Bill Text: IA HF2486 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the conduct of elections, including emergency powers, procedures relating to electors, and the use of a county seal on materials related to elections. (Formerly HF 2013.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 791. [HF2486 Detail]
Download: Iowa-2019-HF2486-Enrolled.html
House
File
2486
-
Enrolled
House
File
2486
AN
ACT
RELATING
TO
THE
CONDUCT
OF
ELECTIONS,
INCLUDING
EMERGENCY
POWERS,
PROCEDURES
RELATING
TO
ELECTORS,
AND
THE
USE
OF
A
COUNTY
SEAL
ON
MATERIALS
RELATED
TO
ELECTIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
43.14,
subsection
1,
paragraph
g,
Code
2020,
is
amended
by
striking
the
paragraph.
Sec.
2.
Section
45.5,
subsection
1,
paragraph
f,
Code
2020,
is
amended
by
striking
the
paragraph.
Sec.
3.
Section
47.1,
subsection
2,
Code
2020,
is
amended
to
read
as
follows:
2.
a.
The
state
commissioner
of
elections
may
exercise
emergency
powers
over
any
election
being
held
in
a
district
in
which
either
a
natural
or
other
disaster
or
extremely
inclement
weather
has
occurred.
The
state
commissioner’s
decision
to
alter
any
conduct
for
an
election
using
emergency
powers
must
be
approved
by
the
legislative
council.
If
the
legislative
council
does
not
approve
the
secretary
of
state’s
use
of
emergency
powers
to
conduct
an
election,
the
legislative
council
may
choose
to
present
and
approve
its
own
election
procedures
or
choose
to
take
no
further
action.
The
state
House
File
2486,
p.
2
commissioner
of
elections
may
also
exercise
emergency
powers
during
an
armed
conflict
involving
United
States
armed
forces,
or
mobilization
of
those
forces,
or
if
an
election
contest
court
finds
that
there
were
errors
in
the
conduct
of
an
election
making
it
impossible
to
determine
the
result.
b.
If
an
emergency
exists
in
all
precincts
of
a
county,
the
number
of
polling
places
shall
not
be
reduced
by
more
than
thirty-five
percent.
The
polling
places
allowed
to
open
shall
be
equitably
distributed
in
the
county
based
on
the
ratio
of
regular
polling
places
located
in
unincorporated
areas
in
the
county
to
regular
polling
places
in
incorporated
areas
in
the
county.
Sec.
4.
Section
49.57,
subsection
6,
Code
2020,
is
amended
to
read
as
follows:
6.
A
portion
of
the
ballot
shall
include
the
words
“Official
ballot”,
the
unique
identification
number
or
name
assigned
by
the
commissioner
to
the
ballot
style,
the
date
of
the
election,
and
the
impression
or
likeness
of
the
county
seal
of
the
county
of
the
commissioner
who
has
caused
the
ballot
to
be
printed
pursuant
to
section
49.51
.
Sec.
5.
Section
54.5,
subsection
2,
Code
2020,
is
amended
to
read
as
follows:
2.
The
state
central
committee
shall
also
file
a
list
of
the
names
and
addresses
of
the
party’s
presidential
electors
and
alternate
electors
,
one
from
each
congressional
district
and
two
from
the
state
at
large,
not
later
than
5:00
p.m.
on
the
eighty-first
day
before
the
general
election.
A
political
party
may
elect
up
to
two
alternate
electors
at
the
party’s
state
convention.
Additionally,
the
party’s
state
central
committee
may
nominate
one
alternate
elector
for
each
congressional
district.
Sec.
6.
Section
54.5,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
Each
elector
nominee
and
alternate
elector
nominee
of
a
political
party
or
group
of
petitioners
shall
execute
the
following
pledge,
which
shall
accompany
the
submission
of
the
corresponding
names
to
the
state
commissioner:
House
File
2486,
p.
3
If
selected
for
the
position
of
elector,
I
agree
to
serve
and
to
mark
my
ballots
for
president
and
vice
president
for
the
nominees
for
those
offices
of
the
party
(or
group
of
petitioners)
that
nominated
me.
Sec.
7.
Section
54.7,
Code
2020,
is
amended
to
read
as
follows:
54.7
Meeting
——
certificate.
1.
The
presidential
electors
and
alternate
electors
shall
meet
in
the
capitol,
at
the
seat
of
government,
on
the
first
Monday
after
the
second
Wednesday
in
December
next
following
their
election.
2.
If,
at
the
time
of
such
meeting,
any
elector
for
any
cause
is
absent,
those
present
shall
at
once
proceed
to
elect,
from
the
citizens
of
the
state,
a
substitute
elector
or
electors,
and
certify
the
choice
so
made
to
the
governor,
and
the
governor
shall
immediately
cause
the
person
or
persons
so
selected
to
be
notified
thereof
the
state
commissioner
shall
appoint
an
individual
to
substitute
for
the
elector
as
follows:
a.
If
the
alternate
elector
is
present
to
vote,
by
appointing
the
alternate
elector
for
the
vacant
position
.
b.
If
the
alternate
elector
is
not
present
to
vote,
by
appointing
an
elector
chosen
by
lot
from
among
the
other
alternate
electors
present
to
vote
who
were
nominated
by
the
same
political
party
or
group
of
petitioners.
c.
If
the
number
of
alternate
electors
present
to
vote
is
insufficient
to
fill
a
vacant
position
pursuant
to
paragraphs
“a”
and
“b”
,
by
appointing
any
immediately
available
citizen
of
the
state
who
is
qualified
to
serve
as
an
elector
and
chosen
through
nomination
by
a
plurality
vote
of
the
remaining
electors,
including
nomination
and
vote
by
a
single
elector
if
only
one
remains.
d.
