Bill Text: IA HSB664 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to the conduct of elections, including procedures for proposed amendments to the Iowa Constitution, the issuance of bonds, self-promotion with taxpayer funds, voter registration, and absentee ballots, providing penalties, and including effective date provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-11 - Subcommittee: Jacobsen, Sexton and Hunter. H.J. 252. [HSB664 Detail]

Download: Iowa-2019-HSB664-Introduced.html

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House Study Bill 664 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON KAUFMANN)
A BILL FOR
An Act relating to the conduct of elections, including
procedures for proposed amendments to the Iowa Constitution,
the issuance of bonds, self-promotion with taxpayer
funds, voter registration, and absentee ballots, providing
penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION
Section 1. Section 49.43, subsection 2, Code 2020, is
amended to read as follows:
2. Constitutional amendments and other public measures may
shall be summarized by the commissioner as provided in sections
49.44 and 52.25 .
Sec. 2. Section 49.44, subsection 1, Code 2020, is amended
to read as follows:
1. When a proposed constitutional amendment or other public
measure to be decided by the voters of the entire state is to
be voted upon, the state commissioner shall prepare a written
summary of the amendment or measure including the number of
the amendment or statewide public measure assigned by the
state commissioner. The summary shall be printed immediately
preceding the text of the proposed amendment or measure on the
paper ballot or optical scan ballot referred to in section
49.43 . If the complete text of the proposed amendment or
public measure will not fit on the ballot it shall be posted
inside the voting booth. A copy of the full text shall be
included with any absentee ballots.
Sec. 3. REPEAL. Sections 49A.10 and 49A.11, Code 2020, are
repealed.
DIVISION II
ISSUANCE OF BONDS
Sec. 4. Section 49.45, Code 2020, is amended to read as
follows:
49.45 General form of ballot.
1. Ballots referred to in section 49.43 shall be
substantially in the following form:
Shall the following amendment to the Constitution (or public
measure) be adopted?
☐ Yes
☐ No
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(Here insert the summary, if it is for a constitutional
amendment or statewide public measure, and in full the proposed
constitutional amendment or public measure. The number
assigned by the state commissioner or the letter assigned
by the county commissioner shall be included on the ballot
centered above the question, “Shall the following amendment to
the Constitution [or public measure] be adopted?”.)
2. A public measure to approve the issuance of a bond
pursuant to chapter 75 or 296 shall include on the ballot the
current property tax levy, which shall immediately follow
the proposed levy, and the term of the bond. Such a public
measure shall also include on the ballot the average increase
or decrease in the property tax burden of an average home in
each county, as well as the average of such averages, according
to data provided by the United States census bureau.
DIVISION III
SELF-PROMOTION WITH TAXPAYER FUNDS
Sec. 5. Section 68A.405A, subsection 1, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 6. Section 68A.405A, Code 2020, is amended by adding
the following new subsections:
NEW SUBSECTION . 3. For the purposes of this section,
“direct mass mailing” means a mailing, regardless of whether
the mailing was sent in response to a request or due to the
recipient’s enrollment in a program, the purpose of which is to
attract public attention to a person, policy, product, service,
program, initiative, law, legislation, event, or activity
promoted by the statewide elected official that is all of the
following:
a. Printed material delivered by the United States mail or
other delivery service.
b. Sent to more than two hundred physical addresses.
c. Substantially similar or identical as regards each
mailing.
d. Sent at the same time or within a thirty-day period.
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NEW SUBSECTION . 4. For the purposes of this section,
only moneys appropriated to the offices of the governor and
lieutenant governor are considered under the control of the
governor or lieutenant governor.
DIVISION IV
MISCELLANEOUS PROVISIONS
Sec. 7. Section 54.9, Code 2020, is amended to read as
follows:
54.9 Compensation.
The electors shall each receive a compensation of
five dollars one-half of the federal general services
administration’s per diem rate for the relevant date and
location for every day’s attendance, and the same mileage as
members of the general assembly which shall be paid from funds
not otherwise appropriated from the general fund of the state.
Sec. 8. Section 68.9, subsection 1, Code 2020, is amended
to read as follows:
1. When an impeachment is presented, the senate shall, after
the hour of final adjournment of the legislature as soon as
practicable , be forthwith organized as a court of impeachment
for the trial thereof, at the capitol.
Sec. 9. Section 68.14, Code 2020, is amended to read as
follows:
68.14 Compensation —— fees —— payment.
The presiding officer and members of the senate, while
sitting as a court of impeachment, and the managers elected
by the house of representatives, shall receive the sum of
six dollars each per day be compensated the same as for a
special session of the general assembly, but shall receive
no additional compensation during a regular session of the
general assembly , and shall be reimbursed for mileage expense
in going from and returning to their places of residence by the
ordinary traveled routes; the secretary, sergeant at arms, and
all subordinate officers, clerks, and reporters, shall receive
such amount as shall be determined upon by a majority vote of
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the members of such court. The same fees shall be allowed to
witnesses, to officers, and to other persons serving process or
orders, as are allowed for like services in criminal cases, but
no fees can be demanded in advance. The state treasurer shall,
upon the presentation of certificates signed by the presiding
officer and secretary of the senate, pay all of the foregoing
compensations and the expenses of the senate incurred under the
provisions of this chapter .
