Bill Text: IA HF516 | 2017-2018 | 87th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating 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. (Formerly HSB 93.) Various effective dates, see bill.

Spectrum: Committee Bill

Status: (Passed) 2017-05-05 - Signed by Governor. H.J. 1148. [HF516 Detail]

Download: Iowa-2017-HF516-Amended.html

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House File 516 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 93)
       (As Amended and Passed by the House March 10, 2017)

                                      A BILL FOR

  1 An Act relating to the conduct and administration of elections,
  2    including voter registration, absentee voting, voter
  3    identity verification, signature verification, polling place
  4    prohibitions, commissioner duties and certifications, voter
  5    misconduct information and reporting, straight party voting,
  6    and post=election audits, creating an electronic poll book
  7    and polling place technology revolving loan fund, providing
  8    penalties, and including effective date and applicability
  9    provisions.
 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 516 (3) 87
    aw/sc/md

PAG LIN



  1  1                           DIVISION I
  1  2                       GENERAL PROVISIONS
  1  3    Section 1.  Section 22.7, Code 2017, is amended by adding the
  1  4 following new subsection:
  1  5    NEW SUBSECTION.  70.  The voter verification number, as
  1  6 defined in section 53.2, subsection 4, paragraph "c", that is
  1  7 assigned to a voter and maintained and updated in the statewide
  1  8 voter registration system.
  1  9    Sec. 2.  Section 39A.5, subsection 1, paragraph b, Code 2017,
  1 10 is amended by adding the following new subparagraph:
  1 11    NEW SUBPARAGRAPH.  (3)  Violating any provision of chapter
  1 12 48A for which another penalty is not provided.
  1 13    Sec. 3.  NEW SECTION.  48A.24  Deadline for submitting voter
  1 14 registration forms.
  1 15    1.  A person who accepts a completed voter registration form
  1 16 from an applicant shall submit the form to the appropriate
  1 17 commissioner within seven days of receiving the form if the
  1 18 person accepting the form is doing so on behalf of any of the
  1 19 following:
  1 20    a.  A political party, as defined in section 43.2.
  1 21    b.  A nonparty political organization required to nominate
  1 22 candidates under chapter 44.
  1 23    c.  A candidate or committee, as defined in section 68A.102.
  1 24    2.  Notwithstanding the deadline in subsection 1, a person
  1 25 described in subsection 1 who accepts a completed voter
  1 26 registration form from an applicant within three days of the
  1 27 voter registration deadline prescribed in section 48A.9 for
  1 28 the next election shall submit the form to the appropriate
  1 29 commissioner within twenty=four hours of accepting the form,
  1 30 and not later than the registration deadline.
  1 31    Sec. 4.  Section 48A.30, subsection 1, Code 2017, is amended
  1 32 by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  0f.  The registered voter is not a resident
  1 34 of Iowa, or the registered voter submits documentation under
  1 35 section 607A.4, subsection 3, that indicates that the voter is
  2  1 not a citizen of the United States.
  2  2    Sec. 5.  Section 48A.31, Code 2017, is amended to read as
  2  3 follows:
  2  4    48A.31  Deceased persons record.
  2  5    The state registrar of vital statistics shall transmit
  2  6 or cause to be transmitted to the state registrar of voters,
  2  7 once each calendar quarter, a certified list of all persons
  2  8 seventeen and one=half years of age and older in the state
  2  9 whose deaths have been reported to the bureau of vital records
  2 10 of the Iowa department of public health since the previous list
  2 11 of decedents was certified to the state registrar of voters.
  2 12 The list shall be submitted according to the specifications
  2 13 of the state registrar of voters and shall be transmitted to
  2 14 the state registrar of voters without charge for production or
  2 15 transmission. The commissioner shall, in the month following
  2 16 the end of a calendar quarter, run the statewide voter
  2 17 registration system's matching program to determine whether a
  2 18 listed decedent was registered to vote in the county and shall
  2 19 immediately cancel the registration of any person named on the
  2 20 list of decedents.
  2 21    Sec. 6.  Section 53.2, subsections 1, 4, and 8, Code 2017,
  2 22 are amended to read as follows:
  2 23    1.  a.  Any registered voter, under the circumstances
  2 24 specified in section 53.1, may on any day, except election day,
  2 25 and not more than seventy one hundred twenty days prior to the
  2 26 date of the election, apply in person for an absentee ballot
  2 27 at the commissioner's office or at any location designated by
  2 28 the commissioner. However, for those elections in which the
  2 29 commissioner directs the polls be opened at noon pursuant to
  2 30 section 49.73, a voter may apply in person for an absentee
  2 31 ballot at the commissioner's office from 8:00 a.m. until 11:00
  2 32 a.m. on election day.
  2 33    b.  A registered voter may make written application to the
  2 34 commissioner for an absentee ballot. A written application
  2 35 for an absentee ballot must be received by the commissioner
  3  1 no later than 5:00 p.m. on the Friday before the election
  3  2  on the same day as the voter registration deadline provided
  3  3 in section 48A.9 for the election for which the ballot is
  3  4 requested, except when the absentee ballot is requested and
  3  5 voted at the commissioner's office pursuant to section 53.10.
