Bill Text: IA HF356 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of elections, including provisions related to absentee ballots, recounts, and contested gubernatorial elections and impeachments, making penalties applicable, and including effective date provisions.(See HF 470.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-27 - Committee report approving bill, renumbered as HF 470. [HF356 Detail]
Download: Iowa-2023-HF356-Introduced.html
House
File
356
-
Introduced
HOUSE
FILE
356
BY
KAUFMANN
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
1
provisions
related
to
absentee
ballots,
recounts,
and
2
contested
gubernatorial
elections
and
impeachments,
3
making
penalties
applicable,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2089YH
(4)
90
ss/ns
H.F.
356
Section
1.
Section
43.56,
subsection
1,
paragraph
c,
Code
1
2023,
is
amended
to
read
as
follows:
2
c.
A
third
person
mutually
agreeable
to
the
board
members
3
designated
by
the
candidates
One
person
who
is
a
precinct
4
election
official
selected
by
the
chief
judge
of
the
judicial
5
district
in
which
the
canvass
occurs
at
or
before
the
time
the
6
board
is
required
to
convene
.
7
Sec.
2.
Section
43.78,
subsection
5,
paragraph
b,
Code
2023,
8
is
amended
to
read
as
follows:
9
b.
In
the
office
of
the
appropriate
commissioner,
at
least
10
sixty-four
sixty-seven
days
before
the
date
of
the
election.
11
Sec.
3.
Section
43.92,
Code
2023,
is
amended
to
read
as
12
follows:
13
43.92
Date
of
caucus
published.
14
1.
The
date,
time,
and
place
of
each
precinct
caucus
of
a
15
political
party
shall
be
published
at
least
twice
in
at
least
16
one
newspaper
of
general
circulation
in
the
precinct.
The
17
first
publication
shall
be
made
not
more
than
fifteen
days
nor
18
less
than
seven
days
before
the
date
of
the
caucus
and
the
19
second
shall
be
made
not
more
than
seven
days
before
and
not
20
later
than
the
date
of
the
caucus.
Such
publication
shall
21
also
state
in
substance
that
each
voter
affiliated
with
the
22
specified
political
party
may
attend
the
precinct
caucus.
23
Publication
in
a
news
item
or
advertisement
in
such
newspaper
24
shall
constitute
publication
for
the
purposes
of
this
section
.
25
The
cost
of
such
publication,
if
any,
shall
be
paid
by
the
26
political
party.
27
2.
a.
In
lieu
of
the
requirement
to
publish
a
notice
in
a
28
newspaper
of
general
circulation
in
the
precinct,
a
political
29
party
may
publish
the
notice
in
its
entirety
on
the
political
30
party’s
internet
site,
if
the
political
party
maintains
an
31
internet
site.
The
notice
shall
include
all
information
32
otherwise
required
to
be
contained
in
the
publication
and
33
shall
comply
with
all
requirements
relating
to
the
date
of
34
publication.
35
-1-
LSB
2089YH
(4)
90
ss/ns
1/
31
H.F.
356
b.
In
posting
and
maintaining
a
notice
on
a
political
1
party’s
internet
site,
the
political
party
shall
satisfy
all
2
of
the
following
requirements:
3
(1)
The
internet
site
shall
be
available
and
easily
4
accessible
at
all
times
by
the
public.
5
(2)
The
public
shall
not
be
charged
for
access
to
any
notice
6
posted
on
the
internet
site
pursuant
to
this
subsection.
7
(3)
The
notice
shall
be
maintained
and
accessible
through
8
the
same
internet
site
address
for
as
long
as
required
by
law
9
or
as
long
as
such
information
is
customarily
maintained
by
the
10
political
party,
whichever
is
longer.
11
c.
Compliance
with
the
requirements
of
this
subsection
12
shall
constitute
compliance
with
the
newspaper
publication
13
requirements
in
subsection
1.
14
Sec.
4.
Section
48A.14,
Code
2023,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
6.
A
challenger
shall
post
a
bond
at
the
17
time
of
filing
a
challenge
in
an
amount
to
be
determined
by
18
the
commissioner
that
is
sufficient
to
cover
the
costs
of
19
verifying
the
registration
of
the
challenged
registrant.
If
20
the
commissioner
determines
that
the
challenged
registrant’s
21
registration
is
invalid,
the
bond
shall
be
returned
to
the
22
challenger.
In
all
other
cases,
the
bond
shall
be
deposited
in
23
the
election
fund
of
the
county
of
the
commissioner
with
whom
24
it
was
filed.
25
Sec.
5.
Section
49.53,
subsection
1,
Code
2023,
is
amended
26
to
read
as
follows:
27
1.
The
commissioner
shall
not
less
than
four
nor
more
28
than
twenty
thirty
days
before
the
day
of
each
election,
29
except
those
for
which
different
publication
requirements
are
30
prescribed
by
law,
publish
notice
of
the
election.
The
notice
31
shall
list
the
names
of
all
candidates
or
nominees
and
the
32
office
each
seeks,
and
all
public
questions,
to
be
voted
upon
33
at
the
election.
The
notice
shall
also
state
the
date
of
the
34
election,
the
hours
the
polls
will
be
open,
that
each
voter
is
35
-2-
LSB
2089YH
(4)
90
ss/ns
2/
31
H.F.
356
required
to
provide
identification
at
the
polling
place
before
1
the
voter
can
receive
and
cast
a
ballot,
the
location
of
each
2
polling
place
at
which
voting
is
to
occur
in
the
election,
and
3
the
names
of
the
precincts
voting
at
each
polling
place
,
the
4
date
the
election
will
be
audited
pursuant
to
section
50.51,
5
the
location
of
the
audit,
and
the
hours
during
which
the
6
election
will
be
audited
.
The
notice
shall
include
the
full
7
text
of
all
public
measures
to
be
voted
upon
at
the
election.
8
The
notice
may
contain
one
or
more
facsimiles
of
the
portion
of
9
the
ballot
containing
the
first
arrangement
of
candidates
as
10
prescribed
by
section
49.31,
subsection
2
.
11
Sec.
6.
NEW
SECTION
.
49.76A
Electronic
election
register.
12
1.
The
commissioner
may
use
an
electronic
election
register
13
in
lieu
of
a
paper
register
if
the
electronic
election
register
14
is
a
product
that
has
been
certified
for
use
in
this
state
by
15
the
state
commissioner.
16
2.
The
state
commissioner
shall
adopt
rules
pursuant
to
17
chapter
17A
for
the
implementation
of
this
section.
18
Sec.
7.
Section
50.11,
subsection
1,
Code
2023,
is
amended
19
to
read
as
follows:
20
1.
When
the
canvass
is
completed
one
of
the
precinct
21
election
officials
shall
,
upon
request
of
a
person
at
the
22
precinct,
publicly
announce
the
total
number
of
votes
received
23
by
each
of
the
persons
voted
for,
the
office
for
which
the
24
person
is
designated,
as
announced
by
the
designated
tally
25
keepers,
and
the
number
of
votes
for,
and
the
number
of
votes
26
against,
any
proposition
which
shall
have
been
submitted
to
a
27
vote
of
the
people.
A
precinct
election
official
may,
at
the
28
request
of
the
commissioner
who
is
conducting
the
election,
29
communicate
the
election
results
by
telephone
and
shall
deliver
30
the
election
results
in
person
pursuant
to
section
50.14
to
the
31
commissioner
who
is
conducting
the
election
immediately
upon
32
completion
of
the
canvass.
33
Sec.
8.
Section
50.12,
Code
2023,
is
amended
to
read
as
34
follows:
35
-3-
LSB
2089YH
(4)
90
ss/ns
3/
31
H.F.
356
50.12
Return
and
preservation
of
ballots.
1
Immediately
after
making
the
proclamation,
and
before
2
separating,
the
board
members
of
each
precinct
in
which
votes
3
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
4
or
other
container
all
ballots
which
have
been
counted
by
them,
5
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
6
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
7
of
all
board
members
of
the
precinct
shall
be
placed
across
8
the
seal
or
the
opening
of
the
container
so
that
it
cannot
9
be
opened
without
breaking
the
seal.
The
precinct
election
10
officials
shall
return
all
the
ballots
to
the
commissioner,
11
who
shall
carefully
preserve
them
for
six
months.
Ballots
12
from
elections
for
federal
offices
shall
be
preserved
for
13
twenty-two
months.
The
sealed
packages
containing
voted
14
ballots
shall
be
opened
only
for
an
official
recount
authorized
15
by
section
50.48
,
or
50.49
,
or
50.50
,
for
an
election
contest
16
held
pursuant
to
chapters
57
through
62
,
to
conduct
an
audit
17
pursuant
to
section
50.50
or
50.51,
or
to
destroy
the
ballots
18
pursuant
to
section
50.19
.
19
Sec.
9.
Section
50.15A,
Code
2023,
is
amended
to
read
as
20
follows:
21
50.15A
Unofficial
results
of
voting
——
general
election
only
.
22
1.
In
order
to
provide
the
public
with
an
early
source
23
of
election
results
before
the
official
canvass
of
votes,
24
the
state
commissioner
of
elections,
in
cooperation
with
the
25
commissioners
of
elections,
shall
conduct
an
unofficial
canvass
26
of
election
results
following
the
closing
of
the
polls
on
27
the
day
of
a
regular
city
election,
regular
school
election,
28
primary
election,
and
general
election.
The
unofficial
29
canvass
shall
report
election
results
for
national
offices,
30
statewide
offices,
the
office
of
state
representative,
the
31
office
of
state
senator,
and
other
offices
or
public
measures
32
at
the
discretion
of
the
state
commissioner
of
elections.
33
The
unofficial
canvass
shall
also
report
the
total
number
of
34
ballots
cast
at
the
general
election.
35
-4-
LSB
2089YH
(4)
90
ss/ns
4/
31
H.F.
356
2.
a.
After
the
polls
close
on
election
day,
the
1
commissioner
of
elections
shall
periodically
provide
election
2
results
to
the
state
commissioner
of
elections
as
the
precincts
3
in
the
county
report
election
results
to
the
commissioner
4
pursuant
to
section
50.11
.
If
the
commissioner
determines
5
that
all
precincts
will
not
report
election
results
before
6
the
office
is
closed,
the
commissioner
shall
report
the
most
7
complete
results
available
prior
to
leaving
the
office
at
the
8
time
the
office
is
closed
as
provided
in
section
50.11
.
The
9
commissioner
shall
specify
the
number
of
precincts
included
in
10
the
report
to
the
state
commissioner
of
elections
and
provide
11
an
explanation
in
writing
as
to
why
all
precincts
will
not
be
12
reported
.
13
b.
The
state
commissioner
of
elections
shall
tabulate
14
unofficial
election
results
as
the
results
are
received
from
15
the
commissioners
of
elections
and
shall
periodically
make
the
16
reports
of
the
results
available
to
the
public.
17
3.
Before
the
day
of
the
general
election,
the
state
18
commissioner
of
elections
shall
provide
a
form
and
instructions
19
for
reporting
unofficial
election
results
pursuant
to
this
20
section
.
21
Sec.
10.
Section
50.24,
subsections
1
and
4,
Code
2023,
are
22
amended
to
read
as
follows:
23
1.
The
county
board
of
supervisors
shall
meet
to
canvass
24
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
25
each
election
to
which
this
chapter
is
applicable,
unless
26
the
law
authorizing
the
election
specifies
another
date
for
27
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
28
section
4.1,
subsection
34
,
controls.
29
4.
For
a
regular
or
special
city
election
or
a
city
runoff
30
election,
if
the
city
is
located
in
more
than
one
county,
the
31
controlling
commissioner
for
that
city
under
section
47.2
shall
32
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
33
the
day
of
the
election.
However,
if
a
recount
is
requested
34
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
35
-5-
LSB
2089YH
(4)
90
ss/ns
5/
31
H.F.
356
conduct
the
second
canvass
within
two
business
days
after
the
1
conclusion
of
the
recount
proceedings.
Each
commissioner
2
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
3
shall
transmit
abstracts
for
the
offices
and
public
measures
of
4
that
city
to
the
controlling
commissioner
for
that
city,
along
5
with
individual
tallies
for
each
write-in
candidate.
At
the
6
second
canvass,
the
county
board
of
supervisors
of
the
county
7
of
the
controlling
commissioner
shall
canvass
the
abstracts
8
received
pursuant
to
this
subsection
and
shall
prepare
a
9
combined
city
abstract
stating
the
number
of
votes
cast
in
the
10
city
for
each
office
and
on
each
question
on
the
ballot
for
11
the
city
election.
The
combined
city
abstract
shall
further
12
indicate
the
name
of
each
person
who
received
votes
for
each
13
office
on
the
ballot,
the
number
of
votes
each
person
named
14
received
for
that
office,
and
the
number
of
votes
for
and
15
against
each
question
submitted
to
the
voters
at
the
election.
16
The
votes
of
all
write-in
candidates
who
each
received
less
17
than
five
percent
of
the
total
votes
cast
in
the
city
for
18
an
office
shall
be
reported
collectively
under
the
heading
19
“scattering”.
20
Sec.
11.
Section
50.24,
subsection
5,
paragraph
a,
Code
21
2023,
is
amended
to
read
as
follows:
22
a.
For
a
regular
or
special
school
election,
if
the
school
23
district
is
located
in
more
than
one
county,
the
controlling
24
commissioner
for
that
school
district
under
section
47.2
shall
25
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
26
the
day
of
election.
However,
if
a
recount
is
requested
27
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
28
conduct
the
second
canvass
within
two
business
days
after
the
29
conclusion
of
the
recount
proceedings.
Each
commissioner
30
conducting
a
canvass
for
the
school
district
pursuant
to
31
subsection
1
shall
transmit
abstracts
for
the
offices
and
32
public
measures
of
that
school
district
to
the
controlling
33
commissioner
for
that
school
district,
along
with
individual
34
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
35
-6-
LSB
2089YH
(4)
90
ss/ns
6/
31
H.F.
356
county
board
of
supervisors
of
the
controlling
county
shall
1
canvass
the
abstracts
received
pursuant
to
this
subsection
and
2
shall
prepare
a
combined
school
district
abstract
stating
the
3
number
of
votes
cast
in
the
school
district
for
each
office
and
4
on
each
question
on
the
ballot
for
the
school
election.
The
5
combined
school
district
abstract
shall
further
indicate
the
6
name
of
each
person
who
received
votes
for
each
office
on
the
7
ballot,
the
number
of
votes
each
person
named
received
for
that
8
office,
and
the
number
of
votes
for
and
against
each
question
9
submitted
to
the
voters
at
the
election.
The
votes
of
all
10
write-in
candidates
who
each
received
less
than
five
percent
of
11
the
total
votes
cast
in
the
school
district
for
an
office
shall
12
be
reported
collectively
under
the
heading
“scattering”.
13
Sec.
12.
Section
50.48,
subsection
1,
paragraphs
a
and
b,
14
Code
2023,
are
amended
to
read
as
follows:
15
a.
The
county
board
of
canvassers
shall
order
a
recount
of
16
the
votes
cast
for
a
particular
office
or
nomination
in
one
17
or
more
specified
all
election
precincts
in
that
county
if
a
18
written
request
for
a
recount
is
made
not
later
than
5:00
p.m.
19
on
the
third
second
day
following
the
county
board’s
canvass
20
of
the
election
in
question.
For
a
city
runoff
election
held
21
pursuant
to
section
376.9
,
the
written
request
must
be
made
not
22
later
than
5:00
p.m.
on
the
day
following
the
county
board’s
23
canvass
of
the
city
runoff
election.
A
written
request
for
a
24
recount
shall
indicate
whether
the
recount
shall
be
conducted
25
only
using
automatic
tabulating
equipment
or
by
a
hand
recount
26
following
the
use
of
automatic
tabulating
equipment.
If
a
27
candidate
requests
a
hand
recount
in
one
county,
the
candidate
28
shall
also
request
a
hand
recount
in
each
county
at
which
the
29
candidate
requests
a
recount.
The
request
shall
be
filed
with
30
the
commissioner
of
that
county
and
shall
be
signed
by
either
31
of
the
following:
32
(1)
A
candidate
for
that
office
or
nomination
whose
name
33
was
printed
on
the
a
ballot
of
the
precinct
or
precincts
in
the
34
county
where
the
recount
is
requested.
35
-7-
LSB
2089YH
(4)
90
ss/ns
7/
31
H.F.
356
(2)
Any
other
person
who
receives
votes
for
that
particular
1
office
or
nomination
in
the
precinct
or
precincts
county
where
2
the
recount
is
requested
and
who
is
legally
qualified
to
seek
3
and
to
hold
the
office
in
question.
4
b.
Immediately
upon
receipt
of
a
request
for
a
recount,
5
the
commissioner
shall
send
a
copy
of
the
request
to
the
6
apparent
winner
by
certified
mail
and
the
state
commissioner
7
by
electronic
mail
.
The
commissioner
shall
also
attempt
to
8
contact
the
apparent
winner
by
telephone.
If
the
apparent
9
winner
cannot
be
reached
within
four
three
days,
the
10
chairperson
of
the
political
party
or
organization
which
11
nominated
the
apparent
winner
shall
be
contacted
and
shall
act
12
on
behalf
of
the
apparent
winner,
if
necessary.
For
candidates
13
for
state
or
federal
offices,
the
chairperson
of
the
state
14
party
shall
be
contacted.
For
candidates
for
county
offices,
15
the
county
chairperson
of
the
party
shall
be
contacted.
16
Sec.
13.
Section
50.48,
subsection
2,
Code
2023,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
c.
(1)
Upon
receipt
of
a
written
request
19
for
a
hand
recount
involving
a
state
office,
including
a
seat
20
in
the
general
assembly,
a
seat
in
the
United
States
Congress,
21
or
electors
for
president
or
vice
president,
forwarded
by
22
the
commissioner,
the
state
commissioner
shall
verify
that
23
each
request
for
a
recount
for
that
office
submitted
by
that
24
candidate
included
a
request
for
a
hand
recount.
For
each
25
request
that
did
not
include
a
request
for
a
hand
recount,
the
26
state
commissioner
shall
assess
a
civil
penalty
of
one
hundred
27
dollars
against
the
candidate.
The
civil
penalty
shall
first
28
be
deducted
from
the
bond
filed
by
the
candidate.
29
(2)
Upon
verification
that
a
candidate
for
a
state
office,
30
including
a
seat
in
the
general
assembly,
a
seat
in
the
United
31
States
Congress,
or
electors
for
president
or
vice
president,
32
submitted
a
written
request
for
hand
recount
in
at
least
one
33
but
not
all
counties,
the
state
commissioner
shall,
within
six
34
days
following
the
county
canvass
of
the
election,
inform
each
35
-8-
LSB
2089YH
(4)
90
ss/ns
8/
31
H.F.
356
commissioner
at
which
a
hand
recount
was
not
requested
that
a
1
hand
recount
shall
be
performed
pursuant
to
this
section.
2
Sec.
14.
Section
50.48,
subsections
3
and
4,
Code
2023,
3
are
amended
by
striking
the
subsections
and
inserting
in
lieu
4
thereof
the
following:
5
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
6
consist
of
one
of
the
following:
7
(1)
For
a
county
with
a
population
of
fewer
than
fifteen
8
thousand
people
according
to
the
most
recent
federal
decennial
9
census:
10
(a)
A
designee
of
the
candidate
requesting
the
recount,
11
who
shall
be
named
in
the
written
request
when
the
request
is
12
filed.
13
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
14
be
named
by
the
candidate
at
or
before
the
time
the
board
is
15
required
to
convene.
16
(c)
A
member
who
is
a
precinct
election
official
selected
by
17
the
chief
judge
of
the
judicial
district
in
which
the
canvass
18
occurs
at
or
before
the
time
the
board
is
required
to
convene.
19
(2)
For
a
county
with
a
population
of
at
least
fifteen
20
thousand
but
fewer
than
fifty
thousand
people
according
to
the
21
most
recent
federal
decennial
census:
22
(a)
A
designee
of
the
candidate
requesting
the
recount,
23
who
shall
be
named
in
the
written
request
when
the
request
is
24
filed.
25
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
26
be
named
by
the
candidate
at
or
before
the
time
the
board
is
27
required
to
convene.
28
(c)
Three
members
who
are
precinct
election
officials
29
selected
by
the
chief
judge
of
the
judicial
district
in
which
30
the
canvass
occurs
at
or
before
the
time
the
board
is
required
31
to
convene.
32
(3)
For
a
county
with
a
population
of
fifty
thousand
people
33
or
greater:
34
(a)
Two
designees
of
the
candidate
requesting
the
recount,
35
-9-
LSB
2089YH
(4)
90
ss/ns
9/
31
H.F.
356
who
shall
be
named
in
the
written
request
when
the
request
is
1
filed.
2
(b)
Two
designees
of
the
apparent
winning
candidate,
who
3
shall
be
named
by
the
candidate
at
or
before
the
time
the
board
4
is
required
to
convene.
5
(c)
Three
members
who
are
precinct
election
officials
6
selected
by
the
chief
judge
of
the
judicial
district
in
which
7
the
canvass
occurs
at
or
before
the
time
the
board
is
required
8
to
convene.
9
b.
Members
appointed
to
the
recount
board
by
the
chief
judge
10
shall
be
selected
consistent
with
section
49.13,
subsection
2,
11
for
partisan
offices
and
section
49.12
for
nonpartisan
offices.
12
c.
The
commissioner
shall
convene
the
persons
designated
13
under
paragraph
“a”
not
later
than
9:00
a.m.
on
the
sixth
14
day
following
the
county
board’s
canvass
of
the
election
in
15
question.
16
4.
When
all
members
of
the
recount
board
have
been
selected,
17
the
board
shall
undertake
and
complete
the
required
recount
as
18
expeditiously
as
reasonably
possible
in
the
following
manner:
19
a.
The
commissioner
shall
inform
the
board
whether
the
20
candidate
has
requested
a
hand
recount.
The
commissioner
21
or
the
commissioner’s
designee
shall
supervise
the
handling
22
of
ballots
to
ensure
that
the
ballots
are
protected
from
23
alteration
or
damage.
24
b.
The
board
shall
direct
the
commissioner
to
retabulate
25
the
ballots
using
the
automatic
tabulating
equipment.
The
same
26
program
used
for
tabulating
the
votes
on
election
day
shall
be
27
used
at
the
recount
unless
the
program
is
believed
or
known
to
28
be
flawed.
29
c.
The
board
shall
recount
only
the
ballots
which
were
voted
30
and
counted
for
the
office
in
question,
including
any
disputed
31
ballots
returned
as
required
in
section
50.5.
32
d.
After
retabulating
the
ballots
as
provided
in
paragraph
33
“b”
,
the
board
shall
compare
the
printed
results
of
the
34
tabulation
equipment
to
the
abstract
prepared
pursuant
to
the
35
-10-
LSB
2089YH
(4)
90
ss/ns
10/
31
H.F.
356
county
board’s
canvass.
The
board
shall
note
any
discrepancies
1
between
the
two
results.
2
e.
If
the
candidate’s
written
request
included
a
request
3
for
a
hand
recount,
the
board
shall
separate
the
ballots
into
4
piles:
one
for
each
candidate,
one
for
write-in
votes,
and
5
one
for
ballots
considered
an
over
or
under
count.
The
board
6
shall
review
and
tabulate
the
ballots
in
each
pile
as
provided
7
in
section
49.98.
The
board
shall
compare
the
hand
recount
8
results
to
the
printed
results
of
the
tabulation
equipment
and
9
the
abstract.
If
there
are
discrepancies
between
the
three
10
results,
then
the
results
of
the
hand
recount
shall
control.
11
f.
The
ballots
shall
be
resealed
by
the
recount
board
before
12
adjournment
and
shall
be
preserved
as
required
by
section
13
50.12.
14
Sec.
15.
Section
50.48,
subsection
5,
Code
2023,
is
amended
15
to
read
as
follows:
16
5.
a.
At
the
conclusion
of
the
recount,
the
recount
board
17
shall
make
and
file
with
the
commissioner
a
written
report
of
18
its
findings
signed
by
a
majority
of
the
recount
board.
The
19
commissioner
or
commissioner’s
designee
may
assist
in
compiling
20
the
written
report.
The
written
report
shall
include
a
full
21
tally
and
accounting
of
ballots
reviewed
by
the
recount
board
22
and
shall
be
reported
as
required
by
sections
50.24
and
53.20.
23
The
written
report
must
allow
the
commissioner
to
correct
the
24
canvass
of
voters
in
the
manner
required
by
law,
if
applicable.
25
b.
If
the
recount
board’s
report
is
that
the
abstracts
26
prepared
pursuant
to
the
county
board’s
canvass
were
incorrect
27
as
to
the
number
of
votes
cast
for
the
candidates
for
the
28
office
or
nomination
in
question,
in
that
county
or
district,
29
the
commissioner
shall
at
once
so
notify
the
county
board.
The
30
county
board
shall
reconvene
within
three
days
after
being
so
31
notified
,
but
no
later
than
noon
on
the
twenty-seventh
day
32
following
the
election
in
question
for
a
recount
of
the
offices
33
of
president
and
vice
president
,
and
shall
correct
its
previous
34
proceedings.
35
-11-
LSB
2089YH
(4)
90
ss/ns
11/
31
H.F.
356
c.
The
recount
board
shall
complete
the
recount
and
file
its
1
report
as
follows:
2
(1)
For
the
offices
of
president
and
vice
president,
not
3
later
than
the
seventeenth
day
following
the
county
board’s
4
canvass
of
the
election
in
question.
5
(2)
For
a
state
office,
including
a
seat
in
the
general
6
assembly,
or
a
seat
in
the
United
States
Congress,
not
later
7
than
the
twenty-first
day
following
the
county
board’s
canvass
8
of
the
election
in
question.
9
(3)
For
any
other
office,
not
later
than
the
thirteenth
10
day
following
the
county
board’s
canvass
of
the
election
in
11
question.
12
Sec.
16.
Section
50.49,
subsection
1,
Code
2023,
is
amended
13
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
14
following:
15
1.
a.
A
recount
for
any
public
measure
shall
be
ordered
16
by
the
board
of
canvassers
if
a
petition
requesting
a
recount
17
is
filed
with
the
county
commissioner
of
a
county
at
which
18
the
question
appeared
on
the
ballot
not
later
than
two
days
19
after
the
completion
of
the
canvass
of
voters
for
the
election.
20
The
petition
for
a
recount
shall
indicate
whether
the
recount
21
shall
be
conducted
only
using
automatic
tabulating
equipment
22
or
by
a
hand
recount
following
the
use
of
automatic
tabulating
23
equipment.
