Bill Text: IA SSB1035 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of election recounts, providing penalties, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-20 - Subcommittee reassigned: Salmon, Schultz, and Weiner. [SSB1035 Detail]
Download: Iowa-2023-SSB1035-Introduced.html
Senate
Study
Bill
1035
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
conduct
of
election
recounts,
providing
1
penalties,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1232XD
(4)
90
ss/ns
S.F.
_____
H.F.
_____
Section
1.
Section
43.56,
subsection
1,
paragraphs
a,
b,
and
1
c,
Code
2023,
are
amended
to
read
as
follows:
2
a.
One
person
or
two
designees,
according
to
the
population
3
of
the
county
as
provided
in
section
50.48,
subsection
3,
4
paragraph
“a”
,
chosen
by
the
candidate
requesting
the
recount,
5
who
shall
be
named
in
the
written
request
when
the
request
is
6
filed
.
7
b.
One
person
or
two
designees,
according
to
the
population
8
of
the
county
as
provided
in
section
50.48,
subsection
3,
9
paragraph
“a”
,
chosen
by
the
candidate
who
received
the
highest
10
number
of
votes
for
the
nomination
being
recounted
at
or
before
11
the
time
the
board
is
required
to
convene
.
However,
if
the
12
candidate
who
requested
the
recount
received
more
votes
than
13
anyone
else
for
the
nomination,
the
candidate
who
received
the
14
second
highest
number
of
votes
shall
designate
this
person
15
choose
the
designee
or
designees,
as
applicable,
to
serve
on
16
the
recount
board.
17
c.
A
third
person
mutually
agreeable
to
the
board
members
18
designated
by
the
candidates
One
or
three
persons,
according
19
to
the
population
of
the
county
as
provided
in
section
20
50.48,
subsection
3,
paragraph
“a”
,
who
are
precinct
election
21
officials
selected
by
the
chief
judge
of
the
judicial
district
22
in
which
the
canvass
occurs
at
or
before
the
time
the
board
is
23
required
to
convene
.
24
Sec.
2.
Section
50.12,
Code
2023,
is
amended
to
read
as
25
follows:
26
50.12
Return
and
preservation
of
ballots.
27
Immediately
after
making
the
proclamation,
and
before
28
separating,
the
board
members
of
each
precinct
in
which
votes
29
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
30
or
other
container
all
ballots
which
have
been
counted
by
them,
31
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
32
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
33
of
all
board
members
of
the
precinct
shall
be
placed
across
34
the
seal
or
the
opening
of
the
container
so
that
it
cannot
35
-1-
LSB
1232XD
(4)
90
ss/ns
1/
16
S.F.
_____
H.F.
_____
be
opened
without
breaking
the
seal.
The
precinct
election
1
officials
shall
return
all
the
ballots
to
the
commissioner,
2
who
shall
carefully
preserve
them
for
six
months.
Ballots
3
from
elections
for
federal
offices
shall
be
preserved
for
4
twenty-two
months.
The
sealed
packages
containing
voted
5
ballots
shall
be
opened
only
for
an
official
recount
authorized
6
by
section
50.48
,
or
50.49
,
or
50.50
,
for
an
election
contest
7
held
pursuant
to
chapters
57
through
62
,
to
conduct
an
audit
8
pursuant
to
section
50.50
or
50.51
,
or
to
destroy
the
ballots
9
pursuant
to
section
50.19
.
10
Sec.
3.
Section
50.24,
subsections
1
and
4,
Code
2023,
are
11
amended
to
read
as
follows:
12
1.
The
county
board
of
supervisors
shall
meet
to
canvass
13
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
14
each
election
to
which
this
chapter
is
applicable,
unless
15
the
law
authorizing
the
election
specifies
another
date
for
16
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
17
section
4.1,
subsection
34
,
controls.
18
4.
For
a
regular
or
special
city
election
or
a
city
runoff
19
election,
if
the
city
is
located
in
more
than
one
county,
the
20
controlling
commissioner
for
that
city
under
section
47.2
shall
21
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
22
the
day
of
the
election.
However,
if
a
recount
is
requested
23
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
24
conduct
the
second
canvass
within
two
business
days
after
the
25
conclusion
of
the
recount
proceedings.
Each
commissioner
26
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
27
shall
transmit
abstracts
for
the
offices
and
public
measures
of
28
that
city
to
the
controlling
commissioner
for
that
city,
along
29
with
individual
tallies
for
each
write-in
candidate.
At
the
30
second
canvass,
the
county
board
of
supervisors
of
the
county
31
of
the
controlling
commissioner
shall
canvass
the
abstracts
32
received
pursuant
to
this
subsection
and
shall
prepare
a
33
combined
city
abstract
stating
the
number
of
votes
cast
in
the
34
city
for
each
office
and
on
each
question
on
the
ballot
for
35
-2-
LSB
1232XD
(4)
90
ss/ns
2/
16
S.F.