DIVISION V
CONDUCT OF ELECTIONS
Sec. 10. Section 39.12, Code 2020, is amended to read as
follows:
39.12 Failure to vacate.
An elected official who has been elected to another elective
office to which section 39.11 applies shall choose only one
office in which to serve. The official shall resign from all
but one of the offices to which section 39.11 applies before
the beginning of the term of the office to which the person
was most recently elected. Failure to submit the required
resignation will result in a vacancy in all the first elective
offices office to which the person was elected.
Sec. 11. Section 43.11, subsection 1, Code 2020, is amended
to read as follows:
1. For an elective county office, in the office of the
county commissioner not earlier than ninety-two days nor later
than 5:00 p.m. on the sixty-ninth seventy-fourth day before the
day fixed for holding the primary election.
Sec. 12. Section 43.16, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. A person who has filed nomination papers with the
commissioner may withdraw as a candidate not later than the
sixty-seventh sixty-ninth day before the primary election by
notifying the commissioner in writing.
Sec. 13. Section 43.23, Code 2020, is amended to read as
follows:
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43.23 Death or withdrawal of primary candidate.
1. If a person who has filed nomination papers with the
state commissioner as a candidate in a primary election dies
or withdraws up to the seventy-sixth day before the primary
election, the appropriate convention or central committee of
that person’s political party may designate one additional
primary election candidate for the nomination that person
was seeking, if the designation is submitted to the state
commissioner in writing by 5:00 p.m. on the seventy-first day
before the date of the primary election. The name of any
candidate so submitted shall be included in the appropriate
certificate or certificates furnished by the state commissioner
under section 43.22 .
2. If a person who has filed nomination papers with the
commissioner as a candidate in a primary election dies or
withdraws up to the sixty-seventh sixty-ninth day before
the primary election, the appropriate convention or central
committee of that person’s political party may designate one
additional primary election candidate for the nomination
that person was seeking, if the designation is submitted to
the commissioner in writing by 5:00 p.m. on the sixty-third
sixty-fourth day before the primary election. The name of
any candidate so submitted shall be placed on the appropriate
ballot or ballots by the commissioner.
Sec. 14. Section 43.78, subsection 2, Code 2020, 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
seventy-third seventy-sixth day before the date of the general
election.
Sec. 15. Section 43.79, Code 2020, is amended to read as
follows:
43.79 Death of candidate after time for withdrawal.
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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-first seventy-fifth 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 at the
time the polls close on the day of 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. 16. Section 44.1, Code 2020, is amended to read as
follows:
44.1 Political nonparty Nonparty political organizations.
Any convention or caucus of eligible electors representing
a political organization which is not a political party as
defined by law, may, for the state, or for any division or
municipality thereof, or for any county, or for any subdivision
thereof, for which such convention or caucus is held, make one
nomination of a candidate for each office to be filled therein
at the general election. However, in order to qualify for
any nomination made for a statewide elective office by such
a political organization there shall be in attendance at the
convention or caucus where the nomination is made a minimum of
two hundred fifty five hundred eligible electors including at
least one eligible elector from each of twenty-five counties.
In order to qualify for any nomination to the office of United
States representative there shall be in attendance at the
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convention or caucus where the nomination is made a minimum
of fifty two hundred eligible electors who are residents of
the congressional district including at least one eligible
elector from each of at least one-half of the counties of
the congressional district. In order to qualify for any
nomination to an office to be filled by the voters of a county
or of a city there shall be in attendance at the convention or
caucus where the nomination is made a minimum of ten twenty
eligible electors who are residents of the county or city,
as the case may be, including at least one eligible elector
from at least one-half of the voting precincts in that county
or city. In order to qualify for any nomination made for
the general assembly there shall be in attendance at the
convention or caucus where the nomination is made a minimum
of ten twenty-five eligible electors who are residents of the
representative district or twenty fifty eligible electors who
are residents of the senatorial district, as the case may be,
with at least one eligible elector from one-half of the voting
precincts in the district in each case. The names of all
delegates in attendance at such convention or caucus and such
fact shall be certified to the state commissioner together with
the other certification requirements of this chapter .
Sec. 17. Section 44.4, subsection 2, paragraph a,
subparagraph (1), Code 2020, is amended to read as follows:
(1) Those filed with the state commissioner, not less than
sixty-eight seventy-four days before the date of the election.
Sec. 18. Section 44.9, subsections 1 and 2, Code 2020, are
amended to read as follows:
1. In the office of the state commissioner, at least
sixty-eight days before the date of the election as provided
in section 43.76 .
2. In the office of the appropriate commissioner, at least
sixty-four days before the date of the election, except as
otherwise provided in subsection 6 as provided in section
43.76 .
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Sec. 19. Section 48A.9, subsection 1, Code 2020, is amended
to read as follows:
1. Registration closes at 5:00 p.m. eleven days before each
election except general elections. For general elections,
registration closes at 5:00 p.m. ten days before the election .
An eligible elector may register during the time registration
is closed in the elector’s precinct but the registration shall
not become effective until registration opens again in the
elector’s precinct, except as otherwise provided in section
48A.7A .