If
a
petition
requests
a
hand
recount
in
one
24
county,
the
petition
shall
also
request
a
hand
recount
in
each
25
county
in
which
the
petition
is
filed.
A
petition
must
be
26
filed
by
the
person
submitting
the
petition
in
each
county
27
in
which
the
public
measure
appeared
on
the
ballot.
If
the
28
petition
is
not
filed
by
the
person
submitting
the
petition
in
29
each
county
in
which
the
public
measure
appeared
on
the
ballot,
30
a
recount
shall
not
be
conducted.
31
b.
The
petition
must
be
signed
by
the
greater
of
ten
32
eligible
electors
or
a
number
of
eligible
electors
equaling
33
one
percent
of
the
total
number
of
votes
cast
upon
the
public
34
measure
in
the
county.
Each
person
signing
the
petition
must
35
-12-
LSB
2089YH
(4)
90
ss/ns
12/
31
H.F.
356
be
a
person
who
was
entitled
to
vote
on
the
public
measure
in
1
question
or
would
have
been
so
entitled
if
registered
to
vote.
2
c.
Immediately
upon
receipt
of
a
petition
for
a
recount,
3
the
commissioner
shall
send
a
copy
of
the
petition
to
the
4
state
commissioner
by
electronic
mail.
The
state
commissioner
5
shall
confirm
that
a
petition
was
filed
in
every
county
the
6
public
measure
appeared
on
the
ballot
prior
to
the
convening
of
7
the
recount
board.
The
state
commissioner
shall
also
verify
8
whether
each
petition
for
a
recount
included
a
request
for
9
a
hand
recount.
If
the
state
commissioner
verifies
that
a
10
petition
included
a
request
for
a
hand
recount
in
at
least
one
11
but
not
all
counties,
the
state
commissioner
shall,
prior
to
12
convening
of
the
recount
board,
inform
each
commissioner
at
13
which
a
hand
recount
was
not
requested
that
a
hand
recount
14
shall
be
performed.
15
Sec.
17.
Section
50.49,
subsection
2,
paragraph
b,
Code
16
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
17
lieu
thereof
the
following:
18
b.
Two
members
who
are
precinct
election
officials
selected
19
by
the
chief
judge
of
the
judicial
district
in
which
the
20
canvass
occurs
at
or
before
the
time
the
board
is
required
to
21
convene.
The
members
shall
be
selected
consistent
with
section
22
49.12.
23
Sec.
18.
Section
50.49,
subsection
2,
paragraph
c,
Code
24
2023,
is
amended
by
striking
the
paragraph.
25
Sec.
19.
Section
50.49,
subsection
3,
Code
2023,
is
amended
26
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
27
following:
28
3.
The
commissioner
shall
convene
the
recount
board
not
29
later
than
9:00
a.m.
on
the
sixth
day
following
the
county
30
board’s
canvass
of
the
election
in
question.
31
Sec.
20.
Section
50.50,
Code
2023,
is
amended
to
read
as
32
follows:
33
50.50
Administrative
recounts
audits
.
34
1.
The
commissioner
who
was
responsible
for
conducting
an
35
-13-
LSB
2089YH
(4)
90
ss/ns
13/
31
H.F.
356
election
may
request
an
administrative
recount
audit
when
the
1
commissioner
is
informed
or
suspects
that
voting
equipment
used
2
in
the
election
malfunctioned
or
that
programming
errors
may
3
have
affected
the
outcome
of
the
election,
or
if
the
precinct
4
election
officials
report
counting
errors
to
the
commissioner
5
after
the
conclusion
of
the
canvass
of
votes
in
the
precinct.
6
An
administrative
recount
audit
shall
be
conducted
by
the
board
7
of
the
special
precinct
established
by
section
53.23
.
Bond
8
shall
not
be
required
for
an
administrative
recount.
The
9
state
commissioner
may
adopt
rules
for
administrative
recounts
10
audits
.
11
2.
If
the
recount
board
finds
that
there
is
an
error
12
in
the
programming
of
any
voting
equipment
which
may
have
13
affected
the
outcome
of
the
election
for
any
office
or
public
14
measure
on
the
ballot,
the
recount
board
shall
describe
the
15
errors
in
its
report
to
the
commissioner.
The
commissioner
16
shall
notify
the
board
of
supervisors.
The
supervisors
shall
17
determine
whether
to
order
an
administrative
recount
for
any
18
or
all
of
the
offices
and
public
measures
on
the
ballot.
Each
19
political
party,
as
defined
in
section
43.2,
may
appoint
up
20
to
five
observers
to
witness
an
audit
conducted
pursuant
to
21
this
section.
The
observers
shall
be
appointed
by
the
county
22
chairperson
or,
if
the
county
chairperson
fails
to
make
an
23
appointment,
by
the
state
chairperson.
However,
if
either
or
24
both
political
parties
fail
to
appoint
an
observer,
the
board
25
may
continue
with
the
proceedings.
26
Sec.
21.
Section
50.51,
subsection
3,
paragraph
a,
Code
27
2023,
is
amended
by
striking
the
paragraph.
28
Sec.
22.
NEW
SECTION
.
53.1B
Definitions.
29
For
purposes
of
this
subchapter,
unless
the
context
30
otherwise
requires:
31
1.
“Affidavit
envelope”
means
an
envelope
that
includes
32
a
serial
number
and
bears
on
the
back
an
affidavit
for
a
33
registered
voter
to
mark
the
registered
voter’s
signature
and
34
voter
verification
number
in
a
form
prescribed
by
the
state
35
-14-
LSB
2089YH
(4)
90
ss/ns
14/
31
H.F.
356
commissioner.
1
2.
“Delivery
envelope”
means
an
envelope
that
bears
on
its
2
face
the
name
and
address
of
the
registered
voter
requesting
an
3
absentee
ballot,
the
words
“county
commissioner
of
elections”,
4
the
address
of
the
commissioner’s
office,
and
the
same
serial
5
number
that
appears
on
the
affidavit
envelope
and
return
6
envelope.
7
3.
“Return
envelope”
means
an
envelope
that
is
addressed
8
to
the
commissioner’s
office,
bears
appropriate
return
postage
9
or
a
postal
permit
guaranteeing
that
the
commissioner
will
pay
10
the
return
postage,
and
includes
the
same
serial
number
as
the
11
affidavit
envelope
and
delivery
envelope.
12
4.
“Secrecy
envelope”
means
an
envelope,
folder,
or
sleeve
13
that
hides
all
voting
ovals
on
a
ballot
when
folded.
14
Sec.
23.
Section
53.8,
subsection
1,
Code
2023,
is
amended
15
to
read
as
follows:
16
1.
a.
Upon
receipt
of
an
application
for
an
absentee
ballot
17
and
immediately
after
the
absentee
ballots
are
printed,
but
not
18
more
than
twenty
days
before
the
election,
the
commissioner
19
shall
mail
an
absentee
ballot
to
the
applicant
within
20
twenty-four
hours,
except
as
otherwise
provided
in
subsection
21
3
.
The
absentee
ballot
shall
be
sent
to
the
registered
voter
22
by
one
of
the
following
methods:
enclosed
in
an
unsealed
23
affidavit
envelope.
The
absentee
ballot
and
affidavit
envelope
24
shall
be
enclosed
in
or
with
an
unsealed
return
envelope.
The
25
absentee
ballot,
affidavit
envelope,
and
return
envelope
shall
26
be
enclosed
in
the
delivery
envelope.
If
the
ballot
cannot
27
be
folded
so
that
all
the
voting
ovals
on
the
ballot
will
be
28
hidden,
the
commissioner
shall
also
enclose
a
secrecy
envelope
29
with
the
absentee
ballot.
30
(1)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
31
envelope
marked
with
a
serial
number
and
affidavit.
The
32
absentee
ballot
and
affidavit
envelope
shall
be
enclosed
in
33
or
with
an
unsealed
return
envelope
marked
postage
paid
which
34
bears
the
same
serial
number
as
the
affidavit
envelope.
The
35
-15-
LSB
2089YH
(4)
90
ss/ns
15/
31
H.F.
356
absentee
ballot,
affidavit
envelope,
and
return
envelope
shall
1
be
enclosed
in
a
third
envelope
to
be
sent
to
the
registered
2
voter.
If
the
ballot
cannot
be
folded
so
that
all
of
the
votes
3
cast
on
the
ballot
will
be
hidden,
the
commissioner
shall
also
4
enclose
a
secrecy
envelope
with
the
absentee
ballot.
5
(2)
The
absentee
ballot
shall
be
enclosed
in
an
unsealed
6
return
envelope
marked
with
a
serial
number
and
affidavit
7
and
marked
postage
paid.
The
absentee
ballot
and
return
8
envelope
shall
be
enclosed
in
a
second
envelope
to
be
sent
9
to
the
registered
voter.