_____
H.F.
_____
the
city
election.
The
combined
city
abstract
shall
further
1
indicate
the
name
of
each
person
who
received
votes
for
each
2
office
on
the
ballot,
the
number
of
votes
each
person
named
3
received
for
that
office,
and
the
number
of
votes
for
and
4
against
each
question
submitted
to
the
voters
at
the
election.
5
The
votes
of
all
write-in
candidates
who
each
received
less
6
than
five
percent
of
the
total
votes
cast
in
the
city
for
7
an
office
shall
be
reported
collectively
under
the
heading
8
“scattering”.
9
Sec.
4.
Section
50.24,
subsection
5,
paragraph
a,
Code
2023,
10
is
amended
to
read
as
follows:
11
a.
For
a
regular
or
special
school
election,
if
the
school
12
district
is
located
in
more
than
one
county,
the
controlling
13
commissioner
for
that
school
district
under
section
47.2
shall
14
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
15
the
day
of
election.
However,
if
a
recount
is
requested
16
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
17
conduct
the
second
canvass
within
two
business
days
after
the
18
conclusion
of
the
recount
proceedings.
Each
commissioner
19
conducting
a
canvass
for
the
school
district
pursuant
to
20
subsection
1
shall
transmit
abstracts
for
the
offices
and
21
public
measures
of
that
school
district
to
the
controlling
22
commissioner
for
that
school
district,
along
with
individual
23
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
24
county
board
of
supervisors
of
the
controlling
county
shall
25
canvass
the
abstracts
received
pursuant
to
this
subsection
and
26
shall
prepare
a
combined
school
district
abstract
stating
the
27
number
of
votes
cast
in
the
school
district
for
each
office
and
28
on
each
question
on
the
ballot
for
the
school
election.
The
29
combined
school
district
abstract
shall
further
indicate
the
30
name
of
each
person
who
received
votes
for
each
office
on
the
31
ballot,
the
number
of
votes
each
person
named
received
for
that
32
office,
and
the
number
of
votes
for
and
against
each
question
33
submitted
to
the
voters
at
the
election.
The
votes
of
all
34
write-in
candidates
who
each
received
less
than
five
percent
of
35
-3-
LSB
1232XD
(4)
90
ss/ns
3/
16
S.F.
_____
H.F.
_____
the
total
votes
cast
in
the
school
district
for
an
office
shall
1
be
reported
collectively
under
the
heading
“scattering”.
2
Sec.
5.
Section
50.48,
subsection
1,
Code
2023,
is
amended
3
to
read
as
follows:
4
1.
a.
The
Except
as
provided
in
paragraph
“b”
,
the
county
5
board
of
canvassers
shall
order
a
recount
of
the
votes
cast
for
6
a
particular
office
or
nomination
in
one
or
more
all
specified
7
election
precincts
in
that
county
if
a
written
request
for
a
8
recount
is
made
filed
with
the
commissioner
of
that
county
not
9
later
than
5:00
p.m.
on
the
third
second
day
following
the
10
county
board’s
canvass
of
the
election
in
question.
For
a
city
11
runoff
election
held
pursuant
to
section
376.9
,
the
written
12
request
must
be
made
filed
with
the
commissioner
of
that
county
13
not
later
than
5:00
p.m.
on
the
day
following
the
county
14
board’s
canvass
of
the
city
runoff
election.
The
request
shall
15
be
filed
with
the
commissioner
of
that
county
and
shall
be
16
signed
by
either
of
the
following:
17
(1)
A
candidate
for
that
office
or
nomination
whose
name
was
18
printed
on
the
ballot
of
the
precinct
or
precincts
where
the
19
recount
is
requested.
20
(2)
Any
other
person
who
receives
votes
for
that
particular
21
office
or
nomination
in
the
precinct
or
precincts
where
the
22
recount
is
requested
and
who
is
legally
qualified
to
seek
and
23
to
hold
the
office
in
question.
24
b.
The
state
commissioner
shall
order
a
recount
of
the
25
votes
cast
for
a
statewide
office,
a
seat
in
the
United
States
26
Congress,
or
electors
for
president
or
vice
president,
or
27
nominations
for
such
offices,
in
each
county
specified
in
a
28
written
request
if
a
written
request
for
a
recount
is
filed
29
with
the
state
commissioner
not
later
than
5:00
p.m.
on
the
30
second
day
following
the
county
canvass
of
the
election
in
31
question.
32
c.