Sec. 20. NEW SECTION . 49.2 Oversight by the state
commissioner.
The state commissioner, or a designee of the state
commissioner, may, at the discretion of the state commissioner,
oversee the activities of a county commissioner of elections
during a period beginning sixty days before an election and
ending sixty days after an election. For the purposes of this
section, “oversee” means to observe election-related activity,
correct any activity not in accordance with law, and issue a
written notice and instructions pursuant to section 39A.6 for
any technical infractions that are observed.
Sec. 21. NEW SECTION . 49.42B Form of official ballot ——
candidates for president and vice president.
When candidates for president and vice president of the
United States appear on the ballot, the following statement
shall appear directly above the section of the ballot listing
such candidates:
[A ballot cast for the named candidates for president
and vice president of the United States is considered to be
cast for the slate of presidential electors nominated by
the political party, nonparty political organization, or
independent candidate.]
Sec. 22. Section 49.53, subsection 1, Code 2020, is amended
to read as follows:
1. The commissioner shall not less than four nor more than
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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 list the names of all candidates or nominees and the
office each seeks, and all public questions, to be voted upon
at the election. The sample ballot published as a part of the
notice may at the discretion of the commissioner be reduced in
size relative to the actual ballot but such reduction shall
not cause upper case letters appearing in candidates’ names or
in summaries of public measures on the published sample ballot
to be less than nine point type. The notice shall also state
the date of the election, the hours the polls will be open,
that each voter is required to provide identification at the
polling place before the voter can receive and cast a ballot,
the location of each polling place at which voting is to occur
in the election, and the names of the precincts voting at each
polling place , but the statement need not set forth any fact
which is apparent from the portion of the ballot appearing as
a part of the same notice . The notice shall include the full
text of all public measures to be voted upon at the election.
The notice may contain one or more facsimiles of the portion
of the ballot containing the first rotation as prescribed by
section 49.31, subsection 2.
Sec. 23. Section 49.58, subsection 1, Code 2020, is amended
to read as follows:
1. If any candidate nominated by a political party,
as defined in section 43.2 , for the office of senator or
representative in the Congress of the United States, governor,
attorney general, or senator or representative in the general
assembly dies during the period beginning on the eighty-eighth
eighty-first day and ending at the time the polls close on the
last day before of the general election, or if any candidate
so nominated for the office of county supervisor dies during
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the period beginning on the seventy-third seventy-fourth day
and ending at the time the polls close on the last day before
of the general election, the vote cast at the general election
for that office shall not be canvassed as would otherwise be
required by chapter 50 . Instead, a special election shall be
held on the first Tuesday after the second Monday in December,
for the purpose of electing a person to fill that office.
Sec. 24. Section 49.73, subsection 2, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
2. a. The commissioner shall not shorten voting hours for
any election if there is filed in the commissioner’s office, at
least twenty-five days before the election, a petition signed
by at least fifty eligible electors of the school district
or city, as the case may be, requesting that the polls be
opened not later than 7:00 a.m. All polling places where the
candidates of or any public question submitted by any one
political subdivision are being voted upon shall be opened at
the same hour, except that this requirement shall not apply to
merged areas established under chapter 260C. The hours at which
the respective precinct polling places are to open shall not
be changed after publication of the notice required by section
49.53. The polling places shall be closed at 8:00 p.m. for all
elections.
b. The legislative services agency shall place on the
internet site of the agency information regarding the opening
and closing times of polling places until and including
November 5, 2024. This paragraph is repealed effective July
1, 2025.
Sec. 25. Section 49.109, Code 2020, is amended to read as
follows:
49.109 Employees entitled to time to vote.
Any person entitled to vote at an election in this state who
does not have three two consecutive hours in the period between
the time of the opening and the time of the closing of the polls
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during which the person is not required to be present at work
for an employer, is entitled to such time off from work time to
vote as will in addition to the person’s nonworking time total
three two consecutive hours during the time the polls are open.
Application by any employee for such absence shall be made
individually and in writing prior to the date of the election,
and the employer shall designate the period of time to be
taken. The employee is not liable to any penalty nor shall any
deduction be made from the person’s regular salary or wages on
account of such absence.
Sec. 26. Section 49A.6, Code 2020, is amended to read as
follows:
49A.6 Certification —— sample ballot.
The state commissioner of elections shall, not less than
sixty-nine sixty-three days preceding any election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state, transmit to the
county commissioner of elections of each county a certified
copy of the amendment or measure and a sample of the ballot to
be used in such cases, prepared in accordance with law.
Sec. 27. Section 50.44, Code 2020, is amended to read as
follows:
50.44 Tie vote.
1. If Except as otherwise provided in this section, if more
than the requisite number of persons , including presidential
electors, are found to have an equal and the highest number
of votes, the election of one of them shall be determined by
lot. The name of each of such candidates shall be written
on separate pieces of paper, as nearly uniform in size and
material as possible, and placed in a receptacle so that
the names cannot be seen. In the presence of the board of
canvassers, one of them shall publicly draw one of such names,
and such person shall be declared elected. The result of such
drawing shall be entered upon the abstract of votes and duly
recorded, and a certificate of election issued to such person,
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as provided in this chapter .
