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House File 516 - EnrolledAn Actrelating to the conduct and administration of elections,
including voter registration, absentee voting, voter
identity verification, signature verification, polling
place prohibitions, commissioner duties and certifications,
voter misconduct information and reporting, straight party
voting, the voting age at primary elections, candidate
filing deadlines, and post-election audits, creating an
electronic poll book and polling place technology revolving
loan fund, providing penalties, and including effective date
and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
GENERAL PROVISIONS
Section 1. Section 22.7, Code 2017, is amended by adding the
following new subsections:
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.
NEW SUBSECTION. 71. The personal identification number
assigned by the state commissioner of elections pursuant to
section 48A.10A, subsection 1.
-1- 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
-2-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
-3-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
-4-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 53.8, subsection 1, Code 2017, is amended by
adding the following new paragraph:
NEW PARAGRAPH. c. For envelopes mailed at any election
other than the primary election, the commissioner shall not
mark any envelope with any information related to the party
affiliation of the applicant.
Sec. 8. 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.
Sec. 9. Section 53.23, subsection 3, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) The commissioner may direct the board to meet on the day
before the election for the purpose of reviewing the absentee
voters’ affidavits appearing on the sealed envelopes. If in
the commissioner’s judgment this procedure is necessary due
to the number of absentee ballots received, the members of
the board may open the sealed affidavit envelopes and remove
the secrecy envelope containing the ballot, but under no
circumstances shall a secrecy envelope or a return envelope
marked with an affidavit be opened before the board convenes
on election day, except as provided in paragraph “c”. If the
affidavit envelopes are opened before election day pursuant to
this paragraph “b”, two observers, one the observers appointed
by each of the two political parties referred to in section
49.13, subsection 2, party, as defined in section 43.2, shall
-5-witness the proceedings. Each political party may appoint up
to five observers under this paragraph “b”. The observers
shall be appointed by the county chairperson or, if the
county chairperson fails to make an appointment, by the state
chairperson. However, if either or both political parties fail
to appoint an observer, the commissioner may continue with the
proceedings.
Sec. 10. Section 53.23, subsection 4, Code 2017, is amended
to read as follows:
4. The room where members of the special precinct election
board are engaged in counting absentee ballots on the day
before the election pursuant to subsection 3, paragraph “c”,
or during the hours the polls are open shall be policed so
as to prevent any person other than those whose presence is
authorized by this subsection from obtaining information
about the progress of the count. The only persons who may
be admitted to that room are the members of the board, one
challenger five challengers representing each political
party, one observer representing any nonparty political
organization or any candidate nominated by petition pursuant
to chapter 45 or any other nonpartisan candidate in a city or
school election appearing on the ballot of the election in
progress, one observer representing persons supporting a public
measure appearing on the ballot and one observer representing
persons opposed to such measure, and the commissioner or the
commissioner’s designee. It shall be unlawful for any of these
persons to communicate or attempt to communicate, directly or
indirectly, information regarding the progress of the count at
any time while the board is convened pursuant to subsection 3,
paragraph “c”, or at any time before the polls are closed.
Sec. 11. EFFECTIVE DATE. The section of this division of
this Act amending section 53.2 takes effect January 1, 2018.
DIVISION II
VOTER IDENTITY AND SIGNATURE VERIFICATION
Sec. 12. Section 48A.2, Code 2017, is amended by adding the
-6-following new subsection:
NEW SUBSECTION. 4A. “Voter identification card” means a
card issued pursuant to section 48A.10A.
Sec. 13. 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. 14. 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. 15. 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. 16. Section 48A.7A, Code 2017, is amended by adding the
-7-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. 17. Section 48A.8, subsection 2, Code 2017, is amended
to read as follows:
2. An eligible elector who registers by mail and who
-8-has not previously voted in an election for federal office
in the county of registration shall be required to provide
identification documents when voting for the first time in the
county, unless the registrant provided on the registration
form the registrant’s Iowa driver’s license number, or
the registrant’s Iowa nonoperator’s identification card
number, or the last four numerals of the registrant’s social
security number and the driver’s license, nonoperator’s
identification, or partial social security number matches an
existing state or federal identification record with the same
number, name, and date of birth. If the registrant under
this subsection votes in person at the polls, or by absentee
ballot at the commissioner’s office or at a satellite voting
station, the registrant shall provide a current and valid
photo identification card, or and shall present, as proof of
residence, to the appropriate election official one of the
following current documents that shows the name and address of
the registrant:
0a. Residential lease.
00a. Property tax statement.
a. Utility bill.
b. Bank statement.
c. Paycheck.
d. Government check.
e. Other government document.
Sec. 18. NEW SECTION. 48A.10A Voter identification 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, on an initial basis, issue a voter identification
card to each active, registered voter whose name does not
appear in the department of transportation’s files. The voter
identification card shall include the name of the registered
voter, a signature line above which the registered voter shall
-9-sign the voter identification card, the registered voter’s
identification number assigned to the voter pursuant to section
47.7, subsection 2, and an additional four-digit personal
identification number assigned by the state commissioner.
2. The commissioner shall issue voter identification cards
on an ongoing basis as prescribed by the state registrar. The
commissioner shall, as a part of the voter acknowledgment
process required under sections 48A.26 and 48A.26A, issue
a voter identification card to a registered voter under
this subsection at the time of registration or update to
registration if the registered voter’s name does not appear
in the department of transportation’s driver’s license or
nonoperator’s identification card files. A registered voter
whose name appears in the department of transportation’s
driver’s license or nonoperator’s identification card files
shall not be issued a voter identification card pursuant to
this section.