A
written
request
for
a
recount
shall
indicate
whether
33
the
recount
shall
be
conducted
only
using
automated
tabulating
34
equipment
or
by
a
hand
recount
following
the
use
of
automatic
35
-4-
LSB
1232XD
(4)
90
ss/ns
4/
16
S.F.
_____
H.F.
_____
tabulating
equipment.
If
a
candidate
requests
a
hand
recount
1
in
one
county,
the
candidate
shall
also
request
a
hand
recount
2
in
each
county
in
which
the
candidate
requests
a
recount.
The
3
request
shall
be
signed
by
either
of
the
following:
4
(1)
A
candidate
for
that
office
or
nomination
whose
name
5
was
printed
on
a
ballot
in
the
county
where
the
recount
is
6
requested.
7
(2)
Any
other
person
who
receives
votes
for
that
particular
8
office
or
nomination
in
the
county
where
the
recount
is
9
requested
and
who
is
legally
qualified
to
seek
and
to
hold
the
10
office
in
question.
11
b.
d.
Immediately
upon
receipt
of
a
request
for
a
recount
12
under
paragraph
“a”
,
the
commissioner
shall
send
a
copy
of
the
13
request
to
the
apparent
winner
by
certified
mail
and
the
state
14
commissioner
by
electronic
mail
.
Immediately
upon
receipt
15
of
a
request
for
a
recount
under
paragraph
“b”
,
the
state
16
commissioner
shall
send
a
copy
of
the
request
to
the
apparent
17
winner
by
certified
mail
and
the
commissioner
of
each
county
18
specified
in
the
request
by
electronic
mail.
The
commissioner
19
or
state
commissioner
who
initially
received
the
request
for
a
20
recount
shall
also
attempt
to
contact
the
apparent
winner
by
21
telephone.
If
the
apparent
winner
cannot
be
reached
within
22
four
three
days,
the
chairperson
of
the
political
party
or
23
organization
which
nominated
the
apparent
winner
shall
be
24
contacted
and
shall
act
on
behalf
of
the
apparent
winner,
25
if
necessary.
For
candidates
for
state
or
federal
offices,
26
the
chairperson
of
the
state
party
shall
be
contacted.
For
27
candidates
for
county
offices,
the
county
chairperson
of
the
28
party
shall
be
contacted.
29
Sec.
6.
Section
50.48,
subsection
2,
Code
2023,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
c.
(1)
Upon
receipt
of
a
written
request
32
for
a
hand
recount
involving
a
state
office,
including
a
seat
33
in
the
general
assembly,
a
seat
in
the
United
States
Congress,
34
or
electors
for
president
or
vice
president,
forwarded
by
35
-5-
LSB
1232XD
(4)
90
ss/ns
5/
16
S.F.
_____
H.F.
_____
the
commissioner,
the
state
commissioner
shall
verify
that
1
each
request
for
a
recount
for
that
office
submitted
by
that
2
candidate
included
a
request
for
a
hand
recount.
For
each
3
request
that
did
not
include
a
request
for
a
hand
recount,
the
4
state
commissioner
shall
assess
a
civil
penalty
of
one
hundred
5
dollars
against
the
candidate,
to
be
deposited
in
the
general
6
fund
of
the
state.
The
civil
penalty
shall
first
be
deducted
7
from
the
bond
filed
by
the
candidate.
8
(2)
Upon
verification
that
a
candidate
for
a
state
office,
9
including
a
seat
in
the
general
assembly,
a
seat
in
the
United
10
States
Congress,
or
electors
for
president
or
vice
president,
11
submitted
a
written
request
for
a
hand
recount
in
at
least
one
12
but
not
all
counties,
the
state
commissioner
shall,
within
six
13
days
following
the
county
canvass
of
the
election,
inform
each
14
commissioner
to
which
a
hand
recount
was
not
requested
that
a
15
hand
recount
shall
be
performed
pursuant
to
this
section.
16
Sec.
7.
Section
50.48,
subsections
3
and
4,
Code
2023,
17
are
amended
by
striking
the
subsections
and
inserting
in
lieu
18
thereof
the
following:
19
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
20
consist
of
one
of
the
following:
21
(1)
For
a
county
with
a
population
of
fewer
than
fifteen
22
thousand
according
to
the
most
recent
federal
decennial
census,
23
all
of
the
following:
24
(a)
A
designee
of
the
candidate
requesting
the
recount,
25
who
shall
be
named
in
the
written
request
when
the
request
is
26
filed.
27
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
28
be
named
by
the
candidate
at
or
before
the
time
the
board
is
29
required
to
convene.
30
(c)
A
member
who
is
a
precinct
election
official
selected
by
31
the
chief
judge
of
the
judicial
district
in
which
the
canvass
32
occurs
at
or
before
the
time
the
board
is
required
to
convene.