2. If more than the requisite number of candidates for
United States senator or representative to the United States
house of representatives are found to have an equal and highest
number of votes, a special election shall be held sixty-six
days after the final canvass or recount, whichever is later,
in which each such candidate shall be the only candidates on
the ballot.
3. If more than the requisite number of candidates for
a statewide elected office, member of the general assembly,
member of a board of supervisors, or a partisan office to
be filled by a vote of the residents of a whole county, are
found to have an equal and highest number of votes, a special
election shall be held consistent with section 69.14, in which
each such candidate shall be the only candidates on the ballot.
4. If more than the requisite number of presidential
electors are found to have an equal and the highest number of
votes, the presidential electors shall be assigned one-half
to each candidate. If there is an odd number of presidential
electors, the remaining elector shall be assigned by lot.
Sec. 28. Section 50.48, subsection 3, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. In addition to the persons listed in
paragraph “a” , the candidate requesting the recount and the
apparent winning candidate may each submit a request to a
commissioner from a county other than the county conducting the
recount to be present at the recount. Such a commissioner may
report any irregularities observed by the commissioner at any
time after the election to the state commissioner.
Sec. 29. Section 50.48, subsection 4, paragraph b, Code
2020, is amended to read as follows:
b. Any member of the recount board may at any time during
the recount proceedings for an election for a statewide elected
official as defined in section 68B.2, a United States senator,
or United States representative extend the recount of votes
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cast for the office or nomination in question to any other
precinct or precincts in the same county, or from which the
returns were reported to the commissioner responsible for
conducting the election, without the necessity of posting
additional bond. The recount proceedings for an election for
any other office shall include all precincts in which a ballot
for the election was cast.
Sec. 30. NEW SECTION . 50.52 Enforcement.
Members of local law enforcement agencies and the state
patrol are authorized to take all reasonable actions to prevent
violations of this chapter.
Sec. 31. Section 53.2, subsection 4, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
Each application shall contain the following information To
request an absentee ballot, a registered voter shall provide :
Sec. 32. Section 53.2, subsection 4, paragraph b, Code 2020,
is amended to read as follows:
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 within twenty-four hours
after the receipt of the absentee ballot request, contact the
applicant by telephone and electronic mail, if such information
has been provided by the applicant. If the commissioner is
unable to contact the applicant by telephone or electronic
mail, the commissioner shall send a notice to the applicant
at the address where the applicant is registered to vote, or
to the applicant’s mailing address if it is different from
the residential address. If the applicant has requested the
ballot to be sent to an address that is not the applicant’s
residential or mailing address, the commissioner shall send an
additional notice to the address where the applicant requested
the ballot to be sent. A commissioner shall not use the voter
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registration system to obtain 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. The state commissioner shall adopt rules to implement
this section.
Sec. 33. Section 53.2, subsection 4, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. If an applicant does not have current
access to the applicant’s voter verification number, the
commissioner shall verify the applicant’s identity prior to
supplying the voter verification number by asking the applicant
to provide at least two of the following facts about the
applicant:
(1) Date of birth.
(2) The last four digits of the applicant’s social security
number, if applicable.
(3) Residential address.
(4) Mailing address.
(5) Middle name.
(6) Voter verification number as defined in paragraph “c” .
Sec. 34. Section 53.10, subsection 2, paragraph a, Code
2020, is amended to read as follows:
a. Each person who wishes to vote by absentee ballot at
the commissioner’s office shall first sign an application
for a ballot including the following information: name,
current address, voter verification number, and the election
for which the ballot is requested. The person may report a
change of address or other information on the person’s voter
registration record at that time. Prior to furnishing a
ballot, the commissioner shall verify the person’s identity
as provided in section 49.78. The registered voter shall
immediately mark the ballot; enclose the ballot in a secrecy
envelope, if necessary, and seal it in the envelope marked
with the affidavit; subscribe to the affidavit on the reverse
side of the envelope; and return the absentee ballot to the
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commissioner. The commissioner shall record the numbers
appearing on the application and affidavit envelope along with
the name of the registered voter.
Sec. 35. Section 53.10, subsection 2, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0b. If an unregistered person offering
to vote an absentee ballot pursuant to this section prior to
the deadline in section 48A.9 does not have an Iowa driver’s
license, an Iowa nonoperator’s identification card, or a voter
identification number assigned to the voter by the state
commissioner pursuant to section 47.7, subsection 2, the person
may satisfy identity and residence requirements as provided in
section 49.78. This section shall also apply to a registered
voter casting a ballot pursuant to this section who has not yet
received a voter verification number.
Sec. 36. Section 53.11, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. 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. 37. Section 53.11, subsection 2, paragraph e, Code
2020, is amended to read as follows:
e. For a special election, no later than thirty-two eighteen
days before the special election.
Sec. 38. Section 53.18, subsections 2 and 3, Code 2020, are
amended to read as follows:
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2. a. If the commissioner receives the return envelope
containing the completed absentee ballot by 5:00 p.m. on the
Saturday before the election for general elections and by 5:00
p.m. on the Friday before the election for all other elections,
the commissioner shall review the affidavit marked on the
return envelope, if applicable, for completeness or shall open
the return envelope to review the affidavit for completeness.
