Bill Text: IA HSB281 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to the conduct of elections, and including effective date and retroactive applicability provisions.

Spectrum: Committee Bill

Status: (Introduced) 2025-03-05 - Subcommittee recommends passage. [HSB281 Detail]

Download: Iowa-2025-HSB281-Introduced.html
House Study Bill 281 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act relating to the conduct of elections, and including 1 effective date and retroactive applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2455YC (6) 91 ss/ns
H.F. _____ DIVISION I 1 CANDIDATE ELIGIBILITY OBJECTIONS 2 Section 1. Section 43.18, subsection 9, Code 2025, is 3 amended to read as follows: 4 9. A For a candidate for an office other than a federal 5 office, a statement that the candidate is aware that the 6 candidate is disqualified from holding office if the candidate 7 has been convicted of a felony or other infamous crime and the 8 candidate’s rights have not been restored by the governor or by 9 the president of the United States. 10 Sec. 2. Section 43.24, subsection 1, Code 2025, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. Objections to the eligibility of a 13 candidate for a federal office shall not be sustained unless 14 the objection is limited to the legal sufficiency of the 15 nomination petition or certificate of nomination, or to the 16 residency, age, or citizenship requirements as described in the 17 Constitution of the United States. 18 Sec. 3. Section 44.3, subsection 2, paragraph i, Code 2025, 19 is amended to read as follows: 20 i. A For a candidate for an office other than a federal 21 office, a statement that the candidate is aware that the 22 candidate is disqualified from holding office if the candidate 23 has been convicted of a felony or other infamous crime and the 24 candidate’s rights have not been restored by the governor or by 25 the president of the United States. 26 Sec. 4. Section 44.6, Code 2025, is amended to read as 27 follows: 28 44.6 Hearing before state commissioner. 29 Objections filed with the state commissioner shall be 30 considered by the secretary of state and auditor of state and 31 attorney general, and a majority decision shall be final. 32 However, if the objection is to the certificate of nomination 33 of one or more of the above named officers, the officer or 34 officers objected to shall not pass upon the objection, but 35 -1- LSB 2455YC (6) 91 ss/ns 1/ 19
H.F. _____ their places shall be filled, respectively, by the treasurer 1 of state, the governor, and the secretary of agriculture. 2 Objections relating to incorrect or incomplete information 3 for information that is required under section 44.3 shall be 4 sustained. Objections to the eligibility of a candidate for 5 a federal office shall not be sustained unless the objection 6 is limited to the legal sufficiency of the nomination petition 7 or certificate of nomination, or to the residency, age, or 8 citizenship requirements as described in the Constitution of 9 the United States. 10 Sec. 5. Section 45.3, subsection 9, Code 2025, is amended 11 to read as follows: 12 9. A For a candidate for an office other than a federal 13 office, a statement that the candidate is aware that the 14 candidate is disqualified from holding office if the candidate 15 has been convicted of a felony or other infamous crime and the 16 candidate’s rights have not been restored by the governor or by 17 the president of the United States. 18 Sec. 6. Section 54.5, Code 2025, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 5. An objection to a nomination made under 21 this section on any grounds other than the legal sufficiency 22 of the certificate of nomination shall not be sustained. The 23 certificate of nomination shall be presumed valid. 24 Sec. 7. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 DIVISION II 27 RANKED CHOICE VOTING 28 Sec. 8. Section 49.93, Code 2025, is amended to read as 29 follows: 30 49.93 Number of votes for each office. 31 1. For an office to which one person is to be elected, a 32 voter shall not vote for more than one candidate. If two or 33 more persons are to be elected to an office, the voter shall 34 vote for no more than the number of persons to be elected. If a 35 -2- LSB 2455YC (6) 91 ss/ns 2/ 19
