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STATE OF IOWA
KIM REYNOLDS
GOVERNOR
June 2, 2025
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
House File 928, an Act relating to the recounting and contesting of elections, and
providing penalties.
The above House File is hereby approved on this date.
Sincesel
Governor of Iowa
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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House File 928
AN ACT
RELATING TO THE RECOUNTING AND CONTESTING OF ELECTIONS, AND
PROVIDING PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 43.49, subsection 1, unnumbered
paragraph 1, Code 2025, is amended to read as follows:
On the Monday or Tuesday following the primary election, the
board of supervisors shall meet, open, and canvass the returns
from each voting precinct in the county, and make abstracts
thereof, stating the following:
Sec. 2. Section 43.56, subsection 2, Code 2025, is amended
by striking the subsection.
Sec. 3. Section 46.24, subsection 1, Code 2025, is amended
to read as follows:
1. A judge of the supreme court, court of appeals, or
district court including a district associate judge, full-time
associate juvenile judge, or full-time associate probate judge,
or a clerk of the district court must receive more affirmative
than negative votes to be retained in office. When the poll
is closed, the election judges shall publicly canvass the vote
forthwith. The board of supervisors shall canvass the returns
on the Monday or Tuesday after the election, and shall promptly
certify the number of affirmative and negative votes on each
judge or clerk to the state commissioner of elections.
Sec. 4. Section 50.21, subsection 1, Code 2025, is amended
to read as follows:
III
House File 928, p. 2
1. The commissioner shall reconvene the election board of
the special precinct established by section 53.20 not earlier
than noon on the second day following each election which
is required by law to be canvassed on the Monday or Tuesday
following the election. If the second day following such an
election is a legal holiday the special precinct election board
may be convened at noon on the day following the election, and
if the canvass of the election is scheduled at any time earlier
than the Menda-y Tuesday following the election, the special
precinct election board shall be reconvened at noon on the day
following the election.
Sec. 5. Section 50.24, subsections 1 and 4, Code 2025, are
amended to read as follows:
1. The county board of supervisors shall meet to canvass
the vote on the first Monday or Tuesday after the day of
each election to which this chapter is applicable, unless
the law authorizing the election specifies another date for
the canvass. If that Monday or Tuesday is a public holiday,
section 4.1, subsection 34, controls.
4. For a regular or special city election or a city runoff
election, if the city is located in more than one county, the
controlling commissioner for that city under section 47.2 shall
conduct a second canvass on the second Monday or Tuesday after
the day of the election. However, if a recount is requested
pursuant to section 50.48, the controlling commissioner shall
conduct the second canvass within two business days after the
conclusion of the recount proceedings. Each commissioner
conducting a canvass for the city pursuant to subsection 1
shall transmit abstracts for the offices and public measures of
that city to the controlling commissioner for that city, along
with individual tallies for each write-in candidate. At the
second canvass, the county board of supervisors of the county
of the controlling commissioner shall canvass the abstracts
received pursuant to this subsection and shall prepare a
combined city abstract stating the number of votes cast in the
city for each office and on each question on the ballot for
the city election. The combined city abstract shall further
indicate the name of each person who received votes for each
office on the ballot, the number of votes each person named
House File 928, p. 3
received for that office, and the number of votes for and
against each question submitted to the voters at the election.
The votes of all write-in candidates who each received less
than five percent of the total votes cast in the city for
an office shall be reported collectively under the heading
" scattering".
Sec. 6. Section 50.24, subsection 5, paragraph a, Code 2025,
is amended to read as follows:
a. For a regular or special school election, if the school
district is located in more than one county, the controlling
commissioner for that school district under section 47.2 shall
conduct a second canvass on the second Monday or Tuesday after
the day of election. However, if a recount is requested
pursuant to section 50.48, the controlling commissioner shall
conduct the second canvass within two business days after the
conclusion of the recount proceedings. Each commissioner
conducting a canvass for the school district pursuant to
subsection 1 shall transmit abstracts for the offices and
public measures of that school district to the controlling
commissioner for that school district, along with individual
tallies for each write-in candidate. At the second canvass the
county board of supervisors of the controlling county shall
canvass the abstracts received pursuant to this subsection and
shall prepare a combined school district abstract stating the
number of votes cast in the school district for each office and
on each question on the ballot for the school election. The
combined school district abstract shall further indicate the
name of each person who received votes for each office on the
ballot, the number of votes each person named received for that
office, and the number of votes for and against each question
submitted to the voters at the election. The votes of all
write-in candidates who each received less than five percent of
the total votes cast in the school district for an office shall
be reported collectively under the heading - scattering".