If the affidavit is incomplete, the commissioner shall, within
twenty-four hours of the time the envelope was received, notify
the voter of that fact and that the voter may complete the
affidavit in person at the office of the commissioner by 5:00
p.m. on the day before the election, vote a replacement ballot
in the manner and within the time period provided in subsection
3 , or appear at the voter’s precinct polling place on election
day and cast a ballot in accordance with section 53.19,
subsection 3 . If the affidavit lacks the signature of the
registered voter, the commissioner shall, within twenty-four
hours of the receipt of the envelope, notify the voter of the
deficiency and inform the voter that the voter may vote a
replacement ballot as provided in subsection 3, cast a ballot
as provided in section 53.19, subsection 3, or complete the
affidavit in person at the office of the commissioner not later
than noon on the Monday following the election, or if the law
authorizing the election specifies that the votes be canvassed
earlier than the Monday following the election, before the
canvass of the election.
b. If the commissioner receives the return envelope
containing the completed absentee ballot after the deadline
in paragraph “a” , the commissioner shall submit the affidavit
to the absentee and special voters precinct board for review.
If the absentee and special voters precinct determines that
the affidavit is incomplete, the commissioner shall, within
twenty-four hours of the determination, notify the voter. If
the affidavit lacks the signature of the registered voter, the
commissioner shall notify the voter that the voter may complete
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the affidavit in person at the office of the commissioner
not later than noon on the Monday following the election, or
if the law authorizing the election specifies that the votes
be canvassed earlier than the Monday following the election,
before the canvass of the election.
3. If the affidavit envelope or the return envelope marked
with the affidavit contains a defect that would cause the
absentee ballot to be rejected by the absentee and special
voters precinct board, the commissioner shall immediately
notify the voter of that fact and that the voter’s absentee
ballot shall not be counted unless the voter requests and
returns a replacement ballot in the time permitted under
section 53.17, subsection 2 . For the purposes of this section ,
a return envelope marked with the affidavit shall be considered
to contain a defect if it appears to the commissioner that
the signature on the envelope has been signed by someone
other than the registered voter, in comparing the signature
on the envelope to the signature on record of the registered
voter named on the envelope. A signature or marking made
in accordance with section 39.3, subsection 17 , shall not
be considered a defect for purposes of this section . The
voter may request a replacement ballot in person, in writing,
or over the telephone. The same serial number that was
assigned to the records of the original absentee ballot
application shall be used on the envelope and records of the
replacement ballot. The envelope marked with the affidavit and
containing the completed replacement ballot shall be marked
“Replacement ballot”. The envelope marked with the affidavit
and containing the original ballot shall be marked “Defective”
and the replacement ballot shall be attached to such envelope
containing the original ballot and shall be stored in a secure
place until they are delivered to the absentee and special
voters precinct board, notwithstanding sections 53.26 and
53.27 .
Sec. 39. Section 53.18, Code 2020, is amended by adding the
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following new subsection:
NEW SUBSECTION . 04. For the purposes of this section, a
return envelope marked with the affidavit shall be considered
incomplete if the affidavit lacks the registered voter’s
signature. A signature or marking made in accordance with
section 39.3, subsection 17, shall not cause an affidavit to be
considered incomplete.
Sec. 40. Section 53.22, subsection 3, Code 2020, is amended
to read as follows:
3. Any registered voter who becomes a patient, tenant, or
resident of a hospital, assisted living program, or health care
facility in the county where the voter is registered to vote
within three days prior to the date of any election after the
deadline to make a written application for an absentee ballot
as provided in section 53.2 or on election day may request an
absentee ballot during that period or on election day. As an
alternative to the application procedure prescribed by section
53.2 , the registered voter may make the request directly to
the officers who are delivering and returning absentee ballots
under this section . Alternatively, the request may be made by
telephone to the office of the commissioner not later than four
hours before the close of the polls. If the requester is found
to be a registered voter of that county, these officers shall
deliver the appropriate absentee ballot to the registered voter
in the manner prescribed by this section .
Sec. 41. Section 53.22, subsection 6, paragraph a, Code
2020, is amended to read as follows:
a. If the registered voter becomes a patient, tenant, or
resident of a hospital, assisted living program, or health
care facility outside the county where the voter is registered
to vote within three days before the date of any election
after the deadline to make a written application for an
absentee ballot as provided in section 53.2 or on election
day, the voter may designate a person to deliver and return
the absentee ballot. The designee may be any person the voter
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chooses except that no candidate for any office to be voted
upon for the election for which the ballot is requested may
deliver a ballot under this subsection . The request for an
absentee ballot may be made by telephone to the office of the
commissioner not later than four hours before the close of the
polls. If the requester is found to be a registered voter of
that county, the ballot shall be delivered by mail or by the
person designated by the voter. An application form shall be
included with the absentee ballot and shall be signed by the
voter and returned with the ballot.