3. A person issued a voter identification card under this
section shall not be charged any fee for the issuance or
delivery of the voter identification 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. 19. 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.
Sec. 20. NEW SECTION. 48A.26B Form of acknowledgment.
The state registrar shall adopt rules pursuant to chapter
-10-17A to prescribe the form of written acknowledgments sent to
a registrant by a commissioner pursuant to section 48A.26 or
48A.26A.
Sec. 21. 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. 22. 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
-11-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. 23. 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. 24. Section 49.77, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. Any person desiring to vote shall sign a voter’s
declaration provided by the officials, in substantially the
following form:
VOTER’S DECLARATION
OF ELIGIBILITY
I do solemnly swear or affirm that I am a resident of the ....
precinct, .... ward or township, city of ........, county of
........, Iowa.
I am a registered voter. I was born on the .... day of ....
(month) .... (year). I have not voted and will not
vote in any other precinct in said election.
I understand that any false statement in this declaration is
a criminal offense punishable as provided by law.
................................
Signature of Voter
................................
Address
................................
Telephone (optional)
Approved:
............................................
Board Member
Sec. 25. Section 49.77, subsection 3, Code 2017, is amended
by striking the subsection.
Sec. 26. Section 49.77, subsection 4, paragraph a, Code
-12-2017, is amended to read as follows:
a. A person whose name does not appear on the election
register of the precinct in which that person claims the right
to vote shall not be permitted to vote, unless the person
affirms that the person is currently registered in the county
and presents proof of identity and residence as required
pursuant to section 48A.8, or the commissioner informs the
precinct election officials that an error has occurred and
that the person is a registered voter of that precinct. If
the commissioner finds no record of the person’s registration
but the person insists that the person is a registered voter
of that precinct, the precinct election officials shall allow
the person to cast a ballot in the manner prescribed by section
49.81.
Sec. 27. 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
-13-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 identification card provided pursuant to
section 48A.10A that contains the voter identification number
if the voter identification 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.
-14- 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
-15-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. 28. 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. 29. 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
-16-under this subsection.
Sec. 30. 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. 31. 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
-17-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. 32. 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. 33. 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
-18-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. 34. 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. 35. 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. 36. 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. 37. 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
-19-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. 38. 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
-20-ELECTION CERTIFICATION, OVERSIGHT, AND AUDITS
Sec. 39. 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. 40. Section 47.1, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. The state commissioner may, at the
state commissioner’s discretion, examine the records of a
commissioner to evaluate complaints and to ensure compliance
with the provisions of chapters 39 through 53. The state
commissioner shall adopt rules pursuant to chapter 17A to
require a commissioner to provide written explanations related
to examinations conducted pursuant to this subsection.
Sec. 41. 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
-21-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. 42. 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.
-22- Sec. 43. 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. 44. Section 48A.26A, Code 2017, is amended by adding
-23-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. 45. 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. 46. 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
-24-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. 47. 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. 48. 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. 49. Section 49.98, Code 2017, is amended to read as
follows:
-25- 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. 50. REPEAL. Sections 49.94, 49.95, 49.96, and 49.97,
Code 2017, are repealed.
DIVISION VII
ABSENTEE VOTING PERIOD
Sec. 51. Section 53.8, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Upon receipt of an application for an absentee ballot
and immediately after the absentee ballots are printed,
but not more than twenty-nine days before the election, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3. The absentee ballot shall be sent to the
registered voter by one of the following methods:
Sec. 52. Section 53.10, subsection 1, Code 2017, is amended
to read as follows:
1. Not more than forty twenty-nine days before the date of
-26-the primary election or the general election, the commissioner
shall provide facilities for absentee voting in person at the
commissioner’s office. This service shall also be provided
for other elections as soon as the ballots are ready, but in
no case shall absentee ballots be available under this section
more than forty twenty-nine days before an election.
Sec. 53. Section 53.11, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. Satellite Not more than twenty-nine days before the
date of an election, satellite absentee voting stations may be
established throughout the cities and county at the direction
of the commissioner and shall be established upon receipt
of a petition signed by not less than one hundred eligible
electors requesting that a satellite absentee voting station
be established at a location to be described on the petition.
However, if a special election is scheduled in the county on a
date that falls between the date of the regular city election
and the date of the city runoff election, the commissioner is
not required to establish a satellite absentee voting station
for the city runoff election.
Sec. 54. APPLICABILITY. This division of this Act applies
to elections held on or after January 1, 2018.
DIVISION VIII
VOTING AGE AT PRIMARY ELECTIONS
Sec. 55. Section 48A.5, subsection 2, paragraph c, Code
2017, is amended to read as follows:
c. (1) Be at least eighteen years of age. However,
for purposes of voting in the primary election, an eligible
elector shall be at least eighteen years of age on the date of
the respective general election or city election. Completed
registration forms shall be accepted from registrants who are
at least seventeen and one-half years of age; however,. For
an election other than a primary election, the registration
shall not be effective until the registrant reaches the age
of eighteen. The commissioner of registration shall ensure
-27-that the birth date shown on the registration form is at
least seventeen and one-half years earlier than the date the
registration is processed.