Sec. 7. Section 50.48, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2025, is amended to read as
follows:
T-hre Except as provided in paragraph " c"", the county board
of canvassers shall order a recount of the votes cast for
House File 928, p. 4
a particular office or nomination in one or more specified
each election precincts in that county precinct where a vote
was cast for an office if a written request for a recount is
made not later than 5:00 p.m. on the third day following the
county board's canvass of the election in question and the
abstracts prepared pursuant to section 50.24, or section 43.49
in the case of a primary election, indicate that the difference
between the total number of votes cast for the apparent winner
and the total number of votes cast for the candidate requesting
the recount is less than either one percent or fifty votes,
whichever is lesser. For a city runoff election held pursuant
to section 376.9, the written request must be made not later
than 5:00 p.m. on the day following the county board's canvass
of the city runoff election. The request shall be filed with
the commissioner of that county and shall be signed by either
of the following:
Sec. 8. Section 50.48, subsection 1, Code 2025, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. c. The state commissioner of elections
shall order a recount of the votes cast for the election or
nomination of a candidate for a statewide elected office,
member of the general assembly, or federal office in each
precinct where a vote was cast for the office if a written
request for a recount is made not later than 5:00 p.m. on the
day following the county board's canvass of the election in
question and the abstracts prepared pursuant to section 50.24,
or section 43.49 in the case of a primary election, indicate
that the difference between the total number of votes cast
for the apparent winner and the total number of votes cast
for the candidate requesting the recount is less than fifteen
hundredths of one percent for the election or nomination of a
candidate for a statewide elected office or federal office,
or less than either one percent or fifty votes, whichever is
lesser, for all other elections or nominations. Immediately
upon receipt of a request for a recount pursuant to this
paragraph, the state commissioner of elections shall send a
copy of the request to each commissioner of a county where a
ballot for the office was cast, who shall conduct a recount
as provided by this section and on such date as the state
House File 928, p. 5
commissioner of elections may direct. The state commissioner
of elections shall order the start of a recount pursuant to
this paragraph within seven days of receipt by the state
commissioner of elections of the request for a recount. P_
candidate for an office filled by the electors of the entire
state shall not be required to pay more than one bond for a
recount.
NEW PARAGRAPH. d. Immediately upon receipt of a request
for a recount for an office filled by the electors of more than
one county, other than from the state commissioner of elections
pursuant to paragraph - c - , the commissioner shall send a copy of
the request to each commissioner of a county where a ballot for
the office was cast, who shall conduct a recount as provided in
this section.
Sec. 9. Section 50.48, subsection 2, Code 2025, is amended
by striking the subsection.
Sec. 10. Section 50.48, subsections 3 and 4, Code 2025, are
amended to read as follows:
3. a. The recount shall be conducted by a board which shall
consist of--
r
be named in the written requeot when it i3 filed.
be nafRed--by, that eanddidate at be€ere th- c time the board is
required to convene.
under 3ubparagraph3 ( 1) and ( 2) the commissioner and the
commissioner's staff. The commissioner may assign persons
employed by the commissioner to tally ballots during the
election as members of the recount board. If the commissioner
assigns persons employed by the commissioner to tally ballots
during the election as members of the recount board to recount
an election for a partisan office, the commissioner shall
assign an equal number of persons from each political party.
b. The commissioner shall convene the persons designated
under paragraph " a - , subparagraph3 ( 1) and ( 2), not later
than 9:00 a.m. on the seventh day following the county
board's canvass receipt of a request for the recount of the
election in question. if these—twe r- o
9
House File 928, p. 6
eanvass, they shall immediately se netify the chief judge of
shall a-ppeint the third — m-efab e r net later than 5:00 p.m. on t h e
e-1 evcnth day following the anva33.
c. The candidate requesting the recount and the apparent
winning candidate of the office subject to the recount may
select not more than five persons to observe the conduct of the
recount in each county where the recount is being conducted. A
candidate may replace an observer appointed by the candidate
at any time.
