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House
File
596
-
Introduced
HOUSE
FILE
596
BY
HARRIS
A
BILL
FOR
An
Act
relating
to
the
recounting
and
contesting
of
elections,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1833YH
(4)
91
ss/ns
H.F.
596
Section
1.
Section
50.48,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
2
follows:
3
The
Except
as
provided
in
paragraph
“c”
,
the
county
board
4
of
canvassers
shall
order
a
recount
of
the
votes
cast
for
a
5
particular
office
or
nomination
in
one
or
more
specified
each
6
election
precincts
in
that
county
precinct
where
a
vote
was
7
cast
for
an
office
if
a
written
request
for
a
recount
is
made
8
not
later
than
5:00
p.m.
on
the
third
day
second
Wednesday
9
following
the
county
board’s
canvass
of
the
election
in
10
question
and
the
abstracts
prepared
pursuant
to
section
50.24,
11
or
section
43.49
in
the
case
of
a
primary
election,
indicate
12
that
the
difference
between
the
total
number
of
votes
cast
for
13
the
apparent
winner
and
the
total
number
of
votes
cast
for
the
14
candidate
requesting
the
recount
is
one
percent
or
less
.
For
15
a
city
runoff
election
held
pursuant
to
section
376.9
,
the
16
written
request
must
be
made
not
later
than
5:00
p.m.
on
the
17
day
following
the
county
board’s
canvass
of
the
city
runoff
18
election.
The
request
shall
be
filed
with
the
commissioner
of
19
that
county
and
shall
be
signed
by
either
of
the
following:
20
Sec.
2.
Section
50.48,
subsection
1,
Code
2025,
is
amended
21
by
adding
the
following
new
paragraphs:
22
NEW
PARAGRAPH
.
c.
The
state
commissioner
of
elections
23
shall
order
a
recount
of
the
votes
cast
for
the
election
or
24
nomination
of
a
candidate
for
a
statewide
elected
office,
25
member
of
the
general
assembly,
or
federal
office
in
each
26
precinct
where
a
vote
was
cast
for
the
office
if
a
written
27
request
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
28
second
Wednesday
following
the
election
in
question
and
the
29
abstracts
prepared
pursuant
to
section
50.24,
or
section
43.49
30
in
the
case
of
a
primary
election,
indicate
that
the
difference
31
between
the
total
number
of
votes
cast
for
the
apparent
winner
32
and
the
total
number
of
votes
cast
for
the
candidate
requesting
33
the
recount
is
one
percent
or
less.
Immediately
upon
receipt
34
of
a
request
for
a
recount
pursuant
to
this
paragraph,
the
35
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596
state
commissioner
of
elections
shall
send
a
copy
of
the
1
request
to
each
commissioner
of
a
county
where
a
ballot
for
2
the
office
was
cast,
who
shall
conduct
a
recount
as
provided
3
by
this
section
and
on
such
date
as
the
state
commissioner
of
4
elections
may
direct.
The
state
commissioner
of
elections
5
shall
order
the
start
of
a
recount
pursuant
to
this
paragraph
6
within
seven
days
of
receipt
by
the
state
commissioner
of
7
elections
of
the
request
for
a
recount.
A
candidate
for
an
8
office
filled
by
the
electors
of
the
entire
state
shall
not
be
9
required
to
pay
more
than
one
bond
for
a
recount.
10
NEW
PARAGRAPH
.
d.
Immediately
upon
receipt
of
a
request
11
for
a
recount
for
an
office
filled
by
the
electors
of
more
than
12
one
county,
other
than
from
the
state
commissioner
of
elections
13
pursuant
to
paragraph
“c”
,
the
commissioner
shall
send
a
copy
of
14
the
request
to
each
commissioner
of
a
county
where
a
ballot
for
15
the
office
was
cast,
who
shall
conduct
a
recount
as
provided
in
16
this
section.
17
Sec.
3.
Section
50.48,
subsection
2,
paragraph
a,
18
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
19
follows:
20
The
candidate
requesting
a
recount
under
this
section
shall
21
post
a
bond,
unless
the
abstracts
prepared
pursuant
to
section
22
50.24
,
or
section
43.49
in
the
case
of
a
primary
election,
23
indicate
that
the
difference
between
the
total
number
of
votes
24
cast
for
the
apparent
winner
and
the
total
number
of
votes
25
cast
for
the
candidate
requesting
the
recount
is
less
than
the
26
greater
of
fifty
votes
or
one-tenth
of
one
percent
or
less
of
27
the
total
number
of
votes
cast
for
the
office
or
nomination
in
28
question.
The
candidate
requesting
the
recount
shall
sign
an
29
affidavit
affirming
that
the
candidate
shall
be
responsible
30
for
the
payment
of
the
bond
if
the
candidate’s
committee
does
31
not
pay
for
the
bond.
If
a
recount
is
requested
for
an
office
32
to
which
more
than
one
person
was
elected,
the
vote
difference
33
calculations
shall
be
made
using
the
difference
between
the
34
number
of
votes
received
by
the
person
requesting
the
recount
35
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and
the
number
of
votes
received
by
the
apparent
winner
1
who
received
the
fewest
votes.
Where
votes
cast
for
that
2
office
or
nomination
were
canvassed
in
more
than
one
county,
3
the
abstracts
prepared
by
the
county
boards
in
all
of
those
4
counties
shall
be
totaled
for
purposes
of
this
subsection
.
5
If
a
bond
is
required,
it
shall
be
filed
with
the
state
6
commissioner
for
recounts
involving
a
state
office,
including
7
a
seat
in
the
general
assembly,
or
a
seat
in
the
United
States
8
Congress,
and
with
the
commissioner
responsible
for
conducting
9
the
election
in
all
other
cases,
and
shall
be
in
the
following
10
amount:
11
Sec.
4.
Section
50.48,
subsections
3
and
4,
Code
2025,
are
12
amended
to
read
as
follows:
13
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
14
consist
of
:
15
(1)
A
designee
of
the
candidate
requesting
the
recount,
who
16
shall
be
named
in
the
written
request
when
it
is
filed.
17
(2)
A
designee
of
the
apparent
winning
candidate,
who
shall
18
be
named
by
that
candidate
at
or
before
the
time
the
board
is
19
required
to
convene.
20
(3)
A
person
chosen
jointly
by
the
members
designated
under
21
subparagraphs
(1)
and
(2)
the
commissioner,
the
commissioner’s
22
staff,
and
any
persons
employed
by
the
commissioner
to
tally
23
ballots
during
the
election
.
24
b.
The
commissioner
shall
convene
the
persons
designated
25
under
paragraph
“a”
,
subparagraphs
(1)
and
(2),
not
later
26
than
9:00
a.m.
on
the
seventh
day
following
the
county
27
board’s
canvass
receipt
of
a
request
for
the
recount
of
the
28
election
in
question.
If
those
two
members
cannot
agree
on
29
the
third
member
by
8:00
a.m.
on
the
ninth
day
following
the
30
canvass,
they
shall
immediately
so
notify
the
chief
judge
of
31
the
judicial
district
in
which
the
canvass
is
occurring,
who
32
shall
appoint
the
third
member
not
later
than
5:00
p.m.
on
the
33
eleventh
day
following
the
canvass.
34
c.
The
candidate
requesting
the
recount
and
the
apparent
35
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winning
candidate
of
the
office
subject
to
the
recount
may
1
select
not
more
than
five
persons
to
observe
the
conduct
2
of
the
recount.
The
candidates
shall
submit
the
names
of
3
any
observers
appointed
pursuant
to
this
paragraph
to
the
4
commissioner
prior
to
the
start
of
the
recount.
5
4.
a.
When
all
members
of
the
recount
board
have
been
6
selected
convened
,
the
board
shall
undertake
and
complete
the
7
required
recount
as
expeditiously
as
reasonably
possible.
The
8
commissioner
or
the
commissioner’s
designee
shall
supervise
the
9
handling
of
ballots
to
ensure
that
the
ballots
are
protected
10
from
alteration
or
damage.
