Bill Text: IA HSB628 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the administration of elections.(See HF 2466.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-12 - Committee report approving bill, renumbered as HF 2466. [HSB628 Detail]
Download: Iowa-2023-HSB628-Introduced.html
House
Study
Bill
628
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
administration
of
elections.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
47.4,
Code
2024,
is
amended
to
read
as
1
follows:
2
47.4
Election
filing
deadlines.
3
If
the
deadline
for
a
filing
pertaining
to
an
election
4
falls
on
a
day
that
the
state
or
county
commissioner’s
office
5
is
closed
for
business,
the
deadline
shall
be
extended
to
6
the
next
day
that
the
office
of
state
commissioner
or
county
7
commissioner
is
open
for
business
to
receive
the
filing.
This
8
section
does
not
apply
to
the
deadline
for
voter
registration
9
under
section
48A.9,
subsection
2
.
10
Sec.
2.
Section
48A.9,
subsection
2,
Code
2024,
is
amended
11
to
read
as
follows:
12
2.
The
commissioner’s
office
shall
be
open
from
8:00
a.m.
13
until
at
least
5:00
p.m.
on
the
day
registration
closes
before
14
each
regularly
scheduled
election.
However,
if
the
last
day
to
15
register
to
vote
for
a
regularly
scheduled
election
falls
on
16
the
day
after
Thanksgiving,
the
deadline
shall
be
the
following
17
Monday.
18
Sec.
3.
Section
49.25,
subsection
1,
Code
2024,
is
amended
19
to
read
as
follows:
20
1.
The
commissioner
shall
determine
pursuant
to
section
21
49.26,
subsection
2
,
in
advance
of
an
election
whether
ballots
22
voted
in
that
election
shall
be
counted
by
automatic
tabulating
23
equipment
or
by
precinct
election
officials.
If
automatic
24
tabulating
equipment
will
be
used,
the
The
commissioner
shall
25
furnish
voting
equipment
for
use
by
voters
with
disabilities.
26
Sec.
4.
Section
49.26,
Code
2024,
is
amended
to
read
as
27
follows:
28
49.26
Commissioner
to
decide
method
Methods
of
voting
——
29
counting
of
ballots
.
30
1.
In
all
elections
regulated
by
this
chapter
,
the
voting
31
shall
be
by
paper
ballots
printed
and
distributed
as
provided
32
by
law,
or
by
voting
systems
meeting
the
requirements
of
33
chapter
52
.
34
2.
a.
The
commissioner
shall
determine
in
advance
of
each
35
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election
conducted
for
a
city
of
three
thousand
five
hundred
or
1
less
population
or
for
any
school
district
whether
the
ballots
2
will
be
counted
by
automatic
tabulating
equipment
or
by
the
3
precinct
election
officials.
In
making
such
a
determination,
4
the
commissioner
shall
consider
voter
turnout
for
recent
5
similar
elections
and
factors
considered
likely
to
affect
voter
6
turnout
for
the
forthcoming
election.
7
b.
If
the
commissioner
concludes,
pursuant
to
paragraph
“a”
,
8
that
voting
will
probably
be
so
light
as
to
make
counting
of
9
ballots
by
the
precinct
election
officials
less
expensive
than
10
preparation
and
use
of
automatic
tabulating
equipment,
paper
11
ballots
may
be
used,
subject
to
paragraph
“c”
.
If
paper
ballots
12
are
used,
the
commissioner
shall
use
ballots
and
instructions
13
similar
to
those
used
when
the
ballots
are
counted
by
automatic
14
tabulating
equipment.
15
c.
Notwithstanding
a
determination
by
the
commissioner
16
pursuant
to
paragraph
“b”
,
upon
receipt
of
a
petition
signed
by
17
not
less
than
one
hundred
eligible
electors,
the
commissioner
18
shall
count
the
ballots
at
an
election
described
in
paragraph
19
“a”
using
automatic
tabulating
equipment.
A
petition
filed
20
under
this
paragraph
must
be
received
by
the
commissioner
21
not
later
than
5:00
p.m.
on
the
forty-second
day
before
the
22
election.
23
Sec.
5.
NEW
SECTION
.
49.29
Electronic
election
register
and
24
poll
book.
25
1.
The
commissioner
may
use
an
electronic
election
register
26
or
election
poll
book
in
lieu
of
a
paper
register
or
poll
book
27
if
the
electronic
election
register
or
poll
book
is
a
product
28
that
has
been
certified
for
use
in
this
state
by
the
state
29
commissioner.