If
there
is
a
tie
between
at
least
two
nominees
to
substitute
as
an
elector
in
a
vote
conducted
under
paragraph
“c”
,
by
appointing
an
elector
chosen
by
lot
from
among
those
nominees.
e.
If
all
elector
positions
are
vacant
and
cannot
be
filled
through
the
processes
set
forth
in
paragraphs
“a”
,
“b”
,
“c”
,
and
“d”
,
by
appointing
a
single
presidential
elector
with
remaining
vacant
positions
filled
pursuant
to
the
method
set
forth
in
House
File
2486,
p.
4
paragraph
“c”
and,
if
necessary,
paragraph
“d”
.
3.
To
qualify
to
substitute
for
an
elector
under
subsection
2,
an
individual
who
has
not
executed
the
pledge
required
for
elector
nominees
and
alternate
elector
nominees
under
section
54.5
shall
execute
the
following
pledge:
I
agree
to
serve
and
to
mark
my
ballots
for
president
and
vice
president
consistent
with
the
pledge
of
the
individual
whose
elector
position
I
have
succeeded.
Sec.
8.
Section
54.8,
Code
2020,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
54.8
Elector
voting
——
certificate
of
governor.
1.
At
the
time
designated
for
elector
voting
and
after
all
vacant
positions
have
been
filled
under
section
54.7,
the
state
commissioner
shall
provide
each
elector
with
a
presidential
and
a
vice
presidential
ballot.
The
elector
shall
mark
the
elector’s
presidential
and
vice
presidential
ballots
with
the
elector’s
votes
for
the
offices
of
president
and
vice
president,
respectively,
along
with
the
elector’s
signature
and
the
elector’s
legibly
printed
name.
2.
Except
as
otherwise
provided
by
law
of
this
state
outside
of
this
chapter,
each
elector
shall
present
both
completed
ballots
to
the
state
commissioner
who
shall
examine
the
ballots
and
accept
and
cast
all
ballots
of
electors
whose
votes
are
consistent
with
their
pledges
executed
under
section
54.5
or
54.7.
Except
as
otherwise
provided
by
law
of
this
state
outside
of
this
chapter,
the
state
commissioner
shall
not
accept
and
shall
not
count
an
elector’s
presidential
and
vice
presidential
ballots
if
the
elector
has
not
marked
both
ballots
or
has
marked
one
ballot
in
violation
of
the
elector’s
pledge.
3.
An
elector
who
refuses
to
present
a
ballot,
presents
an
unmarked
ballot,
or
presents
a
ballot
marked
in
violation
of
the
elector’s
pledge
executed
under
section
54.5
or
54.7
vacates
the
office
of
elector.
The
state
commissioner
shall
declare
the
creation
of
the
vacancy
and
fill
the
vacancy
pursuant
to
section
54.7.
4.
The
state
commissioner
shall
distribute
ballots
to
and
collect
ballots
from
a
substitute
elector
and
repeat
the
process
set
forth
in
this
section
for
examining
ballots,
declaring
and
filling
vacant
positions
as
required,
and
House
File
2486,
p.
5
recording
appropriately
completed
ballots
from
the
substituted
electors
until
all
of
the
state’s
electoral
votes
have
been
cast
and
recorded.
5.
The
governor
shall
duly
certify
the
results,
under
the
seal
of
the
state,
to
the
United
States
secretary
of
state,
and
as
required
by
Act
of
Congress
related
to
such
elections.
Sec.
9.
NEW
SECTION
.
54.8A
Elector
replacement
——
associated
certificates.
1.
After
the
vote
of
this
state’s
electors
is
completed,
if
the
final
list
of
electors
differs
from
any
list
that
the
governor
previously
included
on
a
certificate
of
ascertainment
prepared
and
transmitted
under
3
U.S.C.
§6,
the
state
commissioner
shall
immediately
prepare
an
amended
certificate
of
ascertainment
and
transmit
the
amended
certificate
to
the
governor
for
the
governor’s
signature.
2.
The
governor
shall
immediately
deliver
the
signed
amended
certificate
of
ascertainment
to
the
state
commissioner
and
a
signed
duplicate
original
of
the
amended
certificate
of
ascertainment
to
all
individuals
entitled
to
receive
this
state’s
certificate
of
ascertainment,
indicating
that
the
amended
certificate
of
ascertainment
is
to
be
substituted
for
the
certificate
of
ascertainment
previously
submitted.
3.
The
state
commissioner
shall
prepare
a
certificate
of
vote.
The
electors
on
the
final
list
shall
sign
the
certificate.
The
state
commissioner
shall
process
and
transmit
the
signed
certificate
with
the
amended
certificate
of
ascertainment
under
3
U.S.C.
§§9
through
11.
Sec.
10.
Section
331.552,
subsection
4,
Code
2020,
is
amended
to
read
as
follows:
4.
Keep
the
official
county
seal
provided
by
the
county.
The
official
seal
shall
be
an
impression
seal
on
the
face
of
which
shall
appear
the
name
of
the
county,
the
word
“county”
,
which
may
be
abbreviated,
the
word
“treasurer”
which
may
be
abbreviated,
and
the
word
“Iowa”.
Sec.
11.
AFFIDAVIT
OF
CANDIDACY
——
2020
GENERAL
ELECTION
NOMINEES.
For
the
2020
general
election,
a
candidate
nominated
for
county
hospital
trustee
or
township
trustee
shall
file
with
the
county
commissioner
a
signed,
notarized
affidavit
of
candidacy
and
nomination
petition,
if
applicable,
by
5:00
p.m.
House
File
2486,
p.
6
not
less
than
sixty-nine
days
before
the
general
election.
An
affidavit
of
candidacy
shall
include
the
information
required
under
section
44.3.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2486,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor