Bill Text: IA SF413 | 2021-2022 | 89th 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 of elections, including absentee ballots and voter list maintenance activities, making penalties applicable, and including effective date and applicability provisions. (Formerly SSB 1199.) Effective date: 03/08/2021. Applicability date: 01/01/2022.

Spectrum: Committee Bill

Status: (Passed) 2021-06-28 - Fiscal note. [SF413 Detail]

Download: Iowa-2021-SF413-Amended.html

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Senate File 413 - Reprinted
SENATE FILE 413
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1199)
(COMPANION TO 2298HV BY
COMMITTEE ON STATE GOVERNMENT)
(As Amended and Passed by the Senate February 23, 2021 )
A BILL FOR
An Act relating to the conduct of elections, including absentee
ballots and voter list maintenance activities, making
penalties applicable, and including effective date and
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 9E.6, subsection 2, paragraph b, Code
2021, is amended to read as follows:
b. The program participant shall complete the ballot and
return it to the state commissioner of elections, who shall
review the ballot in the manner provided by sections 53.18
and 53.19 if the return envelope is received in the state
commissioner’s office before the polls close on election day
or is clearly postmarked by an officially authorized postal
service or bears a postal service barcode traceable to a date
of entry into the federal mail system not later than the day
before the election, as provided in section 53.17A . If the
materials comply with the requirements of section 53.18 , the
materials shall be certified by the state commissioner of
elections as the ballot of a program participant, and shall be
forwarded to the appropriate county commissioner of elections
for tabulation by the special voters precinct election board
appointed pursuant to section 53.23 .
Sec. 2. NEW SECTION . 39.13 Conference boards —— appointment
—— limitations.
1. Notwithstanding section 441.2, for the purposes of
conducting the business of a conference board established
pursuant to section 441.2, a person shall not serve in a
voting unit of a conference board if such service would be
incompatible with another office held by that person.
2. If a person is a member of more than one body whose
members make up a voting unit on the conference board, that
person shall waive the person’s position on the conference
board for all but one of the bodies the person represents. A
waiver pursuant to this subsection does not cause the person
to vacate any elective office.
Sec. 3. Section 39A.2, subsection 1, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . g. Failure to perform duties. As an
election official, fails to perform duties prescribed by
chapters 39 through 53, except for section 48A.41, or fails to
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follow or implement guidance issued pursuant to section 47.1,
or performs those duties and responsibilities in such a way as
to hinder or disregard the object of the law.
Sec. 4. Section 39A.3, subsection 1, paragraph b, Code 2021,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (9) Fails to perform voter list
maintenance in violation of section 48A.41.
Sec. 5. Section 39A.4, subsection 1, paragraph b,
subparagraph (1), Code 2021, is amended to read as follows:
(1) Serving as a member of a challenging committee or
observer under section 49.104, subsection 2, 5, or 6 , 1,
paragraph “b” , “e” , or “f” , while serving as a precinct election
official at the polls.
Sec. 6. Section 39A.4, subsection 1, paragraph b,
subparagraph (2), Code 2021, is amended by striking the
subparagraph.
Sec. 7. Section 39A.4, subsection 1, paragraph b, Code 2021,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (14) Interferes with a person permitted
at a polling place pursuant to section 49.104.
Sec. 8. Section 39A.4, subsection 1, paragraph c,
subparagraphs (10) and (11), Code 2021, are amended to read as
follows:
(10) Returning a voted absentee ballot , by mail , to a ballot
drop box, or in person, to the commissioner’s office and the
person returning the ballot is not the voter, the voter’s
designee, or a special precinct election official designated
pursuant to section 53.22, subsection 2 a person prohibited
to collect and deliver a completed ballot pursuant to section
53.33 .
(11) Making a false or untrue statement reporting that
a voted absentee ballot was returned to the commissioner’s
office, by mail or in person, or to a ballot drop box, by
a person other than the voter, the voter’s designee, or a
special precinct election official designated pursuant to
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section 53.22, subsection 2 prohibited to collect and deliver a
completed ballot pursuant to section 53.33 .
Sec. 9. Section 39A.6, subsection 3, Code 2021, is amended
to read as follows:
3. a. This notice is not a final determination of facts
or law in the matter, and does not entitle a person to a
proceeding under chapter 17A . Upon issuance of a technical
infraction to a county commissioner, the state commissioner
shall also impose a fine not to exceed ten thousand dollars to
be deposited in the general fund.
b. A county commissioner shall pay a fine issued pursuant to
this section or file an appeal pursuant to chapter 17A within
sixty days. A county commissioner who fails to pay a fine that
was not dismissed pursuant to chapter 17A shall be suspended
from office for a period not to exceed two years pursuant to
sections 66.7 and 66.8.
c. If a county commissioner is suspended pursuant to
paragraph “b” , the state commissioner shall direct the deputy of
the county commissioner to oversee the functions of the office
until the suspension is revoked or the office is vacated and a
successor is elected. The state commissioner may direct the
state commissioner’s staff to assist in the performance of the
duties of the county commissioner.
Sec. 10. Section 39A.6, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. Upon issuing a technical infraction,
the state commissioner shall immediately inform the attorney
general and relevant county attorney if the apparent violation
constitutes or may constitute election misconduct under this
chapter.
Sec. 11. NEW SECTION . 39A.7 Election misconduct ——
investigation.
1. The attorney general or county attorney shall
investigate allegations of election misconduct reported to the
attorney general or county attorney. Election misconduct by an
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election official shall also be investigated for prosecution
under chapter 721.
2. Upon the completion of an investigation required by this
section, the attorney general or county attorney shall submit
the results of the investigation to the state commissioner and
explain whether the attorney general or county attorney will
pursue charges.
Sec. 12. NEW SECTION . 43.17 Preclusion of partisan
nomination.
A person shall not file nomination papers under this chapter
on behalf of a candidate if nomination papers have been filed
pursuant to section 44.4 on behalf of the candidate for the
same office and election year.
Sec. 13. Section 43.20, subsection 1, Code 2021, is amended
by striking the subsection and inserting in lieu thereof the
following:
1. a. Except as provided in paragraph “b” , nomination
papers shall be signed by eligible electors as provided in
section 45.1.
b. Nomination papers for an office to be filled by the
voters of the county or for the office of county supervisor
elected from a district within the county, shall be signed
by at least two percent of the party vote in the county or
supervisor district, as shown by the last general election, or
by at least one hundred persons, whichever is less.
Sec. 14. Section 43.20, subsection 2, Code 2021, is amended
by striking the subsection.
Sec. 15. Section 44.1, Code 2021, is amended to read as
follows:
44.1 Political nonparty Nonparty political organizations.
1. 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
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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 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 .
2. A candidate who has been nominated under a political
party under chapter 43 shall not be eligible for nomination
under this chapter for the same office in the same election
year.
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Sec. 16. Section 45.1, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. Nominations for candidates for president and vice
president, governor and lieutenant governor, and for other
statewide elected offices United States senator may be made
by nomination petitions signed by not less than one thousand
five hundred eligible electors residing in not less than ten
counties of the state three thousand five hundred eligible
electors, including at least one hundred eligible electors each
from at least nineteen counties of the state .
2. Nominations for candidates for a representative in
the United States house of representatives may be made by
nomination petitions signed by not less than the number of
eligible electors equal to the number of signatures required in
subsection 1 divided by the number of congressional districts.
Signers of the petition shall be eligible electors who are
residents of the congressional district one thousand seven
hundred twenty-six eligible electors who are residents of the
congressional district, including at least forty-seven eligible
electors each from at least one-half of the counties in the
congressional district .
Sec. 17. Section 45.1, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. Nominations for candidates for
statewide offices other than those listed in subsection 1 may
be made by nomination petitions signed by not less than two
thousand five hundred eligible electors, including at least
seventy-seven eligible electors from not less than eighteen
counties of the state.
Sec. 18. Section 47.1, subsection 1, Code 2021, is amended
to read as follows:
1. The secretary of state is designated as the state
commissioner of elections and shall supervise the activities of
the county commissioners of elections. There is established
within the office of the secretary of state a division of
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elections which shall be under the direction of the state
commissioner of elections. The state commissioner of
elections may appoint a person to be in charge of the division
of elections who shall perform the duties assigned by the
state commissioner of elections. The state commissioner of
elections shall prescribe uniform election practices and
procedures, shall prescribe the necessary forms required
for the conduct of elections, shall assign a number to each
proposed constitutional amendment and statewide public measure
for identification purposes, and shall adopt rules, pursuant to
chapter 17A , to carry out this section . The state commissioner
of elections may issue guidance that is not subject to the
rulemaking process to clarify election laws and rules.
Sec. 19. Section 47.2, subsection 1, Code 2021, is amended
to read as follows:
1. The county auditor of each county is designated as the
county commissioner of elections in each county. The county
commissioner of elections shall conduct voter registration
pursuant to chapter 48A and conduct all elections within the
county. The county commissioner of elections does not possess
home rule powers with respect to the exercise of powers or
duties related to the conduct of elections prescribed by
statute or rule, or guidance issued pursuant to section 47.1.
Sec. 20. Section 47.7, subsection 2, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . f. (1) The state registrar shall, in the
first quarter of each calendar year, conduct a verification
of all voters in the statewide voter registration file, which
shall include cross-referencing the records in the statewide
voter registration file with similar records maintained by
other states. The state registrar of voters shall cancel the
registration of a voter found to be ineligible pursuant to
section 48A.30. The state registrar shall submit a report
to the general assembly by April 30 of each year regarding
the number of voter registrations canceled pursuant to this
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paragraph. The state registrar shall also publish this report
on the internet site of the state registrar.
(2) The state registrar may contract with a third-party
vendor to develop or provide a program to allow the state
registrar to verify the status of records in the statewide
voter registration file and identify ineligible voters on an
ongoing basis.
Sec. 21. Section 47.7, Code 2021, 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.
e. Eligible but unregistered.
f. National change of address.
Sec. 22. Section 48A.9, subsection 1, Code 2021, is amended
to read as follows:
1. Registration closes at 5:00 p.m. eleven fifteen 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. 23. Section 48A.10A, subsection 1, Code 2021, 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
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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. 24. Section 48A.27, subsection 4, paragraph c,
subparagraph (2), Code 2021, 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
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 fifteen 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. 25. Section 48A.28, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. Each commissioner shall conduct a systematic program
that makes a reasonable effort to remove from the official list
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of registered voters the names of registered voters who have
changed residence from their registration addresses. Either or
both of the methods described in this section may be used.
2. a. A commissioner may shall participate in the United
States postal service national change of address program, as
provided in section 48A.27 . The state voter registration
commission shall adopt rules establishing specific requirements
for participation and use of the national change of address
program.
b. A commissioner participating in the national change of
address program, in the first quarter of each calendar year,
shall send a notice and preaddressed, postage paid return card
by forwardable mail to each registered voter whose name was
not reported by the national change of address program and who
has not voted in two or more consecutive general elections the
most recent general election and has not registered again , or
who has not reported a change to an existing registration , or
who has not responded to a notice from the commissioner or
registrar during the period between and following the previous
two general elections . Registered voters receiving such
notice shall be marked inactive. The form and language of the
notice and return card shall be specified by the state voter
registration commission by rule. A registered voter shall not
be sent a notice and return card under this subsection more
frequently than once in a four-year period.
Sec. 26. Section 48A.28, subsection 3, Code 2021, is amended
by striking the subsection.
Sec. 27. Section 48A.29, subsection 1, paragraph b, Code
2021, 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,
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please complete and mail the attached postage paid card at
least ten days before the primary or general election and at
least eleven fifteen 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. 28. Section 48A.29, subsection 3, paragraph b, Code
2021, is amended to read as follows:
b. The notice shall contain a statement in substantially the
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 fifteen 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. 29. Section 48A.30, subsection 1, paragraph g, Code
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2021, is amended to read as follows:
g. The registered voter’s registration record has been
inactive pursuant to section 48A.28 or 48A.29 for two
successive general elections.
Sec. 30. Section 48A.37, subsection 2, Code 2021, is amended
to read as follows:
2. Electronic records shall include a status code
designating whether the records are active, inactive,
incomplete, pending, or canceled. Inactive records are records
of registered voters to whom notices have been sent pursuant
to section 48A.28, subsection 3, and who have not returned
the card or otherwise responded to the notice, and those
records have been designated inactive pursuant to section
48A.29 . Inactive records are also records of registered
voters to whom notices have been sent pursuant to section
48A.26A and who have not responded to the notice. Incomplete
records are records missing required information pursuant to
section 48A.11, subsection 8 . Pending records are records of
applicants whose applications have not been verified pursuant
to section 48A.25A . Canceled records are records that have
been canceled pursuant to section 48A.30 . All other records
are active records. An inactive record shall be made active
when the registered voter requests an absentee ballot, votes
at an election, registers again, or reports a change of name,
address, telephone number, or political party or organization
affiliation. An incomplete record shall be made active when
a completed application is received from the applicant and
verified pursuant to section 48A.25A . A pending record shall
be made active upon verification or upon the voter providing
identification pursuant to section 48A.8 .
Sec. 31. NEW SECTION . 48A.40 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
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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.
Sec. 32. NEW SECTION . 48A.41 Voter registration maintenance
audits —— investigations.
1. The state registrar of voters shall conduct an audit
of voter registration maintenance by each commissioner of
registration in April of each odd-numbered year, on a schedule
determined by the commissioner.
2. If in the course of an audit under this section the state
registrar of voters finds that a commissioner of registration
has failed to perform required voter list maintenance,
the state registrar of voters shall submit the audit to
the relevant county attorney and attorney general within
twenty-four hours for investigation of a violation of section
39A.3, subsection 1, paragraph “b” , subparagraph (9), or other
provision of law.
Sec. 33. 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. 34. Section 49.13, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. A person serving on a precinct election
board pursuant to subsection 2 or 3 who changes the political
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party of which the person is a member within thirty days before
an election shall be immediately removed from the board and a
substitute shall be appointed pursuant to section 49.14.
Sec. 35. Section 49.23, Code 2021, is amended to read as
follows:
49.23 Notice of change.
When a change is made from the usual polling place for the
precinct or when the precinct polling place for any primary or
general election is different from that used for the precinct
at the last preceding primary or general election, notice of
such change shall be given by publication in a newspaper of
general circulation in the precinct mailed to all registered
voters in the precinct and posted prominently in the county
commissioner’s office and on the county commissioner’s internet
site not more than twenty nor less than four seven days before
the day on which the election is to be held. In addition a
notice of the present polling place for the precinct shall be
posted, not later than the hour at which the polls open on
the day of the election, on each door to the usual or former
polling place in the precinct and shall remain there until the
polls have closed.
Sec. 36. Section 49.73, subsection 2, Code 2021, is amended
to read as follows:
2. a. 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. 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 9:00 p.m.
for state primary and general elections and other partisan
elections, and for any other election held concurrently
therewith, and at 8:00 p.m. for all other 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
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November 7, 2024. This paragraph is repealed effective July
1, 2025.
Sec. 37. Section 49.77, subsection 2, Code 2021, is amended
to read as follows:
2. If the declaration of eligibility is not printed on
each page of the election register, any of those persons
present pursuant to section 49.104, subsection 2, 3, 5, or 6 ,
1, paragraph “b” , “c” , “e” , or “f” , may upon request view the
signed declarations of eligibility and may review the signed
declarations on file so long as the person does not interfere
with the functions of the precinct election officials. If the
declaration of eligibility is printed on the election register,
voters shall also sign a voter roster which the precinct
election official shall make available for viewing. Any of
those persons present pursuant to section 49.104, subsection 2,
3, 5, or 6 , 1, paragraph “b” , “c” , “e” , or “f” , may upon request
view the roster of those voters who have signed declarations of
eligibility, so long as the person does not interfere with the
functions of the precinct election officials.
Sec. 38. Section 49.88, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. A person standing for election on the
ballot before a voter shall not occupy the voting booth with
the voter, including to assist the voter.
Sec. 39. Section 49.90, Code 2021, is amended to read as
follows:
49.90 Assisting voter.
Any voter who may declare upon oath that the voter is blind,
cannot read the English language, or is, by reason of any
physical disability other than intoxication, unable to cast a
vote without assistance, shall, upon request, be assisted by
the two officers as provided in section 49.89 , or alternatively
by any other person the voter may select in casting the vote ,
except that the voter shall not select a person standing for
election on the ballot . The officers, or the person selected
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by the voter, shall cast the vote of the voter requiring
assistance, and shall thereafter give no information regarding
the vote cast. If any elector because of a disability cannot
enter the building where the polling place for the elector’s
precinct of residence is located, the two officers shall take
a paper ballot to the vehicle occupied by the elector with
a disability and allow the elector to cast the ballot in
the vehicle. Ballots cast by voters with disabilities shall
be deposited in the regular ballot box, or inserted in the
tabulating device, and counted in the usual manner.
Sec. 40. Section 49.104, Code 2021, is amended to read as
follows:
49.104 Persons permitted at polling places.
1. The following persons shall be permitted to be present at
and in the immediate vicinity of the polling places, provided
they do not solicit votes:
1. a. Any person who is by law authorized to perform or
is charged with the performance of official duties at the
election.
2. b. Any number of persons, not exceeding three at a time
from each political party having candidates to be voted for
at such election, to act as challenging committees, who are
appointed and accredited by the executive or central committee
of such political party or organization.
3. c. Any number of persons not exceeding three at a time
from each of such political parties, appointed and accredited
in the same manner as prescribed in subsection 2 paragraph
“b” for challenging committees, and any number of persons
not exceeding three at a time appointed as observers under
subsection 5 paragraph “e” , to witness the counting of ballots.
4. d. Any peace officer assigned or called upon to keep
order or maintain compliance with the provisions of this
chapter , upon request of the commissioner or of the chairperson
of the precinct election board.
5. e. One observer at a time representing any nonparty
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political organization, any candidate nominated by petition
pursuant to chapter 45 , or any other nonpartisan candidate
in a city or school election, appearing on the ballot of the
election in progress. Candidates who send observers to the
polls shall provide each observer with a letter of appointment
in the form prescribed by the state commissioner.
6. f. Any persons expressing an interest in a ballot issue
to be voted upon at an election except a general or primary
election. Any such person shall file a notice of intent to
serve as an observer with the commissioner before election
day. If more than three persons file a notice of intent to
serve at the same time with respect to ballot issues at an
election, the commissioner shall appoint from those submitting
a notice of intent the three persons who may serve at that time
as observers, and shall provide a schedule to all persons who
filed notices of intent. The appointees, whenever possible,
shall include both opponents and proponents of the ballot
issues.
7. g. Any person authorized by the commissioner, in
consultation with the secretary of state, for the purposes of
conducting and attending educational voting programs.
8. h. Reporters, photographers, and other staff
representing the news media. However, representatives of the
news media, while present at or in the immediate vicinity of
the polling places, shall not interfere with the election
process in any way.
2. A precinct election official or county commissioner
shall not obstruct or interfere with a person fulfilling that
person’s role or performing that person’s duty under subsection
1. A person who violates this subsection is guilty of election
misconduct in the third degree.
Sec. 41. Section 49.109, Code 2021, 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
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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
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. 42. 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. 43. Section 53.2, subsection 1, Code 2021, is amended
to read as follows:
1. a. Any registered voter, under the circumstances
specified in section 53.1 , may on any day, except election day,
and not more than one hundred twenty seventy days prior to the
date of the election, apply in person for an absentee ballot
at the commissioner’s office or at any location designated by
the commissioner. However, for those elections in which the
commissioner directs the polls be opened at noon pursuant to
section 49.73 , a voter may apply in person for an absentee
ballot at the commissioner’s office from 8:00 a.m. until 11:00
a.m. on election day.
b. A registered voter may make written application to the
commissioner for an absentee ballot. A written application
for an absentee ballot must be received by the commissioner no
later than 5:00 p.m. on the same day as the voter registration
deadline provided in section 48A.9 for the election for which
the ballot is requested, except when the absentee ballot is
requested and voted at the commissioner’s office pursuant to
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section 53.10 . A written application for an absentee ballot
delivered to the commissioner and received by the commissioner
more than one hundred twenty seventy days prior to the date of
the election shall be returned to the voter with a notification
of the date when the applications will be accepted.
c. The commissioner may send an absentee ballot application
to a registered voter at the request of the registered voter.
The commissioner shall not send an absentee ballot application
to a person who has not submitted such a request.
d. In the event of a public health disaster declared by the
governor pursuant to section 29C.6, the general assembly may by
resolution direct the state commissioner to send an absentee
ballot application to each registered voter prior to a primary
or general election held in an even-numbered year. If the
general assembly is not in session, the legislative council may
so direct the state commissioner by a majority vote.
Sec. 44. Section 53.2, subsection 2, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. No absentee ballot application shall be
provided to a registered voter with any field prefilled, except
that the absentee ballot application may have the fields for
the type and date of the election prefilled.
Sec. 45. Section 53.2, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 11. If an application for an absentee
ballot is received between 5:00 p.m. on the fifteenth day
before an election and 5:00 p.m. on the seventh day before
an election, the commissioner shall notify the registered
voter within twenty-four hours that the absentee ballot
request cannot be processed and notify the registered voter
of ways the registered voter may participate in the election.
A notification sent pursuant to this subsection shall be
transmitted in the same manner as a notification transmitted
pursuant to subsection 4, paragraph “b” .
Sec. 46. NEW SECTION . 53.4 Absentee ballots —— reports.
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1. Beginning on the first day that absentee ballots are
mailed in each primary and general election and each special
election pursuant to section 69.14, and through election
day, the state commissioner shall publish a report regarding
absentee ballots on a daily basis. The report shall include,
at a minimum, all of the following information:
a. The number of absentee ballot request forms received by
a county commissioner.
b. The number of absentee ballots sent by a county
commissioner.
c. The total number of absentee ballots received by a county
commissioner, and the total delivered by each of the following
methods:
(1) Mail.
(2) Delivery to a drop box.
(3) Delivery by hand.
(4) Voted in person at a satellite location.
2. Each county commissioner shall provide all information
necessary under this section to the state commissioner in a
manner prescribed by the state commissioner.
Sec. 47. Section 53.8, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2021, is amended to read as
follows:
Upon receipt of an application for an absentee ballot and
immediately after the absentee ballots are printed, but not
more than twenty-nine twenty days before the election, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3 . When the United States post office is closed
in observance of a federal holiday and is not delivering mail
on the twenty-ninth day before the election, the first day to
mail absentee ballots is the next business day on which mail
delivery is available. The absentee ballot shall be sent to
the registered voter by one of the following methods:
Sec. 48. Section 53.8, subsection 2, paragraph a, Code 2021,
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is amended to read as follows:
a. The commissioner shall enclose with the absentee ballot
a statement informing the applicant that the sealed return
envelope may be mailed to the commissioner by the registered
voter or the voter’s designee a person not prohibited to
collect and deliver a completed ballot pursuant to section
53.33, may be returned to a drop box established by the
commissioner pursuant to section 53.17, subsection 1, by
the registered voter or a person not prohibited to collect
and deliver a completed ballot pursuant to section 53.33,
only if the commissioner has established such a drop box, or
may be personally delivered to the commissioner’s office by
the registered voter or the voter’s designee a person not
prohibited to collect and deliver a completed ballot pursuant
to section 53.33 . The statement shall also inform the voter
that the voter may request that the voter’s designee person not
prohibited to collect and deliver a completed ballot pursuant
to section 53.33 complete a receipt when retrieving the ballot
from the voter. A blank receipt shall be enclosed with the
absentee ballot.
Sec. 49. Section 53.8, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. The commissioner and the state
commissioner shall not mail an absentee ballot to a person who
has not submitted an application for an absentee ballot.
Sec. 50. Section 53.10, subsection 1, Code 2021, is amended
to read as follows:
1. Not more than twenty-nine twenty days before the date of
the primary election or the general election, the commissioner
shall provide facilities for absentee voting in person at the
commissioner’s office. This service shall also be provided
for other elections as soon as the ballots are ready, but in
no case shall absentee ballots be available under this section
more than twenty-nine twenty days before an election.
Sec. 51. Section 53.11, subsection 1, Code 2021, is amended
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to read as follows:
1. a. Not more than twenty-nine twenty 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.
b. A satellite absentee voting station established by
petition must be open at least one day for a minimum of six
hours . A satellite absentee voting station established at the
direction of the commissioner or by petition and may remain
open until 5:00 p.m. on the day before the election.
Sec. 52. Section 53.17, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. The sealed return envelope may be mailed to the
commissioner by the registered voter or by the voter’s
designee. If mailed by the voter’s designee, the envelope
must be mailed within seventy-two hours of retrieving it from
the voter or within time to be postmarked or, if applicable,
to have the postal service barcode traced to a date of entry
into the federal mail system not later than the day before the
election, as provided in section 53.17A , whichever is earlier .
Sec. 53. Section 53.17, subsection 1, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. The sealed return envelope may be
delivered by a person not prohibited to collect and deliver a
completed ballot pursuant to section 53.33 to a ballot drop
box established by the commissioner no later than the time the
polls are closed on election day. However, if delivered by
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the voter’s designee, the envelope shall be delivered within
seventy-two hours of retrieving it from the voter or before the
closing of the polls on election day, whichever is earlier. A
commissioner is not required to establish a ballot drop box. A
ballot drop box must meet all of the following requirements:
(1) A commissioner shall not establish more than one
ballot drop box, which shall be located at the office of
the commissioner, or on property owned and maintained by the
county that directly surrounds the building where the office
is located. For the purposes of this subparagraph, “office of
the commissioner” means a location where a voter may receive
services pursuant to section 48A.17, 50.20, 53.10, or 53.18.
(2) The ballot drop box shall not be used for any purpose
other than the collection of absentee ballots.
(3) The commissioner shall implement all reasonable
and necessary measures to ensure that the ballot drop box
is accessible and secure. Security measures may include
placing the ballot drop box in a place regularly viewed by the
commissioner or the commissioner’s staff.
(4) A video surveillance system shall be used to monitor all
activity at the ballot drop box at all times while the ballot
drop box is in place. The system shall create a recording,
which shall be reviewed by the state commissioner, county
attorney, and law enforcement in the event that misconduct
occurs.
(5) A ballot drop box shall be available no sooner than the
time that absentee ballots are allowed to be mailed pursuant
to section 53.8. The ballot drop box shall be removed or
restricted from accepting deliveries immediately upon the
closure of polls on election day.
(6) While available, a ballot drop box shall be securely
fastened to a stationary surface or an immovable object.