33
(2)
For
a
county
with
a
population
of
at
least
fifteen
34
thousand
but
fewer
than
fifty
thousand
according
to
the
most
35
-6-
LSB
1232XD
(4)
90
ss/ns
6/
16
S.F.
_____
H.F.
_____
recent
federal
decennial
census,
all
of
the
following:
1
(a)
A
designee
of
the
candidate
requesting
the
recount,
2
who
shall
be
named
in
the
written
request
when
the
request
is
3
filed.
4
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
5
be
named
by
the
candidate
at
or
before
the
time
the
board
is
6
required
to
convene.
7
(c)
Three
members
who
are
precinct
election
officials
8
selected
by
the
chief
judge
of
the
judicial
district
in
which
9
the
canvass
occurs
at
or
before
the
time
the
board
is
required
10
to
convene.
11
(3)
For
a
county
with
a
population
of
fifty
thousand
or
12
greater,
all
of
the
following:
13
(a)
Two
designees
of
the
candidate
requesting
the
recount,
14
who
shall
be
named
in
the
written
request
when
the
request
is
15
filed.
16
(b)
Two
designees
of
the
apparent
winning
candidate,
who
17
shall
be
named
by
the
candidate
at
or
before
the
time
the
board
18
is
required
to
convene.
19
(c)
Three
members
who
are
precinct
election
officials
20
selected
by
the
chief
judge
of
the
judicial
district
in
which
21
the
canvass
occurs
at
or
before
the
time
the
board
is
required
22
to
convene.
23
b.
Members
appointed
to
the
recount
board
by
the
chief
judge
24
shall
be
selected
consistent
with
section
49.13,
subsection
2,
25
for
partisan
offices
and
section
49.12
for
nonpartisan
offices.
26
c.
The
commissioner
shall
convene
the
persons
designated
27
under
paragraph
“a”
not
later
than
9:00
a.m.
on
the
sixth
28
day
following
the
county
board’s
canvass
of
the
election
in
29
question.
30
4.
When
all
members
of
the
recount
board
have
been
selected,
31
the
board
shall
undertake
and
complete
the
required
recount
as
32
expeditiously
as
reasonably
possible
in
the
following
manner:
33
a.
The
commissioner
shall
inform
the
board
whether
the
34
candidate
has
requested
a
hand
recount.
The
commissioner
35
-7-
LSB
1232XD
(4)
90
ss/ns
7/
16
S.F.
_____
H.F.
_____
or
the
commissioner’s
designee
shall
supervise
the
handling
1
of
ballots
to
ensure
that
the
ballots
are
protected
from
2
alteration
or
damage.
3
b.
The
board
shall
direct
the
commissioner
to
retabulate
4
the
ballots
using
the
automatic
tabulating
equipment.
The
same
5
program
used
for
tabulating
the
votes
on
election
day
shall
be
6
used
at
the
recount
unless
the
program
is
believed
or
known
to
7
be
flawed.
8
c.
The
board
shall
recount
only
the
ballots
which
were
voted
9
and
counted
for
the
office
in
question,
including
any
disputed
10
ballots
returned
as
required
in
section
50.5.
11
d.
After
retabulating
the
ballots
as
provided
in
paragraph
12
“b”
,
the
board
shall
compare
the
printed
results
of
the
13
tabulation
equipment
to
the
abstract
prepared
pursuant
to
the
14
county
board’s
canvass.
The
board
shall
note
any
discrepancies
15
between
the
two
results.
16
e.
If
the
candidate’s
written
request
included
a
request
17
for
a
hand
recount,
the
board
shall
separate
the
ballots
into
18
piles:
one
for
each
candidate,
one
for
write-in
votes,
and
19
one
for
ballots
considered
an
over
or
under
count.
The
board
20
shall
review
and
tabulate
the
ballots
in
each
pile
as
provided
21
in
section
49.98.
The
board
shall
compare
the
hand
recount
22
results
to
the
printed
results
of
the
tabulation
equipment
and
23
the
abstract.
If
there
are
discrepancies
between
the
three
24
results,
then
the
results
of
the
hand
recount
shall
control.
25
f.
The
ballots
shall
be
resealed
by
the
recount
board
before
26
adjournment
and
shall
be
preserved
as
required
by
section
27
50.12.
28
Sec.
8.
Section
50.48,
subsection
5,
Code
2023,
is
amended
29
to
read
as
follows:
30
5.
a.
At
the
conclusion
of
the
recount,
the
recount
board
31
shall
make
and
file
with
the
commissioner
a
written
report
of
32
its
findings
signed
by
a
majority
of
the
recount
board.