The
board
shall
open
only
the
11
sealed
ballot
containers
from
the
precincts
specified
to
be
12
recounted
in
the
request
or
by
the
recount
board.
The
board
13
shall
recount
only
the
all
ballots
which
were
voted
and
counted
14
for
the
office
in
question,
including
any
disputed
ballots
15
returned
as
required
in
section
50.5
.
If
automatic
tabulating
16
equipment
was
used
to
count
the
ballots,
the
recount
board
17
may
request
the
commissioner
to
retabulate
the
ballots
using
18
the
automatic
tabulating
equipment.
The
same
program
used
19
for
tabulating
the
votes
on
election
day
shall
be
used
at
the
20
recount
unless
the
program
is
believed
or
known
to
be
flawed.
21
A
recount
may
be
conducted
either
by
hand
or
by
the
use
of
22
automatic
tabulating
equipment,
but
not
both.
The
commissioner
23
shall
make
all
pieces
of
automatic
tabulating
equipment
24
available
for
use
in
the
recount.
25
b.
Any
member
of
the
recount
board
may
at
any
time
during
26
the
recount
proceedings
extend
the
recount
of
votes
cast
for
27
the
office
or
nomination
in
question
to
any
other
precinct
or
28
precincts
in
the
same
county,
or
from
which
the
returns
were
29
reported
to
the
commissioner
responsible
for
conducting
the
30
election,
without
the
necessity
of
posting
additional
bond.
31
c.
b.
The
ballots
shall
be
resealed
by
the
recount
board
32
before
adjournment
and
shall
be
preserved
as
required
by
33
section
50.12
.
At
the
conclusion
of
the
recount,
the
recount
34
board
shall
make
and
file
with
the
commissioner
a
written
35
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596
report
of
its
findings,
which
shall
be
signed
by
at
least
two
1
two-thirds
of
the
members
of
the
recount
board.
The
recount
2
board
shall
complete
the
recount
and
file
its
report
not
later
3
than
the
eighteenth
day
following
the
county
board’s
canvass
4
commissioner’s
receipt
of
a
request
for
the
recount
of
the
5
election
in
question.
6
Sec.
5.
Section
50.48,
Code
2025,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
9.
a.
The
commissioner
shall
comply
with
9
all
guidance
issued
by
the
state
commissioner
of
elections
10
pursuant
to
section
47.1
during
the
conduct
of
a
recount.
The
11
state
commissioner
may
halt
a
recount,
take
custody
of
all
12
ballots
and
equipment
used
in
the
recount,
and
appoint
staff
13
to
conduct
a
recount
if
the
state
commissioner
believes
that
a
14
recount
is
not
being
conducted
as
required
by
law.
15
b.
If
the
state
commissioner
believes
that
a
commissioner
16
is
purposefully
conducting
a
recount
in
violation
of
law,
17
the
state
commissioner
may
impose
a
civil
penalty
on
the
18
commissioner
not
to
exceed
twenty-five
thousand
dollars,
to
be
19
deposited
in
the
general
fund
of
the
state.
20
Sec.
6.
Section
57.7,
Code
2025,
is
amended
to
read
as
21
follows:
22
57.7
Contest
court
for
contest
of
public
measure
——
appeal
.
23
The
court
for
the
trial
of
a
contested
election
on
a
24
public
measure
shall
consist
of
one
person
designated
by
25
the
petitioners
who
are
contesting
the
election,
who
shall
26
be
designated
in
writing
by
the
petitioners
at
the
time
27
the
contest
is
filed,
one
person
designated
by
the
county
28
commissioner
of
elections
to
represent
the
interests
adverse
29
to
those
of
the
petitioners,
and
a
third
person
who
shall
be
30
chosen
jointly
by
the
designees
of
the
petitioners
and
of
the
31
commissioner.
If
the
persons
selected
by
the
petitioners
and
32
the
county
commissioner
of
elections
cannot
agree
on
a
third
33
person,
the
chief
judge
of
the
judicial
district
in
which
the
34
contest
is
filed
shall
appoint
a
third
person
to
serve
five
35
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district
court
judges,
appointed
by
the
chief
justice
of
the
1
supreme
court
by
January
30
of
each
odd-numbered
year
.
The
2
decision
of
the
contest
court
may
be
appealed
to
the
supreme
3
court.
4
Sec.
7.
Section
58.4,
Code
2025,
is
amended
by
striking
the
5
section
and
inserting
in
lieu
thereof
the
following:
6
58.4
Contest
court.
7
The
contest
court
shall
consist
of
five
district
court
8
judges,
appointed
by
the
chief
justice
of
the
supreme
court
by
9
January
30
of
each
odd-numbered
year.
10
Sec.
8.
Section
58.5,
Code
2025,
is
amended
to
read
as
11
follows:
12
58.5
Powers
and
proceedings.
13
The
members
thus
drawn
selected
shall
constitute
a
committee
14
to
try
and
determine
the
contested
election,
and
for
that
15
purpose
shall
hold
their
meetings
publicly
at
the
place
16
where
the
general
assembly
is
sitting,
at
such
times
as
they
17
may
designate;
and
may
adjourn
from
day
to
day
or
to
a
day
18
certain,
not
more
than
four
days
distant,
until
such
trial
is
19
determined;
shall
have
power
to
send
for
persons
and
papers,
20
and
to
take
all
necessary
means
to
procure
testimony,
extending
21
like
privileges
to
the
contestant
and
the
incumbent;
and
shall
22
report
their
judgment
to
both
branches
of
the
general
assembly,
23
which
report
shall
be
entered
on
the
journals
of
both
houses.
24
Sec.
9.
Section
58.7,
Code
2025,
is
amended
to
read
as
25
follows:
26
58.7
Judgment.
27
The
judgment
of
the
committee
pronounced
in
the
final
28
decision
on
the
election
shall
be
conclusive
may
be
appealed
to
29
the
supreme
court
.
30
Sec.
10.
Section
60.1,
Code
2025,
is
amended
to
read
as
31
follows:
32
60.1
Court
of
contest.
33
The
court
for
the
trial
of
contested
elections
for
34
presidential
electors
or
for
the
office
of
senator
or
35
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representative
in
Congress
shall
consist
of
the
chief
justice
1
of
the
supreme
court,
who
shall
be
presiding
judge
of
the
2
court,
and
four
five
judges
of
the
district
court
to
be
3
selected
by
the
chief
justice
of
the
supreme
court
by
January
4
30
of
each
odd-numbered
year
,
two
three
of
whom
,
with
the
chief
5
justice,
shall
constitute
a
quorum
for
the
transaction
of
the
6
business
of
the
court.
If
the
chief
justice
should
for
any
7
cause
be
unable
to
attend
at
the
trial,
the
judge
longest
on
8
the
supreme
court
bench
shall
preside
in
place
of
the
chief
9
justice;
and
any
question
arising
as
to
the
membership
of
the
10
court
shall
be
determined
by
the
members
of
the
court
not
11
interested
in
the
question
The
district
court
judge
longest
12
serving
shall
be
the
presiding
judge
of
the
court
.
13
Sec.
11.
Section
60.6,
Code
2025,
is
amended
to
read
as
14
follows:
15
60.6
Judgment
——
appeal
.
16
The
judgment
of
the
court
shall
determine
which
of
the
17
parties
to
the
action
is
entitled
to
hold
the
office
and
shall
18
be
authenticated
by
the
presiding
judge
and
clerk
of
the
court
19
and
filed
with
the
secretary
of
state;
and
the
judgment
so
20
rendered
shall
constitute
a
final
determination
of
the
title
21
to
the
office
may
be
appealed
to
the
supreme
court
,
and
a
22
certificate
of
appointment
shall
be
issued
to
the
successful
23
party.
24
Sec.
12.
Section
61.1,
Code
2025,
is
amended
to
read
as
25
follows:
26
61.1
Contest
court.