If
the
ballot
cannot
be
folded
so
10
that
all
of
the
votes
cast
on
the
ballot
will
be
hidden,
the
11
commissioner
shall
also
enclose
a
secrecy
envelope
with
the
12
absentee
ballot.
13
b.
The
affidavit
shall
be
marked
on
the
appropriate
envelope
14
in
a
form
prescribed
by
the
state
commissioner
of
elections
15
registered
voter
requesting
and
receiving
an
absentee
ballot
16
shall
subscribe
to
the
affidavit
by
signing
and
marking
the
17
registered
voter’s
voter
verification
number
on
the
affidavit
18
envelope
.
19
c.
All
domestic
return
envelope
flaps
or
backs
shall
also
20
be
printed
or
stamped
with
a
notice
of
the
deadline
to
return
a
21
completed
absentee
ballot
and
the
manner
to
track
the
status
of
22
the
ballot
in
a
form
prescribed
by
the
state
commissioner.
23
c.
d.
For
envelopes
mailed
at
any
election
other
than
the
24
primary
election,
the
commissioner
shall
not
mark
any
envelope
25
with
any
information
related
to
the
party
affiliation
of
the
26
applicant.
27
Sec.
24.
Section
53.10,
subsection
2,
paragraph
a,
Code
28
2023,
is
amended
to
read
as
follows:
29
a.
Each
person
who
wishes
to
vote
by
absentee
ballot
at
30
the
commissioner’s
office
shall
first
sign
an
application
for
31
a
ballot
including
the
following
information:
name,
current
32
address,
voter
verification
number,
and
the
election
for
which
33
the
ballot
is
requested.
The
person
may
report
a
change
of
34
address
or
other
information
on
the
person’s
voter
registration
35
-16-
LSB
2089YH
(4)
90
ss/ns
16/
31
H.F.
356
record
at
that
time.
Prior
to
furnishing
a
ballot,
the
1
commissioner
shall
verify
the
person’s
identity
as
provided
2
in
section
49.78
.
The
registered
voter
shall
immediately
3
mark
the
ballot;
enclose
the
ballot
in
a
secrecy
envelope,
4
if
necessary,
and
seal
it
the
ballot
in
the
envelope
marked
5
with
the
affidavit
envelope
;
subscribe
to
the
affidavit
on
6
the
reverse
side
of
the
envelope
by
signing
and
marking
the
7
registered
voter’s
voter
verification
number
;
and
return
the
8
sealed
affidavit
envelope
containing
the
absentee
ballot
to
9
the
commissioner.
The
commissioner
shall
record
the
numbers
10
appearing
on
the
application
and
affidavit
envelope
along
with
11
the
name
of
the
registered
voter.
12
Sec.
25.
Section
53.12,
Code
2023,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
53.12
Duty
of
commissioner.
15
The
commissioner
shall
affix
to
the
application
the
same
16
serial
number
that
appears
on
the
affidavit
envelope,
return
17
envelope,
and
delivery
envelope.
18
Sec.
26.
Section
53.16,
Code
2023,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
53.16
Subscribing
to
affidavit.
21
After
marking
the
ballot,
the
voter
shall
enclose
the
ballot
22
in
a
secrecy
envelope,
if
necessary,
and
seal
the
ballot
in
23
the
affidavit
envelope;
subscribe
to
the
affidavit
by
signing
24
and
marking
the
registered
voter’s
voter
verification
number;
25
place
the
sealed
affidavit
envelope
in
the
return
envelope;
and
26
securely
seal
the
return
envelope.
27
Sec.
27.
Section
53.17,
subsection
1,
unnumbered
paragraph
28
1,
Code
2023,
is
amended
to
read
as
follows:
29
If
the
commissioner
mailed
the
ballot
pursuant
to
section
30
53.8,
subsection
1
,
paragraph
“a”
,
subparagraph
(1),
the
sealed
31
envelope
bearing
the
voter’s
affidavit
and
containing
the
32
absentee
ballot
shall
be
enclosed
in
a
return
envelope
which
33
shall
be
securely
sealed.
If
the
commissioner
mailed
the
34
ballot
pursuant
to
section
53.8,
subsection
1
,
paragraph
“a”
,
35
-17-
LSB
2089YH
(4)
90
ss/ns
17/
31
H.F.
356
subparagraph
(2),
the
absentee
ballot
shall
be
enclosed
in
the
1
return
envelope
which
shall
be
securely
sealed.
The
sealed
2
return
envelope
shall
be
returned
to
the
commissioner
by
one
of
3
the
following
methods:
4
Sec.
28.
Section
53.18,
subsections
2
and
3,
Code
2023,
are
5
amended
to
read
as
follows:
6
2.
If
the
commissioner
receives
the
return
envelope
7
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
8
Saturday
before
the
election
for
general
elections
and
by
5:00
9
p.m.
on
the
Friday
before
the
election
for
all
other
elections,
10
the
commissioner
shall
review
the
affidavit
marked
on
the
11
return
envelope,
if
applicable,
for
completeness
or
shall
open
12
the
return
envelope
to
review
the
affidavit
for
completeness
13
open
the
return
envelope,
if
applicable,
and
review
the
14
affidavit
marked
on
the
affidavit
envelope
for
completeness
.
15
If
the
affidavit
lacks
the
signature
or
voter
verification
16
number
of
the
registered
voter,
the
commissioner
shall,
within
17
twenty-four
hours
of
the
receipt
of
the
envelope,
notify
the
18
voter
of
the
deficiency
and
inform
the
voter
that
the
voter
may
19
vote
a
replacement
ballot
as
provided
in
subsection
3
,
cast
a
20
ballot
as
provided
in
section
53.19,
subsection
3
,
or
complete
21
the
affidavit
in
person
at
the
office
of
the
commissioner
not
22
later
than
the
time
polls
close
on
election
day.
23
3.
If
the
affidavit
envelope
or
the
return
envelope
marked
24
with
the
affidavit
contains
a
defect
that
would
cause
the
25
absentee
ballot
to
be
rejected
by
the
absentee
and
special
26
voters
precinct
board,
the
commissioner
shall
immediately
27
notify
the
voter
of
that
fact
and
that
the
voter’s
absentee
28
ballot
shall
not
be
counted
unless
the
voter
requests
and
29
returns
a
replacement
ballot
in
the
time
permitted
under
30
section
53.17,
subsection
2
.
For
the
purposes
of
this
section
,
31
a
return
an
affidavit
envelope
marked
with
the
affidavit
32
shall
be
considered
to
contain
a
defect
if
it
appears
to
33
the
commissioner
that
the
signature
on
the
envelope
has
been
34
signed
by
someone
other
than
the
registered
voter,
in
comparing
35
-18-
LSB
2089YH
(4)
90
ss/ns
18/
31
H.F.
356
the
signature
on
the
envelope
to
the
signature
on
record
of
1
the
registered
voter
named
on
the
envelope.
A
signature
or
2
marking
made
in
accordance
with
section
39.3,
subsection
3
17
,
shall
not
be
considered
a
defect
for
purposes
of
this
4
section
the
voter
verification
number
provided
does
not
match
5
the
voter
verification
number
associated
with
the
voter’s
6
voter
registration
.
The
voter
may
request
a
replacement
7
ballot
in
person,
in
writing,
or
over
the
telephone.
The
8
same
serial
number
that
was
assigned
to
the
records
of
the
9
original
absentee
ballot
application
shall
be
used
on
the
10
envelope
envelopes
and
records
of
the
replacement
ballot.
The
11
affidavit
envelope
marked
with
the
affidavit
and
containing
12
the
completed
replacement
ballot
shall
be
marked
“Replacement
13
ballot”.
The
affidavit
envelope
marked
with
the
affidavit
and
14
containing
the
original
ballot
shall
be
marked
“Defective”
and
15
the
“Defective”.
The
replacement
ballot
shall
be
attached
to
16
such
the
affidavit
envelope
containing
the
original
ballot
and
17
shall
be
stored
in
a
secure
place
until
they
are
delivered
to
18
the
absentee
and
special
voters
precinct
board,
notwithstanding
19
sections
53.26
and
53.27
.
20
Sec.
29.
Section
53.20,
subsection
2,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
For
the
primary
election,
general
election
election,
23
and
for
any
election
in
which
the
commissioner
determines
in
24
advance
of
the
election
to
report
the
results
of
the
special
25
precinct
by
the
resident
precincts
of
the
voters
who
cast
26
absentee
and
provisional
ballots,
the
commissioner
shall
27
prepare
a
separate
absentee
ballot
style
for
each
precinct
28
in
the
county
and
shall
program
the
voting
system
to
produce
29
reports
by
the
resident
precincts
of
the
voters.
30
Sec.
30.
Section
53.21,
subsection
2,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
The
voter
shall
enclose
one
copy
of
the
above
statement
33
in
the
return
envelope
along
with
the
affidavit
envelope,
if
34
the
voter
was
mailed
a
separate
affidavit
envelope,
and
shall
35
-19-
LSB
2089YH
(4)
90
ss/ns
19/
31
H.F.
356
retain
a
copy
for
the
voter’s
records.
1
Sec.
31.
Section
53.23,
subsection
3,
paragraph
b,
2
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
3
(1)
The
commissioner
may
direct
the
board
to
meet
on
the
day
4
before
the
election
for
the
purpose
of
reviewing
the
absentee
5
voters’
affidavits
appearing
on
the
sealed
envelopes.
If
in
6
the
commissioner’s
judgment
this
procedure
is
necessary
due
7
to
the
number
of
absentee
ballots
received,
the
members
of
8
the
board
may
open
the
sealed
affidavit
envelopes
and
remove
9
the
secrecy
envelope
containing
the
ballot,
but
under
no
10
circumstances
shall
a
secrecy
envelope
or
a
return
an
affidavit
11
envelope
marked
with
an
affidavit
be
opened
before
the
board
12
convenes
on
election
day,
except
as
provided
in
paragraph
13
“c”
.
If
the
affidavit
envelopes
are
opened
before
election
14
day
pursuant
to
this
paragraph
“b”
,
the
observers
appointed
15
by
each
political
party,
as
defined
in
section
43.2
,
shall
16
witness
the
proceedings.
Each
political
party
may
appoint
up
17
to
five
observers
under
this
paragraph
“b”
.
The
observers
18
shall
be
appointed
by
the
county
chairperson
or,
if
the
19
county
chairperson
fails
to
make
an
appointment,
by
the
state
20
chairperson.
However,
if
either
or
both
political
parties
fail
21
to
appoint
an
observer,
the
commissioner
may
continue
with
the
22
proceedings.
23
Sec.
32.
Section
53.23,
subsection
5,
Code
2023,
is
amended
24
to
read
as
follows:
25
5.
The
special
precinct
election
board
shall
preserve
the
26
secrecy
of
all
absentee
and
provisional
ballots.
After
the
27
affidavits
on
the
affidavit
envelopes
have
been
reviewed
and
28
the
qualifications
of
the
persons
casting
the
ballots
have
been
29
determined,
those
that
have
been
accepted
for
counting
shall
30
be
opened.
The
ballots
shall
be
removed
from
the
affidavit
31
envelopes
or
return
envelopes
marked
with
the
affidavit,
as
32
applicable,
without
being
unfolded
or
examined,
and
then
shall
33
be
thoroughly
intermingled,
after
which
they
shall
be
unfolded
34
and
tabulated.
If
secrecy
folders
or
envelopes
are
used
with
35
-20-
LSB
2089YH
(4)
90
ss/ns
20/
31
H.F.
356
provisional
paper
ballots,
the
ballots
shall
be
removed
from
1
the
secrecy
folders
envelopes
after
the
ballots
have
been
2
intermingled.
3
Sec.
33.
Section
53.25,
subsection
1,
paragraph
a,
Code
4
2023,
is
amended
to
read
as
follows:
5
a.
If
the
absentee
voter’s
affidavit
lacks
the
voter’s
6
signature
or
voter
verification
number
,
if
the
applicant
is
7
not
a
duly
registered
voter
on
election
day
in
the
precinct
8
where
the
absentee
ballot
was
cast,
if
the
affidavit
envelope
9
marked
with
the
affidavit
contains
more
than
one
ballot
of
any
10
one
kind,
or
if
the
voter
has
voted
in
person,
such
vote
shall
11
be
rejected
by
the
absentee
and
special
voters
precinct
board.
12
If
the
affidavit
envelope
or
return
envelope
marked
with
the
13
affidavit
is
open,
or
has
been
opened
and
resealed,
or
if
the
14
ballot
is
not
enclosed
in
such
the
affidavit
envelope,
and
an
15
affidavit
envelope
or
return
envelope
marked
with
the
affidavit
16
with
the
same
serial
number
and
marked
“Replacement
ballot”
is
17
not
attached
as
provided
in
section
53.18
,
the
ballot
shall
be
18
rejected
by
the
absentee
and
special
voters
precinct
board.
19
Sec.
34.
Section
53.25,
subsection
2,
Code
2023,
is
amended
20
to
read
as
follows:
21
2.
If
the
absentee
or
provisional
ballot
is
rejected
prior
22
to
the
opening
of
the
affidavit
envelope
or
return
envelope
23
marked
with
the
affidavit
,
the
voter
casting
the
ballot
shall
24
be
notified
by
a
precinct
election
official
by
the
time
the
25
canvass
is
completed
of
the
reason
for
the
rejection
on
a
form
26
prescribed
by
the
state
commissioner
of
elections.
27
Sec.
35.
Section
53.30,
subsection
2,
Code
2023,
is
amended
28
to
read
as
follows:
29
2.
At
the
conclusion
of
each
meeting
of
the
absentee
and
30
special
voters
precinct
board,
the
board
shall
securely
seal
31
all
ballots
counted
by
them
in
the
manner
prescribed
in
section
32
50.12
.
The
ballot
envelopes,
including
the
affidavit
envelope
33
if
an
affidavit
envelope
was
provided
,
the
return
envelope,
and
34
secrecy
envelope
bearing
the
signatures
of
precinct
election
35
-21-
LSB
2089YH
(4)
90
ss/ns
21/
31
H.F.
356
officials,
as
required
by
section
53.23
,
shall
be
preserved.
1
All
applications
for
absentee
ballots,
ballots
rejected
without
2
being
opened,
absentee
ballot
logs,
and
any
other
documents
3
pertaining
to
the
absentee
ballot
process
shall
be
preserved
4
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
5
section
50.19
.
6
Sec.
36.
Section
53.32,
Code
2023,
is
amended
to
read
as
7
follows:
8
53.32
Ballot
of
deceased
voter.
9
When
it
shall
be
made
to
appear
by
due
proof
to
the
precinct
10
election
officials
that
any
elector,
who
has
so
marked
and
11
forwarded
a
ballot,
has
died
before
the
envelope
marked
with
12
the
affidavit
affidavit
envelope
is
opened,
then
the
ballot
of
13
such
deceased
voter
shall
be
endorsed,
“Rejected
because
voter
14
is
dead”,
and
be
returned
to
the
commissioner.
The
casting
15
of
the
ballot
of
a
deceased
voter
shall
not
invalidate
the
16
election.
17
Sec.
37.
Section
58.4,
subsections
1
and
2,
Code
2023,
are
18
amended
to
read
as
follows:
19
1.
The
names
of
members
of
each
house,
except
the
presiding
20
officer
and
the
majority
and
minority
leaders
,
written
on
21
similar
paper
tickets,
shall
be
placed
in
a
box,
the
names
of
22
the
senators
in
their
presence
by
their
secretary,
and
the
23
names
of
the
representatives
in
their
presence
by
their
clerk.
24
2.
The
secretary
of
the
senate
in
the
presence
of
the
25
senate,
and
the
clerk
of
the
house
of
representatives
in
26
the
presence
of
the
house,
shall
draw
from
their
respective
27
boxes
the
names
of
seven
five
members
each.
The
majority
and
28
minority
leaders
of
each
house
shall
also
serve
on
the
contest
29
court.
30
Sec.
38.
Section
60.2,
Code
2023,
is
amended
to
read
as
31
follows:
32
60.2
Clerk.
33
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
34
the
clerk
of
the
court,
or,
in
the
secretary
of
state’s
clerk
35
-22-
LSB
2089YH
(4)
90
ss/ns
22/
31
H.F.
356
of
the
supreme
court’s
absence
or
inability
to
act,
the
clerk
1
of
the
supreme
court
secretary
of
state
.
2
Sec.
39.
Section
61.2,
Code
2023,
is
amended
to
read
as
3
follows:
4
61.2
Clerk.
5
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
6
the
clerk
of
this
court
;
but
if
the
person
holding
that
office
7
is
a
party
to
the
contest,
the
clerk
of
the
supreme
court,
or,
8
in
case
of
that
person’s
absence
or
inability,
the
auditor
of
9
state
shall
be
clerk
,
or,
in
the
clerk
of
the
supreme
court’s
10
absence
or
inability
to
act,
the
secretary
of
state.
If
the
11
person
holding
the
office
of
secretary
of
state
is
a
party
to
12
the
contest,
the
auditor
of
state
shall
be
clerk
.
13
Sec.
40.
Section
68.9,
subsection
1,
Code
2023,
is
amended
14
to
read
as
follows:
15
1.
When
an
impeachment
is
presented,
the
senate
shall,
after
16
the
hour
of
final
adjournment
of
the
legislature
as
soon
as
17
practicable
,
be
forthwith
organized
as
a
court
of
impeachment
18
for
the
trial
thereof,
at
the
capitol.
19
Sec.
41.
Section
69.14,
Code
2023,
is
amended
to
read
as
20
follows:
21
69.14
Special
election
to
fill
vacancies.
22
1.
A
special
election
to
fill
a
vacancy
shall
be
held
for
a
23
representative
in
Congress,
when
Congress
is
in
session
or
will
24
convene
prior
to
the
next
general
election,
or
for
a
senator
or
25
representative
in
the
general
assembly,
when
the
body
in
which
26
such
vacancy
exists
is
in
session,
or
the
general
assembly
will
27
convene
prior
to
the
next
general
election,
and
the
governor
28
shall
order,
not
later
than
five
days
from
the
date
the
vacancy
29
exists,
a
special
election,
giving
not
less
than
forty
days’
30
notice
of
such
election.
31
2.
In
the
event
the
special
election
is
to
fill
a
vacancy
32
in
the
general
assembly
while
it
is
in
session
or
within
33
forty-five
days
of
the
convening
of
any
session,
the
time
limit
34
provided
in
this
section
shall
not
apply
and
the
governor
shall
35
-23-
LSB
2089YH
(4)
90
ss/ns
23/
31
H.F.
356
order
such
special
election
at
the
earliest
practical
time,
1
giving
at
least
eighteen
days’
notice
of
the
special
election.
2
Any
special
election
called
under
this
section
must
be
held
on
3
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
school
4
election
within
the
district.
5
Sec.
42.
Section
260C.15,
subsection
5,
Code
2023,
is
6
amended
to
read
as
follows:
7
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
8
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
9
section
277.20
.
In
each
county
whose
commissioner
of
elections
10
is
the
controlling
commissioner
for
a
merged
area
under
section
11
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
12
second
Monday
or
Tuesday
after
the
day
of
the
election
to
13
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
14
merged
area,
and
declare
the
results
of
the
voting.
The
15
commissioner
shall
at
once
issue
certificates
of
election
to
16
each
person
declared
elected,
and
shall
certify
to
the
merged
17
area
board
in
substantially
the
manner
prescribed
by
section
18
50.27
the
result
of
the
voting
on
any
public
question
submitted
19
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
20
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
21
of
office
prescribed
in
section
277.28
.
22
Sec.
43.
Section
277.4,
subsection
4,
Code
2023,
is
amended
23
to
read
as
follows:
24
4.
Any
person
on
whose
behalf
nomination
petitions
have
been
25
filed
under
this
section
may
withdraw
as
a
candidate
by
filing
26
a
signed
statement
to
that
effect
with
the
secretary
consistent
27
with
section
44.9
,
subsection
5
.
28
Sec.
44.
EFFECTIVE
DATE.
Except
as
otherwise
provided,
this
29
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
30
enactment.
31
Sec.
45.
EFFECTIVE
DATE.
The
following
take
effect
January
32
1,
2024:
33
The
sections
of
this
Act
amending
or
enacting
sections
of
34
chapter
53.
35
-24-
LSB
2089YH
(4)
90
ss/ns
24/
31
H.F.
356
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
conduct
of
elections.
4
The
bill
provides
that
a
political
party
that
this
5
required
by
statute
to
publish
a
notice
of
a
precinct
caucus
6
in
a
newspaper
of
general
circulation
may,
in
lieu
of
such
7
requirement,
publish
the
notice,
action,
or
other
information
8
in
its
entirety
on
the
political
party’s
internet
site,
if
the
9
political
party
maintains
an
internet
site.
10
The
bill
changes
the
deadline
for
a
person
nominated
to
fill
11
a
ballot
vacancy
to
withdraw
by
filing
a
notice
in
the
office
12
of
the
appropriate
county
commissioner
of
elections
from
64
13
days
before
the
date
of
the
election
to
67
days
before
the
date
14
of
the
election.
15
The
bill
requires
a
person
challenging
the
voter
16
registration
of
another
person
to
post
a
bond,
in
an
amount
17
to
be
determined
by
the
commissioner,
sufficient
to
cover
the
18
costs
of
verifying
the
validity
of
the
challenged
voter’s
19
registration.
If
the
challenged
voter’s
registration
is
20
determined
to
be
invalid,
the
bond
shall
be
returned
to
21
the
challenger.
Otherwise,
the
bill
requires
the
bond
22
to
be
deposited
in
the
election
fund
of
the
county
of
the
23
commissioner
with
whom
the
challenge
was
filed.
24
The
bill
requires
a
notice
for
an
election
to
include
the
25
date
the
election
will
be
audited,
the
location
of
the
audit,
26
and
the
hours
during
which
the
election
will
be
audited.
The
27
bill
also
changes
the
earliest
date
that
notice
of
an
election
28
may
be
published
from
20
to
30
days
before
the
date
of
the
29
election.
30
The
bill
allows
a
county
commissioner
of
elections
to
use
31
an
electronic
election
register
in
lieu
of
a
paper
register
32
if
the
electronic
election
register
is
a
product
that
has
33
been
certified
for
use
in
the
state
by
the
state
commissioner
34
of
elections.
The
bill
directs
the
state
commissioner
of
35
-25-
LSB
2089YH
(4)
90
ss/ns
25/
31
H.F.
356
elections
to
adopt
rules
regarding
electronic
election
1
registers.
2
The
bill
requires
a
precinct
election
official
to
publicly
3
announce
the
results
of
a
canvass
only
upon
the
request
of
4
a
person
at
the
precinct.
Current
law
requires
a
precinct
5
election
official
to
always
publicly
announce
the
results
of
6
a
canvass.
7
The
bill
requires
the
state
commissioner
of
elections,
in
8
cooperation
with
county
commissioners
of
elections,
to
conduct
9
an
unofficial
canvass
of
election
results
following
the
closing
10
of
polls
for
regular
city,
regular
school,
primary,
and
general
11
elections.
Current
law
requires
an
unofficial
canvass
only
12
for
general
elections.
If
a
county
commissioner
of
elections
13
determines
that
all
precincts
will
not
report
results
before
14
the
office
is
closed,
the
bill
requires
the
county
commissioner
15
to
provide
a
written
explanation
as
to
why.
16
The
bill
removes
the
first
Monday
after
an
election
as
a
17
possible
date
for
canvassing
an
election.
18
The
bill
changes
the
deadline
to
request
a
recount
from
5:00
19
p.m.
on
the
third
day
following
the
canvass
of
an
election
20
to
5:00
p.m.
on
the
second
day
following
the
canvass
of
an
21
election.
The
bill
requires
a
recount
request
to
include
all
22
precincts
in
a
county
instead
of
only
specified
counties.
The
23
bill
also
requires
the
request
to
include
whether
the
candidate
24
requests
only
a
machine
recount
or
a
machine
recount
followed
25
by
a
hand
recount.
If
a
candidate
requests
a
hand
recount
26
in
one
county,
the
bill
requires
the
candidate
to
request
a
27
hand
recount
in
all
counties
in
which
the
candidate
requests
28
a
recount.
The
bill
imposes
a
fine
of
$100
for
each
violation
29
on
a
candidate
who
does
not
request
a
hand
recount
in
all
30
counties
in
which
the
candidate
is
required
to
do
so.
The
31
state
commissioner
of
elections
shall
then
inform
each
other
32
county
to
be
recounted
that
a
hand
recount
shall
be
conducted.
33
The
bill
imposes
similar
requirements
on
recounts
for
public
34
measures.
35
-26-
LSB
2089YH
(4)
90
ss/ns
26/
31
H.F.
356
The
bill
requires
the
county
commissioner
of
elections
to
1
notify
the
state
commissioner
of
elections
by
electronic
mail
2
when
a
recount
is
requested.
If
the
apparent
winning
candidate
3
in
an
election
for
which
a
recount
has
been
requested
cannot
be
4
contacted,
the
bill
changes
the
deadline
by
which
the
county
5
commissioner
of
elections
must
contact
the
chairperson
of
the
6
political
party
or
organization
that
nominated
the
apparent
7
winner
from
four
days
after
attempting
to
make
contact
to
three
8
days.
9
The
bill
changes
the
composition
of
recount
boards
based
10
on
the
population
of
the
county.
For
a
county
of
fewer
than
11
15,000
people,
the
board
shall
consist
of
a
designee
of
the
12
candidate
requesting
the
recount,
a
designee
of
the
apparent
13
winning
candidate,
and
a
person
who
is
a
precinct
election
14
official
selected
by
the
chief
judge
of
the
judicial
district
15
in
which
the
canvass
occurs.
For
a
county
with
a
population
16
between
15,000
and
49,999,
the
board
shall
consist
of
a
17
designee
of
the
candidate
requesting
the
recount,
a
designee
18
of
the
apparent
winning
candidate,
and
three
persons
who
are
19
precinct
election
officials
selected
by
the
chief
judge
of
the
20
judicial
district
in
which
the
canvass
occurs.
For
a
county
21
with
a
population
of
50,000
or
greater,
the
board
shall
consist
22
of
two
designees
of
the
candidate
requesting
the
recount,
two
23
designees
of
the
apparent
winning
candidate,
and
three
persons
24
who
are
precinct
election
officials
selected
by
the
chief
judge
25
of
the
judicial
district
in
which
the
canvass
occurs.
