Bill Text: IA HF2354 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of elections, including the counting and recounting of ballots and the certification of results.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2022-02-10 - Introduced, referred to State Government. H.J. 236. [HF2354 Detail]
Download: Iowa-2021-HF2354-Introduced.html
House
File
2354
-
Introduced
HOUSE
FILE
2354
BY
MASCHER
,
WINCKLER
,
COHOON
,
DONAHUE
,
NIELSEN
,
HUNTER
,
GJERDE
,
and
WOLFE
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
the
1
counting
and
recounting
of
ballots
and
the
certification
of
2
results.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
49.98,
Code
2022,
is
amended
to
read
as
1
follows:
2
49.98
Counting
ballots.
3
The
ballots
shall
be
counted
according
to
the
voters’
marks
4
on
them
as
provided
in
sections
49.92
and
49.93
,
and
not
5
otherwise.
If,
for
any
reason,
it
is
impossible
to
determine
6
from
a
ballot,
as
marked,
the
choice
of
the
voter
for
any
7
office,
the
vote
for
that
office
shall
not
be
counted.
A
8
ballot
shall
be
rejected
if
the
voter
used
a
mark
to
identify
9
the
voter’s
ballot.
The
state
commissioner
shall,
by
rule
10
adopted
pursuant
to
chapter
17A
,
develop
uniform
definitions
of
11
what
constitutes
a
vote.
12
Sec.
2.
Section
50.24,
subsection
3,
Code
2022,
is
amended
13
to
read
as
follows:
14
3.
The
Not
later
than
one
week
after
convening,
the
board
15
shall
certify
an
election
canvass
summary
report
prepared
by
16
the
commissioner.
The
election
canvass
summary
report
shall
17
include
the
results
of
the
election,
including
scatterings,
18
overvotes,
and
undervotes,
by
precinct
for
each
contest
and
19
public
measure
that
appeared
on
the
ballot
of
the
election
20
being
canvassed.
However,
if
paper
ballots
are
used
pursuant
21
to
section
49.26
,
the
election
canvass
summary
report
shall
not
22
include
overvotes
and
undervotes.
23
Sec.
3.
Section
50.38,
Code
2022,
is
amended
to
read
as
24
follows:
25
50.38
Time
of
state
canvass.
26
Not
later
than
twenty-seven
thirty-four
days
after
the
27
day
of
the
election,
the
secretary
of
state
shall
present
to
28
the
board
of
state
canvassers
abstracts
of
votes
cast
at
the
29
election
showing
the
number
of
ballots
cast
for
each
office
and
30
a
summary
of
the
results
for
each
office,
showing
the
votes
31
cast
in
each
county.
The
state
board
of
canvassers
shall
32
review
the
results
compiled
by
the
secretary
of
state
and,
if
33
the
results
are
accurately
tabulated,
the
state
board
shall
34
approve
the
canvass.
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Sec.
4.
Section
50.48,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
2
follows:
3
The
county
board
of
canvassers
shall
order
a
recount
of
the
4
votes
cast
for
a
particular
office
or
nomination
in
one
or
more
5
specified
each
election
precincts
in
that
county
precinct
where
6
a
vote
was
cast
for
an
office
if
a
written
request
for
a
recount
7
is
made
not
later
than
5:00
p.m.
on
the
third
day
following
8
the
county
board’s
canvass
of
the
election
in
question.
For
9
a
city
runoff
election
held
pursuant
to
section
376.9
,
the
10
written
request
must
be
made
not
later
than
5:00
p.m.
on
the
11
day
following
the
county
board’s
canvass
of
the
city
runoff
12
election.
The
request
shall
be
filed
with
the
commissioner
of
13
that
county
and
shall
be
signed
by
either
of
the
following:
14
Sec.
5.
Section
50.48,
subsection
1,
Code
2022,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
c.
Immediately
upon
receipt
of
a
request
for
17
a
recount
for
an
office
filled
by
the
electors
of
more
than
one
18
county,
the
commissioner
shall
send
a
copy
of
the
request
to
19
each
commissioner
of
a
county
where
a
ballot
for
the
office
was
20
cast,
who
shall
conduct
a
recount
as
provided
in
this
section.
21
A
candidate
for
an
office
filled
by
the
electors
of
the
entire
22
state
shall
not
be
required
to
pay
more
than
one
bond
for
a
23
recount.
24
Sec.
6.
Section
50.48,
subsection
3,
Code
2022,
is
amended
25
to
read
as
follows:
26
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
27
consist
of
one
of
the
following
:
28
(1)
For
a
county
in
which
three
thousand
five
hundred
or
29
fewer
ballots
were
cast:
30
(1)
(a)
A
designee
of
the
candidate
requesting
the
recount,
31
who
shall
be
named
in
the
written
request
when
it
is
filed.
32
(2)
(b)
A
designee
of
the
apparent
winning
candidate,
who
33
shall
be
named
by
that
candidate
at
or
before
the
time
the
34
board
is
required
to
convene.
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(3)
(c)
A
person
chosen
jointly
by
the
members
designated
1
under
subparagraphs
(1)
subparagraph
divisions
(a)
and
(2)
(b)
.
2
(2)
For
a
county
in
which
more
than
three
thousand
five
3
hundred
but
not
more
than
twelve
thousand
ballots
were
cast:
4
(a)
Two
designees
of
the
candidate
requesting
the
recount,
5
who
shall
be
named
in
the
written
request
when
it
is
filed.
6
(b)
Two
designees
of
the
apparent
winning
candidate,
who
7
shall
be
named
by
that
candidate
at
or
before
the
time
the
8
board
is
required
to
convene.
9
(c)
Two
persons
chosen
jointly
by
the
members
designated
10
under
subparagraph
divisions
(a)
and
(b).
11
(3)
For
a
county
in
which
more
than
twelve
thousand
ballots
12
were
cast:
13
(a)
Three
designees
of
the
candidate
requesting
the
14
recount,
who
shall
be
named
in
the
written
request
when
it
is
15
filed.
16
(b)
Three
designees
of
the
apparent
winning
candidate,
who
17
shall
be
named
by
that
candidate
at
or
before
the
time
the
18
board
is
required
to
convene.
19
(c)
Three
persons
chosen
jointly
by
the
members
designated
20
under
subparagraph
divisions
(a)
and
(b).
21
b.
The
commissioner
shall
convene
the
persons
designated
22
under
paragraph
“a”
,
subparagraphs
subparagraph
(1)
and
,
23
subparagraph
divisions
(a)
and
(b),
subparagraph
(2),
24
subparagraph
divisions
(a)
and
(b),
or
subparagraph
(3),
25
subparagraph
divisions
(a)
and
(b),
not
later
than
9:00
a.m.
26
on
the
seventh
day
following
the
county
board’s
canvass
of
the
27
election
in
question.
If
those
two
members
cannot
agree
on
the
28
third
additional
member
or
members
by
8:00
a.m.
on
the
ninth
29
day
following
the
canvass,
they
shall
immediately
so
notify
the
30
chief
judge
of
the
judicial
district
in
which
the
canvass
is
31
occurring,
who
shall
appoint
the
third
additional
member
or
32
members
not
later
than
5:00
p.m.
on
the
eleventh
day
following
33
the
canvass.
34
Sec.
7.
Section
50.48,
subsection
4,
paragraphs
a
and
c,
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Code
2022,
are
amended
to
read
as
follows:
1
a.
When
all
members
of
the
recount
board
have
been
selected,
2
the
board
shall
undertake
and
complete
the
required
recount
by
3
hand
as
expeditiously
as
reasonably
possible.
The
commissioner
4
or
the
commissioner’s
designee
shall
supervise
the
handling
5
of
ballots
to
ensure
that
the
ballots
are
protected
from
6
alteration
or
damage.
The
board
shall
open
only
the
sealed
7
ballot
containers
from
the
precincts
specified
to
be
recounted
8
in
the
request
or
by
the
recount
board.
The
board
shall
9
recount
only
the
ballots
which
were
voted
and
counted
for
the
10
office
in
question,
including
any
disputed
ballots
returned
as
11
required
in
section
50.5
.
If
automatic
tabulating
equipment
12
was
used
to
count
the
ballots,
the
recount
board
may
request
13
the
commissioner
to
retabulate
the
ballots
using
the
automatic
14
tabulating
equipment.
The
same
program
used
for
tabulating
the
15
votes
on
election
day
shall
be
used
at
the
recount
unless
the
16
program
is
believed
or
known
to
be
flawed.
The
board
shall
17
presume
that
any
mark
in
a
voting
target
constitutes
a
vote
18
for
the
candidate
or
public
measure
listed
next
to
the
target
19
unless
the
board
finds
that
the
mark
was
made
inadvertently
or
20
that
the
voter
attempted
to
erase
the
mark.
21
c.
The
ballots
shall
be
resealed
by
the
recount
board
before
22
adjournment
and
shall
be
preserved
as
required
by
section
23
50.12
.
At
the
conclusion
of
the
recount,
the
recount
board
24
shall
make
and
file
with
the
commissioner
a
written
report
of
25
its
findings,
which
shall
be
signed
by
at
least
two
two-thirds
26
of
the
members
of
the
recount
board.
The
recount
board
shall
27
complete
the
recount
and
file
its
report
not
later
than
the
28
eighteenth
day
following
the
county
board’s
canvass
of
the
29
election
in
question.
30
Sec.
8.
Section
50.48,
subsection
4,
paragraph
b,
Code
2022,
31
is
amended
by
striking
the
paragraph.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
conduct
of
elections,
including
the
1
counting
and
recounting
of
ballots
and
the
certification
of
2
results.
The
bill
strikes
a
provision
of
law
making
a
ballot
3
invalid
if
the
voter
placed
an
identifying
mark
on
the
ballot.
4
The
bill
requires
a
county
board
of
supervisors
to
certify
the
5
results
of
an
election
within
one
week
after
convening.
The
6
bill
changes
the
date
by
which
the
secretary
of
state
must
7
certify
an
election
from
27
days
after
the
election
to
34
days
8
after
the
election.
9
The
bill
requires
all
recounts
of
ballots
cast
for
an
office
10
to
include
each
precinct
in
which
a
ballot
was
cast
for
that
11
office.
If
ballots
were
cast
for
the
office
in
more
than
one
12
county,
the
county
commissioner
of
elections
who
receives
a
13
request
for
a
recount
shall
immediately
forward
the
request
to
14
each
other
county
commissioner
of
elections
of
a
county
where
a
15
ballot
was
cast
for
that
office,
who
shall
conduct
a
recount
16
for
the
office.
A
candidate
for
a
statewide
office
shall
not
17
be
required
to
pay
more
than
one
bond
for
a
recount.
18
The
bill
changes
the
size
of
a
recount
board
based
on
the
19
number
of
ballots
cast
in
the
election.
For
a
county
in
which
20
3,500
or
fewer
ballots
were
cast,
the
bill
requires
a
recount
21
board
to
consist
of
one
designee
of
each
contestant
and
one
22
person
agreed
upon
by
the
designees.
For
a
county
in
which
at
23
least
3,501
but
not
more
than
12,000
ballots
were
cast,
the
24
bill
requires
a
recount
board
to
consist
of
two
designees
of
25
each
contestant
and
two
persons
agreed
upon
by
the
designees.
26
For
a
county
in
which
12,001
ballots
or
more
were
cast,
the
27
bill
requires
a
recount
board
to
consist
of
three
designees
of
28
each
contestant
and
three
persons
agreed
upon
by
the
designees.
29
The
bill
requires
a
report
of
a
recount
board
to
be
signed
by
30
two-thirds
of
the
members
of
the
board.
31
The
bill
strikes
a
provision
allowing
a
recount
board
to
32
use
automatic
tabulating
equipment
to
retabulate
ballots
and
33
requires
a
recount
board
to
conduct
each
recount
by
hand.
The
34
bill
also
requires
a
recount
board
to
presume
that
any
mark
in
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