H.F. _____ person votes for more than the permitted number of candidates, 1 the vote for that office shall not count. Valid votes cast on 2 the rest of the ballot shall be counted. 3 2. a. An election in this state shall not be conducted 4 using ranked choice voting or instant runoff voting. 5 b. For the purposes of this section, “ranked choice voting” 6 or “instant runoff voting” means a method of casting and 7 tabulating votes in which a voter ranks candidates in order of 8 preference, tabulation of ballots proceeds in rounds such that 9 in each round either a candidate is elected or the candidate 10 receiving the fewest votes is defeated, votes are transferred 11 from elected or defeated candidates to a voter’s next-ranked 12 candidate in order of preference, and tabulation ends when a 13 candidate receives the majority of votes cast or the number of 14 candidates elected equals the number of offices to be filled, 15 as applicable. 16 Sec. 9. EFFECTIVE DATE. This division of this Act takes 17 effect January 1, 2026. 18 DIVISION III 19 PERSONS PERMITTED IN VOTING BOOTHS 20 Sec. 10. Section 49.88, subsection 3, Code 2025, is amended 21 to read as follows: 22 3. A person standing for election on the ballot before a 23 voter shall not occupy commits a violation of this section by 24 occupying the voting booth with the voter, including to assist 25 the voter. 26 Sec. 11. Section 49.90, Code 2025, is amended to read as 27 follows: 28 49.90 Assisting voter. 29 1. Any voter who may declare upon oath that the voter is 30 blind, cannot read the English language, or is, by reason of 31 any physical disability other than intoxication, unable to cast 32 a vote without assistance, shall, upon request, be assisted by 33 the two officers as provided in section 49.89 , or alternatively 34 by any other person the voter may select in casting the vote, 35 -3- LSB 2455YC (6) 91 ss/ns 3/ 19
H.F. _____ except that the voter shall not select a person standing for 1 election on the ballot. The officers, or the person selected 2 by the voter, shall cast the vote of the voter requiring 3 assistance, and shall thereafter give no information regarding 4 the vote cast. If any elector because of a disability cannot 5 enter the building where the polling place for the elector’s 6 precinct of residence is located, the two officers shall take 7 a paper ballot to the vehicle occupied by the elector with 8 a disability and allow the elector to cast the ballot in 9 the vehicle. Ballots cast by voters with disabilities shall 10 be deposited in the regular ballot box, or inserted in the 11 tabulating device, and counted in the usual manner. 12 2. A person standing for election on the ballot before a 13 voter commits a violation of section 49.88 by occupying the 14 voting booth with the voter. 15 Sec. 12. EFFECTIVE DATE. This division of this Act takes 16 effect January 1, 2026. 17 DIVISION IV 18 VOTER REGISTRATION DATABASE PILOT PROGRAM 19 Sec. 13. NEW SECTION . 47.7A Statewide voter registration 20 database verification pilot program. 21 1. A statewide voter registration database verification 22 pilot program is established within the office of the state 23 registrar as follows: 24 a. The state registrar shall contract with a third-party 25 vendor to develop or provide a program to allow the state 26 registrar to verify the status of records in the statewide 27 voter registration file and identify ineligible voters on an 28 ongoing basis. 29 b. During the first quarter of the calendar year 2026, 30 the state registrar shall utilize the program developed or 31 provided by the third-party vendor to verify the status of 32 records in the statewide voter registration file. The state 33 registrar shall forward the results of the analysis to each 34 county commissioner of registration prior to the date reports 35 -4- LSB 2455YC (6) 91 ss/ns 4/ 19
H.F. _____ are required to be submitted pursuant to section 48A.40. 1 c. The state registrar shall evaluate the efficacy and 2 cost of the pilot program as compared to the current method 3 of verifying the list of voters in the statewide voter 4 registration file. 5 2. This section is repealed December 31, 2028. 6 DIVISION V 7 COUNTY HOSPITAL BOARD OF TRUSTEES 8 Sec. 14. Section 347.9, subsection 3, Code 2025, is amended 9 by striking the subsection. 10 Sec. 15. RETROACTIVE APPLICABILITY. This division of 11 this Act applies retroactively to persons elected to a county 12 hospital board of trustees on or after January 1, 2024. 13 DIVISION VI 14 POLITICAL PARTY —— DEFINITION 15 Sec. 16. Section 43.2, subsection 1, paragraph b, Code 2025, 16 is amended to read as follows: 17 b. “Political party” shall mean a party which, at the 18 last preceding general election, cast for its candidate for 19 president of the United States or for governor, as the case may 20 be, at least two ten percent of the total vote cast for all 21 candidates for that office at that election. It shall be the 22 responsibility of the state commissioner to determine whether 23 any organization claiming to be a political party qualifies as 24 such under this paragraph. 25 Sec. 17. Section 43.63, subsection 1, Code 2025, is amended 26 to read as follows: 27 1. Upon receipt of the abstracts of votes from the counties, 28 the secretary of state shall immediately open the envelopes 29 and canvass the results for all offices. The secretary of 30 state shall invite to attend the canvass one representative 31 from each political party which, at the last preceding general 32 election, cast for its candidate for president of the United 33 States or for governor, as the case may be, at least two ten 34 percent of the total vote cast for all candidates for that 35 -5- LSB 2455YC (6) 91 ss/ns 5/ 19