(7) The ballot drop box shall be secured by a lock and shall
include a tamper-evident seal. Only the commissioner or an
employee of the commissioner shall have access to the means to
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unfasten the lock.
(8) Materials delivered to the ballot drop box shall be
retrieved in an expeditious manner, but no less often than four
times per day.
(9) The commissioner shall maintain a log of each time
materials are retrieved from the ballot drop box, including the
date and time materials were retrieved, and the name of the
person who retrieved the materials. The commissioner or the
commissioner’s employee shall record on the ballot, near the
portion of the envelope including the affidavit signed by the
voter, that the materials were retrieved from a drop box, the
date and time of the retrieval, and the initials of the person
who retrieved the materials.
(10) A ballot retrieved from a ballot drop box shall be
processed in the same manner as a ballot returned pursuant to
paragraph “a” .
Sec. 54. Section 53.17, subsection 2, Code 2021, is amended
to read as follows:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner’s office before
the polls close on election day or be clearly postmarked by an
officially authorized postal service or bear a postal service
barcode traceable to a date of entry into the federal mail
system not later than the day before the election, as provided
in section 53.17A , and received by the commissioner not later
than noon on the Monday following the election .
Sec. 55. Section 53.17, subsection 4, paragraph f, Code
2021, is amended to read as follows:
f. A statement that the completed absentee ballot will
be delivered to the commissioner’s office within seventy-two
hours of retrieving it from the voter or before the closing of
the polls on election day, whichever is earlier, or that the
completed absentee ballot will be mailed to the commissioner
within seventy-two hours of retrieving it from the voter or
within time to be postmarked or, if applicable, to have the
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postal service barcode traced to a date of entry into the
federal mail system not later than the day before the election,
as provided in section 53.17A , whichever is earlier .
Sec. 56. Section 53.17, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. For the purposes of this section,
“voter’s designee” means a person not prohibited to collect and
deliver a completed ballot pursuant to section 53.33.
Sec. 57. Section 53.17A, subsection 2, paragraphs a and b,
Code 2021, are amended by striking the paragraphs.
Sec. 58. Section 53.18, subsection 2, Code 2021, is amended
to read as follows:
2. 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 the time polls close on election day.
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Sec. 59. Section 53.18, Code 2021, is amended by adding the
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. 60. Section 53.19, subsection 1, Code 2021, is amended
to read as follows:
1. The commissioner shall maintain a list of the absentee
ballots provided to registered voters, the serial number
appearing on the unsealed envelope, the date the application
for the absentee ballot was received, and the date the absentee
ballot was sent to the registered voter requesting the absentee
ballot , the date the absentee ballot was received by the
commissioner, the date the absentee ballot outer envelope
was opened, and whether the ballot was delivered by mail, in
person, to a ballot drop box, or cast in person at a satellite
location. The information under this subsection shall be
reported separately at the same time as the information
reported under section 53.30, subsection 3 .
Sec. 61. Section 53.22, subsection 3, Code 2021, 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
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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. 62. Section 53.22, subsection 6, paragraph a, Code
2021, 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 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 shall be a person not prohibited
to collect and deliver a completed ballot pursuant to section
53.33 . 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. 63. Section 53.23, subsection 3, paragraph c, Code
2021, is amended to read as follows:
c. For the general election, the The commissioner may
convene the special precinct election board on the day before
the election to begin counting absentee ballots. However, if
in the preceding general election the counting of absentee
ballots was not completed by 10:00 p.m. on election day, the
commissioner shall convene the special precinct election board
on the day before the next general election to begin counting
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absentee ballots. The board shall not release the results of
its tabulation pursuant to this paragraph until the count is
completed on election day.
Sec. 64. Section 53.30, Code 2021, is amended to read as
follows:
53.30 Ballots, ballot envelopes, and other information
preserved.
1. At the conclusion of each meeting of the absentee and
special voter precinct board, the board shall reconcile the
number of signed affidavits provided to the board by the
commissioner and the number of ballots that were counted and
tabulated. The board shall record the number of ballots that
were rejected prior to opening the affidavit envelope, the
number of absentee ballots that have been challenged and are
currently unopened, and the number of absentee ballots that
were accepted for counting and tabulation. The board shall
also reconcile the number of provisional ballots provided
to the board by the commissioner, the number of provisional
ballots that were accepted for counting and tabulation, and the
number of provisional ballots that were rejected.
2. At the conclusion of each meeting of the absentee and
special voters precinct board, the board shall securely seal
all ballots counted by them in the manner prescribed in section
50.12 . The ballot envelopes, including the affidavit envelope
if an affidavit envelope was provided, the return envelope, and
secrecy envelope bearing the signatures of precinct election
officials, as required by section 53.23 , shall be preserved.
