77,
the voter shall establish the voter’s identity by
presenting the official with one of the following forms
of identification for verification:
(1) An Iowa driver’s license issued pursuant to
section 321.189.
(2) An Iowa nonoperator’s identification card
issued pursuant to section 321.190.
(3) A United States passport.
(4) A United States military or veterans
identification card.
b. Upon being presented with a form of
identification under this section, the precinct
election official shall examine the identification.
The precinct election official shall use the
information on the identification card, including
the signature, to determine whether the person
offering to vote appears to be the person depicted
on the identification card. The voter’s signature
shall generally be presumed to be valid. If the
identification provided does not appear to be the
person offering to vote under section 49.77, the
precinct election official shall challenge the person
offering to vote in the same manner provided for other
challenges by sections 49.79 and 49.80. A person
offering to vote who establishes identity by presenting
a veteran’s identification card that does not contain
a signature, is not subject to challenge under this
paragraph “b”.
3. To establish the voter’s identity under this
section, a person who is registered to vote but is
unable to present a form of identification listed under
subsection 2 may present any of the following:
a. A current voter registration card provided
pursuant to section 48A.10A that contains the voter
identification number if the voter registration card
is signed before the voter presents the card to the
election official.
b. Other forms of identification sufficient to
establish identity and residence under section 48A.7A,
subsection 1, paragraph “b”.
4. A person who is registered to vote but is unable
to present a form of identification under subsection
2 or 3 may establish identity and residency in the
precinct by written oath of a person who is also
registered to vote in the precinct. The attesting
registered voter’s oath shall attest to the stated
identity of the person wishing to vote and that the
person is a current resident of the precinct. The oath
must be signed by the attesting registered voter in the
presence of the appropriate precinct election official.
A registered voter who has signed two oaths on election
day attesting to a person’s identity and residency as
provided in this subsection is prohibited from signing
any further oaths as provided in this subsection on
that day.
5. The form of the written oath required of
a registered voter attesting to the identity and
residency of the voter unable to present a form of
identification shall read as follows:
I, ..... (name of attesting registered voter), do
solemnly swear or affirm all of the following:
I am a preregistered voter in this precinct or I
registered to vote in this precinct today, and a
registered voter did not sign an oath on my behalf. I
have not signed more than one oath attesting to the
identity and residence of any other person in this
election.
I am a resident of the ... precinct, ... ward or
township, city of ....., county of ....., Iowa.
I reside at ....... (street address) in ..... (city
or township).
I personally know ..... (name of voter), and I
personally know that ..... (name of voter) is a
resident of the ... precinct, ..... ward or township,
city of ....., county of ....., Iowa.
I understand that any false statement in this oath is a
class “D” felony punishable by no more than five years
in confinement and a fine of at least seven hundred
fifty dollars but not more than seven thousand five
hundred dollars.
.............
Signature of Attesting Registered Voter
Subscribed and sworn before me on .. (date).
.............
Signature of Precinct Election Official
6. A voter who is not otherwise disqualified
from voting and who has established identity under
subsection 2, 3, or 4 shall be furnished a ballot and
be allowed to vote under section 49.77.
7. A registered voter who fails to establish the
voter’s identity under this section shall be permitted
to cast a provisional ballot under section 49.81.
8. a. Notwithstanding subsection 7, for any
election conducted prior to January 1, 2019, a
registered voter who fails to establish the voter’s
identity under this section shall be permitted to vote
upon signing an oath attesting to the voter’s identity.
The form of the written oath required of the person
voting under this subsection shall read as follows:
My name is ............., and I am a United States
citizen,
at least eighteen years of age. I am the person named
above, I
am a registered voter of this county, and I am eligible
to vote
in this election.
.............
(signature of voter) (date)
b. This subsection is repealed July 1, 2019.
Sec. 20. Section 49.81, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 1A. A prospective voter who is
unable to establish identity under section 49.78,
subsection 2, paragraph “a”, or section 49.78,
subsection 3 or 4, shall be notified by the appropriate
precinct election official that the voter may cast a
provisional ballot. The voter shall mark the ballot
and immediately seal it in an envelope of the type
prescribed by subsection 4. The voter shall deliver
the sealed envelope to a precinct election official who
shall deposit it in an envelope marked “provisional
ballots”. The ballot shall be considered as having
been cast in the special precinct established by
section 53.20 for purposes of the postelection canvass.
Sec. 21. Section 49.124, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 3. The training course and the
continuing education program under this section shall
include practical and holistic instruction on the
criteria for determining whether a person meets the
requirements for establishing identity under section
49.78, subsection 2, consistent with all voting rights
and nondiscrimination provisions of federal and state
law. The state commissioner of elections shall adopt
rules pursuant to chapter 17A to implement instruction
required under this subsection.