H.F. _____ office at that election, as determined by the secretary of 1 state. The secretary of state shall notify the chairperson 2 of each political party of the time of the canvass. However, 3 the presence of a representative from a political party is not 4 necessary for the canvass to proceed. 5 Sec. 18. Section 50.36, subsection 2, Code 2025, is amended 6 to read as follows: 7 2. The secretary of state shall invite to attend the canvass 8 one representative from each political party which, at the 9 last preceding general election, cast for its candidate for 10 president of the United States or for governor, as the case may 11 be, at least two ten percent of the total vote cast for all 12 candidates for that office at that election, as determined by 13 the secretary of state. The secretary of state shall notify 14 the chairperson of each political party of the time of the 15 canvass. However, the presence of a representative from a 16 political party is not necessary for the canvass to proceed. 17 Sec. 19. Section 68B.2, subsection 13, paragraph b, 18 subparagraph (1), Code 2025, is amended to read as follows: 19 (1) Officials and employees of a political party organized 20 in the state of Iowa representing more than two ten percent of 21 the total votes cast for governor in the last preceding general 22 election, but only when representing the political party in an 23 official capacity. 24 DIVISION VII 25 NOMINATION FILING DEADLINES 26 Sec. 20. Section 44.4, subsection 1, Code 2025, is amended 27 to read as follows: 28 1. a. Nominations made pursuant to this chapter and 29 chapter 45 which are required to be filed in the office of the 30 state commissioner shall be filed in that office not more than 31 ninety-nine days nor later than 5:00 p.m. on the eighty-first 32 day before the first Tuesday after the first Monday in June 33 in each even-numbered year. Nominations made for a special 34 election called pursuant to section 69.14 shall be filed by 35 -6- LSB 2455YC (6) 91 ss/ns 6/ 19
H.F. _____ 5:00 p.m. not less than twenty-five days before the date of an 1 election called upon at least forty days’ notice and not less 2 than fourteen days before the date of an election called upon 3 at least eighteen days’ notice. Nominations made for a special 4 election called pursuant to section 69.14A shall be filed by 5 5:00 p.m. not less than twenty-five days before the date of 6 the election. Nominations made pursuant to this chapter and 7 chapter 45 which are required to be filed in the office of 8 the commissioner shall be filed in that office not more than 9 ninety-two days nor later than 5:00 p.m. on the seventy-fourth 10 day before the first Tuesday after the first Monday in June 11 in each even-numbered year. Nominations made pursuant to 12 this chapter or chapter 45 for city office shall be filed not 13 more than seventy-two days nor later than 5:00 p.m. on the 14 forty-seventh day before the city election with the county 15 commissioner of elections responsible under section 47.2 for 16 conducting elections held for the city, who shall process them 17 as provided by law. 18 b. Notwithstanding paragraph “a” , nominations for president 19 and vice president of the United States shall be filed in the 20 office of the state commissioner not more than ninety-nine days 21 nor later than 5:00 p.m. on the eighty-first day before the 22 date of the general election to be held in November. 23 Sec. 21. Section 44.4, subsection 2, paragraph a, 24 subparagraphs (1) and (2), Code 2025, are amended to read as 25 follows: 26 (1) Those filed with the state commissioner, not less later 27 than seventy-four seven days before after the first Tuesday 28 after the first Monday in June in each even-numbered year , 29 or for certificates of nomination filed under subsection 1 , 30 paragraph “b” , not less than seventy-four days before the date 31 of the election . 32 (2) Those filed with the commissioner, not less later than 33 sixty-seven seven days before after the first Tuesday after 34 the first Monday in June in each even-numbered year, except as 35 -7- LSB 2455YC (6) 91 ss/ns 7/ 19