  3  6 A written application for an absentee ballot delivered to the
  3  7 commissioner and received by the commissioner more than seventy
  3  8  one hundred twenty days prior to the date of the election shall
  3  9 be retained by the commissioner and processed in the same
  3 10 manner as a written application received not more than seventy
  3 11 days before the date of the election returned to the voter
  3 12 with a notification of the date when the applications will be
  3 13 accepted.
  3 14    4.  a.  Each application shall contain the following
  3 15 information:
  3 16    (1)  The name and signature of the registered voter, the.
  3 17    (2)  The registered voter's date of birth, the.
  3 18    (3)  The address at which the voter is registered to vote,
  3 19 and the.
  3 20    (4)  The registered voter's voter verification number.
  3 21    (5)  The name or date of the election for which the absentee
  3 22 ballot is requested, and such.
  3 23    (6)  Such other information as may be necessary to determine
  3 24 the correct absentee ballot for the registered voter.
  3 25    b.  If insufficient information has been provided, including
  3 26 the absence of a voter verification number, either on the
  3 27 prescribed form or on an application created by the applicant,
  3 28 the commissioner shall, by the best means available, obtain
  3 29 the additional necessary information. A voter requesting
  3 30 or casting a ballot pursuant to section 53.22 shall not be
  3 31 required to provide a voter verification number.
  3 32    c.  For purposes of this subsection, "voter verification
  3 33 number" means the registered voter's driver's license number
  3 34 or nonoperator's identification card number assigned to the
  3 35 voter by the department of transportation or the registered
  4  1 voter's identification number assigned to the voter by the
  4  2 state commissioner pursuant to section 47.7, subsection 2.
  4  3    8.  An application for an absentee ballot that is returned
  4  4 to the commissioner by a person acting as an actual or implied
  4  5 agent for a political party, as defined in section 43.2, or
  4  6 by a candidate, or committee, all both as defined by chapter
  4  7 68A, shall be returned to the commissioner within seventy=two
  4  8 hours of the time the completed application was received from
  4  9 the applicant or no later than 5:00 p.m. on the Friday before
  4 10  same day as the election deadline under subsection 1, paragraph
  4 11 "b", whichever is earlier.  An application received by a person
  4 12 acting as an actual or implied agent of a political party after
  4 13 the deadline but before the date of the election shall be
  4 14 returned to the commissioner within twenty=four hours.
  4 15    Sec. 7.  Section 53.10, Code 2017, is amended by adding the
  4 16 following new subsection:
  4 17    NEW SUBSECTION.  2A.  A voter shall not vote or offer to
  4 18 vote any ballot except such as the voter has received from
  4 19 the commissioner. A voter voting an absentee ballot at the
  4 20 commissioner's office shall not take or remove any ballot from
  4 21 the commissioner's office.
  4 22                           DIVISION II
  4 23            VOTER IDENTITY AND SIGNATURE VERIFICATION
  4 24    Sec. 8.  Section 48A.2, Code 2017, is amended by adding the
  4 25 following new subsection:
  4 26    NEW SUBSECTION.  4A.  "Voter registration card" means a card
  4 27 issued pursuant to section 48A.10A.
  4 28    Sec. 9.  Section 48A.7A, subsection 1, paragraph b,
  4 29 subparagraph (1), subparagraph division (c), Code 2017, is
  4 30 amended to read as follows:
  4 31    (c)  A United States military or veterans identification
  4 32 card.
  4 33    Sec. 10.  Section 48A.7A, subsection 1, paragraph b,
  4 34 subparagraph (2), unnumbered paragraph 1, Code 2017, is amended
  4 35 to read as follows:
  5  1 If the photographic identification presented does not
  5  2 contain the person's current address in the precinct, the
  5  3 person shall also present one of the following documents that
  5  4 shows the person's name and current address in the precinct,
  5  5 and the document must be dated, or describe terms of residency
  5  6 current to, within forty=five days prior to presentation:
  5  7    Sec. 11.  Section 48A.7A, subsection 1, paragraph c, Code
  5  8 2017, is amended to read as follows:
  5  9    c.  In lieu of paragraph "b", a person wishing to vote
  5 10 may establish identity and residency in the precinct by
  5 11 written oath of a person who is registered to vote in the
  5 12 precinct.  Before signing an oath under this paragraph, the
  5 13 attesting registered voter shall present to the precinct
  5 14 election official proof of the voter's identity, as described
  5 15 in section 49.78, subsection 2. The registered voter's oath
  5 16 shall attest to the stated identity of the person wishing to
  5 17 vote and that the person is a current resident of the precinct.
  5 18 The oath must be signed by the attesting registered voter in
  5 19 the presence of the appropriate precinct election official.
  5 20 A registered voter who has signed an oath on election day
  5 21 attesting to a person's identity and residency as provided in
  5 22 this paragraph is prohibited from signing any further oaths as
  5 23 provided in this paragraph on that day.
