Bill Text: IA HF2498 | 2023-2024 | 90th General Assembly | Introduced

---

Bill Title: A bill for an act relating to election misconduct, and providing penalties.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2024-02-14 - Introduced, referred to State Government. H.J. 263. [HF2498 Detail]

Download: Iowa-2023-HF2498-Introduced.html

---

House File 2498 - Introduced
HOUSE FILE 2498
BY JAMES , MADISON , STAED ,
LEVIN , NIELSEN ,
BROWN-POWERS , EHLERT ,
WILSON , KURTH , GAINES ,
KRESSIG , FORBES , GJERDE ,
BAGNIEWSKI , CROKEN ,
WILBURN , WESSEL-KROESCHELL ,
SCHOLTEN , and KONFRST
A BILL FOR
An Act relating to election misconduct, and providing
penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5713YH (3) 90
ss/ns

H.F. 2498
Section 1. Section 39A.2, subsection 1, paragraph c, Code
2024, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (5) To perform the person’s duties as an
election official under chapters 39 through 53.
Sec. 2. Section 39A.2, subsection 1, paragraph f, Code 2024,
is amended to read as follows:
f. Voting equipment tampering. Intentionally alters or
damages any computer software or any physical part of voting
equipment, automatic tabulating equipment, or any other part
of a voting system , including by creating or disclosing an
electronic image of the hard drive of a voting system except
as otherwise authorized by law .
Sec. 3. Section 39A.3, subsection 1, paragraph c, Code 2024,
is amended to read as follows:
c. Miscellaneous offenses.
(1) Uses voter registration information, including resale
or redistribution of the voter registration list without
written permission of the state registrar, for purposes other
than those permitted by section 48A.39 .
(2) Accesses the statewide voter registration system
without permission of the state registrar or accesses the
statewide voter registration system with the purpose of
altering a record contained in the statewide voter registration
system.
Sec. 4. Section 39A.4, subsection 1, paragraph c, Code 2024,
is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH . (12) Intentionally hindering,
interfering with, or preventing an election official in the
performance of the election official’s duties under chapters 39
through 53, including by physically obstructing the movement
of an election official.
NEW SUBPARAGRAPH . (13) Knowingly and without consent
making publicly available personal information about an
election official or an election official’s family or
household member if the dissemination poses an imminent
-1-
LSB 5713YH (3) 90
ss/ns 1/ 4

H.F. 2498
and serious threat to the election official or the election
official’s family or household member and the person making the
information publicly available knows or reasonably should know
of an imminent and serious threat.
Sec. 5. NEW SECTION . 39A.8 Election officials —— removal.
1. A county commissioner may remove an election official
employed by the county commissioner at any time if the
election official engages in a neglect of duty, malfeasance, or
misconduct, or for any other reason.
2. The state commissioner may remove an election official
employed by the state commissioner at any time if the election
official engages in a neglect of duty, malfeasance, or
misconduct, or for any other reason.
Sec. 6. NEW SECTION . 39A.9 Civil penalty.
1. In addition to any other penalty provided by law, an
election official injured by a violation of this chapter
may bring a civil action for injunctive relief, damages, or
both. In addition to any other damages, a court may impose a
civil penalty of not more than one thousand dollars for each
violation. Civil penalties collected under this section shall
be deposited in the general fund of the state.
2. A court may, in its discretion, award all or a portion of
the costs of litigation, including reasonable attorney fees and
witness fees, to the complainant.
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 election misconduct. The bill
makes intimidation of election officials and the creation
or disclosure of an electronic image of the hard drive of a
voting system, except as otherwise authorized by law, election
misconduct in the first degree, a class “D” felony. A class
“D” felony is punishable by confinement for no more than five
years and a fine of at least $1,025 but not more than $10,245.
The bill makes accessing the statewide voter registration
-2-
LSB 5713YH (3) 90
ss/ns 2/ 4

H.F. 2498
system without permission of the state registrar or with the
purpose of altering a record contained in the statewide voter
registration system, election misconduct in the second degree,
an aggravated misdemeanor. An aggravated misdemeanor is
punishable by confinement for no more than two years and a fine
of at least $855 but not more than $8,540.
The bill makes intentionally hindering, interfering with,
or preventing an election official in the performance of
the election official’s duties, including by physically
obstructing an election official, election misconduct in the
third degree. The bill also makes knowingly and without
consent making publicly available the personal information
of an election official or an election official’s family or
household member, if the dissemination poses an imminent
and serious threat to the election official or the election
official’s family or household member and the person making the
information publicly available knows or reasonably should know
of an imminent and serious threat, election misconduct in the
third degree. Election misconduct in the third degree is a
serious misdemeanor. A serious misdemeanor is punishable by
confinement for no more than one year and a fine of at least
$430 but not more than $2,560.
The bill allows a county commissioner of elections or the
state commissioner of elections to remove an election official
employed by the county commissioner or state commissioner
if the election official engages in a neglect of duty,
malfeasance, or misconduct, or for any other reason. The bill
also allows an election official injured by a violation of Code
chapter 39A (election misconduct) to bring a civil action for
injunctive relief, damages, or both. In addition to any other
damages, the bill allows a court to impose a civil penalty of
up to $1,000 for each violation of Code chapter 39A, to be
deposited in the general fund of the state. The court may
also, in its discretion, award all or a portion of the costs
of litigation, including reasonable attorney fees and witness
-3-
LSB 5713YH (3) 90
ss/ns 3/ 4

H.F. 2498
fees, to the complainant.
-4-
LSB 5713YH (3) 90
ss/ns 4/ 4