H.F. _____ provided in subparagraph (3). 1 Sec. 22. Section 44.9, subsection 1, Code 2025, is amended 2 to read as follows: 3 1. In the office of the state commissioner, at least 4 eighty-one days before the date of the election , or for 5 withdrawals of nominations filed under section 44.4, subsection 6 1 , paragraph “b” , at least seventy-six days before the date of 7 election . 8 Sec. 23. Section 44.11, Code 2025, is amended to read as 9 follows: 10 44.11 Vacancies filled. 11 If a candidate named under this chapter withdraws or dies 12 before the deadline established in section 44.9 , declines 13 a nomination, or if a certificate of nomination is held 14 insufficient or inoperative by the officer with whom it 15 is required to be filed, or in case any objection made to 16 a certificate of nomination, or to the eligibility of any 17 candidate named in the certificate, is sustained by the board 18 appointed to determine such questions, the vacancy or vacancies 19 may be filled by the convention, or caucus, or in such manner 20 as such convention or caucus has previously provided. The 21 vacancy or vacancies shall be filled not less than seventy-six 22 days before the election in the case of nominations required 23 to be filed with the state commissioner or not less than 24 seventy-one days for nominations filed under section 44.4, 25 subsection 1 , paragraph “b” , not less than sixty-nine days 26 before the election in the case of nominations required to 27 be filed with the commissioner, not less than forty-two days 28 before the election in the case of nominations required to be 29 filed in the office of the school board secretary, and not 30 less than forty-two days before the election in the case of 31 nominations required to be filed with the commissioner for city 32 elections. 33 DIVISION VIII 34 AFFIDAVITS OF CANDIDACY 35 -8- LSB 2455YC (6) 91 ss/ns 8/ 19
H.F. _____ Sec. 24. Section 43.18, Code 2025, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 10. A statement that the candidate is aware 3 that by filing this affidavit, the candidate is ineligible to 4 appear on the same ballot for the same office other than as a 5 candidate for the political party indicated on the affidavit. 6 Sec. 25. Section 43.67, subsection 2, Code 2025, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . j. A statement that the candidate is aware 9 that by filing this affidavit, the candidate is ineligible to 10 appear on the same ballot for the same office other than as a 11 candidate for the political party indicated on the affidavit. 12 Sec. 26. Section 44.3, subsection 2, Code 2025, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . j. A statement that the candidate is aware 15 that by filing this affidavit, the candidate is ineligible to 16 appear on the same ballot for the same office other than as a 17 candidate for the nonparty political organization indicated on 18 the affidavit. 19 Sec. 27. Section 45.3, Code 2025, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 10. A statement that the candidate is aware 22 that by filing this affidavit, the candidate is ineligible to 23 appear on the same ballot for the same office other than as a 24 candidate nominated by petition. 25 DIVISION IX 26 VOTER REGISTRATION 27 Sec. 28. Section 47.7, subsection 2, Code 2025, is amended 28 to read as follows: 29 2. a. On or before January 1, 2006, the The state registrar 30 of voters shall implement in a uniform and nondiscriminatory 31 manner, a single, uniform, official, centralized, interactive 32 computerized statewide voter registration file defined, 33 maintained, and administered at the state level that contains 34 the name and registration information of every legally 35 -9- LSB 2455YC (6) 91 ss/ns 9/ 19
H.F. _____ registered voter in the state and assigns a unique identifier 1 to each legally registered voter in the state. The state voter 2 registration system shall be coordinated with other agency 3 databases within the state, including , but not limited to , 4 state department of transportation driver’s license records, 5 judicial records of convicted felons and persons declared 6 incompetent to vote, and department of health and human 7 services records of deceased persons. 8 b. On or after January 1, 2007, a A county shall not 9 establish or maintain a voter registration system separate 10 from the state voter registration system. Each county shall 11 provide to the state registrar the names, voter registration 12 information, and voting history of each registered voter in the 13 county in the form required by the state registrar. 