The
33
commissioner
or
commissioner’s
designee
may
assist
in
compiling
34
the
written
report.
The
written
report
shall
include
a
full
35
-8-
LSB
1232XD
(4)
90
ss/ns
8/
16
S.F.
_____
H.F.
_____
tally
and
accounting
of
ballots
reviewed
by
the
recount
board
1
and
shall
be
reported
as
required
by
sections
50.24
and
53.20.
2
The
written
report
must
allow
the
commissioner
to
correct
the
3
canvass
of
voters
in
the
manner
required
by
law,
if
applicable.
4
b.
If
the
recount
board’s
report
is
that
the
abstracts
5
prepared
pursuant
to
the
county
board’s
canvass
were
incorrect
6
as
to
the
number
of
votes
cast
for
the
candidates
for
the
7
office
or
nomination
in
question,
in
that
county
or
district,
8
the
commissioner
shall
at
once
so
notify
the
county
board.
The
9
county
board
shall
reconvene
within
three
days
after
being
so
10
notified
,
but
no
later
than
noon
on
the
twenty-seventh
day
11
following
the
election
in
question
for
a
recount
of
the
offices
12
of
president
and
vice
president
,
and
shall
correct
its
previous
13
proceedings.
14
c.
The
recount
board
shall
complete
the
recount
and
file
its
15
report
as
follows:
16
(1)
For
the
offices
of
president
and
vice
president,
not
17
later
than
the
seventeenth
day
following
the
county
board’s
18
canvass
of
the
election
in
question.
19
(2)
For
a
state
office,
including
a
seat
in
the
general
20
assembly,
or
a
seat
in
the
United
States
Congress,
not
later
21
than
the
twenty-first
day
following
the
county
board’s
canvass
22
of
the
election
in
question.
23
(3)
For
any
other
office,
not
later
than
the
thirteenth
24
day
following
the
county
board’s
canvass
of
the
election
in
25
question.
26
Sec.
9.
Section
50.49,
subsection
1,
Code
2023,
is
amended
27
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
28
following:
29
1.
a.
A
recount
for
any
public
measure
shall
be
ordered
30
by
the
board
of
canvassers
not
later
than
two
days
after
31
the
completion
of
the
canvass
of
voters
for
the
election
if
32
a
petition
requesting
a
recount
is
filed
with
the
county
33
commissioner
of
a
county
in
which
the
question
appeared
on
the
34
ballot.
The
petition
for
a
recount
shall
indicate
whether
the
35
-9-
LSB
1232XD
(4)
90
ss/ns
9/
16
S.F.
_____
H.F.
_____
recount
shall
be
conducted
only
using
automatic
tabulating
1
equipment
or
by
a
hand
recount
following
the
use
of
automatic
2
tabulating
equipment.
If
a
petition
requests
a
hand
recount
3
in
one
county,
the
petition
shall
also
request
a
hand
recount
4
in
each
county
in
which
the
petition
is
filed.
A
petition
must
5
be
filed
by
the
person
submitting
the
petition
in
each
county
6
in
which
the
public
measure
appeared
on
the
ballot.
If
the
7
petition
is
not
filed
by
the
person
submitting
the
petition
in
8
each
county
in
which
the
public
measure
appeared
on
the
ballot,
9
a
recount
shall
not
be
conducted.
10
b.
The
petition
must
be
signed
by
the
greater
of
ten
11
eligible
electors
or
a
number
of
eligible
electors
equaling
12
one
percent
of
the
total
number
of
votes
cast
upon
the
public
13
measure
in
the
county.
Each
person
signing
the
petition
must
14
be
a
person
who
was
entitled
to
vote
on
the
public
measure
in
15
question
or
would
have
been
so
entitled
if
registered
to
vote.
16
c.
Immediately
upon
receipt
of
a
petition
for
a
recount,
17
the
commissioner
shall
send
a
copy
of
the
petition
to
the
18
state
commissioner
by
electronic
mail.
The
state
commissioner
19
shall
confirm
that
a
petition
was
filed
in
every
county
the
20
public
measure
appeared
on
the
ballot
prior
to
the
convening
of
21
the
recount
board.
The
state
commissioner
shall
also
verify
22
whether
each
petition
for
a
recount
included
a
request
for
23
a
hand
recount.
If
the
state
commissioner
verifies
that
a
24
petition
included
a
request
for
a
hand
recount
in
at
least
one
25
but
not
all
counties,
the
state
commissioner
shall,
prior
to
26
convening
of
the
recount
board,
inform
each
commissioner
at
27
which
a
hand
recount
was
not
requested
that
a
hand
recount
28
shall
be
performed.
29
Sec.
10.