  5 24    Sec. 12.  Section 48A.7A, Code 2017, is amended by adding the
  5 25 following new subsection:
  5 26    NEW SUBSECTION.  5.  a.  If a person registers to vote
  5 27 under this section at a polling place that has access to an
  5 28 electronic poll book, the precinct election official shall
  5 29 verify against a database maintained by the state commissioner
  5 30 that the person has not been convicted of a felony or, if the
  5 31 person has been convicted of a felony, the person has had the
  5 32 person's voting rights restored. If the precinct election
  5 33 official determines that the person has not been convicted of
  5 34 a felony or has been convicted of a felony but the person's
  5 35 voting rights have been restored, the precinct election
  6  1 official shall furnish a ballot to the voter. If the database
  6  2 indicates that the person has been convicted of a felony and
  6  3 that the person's voting rights have not been restored, the
  6  4 precinct election official shall challenge the person under
  6  5 section 49.79.
  6  6    b.  If a person registers to vote under this section at
  6  7 a polling place that does not have access to an electronic
  6  8 poll book, the person shall be permitted to cast a provisional
  6  9 ballot under section 49.81, and the absentee and special voters
  6 10 precinct board, appointed pursuant to section 53.23, shall
  6 11 verify against a database maintained by the state commissioner
  6 12 that the person has not been convicted of a felony or, if the
  6 13 person has been convicted of a felony, the person's voting
  6 14 rights have been restored. If information in the database
  6 15 indicates that the person has not been convicted of a felony
  6 16 or, if the person has been convicted of a felony, the person's
  6 17 voting rights have been restored, the voter's provisional
  6 18 ballot shall be counted. If the database indicates that the
  6 19 person has been convicted of a felony and the person's voting
  6 20 rights have not been restored, the voter's provisional ballot
  6 21 shall be rejected.
  6 22    Sec. 13.  NEW SECTION.  48A.10A  Voter registration cards ====
  6 23 verification of voter registration information.
  6 24    1.  The state registrar shall compare lists of persons who
  6 25 are registered to vote with the department of transportation's
  6 26 driver's license and nonoperator's identification card files
  6 27 and shall issue a voter registration card to each active,
  6 28 registered voter whose name does not appear in the department
  6 29 of transportation's files.
  6 30    2.  The commissioner shall issue voter registration cards
  6 31 on an ongoing basis as prescribed by the state registrar for
  6 32 all new registrations and registration updates as a part of the
  6 33 regular voter acknowledgment process required under sections
  6 34 48A.26 and 48A.26A.
  6 35    3.  A person issued a voter registration card under this
  7  1 section shall not be charged any fee for the issuance or
  7  2 delivery of the voter registration card.
  7  3    4.  Implementation of this section shall be contingent upon
  7  4 appropriations by the general assembly in sufficient amounts to
  7  5 meet the requirements of this section.
  7  6    5.  The state registrar shall adopt rules pursuant to chapter
  7  7 17A to implement this section.
  7  8    Sec. 14.  Section 48A.26A, subsection 1, Code 2017, is
  7  9 amended to read as follows:
  7 10    1.  Within forty=five twenty=one days of receiving a
  7 11 voter registration form completed under section 48A.7A, the
  7 12 commissioner shall send an acknowledgment to the registrant, in
  7 13 the manner provided in section 48A.26, subsections 2 through 5,
  7 14 as applicable, at the mailing address shown on the registration
  7 15 form. The acknowledgment shall be sent by nonforwardable mail
  7 16 and shall include the registrant's voter registration card and
  7 17 no other type of card.
  7 18    Sec. 15.  Section 48A.38, subsection 1, paragraph f, Code
  7 19 2017, is amended to read as follows:
  7 20    f.  The county commissioner of registration and the state
  7 21 registrar of voters shall remove a voter's whole or partial
  7 22 social security number, as applicable, voter identification
  7 23 number assigned by the state commissioner, Iowa driver's
  7 24 license number, or Iowa nonoperator's identification card
  7 25 number from a voter registration list prepared pursuant to this
  7 26 section.
  7 27    Sec. 16.  Section 49.53, subsection 1, Code 2017, is amended
  7 28 to read as follows:
  7 29    1.  The commissioner shall not less than four nor more than
  7 30 twenty days before the day of each election, except those for
  7 31 which different publication requirements are prescribed by law,
  7 32 publish notice of the election. The notice shall contain a
  7 33 facsimile of the portion of the ballot containing the first
  7 34 rotation as prescribed by section 49.31, subsection 2, and
  7 35 shall show the names of all candidates or nominees and the
  8  1 office each seeks, and all public questions, to be voted upon
  8  2 at the election. The sample ballot published as a part of the
  8  3 notice may at the discretion of the commissioner be reduced in
  8  4 size relative to the actual ballot but such reduction shall
  8  5 not cause upper case letters appearing in candidates' names or
  8  6 in summaries of public measures on the published sample ballot
  8  7 to be less than nine point type. The notice shall also state
  8  8 the date of the election, the hours the polls will be open,
  8  9 that each voter is required to provide identification at the
  8 10 polling place before the voter can receive and cast a ballot,
  8 11  the location of each polling place at which voting is to occur
  8 12 in the election, and the names of the precincts voting at each
  8 13 polling place, but the statement need not set forth any fact
  8 14 which is apparent from the portion of the ballot appearing as
  8 15 a part of the same notice. The notice shall include the full
  8 16 text of all public measures to be voted upon at the election.