(2) A registrant who is at least seventeen and one-half
years of age and who will be eighteen by the date of a pending
election is a registered voter for the pending election for
purposes of chapter 53. For purposes of voting in a primary
election under chapter 43, a registrant who will be at least
eighteen years of age by the date of the respective general
election or city election is a registered voter for the pending
primary election.
Sec. 56. Section 48A.11, subsection 3, Code 2017, is amended
to read as follows:
3. a. The following questions and statement regarding
eligibility shall be included on forms that may be used for
registration by mail:
[1] “Are you a citizen of the United States of America?”
[2] “Will you be eighteen years of age on or before election
day?”
[3] “If you checked ‘no’ in response to either of these
questions, do not complete this form.”
b. The forms shall also include information noting that, for
purposes of voting in a primary election, a person may complete
the form if the person is a citizen of the United States of
America and will be at least eighteen years of age on the date
of the general election.
Sec. 57. Section 48A.14, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. The challenged registrant is less than seventeen and
one-half years of age.
Sec. 58. Section 48A.23, subsection 1, Code 2017, is amended
to read as follows:
1. At least twice during each school year, the board of
directors of each school district operating a high school and
the authorities in charge of each accredited nonpublic school
-28-shall offer the opportunity to register to vote to each student
who is at least seventeen and one-half years of age.
Sec. 59. Section 48A.26, subsection 9, Code 2017, is amended
to read as follows:
9. When a person who is at least seventeen and one-half
years of age but less than eighteen years of age registers
to vote, the commissioner shall maintain a record of the
registration so as to clearly indicate that it will not take
effect until the registrant’s eighteenth birthday and that the
person is registered and qualifies to vote at any election
held on or after that date. However, the commissioner shall
indicate that the person is registered and qualifies to vote
at the pending primary election if the person will be at least
eighteen years of age on the date of the respective general
election or city election.
Sec. 60. Section 49.79, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. The For an election other than a primary election, the
challenged person is less than eighteen years of age as of the
date of the election at which the person is offering to vote.
For a primary election, the challenged person will be less than
eighteen years of age on the date of the respective general
election or city election.
Sec. 61. Section 49.81, subsection 4, paragraph a, Code
2017, is amended to read as follows:
a. (1) The individual envelopes used for each provisional
ballot cast pursuant to subsection 1 shall have space for the
voter’s name, date of birth, and address and shall have printed
on them the following:
I am a United States citizen, at least eighteen years of
age or, for purposes of voting in a primary election, I
will be at least eighteen years of age on the date of the
respective general election or city election. I believe I am
a registered voter of this county and I am eligible to vote in
this election.
-29-.............
(signature of voter) (date)
(2) The following information is to be provided by the
precinct election official:
Reason for casting provisional ballot:
.................
.................
...........
(signature of precinct
election official)
Sec. 62. Section 280.9A, subsection 3, Code 2017, is amended
to read as follows:
3. At least twice during each school year, the board of
directors of each local public school district operating a
high school and the authorities in charge of each accredited
nonpublic school operating a high school shall offer the
opportunity to register to vote to each student who is at least
seventeen and one-half years of age, as required by section
48A.23.
Sec. 63. Section 602.8102, subsection 15, Code 2017, is
amended to read as follows:
15. Monthly, notify the county commissioner of registration
and the state registrar of voters of persons seventeen and
one-half years of age and older who have been convicted of a
felony during the preceding calendar month or persons who at
any time during the preceding calendar month have been legally
declared to be a person who is incompetent to vote as that term
is defined in section 48A.2.
Sec. 64. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2019.
DIVISION IX
CANDIDATE FILING DEADLINES
Sec. 65. Section 43.6, subsection 1, Code 2017, is amended
to read as follows:
1. When a vacancy occurs in the office of senator in the
-30-Congress of the United States, secretary of state, auditor
of state, treasurer of state, secretary of agriculture, or
attorney general and section 69.13 requires that the vacancy
be filled for the balance of the unexpired term at a general
election, candidates for the office shall be nominated in the
preceding primary election if the vacancy occurs eighty-nine
or more days before the date of that primary election. If
the vacancy occurs less than one hundred four days before the
date of that primary election, the state commissioner shall
accept nomination papers for that office only until 5:00 p.m.
on the seventy-fourth day before the primary election, the
provisions of section 43.11 notwithstanding. If the vacancy
occurs later than eighty-nine days before the date of that
primary election, but not less than eighty-nine eighty-one days
before the date of the general election, the nominations shall
be made in the manner prescribed by this chapter for filling
vacancies in nominations for offices to be voted for at the
general election.
Sec. 66. Section 43.73, Code 2017, is amended to read as
follows:
43.73 State commissioner to certify nominees.
1. Not less than sixty-nine sixty-four days before the
general election the state commissioner shall certify to each
commissioner, under separate party headings, the name of each
person nominated as shown by the official canvass made by the
executive council, or as certified to the state commissioner
by the proper persons when any person has been nominated by
a convention or by a party committee, or by petition, the
office to which the person is nominated, and the order in which
federal and state offices, judges, constitutional amendments,
and state public measures shall appear on the official ballot.
2. The state commissioner shall similarly certify to the
appropriate commissioner or commissioners at the earliest
practicable time the names of nominees for a special election,
called under section 69.14, submitted to the state commissioner
-31-pursuant to section 43.78, subsection 4.