Section
50.49,
subsection
2,
paragraph
b,
Code
30
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
31
lieu
thereof
the
following:
32
b.
Two
members
who
are
precinct
election
officials
selected
33
by
the
chief
judge
of
the
judicial
district
in
which
the
34
canvass
occurs
at
or
before
the
time
the
board
is
required
to
35
-10-
LSB
1232XD
(4)
90
ss/ns
10/
16
S.F.
_____
H.F.
_____
convene.
The
members
shall
be
selected
consistent
with
section
1
49.12.
2
Sec.
11.
Section
50.49,
subsection
2,
paragraph
c,
Code
3
2023,
is
amended
by
striking
the
paragraph.
4
Sec.
12.
Section
50.49,
subsection
3,
Code
2023,
is
amended
5
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
6
following:
7
3.
The
commissioner
shall
convene
the
recount
board
not
8
later
than
9:00
a.m.
on
the
sixth
day
following
the
county
9
board’s
canvass
of
the
election
in
question.
10
Sec.
13.
Section
50.50,
Code
2023,
is
amended
to
read
as
11
follows:
12
50.50
Administrative
recounts
audits
.
13
1.
The
commissioner
who
was
responsible
for
conducting
an
14
election
may
request
an
administrative
recount
audit
when
the
15
commissioner
is
informed
or
suspects
that
voting
equipment
used
16
in
the
election
malfunctioned
or
that
programming
errors
may
17
have
affected
the
outcome
of
the
election,
or
if
the
precinct
18
election
officials
report
counting
errors
to
the
commissioner
19
after
the
conclusion
of
the
canvass
of
votes
in
the
precinct.
20
An
administrative
recount
audit
shall
be
conducted
by
the
board
21
of
the
special
precinct
established
by
section
53.23
.
Bond
22
shall
not
be
required
for
an
administrative
recount.
The
23
state
commissioner
may
adopt
rules
for
administrative
recounts
24
audits
.
25
2.
If
the
recount
board
finds
that
there
is
an
error
26
in
the
programming
of
any
voting
equipment
which
may
have
27
affected
the
outcome
of
the
election
for
any
office
or
public
28
measure
on
the
ballot,
the
recount
board
shall
describe
the
29
errors
in
its
report
to
the
commissioner.
The
commissioner
30
shall
notify
the
board
of
supervisors.
The
supervisors
shall
31
determine
whether
to
order
an
administrative
recount
for
any
32
or
all
of
the
offices
and
public
measures
on
the
ballot.
Each
33
political
party,
as
defined
in
section
43.2,
may
appoint
up
34
to
five
observers
to
witness
an
audit
conducted
pursuant
to
35
-11-
LSB
1232XD
(4)
90
ss/ns
11/
16
S.F.
_____
H.F.
_____
this
section.
The
observers
shall
be
appointed
by
the
county
1
chairperson
or,
if
the
county
chairperson
fails
to
make
an
2
appointment,
by
the
state
chairperson.
However,
if
either
or
3
both
political
parties
fail
to
appoint
an
observer,
the
board
4
may
continue
with
the
proceedings.
5
Sec.
14.
Section
50.51,
subsection
3,
paragraph
a,
Code
6
2023,
is
amended
by
striking
the
paragraph.
7
Sec.
15.
Section
60.2,
Code
2023,
is
amended
to
read
as
8
follows:
9
60.2
Clerk.
10
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
11
the
clerk
of
the
court,
or,
in
the
secretary
of
state’s
clerk
12
of
the
supreme
court’s
absence
or
inability
to
act,
the
clerk
13
of
the
supreme
court
secretary
of
state
.
14
Sec.
16.
Section
61.2,
Code
2023,
is
amended
to
read
as
15
follows:
16
61.2
Clerk.
17
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
18
the
clerk
of
this
court
;
but
if
the
person
holding
that
office
19
is
a
party
to
the
contest,
the
clerk
of
the
supreme
court,
or,
20
in
case
of
that
person’s
absence
or
inability,
the
auditor
of
21
state
shall
be
clerk
,
or,
in
the
clerk
of
the
supreme
court’s
22
absence
or
inability
to
act,
the
secretary
of
state.
If
the
23
person
holding
the
office
of
secretary
of
state
is
a
party
to
24
the
contest,
the
auditor
of
state
shall
be
clerk
.
25
Sec.
17.
Section
260C.15,
subsection
5,
Code
2023,
is
26
amended
to
read
as
follows:
27
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
28
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
29
section
277.20
.
In
each
county
whose
commissioner
of
elections
30
is
the
controlling
commissioner
for
a
merged
area
under
section
31
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
32
second
Monday
or
Tuesday
after
the
day
of
the
election
to
33
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
34
merged
area,
and
declare
the
results
of
the
voting.