Sec. 42. Section 58.1, Code 2020, is amended to read as
follows:
58.1 Notice —— grounds.
The contestant for the office of governor shall, within
thirty fourteen days after the proclamation of the result of
the election, deliver to the presiding officer of each house
of the general assembly a notice of intent to contest, and a
specification of the grounds of such contest, as provided in
chapter 62 .
Sec. 43. Section 58.4, subsections 1 and 2, Code 2020, are
amended to read as follows:
1. The names of members of each house, except the presiding
officer and the majority and minority leaders , written on
similar paper tickets, shall be placed in a box, the names of
the senators in their presence by their secretary, and the
names of the representatives in their presence by their clerk.
2. The secretary of the senate in the presence of the
senate, and the clerk of the house of representatives in
the presence of the house, shall draw from their respective
boxes the names of seven five members each. The majority and
minority leaders of each house shall also serve on the contest
court.
Sec. 44. Section 68A.405, subsection 1, paragraph a,
subparagraph (3), Code 2020, is amended to read as follows:
(3) “Published material” means any newspaper, magazine,
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shopper, outdoor advertising facility, poster, direct mailing,
brochure, internet site, campaign sign, or any other form of
printed or electronic general public political advertising.
“Published material” includes television, video, or motion
picture advertising , automated telephone calls, and text
messages .
Sec. 45. Section 68A.405, subsection 1, Code 2020, is
amended by adding the following new paragraph:
NEW PARAGRAPH . i. An organization that sends a text message
described by this section may abbreviate the words “paid for
by” as “Pfb:”. An organization may use the full name of the
organization or the last name of the candidate followed by
the organization’s committee identification number. If the
organization is a political party, the name of the organization
may be abbreviated.
Sec. 46. NEW SECTION . 68A.507 Deceptive names prohibited.
No person shall place on any published material, as defined
in section 68A.405, a name or abbreviation of a name intended
to cause a voter to believe that the person represents a
political party or nonparty political organization of which the
person is not a candidate.
Sec. 47. Section 69.9, Code 2020, is amended to read as
follows:
69.9 Person removed not eligible.
No person can be appointed to fill a vacancy who has been
removed from office within one year next preceding .
Sec. 48. Section 69.14, Code 2020, is amended to read as
follows:
69.14 Special election to fill vacancies.
1. A special election to fill a vacancy shall be held for a
representative in Congress, when Congress is in session or will
convene prior to the next general election, or for a senator or
representative in the general assembly, when the body in which
such vacancy exists is in session, or the general assembly will
convene prior to the next general election, and the governor
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shall order, not later than five days from the date the vacancy
exists, a special election, giving not less than forty days’
notice of such election.
2. In the event the special election is to fill a vacancy
in the general assembly while it is in session or within
forty-five days of the convening of any session, the time limit
provided in this section shall not apply and the governor
shall order such , not later than five days after the day the
vacancy occurs, a special election at the earliest practical
time , giving at least eighteen twenty-one, but no more than
forty-two, days’ notice of the special election. Any special
election called under this section must be held on a Tuesday
and shall not be held on the same day as a school election
within the district.
Sec. 49. Section 376.5, Code 2020, is amended to read as
follows:
376.5 Publication of ballot.
Notice containing a copy of the ballot for each regular,
special, primary, or runoff city election must be published by
the county commissioner of elections as provided in section
362.3 , except that notice of a regular, primary, or runoff
election may be published not less than four days before the
date of the election. The published notice must contain shall
list the names of all candidates, and may not contain any party
designations. The published notice must contain shall include
any question to be submitted to the voters. The notice may
contain one or more facsimiles of the portion of the ballot
containing the first arrangement of candidates as prescribed
by section 49.31, subsection 2.
Sec. 50. Section 445.5, subsection 1, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . i. Until November 5, 2024, the hours during
which polling places are open on election days. This paragraph
is repealed effective July 1, 2025.
Sec. 51. EFFECTIVE DATE. The following take effect January
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1, 2021:
1. The section of this division of this Act amending section
43.11.
2. The section of this division of this Act amending section
43.16.
3. The section of this division of this Act amending section
43.23.
4. The section of this division of this Act amending section
43.78.
5. The section of this division of this Act amending section
43.79.
6. The section of this division of this Act amending section
44.1.
7. The section of this division of this Act amending section
44.4.
8. The section of this division of this Act amending section
44.9.
Sec. 52. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act amending section
49.79.
2. The section of this division of this Act amending section
49.109.
DIVISION VI
VOTER REGISTRATION
Sec. 53. Section 47.7, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. The state registrar of voters shall use
information from the electronic registration information center
to update information in the statewide voter registration
system, including but not limited to the following reports:
a. In-state duplicates.
b. In-state updates.
c. Cross-state matches.
d. Deceased.
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e. Eligible but unregistered.
f. National change of address.
Sec. 54. Section 48A.10A, subsection 1, Code 2020, is
amended to read as follows:
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
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 , and
the times during which polling places will be open on election
days .
Sec. 55. Section 48A.26B, Code 2020, is amended to read as
follows:
48A.26B Form of acknowledgment.
The state registrar shall adopt rules pursuant to chapter
17A to prescribe the form of written acknowledgments sent to
a registrant by a commissioner pursuant to section 48A.26 or
48A.26A . An acknowledgment sent after March 1, 2023, shall
include the times during which polling places will be open on
election days.