  8 17    Sec. 17.  Section 49.77, subsection 1, unnumbered paragraph
  8 18 1, Code 2017, is amended to read as follows:
  8 19    The board members of their respective precincts shall have
  8 20 charge of the ballots and shall furnish them to the voters
  8 21 after verifying each voter's identity pursuant to section
  8 22 49.78.
  8 23    Sec. 18.  Section 49.77, subsection 3, Code 2017, is amended
  8 24 by striking the subsection.
  8 25    Sec. 19.  NEW SECTION.  49.78  Voter identity and signature
  8 26 verification.
  8 27    1.  To ensure the integrity of, and to instill public
  8 28 confidence in, all elections in this state the general assembly
  8 29 finds that the verification of a voter's identity is necessary
  8 30 before a voter is permitted to receive and cast a ballot.
  8 31    2.  a.  Before a precinct election official furnishes
  8 32 a ballot to a voter under section 49.77, the voter shall
  8 33 establish the voter's identity by presenting the official with
  8 34 one of the following forms of identification for verification:
  8 35    (1)  An Iowa driver's license issued pursuant to section
  9  1 321.189.
  9  2    (2)  An Iowa nonoperator's identification card issued
  9  3 pursuant to section 321.190.
  9  4    (3)  A United States passport.
  9  5    (4)  A United States military or veterans identification
  9  6 card.
  9  7    b.  Upon being presented with a form of identification under
  9  8 this section, the precinct election official shall examine
  9  9 the identification. The precinct election official shall use
  9 10 the information on the identification card, including the
  9 11 signature, to determine whether the person offering to vote
  9 12 appears to be the person depicted on the identification card.
  9 13 The voter's signature shall generally be presumed to be valid.
  9 14 If the identification provided does not appear to be the person
  9 15 offering to vote under section 49.77, the precinct election
  9 16 official shall challenge the person offering to vote in the
  9 17 same manner provided for other challenges by sections 49.79
  9 18 and 49.80. A person offering to vote who establishes identity
  9 19 by presenting a veteran's identification card that does not
  9 20 contain a signature, is not subject to challenge under this
  9 21 paragraph "b".
  9 22    3.  To establish the voter's identity under this section,
  9 23 a person who is registered to vote but is unable to present a
  9 24 form of identification listed under subsection 2 may present
  9 25 any of the following:
  9 26    a.  A current voter registration card provided pursuant to
  9 27 section 48A.10A that contains the voter identification number
  9 28 if the voter registration card is signed before the voter
  9 29 presents the card to the election official.
  9 30    b.  Other forms of identification sufficient to establish
  9 31 identity and residence under section 48A.7A, subsection 1,
  9 32 paragraph "b".
  9 33    4.  A person who is registered to vote but is unable
  9 34 to present a form of identification under subsection 2 or
  9 35 3 may establish identity and residency in the precinct by
 10  1 written oath of a person who is also registered to vote in
 10  2 the precinct. The attesting registered voter's oath shall
 10  3 attest to the stated identity of the person wishing to vote
 10  4 and that the person is a current resident of the precinct.
 10  5 The oath must be signed by the attesting registered voter in
 10  6 the presence of the appropriate precinct election official.
 10  7 A registered voter who has signed two oaths on election day
 10  8 attesting to a person's identity and residency as provided in
 10  9 this subsection is prohibited from signing any further oaths as
 10 10 provided in this subsection on that day.
 10 11    5.  The form of the written oath required of a registered
 10 12 voter attesting to the identity and residency of the voter
 10 13 unable to present a form of identification shall read as
 10 14 follows:
 10 15 I, ..... (name of attesting registered voter), do solemnly
 10 16 swear or affirm all of the following:
 10 17 I am a preregistered voter in this precinct or I registered to
 10 18 vote in this precinct today, and a registered voter did not
 10 19 sign an oath on my behalf. I have not signed more than one oath
 10 20 attesting to the identity and residence of any other person in
 10 21 this election.
 10 22 I am a resident of the ... precinct, ... ward or township,
 10 23 city of ....., county of ....., Iowa.
 10 24 I reside at ....... (street address) in ..... (city or
 10 25 township).
 10 26 I personally know ..... (name of voter), and I personally know
 10 27 that ..... (name of voter) is a resident of the ... precinct,
 10 28 ..... ward or township, city of ....., county of ....., Iowa.
 10 29 I understand that any false statement in this oath is a class
 10 30 "D" felony punishable by no more than five years in confinement
 10 31 and a fine of at least seven hundred fifty dollars but not more
 10 32 than seven thousand five hundred dollars.
 10 33 .............
 10 34 Signature of Attesting Registered Voter
 10 35 Subscribed and sworn before me on .. (date).
 11  1 .............
 11  2 Signature of Precinct Election Official
 11  3    6.  A voter who is not otherwise disqualified from voting and
 11  4 who has established identity under subsection 2, 3, or 4 shall
 11  5 be furnished a ballot and be allowed to vote under section
 11  6 49.77.
 11  7    7.  A registered voter who fails to establish the voter's
 11  8 identity under this section shall be permitted to cast a
 11  9 provisional ballot under section 49.81.
 11 10    8.  a.  Notwithstanding subsection 7, for any election
 11 11 conducted prior to January 1, 2019, a registered voter who
 11 12 fails to establish the voter's identity under this section
 11 13 shall be permitted to vote upon signing an oath attesting to
 11 14 the voter's identity. The form of the written oath required of
 11 15 the person voting under this subsection shall read as follows:
 11 16 My name is ............., and I am a United States citizen,
 11 17 at least eighteen years of age. I am the person named above, I
 11 18 am a registered voter of this county, and I am eligible to vote
 11 19 in this election.
 11 20 .............
 11 21 (signature of voter) (date)
 11 22    b.  This subsection is repealed July 1, 2019.
 11 23    Sec. 20.  Section 49.81, Code 2017, is amended by adding the
 11 24 following new subsection:
 11 25    NEW SUBSECTION.  1A.  A prospective voter who is unable to
 11 26 establish identity under section 49.78, subsection 2, paragraph
 11 27 "a", or section 49.78, subsection 3 or 4, shall be notified by
 11 28 the appropriate precinct election official that the voter may
 11 29 cast a provisional ballot. The voter shall mark the ballot and
 11 30 immediately seal it in an envelope of the type prescribed by
 11 31 subsection 4. The voter shall deliver the sealed envelope to a
 11 32 precinct election official who shall deposit it in an envelope
 11 33 marked "provisional ballots". The ballot shall be considered
 11 34 as having been cast in the special precinct established by
 11 35 section 53.20 for purposes of the postelection canvass.
 12  1    Sec. 21.  Section 49.124, Code 2017, is amended by adding the
 12  2 following new subsection:
 12  3    NEW SUBSECTION.  3.  The training course and the continuing
 12  4 education program under this section shall include practical
 12  5 and holistic instruction on the criteria for determining
 12  6 whether a person meets the requirements for establishing
 12  7 identity under section 49.78, subsection 2, consistent with all
 12  8 voting rights and nondiscrimination provisions of federal and
 12  9 state law. The state commissioner of elections shall adopt
 12 10 rules pursuant to chapter 17A to implement instruction required
 12 11 under this subsection.
 12 12    Sec. 22.  Section 53.2, Code 2017, is amended by adding the
 12 13 following new subsection:
 12 14    NEW SUBSECTION.  4A.  The commissioner may dispute an
 12 15 application if it appears to the commissioner that the
 12 16 signature on the application has been signed by someone other
 12 17 than the registered voter, in comparing the signature on the
 12 18 application to the signature on record of the registered
 12 19 voter named on the application. If the commissioner disputes
 12 20 a registered voter's application under this subsection,
 12 21 the commissioner shall notify the registered voter and the
 12 22 registered voter may submit a new application and signature or
 12 23 update the registered voter's signature on record, as provided
 12 24 by rule adopted by the state commissioner.
 12 25    Sec. 23.  Section 53.18, subsection 3, Code 2017, is amended
 12 26 to read as follows:
 12 27    3.  If the affidavit envelope or the return envelope marked
 12 28 with the affidavit contains a defect that would cause the
 12 29 absentee ballot to be rejected by the absentee and special
 12 30 voters precinct board, the commissioner shall immediately
 12 31 notify the voter of that fact and that the voter's absentee
 12 32 ballot shall not be counted unless the voter requests and
 12 33 returns a replacement ballot in the time permitted under
 12 34 section 53.17, subsection 2.  For the purposes of this section,
 12 35 a return envelope marked with the affidavit shall be considered
 13  1 to contain a defect if it appears to the commissioner that
 13  2 the signature on the envelope has been signed by someone
 13  3 other than the registered voter, in comparing the signature
 13  4 on the envelope to the signature on record of the registered
 13  5 voter named on the envelope. A signature or marking made
 13  6 in accordance with section 39.3, subsection 17, shall not
 13  7 be considered a defect for purposes of this section. The
 13  8 voter may request a replacement ballot in person, in writing,
 13  9 or over the telephone. The same serial number that was
 13 10 assigned to the records of the original absentee ballot
 13 11 application shall be used on the envelope and records of the
 13 12 replacement ballot. The envelope marked with the affidavit and
 13 13 containing the completed replacement ballot shall be marked
 13 14 "Replacement ballot". The envelope marked with the affidavit
 13 15 and containing the original ballot shall be marked "Defective"
 13 16 and the replacement ballot shall be attached to such envelope
 13 17 containing the original ballot and shall be stored in a secure
 13 18 place until they are delivered to the absentee and special
 13 19 voters precinct board, notwithstanding sections 53.26 and
 13 20 53.27.
 13 21    Sec. 24.  Section 53.22, Code 2017, is amended by adding the
 13 22 following new subsection:
 13 23    NEW SUBSECTION.  7.  The proof of identity requirements
 13 24 under section 49.78 shall not apply to a voter casting a ballot
 13 25 pursuant to this section.
 13 26    Sec. 25.  Section 53.25, Code 2017, is amended to read as
 13 27 follows:
 13 28    53.25  Rejecting ballot.