27
The
court
for
the
trial
of
contested
state
offices,
except
28
that
of
governor
and
lieutenant
governor,
shall
consist
of
29
three
five
district
judges,
not
interested,
who
shall
be
30
selected
by
the
chief
justice
of
the
supreme
court.
31
Sec.
13.
Section
61.4,
Code
2025,
is
amended
to
read
as
32
follows:
33
61.4
Selection
of
court.
34
Upon
the
filing
of
such
statement,
the
The
chief
justice
of
35
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the
supreme
court
shall
select
the
membership
of
the
court
to
1
try
such
contest
by
January
30
of
each
odd-numbered
year
,
and
2
immediately
certify
such
selection
to
the
clerk
of
the
supreme
3
court.
Vacancies
shall
also
be
filled
by
the
chief
justice.
4
Sec.
14.
Section
61.12,
Code
2025,
is
amended
to
read
as
5
follows:
6
61.12
Judgment
filed
——
execution.
7
A
transcript
of
the
judgment
rendered
by
such
court,
filed
8
in
the
office
of
the
clerk
of
the
supreme
court,
shall
have
the
9
force
and
effect
of
a
judgment
of
the
supreme
court,
except
10
that
the
judgment
of
the
court
may
be
appealed
to
the
supreme
11
court,
and
execution
may
issue
therefrom
in
the
first
instance
12
against
the
party’s
property
generally.
13
Sec.
15.
Section
62.1A,
Code
2025,
is
amended
to
read
as
14
follows:
15
62.1A
Contest
court
established.
16
The
court
for
the
trial
of
contested
county
elections
shall
17
consist
of
one
member
named
by
the
contestant
and
one
member
18
named
by
the
incumbent.
If
the
incumbent
fails
to
name
a
19
member,
the
chief
judge
of
the
judicial
district
shall
be
20
notified
of
the
failure
to
appoint.
The
chief
judge
shall
21
designate
the
second
member
within
one
week
after
the
chief
22
judge
is
notified.
These
two
members
shall
meet
within
three
23
days
and
select
a
third
member
to
serve
as
the
presiding
member
24
of
the
court.
If
they
cannot
agree
on
the
third
member
of
the
25
court
within
three
days
after
their
initial
meeting,
the
chief
26
judge
of
the
judicial
district
shall
be
notified
of
the
failure
27
to
agree.
The
chief
judge
shall
designate
the
presiding
member
28
within
one
week
after
the
chief
judge
is
notified
five
district
29
judges,
appointed
by
the
chief
justice
of
the
supreme
court
by
30
January
30
of
each
odd-numbered
year
.
31
Sec.
16.
Section
62.20,
Code
2025,
is
amended
to
read
as
32
follows:
33
62.20
Appeal.
34
The
party
against
whom
judgment
is
rendered
may
appeal
35
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within
twenty
days
to
the
district
supreme
court,
but,
if
1
the
party
be
in
possession
of
the
office,
such
appeal
will
2
not
supersede
the
execution
of
the
judgment
of
the
court
as
3
provided
in
section
62.19
,
unless
the
party
gives
a
bond,
with
4
security
to
be
approved
by
the
district
judge
supreme
court
in
5
a
sum
to
be
fixed
by
the
judge
supreme
court
,
and
which
shall
be
6
at
least
double
the
probable
compensation
of
such
officer
for
7
six
months,
which
bond
shall
be
conditioned
that
the
party
will
8
prosecute
the
appeal
without
delay,
and
that,
if
the
judgment
9
appealed
from
be
affirmed,
the
party
will
pay
over
to
the
10
successful
party
all
compensation
received
by
the
party
while
11
in
possession
of
said
office
after
the
judgment
appealed
from
12
was
rendered.
The
court
shall
hear
the
appeal
in
equity
and
13
determine
anew
all
questions
arising
in
the
case.
14
Sec.
17.
Section
62.21,
Code
2025,
is
amended
to
read
as
15
follows:
16
62.21
Judgment.