Members
26
appointed
by
the
chief
judge
for
the
recount
of
a
partisan
27
election
shall
not
be
comprised
of
more
than
one-third
of
28
persons
who
are
not
members
of
either
of
the
two
political
29
parties
whose
candidates
for
president
received
the
most
or
30
next-most
votes
at
the
last
general
election
for
a
partisan
31
election
and
not
more
than
a
simple
majority
of
members
32
appointed
by
a
chief
judge
shall
be
from
the
same
political
33
party
or
organization.
34
The
bill
makes
a
similar
change
for
recounts
requested
35
-27-
LSB
2089YH
(4)
90
ss/ns
27/
31
H.F.
356
in
a
primary
election
for
an
office
for
which
no
candidate
1
has
received
the
required
35
percent
to
be
nominated.
Under
2
current
law,
the
recount
board
consists
of
one
person
chosen
3
by
the
candidate
requesting
the
recount,
one
person
chosen
by
4
the
candidate
receiving
the
highest
number
of
votes
excluding
5
the
requestor,
and
a
third
person
mutually
agreeable
to
the
6
board
members
designated
by
the
candidates.
The
bill
provides
7
that
the
third
person
is
instead
a
precinct
election
official
8
selected
by
the
chief
judge
of
the
judicial
district
in
which
9
the
canvass
occurs.
10
The
bill
requires
a
recount
board
to
be
convened
no
later
11
than
9:00
a.m.
on
the
sixth
day
following
the
canvass
of
12
the
election.
The
commissioner
shall
then
inform
the
board
13
whether
the
candidate
requested
a
hand
recount.
The
board
14
shall
direct
the
commissioner
to
retabulate
the
ballots
using
15
the
automatic
tabulating
equipment
using
the
same
program
as
16
was
used
to
tabulate
the
votes
on
election
day
unless
the
17
program
is
believed
or
known
to
be
flawed.
The
board
shall
18
recount
only
the
ballots
which
were
voted
and
counted
for
19
the
office
in
question,
including
disputed
ballots.
After
20
retabulating,
the
board
shall
compare
the
results
to
the
21
abstract
prepared
pursuant
to
the
county
board’s
canvass
and
22
note
any
discrepancies.
If
the
candidate
requested
a
hand
23
recount,
the
bill
requires
the
ballots
to
be
separated
into
24
categories
and
tabulated.
The
board
shall
then
compare
the
25
results
of
the
tabulation
to
the
results
of
the
canvass
and
the
26
automatic
recount.
If
there
are
discrepancies,
the
results
of
27
the
hand
recount
shall
control.
The
bill
then
requires
the
28
board
to
reseal
and
preserve
the
ballots.
29
At
the
conclusion
of
the
recount,
the
bill
requires
the
board
30
to
make
and
file
with
the
county
commissioner
of
elections
a
31
report
of
its
findings,
signed
by
a
majority
of
the
board.
32
The
bill
requires
a
recount
board
to
include
in
its
written
33
report
following
the
conclusion
of
a
recount
a
full
tally
34
and
accounting
of
ballots
reviewed
by
the
board.
The
report
35
-28-
LSB
2089YH
(4)
90
ss/ns
28/
31
H.F.
356
must
allow
the
county
commissioner
of
elections
to
correct
the
1
canvass
of
votes
in
the
manner
required
by
law,
if
applicable.
2
The
board
shall
file
its
report
by
17
days
after
the
canvass
of
3
an
election
for
the
offices
of
president
and
vice
president,
4
by
21
days
after
the
canvass
of
an
election
for
a
state
office
5
or
a
seat
in
the
United
States
Congress,
and
by
13
days
after
6
the
canvass
of
any
other
election.
The
bill
also
requires
7
the
county
board
of
elections
to
reconvene
no
later
than
27
8
days
following
a
presidential
election
to
correct
any
errors
9
identified
by
the
recount
board.
10
The
bill
requires
a
petition
for
a
recount
of
an
election
11
for
a
public
measure
to
be
submitted
not
later
than
two
days
12
following
the
canvass
of
the
votes
for
the
measure
rather
13
than
three
days.
The
bill
changes
the
makeup
of
the
recount
14
board
for
a
public
measure
by
removing
a
designee
named
by
the
15
commissioner
and
a
person
jointly
selected
by
that
person
and
16
a
designee
named
in
the
petition
requesting
the
recount
and
17
replacing
them
with
two
election
officials
selected
by
the
18
chief
judge
of
the
judicial
district
where
the
canvass
occurs.
19
The
commissioner
shall
convene
the
recount
board
not
later
than
20
9:00
a.m.
on
the
sixth
day
following
the
county
board’s
canvass
21
of
the
election
in
question.
22
Under
current
law,
a
county
commissioner
of
elections
may
23
conduct
an
administrative
recount
if
the
commissioner
suspects
24
that
voting
equipment
used
in
the
election
malfunctioned
or
25
that
programming
errors
may
have
affected
the
outcome
of
the
26
election,
or
if
the
precinct
election
officials
report
counting
27
errors
to
the
commissioner.
The
bill
allows
the
county
28
commissioner
of
elections
to
conduct
an
administrative
audit
if
29
such
circumstances
exist.
The
bill
allows
political
parties,
30
defined
in
Code,
to
appoint
observers
to
witness
the
audit.
31
The
bill
requires
an
absentee
ballot
that
is
mailed
to
a
32
voter
to
be
enclosed
in
an
unsealed
affidavit
envelope
and
with
33
or
in
an
unsealed
return
envelope,
which
shall
then
be
enclosed
34
in
the
delivery
envelope.
If
the
ballot
cannot
be
folded
so
35
-29-
LSB
2089YH
(4)
90
ss/ns
29/
31
H.F.
356
that
all
the
voting
ovals
on
the
ballot
will
be
hidden,
the
1
bill
requires
the
commissioner
to
also
send
a
secrecy
envelope.
2
The
bill
requires
a
registered
voter
to
subscribe
to
an
3
affidavit
on
an
affidavit
envelope
by
signing
the
envelope
and
4
writing
the
voter’s
voter
verification
number.
The
bill
also
5
requires
return
envelopes
to
have
printed
on
them
the
deadline
6
to
return
the
ballot
and
the
manner
to
track
the
status
of
the
7
ballot.
8
The
bill
strikes
a
requirement
that
an
affidavit
envelope
9
be
considered
to
contain
a
defect
if
it
appears
to
the
county
10
commissioner
of
elections
that
it
was
signed
by
a
person
other
11
than
the
voter.
The
bill
adds
a
requirement
that
an
affidavit
12
envelope
be
considered
to
contain
a
defect
if
the
voter
13
verification
number
on
the
envelope
does
not
match
the
voter
14
verification
number
on
file
for
the
voter.
15
The
bill
requires
the
county
commissioner
of
elections
to
16
prepare
a
separate
absentee
ballot
style
for
each
precinct
in
17
the
county
and
program
the
voting
system
to
produce
reports
by
18
the
resident
precincts
of
the
voters
for
each
primary
election.
19
The
bill
repeals
certain
requirements
regarding
what
20
materials
a
commissioner
shall
include
with
an
absentee
ballot
21
and
instead
requires
a
commissioner
to
put
the
same
serial
22
number
on
the
affidavit,
return,
and
delivery
envelopes.
23
The
bill
requires
all
mailed
absentee
ballots
to
include
an
24
affidavit
envelope.
The
bill
also
requires
the
absentee
and
25
special
voters
precinct
board
to
reject
an
absentee
ballot
26
if
the
affidavit
envelope
does
not
include
the
voter’s
voter
27
verification
number.
28
The
bill
changes
the
makeup
of
the
contest
court
for
a
29
contested
gubernatorial
election
to
include
five
members
each
30
from
the
house
and
the
senate
and
the
majority
and
minority
31
leaders
of
each
chamber.
32
The
bill
requires
the
senate
to
organize
as
a
court
of
33
impeachment
as
soon
as
practicable
after
an
impeachment
is
34
presented.
35
-30-
LSB
2089YH
(4)
90
ss/ns
30/
31
H.F.
356
The
bill
changes
the
clerk
of
a
court
of
contest
for
1
presidential
electors
and
congresspersons
from
the
secretary
2
of
state
to
the
clerk
of
the
supreme
court.
If
the
clerk
of
3
the
supreme
court
is
absent
or
unable
to
act,
the
secretary
of
4
state
shall
be
the
clerk
of
the
court.
For
elections
for
state
5
officers,
the
bill
changes
the
clerk
of
a
contest
court
to
the
6
clerk
of
the
supreme
court.
If
the
clerk
of
the
supreme
court
7
is
absent
or
unable
to
act,
the
secretary
of
state
shall
be
the
8
clerk
of
the
court.
However,
if
the
secretary
of
state
is
a
9
party
to
the
contest,
the
auditor
of
state
shall
be
the
clerk
10
of
the
court.
11
The
bill
updates
an
internal
reference
regarding
withdrawals
12
of
candidates
for
school
district
elections.
13
The
bill
takes
effect
upon
enactment,
except
that
sections
14
amending
Code
chapter
53
(absent
voters)
take
effect
on
January
15
1,
2024.
16
-31-
LSB
2089YH
(4)
90
ss/ns
31/
31