All applications for absentee ballots, ballots rejected without
being opened, absentee ballot logs, and any other documents
pertaining to the absentee ballot process shall be preserved
until such time as the documents may be destroyed pursuant to
section 50.19 .
3. Following each primary and general election,
commissioners shall report to the state commissioner the
number of voted absentee ballots received by the commissioner,
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the total number of absentee ballots counted and tabulated
by the board, and the number of absentee ballots rejected by
the board. The commissioner shall also provide the number of
provisional ballots cast, the number of provisional ballots
rejected, and the number of provisional ballots that were
counted and tabulated by the board.
Sec. 65. NEW SECTION . 53.33 Unlawful return of ballot.
Notwithstanding any provision of law to the contrary, no
person other than the registered voter or an individual who
lives in the same household as the registered voter, the
registered voter’s immediate family member, an individual
serving as a caretaker for the registered voter, or an
individual pursuant to section 53.22 shall collect a completed
ballot and return the ballot by mail or in person to the county
auditor’s office or other election location. A violation of
this section constitutes election misconduct in the third
degree under section 39A.4.
Sec. 66. Section 53.44, subsection 2, Code 2021, is amended
by striking the subsection and inserting in lieu thereof the
following:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner’s office before
the polls close on election day or be clearly postmarked by an
officially authorized postal service or bear a postal service
barcode traceable to a date of entry into the federal mail
system not later than the day before the election, as provided
in section 53.17A, and received by the commissioner not later
than noon on the Monday following the election.
Sec. 67. Section 53.53, subsection 4, paragraphs b and c,
Code 2021, are amended to read as follows:
b. The voter’s completed regular or special Iowa absentee
ballot was received by the deadline for return of absentee
ballots established in section 53.17 53.44 .
c. The voter’s federal write-in ballot was received after
the deadline for return of absentee ballots established in
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section 53.17 53.44 .
Sec. 68. Section 66.1A, Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 8. For failure to pay a fine imposed
pursuant to section 39A.6 and not dismissed pursuant to chapter
17A.
Sec. 69. Section 69.14A, subsection 2, paragraph a,
subparagraphs (1) and (2), Code 2021, are amended to read as
follows:
(1) The appointment shall be for the period until the
next pending election as defined in section 69.12 general
election , and shall be made within forty days after the vacancy
occurs. If the board of supervisors chooses to proceed under
this paragraph, the board shall publish notice in the manner
prescribed by section 331.305 stating that the board intends
to fill the vacancy by appointment but that the electors of
the county have the right to file a petition requiring that
the vacancy be filled by special election. The board may
publish notice in advance if an elected official submits a
resignation to take effect at a future date. The board may
make an appointment to fill the vacancy after the notice is
published or after the vacancy occurs, whichever is later. A
person appointed to an office under this subsection , except for
a county attorney, shall have actually resided in the county
which the appointee represents sixty days prior to appointment.
A person appointed to the office of county attorney shall be a
resident of the county at the time of appointment.
(2) However, if within fourteen days after publication
of the notice or within fourteen days after the appointment
is made, a petition is circulated and filed with the county
auditor requesting a special election to fill the vacancy,
the appointment is temporary and a special election shall be
called as provided in paragraph “b” . The petition shall meet
the requirements of section 331.306 . A signature shall not be
considered valid if the signature is dated prior to the date on
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which the appointment was made.
Sec. 70. Section 69.14A, subsection 2, paragraph b,
subparagraph (1), Code 2021, is amended to read as follows:
(1) The board of supervisors may, on its own motion, or
shall, upon receipt of a petition as provided in paragraph
“a” , call for a special election to fill the vacancy in lieu
of appointment. The supervisors shall order the special
election at the earliest practicable date, but giving at least
thirty-two days’ notice of the election. A special election
called under this section shall be held on a Tuesday and shall
not be held on the same day as a school election within the
county .
Sec. 71. Section 331.756, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 75. Bring actions under chapter 66 for
failure to pay fines imposed pursuant to section 39A.6 and not
dismissed pursuant to chapter 17A.
Sec. 72. Section 445.5, subsection 1, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . i. Until November 7, 2024, the hours during
which polling places are open on election days. This paragraph
is repealed effective July 1, 2025.
Sec. 73. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
Sec. 74. APPLICABILITY. The following apply to all
candidates seeking election to an office that will appear on a
ballot in or after 2022:
1. The sections of this Act amending section 43.20.
2. The section of this Act amending section 44.1.
3. The section of this Act amending section 45.1.
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