30
2.
The
state
commissioner
shall
adopt
rules
pursuant
to
31
chapter
17A
for
certification
standards
for
electronic
election
32
registers
and
election
poll
books.
The
certification
standards
33
must
include
operational
and
security
standards.
34
Sec.
6.
Section
49.124,
subsection
1,
Code
2024,
is
amended
35
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to
read
as
follows:
1
1.
The
commissioner
shall
conduct,
not
later
than
the
day
2
before
each
primary
and
general
election,
a
training
course
for
3
all
election
personnel
,
and
the
commissioner
may
do
so
before
4
any
other
election
the
commissioner
administers
.
The
personnel
5
shall
include
all
precinct
election
officials
and
any
other
6
persons
who
will
be
employed
in
or
around
the
polling
places
7
on
election
day.
At
least
two
precinct
election
officials
who
8
will
serve
on
each
precinct
election
board
at
the
forthcoming
9
election
shall
attend
the
training
course.
If
the
entire
board
10
does
not
attend,
those
members
who
do
attend
shall
so
far
as
11
possible
be
persons
who
have
not
previously
attended
a
similar
12
training
course.
The
state
commissioner
shall
adopt
rules
13
pursuant
to
chapter
17A
to
implement
instruction
required
under
14
this
subsection
.
15
Sec.
7.
Section
49.128,
subsection
1,
unnumbered
paragraph
16
1,
Code
2024,
is
amended
to
read
as
follows:
17
No
later
than
twenty
days
following
a
general
an
election,
18
the
commissioner
shall
place
on
file
in
the
commissioner’s
19
office
a
certification
that
the
county
met
the
following
20
requirements
at
the
general
election:
21
Sec.
8.
Section
49.128,
subsection
1,
Code
2024,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
f.
The
state
commissioner
may
adopt
rules
24
pursuant
to
chapter
17A
to
require
that
the
commissioner
25
provide
and
certify
additional
information.
26
Sec.
9.
Section
49.128,
subsection
2,
Code
2024,
is
amended
27
to
read
as
follows:
28
2.
a.
If
the
county
is
required
to
conduct
an
audit
under
29
section
50.51
,
the
commissioner
shall
include
a
copy
of
the
30
results
with
the
certification
required
under
this
section
.
31
b.
If
a
county
is
not
required
to
conduct
an
audit
under
32
section
50.51
,
the
commissioner
shall
include
a
copy
of
the
33
certification
required
under
this
section
along
with
the
34
election
canvass
summary
report
required
under
section
50.30A
.
35
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Sec.
10.
NEW
SECTION
.
49.129
Pre-election
submission
1
requirements.
2
1.
No
later
than
ten
days
before
the
election,
the
3
commissioner
shall
notify
the
state
commissioner
of
all
of
the
4
following:
5
a.
The
date,
time,
and
location
the
testing
of
voting
6
equipment
required
pursuant
to
section
52.35
is
to
be
7
performed.
8
b.
The
date
the
election
notice
will
be
published
pursuant
9
to
section
49.53
and
where
it
will
appear.
10
c.
The
date
the
election
personnel
training
course
required
11
pursuant
to
section
49.124
is
to
be
conducted.
12
2.
The
state
commissioner
may
adopt
rules
pursuant
to
13
chapter
17A
to
require
that
the
commissioner
provide
and
14
certify
additional
information.
15
Sec.
11.
Section
50.11,
subsection
2,
Code
2024,
is
amended
16
by
striking
the
subsection.
17
Sec.
12.
Section
50.15A,
Code
2024,
is
amended
to
read
as
18
follows:
19
50.15A
Unofficial
results
of
voting
——
general
election
only
.
20
1.
In
order
to
provide
the
public
with
an
early
source
21
of
election
results
before
the
official
canvass
of
votes,
22
the
state
commissioner
of
elections,
in
cooperation
with
the
23
commissioners
of
elections,
shall
conduct
an
unofficial
canvass
24
of
election
results
following
the
closing
of
the
polls
on
25
the
day
of
a
regular
city
election,
regular
school
election,
26
primary
election,
or
general
election
,
or
any
other
election
27
at
the
discretion
of
the
state
commissioner
.
The
unofficial
28
canvass
shall
report
election
results
for
national
offices,
29
statewide
offices,
the
office
of
state
representative,
the
30
office
of
state
senator,
and
other
offices
or
public
measures
31
at
the
discretion
of
the
state
commissioner
of
elections.
32
The
unofficial
canvass
shall
also
report
the
total
number
of
33
ballots
cast
at
the
general
reported
election.
34
2.
a.
After
the
polls
close
on
election
day,
the
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commissioner
of
elections
shall
periodically
provide
election
1
results
to
the
state
commissioner
of
elections
as
the
precincts
2
in
the
county
report
election
results
to
the
commissioner
3
pursuant
to
section
50.11
.
If
the
commissioner
determines
4
that
all
precincts
will
not
report
election
results
before
5
the
office
is
closed,
the
commissioner
shall
report
the
most
6
complete
results
available
prior
to
leaving
the
office
at
the
7
time
the
office
is
closed
as
provided
in
section
50.11
.
The
8
commissioner
shall
specify
the
number
of
precincts
included
in
9
the
report
to
the
state
commissioner
of
elections
and
provide
10
an
explanation
in
writing
as
to
why
all
precincts
will
not
be
11
reported
.
12
b.
The
state
commissioner
of
elections
shall
tabulate
13
unofficial
election
results
as
the
results
are
received
from
14
the
commissioners
of
elections
and
shall
periodically
make
the
15
reports
of
the
results
available
to
the
public.
16
3.
Before
the
day
of
the
general
reported
election,
the
17
state
commissioner
of
elections
shall
provide
a
form
and
18
instructions
for
reporting
unofficial
election
results
pursuant
19
to
this
section
.
20
4.
The
state
commissioner
shall
set
a
date
and
time
by
which
21
a
commissioner
must
complete
testing
of
the
system
used
for
the
22
unofficial
canvass
before
the
reported
election.
23
Sec.
13.
Section
50.24,
subsection
3,
Code
2024,
is
amended
24
to
read
as
follows:
25
3.
The
board
shall
certify
an
election
canvass
summary
26
report
prepared
by
the
commissioner.
The
election
canvass
27
summary
report
shall
include
the
results
of
the
election,
28
including
scatterings,
overvotes,
and
undervotes,
by
precinct
29
for
each
contest
and
public
measure
that
appeared
on
the
ballot
30
of
the
election
being
canvassed.
However,
if
paper
ballots
are
31
used
pursuant
to
section
49.26
,
the
election
canvass
summary
32
report
shall
not
include
overvotes
and
undervotes.
33
Sec.
14.
Section
50.48,
subsection
5,
Code
2024,
is
amended
34
to
read
as
follows:
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5.
a.
(1)
At
the
conclusion
of
a
recount,
the
recount
1
board
shall
make
and
file
with
the
commissioner
a
written
2
report
of
its
findings,
signed
by
a
majority
of
the
recount
3
board.
4
(2)
The
commissioner
or
commissioner’s
designee
may
5
assist
in
compiling
the
written
report.
The
written
report
6
shall
include
a
full
tally
and
accounting
of
ballots
reviewed
7
by
the
recount
board
and
shall
be
reported
as
required
by
8
sections
50.24
and
53.20.
The
written
report
must
allow
the
9
commissioner
to
correct
the
canvass
of
voters
in
the
manner
10
required
by
law,
if
applicable.
11
b.
If
the
recount
board’s
report
is
that
the
abstracts
12
prepared
pursuant
to
the
county
board’s
canvass
were
incorrect
13
as
to
the
number
of
votes
cast
for
the
candidates
for
the
14
office
or
nomination
in
question,
in
that
county
or
district,
15
the
commissioner
shall
at
once
so
notify
the
county
board.
The
16
county
board
shall
reconvene
within
three
days
after
being
so
17
notified,
but
no
later
than
noon
on
the
twenty-seventh
day
18
following
the
election
in
question
for
a
recount
of
the
offices
19
of
president
and
vice
president,
and
shall
correct
its
previous
20
proceedings.
21
Sec.
15.
Section
52.1,
subsection
1,
Code
2024,
is
amended
22
to
read
as
follows:
23
1.
At
all
elections
conducted
under
chapter
49
,
and
at
24
any
other
election
unless
the
commissioner
directs
otherwise
25
pursuant
to
section
49.26
,
votes
shall
be
cast,
registered,
26
recorded,
and
counted
by
means
of
optical
scan
voting
systems,
27
in
accordance
with
this
chapter
.
28
Sec.
16.
Section
53.17,
subsection
4,
unnumbered
paragraph
29
1,
Code
2024,
is
amended
to
read
as
follows:
30
When
a
person
designated
by
the
voter
pursuant
to
section
31
53.33
retrieves
a
completed
absentee
ballot
from
the
voter,
the
32
designee
shall
,
upon
request
of
the
voter,
fill
out
a
receipt
33
to
be
retained
by
the
voter.
The
state
commissioner
shall
34
prescribe
a
form
for
receipts
required
by
this
subsection
.
The
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receipt
shall
include
all
of
the
following:
1
Sec.
17.
Section
53.17,
subsection
4,
paragraph
d,
Code
2
2024,
is
amended
by
striking
the
paragraph.
3
Sec.
18.
Section
53.17,
subsection
4,
paragraph
f,
Code
4
2024,
is
amended
to
read
as
follows:
5
f.
A
statement
that
the
completed
absentee
ballot
will
6
be
delivered
to
the
commissioner’s
office
within
seventy-two
7
hours
of
retrieving
it
from
the
voter
or
before
the
closing
of
8
the
polls
on
election
day,
whichever
is
earlier
,
or
that
the
9
completed
absentee
ballot
will
be
mailed
to
the
commissioner
10
within
seventy-two
hours
of
retrieving
it
from
the
voter
.
11
Sec.
19.
Section
53.20,
subsection
2,
paragraph
b,
Code
12
2024,
is
amended
to
read
as
follows:
13
b.
For
the
primary
election,
general
election
,
and
for
any
14
election
in
which
the
commissioner
determines
in
advance
of
15
the
election
to
report
the
results
of
the
special
precinct
by
16
the
resident
precincts
of
the
voters
who
cast
absentee
and
17
provisional
ballots,
the
commissioner
shall
prepare
a
separate
18
absentee
ballot
style
for
each
precinct
in
the
county
and
shall
19
program
the
voting
system
to
produce
reports
by
the
resident
20
precincts
of
the
voters.
21
Sec.
20.
Section
54.7,
subsection
1,
Code
2024,
is
amended
22
to
read
as
follows:
23
1.
The
presidential
electors
and
alternate
electors
shall
24
meet
in
the
capitol,
at
the
seat
of
government,
on
the
first
25
Monday
Tuesday
after
the
second
Wednesday
in
December
next
26
following
their
election.
27
Sec.
21.
Section
277.4,
subsection
4,
Code
2024,
is
amended
28
to
read
as
follows:
29
4.
Any
person
on
whose
behalf
nomination
petitions
have
been
30
filed
under
this
section
may
withdraw
as
a
candidate
by
filing
31
a
signed
statement
to
that
effect
with
the
secretary
consistent
32
with
section
44.9
,
subsection
5
.
33
Sec.
22.
REPEAL.
Section
52.41,
Code
2024,
is
repealed.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
conduct
of
elections.
The
bill
3
changes
the
filing
deadline
for
voter
registration
forms
that
4
would
be
due
on
the
day
after
Thanksgiving
from
the
following
5
Monday
to
the
next
day
the
office
of
the
county
commissioner
of
6
elections
or
the
state
commissioner
of
elections
is
open.
7
The
bill
strikes
a
provision
allowing
a
county
commissioner
8
of
elections
to
choose
whether
to
use
automatic
tabulating
9
equipment
in
certain
elections
and
makes
conforming
changes.
10
The
bill
allows
a
county
commissioner
of
elections
to
use
an
11
electronic
election
register
or
poll
book
in
lieu
of
a
paper
12
register
or
poll
book
if
the
electronic
election
register
or
13
poll
book
is
a
product
that
has
been
certified
for
use
in
the
14
state
by
the
state
commissioner
of
elections.
The
bill
directs
15
the
state
commissioner
of
elections
to
adopt
rules
regarding
16
electronic
election
registers
and
poll
books,
which
must
17
include
operational
and
security
standards.
18
The
bill
requires
a
county
commissioner
of
elections
to
19
hold
training
for
all
election
personnel
before
each
election,
20
rather
than
before
each
primary
and
general
election.
The
bill
21
also
requires
the
state
commissioner
of
elections
to
adopt
22
rules
for
the
implementation
of
required
instruction.
23
The
bill
requires
a
county
commissioner
of
elections
24
to
place
on
file
a
certification
that
the
office
of
the
25
commissioner
met
certain
requirements
within
20
days
after
26
each
election.
Current
law
requires
that
such
certifications
27
be
filed
after
a
general
election.
The
bill
allows
the
state
28
commissioner
of
elections
to
adopt
rules
requiring
county
29
commissioners
of
elections
to
provide
and
certify
additional
30
information.
The
bill
strikes
a
provision
requiring
a
county
31
commissioner
of
elections
to
include
a
copy
of
a
certification
32
along
with
an
election
canvass
summary
report
when
a
county
is
33
not
required
to
conduct
an
audit.
34
The
bill
requires
a
county
commissioner
of
elections
to
35
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provide
certain
information
to
the
state
commissioner
of
1
elections
not
later
than
10
days
before
an
election,
including
2
the
date,
time,
and
location
of
equipment
testing,
the
date
and
3
location
where
the
election
notice
will
be
published,
and
the
4
date
that
election
personnel
training
will
be
conducted.
The
5
bill
allows
the
state
commissioner
to
adopt
rules
to
require
6
that
a
county
commissioner
provide
and
certify
additional
7
information.
8
The
bill
strikes
a
provision
allowing
election
officials
9
to
electronically
transmit
results
from
voting
equipment
in
10
the
county
commissioner
of
elections’
office
after
producing
a
11
written
report
of
the
election
results.
12
The
bill
requires
the
state
commissioner
of
elections,
13
in
cooperation
with
county
commissioners
of
elections,
to
14
conduct
an
unofficial
canvass
of
election
results
following
the
15
closing
of
polls
for
regular
city,
regular
school,
primary,
or
16
general
elections,
and
any
other
election
at
the
discretion
of
17
the
state
commissioner.
Current
law
requires
an
unofficial
18
canvass
only
for
general
elections.
If
a
county
commissioner
19
of
elections
determines
that
all
precincts
will
not
report
20
results
before
the
office
is
closed,
the
bill
requires
the
21
county
commissioner
to
provide
a
written
explanation
as
to
why.
22
The
bill
requires
the
state
commissioner
to
set
a
date
by
which
23
a
commissioner
must
complete
testing
of
equipment
used
for
an
24
unofficial
canvass.
25
The
bill
requires
a
recount
board
to
include
in
its
written
26
report
following
the
conclusion
of
a
recount
a
full
tally
27
and
accounting
of
ballots
reviewed
by
the
board.
The
report
28
must
allow
the
county
commissioner
of
elections
to
correct
the
29
canvass
of
votes
in
the
manner
required
by
law,
if
applicable.
30
The
bill
requires
the
report
to
be
signed
by
a
majority
of
the
31
recount
board
and
allows
the
commissioner
or
the
commissioner’s
32
designee
to
assist
in
compiling
the
report.
If
the
report
is
33
that
the
initial
abstracts
were
incorrect,
the
bill
requires
34
the
county
board
to
reconvene
no
later
than
noon
27
days
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following
an
election
if
the
election
is
for
president
or
vice
1
president.
2
The
bill
removes
a
requirement
that
a
receipt
filled
out
by
a
3
person
designated
to
return
a
voter’s
completed
absentee
ballot
4
include
a
statement
regarding
the
time
by
which
the
person
5
will
return
the
ballot
and
the
name
of
the
political
party,
6
candidate,
or
committee
for
which
the
designee
is
acting
as
an
7
actual
or
implied
agent.
Code
section
53.33
prohibits
such
a
8
person
from
delivering
a
completed
absentee
ballot.
The
bill
9
also
removes
a
provision
allowing
a
voter
to
request
that
a
10
person
collecting
an
absentee
ballot
fill
out
a
receipt.
Code
11
section
53.33
makes
such
receipts
mandatory.
12
The
bill
requires
the
county
commissioner
of
elections
to
13
prepare
a
separate
absentee
ballot
style
for
each
precinct
in
14
the
county
and
program
the
voting
system
to
produce
reports
by
15
the
resident
precincts
of
the
voters
for
each
primary
election.
16
The
bill
updates
an
internal
reference
regarding
withdrawals
17
of
candidates
for
school
district
elections.
18
The
bill
changes
the
meeting
date
for
presidential
electors
19
and
alternates
from
the
first
Monday
after
the
second
Wednesday
20
in
December
next
following
the
election
to
the
first
Tuesday
21
after
the
second
Wednesday
in
December
next
following
the
22
election.
23
The
bill
repeals
a
requirement
that
the
state
commissioner
24
of
elections
adopt
by
rule
standards
for
the
examination
and
25
testing
of
devices
for
the
electronic
transmission
of
election
26
results
with
the
advice
of
the
board
of
commissioners
and
that
27
all
voting
systems
containing
such
devices
comply
with
those
28
standards.
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