4. a. When all members of the recount board have been
3cicctcd convened, the board shall undertake and complete the
required recount as expeditiously as reasonably possible. The
commissioner or the commissioners designee shall supervise the
handling of ballots to ensure that the ballots are protected
from alteration or damage. The board Shall open only the
reeeunted in the request er by the reeeunt beard. The board
shall recount all ballots which were voted and counted
for the office in question, including any disputed ballots
returned as required in section 50.5. If automatic tabulating
equ±pment was used t- e eeunt the ballets, the eeunt word
may request the eemm±ss±ener- te retabulate the ballets usinq
the automatic tabulating equipment. The same program used
for tabulating the votes on election day shall be used at the
recount unless the program is believed or known to be flawed. A
recount shall be conducted by the use of automatic tabulating
equipment, except that the state commissioner, for an election
for a member of the general assembly, or commissioner, for a
local elective office, may direct that an election be conducted
by hand due to extraordinary circumstances. The same method
of conducting the recount shall be used in each precinct where
the recount is conducted. The commissioner shall make all
pieces of automatic tabulating equipment available for use in
the recount. For purposes of this paragraph, - extraordinary
circumstances" includes but is not limited to a machine failure
during an initial recount, a discrepancy between the results
of the initial count and the results of the initial recount,
House File 928, p. 7
and the number of overvotes for an office exceeding the
difference between the number of votes received by the apparent
winning candidate for that office and the votes received by the
candidate who received the second highest number of votes for
that office.
b. Any member of the recount board may at any time during
the reeeunt preeeedings extend thereeeunt-ef votes east fer
reported to the commissioner re3pon3ible for conducting the
e: b. The ballots shall be resealed by the recount board
before adjournment and shall be preserved as required by
section 50.12. At the conclusion of the recount, the recount
board shall make and file with the commissioner a written
report of its findings, which shall be signed by at least t- we
two-thirds of the members of the recount board. The recount
board shall complete the recount and file its report not later
than the eighteenth day following the
commissioner's receipt of a request for the recount of the
election in question.
Sec. 11. Section 50.48, Code 2025, is amended by adding the
following new subsections:
NEW SUBSECTION. 9. a. The recount board shall comply with
all guidance issued by the state commissioner of elections
pursuant to section 47.1 during the conduct of a recount. The
state commissioner may halt a recount in a county, take custody
of all ballots and equipment used in the recount, and appoint
staff to conduct a recount if the state commissioner believes
that a recount is not being conducted as required by law.
b, If the state commissioner believes that a commissioner
is purposefully conducting a recount in violation of law,
the state commissioner may impose a civil penalty on the
commissioner not to exceed twenty-five thousand dollars, to be
deposited in the general fund of the state.
NEW SUBSECTION. 10. Before a recount board has issued its
final report, the candidate or person who requested the recount
may reach an agreement with the apparent winner to accept the
results of the original canvass by submitting the agreement in
House File 928, p. 8
writing to each recount board that is conducting the recount.
Upon receipt of the agreement, the recount boards shall cease
their work and report to each county commissioner in a county
where the recount is being conducted that the results of the
original canvass are the official results.
Sec. 12. Section 50.49, subsection 1, Code 2025, is amended
to read as follows:
1. A recount for any public measure shall be ordered by the
board of canvassers if a petition requesting a recount is filed
with the state commissioner for a public measure voted on by
the electors of the entire state, or the county commissioner
for all other public measures, not later than three days after
the completion of the canvass of votes for the election at
which the question appeared on the ballot and the abstracts
prepared pursuant to section 50.24 indicate that the difference
between the affirmative and negative votes cast on the public
measure is less than fifteen hundredths of one percent for a
public measure voted on by the electors of the entire state,
or less than either one percent or fifty votes, whichever is
lesser, for all other public measures. The petition shall be
signed by the greater of not less than ten eligible electors or
a number of eligible electors equaling one percent of the total
number of votes cast upon the public measure. Each petitioner
must be a person who was entitled to vote on the public measure
in question or would have been so entitled if registered to
vote.