Sec. 22. Section 53.2, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 4A. The commissioner may dispute
an application if it appears to the commissioner
that the signature on the application has been
signed by someone other than the registered voter,
in comparing the signature on the application to the
signature on record of the registered voter named
on the application. If the commissioner disputes a
registered voter’s application under this subsection,
the commissioner shall notify the registered voter and
the registered voter may submit a new application and
signature or update the registered voter’s signature
on record, as provided by rule adopted by the state
commissioner.
Sec. 23. Section 53.18, subsection 3, Code 2017, is
amended to read as follows:
3. If the affidavit envelope or the return
envelope marked with the affidavit contains a defect
that would cause the absentee ballot to be rejected
by the absentee and special voters precinct board,
the commissioner shall immediately notify the voter
of that fact and that the voter’s absentee ballot
shall not be counted unless the voter requests and
returns a replacement ballot in the time permitted
under section 53.17, subsection 2. For the purposes
of this section, a return envelope marked with the
affidavit shall be considered to contain a defect if
it appears to the commissioner that the signature on
the envelope has been signed by someone other than the
registered voter, in comparing the signature on the
envelope to the signature on record of the registered
voter named on the envelope. A signature or marking
made in accordance with section 39.3, subsection 17,
shall not be considered a defect for purposes of this
section. The voter may request a replacement ballot
in person, in writing, or over the telephone. The
same serial number that was assigned to the records
of the original absentee ballot application shall be
used on the envelope and records of the replacement
ballot. The envelope marked with the affidavit and
containing the completed replacement ballot shall be
marked “Replacement ballot”. The envelope marked with
the affidavit and containing the original ballot shall
be marked “Defective” and the replacement ballot shall
be attached to such envelope containing the original
ballot and shall be stored in a secure place until
they are delivered to the absentee and special voters
precinct board, notwithstanding sections 53.26 and
53.27.
Sec. 24. Section 53.22, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 7. The proof of identity
requirements under section 49.78 shall not apply to a
voter casting a ballot pursuant to this section.
Sec. 25. Section 53.25, Code 2017, is amended to
read as follows:
53.25 Rejecting ballot.
1. a. If the absentee voter’s affidavit lacks
the voter’s signature, if the applicant is not a duly
registered voter on election day in the precinct where
the absentee ballot was cast, if the envelope marked
with the affidavit contains more than one ballot of any
one kind, or if the voter has voted in person, such
vote shall be rejected by the absentee and special
voters precinct board. If the affidavit envelope or
return envelope marked with the affidavit is open, or
has been opened and resealed, or if the ballot is not
enclosed in such envelope, and an affidavit envelope or
return envelope marked with the affidavit with the same
serial number and marked “Replacement ballot” is not
attached as provided in section 53.18, the vote ballot
shall be rejected by the absentee and special voters
precinct board.
b. If a voter casts a provisional ballot pursuant
to section 49.78, subsection 7, and the voter has
failed to establish the voter’s identity at the
commissioner’s office, the provisional ballot shall be
rejected by the absentee and special voters precinct
board.
2. If the absentee or provisional ballot is
rejected prior to the opening of the affidavit envelope
or return envelope marked with the affidavit, the voter
casting the ballot shall be notified by a precinct
election official by the time the canvass is completed
of the reason for the rejection on a form prescribed by
the state commissioner of elections.
Sec. 26. SEVERABILITY. If any provision of
this division of this Act or the application of any
provision of this division of this Act to any person
or circumstance is held invalid, the invalidity shall
not affect other provisions of the division which can
be given effect without the invalid provisions or
application of the invalid provisions, and to this end,
the provisions of the division are severable.
Sec. 27. EFFECTIVE DATE. This division of this Act
takes effect upon the appropriation of moneys by the
general assembly to the state commissioner of elections
in an amount sufficient for implementation of section
48A.10A as declared by the general assembly.
Sec. 28. APPLICABILITY. This division of this Act
applies to elections held on or after the effective
date of this division of this Act.
DIVISION III
polling places
Sec. 29. NEW SECTION. 47.11 Electronic poll book
and polling place technology program — revolving loan
fund.
1. An electronic poll book and polling place
technology program is created and an electronic poll
book and polling place technology revolving loan fund
is created in the state treasury under the control of
the state commissioner. The program and revolving loan
fund shall be administered by the state commissioner
and the revolving loan fund shall include moneys
allocated from the state commissioner’s budget and
any other moneys obtained or accepted by the state
commissioner for deposit in the revolving loan fund.