The
35
-12-
LSB
1232XD
(4)
90
ss/ns
12/
16
S.F.
_____
H.F.
_____
commissioner
shall
at
once
issue
certificates
of
election
to
1
each
person
declared
elected,
and
shall
certify
to
the
merged
2
area
board
in
substantially
the
manner
prescribed
by
section
3
50.27
the
result
of
the
voting
on
any
public
question
submitted
4
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
5
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
6
of
office
prescribed
in
section
277.28
.
7
Sec.
18.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
8
immediate
importance,
takes
effect
upon
enactment.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
conduct
of
election
recounts.
13
The
bill
changes
the
composition
of
recount
boards
based
14
on
the
population
of
the
county.
For
a
county
of
fewer
than
15
15,000,
the
board
shall
consist
of
a
designee
of
the
candidate
16
requesting
the
recount,
a
designee
of
the
apparent
winning
17
candidate,
and
a
person
who
is
a
precinct
election
official
18
selected
by
the
chief
judge
of
the
judicial
district
in
which
19
the
canvass
occurs.
For
a
county
with
a
population
between
20
15,000
and
49,999,
the
board
shall
consist
of
a
designee
of
the
21
candidate
requesting
the
recount,
a
designee
of
the
apparent
22
winning
candidate,
and
three
persons
who
are
precinct
election
23
officials
selected
by
the
chief
judge
of
the
judicial
district
24
in
which
the
canvass
occurs.
For
a
county
with
a
population
25
of
50,000
or
greater,
the
board
shall
consist
of
two
designees
26
of
the
candidate
requesting
the
recount,
two
designees
of
the
27
apparent
winning
candidate,
and
three
persons
who
are
precinct
28
election
officials
selected
by
the
chief
judge
of
the
judicial
29
district
in
which
the
canvass
occurs.
Members
appointed
by
30
the
chief
judge
for
the
recount
of
a
partisan
election
shall
31
not
be
comprised
of
more
than
one-third
of
persons
who
are
not
32
members
of
either
of
the
two
political
parties
whose
candidates
33
for
president
received
the
most
or
next-most
votes
at
the
last
34
general
election
for
a
partisan
election
and
not
more
than
a
35
-13-
LSB
1232XD
(4)
90
ss/ns
13/
16
S.F.
_____
H.F.
_____
simple
majority
of
members
appointed
by
a
chief
judge
shall
be
1
from
the
same
political
party
or
organization.
2
The
bill
removes
the
first
and
second
Monday
after
an
3
election
as
a
possible
date
for
canvassing
an
election.
4
The
bill
requires
a
county
board
of
canvassers
to
order
a
5
recount
in
all
election
districts
in
a
county
for
a
particular
6
office
or
nomination
if
a
request
for
a
recount
is
filed
with
7
the
commissioner
of
that
county
not
later
than
5:00
p.m.
on
the
8
second
day
following
the
board’s
canvass
of
the
election.
The
9
bill
requires
the
state
commissioner
of
elections
to
order
a
10
recount
of
the
votes
cast
for
a
statewide
office,
a
seat
in
11
the
United
States
Congress,
or
electors
for
president
or
vice
12
president,
or
nominations
for
such
offices,
in
each
county
13
specified
in
a
written
request
if
the
request
is
filed
with
14
the
state
commissioner
not
later
than
5:00
p.m.
on
the
second
15
day
following
the
county
canvass
of
the
election
in
question.
16
A
request
for
a
recount
shall
indicate
whether
the
recount
17
shall
be
conducted
using
only
automated
tabulating
equipment
18
or
by
hand
following
the
use
of
such
equipment.
If
a
candidate
19
requests
a
hand
recount
in
one
county,
the
bill
requires
the
20
candidate
to
request
a
hand
recount
in
all
counties
in
which
21
the
candidate
requests
a
recount.
The
state
commissioner
22
of
elections
shall
assess
a
civil
penalty
of
$100
against
a
23
candidate
for
each
county
in
which
the
candidate
was
required
24
to
request
a
hand
recount
but
did
not.
The
bill
requires
the
25
penalty
to
first
be
deducted
from
the
recount
bond
paid
by
the
26
candidate
and
to
be
deposited
in
the
general
fund
of
the
state.
27
The
bill
requires
a
recount
board
to
be
convened
no
later
28
than
9:00
a.m.
on
the
sixth
day
following
the
canvass
of
29
the
election.
The
commissioner
shall
then
inform
the
board
30
whether
the
candidate
requested
a
hand
recount.
The
board
31
shall
direct
the
commissioner
to
retabulate
the
ballots
using
32
the
automatic
tabulating
equipment
using
the
same
program
as
33
was
used
to
tabulate
the
votes
on
election
day
unless
the
34
program
is
believed
or
known
to
be
flawed.