Sec. 56. Section 48A.27, subsection 4, paragraph c,
subparagraph (2), Code 2020, is amended to read as follows:
(2) The notice shall contain a statement in substantially
the following form:
Information received from the United States postal service
indicates that you are no longer a resident of, and therefore
not eligible to vote in (name of county) County, Iowa. If this
information is not correct, and you still live in (name of
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county) County, please complete and mail the attached postage
paid card at least ten days before the primary or general
election and at least eleven days before any other election at
which you wish to vote. If the information is correct and you
have moved, please contact a local official in your new area
for assistance in registering there. If you do not mail in
the card, you may be required to show identification before
being allowed to vote in (name of county) County. If you do not
return the card, and you do not vote in an election in (name
of county) County, Iowa, on or before (date of second general
election following the date of the notice) your name will be
removed from the list of voters in that county.
Sec. 57. Section 48A.29, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. The notice shall contain a statement in substantially the
following form:
Information received from the United States postal service
indicates that you are no longer a resident of (residence
address) in (name of county) County, Iowa. If this information
is not correct, and you still live in (name of county) County,
please complete and mail the attached postage paid card at
least ten days before the primary or general election and at
least eleven days before any other election at which you wish
to vote. If the information is correct, and you have moved,
please contact a local official in your new area for assistance
in registering there. If you do not mail in the card, you may
be required to show identification before being allowed to vote
in (name of county) County. If you do not return the card, and
you do not vote in some election in (name of county) County,
Iowa, on or before (date of second general election following
the date of the notice) your name will be removed from the list
of voters in that county.
Sec. 58. Section 48A.29, subsection 3, paragraph b, Code
2020, is amended to read as follows:
b. The notice shall contain a statement in substantially the
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following form:
Information received by this office indicates that you are no
longer a resident of (residence address) in (name of county)
County, Iowa. If the information is not correct, and you still
live at that address, please complete and mail the attached
postage paid card at least ten days before the primary or
general election and at least eleven days before any other
election at which you wish to vote. If the information is
correct, and you have moved within the county, you may update
your registration by listing your new address on the card and
mailing it back. If you have moved outside the county, please
contact a local official in your new area for assistance in
registering there. If you do not mail in the card, you may be
required to show identification before being allowed to vote in
(name of county) County. If you do not return the card, and you
do not vote in some election in (name of county) County, Iowa,
on or before (date of second general election following the
date of the notice) your name will be removed from the list of
registered voters in that county.
Sec. 59. NEW SECTION . 48A.39A Voter list maintenance
reports.
1. The commissioner of registration shall annually
submit to the state registrar of voters a report regarding
the number of voter registration records marked inactive or
canceled pursuant to sections 48A.28 through 48A.30. The state
registrar of voters shall publish such reports on the internet
site of the state registrar of voters.
2. The state registrar of voters shall determine by rule the
form and submission deadline of reports submitted pursuant to
subsection 1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the conduct of elections.
DIVISION I —— PROPOSED CONSTITUTIONAL AMENDMENTS. This
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division of the bill relates to the process for amending the
Iowa constitution. The bill requires the commissioner of
elections to summarize proposed constitutional amendments and
public measures and to post the full text of such proposed
constitutional amendments and public measures within voting
booths. Current law allows the commissioner of elections
to summarize proposed constitutional amendments and public
measures.
DIVISION II —— ISSUANCE OF BONDS. This division of the bill
relates to the issuance of bonds. The bill requires a public
measure to approve the issuance of bonds to include on the
ballot the current property tax levy, the term of the bond,
and the average increase or decrease in the amount of property
tax due on an average home in each county voting on the bond,
as well as the average of such averages, according to data
provided by the United States census bureau.
DIVISION III —— SELF-PROMOTION WITH TAXPAYER FUNDS. This
division of the bill relates to the prohibition on using
taxpayer funds for self-promotion. The bill defines “direct
mass mailing” for the purposes of the prohibition as a mailing
the purpose of which is to promote a person or idea sent by a
statewide elected official that is delivered by a mail service,
sent to more than two hundred addresses, is substantially
similar as regards each mailing, and all of which mailings are
sent at the same time or within 30 days of each other.
DIVISION IV —— MISCELLANEOUS PROVISIONS. This division of
the bill relates to various changes to the Code.
The bill changes the rate of compensation for presidential
electors from $5 per day to one-half of the per diem rate set by
the federal general services administration.
The bill changes the time at which the senate shall organize
as a court of impeachment from forthwith after the hour of
final adjournment to as soon as practicable. The bill also
changes the rate of compensation for members serving on a court
of impeachment to the same rate as for members serving in a
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special session of the general assembly if the general assembly
is not in regular session. If the general assembly is in
regular session, the bill provides that members shall receive
no additional compensation.
DIVISION V —— CONDUCT OF ELECTIONS. This division of the
bill relates to the conduct of elections.
The bill provides that a person who holds an elective office
and wins an election for a second office shall automatically
vacate the first office if the person does not vacate one of
the offices.