14 c. A state or local election official may obtain immediate 15 electronic access to the information contained in the 16 computerized voter registration file. All voter registration 17 information obtained by a local election official shall be 18 electronically entered into the computerized voter registration 19 file on an expedited basis at the time the information is 20 provided to the local election official. The state registrar 21 shall provide such support as may be required to enable local 22 election officials to electronically enter the information into 23 the computerized voter registration file on an expedited basis. 24 The list generated from the computerized file shall serve as 25 the official voter registration list for the conduct of all 26 elections for federal office in the state. 27 d. The state registrar shall prescribe by rule the 28 procedures for access to the state voter registration file, 29 including all of the following: 30 (1) Access protocols for adding, changing, or deleting 31 information from the state voter registration file. 32 (2) Training requirements for all state voter registration 33 file users. 34 (3) Technology safeguards, including county information 35 -10- LSB 2455YC (6) 91 ss/ns 10/ 19
H.F. _____ technology network requirements, necessary to access the state 1 voter registration file. 2 (4) Breach incident response requirements and protocols on 3 all matters related to elections. 4 e. The state registrar may rescind access to the statewide 5 voter registration file from a user who is not in compliance 6 with the prescribed rules. 7 f. (1) The state registrar shall, in the first quarter 8 of each calendar year, conduct a verification of all voters 9 in the statewide voter registration file, which shall 10 include cross-referencing the records in the statewide voter 11 registration file with similar records maintained by other 12 states. The state registrar of voters shall cancel the 13 registration of a voter found to be ineligible pursuant to 14 section 48A.30 . The state registrar shall submit a report 15 to the general assembly by April 30 of each year regarding 16 the number of voter registrations canceled pursuant to this 17 paragraph. The state registrar shall also publish this report 18 on the internet site of the state registrar. 19 (2) g. The state registrar may contract with a third-party 20 vendor , including state and federal government agencies and 21 private entities, to develop or provide a program to allow 22 the state registrar to verify the status of records in the 23 statewide voter registration file and identify ineligible 24 voters on an ongoing basis. 25 h. The state registrar may adopt rules pursuant to chapter 26 17A for the use of federal and other state agency sources of 27 information. The state registrar and county commissioners 28 of elections may use those sources of information for voter 29 registration file maintenance. 30 i. The department of transportation shall transmit to the 31 state registrar a list of each person seventeen years of age or 32 older in the state who has submitted documentation indicating 33 that the person is not a citizen of the United States. 34 Sec. 29. Section 48A.10A, subsections 1 and 2, Code 2025, 35 -11- LSB 2455YC (6) 91 ss/ns 11/ 19
H.F. _____ are amended to read as follows: 1 1. The state registrar shall compare lists of persons who 2 are registered to vote with the department of transportation’s 3 driver’s license and files, nonoperator’s identification 4 card files , and noncitizen identification files, and shall, 5 on an initial basis, issue a voter identification card to 6 each active, registered voter whose name does not appear 7 in the department of transportation’s files. The voter 8 identification card shall include the name of the registered 9 voter, a signature line above which the registered voter shall 10 sign the voter identification card, the registered voter’s 11 identification number assigned to the voter pursuant to 12 section 47.7, subsection 2 , an additional four-digit personal 13 identification number assigned by the state commissioner, and 14 the times during which polling places will be open on election 15 days. 16 2. The commissioner shall issue voter identification cards 17 on an ongoing basis as prescribed by the state registrar. The 18 commissioner shall, as a part of the voter acknowledgment 19 process required under sections 48A.26 and 48A.26A , issue 20 a voter identification card to a registered voter under 21 this subsection at the time of registration or update to 22 registration if the registered voter’s name does not appear 23 in the department of transportation’s driver’s license , or 24 nonoperator’s identification card , or noncitizen identification 25 files. A registered voter whose name appears in the department 26 of transportation’s driver’s license , or nonoperator’s 27 identification card , or noncitizen identification files shall 28 not be issued a voter identification card pursuant to this 29 section . 30 Sec. 30. Section 48A.25A, Code 2025, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 2A. A voter registration record shall be 33 designated as unconfirmed status if the registrant self-reports 34 to be a noncitizen on the voter registration form and signs 35 -12- LSB 2455YC (6) 91 ss/ns 12/ 19