Sec. 67. Section 43.76, subsection 1, Code 2017, is amended
to read as follows:
1. A candidate nominated in a primary election for any
office for which nomination papers are required to be filed
with the state commissioner may withdraw as a nominee for that
office on or before, but not later than, the eighty-ninth
eighty-first day before the date of the general election by so
notifying the state commissioner in writing.
Sec. 68. Section 43.77, subsections 3 and 4, Code 2017, are
amended to read as follows:
3. The person nominated in the primary election as the
party’s candidate for that office subsequently withdrew as
permitted by section 43.76, was found to lack the requisite
qualifications for the office, or died, at a time not later
than the eighty-ninth eighty-first day before the date of the
general election in the case of an office for which nomination
papers must be filed with the state commissioner and not later
than the seventy-fourth day before the date of the general
election in the case of an office for which nomination papers
must be filed with the county commissioner.
4. A vacancy has occurred in the office of senator in the
Congress of the United States, secretary of state, auditor
of state, treasurer of state, secretary of agriculture, or
attorney general, under the circumstances described in section
69.13, less than eighty-nine days before the primary election
and not less than eighty-nine days before the general election.
Sec. 69. Section 43.78, subsection 2, Code 2017, is amended
to read as follows:
2. The name of any candidate designated to fill a vacancy on
the general election ballot in accordance with subsection 1,
paragraph “a”, “b”, or “c” shall be submitted in writing to the
state commissioner not later than 5:00 p.m.on the eighty-first
seventy-third day before the date of the general election.
Sec. 70. Section 43.79, Code 2017, is amended to read as
-32-follows:
43.79 Death of candidate after time for withdrawal.
The death of a candidate nominated as provided by law for
any office to be filled at a general election, during the
period beginning on the eighty-eighth eighty-first day before
the general election, in the case of any candidate whose
nomination papers were filed with the state commissioner,
or beginning on the seventy-third day before the general
election, in the case of any candidate whose nomination papers
were filed with the commissioner, and ending on the last day
before the general election shall not operate to remove the
deceased candidate’s name from the general election ballot. If
the deceased candidate was seeking the office of senator or
representative in the Congress of the United States, governor,
attorney general, senator or representative in the general
assembly or county supervisor, section 49.58 shall control. If
the deceased candidate was seeking any other office, and as a
result of the candidate’s death a vacancy is subsequently found
to exist, the vacancy shall be filled as provided by chapter
69.
Sec. 71. Section 44.4, subsection 1, Code 2017, is amended
to read as follows:
1. Nominations made pursuant to this chapter and chapter
45 which are required to be filed in the office of the state
commissioner shall be filed in that office not more than
ninety-nine days nor later than 5:00 p.m.on the eighty-first
seventy-third day before the date of the general election to
be held in November. Nominations made for a special election
called pursuant to section 69.14 shall be filed by 5:00 p.m.
not less than twenty-five days before the date of an election
called upon at least forty days’ notice and not less than
fourteen days before the date of an election called upon at
least eighteen days’ notice. Nominations made for a special
election called pursuant to section 69.14A shall be filed by
5:00 p.m.not less than twenty-five days before the date of
-33-the election. Nominations made pursuant to this chapter and
chapter 45 which are required to be filed in the office of
the commissioner shall be filed in that office not more than
ninety-two days nor later than 5:00 p.m.on the sixty-ninth
day before the date of the general election. Nominations made
pursuant to this chapter or chapter 45 for city office shall
be filed not more than seventy-two days nor later than 5:00
p.m.on the forty-seventh day before the city election with the
county commissioner of elections responsible under section 47.2
for conducting elections held for the city, who shall process
them as provided by law.
Sec. 72. Section 44.9, subsection 1, Code 2017, is amended
to read as follows:
1. In the office of the state commissioner, at least
seventy-four sixty-eight days before the date of the election.
Sec. 73. Section 44.11, Code 2017, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws before the
deadline established in section 44.9, declines a nomination,
or dies before election day, or if a certificate of nomination
is held insufficient or inoperative by the officer with whom
it is required to be filed, or in case any objection made
to a certificate of nomination, or to the eligibility of any
candidate named in the certificate, is sustained by the board
appointed to determine such questions, the vacancy or vacancies
may be filled by the convention, or caucus, or in such manner
as such convention or caucus has previously provided. The
vacancy or vacancies shall be filled not less than seventy-four
sixty-eight days before the election in the case of nominations
required to be filed with the state commissioner, not less
than sixty-four days before the election in the case of
nominations required to be filed with the commissioner, not
less than thirty-five days before the election in the case of
nominations required to be filed in the office of the school
-34-board secretary, and not less than forty-two days before the
election in the case of nominations required to be filed with
the commissioner for city elections.
Sec. 74. Section 46.21, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
At least sixty-nine sixty-four days before each judicial
election, the state commissioner of elections shall certify to
the county commissioner of elections of each county a list of
the judges of the supreme court, court of appeals, and district
court including district associate judges, full-time associate
juvenile judges, and full-time associate probate judges, and
clerks of the district court to be voted on in each county at
that election. The county commissioner of elections shall
place the names upon the ballot in the order in which they
appear in the certificate. The state commissioner of elections
shall rotate the names in the certificate by county. The names
of all judges and clerks to be voted on shall be placed upon one
ballot, which shall be in substantially the following form:
DIVISION X
PUBLIC EDUCATION
Sec. 75. 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.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 516, Eighty-seventh General Assembly.
-35-______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-36-aw/sc/md
including voter registration, absentee voting, voter
identity verification, signature verification, polling
place prohibitions, commissioner duties and certifications,
voter misconduct information and reporting, straight party
voting, the voting age at primary elections, candidate
filing deadlines, and post-election audits, creating an
electronic poll book and polling place technology revolving
loan fund, providing penalties, and including effective date
and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
GENERAL PROVISIONS
Section 1. Section 22.7, Code 2017, is amended by adding the
following new subsections:
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.
NEW SUBSECTION. 71. The personal identification number
assigned by the state commissioner of elections pursuant to
section 48A.10A, subsection 1.
-1- 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
-2-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
-3-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
-4-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 53.8, subsection 1, Code 2017, is amended by
adding the following new paragraph:
NEW PARAGRAPH. c. For envelopes mailed at any election
other than the primary election, the commissioner shall not
mark any envelope with any information related to the party
affiliation of the applicant.
Sec. 8. 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.
Sec. 9. Section 53.23, subsection 3, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) The commissioner may direct the board to meet on the day
before the election for the purpose of reviewing the absentee
voters’ affidavits appearing on the sealed envelopes. If in
the commissioner’s judgment this procedure is necessary due
to the number of absentee ballots received, the members of
the board may open the sealed affidavit envelopes and remove
the secrecy envelope containing the ballot, but under no
circumstances shall a secrecy envelope or a return envelope
marked with an affidavit be opened before the board convenes
on election day, except as provided in paragraph “c”. If the
affidavit envelopes are opened before election day pursuant to
this paragraph “b”, two observers, one the observers appointed
by each of the two political parties referred to in section
49.13, subsection 2, party, as defined in section 43.2, shall
-5-witness the proceedings. Each political party may appoint up
to five observers under this paragraph “b”. The observers
shall be appointed by the county chairperson or, if the
county chairperson fails to make an appointment, by the state
chairperson. However, if either or both political parties fail
to appoint an observer, the commissioner may continue with the
proceedings.
Sec. 10. Section 53.23, subsection 4, Code 2017, is amended
to read as follows:
4. The room where members of the special precinct election
board are engaged in counting absentee ballots on the day
before the election pursuant to subsection 3, paragraph “c”,
or during the hours the polls are open shall be policed so
as to prevent any person other than those whose presence is
authorized by this subsection from obtaining information
about the progress of the count. The only persons who may
be admitted to that room are the members of the board, one
challenger five challengers representing each political
party, one observer representing any nonparty political
organization or any candidate nominated by petition pursuant
to chapter 45 or any other nonpartisan candidate in a city or
school election appearing on the ballot of the election in
progress, one observer representing persons supporting a public
measure appearing on the ballot and one observer representing
persons opposed to such measure, and the commissioner or the
commissioner’s designee. It shall be unlawful for any of these
persons to communicate or attempt to communicate, directly or
indirectly, information regarding the progress of the count at
any time while the board is convened pursuant to subsection 3,
paragraph “c”, or at any time before the polls are closed.
Sec. 11. EFFECTIVE DATE. The section of this division of
this Act amending section 53.2 takes effect January 1, 2018.
DIVISION II
VOTER IDENTITY AND SIGNATURE VERIFICATION
Sec. 12. Section 48A.2, Code 2017, is amended by adding the
-6-following new subsection:
NEW SUBSECTION. 4A. “Voter identification card” means a
card issued pursuant to section 48A.10A.
Sec. 13. 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. 14. 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. 15. 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. 16. Section 48A.7A, Code 2017, is amended by adding the
-7-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. 17. Section 48A.8, subsection 2, Code 2017, is amended
to read as follows:
2. An eligible elector who registers by mail and who
-8-has not previously voted in an election for federal office
in the county of registration shall be required to provide
identification documents when voting for the first time in the
county, unless the registrant provided on the registration
form the registrant’s Iowa driver’s license number, or
the registrant’s Iowa nonoperator’s identification card
number, or the last four numerals of the registrant’s social
security number and the driver’s license, nonoperator’s
identification, or partial social security number matches an
existing state or federal identification record with the same
number, name, and date of birth. If the registrant under
this subsection votes in person at the polls, or by absentee
ballot at the commissioner’s office or at a satellite voting
station, the registrant shall provide a current and valid
photo identification card, or and shall present, as proof of
residence, to the appropriate election official one of the
following current documents that shows the name and address of
the registrant:
0a. Residential lease.
00a. Property tax statement.
a. Utility bill.
b. Bank statement.
c. Paycheck.
d. Government check.
e. Other government document.
Sec. 18. NEW SECTION. 48A.10A Voter identification 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, on an initial basis, issue a voter identification
card to each active, registered voter whose name does not
appear in the department of transportation’s files. The voter
identification card shall include the name of the registered
voter, a signature line above which the registered voter shall
-9-sign the voter identification card, the registered voter’s
identification number assigned to the voter pursuant to section
47.7, subsection 2, and an additional four-digit personal
identification number assigned by the state commissioner.
2. The commissioner shall issue voter identification cards
on an ongoing basis as prescribed by the state registrar. The
commissioner shall, as a part of the voter acknowledgment
process required under sections 48A.26 and 48A.26A, issue
a voter identification card to a registered voter under
this subsection at the time of registration or update to
registration if the registered voter’s name does not appear
in the department of transportation’s driver’s license or
nonoperator’s identification card files. A registered voter
whose name appears in the department of transportation’s
driver’s license or nonoperator’s identification card files
shall not be issued a voter identification card pursuant to
this section.
