Bill Text: IA SF342 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of elections, including the casting of provisional ballots by persons registering to vote on election day or when casting an in-person absentee ballot, and the use of automatic tabulating equipment and optical scan voting systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-27 - Subcommittee recommends passage. []. [SF342 Detail]
Download: Iowa-2023-SF342-Introduced.html
Senate
File
342
-
Introduced
SENATE
FILE
342
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
the
1
casting
of
provisional
ballots
by
persons
registering
to
2
vote
on
election
day
or
when
casting
an
in-person
absentee
3
ballot,
and
the
use
of
automatic
tabulating
equipment
and
4
optical
scan
voting
systems.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
48A.7A,
subsection
5,
Code
2023,
is
1
amended
to
read
as
follows:
2
5.
a.
If
a
person
registers
to
vote
under
this
section
at
3
a
polling
place
that
has
access
to
an
electronic
poll
book,
4
the
precinct
election
official
shall
verify
against
a
database
5
maintained
by
the
state
commissioner
that
the
person
has
not
6
been
convicted
of
a
felony
or,
if
the
person
has
been
convicted
7
of
a
felony,
the
person
has
had
the
person’s
voting
rights
8
restored.
If
the
precinct
election
official
determines
that
9
the
person
has
not
been
convicted
of
a
felony
or
has
been
10
convicted
of
a
felony
but
the
person’s
voting
rights
have
been
11
restored,
the
precinct
election
official
shall
furnish
a
ballot
12
to
the
voter.
If
the
database
indicates
that
the
person
has
13
been
convicted
of
a
felony
and
that
the
person’s
voting
rights
14
have
not
been
restored,
the
precinct
election
official
shall
15
challenge
the
person
under
section
49.79
.
16
b.
If
a
A
person
who
registers
to
vote
under
this
section
17
at
a
polling
place
that
does
not
have
access
to
an
electronic
18
poll
book,
the
person
shall
be
permitted
to
cast
a
provisional
19
ballot
under
section
49.81
,
and
the
absentee
and
special
voters
20
precinct
board,
appointed
pursuant
to
section
53.23
,
shall
21
verify
against
a
database
maintained
by
the
state
commissioner
22
that
the
person
has
not
been
convicted
of
a
felony
or,
if
the
23
person
has
been
convicted
of
a
felony,
the
person’s
voting
24
rights
have
been
restored.
If
information
in
the
database
25
indicates
that
the
person
has
not
been
convicted
of
a
felony
26
or,
if
the
person
has
been
convicted
of
a
felony,
the
person’s
27
voting
rights
have
been
restored,
the
voter’s
provisional
28
ballot
shall
be
counted.
If
the
database
indicates
that
the
29
person
has
been
convicted
of
a
felony
and
the
person’s
voting
30
rights
have
not
been
restored,
the
voter’s
provisional
ballot
31
shall
be
rejected.
32
Sec.
2.
Section
49.26,
subsection
2,
Code
2023,
is
amended
33
to
read
as
follows:
34
2.
a.
The
commissioner
shall
determine
in
advance
of
each
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342
election
conducted
for
a
city
of
three
thousand
five
hundred
or
1
less
population
or
for
any
school
district
whether
the
ballots
2
will
be
counted
by
automatic
tabulating
equipment
or
by
the
3
precinct
election
officials.
In
making
such
a
determination,
4
the
commissioner
shall
consider
voter
turnout
for
recent
5
similar
elections
and
factors
considered
likely
to
affect
voter
6
turnout
for
the
forthcoming
election.
7
b.
If
the
commissioner
concludes,
pursuant
to
paragraph
“a”
,
8
that
voting
will
probably
be
so
light
as
to
make
counting
of
9
ballots
by
the
precinct
election
officials
less
expensive
than
10
preparation
and
use
of
automatic
tabulating
equipment,
paper
11
ballots
may
be
used,
subject
to
paragraph
“c”
.
If
paper
ballots
12
are
used,
the
commissioner
shall
use
ballots
and
instructions
13
similar
to
those
used
when
the
ballots
are
counted
by
automatic
14
tabulating
equipment.
15
c.
Notwithstanding
a
determination
by
the
commissioner
16
pursuant
to
paragraph
“b”
,
upon
receipt
of
a
petition
signed
by
17
not
less
than
one
hundred
eligible
electors,
the
commissioner
18
shall
count
the
ballots
at
an
election
described
in
paragraph
19
“a”
using
automatic
tabulating
equipment.
A
petition
filed
20
under
this
paragraph
must
be
received
by
the
commissioner
21
not
later
than
5:00
p.m.
on
the
forty-second
day
before
the
22
election.
23
Sec.
3.
Section
52.1,
subsection
1,
Code
2023,
is
amended
24
to
read
as
follows:
25
1.
At
all
elections
conducted
under
chapter
49
,
and
at
26
any
other
election
unless
the
commissioner
directs
otherwise
27
pursuant
to
section
49.26
,
votes
shall
may
be
cast,
registered,
28
recorded,
and
counted
by
means
of
optical
scan
voting
systems,
29
in
accordance
with
this
chapter
.
30
Sec.
4.
Section
52.2,
Code
2023,
is
amended
to
read
as
31
follows:
32
52.2
Optical
scan
voting
system
required
allowed
.
33
Notwithstanding
any
provision
to
the
contrary,
for
elections
34
held
on
or
after
November
4,
2008
July
1,
2023
,
a
county
shall
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may
use
an
optical
scan
voting
system
only
.
The
requirements
1
of
the
federal
Help
America
Vote
Act,
Pub.
L.
No.
107-252,
116
2
Stat.
1666,
relating
to
disabled
voters
shall
may
be
met
by
a
3
county
through
the
use
of
electronic
ballot
marking
devices
4
that
are
compatible
with
an
optical
scan
voting
system.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
conduct
of
elections.
9
The
bill
requires
a
person
registering
to
vote
on
election
10
day
or
when
casting
an
in-person
absentee
ballot
to
cast
a
11
provisional
ballot.
The
absentee
and
special
voters
precinct
12
board
shall
then
count
the
provisional
ballot
only
if
the
board
13
determines
that
the
voter
was
eligible
to
vote.
Under
current
14
law,
a
person
registering
to
vote
on
election
day
or
when
15
casting
an
in-person
absentee
ballot
may
cast
a
regular
ballot
16
if
the
polling
place
can
verify
the
voter’s
eligibility
to
vote
17
using
an
electronic
poll
book.
18
The
bill
strikes
provisions
requiring
the
use
of
optical
19
scan
voting
systems
in
all
elections
and
the
use
of
automatic
20
tabulating
equipment
in
certain
elections.
21
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