H.F. _____ the portion of the form affirming the person’s United States 1 citizenship. 2 Sec. 31. Section 48A.30, subsection 1, Code 2025, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . h. The registered voter submits 5 documentation that indicates that the registered voter is not a 6 citizen of the United States or reports to a state or federal 7 agency that the registered voter is not a citizen of the United 8 States. 9 Sec. 32. Section 48A.30, subsection 2, Code 2025, is amended 10 to read as follows: 11 2. When a registration is canceled pursuant to subsection 1 , 12 paragraph “d” , “e” , or “g” , or “h” , the commissioner shall send 13 a notice of the cancellation to the registered voter. 14 Sec. 33. Section 48A.37, subsection 2, Code 2025, is amended 15 to read as follows: 16 2. Electronic records shall include a status code 17 designating whether the records are active, inactive, 18 incomplete, pending, unconfirmed, or canceled. 19 a. Inactive records are records of registered voters to 20 whom notices have been sent pursuant to section 48A.28 , and 21 who have not returned the card or otherwise responded to 22 the notice, and those records have been designated inactive 23 pursuant to section 48A.29 . Inactive records are also records 24 of registered voters to whom notices have been sent pursuant 25 to section 48A.26A and who have not responded to the notice. 26 Incomplete records are records missing required information 27 pursuant to section 48A.11, subsection 8 . Pending records 28 are records of applicants whose applications have not been 29 verified pursuant to section 48A.25A . Unconfirmed records are 30 records of registered voters about whom the state registrar or 31 county commissioner has received information from a reliable 32 source indicating that the registered voter is not qualified. 33 Canceled records are records that have been canceled pursuant 34 to section 48A.30 . All other records are active records. 35 -13- LSB 2455YC (6) 91 ss/ns 13/ 19
H.F. _____ b. An inactive record shall be made active when the 1 registered voter requests an absentee ballot, votes at an 2 election, registers again, or reports a change of name, 3 address, telephone number, or political party or organization 4 affiliation. An incomplete record shall be made active when 5 a completed application is received from the applicant and 6 verified pursuant to section 48A.25A . A pending record shall 7 be made active upon verification or upon the voter providing 8 identification pursuant to section 48A.8 . An unconfirmed 9 record shall be made active upon the registered voter providing 10 evidence that the registered voter is qualified. 11 Sec. 34. Section 49.77, subsection 1, paragraph a, Code 12 2025, is amended to read as follows: 13 a. Any person desiring to vote shall sign a voter’s 14 declaration provided by the officials, in substantially the 15 following form: 16 VOTER’S DECLARATION 17 OF ELIGIBILITY 18 I do solemnly swear or affirm that I am a resident of the .... 19 precinct, .... ward or township, city of ........ , county of 20 ........ , Iowa. I am a citizen of the United States. 21 I am a registered voter. I was born on the .... day of .... 22 (month) .... (year). I have not voted and will not 23 vote in any other precinct in said election. 24 I understand that any false statement in this declaration is 25 a criminal offense punishable as provided by law. 26 ................................ 27 Signature of Voter 28 ................................ 29 Address 30 ................................ 31 Telephone (optional) 32 Approved: 33 ............................................ 34 Board Member 35 -14- LSB 2455YC (6) 91 ss/ns 14/ 19