3. A person issued a voter identification card under this
section shall not be charged any fee for the issuance or
delivery of the voter identification 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. 19. 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.
Sec. 20. NEW SECTION. 48A.26B Form of acknowledgment.
The state registrar shall adopt rules pursuant to chapter
-10-17A to prescribe the form of written acknowledgments sent to
a registrant by a commissioner pursuant to section 48A.26 or
48A.26A.
Sec. 21. 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. 22. 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
-11-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. 23. 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. 24. Section 49.77, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. Any person desiring to vote shall sign a voter’s
declaration provided by the officials, in substantially the
following form:
VOTER’S DECLARATION
OF ELIGIBILITY
I do solemnly swear or affirm that I am a resident of the ....
precinct, .... ward or township, city of ........, county of
........, Iowa.
I am a registered voter. I was born on the .... day of ....
(month) .... (year). I have not voted and will not
vote in any other precinct in said election.
I understand that any false statement in this declaration is
a criminal offense punishable as provided by law.
................................
Signature of Voter
................................
Address
................................
Telephone (optional)
Approved:
............................................
Board Member
Sec. 25. Section 49.77, subsection 3, Code 2017, is amended
by striking the subsection.
Sec. 26. Section 49.77, subsection 4, paragraph a, Code
-12-2017, is amended to read as follows:
a. A person whose name does not appear on the election
register of the precinct in which that person claims the right
to vote shall not be permitted to vote, unless the person
affirms that the person is currently registered in the county
and presents proof of identity and residence as required
pursuant to section 48A.8, or the commissioner informs the
precinct election officials that an error has occurred and
that the person is a registered voter of that precinct. If
the commissioner finds no record of the person’s registration
but the person insists that the person is a registered voter
of that precinct, the precinct election officials shall allow
the person to cast a ballot in the manner prescribed by section
49.81.
Sec. 27. 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
-13-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 identification card provided pursuant to
section 48A.10A that contains the voter identification number
if the voter identification 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.
-14- 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
-15-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. 28. 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. 29. 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
-16-under this subsection.
Sec. 30. 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. 31. 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
-17-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. 32. 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. 33. 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
-18-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. 34. 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. 35. 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. 36. 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. 37. 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
-19-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. 38. 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
-20-ELECTION CERTIFICATION, OVERSIGHT, AND AUDITS
Sec. 39. 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. 40. Section 47.1, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. The state commissioner may, at the
state commissioner’s discretion, examine the records of a
commissioner to evaluate complaints and to ensure compliance
with the provisions of chapters 39 through 53. The state
commissioner shall adopt rules pursuant to chapter 17A to
require a commissioner to provide written explanations related
to examinations conducted pursuant to this subsection.
Sec. 41. 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
-21-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. 42. 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.
-22- Sec. 43. 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. 44. Section 48A.26A, Code 2017, is amended by adding
-23-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. 45. 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. 46. 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
-24-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. 47. 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. 48. 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. 49. Section 49.98, Code 2017, is amended to read as
follows:
-25- 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. 50. REPEAL. Sections 49.94, 49.95, 49.96, and 49.97,
Code 2017, are repealed.
DIVISION VII
ABSENTEE VOTING PERIOD
Sec. 51. Section 53.8, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Upon receipt of an application for an absentee ballot
and immediately after the absentee ballots are printed,
but not more than twenty-nine days before the election, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3. The absentee ballot shall be sent to the
registered voter by one of the following methods:
Sec. 52. Section 53.10, subsection 1, Code 2017, is amended
to read as follows:
1. Not more than forty twenty-nine days before the date of
-26-the primary election or the general election, the commissioner
shall provide facilities for absentee voting in person at the
commissioner’s office. This service shall also be provided
for other elections as soon as the ballots are ready, but in
no case shall absentee ballots be available under this section
more than forty twenty-nine days before an election.
Sec. 53. Section 53.11, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. Satellite Not more than twenty-nine days before the
date of an election, satellite absentee voting stations may be
established throughout the cities and county at the direction
of the commissioner and shall be established upon receipt
of a petition signed by not less than one hundred eligible
electors requesting that a satellite absentee voting station
be established at a location to be described on the petition.
However, if a special election is scheduled in the county on a
date that falls between the date of the regular city election
and the date of the city runoff election, the commissioner is
not required to establish a satellite absentee voting station
for the city runoff election.
Sec. 54. APPLICABILITY. This division of this Act applies
to elections held on or after January 1, 2018.
DIVISION VIII
VOTING AGE AT PRIMARY ELECTIONS
Sec. 55. Section 48A.5, subsection 2, paragraph c, Code
2017, is amended to read as follows:
c. (1) Be at least eighteen years of age. However,
for purposes of voting in the primary election, an eligible
elector shall be at least eighteen years of age on the date of
the respective general election or city election. Completed
registration forms shall be accepted from registrants who are
at least seventeen and one-half years of age; however,. For
an election other than a primary election, the registration
shall not be effective until the registrant reaches the age
of eighteen. The commissioner of registration shall ensure
-27-that the birth date shown on the registration form is at
least seventeen and one-half years earlier than the date the
registration is processed.
(2) A registrant who is at least seventeen and one-half
years of age and who will be eighteen by the date of a pending
election is a registered voter for the pending election for
purposes of chapter 53. For purposes of voting in a primary
election under chapter 43, a registrant who will be at least
eighteen years of age by the date of the respective general
election or city election is a registered voter for the pending
primary election.