Sec. 13. Section 50.49, subsection 4, Code 2025, is amended
by striking the subsection.
Sec. 14. Section 50.50, Code 2025, is amended to read as
follows:
50.50 Administrative rccounts audits.
1. The commissioner who was responsible for conducting an
election may request an administrative rccount audit when the
commissioner is informed or suspects that voting equipment used
in the election malfunctioned or that programming errors may
have affected the outcome of the election, or if the precinct
election officials report counting errors to the commissioner
after the conclusion of the canvass of votes in the precinct.
An administrative rccount audit shall be conducted by the board
House File 928, p. 9
of the special precinct established by section 53.23. Bond
shall net be required fer an — administrative -- reeeunt--. The
state commissioner may adopt rules for administrative recounts
audits.
2. if the r-eeeu•nt beard finds that there is an errer
in the pregramffling ef an veting equipment whieh may have
ffleasu=re—enn the ballet, he reeetint- beard shalld-eseribe the
r. The commissioner
Shall notify the board of 3upervi3or3. The 3upervisors Shall
determine whether to erder an administrative reeeunt fer any
or all of the offices and public m a3ures on the ballot. Each
political party, as defined in section 43.2, may appoint up
to five observers to witness an audit conducted pursuant to
this section. The observers shall be appointed by the county
chairperson or, if the county chairperson fails to make an
appointment, by the state chairperson. However, if either or
both political parties fail to appoint an observer, the board
may continue with the proceedings.
Sec. 15. Section 57.7, Code 2025, is amended to read as
follows:
57.7 Contest court for contest of public measure — appeal.
The court for the trial of a contested election on a
public measure shall consist of one per3on designated by
be designated in writing— b by e petitieners at t h .. time
the filed,eentest is one persen designated by the eeunty
commi33ioncr of election3 to rcpre3cnt the intcre3ts advcr3c
to tho3e of the petitioners, and a third per3on who 3hall be
conte3t i3 filed shall appoint a third per3on to serve five
district court judges, appointed by the chief justice of the
supreme court by January 30 of each odd- numbered year. The
decision of the contest court may be appealed to the supreme
court.
Sec. 16. Section 58.7, Code 2025, is amended to read as
House File 928, p. 10
follows:
58.7 Judgment.
The judgment of the committee pronounced in the final
decision on the election shams—bc conclu3ive may be appealed to
the supreme court.
Sec. 17. Section 60.1, Code 2025, is amended to read as
follows:
60.1 Court of contest.
The court for the trial of contested elections for
presidential electors or for the office of senator or
representative in Congress shall consist of the chief ju3ticc
court, and four five judges of the district court to be
selected by the chief justice of the supreme court by January
30 of each odd- numbered year, two three of whom, with the chief
j-u3ticc, shall constitute a quorum for the transaction of the
business of the court. if the eh±ef justiee sheuld fer any
eause be unable te attend at the trial, the Judge lengest en
justiee, and any quest±en arising as te the membership ef th- e
eeur t shall be 7 determined by the members of the t net
interested in the question The district court judge longest
serving shall be the presiding judge of the court.
Sec. 18. Section 60.2, Code 2025, is amended to read as
follows:
60.2 Clerk.
The secretary of 3tatc clerk of the supreme court shall be
the clerk of the court, or, in the secretary of state's ab3cnco
er inability te aet, the cleric of the suprcme court.
Sec. 19. Section 60.6, Code 2025, is amended to read as
follows:
60.6 Judgment — appeal.
The judgment of the court shall determine which of the
parties to the action is entitled to hold the office and shall
be authenticated by the presiding judge and clerk of the court
and filed with the secretary of state; and the judgment so
rendered shall eenstitäte-a-final dete minatien ef -t the tree
to the office may be appealed to the supreme court, and a
certificate of appointment shall be issued to the successful
House File 928, p. 11
party.