 13 29    1.  a.  If the absentee voter's affidavit lacks the voter's
 13 30 signature, if the applicant is not a duly registered voter on
 13 31 election day in the precinct where the absentee ballot was
 13 32 cast, if the envelope marked with the affidavit contains more
 13 33 than one ballot of any one kind, or if the voter has voted
 13 34 in person, such vote shall be rejected by the absentee and
 13 35 special voters precinct board. If the affidavit envelope or
 14  1 return envelope marked with the affidavit is open, or has been
 14  2 opened and resealed, or if the ballot is not enclosed in such
 14  3 envelope, and an affidavit envelope or return envelope marked
 14  4 with the affidavit with the same serial number and marked
 14  5 "Replacement ballot" is not attached as provided in section
 14  6 53.18, the vote ballot shall be rejected by the absentee and
 14  7 special voters precinct board.
 14  8    b.  If a voter casts a provisional ballot pursuant to section
 14  9 49.78, subsection 7, and the voter has failed to establish the
 14 10 voter's identity at the commissioner's office, the provisional
 14 11 ballot shall be rejected by the absentee and special voters
 14 12 precinct board.
 14 13    2.  If the absentee or provisional ballot is rejected prior
 14 14 to the opening of the affidavit envelope or return envelope
 14 15 marked with the affidavit, the voter casting the ballot shall
 14 16 be notified by a precinct election official by the time the
 14 17 canvass is completed of the reason for the rejection on a form
 14 18 prescribed by the state commissioner of elections.
 14 19    Sec. 26.  SEVERABILITY.  If any provision of this division of
 14 20 this Act or the application of any provision of this division
 14 21 of this Act to any person or circumstance is held invalid, the
 14 22 invalidity shall not affect other provisions of the division
 14 23 which can be given effect without the invalid provisions or
 14 24 application of the invalid provisions, and to this end, the
 14 25 provisions of the division are severable.
 14 26    Sec. 27.  EFFECTIVE DATE.  This division of this Act takes
 14 27 effect upon the appropriation of moneys by the general assembly
 14 28 to the state commissioner of elections in an amount sufficient
 14 29 for implementation of section 48A.10A as declared by the
 14 30 general assembly.
 14 31    Sec. 28.  APPLICABILITY.  This division of this Act applies
 14 32 to elections held on or after the effective date of this
 14 33 division of this Act.
 14 34                          DIVISION III
 14 35                         POLLING PLACES
 15  1    Sec. 29.  NEW SECTION.  47.11  Electronic poll book and
 15  2 polling place technology program ==== revolving loan fund.
 15  3    1.  An electronic poll book and polling place technology
 15  4 program is created and an electronic poll book and polling
 15  5 place technology revolving loan fund is created in the state
 15  6 treasury under the control of the state commissioner. The
 15  7 program and revolving loan fund shall be administered by the
 15  8 state commissioner and the revolving loan fund shall include
 15  9 moneys allocated from the state commissioner's budget and any
 15 10 other moneys obtained or accepted by the state commissioner for
 15 11 deposit in the revolving loan fund.
 15 12    2.  a.  The state commissioner may loan moneys in the
 15 13 revolving loan fund to county commissioners for the purchase or
 15 14 update of electronic poll book and polling place technology.
 15 15    b.  Moneys loaned under this subsection shall be used, in
 15 16 accordance with section 49.28, to furnish electronic poll books
 15 17 to election precincts for the purpose of modernizing polling
 15 18 places throughout the state.
 15 19    c.  The state commissioner may spend an amount not to
 15 20 exceed thirty percent of the moneys in the revolving loan
 15 21 fund at the beginning of a fiscal year to administer polling
 15 22 place technology to ensure compliance with state standards
 15 23 of technological security and the protection of personally
 15 24 identifiable information.
 15 25    3.  A loan made under this section shall bear no interest.
 15 26    4.  Notwithstanding section 12C.7, subsection 2, interest or
 15 27 earnings on moneys in the revolving loan fund shall be credited
 15 28 to the revolving loan fund. Notwithstanding section 8.33,
 15 29 moneys in the revolving loan fund that remain unencumbered or
 15 30 unobligated at the close of a fiscal year shall not revert to
 15 31 any other fund but shall remain available in the revolving loan
 15 32 fund for the purposes designated.
 15 33    5.  The state commissioner shall adopt rules pursuant to
 15 34 chapter 17A to administer this section.
 15 35    Sec. 30.  Section 49.88, subsection 1, Code 2017, is amended
 16  1 to read as follows:
 16  2    1.  No more than one person shall be allowed to occupy
 16  3 any voting booth at any time. The use of cameras, cellular
 16  4 telephones, pagers, or other electronic communications devices
 16  5 in the voting booth photographic devices and the display of
 16  6 voted ballots is prohibited if such use or display is for
 16  7 purposes prohibited under chapter 39A, interferes with other
 16  8 voters, or interferes with the orderly operation of the polling
 16  9 place.
 16 10                           DIVISION IV
 16 11                ELECTION CERTIFICATION AND AUDITS
 16 12    Sec. 31.  Section 39.2, subsection 1, paragraph a, Code 2017,
 16 13 is amended to read as follows:
 16 14    a.  All special elections which are authorized or required
 16 15 by law, unless the applicable law otherwise requires, shall be
 16 16 held on Tuesday. A special election shall not be held on the
 16 17 first, second, and third, and fourth Tuesdays preceding and
 16 18 following the primary and the general elections.