The bill alters the deadlines for filing a nomination
petition, withdrawing a nomination, and filling a ballot
vacancy. If a vacancy occurs on a ballot due to the death of a
candidate after the date for filling a vacancy until the time
the polls close on election day, the election for that office
shall not be canvassed and the office shall be filled by a
special election.
The bill changes the filing deadline for nomination papers
of persons seeking to be a nonparty political organization’s
candidate for elected office. The bill changes the deadlines
for filing nomination papers and objections to the same
deadline that is applied to persons seeking to be a political
party’s candidate for elected office.
The bill makes technical changes to the provisions of law
governing the content of notices of elections.
The bill alters the number of signatures required for a
person to obtain a nomination by petition.
The bill moves the voter registration deadline for all
elections other than general elections from 11 days before an
election to 10 days before an election. The voter registration
deadline for general elections is currently 10 days before
the election. The bill does not affect election day voter
registration.
The bill allows the state commissioner of elections to
oversee the activities of county commissioners of elections
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during a period beginning 60 days prior to an election and
ending 60 days after an election.
The bill changes the circumstances under which and places at
which a county commissioner of elections may create a satellite
voting location.
The bill changes the closing time for polling places for
state primary and general elections, and other partisan
elections, and any other election held concurrently therewith,
from 9:00 p.m. to 8:00 p.m. The bill requires that the opening
and closing times for polling places be placed on the internet
site of the legislative services agency, voter identification
cards, and property tax statements.
The bill reduces the number of hours an employee must have
available away from work during the time polls are open on
election day from three hours to two hours.
The bill requires the state commissioner of elections
to transmit a certified copy of a constitutional amendment
or public measure and a sample ballot to each county
commissioner of elections 63 days before an election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state. Current law
requires such certified copies and sample ballots to be sent 69
days before the election.
The bill requires any election other than a presidential
election or an election for a nonpartisan office that results
in a tie to go to a special election. A tied election for
president shall result in the electors being split between the
candidates.
The bill allows a candidate requesting a recount to request
the presence of a county commissioner of elections from another
county at the recount. Such a commissioner may report any
irregularities observed by the commissioner at any time after
the election to the state commissioner of elections.
The bill requires a recount for an election other than a
statewide election to include all precincts in which a ballot
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for the contested election was cast.
The bill grants local law enforcement agencies and the state
patrol the authority to take all reasonable actions to prevent
violations of Code chapter 50 (canvass of votes).
The bill makes technical changes to the Code section
controlling absentee ballot request forms.
The bill requires a county commissioner of elections who
receives an incomplete absentee ballot request to inform
the applicant within 24 hours of receipt of the request
by telephone or electronic mail if such information was
provided, and by mail if such information was not provided.
The bill prohibits a county commissioner of elections from
using the voter registration system to obtain additional
necessary information. The bill allows a county commissioner
of elections to verify the identity of an applicant for
an absentee ballot who cannot access the applicant’s voter
verification number by asking for at least two of the following
from the applicant: date of birth, the last four digits of
the applicant’s social security number, residential address,
mailing address, and middle name.
The bill requires a county commissioner of elections to
verify the identity of a person voting absentee in person in
the same manner as a poll worker verifying the identity of a
person voting at the polls on election day.
The bill allows an unregistered person seeking to vote
absentee at the office of a county commissioner of elections
prior to the voter registration deadline who does not have an
Iowa driver’s license, nonoperator’s identification card, or
voter identification number to vote absentee by satisfying the
voter identification requirements of Code section 49.78.
The bill changes the process by which absentee ballots
lacking a signature are verified. If such a ballot is received
by 5:00 p.m. on the Saturday before a general election or by
5:00 p.m. on the Friday before any other election, the county
commissioner of elections must contact the voter within 24
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hours and inform the voter how to remediate the ballot. A
ballot received after the applicable deadline is sent to the
absentee and special voters precinct board for review. If the
absentee and special voters precinct board determines that the
affidavit is incomplete, the commissioner shall inform the
voter within 24 hours how the ballot may be remediated if the
ballot lacks a signature.
The bill alters the timeline for contesting a gubernatorial
election and the makeup of a contest court for such a
challenge.
The bill allows certain abbreviations to be used in
attribution statements attached to political communications
sent by text message.
The bill prohibits a person from placing on any published
material a name or abbreviation of a name intended to cause a
voter to believe that the person represents a political party
or nonparty political organization of which the person is not a
candidate. A willful violation of the prohibition is a serious
misdemeanor.
The bill alters the timeline for holding a special election
to fill a vacant office and prohibits a person who has ever
been removed from office from being appointed to fill a
vacancy.
The division includes effective date provisions.
DIVISION VI —— VOTER REGISTRATION. This division of the bill
relates to voter registration.
The bill alters the process for removing inactive voter
registration records. The bill requires the state registrar
of voters to use information from the electronic registration
information center to update the statewide voter registration
database. The bill changes the deadline for returning a
notification that a person no longer lives in a given county
to 11 days before an election. The bill requires voter
identification cards and acknowledgments of registration to
include the times polls will be open.
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The bill requires each county commissioner of registration
to submit a report on voter list maintenance activities
annually to the state registrar of voters. The state registrar
of voters shall publish such reports on the internet site of
the state registrar of voters.
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