Sec. 20. Section 61.1, Code 2025, is amended to read as
follows:
61.1 Contest court.
The court for the trial of contested state offices, except
that of governor and lieutenant governor, shall consist of
three five district judges, not interested, who shall be
selected by the chief justice of the supreme court.
Sec. 21. Section 61.2, Code 2025, is amended to read as
follows:
61.2 Clerk.
The occrctary of state clerk of the supreme court shall be
the clerk of this court; but if the person holding that office
a:9 a party te the , . er,
in case of that person " 3 ab3cnce or inability, the auditor of
otate shall be clerk.
Sec. 22. Section 61.4, Code 2025, is amended to read as
follows:
61.4 Selection of court.
Upon the filing of such 3tatcmcnt, the The chief justice of
the supreme court shall select the membership of the court to
try such conte3t by January 30 of each odd- numbered year, and
immediately certify such selection to the clerk of the supreme
court. Vacancies shall also be filled by the chief justice.
Sec. 23. Section 61.12, Code 2025, is amended to read as
follows:
61.12 Judgment filed — execution.
A transcript of the judgment rendered by such court, filed
in the office of the clerk of the supreme court, shall have the
force and effect of a judgment of the supreme court, except
that the judgment of the court may be appealed to the supreme
court, and execution may issue therefrom in the first instance
against the party's property generally.
Sec. 24. Section 62.1A, Code 2025, is amended to read as
follows:
62.1A Contest court established.
The court for the trial of contested county elections shall
consist of
House File 928, p. 12
desi g nat e t h e s e e e- n- d— me m b e r within eire - S+ ee e k after the L• i e f
judge is tified These — t:atie—members shall meet within thre-e
days and 3cicct a third member to 3crve as the presiding member
of the ee they etagree—en the — third- - member em -h- e
court within three days a-ftcr their initial meeting, the chief
judge-ef the- Judie al disciiemssThrall be—netifrcd—ef the fa ilure
te agree. The ehief judge shall des-gnate the presidding member
within ene week after the ehief judge is netified a district
court judge from the judicial district where the county
election is being contested, appointed by the chief justice of
the supreme court by January 30 of each odd- numbered year.
Sec. 25. Section 62.20, Code 2025, is amended to read as
follows:
62.20 Appeal.
The party against whom judgment is rendered may appeal
within twenty days to the district supreme court, but, if
the party be in possession of the office, such appeal will
not supersede the execution of the judgment of the court as
provided in section 62.19, unless the party gives a bond, with
security to be approved by the district judge supreme court in
a sum to be fixed by the judge supreme court, and which shall be
at least double the probable compensation of such officer for
six months, which bond shall be conditioned that the party will
prosecute the appeal without delay, and that, if the judgment
appealed from be affirmed, the party will pay over to the
successful party all compensation received by the party while
in possession of said office after the judgment appealed from
was rendered. The court shall hear the appeal in equity and
determine anew all questions arising in the case.
Sec. 26. Section 62.21, Code 2025, is amended to read as
follows:
62.21 Judgment.
If, upon appeal, the judgment is affirmed, the district
supreme court may render judgment upon the bond for the amount
of damages, against the appellant and the sureties thereon.
Sec. 27. Section 260C.15, subsection 5, Code 2025, is
amended to read as follows:
House File 928, p. 13
5. The votes cast in the election shall be canvassed and
abstracts of the votes cast shall be certified as required by
section 277.20. In each county whose commissioner of elections
is the controlling commissioner for a merged area under section
47.2, the county board of supervisors shall convene on the
second Monday or Tuesday after the day of the election to
canvass the abstracts of votes cast from each county in the
merged area, and declare the results of the voting. The
commissioner shall at once issue certificates of election to
each person declared elected, and shall certify to the merged
area board in substantially the manner prescribed by section
50.27 the result of the voting on any public question submitted
to the voters of the merged area. Members elected to the board
of directors of a merged area shall qualify by taking the oath
of office prescribed in section 277.28.
PAT GRASSL
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 928, Ninety-first General Assembly.
Approve jif" ?/ , 2025
•0/'14ML/•_ MEGINN NELSON
Chief Clerk
Governor
KIM REYNOLDS