Sec. 56. Section 48A.11, subsection 3, Code 2017, is amended
to read as follows:
3. a. The following questions and statement regarding
eligibility shall be included on forms that may be used for
registration by mail:
[1] “Are you a citizen of the United States of America?”
[2] “Will you be eighteen years of age on or before election
day?”
[3] “If you checked ‘no’ in response to either of these
questions, do not complete this form.”
b. The forms shall also include information noting that, for
purposes of voting in a primary election, a person may complete
the form if the person is a citizen of the United States of
America and will be at least eighteen years of age on the date
of the general election.
Sec. 57. Section 48A.14, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. The challenged registrant is less than seventeen and
one-half years of age.
Sec. 58. Section 48A.23, subsection 1, Code 2017, is amended
to read as follows:
1. At least twice during each school year, the board of
directors of each school district operating a high school and
the authorities in charge of each accredited nonpublic school
-28-shall offer the opportunity to register to vote to each student
who is at least seventeen and one-half years of age.
Sec. 59. Section 48A.26, subsection 9, Code 2017, is amended
to read as follows:
9. When a person who is at least seventeen and one-half
years of age but less than eighteen years of age registers
to vote, the commissioner shall maintain a record of the
registration so as to clearly indicate that it will not take
effect until the registrant’s eighteenth birthday and that the
person is registered and qualifies to vote at any election
held on or after that date. However, the commissioner shall
indicate that the person is registered and qualifies to vote
at the pending primary election if the person will be at least
eighteen years of age on the date of the respective general
election or city election.
Sec. 60. Section 49.79, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. The For an election other than a primary election, the
challenged person is less than eighteen years of age as of the
date of the election at which the person is offering to vote.
For a primary election, the challenged person will be less than
eighteen years of age on the date of the respective general
election or city election.
Sec. 61. Section 49.81, subsection 4, paragraph a, Code
2017, is amended to read as follows:
a. (1) The individual envelopes used for each provisional
ballot cast pursuant to subsection 1 shall have space for the
voter’s name, date of birth, and address and shall have printed
on them the following:
I am a United States citizen, at least eighteen years of
age or, for purposes of voting in a primary election, I
will be at least eighteen years of age on the date of the
respective general election or city election. I believe I am
a registered voter of this county and I am eligible to vote in
this election.
-29-.............
(signature of voter) (date)
(2) The following information is to be provided by the
precinct election official:
Reason for casting provisional ballot:
.................
.................
...........
(signature of precinct
election official)
Sec. 62. Section 280.9A, subsection 3, Code 2017, is amended
to read as follows:
3. At least twice during each school year, the board of
directors of each local public school district operating a
high school and the authorities in charge of each accredited
nonpublic school operating a high school shall offer the
opportunity to register to vote to each student who is at least
seventeen and one-half years of age, as required by section
48A.23.
Sec. 63. Section 602.8102, subsection 15, Code 2017, is
amended to read as follows:
15. Monthly, notify the county commissioner of registration
and the state registrar of voters of persons seventeen and
one-half years of age and older who have been convicted of a
felony during the preceding calendar month or persons who at
any time during the preceding calendar month have been legally
declared to be a person who is incompetent to vote as that term
is defined in section 48A.2.
Sec. 64. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2019.
DIVISION IX
CANDIDATE FILING DEADLINES
Sec. 65. Section 43.6, subsection 1, Code 2017, is amended
to read as follows:
1. When a vacancy occurs in the office of senator in the
-30-Congress of the United States, secretary of state, auditor
of state, treasurer of state, secretary of agriculture, or
attorney general and section 69.13 requires that the vacancy
be filled for the balance of the unexpired term at a general
election, candidates for the office shall be nominated in the
preceding primary election if the vacancy occurs eighty-nine
or more days before the date of that primary election. If
the vacancy occurs less than one hundred four days before the
date of that primary election, the state commissioner shall
accept nomination papers for that office only until 5:00 p.m.
on the seventy-fourth day before the primary election, the
provisions of section 43.11 notwithstanding. If the vacancy
occurs later than eighty-nine days before the date of that
primary election, but not less than eighty-nine eighty-one days
before the date of the general election, the nominations shall
be made in the manner prescribed by this chapter for filling
vacancies in nominations for offices to be voted for at the
general election.
Sec. 66. Section 43.73, Code 2017, is amended to read as
follows:
43.73 State commissioner to certify nominees.
1. Not less than sixty-nine sixty-four days before the
general election the state commissioner shall certify to each
commissioner, under separate party headings, the name of each
person nominated as shown by the official canvass made by the
executive council, or as certified to the state commissioner
by the proper persons when any person has been nominated by
a convention or by a party committee, or by petition, the
office to which the person is nominated, and the order in which
federal and state offices, judges, constitutional amendments,
and state public measures shall appear on the official ballot.
2. The state commissioner shall similarly certify to the
appropriate commissioner or commissioners at the earliest
practicable time the names of nominees for a special election,
called under section 69.14, submitted to the state commissioner
-31-pursuant to section 43.78, subsection 4.
Sec. 67. Section 43.76, subsection 1, Code 2017, is amended
to read as follows:
1. A candidate nominated in a primary election for any
office for which nomination papers are required to be filed
with the state commissioner may withdraw as a nominee for that
office on or before, but not later than, the eighty-ninth
eighty-first day before the date of the general election by so
notifying the state commissioner in writing.