2. a. The state commissioner may loan moneys in
the revolving loan fund to county commissioners for the
purchase or update of electronic poll book and polling
place technology.
b. Moneys loaned under this subsection shall be
used, in accordance with section 49.28, to furnish
electronic poll books to election precincts for the
purpose of modernizing polling places throughout the
state.
c. The state commissioner may spend an amount
not to exceed thirty percent of the moneys in the
revolving loan fund at the beginning of a fiscal
year to administer polling place technology to ensure
compliance with state standards of technological
security and the protection of personally identifiable
information.
3. A loan made under this section shall bear no
interest.
4. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys in the revolving loan
fund shall be credited to the revolving loan fund.
Notwithstanding section 8.33, moneys in the revolving
loan fund that remain unencumbered or unobligated at
the close of a fiscal year shall not revert to any
other fund but shall remain available in the revolving
loan fund for the purposes designated.
5. The state commissioner shall adopt rules
pursuant to chapter 17A to administer this section.
Sec. 30. Section 49.88, subsection 1, Code 2017, is
amended to read as follows:
1. No more than one person shall be allowed
to occupy any voting booth at any time. The use
of cameras, cellular telephones, pagers, or other
electronic communications devices in the voting booth
photographic devices and the display of voted ballots
is prohibited if such use or display is for purposes
prohibited under chapter 39A, interferes with other
voters, or interferes with the orderly operation of the
polling place.
DIVISION IV
ELECTION CERTIFICATION AND AUDITS
Sec. 31. Section 39.2, subsection 1, paragraph a,
Code 2017, is amended to read as follows:
a. All special elections which are authorized or
required by law, unless the applicable law otherwise
requires, shall be held on Tuesday. A special election
shall not be held on the first, second, and third, and
fourth Tuesdays preceding and following the primary and
the general elections.
Sec. 32. NEW SECTION. 49.128 Commissioner filings
and notifications.
1. No later than twenty days following a general
election, the commissioner shall place on file in the
commissioner’s office a certification that the county
met the following requirements at the general election:
a. The testing of voting equipment was performed,
as required under section 52.35.
b. The election personnel training course was
conducted, as required under section 49.124.
c. Polling places met accessibility standards, as
required under section 49.21.
d. The schedule of required publications was
adhered to, as required under section 49.53.
e. The commissioner has complied with
administrative rules adopted by the state commissioner
under chapter 52, including having a written voting
system security plan.
2. a. If the county is required to conduct an
audit under section 50.51, the commissioner shall
include a copy of the results with the certification
required under this section.
b. If a county is not required to conduct an audit
under section 50.51, the commissioner shall include a
copy of the certification required under this section
along with the election canvass summary report required
under section 50.30A.
3. The commissioner shall file a copy of the
certification under this section with the state
commissioner.
4. The commissioner shall promptly notify the state
commissioner of each suspected incidence of election
misconduct that the commissioner has referred to other
agencies or law enforcement for investigation.
5. The state commissioner shall prescribe a form
for use by the county commissioners.
Sec. 33. Section 50.12, Code 2017, is amended to
read as follows:
50.12 Return and preservation of ballots.
Immediately after making the proclamation, and
before separating, the board members of each precinct
in which votes have been received by paper ballot shall
enclose in an envelope or other container all ballots
which have been counted by them, except those endorsed
“Rejected as double”, “Defective”, or “Objected to”,
and securely seal the envelope. The signatures of
all board members of the precinct shall be placed
across the seal or the opening of the container so
that it cannot be opened without breaking the seal.
The precinct election officials shall return all
the ballots to the commissioner, who shall carefully
preserve them for six months. Ballots from elections
for federal offices shall be preserved for twenty-two
months. The sealed packages containing voted ballots
shall be opened only for an official recount authorized
by section 50.48, 50.49, or 50.50, for an election
contest held pursuant to chapters 57 through 62, to
conduct an audit pursuant to section 50.51, or to
destroy the ballots pursuant to section 50.19.
Sec. 34. NEW SECTION. 50.51 Election audits.
1. After each general election, the state
commissioner shall, with the cooperation of the county
commissioners, conduct an audit of the official canvass
of votes from the preceding general election.
2. The state commissioner shall determine the
number of counties and precincts to be audited and
shall select the precincts to be audited by lot. The
absentee ballot and special voters precinct for each
county, established pursuant to section 53.20, shall
be included with all other precincts of the county
for selection by lot. In every precinct selected,
the commissioner shall conduct a hand count of all
ballots cast in the preceding general election for
president of the United States or governor, as the
case may be. The hand count shall be observed by a
representative selected by each of the two political
parties whose candidates received the highest number of
votes statewide in the preceding general election.
3. a. The commissioner may order an administrative
recount pursuant to section 50.50 if the commissioner
determines the results of an audit require an
administrative recount.
b. If selected to conduct an audit, the
commissioner shall provide an audit report to the
county board of supervisors and shall transmit the
audit report to the state commissioner no later than
twenty days following the election.