The
board
shall
35
-14-
LSB
1232XD
(4)
90
ss/ns
14/
16
S.F.
_____
H.F.
_____
recount
only
the
ballots
which
were
voted
and
counted
for
1
the
office
in
question,
including
disputed
ballots.
After
2
retabulating,
the
board
shall
compare
the
results
to
the
3
abstract
prepared
pursuant
to
the
county
board’s
canvass
and
4
note
any
discrepancies.
If
the
candidate
requested
a
hand
5
recount,
the
bill
requires
the
ballots
to
be
separated
into
6
categories
and
tabulated.
The
board
shall
then
compare
the
7
results
of
the
tabulation
to
the
results
of
the
canvass
and
the
8
automatic
recount.
If
there
are
discrepancies,
the
results
of
9
the
hand
recount
shall
control.
The
bill
then
requires
the
10
board
to
reseal
and
preserve
the
ballots.
11
At
the
conclusion
of
the
recount,
the
bill
requires
the
board
12
to
make
and
file
with
the
county
commissioner
of
elections
a
13
report
of
its
findings,
signed
by
a
majority
of
the
board.
14
The
bill
requires
a
recount
board
to
include
in
its
written
15
report
following
the
conclusion
of
a
recount
a
full
tally
16
and
accounting
of
ballots
reviewed
by
the
board.
The
report
17
must
allow
the
county
commissioner
of
elections
to
correct
the
18
canvass
of
votes
in
the
manner
required
by
law,
if
applicable.
19
The
board
shall
file
its
report
by
17
days
after
the
canvass
of
20
an
election
for
the
offices
of
president
and
vice
president,
21
by
21
days
after
the
canvass
of
an
election
for
a
state
office
22
or
a
seat
in
the
United
States
Congress,
and
by
13
days
after
23
the
canvass
of
any
other
election.
The
bill
also
requires
24
the
county
board
of
elections
to
reconvene
no
later
than
27
25
days
following
a
presidential
election
to
correct
any
errors
26
identified
by
the
recount
board.
27
The
bill
requires
a
petition
for
a
recount
of
an
election
28
for
a
public
measure
to
be
submitted
not
later
than
two
days
29
following
the
canvass
of
the
votes
for
the
measure
rather
30
than
three
days.
The
bill
changes
the
makeup
of
the
recount
31
board
for
a
public
measure
by
removing
a
designee
named
by
the
32
commissioner
and
a
person
jointly
selected
by
that
person
and
33
a
designee
named
in
the
petition
requesting
the
recount
and
34
replacing
them
with
two
election
officials
selected
by
the
35
-15-
LSB
1232XD
(4)
90
ss/ns
15/
16
S.F.
_____
H.F.
_____
chief
judge
of
the
judicial
district
where
the
canvass
occurs.
1
The
commissioner
shall
convene
the
recount
board
not
later
than
2
9:00
a.m.
on
the
sixth
day
following
the
county
board’s
canvass
3
of
the
election
in
question.
4
Under
current
law,
a
county
commissioner
of
elections
may
5
conduct
an
administrative
recount
if
the
commissioner
suspects
6
that
voting
equipment
used
in
the
election
malfunctioned
or
7
that
programming
errors
may
have
affected
the
outcome
of
the
8
election,
or
if
the
precinct
election
officials
report
counting
9
errors
to
the
commissioner.
The
bill
instead
allows
the
county
10
commissioner
of
elections
to
conduct
an
administrative
audit
if
11
such
circumstances
exist.
The
bill
allows
political
parties,
12
as
defined
in
Code,
to
appoint
observers
to
witness
the
audit.
13
The
bill
changes
the
clerk
of
a
court
of
contest
for
14
presidential
electors
and
congresspersons
from
the
secretary
15
of
state
to
the
clerk
of
the
supreme
court.
If
the
clerk
of
16
the
supreme
court
is
absent
or
unable
to
act,
the
secretary
of
17
state
shall
be
the
clerk
of
the
court.
For
elections
for
state
18
officers,
the
bill
changes
the
clerk
of
a
contest
court
to
the
19
clerk
of
the
supreme
court.
If
the
clerk
of
the
supreme
court
20
is
absent
or
unable
to
act,
the
secretary
of
state
shall
be
the
21
clerk
of
the
court.
However,
if
the
secretary
of
state
is
a
22
party
to
the
contest,
the
auditor
of
state
shall
be
the
clerk
23
of
the
court.
24
The
bill
takes
effect
upon
enactment.
25
-16-
LSB
1232XD
(4)
90
ss/ns
16/
16