Sec. 68. Section 43.77, subsections 3 and 4, Code 2017, are
amended to read as follows:
3. The person nominated in the primary election as the
party’s candidate for that office subsequently withdrew as
permitted by section 43.76, was found to lack the requisite
qualifications for the office, or died, at a time not later
than the eighty-ninth eighty-first day before the date of the
general election in the case of an office for which nomination
papers must be filed with the state commissioner and not later
than the seventy-fourth day before the date of the general
election in the case of an office for which nomination papers
must be filed with the county commissioner.
4. A vacancy has occurred in the office of senator in the
Congress of the United States, secretary of state, auditor
of state, treasurer of state, secretary of agriculture, or
attorney general, under the circumstances described in section
69.13, less than eighty-nine days before the primary election
and not less than eighty-nine days before the general election.
Sec. 69. Section 43.78, subsection 2, Code 2017, is amended
to read as follows:
2. The name of any candidate designated to fill a vacancy on
the general election ballot in accordance with subsection 1,
paragraph “a”, “b”, or “c” shall be submitted in writing to the
state commissioner not later than 5:00 p.m.on the eighty-first
seventy-third day before the date of the general election.
Sec. 70. Section 43.79, Code 2017, is amended to read as
-32-follows:
43.79 Death of candidate after time for withdrawal.
The death of a candidate nominated as provided by law for
any office to be filled at a general election, during the
period beginning on the eighty-eighth eighty-first day before
the general election, in the case of any candidate whose
nomination papers were filed with the state commissioner,
or beginning on the seventy-third day before the general
election, in the case of any candidate whose nomination papers
were filed with the commissioner, and ending on the last day
before the general election shall not operate to remove the
deceased candidate’s name from the general election ballot. If
the deceased candidate was seeking the office of senator or
representative in the Congress of the United States, governor,
attorney general, senator or representative in the general
assembly or county supervisor, section 49.58 shall control. If
the deceased candidate was seeking any other office, and as a
result of the candidate’s death a vacancy is subsequently found
to exist, the vacancy shall be filled as provided by chapter
69.
Sec. 71. Section 44.4, subsection 1, Code 2017, is amended
to read as follows:
1. Nominations made pursuant to this chapter and chapter
45 which are required to be filed in the office of the state
commissioner shall be filed in that office not more than
ninety-nine days nor later than 5:00 p.m.on the eighty-first
seventy-third day before the date of the general election to
be held in November. Nominations made for a special election
called pursuant to section 69.14 shall be filed by 5:00 p.m.
not less than twenty-five days before the date of an election
called upon at least forty days’ notice and not less than
fourteen days before the date of an election called upon at
least eighteen days’ notice. Nominations made for a special
election called pursuant to section 69.14A shall be filed by
5:00 p.m.not less than twenty-five days before the date of
-33-the election. Nominations made pursuant to this chapter and
chapter 45 which are required to be filed in the office of
the commissioner shall be filed in that office not more than
ninety-two days nor later than 5:00 p.m.on the sixty-ninth
day before the date of the general election. Nominations made
pursuant to this chapter or chapter 45 for city office shall
be filed not more than seventy-two days nor later than 5:00
p.m.on the forty-seventh day before the city election with the
county commissioner of elections responsible under section 47.2
for conducting elections held for the city, who shall process
them as provided by law.
Sec. 72. Section 44.9, subsection 1, Code 2017, is amended
to read as follows:
1. In the office of the state commissioner, at least
seventy-four sixty-eight days before the date of the election.
Sec. 73. Section 44.11, Code 2017, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws before the
deadline established in section 44.9, declines a nomination,
or dies before election day, or if a certificate of nomination
is held insufficient or inoperative by the officer with whom
it is required to be filed, or in case any objection made
to a certificate of nomination, or to the eligibility of any
candidate named in the certificate, is sustained by the board
appointed to determine such questions, the vacancy or vacancies
may be filled by the convention, or caucus, or in such manner
as such convention or caucus has previously provided. The
vacancy or vacancies shall be filled not less than seventy-four
sixty-eight days before the election in the case of nominations
required to be filed with the state commissioner, not less
than sixty-four days before the election in the case of
nominations required to be filed with the commissioner, not
less than thirty-five days before the election in the case of
nominations required to be filed in the office of the school
-34-board secretary, and not less than forty-two days before the
election in the case of nominations required to be filed with
the commissioner for city elections.
Sec. 74. Section 46.21, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
At least sixty-nine sixty-four days before each judicial
election, the state commissioner of elections shall certify to
the county commissioner of elections of each county a list of
the judges of the supreme court, court of appeals, and district
court including district associate judges, full-time associate
juvenile judges, and full-time associate probate judges, and
clerks of the district court to be voted on in each county at
that election. The county commissioner of elections shall
place the names upon the ballot in the order in which they
appear in the certificate. The state commissioner of elections
shall rotate the names in the certificate by county. The names
of all judges and clerks to be voted on shall be placed upon one
ballot, which shall be in substantially the following form:
DIVISION X
PUBLIC EDUCATION
Sec. 75. 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.
______________________________
LINDA UPMEYER
Speaker of the House
______________________________
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 516, Eighty-seventh General Assembly.
-35-______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2017
______________________________
TERRY E. BRANSTAD
Governor
-36-aw/sc/md