 16 19    Sec. 32.  NEW SECTION.  49.128  Commissioner filings and
 16 20 notifications.
 16 21    1.  No later than twenty days following a general election,
 16 22 the commissioner shall place on file in the commissioner's
 16 23 office a certification that the county met the following
 16 24 requirements at the general election:
 16 25    a.  The testing of voting equipment was performed, as
 16 26 required under section 52.35.
 16 27    b.  The election personnel training course was conducted, as
 16 28 required under section 49.124.
 16 29    c.  Polling places met accessibility standards, as required
 16 30 under section 49.21.
 16 31    d.  The schedule of required publications was adhered to, as
 16 32 required under section 49.53.
 16 33    e.  The commissioner has complied with administrative rules
 16 34 adopted by the state commissioner under chapter 52, including
 16 35 having a written voting system security plan.
 17  1    2.  a.  If the county is required to conduct an audit under
 17  2 section 50.51, the commissioner shall include a copy of the
 17  3 results with the certification required under this section.
 17  4    b.  If a county is not required to conduct an audit under
 17  5 section 50.51, the commissioner shall include a copy of the
 17  6 certification required under this section along with the
 17  7 election canvass summary report required under section 50.30A.
 17  8    3.  The commissioner shall file a copy of the certification
 17  9 under this section with the state commissioner.
 17 10    4.  The commissioner shall promptly notify the state
 17 11 commissioner of each suspected incidence of election misconduct
 17 12 that the commissioner has referred to other agencies or law
 17 13 enforcement for investigation.
 17 14    5.  The state commissioner shall prescribe a form for use by
 17 15 the county commissioners.
 17 16    Sec. 33.  Section 50.12, Code 2017, is amended to read as
 17 17 follows:
 17 18    50.12  Return and preservation of ballots.
 17 19    Immediately after making the proclamation, and before
 17 20 separating, the board members of each precinct in which votes
 17 21 have been received by paper ballot shall enclose in an envelope
 17 22 or other container all ballots which have been counted by them,
 17 23 except those endorsed "Rejected as double", "Defective", or
 17 24 "Objected to", and securely seal the envelope. The signatures
 17 25 of all board members of the precinct shall be placed across
 17 26 the seal or the opening of the container so that it cannot
 17 27 be opened without breaking the seal. The precinct election
 17 28 officials shall return all the ballots to the commissioner, who
 17 29 shall carefully preserve them for six months. Ballots from
 17 30 elections for federal offices shall be preserved for twenty=two
 17 31 months. The sealed packages containing voted ballots shall
 17 32 be opened only for an official recount authorized by section
 17 33 50.48, 50.49, or 50.50, for an election contest held pursuant
 17 34 to chapters 57 through 62, to conduct an audit pursuant to
 17 35 section 50.51, or to destroy the ballots pursuant to section
 18  1 50.19.
 18  2    Sec. 34.  NEW SECTION.  50.51  Election audits.
 18  3    1.  After each general election, the state commissioner
 18  4 shall, with the cooperation of the county commissioners,
 18  5 conduct an audit of the official canvass of votes from the
 18  6 preceding general election.
 18  7    2.  The state commissioner shall determine the number of
 18  8 counties and precincts to be audited and shall select the
 18  9 precincts to be audited by lot. The absentee ballot and
 18 10 special voters precinct for each county, established pursuant
 18 11 to section 53.20, shall be included with all other precincts of
 18 12 the county for selection by lot. In every precinct selected,
 18 13 the commissioner shall conduct a hand count of all ballots cast
 18 14 in the preceding general election for president of the United
 18 15 States or governor, as the case may be. The hand count shall
 18 16 be observed by a representative selected by each of the two
 18 17 political parties whose candidates received the highest number
 18 18 of votes statewide in the preceding general election.
 18 19    3.  a.  The commissioner may order an administrative recount
 18 20 pursuant to section 50.50 if the commissioner determines the
 18 21 results of an audit require an administrative recount.
 18 22    b.  If selected to conduct an audit, the commissioner shall
 18 23 provide an audit report to the county board of supervisors and
 18 24 shall transmit the audit report to the state commissioner no
 18 25 later than twenty days following the election.
 18 26    4.  The results of an audit conducted pursuant to this
 18 27 section shall not change the results, or invalidate the
 18 28 certification, of an election.
 18 29    5.  In advance of any other election, the state commissioner
 18 30 may order an audit of the election in the manner provided in
 18 31 this section.
 18 32    6.  The state commissioner shall adopt rules, pursuant to
 18 33 chapter 17A, to implement this section.
 18 34                           DIVISION V
 18 35           VOTER MISCONDUCT INFORMATION AND REPORTING
 19  1    Sec. 35.  Section 48A.26A, Code 2017, is amended by adding
 19  2 the following new subsection:
 19  3    NEW SUBSECTION.  3.  A county attorney receiving a
 19  4 notification pursuant to subsection 2 shall review the voter's
 19  5 registration documents and other such information as may be
 19  6 necessary, and report the findings to the commissioner and
 19  7 state registrar of voters.
