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Senate
File
540
-
Introduced
SENATE
FILE
540
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1175)
A
BILL
FOR
An
Act
relating
to
the
administration
of
elections.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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1422SV
(1)
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540
Section
1.
Section
39A.7,
Code
2025,
is
amended
to
read
as
1
follows:
2
39A.7
Election
misconduct
——
investigation.
3
1.
The
attorney
general
county
sheriff,
or
other
law
4
enforcement
agency
with
jurisdiction,
shall
investigate
5
allegations
of
election
misconduct
reported
to
the
attorney
6
general.
Election
misconduct
by
an
election
official
shall
7
also
be
investigated
for
prosecution
under
chapter
721
.
8
2.
Upon
the
completion
of
an
investigation
required
by
9
this
section
,
the
attorney
general
county
sheriff,
or
other
10
law
enforcement
agency
with
jurisdiction,
shall
submit
the
11
results
of
the
investigation
,
including
the
report
from
the
12
law
enforcement
agency,
to
the
attorney
general
and
the
state
13
commissioner
,
and
the
attorney
general
shall
explain
whether
14
the
attorney
general
will
pursue
charges.
Any
information
that
15
is
requested
by
or
in
the
possession
of
the
state
commissioner
16
pursuant
to
this
chapter
remains
a
confidential
record
pursuant
17
to
section
22.7,
subsection
5.
18
Sec.
2.
Section
43.18,
subsection
9,
Code
2025,
is
amended
19
to
read
as
follows:
20
9.
A
statement
that
the
candidate
is
aware
that
the
21
candidate
is
disqualified
from
holding
office
if
the
candidate
22
has
been
convicted
of
a
felony
or
other
infamous
crime
and
23
the
candidate’s
rights
have
not
been
restored
by
the
governor
24
or
by
the
president
of
the
United
States.
This
subsection
25
does
not
apply
to
candidates
for
federal
office.
The
state
26
commissioner
shall
prescribe
a
separate
affidavit
of
candidacy
27
for
candidates
for
federal
office.
28
Sec.
3.
Section
43.67,
subsection
2,
paragraph
i,
Code
2025,
29
is
amended
to
read
as
follows:
30
i.
A
statement
that
the
candidate
is
aware
that
the
31
candidate
is
disqualified
from
holding
office
if
the
candidate
32
has
been
convicted
of
a
felony
or
other
infamous
crime
and
33
the
candidate’s
rights
have
not
been
restored
by
the
governor
34
or
by
the
president
of
the
United
States.
This
paragraph
35
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does
not
apply
to
candidates
for
federal
office.
The
state
1
commissioner
shall
prescribe
a
separate
affidavit
of
candidacy
2
for
candidates
for
federal
office.
3
Sec.
4.
Section
44.3,
subsection
2,
paragraph
i,
Code
2025,
4
is
amended
to
read
as
follows:
5
i.
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
8
the
candidate’s
rights
have
not
been
restored
by
the
governor
9
or
by
the
president
of
the
United
States.
This
paragraph
10
does
not
apply
to
candidates
for
federal
office.
The
state
11
commissioner
shall
prescribe
a
separate
affidavit
of
candidacy
12
for
candidates
for
federal
office.
13
Sec.
5.
Section
45.3,
subsection
9,
Code
2025,
is
amended
14
to
read
as
follows:
15
9.
A
statement
that
the
candidate
is
aware
that
the
16
candidate
is
disqualified
from
holding
office
if
the
candidate
17
has
been
convicted
of
a
felony
or
other
infamous
crime
and
18
the
candidate’s
rights
have
not
been
restored
by
the
governor
19
or
by
the
president
of
the
United
States.
This
subsection
20
does
not
apply
to
candidates
for
federal
office.
The
state
21
commissioner
shall
prescribe
a
separate
affidavit
of
candidacy
22
for
candidates
for
federal
office.
23
Sec.
6.
Section
47.1,
subsections
1,
6,
7,
and
8,
Code
2025,
24
are
amended
to
read
as
follows:
25
1.
The
secretary
of
state
is
designated
as
the
state
26
commissioner
of
elections
and
shall
supervise
the
activities
of
27
the
county
commissioners
of
elections.
There
is
established
28
within
the
office
of
the
secretary
of
state
a
division
of
29
elections
which
shall
be
under
the
direction
of
the
state
30
commissioner
of
elections.