H.F. _____ Sec. 35. Section 49.80, subsection 2, paragraph a, Code 1 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (5) The person’s citizenship status. 3 Sec. 36. Section 50.22, subsection 2, Code 2025, is amended 4 to read as follows: 5 2. The decision to count or reject each ballot shall be 6 made upon the basis of the information given on the envelope 7 containing the provisional ballot, the evidence concerning 8 the challenge, the registration and the returned receipts of 9 registration. Ballots submitted to the board pursuant to 10 section 49.78 or 49.81 that are not cured by the deadline 11 provided in section 49.81, subsection 6, shall be rejected. 12 DIVISION X 13 ELECTION MISCONDUCT 14 Sec. 37. Section 39A.7, Code 2025, is amended to read as 15 follows: 16 39A.7 Election misconduct —— investigation. 17 1. The attorney general county sheriff, or other law 18 enforcement agency with jurisdiction, shall investigate 19 allegations of election misconduct reported to the attorney 20 general. Election misconduct by an election official shall 21 also be investigated for prosecution under chapter 721 . 22 2. Upon the completion of an investigation required by 23 this section , the attorney general county sheriff, or other 24 law enforcement agency with jurisdiction, shall submit the 25 results of the investigation , including the report from the 26 law enforcement agency, to the attorney general and the state 27 commissioner , and the attorney general shall explain whether 28 the attorney general will pursue charges. Any information that 29 is requested by or in the possession of the state commissioner 30 pursuant to this chapter remains a confidential record pursuant 31 to section 22.7, subsection 5. 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. 35 -15- LSB 2455YC (6) 91 ss/ns 15/ 19
H.F. _____ This bill relates to the conduct of elections. The bill is 1 organized in divisions. 2 DIVISION I —— CANDIDATE ELIGIBILITY OBJECTIONS. This 3 division relates to the nomination of candidates for federal 4 office. The bill exempts candidates for federal office from 5 the requirement that a candidate sign a statement that the 6 candidate is aware that the candidate is disqualified from 7 holding office if the candidate has been convicted of a felony 8 or other infamous crime and the candidate’s rights have not 9 been restored by the governor or by the president of the United 10 States. The bill limits objections to the eligibility of a 11 candidate for a federal office that may be filed with the 12 state commissioner of elections to objections to the legal 13 sufficiency of the nomination petition or certificate of 14 election, or to the residency, age, or citizenship requirements 15 as described in the United States Constitution. With 16 respect to nominations for president or vice president of the 17 United States, the bill allows objections only to the legal 18 sufficiency of the certificate of nomination. The certificate 19 of nomination shall be presumed valid. 20 This division of the bill takes effect upon enactment. 21 DIVISION II —— RANKED CHOICE VOTING. This division relates 22 to the use of ranked choice and instant runoff voting for 23 elections in this state. The bill prohibits ranked choice and 24 instant runoff voting, defined in the bill as a system in which 25 voters rank multiple candidates for a single office in order of 26 preference and candidates are eliminated and votes transferred 27 between candidates in a series of rounds, from being used to 28 cast or tabulate ballots in any election in this state. 29 This division of the bill takes effect January 1, 2026. 30 DIVISION III —— PERSONS PERMITTED IN VOTING BOOTHS. 31 This division amends the subsection of Code section 49.88 32 (limitation on persons in booth and time for voting) 33 prohibiting a person standing for election on the ballot before 34 a voter from occupying the voting booth with the voter and 35 -16- LSB 2455YC (6) 91 ss/ns 16/ 19
H.F. _____ Code section 49.90 (assisting voter) to say that the candidate 1 violates Code section 49.88 by occupying the voting booth with 2 the voter. 3 This division of the bill takes effect January 1, 2026. 4 DIVISION IV —— VOTER REGISTRATION DATABASE PILOT PROGRAM. 5 This division requires the state registrar of voters to 6 contract with a third-party vendor to develop or provide a 7 program to allow the state registrar to verify the status of 8 records in the statewide voter registration file and identify 9 ineligible voters on an ongoing basis. During the first 10 quarter of 2026, the bill requires the state registrar of 11 voters to utilize the program developed or provided by the 12 third-party vendor to verify the status of records in the 13 statewide voter registration file. The state registrar shall 14 forward the results of the analysis to each county commissioner 15 of registration prior to the date that county commissioners 16 of registration are required to submit voter list maintenance 17 reports. The bill requires the state registrar of voters to 18 evaluate the efficacy and cost of the pilot program as compared 19 to the current method of maintaining the statewide voter 20 registration database. The pilot program is repealed effective 21 December 31, 2028. 