 19  8    Sec. 36.  NEW SECTION.  48A.27A  Voting more than once ====
 19  9 referral and examination.
 19 10    1.  If the state registrar of voters receives information
 19 11 from another jurisdiction that a registered voter of this state
 19 12 may have voted or attempted to vote more than once in the same
 19 13 election, the state registrar shall provide the information to
 19 14 the appropriate commissioner.
 19 15    2.  If a commissioner receives information from the state
 19 16 registrar of voters or from another jurisdiction that a
 19 17 registered voter may have voted or attempted to vote more than
 19 18 once in the same election, the commissioner shall provide the
 19 19 information to the county attorney in each jurisdiction where
 19 20 the voter voted or attempted to vote. A county attorney of
 19 21 this state that is provided such information shall examine the
 19 22 information and report any findings to the commissioner.
 19 23                           DIVISION VI
 19 24                      STRAIGHT PARTY VOTING
 19 25    Sec. 37.  Section 49.37, subsection 1, Code 2017, is amended
 19 26 to read as follows:
 19 27    1.  For general elections, and for other elections in which
 19 28 more than one partisan office will be filled, the first section
 19 29 of the ballot shall be for straight party voting arranged as
 19 30 provided in this section.
 19 31    a.  Each political party or organization which has
 19 32 nominated candidates for more than one office shall be listed.
 19 33 Instructions to the voter for straight party or organization
 19 34 voting shall be in substantially the following form:
 19 35 To vote for all candidates from a single party or
 20  1 organization, mark the voting target next to the party or
 20  2 organization name. Not all parties or organizations have
 20  3 nominated candidates for all offices. Marking a straight party
 20  4 or organization vote does not include votes for nonpartisan
 20  5 offices, judges, or questions.
 20  6    b.  Political parties and nonparty political organizations
 20  7 which have nominated candidates for only one office shall
 20  8 be listed below the other political organizations under the
 20  9 following heading:
 20 10 Other Political Organizations. The following organizations
 20 11 have nominated candidates for only one office:
 20 12    c.  Offices shall be arranged in groups. Partisan offices,
 20 13 nonpartisan offices, judges, and public measures shall be
 20 14 separated by a distinct line appearing on the ballot.
 20 15    Sec. 38.  Section 49.37, Code 2017, is amended by adding the
 20 16 following new subsection:
 20 17    NEW SUBSECTION.  1A.  Offices shall be arranged in groups.
 20 18 Partisan offices, nonpartisan offices, judges, and public
 20 19 measures shall be separated by a distinct line appearing on the
 20 20 ballot.
 20 21    Sec. 39.  Section 49.57, subsection 2, Code 2017, is amended
 20 22 to read as follows:
 20 23    2.  In the area of the general election ballot for straight
 20 24 party voting, the party or organization names shall be printed
 20 25 in upper case and lower case letters using a uniform font size
 20 26 for each political party or nonparty political organization.
 20 27 The font size shall be not less than twelve point type. After
 20 28 the name of each candidate for a partisan office the name of
 20 29 the candidate's political party shall be printed in at least
 20 30 six point type. The names of political parties and nonparty
 20 31 political organizations may be abbreviated on the remainder of
 20 32 the ballot if both the full name and the abbreviation appear
 20 33 in the "Straight Party" and "Other Political Party" areas of
 20 34 the ballot.
 20 35    Sec. 40.  Section 49.98, Code 2017, is amended to read as
 21  1 follows:
 21  2    49.98  Counting ballots.
 21  3    The ballots shall be counted according to the voters' marks
 21  4 on them as provided in sections 49.92 to 49.97 and 49.93,
 21  5 and not otherwise. If, for any reason, it is impossible
 21  6 to determine from a ballot, as marked, the choice of the
 21  7 voter for any office, the vote for that office shall not be
 21  8 counted. When there is a conflict between a straight party or
 21  9 organization vote for one political party or nonparty political
 21 10 organization and the vote cast by marking the voting target
 21 11 next to the name of a candidate for another political party
 21 12 or nonparty political organization on the ballot, the mark
 21 13 next to the name of the candidate shall be held to control,
 21 14 and the straight party or organization vote in that case shall
 21 15 not apply as to that office. A ballot shall be rejected if
 21 16 the voter used a mark to identify the voter's ballot. For
 21 17 each voting system, the The state commissioner shall, by rule
 21 18 adopted pursuant to chapter 17A, develop uniform definitions of
 21 19 what constitutes a vote.
 21 20    Sec. 41.  REPEAL.  Sections 49.94, 49.95, 49.96, and 49.97,
 21 21 Code 2017, are repealed.
 21 22                          DIVISION VII
 21 23                        PUBLIC EDUCATION
 21 24    Sec. 42.  PUBLIC EDUCATION.  The state commissioner of
 21 25 elections shall, in consultation with the county commissioners
 21 26 of elections and other relevant stakeholder groups, develop and
 21 27 implement a comprehensive and statewide public education plan,
 21 28 including multimedia advertising, in order to inform the voters
 21 29 of this state of the election day identification requirements
 21 30 contained in this Act.
       HF 516 (3) 87
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