17
If,
upon
appeal,
the
judgment
is
affirmed,
the
district
18
supreme
court
may
render
judgment
upon
the
bond
for
the
amount
19
of
damages,
against
the
appellant
and
the
sureties
thereon.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
recounting
of
elections
and
24
election
contests.
The
bill
requires
an
election
recount
to
be
25
conducted
in
each
precinct
where
a
ballot
for
a
given
office
26
was
cast
when
a
recount
is
requested
for
that
office.
The
27
bill
changes
the
deadline
for
the
receipt
of
a
request
for
28
a
recount
to
the
second
Wednesday
following
an
election
and
29
makes
conforming
changes.
The
bill
requires
a
person
seeking
a
30
recount
of
an
election
for
a
statewide
elected
office,
member
31
of
the
general
assembly,
or
federal
office
to
submit
the
32
request
to
the
state
commissioner
of
elections.
The
difference
33
between
the
total
number
of
votes
cast
for
the
apparent
winner
34
and
the
total
number
of
votes
cast
for
the
candidate
requesting
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the
recount
must
be
1
percent
or
less
in
order
for
a
recount
to
1
be
called.
The
person
requesting
the
recount
must
pay
a
bond
2
unless
the
difference
between
the
total
number
of
votes
cast
3
for
the
apparent
winner
and
the
total
number
of
votes
cast
for
4
the
candidate
requesting
the
recount
is
0.1
percent
or
less.
5
The
bill
requires
the
candidate
requesting
the
recount
to
6
affirm
that
the
candidate
will
be
responsible
for
the
payment
7
of
the
bond
if
the
candidate’s
committee
does
not
pay
for
the
8
bond.
9
The
bill
changes
the
composition
of
the
election
recount
10
board
to
consist
of
the
county
commissioner
of
elections,
11
the
county
commissioner
of
elections’
staff,
and
any
persons
12
employed
by
the
county
commissioner
of
elections
to
tally
13
ballots
during
the
election.
The
bill
allows
the
apparent
14
winning
candidate
and
the
candidate
requesting
the
recount
15
to
select
not
more
than
five
persons
each
to
observe
the
16
recount.
A
recount
may
be
conducted
either
by
hand
or
by
use
of
17
automatic
tabulating
equipment,
but
not
by
both.
The
county
18
commissioner
of
elections
must
make
all
automatic
tabulating
19
equipment
available
for
use
during
the
recount.
The
bill
20
requires
the
recount
board’s
written
report
of
its
findings
to
21
be
signed
by
at
least
two-thirds
of
the
members
of
the
board.
22
The
bill
requires
a
county
commissioner
of
elections
to
23
comply
with
all
guidance
issued
by
the
state
commissioner
of
24
elections.
If
the
state
commissioner
of
elections
believes
25
that
a
recount
is
not
being
conducted
as
required
by
law,
the
26
bill
allows
the
state
commissioner
to
halt
the
recount,
take
27
custody
of
all
ballots
and
equipment
used
in
the
recount,
28
and
appoint
staff
to
conduct
the
recount.
If
the
state
29
commissioner
of
elections
believes
that
a
county
commissioner
30
of
elections
is
purposefully
conducting
a
recount
in
violation
31
of
law,
the
state
commissioner
may
impose
a
civil
penalty
on
32
the
county
commissioner
not
to
exceed
$25,000,
to
be
deposited
33
in
the
general
fund
of
the
state.
34
The
bill
changes
the
membership
of
contest
courts
for
public
35
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measures,
governor
and
lieutenant
governor,
presidential
1
electors
and
federal
officers,
state
officers,
and
county
2
officers
to
consist
of
five
district
court
judges,
appointed
3
by
the
chief
justice
of
the
supreme
court
by
January
30
of
each
4
odd-numbered
year.
The
bill
allows
the
decisions
of
contest
5
courts
for
public
measures,
governor
and
lieutenant
governor,
6
presidential
electors
and
federal
officers,
state
officers,
and
7
county
officers
to
be
appealed
to
the
supreme
court.
8
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