22 DIVISION V —— COUNTY HOSPITAL BOARD OF TRUSTEES. This 23 division strikes a provision setting the term length for 24 persons elected to a county hospital board of trustees in a 25 county with a population of at least 400,000 to six years, 26 returning the term length to four years. 27 This division of the bill applies retroactively to persons 28 elected to a county hospital board of trustees on or after 29 January 1, 2024. 30 DIVISION VI —— POLITICAL PARTY —— DEFINITION. Under current 31 law, the definition of “political party” is a party which, at 32 the last preceding general election, cast for its candidate 33 for president of the United States or for governor, as the 34 case may be, at least 2 percent of the total vote cast for all 35 -17- LSB 2455YC (6) 91 ss/ns 17/ 19
H.F. _____ candidates for that office at that election. This division 1 increases the threshold to at least 10 percent of the total 2 vote cast. 3 DIVISION VII —— NOMINATION FILING DEADLINES. This division 4 changes the filing deadline for candidates nominated by 5 petition or by a nonparty political organization for election 6 at a general election to 5:00 p.m. on the first Tuesday after 7 the first Monday in June, the same day on which political 8 parties are required to hold a primary election. 9 DIVISION VIII—— AFFIDAVITS OF CANDIDACY. This division 10 requires that affidavits of candidacy include a statement that 11 the candidate is aware that, by filing the affidavit, the 12 candidate is ineligible to appear on the same ballot for the 13 same office through nomination by another method. 14 DIVISION IX —— VOTER REGISTRATION. This division relates 15 to voter registration file maintenance and the verification 16 of the eligibility of registered voters. The bill specifies 17 that the state registrar of voters may contract with federal 18 and state agencies and private entities for voter registration 19 verification purposes and allows the state registrar to 20 adopt rules regarding the use of federal and state sources of 21 information for voter registration file maintenance. 22 The bill requires the department of transportation to share 23 with the state registrar of voters a list of each person who 24 has submitted documentation indicating that the person is 25 not a citizen of the United States and requires the state 26 registrar of voters to compare the list of registered voters 27 with the noncitizen identification information maintained by 28 the department of transportation. 29 The bill requires a voter registration to be marked as 30 “unconfirmed” if a registrant marks on the voter registration 31 form that the registrant is a noncitizen and also signs 32 the portion of the form affirming that the registrant is a 33 citizen of the United States or if the state registrar of 34 voters or county commissioner of elections receives reliable 35 -18- LSB 2455YC (6) 91 ss/ns 18/ 19
H.F. _____ information that the registered voter is not a citizen of the 1 United States. The bill requires a voter registration to be 2 changed from unconfirmed to active if the registered voter 3 provides evidence that the registered voter is qualified to 4 vote. The bill adds a statement regarding citizenship status 5 to the declaration of eligibility signed by each voter prior 6 to receiving a ballot. 7 The bill also requires a voter registration to be canceled 8 if the registered voter submits documentation that indicates 9 that the registered voter is not a citizen of the United States 10 or reports to a state or federal agency that the registered 11 voter is not a citizen of the United States. The bill allows 12 a precinct election official to question a person about the 13 person’s citizenship status if the right of the person to vote 14 is challenged at the time the person is offering to vote. 15 The bill requires the special precinct election board to 16 reject provisional ballots that have not been cured by the 17 statutory deadline. 18 DIVISION X —— ELECTION MISCONDUCT. This division assigns 19 responsibility for investigating election misconduct reported 20 to the attorney general to the county sheriff or other law 21 enforcement agency with jurisdiction. Upon completion of the 22 investigation, the bill requires the law enforcement agency 23 to report the results of the investigation to the attorney 24 general, in addition to the state commissioner of elections as 25 required under current law. Information in the possession of 26 or requested by the state commissioner of elections as part of 27 an investigation remains a confidential record. 28 -19- LSB 2455YC (6) 91 ss/ns 19/ 19
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