4. The results of an audit conducted pursuant
to this section shall not change the results, or
invalidate the certification, of an election.
5. In advance of any other election, the state
commissioner may order an audit of the election in the
manner provided in this section.
6. The state commissioner shall adopt rules,
pursuant to chapter 17A, to implement this section.
DIVISION V
VOTER MISCONDUCT INFORMATION AND REPORTING
Sec. 35. Section 48A.26A, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 3. A county attorney receiving
a notification pursuant to subsection 2 shall review
the voter’s registration documents and other such
information as may be necessary, and report the
findings to the commissioner and state registrar of
voters.
Sec. 36. NEW SECTION. 48A.27A Voting more than
once — referral and examination.
1. If the state registrar of voters receives
information from another jurisdiction that a registered
voter of this state may have voted or attempted
to vote more than once in the same election, the
state registrar shall provide the information to the
appropriate commissioner.
2. If a commissioner receives information from the
state registrar of voters or from another jurisdiction
that a registered voter may have voted or attempted
to vote more than once in the same election, the
commissioner shall provide the information to the
county attorney in each jurisdiction where the voter
voted or attempted to vote. A county attorney of
this state that is provided such information shall
examine the information and report any findings to the
commissioner.
DIVISION VI
STRAIGHT PARTY VOTING
Sec. 37. Section 49.37, subsection 1, Code 2017, is
amended to read as follows:
1. For general elections, and for other elections
in which more than one partisan office will be filled,
the first section of the ballot shall be for straight
party voting arranged as provided in this section.
a. Each political party or organization which has
nominated candidates for more than one office shall be
listed. Instructions to the voter for straight party
or organization voting shall be in substantially the
following form:
To vote for all candidates from a single party or
organization, mark the voting target next to the party
or organization name. Not all parties or organizations
have nominated candidates for all offices. Marking a
straight party or organization vote does not include
votes for nonpartisan offices, judges, or questions.
b. Political parties and nonparty political
organizations which have nominated candidates for only
one office shall be listed below the other political
organizations under the following heading:
Other Political Organizations. The following
organizations have nominated candidates for only one
office:
c. Offices shall be arranged in groups. Partisan
offices, nonpartisan offices, judges, and public
measures shall be separated by a distinct line
appearing on the ballot.
Sec. 38. Section 49.37, Code 2017, is amended by
adding the following new subsection:
NEW SUBSECTION. 1A. Offices shall be arranged in
groups. Partisan offices, nonpartisan offices, judges,
and public measures shall be separated by a distinct
line appearing on the ballot.
Sec. 39. Section 49.57, subsection 2, Code 2017, is
amended to read as follows:
2. In the area of the general election ballot for
straight party voting, the party or organization names
shall be printed in upper case and lower case letters
using a uniform font size for each political party or
nonparty political organization. The font size shall
be not less than twelve point type. After the name
of each candidate for a partisan office the name of
the candidate’s political party shall be printed in at
least six point type. The names of political parties
and nonparty political organizations may be abbreviated
on the remainder of the ballot if both the full name
and the abbreviation appear in the “Straight Party” and
“Other Political Party” areas of the ballot.
Sec. 40. Section 49.98, Code 2017, is amended to
read as follows:
49.98 Counting ballots.
The ballots shall be counted according to the
voters’ marks on them as provided in sections 49.92
to 49.97 and 49.93, and not otherwise. If, for any
reason, it is impossible to determine from a ballot,
as marked, the choice of the voter for any office, the
vote for that office shall not be counted. When there
is a conflict between a straight party or organization
vote for one political party or nonparty political
organization and the vote cast by marking the voting
target next to the name of a candidate for another
political party or nonparty political organization on
the ballot, the mark next to the name of the candidate
shall be held to control, and the straight party or
organization vote in that case shall not apply as to
that office. A ballot shall be rejected if the voter
used a mark to identify the voter’s ballot. For each
voting system, the The state commissioner shall, by
rule adopted pursuant to chapter 17A, develop uniform
definitions of what constitutes a vote.
Sec. 41. REPEAL. Sections 49.94, 49.95, 49.96, and
49.97, Code 2017, are repealed.
DIVISION VII
PUBLIC EDUCATION
Sec. 42. PUBLIC EDUCATION. The state commissioner
of elections shall, in consultation with the county
commissioners of elections and other relevant
stakeholder groups, develop and implement a
comprehensive and statewide public education plan,
including multimedia advertising, in order to
inform the voters of this state of the election day
identification requirements contained in this Act.>
2. Title page, line 4, by striking <certifications>
and inserting <duties and certifications, voter
misconduct information and reporting, straight party
voting,>
3. By renumbering as necessary.
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