The
state
commissioner
of
31
elections
may
appoint
a
person
to
be
in
charge
of
the
division
32
of
elections
who
shall
perform
the
duties
assigned
by
the
33
state
commissioner
of
elections.
The
state
commissioner
of
34
elections
shall
prescribe
uniform
election
practices
and
35
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procedures,
shall
prescribe
the
necessary
forms
required
1
for
the
conduct
of
elections,
shall
assign
a
number
to
each
2
proposed
constitutional
amendment
and
statewide
public
measure
3
for
identification
purposes,
and
shall
adopt
rules
,
pursuant
to
4
chapter
17A
,
to
carry
out
this
section
.
The
state
commissioner
5
of
elections
may
issue
guidance
and
directives
that
is
are
not
6
subject
to
the
rulemaking
process
to
clarify
election
laws
and
7
rules.
8
6.
The
state
commissioner
may,
at
the
state
commissioner’s
9
discretion,
examine
the
records
of
a
commissioner
to
evaluate
10
complaints
and
to
ensure
compliance
with
the
provisions
of
11
chapters
39
through
53
.
This
examination
shall
include
but
not
12
be
limited
to
assessments
conducted
or
authorized
by
private
or
13
government
entities
to
evaluate
a
county’s
security
readiness
14
for
elections-related
technology
or
physical
facilities.
The
15
state
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
to
16
require
a
commissioner
to
provide
written
explanations
related
17
to
examinations
conducted
pursuant
to
this
subsection
.
Any
18
information
that
is
requested
by
or
in
the
possession
of
the
19
state
commissioner
pursuant
to
this
chapter
shall
not
lose
its
20
confidential
status
pursuant
to
section
22.7
,
subsection
50
.
21
7.
The
state
commissioner
may
share
information
a
county
22
provides
to
an
appropriate
government
agency
to
safeguard
23
against
cybersecurity
or
physical
threats.
A
county
24
commissioner
of
elections
shall
notify
the
state
commissioner
25
when
the
county
commissioner’s
office
is
involved
in
physical
26
or
cybersecurity
assessments
performed
by
a
federal
or
state
27
agency
or
other
entity.
28
8.
The
state
commissioner
may
adopt
rules
pursuant
to
29
chapter
17A
to
create
minimum
security
protocols
applicable
30
to
county
commissioners
of
elections
and
vendors
utilized
31
by
the
state
commissioner
and
county
commissioners
of
32
elections
.
If
a
county
fails
to
adhere
to
these
protocols,
33
the
state
commissioner
may
limit
access
to
the
statewide
voter
34
registration
system.
If
a
vendor
fails
to
adhere
to
these
35
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protocols,
the
state
commissioner
may
limit
access
to
election
1
infrastructure.
2
Sec.
7.
Section
47.2,
subsection
1,
Code
2025,
is
amended
3
to
read
as
follows:
4
1.
The
county
auditor
of
each
county
is
designated
as
the
5
county
commissioner
of
elections
in
each
county.
The
county
6
commissioner
of
elections
shall
conduct
voter
registration
7
pursuant
to
chapter
48A
and
conduct
all
elections
within
the
8
county.
The
county
commissioner
of
elections
does
not
possess
9
home
rule
powers
with
respect
to
the
exercise
of
powers
or
10
duties
related
to
the
conduct
of
elections
prescribed
by
11
statute
or
rule,
or
guidance
or
directives
issued
pursuant
to
12
section
47.1
.
13
Sec.
8.
Section
49.25,
subsection
1,
Code
2025,
is
amended
14
to
read
as
follows:
15
1.
The
commissioner
shall
determine
pursuant
to
section
16
49.26,
subsection
2
,
in
advance
of
an
election
whether
ballots
17
voted
in
that
election
shall
be
counted
by
automatic
tabulating
18
equipment
or
by
precinct
election
officials.
If
automatic
19
tabulating
equipment
will
be
used,
the
commissioner
shall
20
furnish
voting
equipment
for
use
by
voters
with
disabilities.
21
Sec.
9.
Section
49.26,
Code
2025,
is
amended
to
read
as
22
follows:
23
49.26
Commissioner
to
decide
method
Methods
of
voting
——
24
counting
of
ballots
.
25
1.
In
all
elections
regulated
by
this
chapter
,
the
voting
26
shall
be
by
paper
ballots
printed
and
distributed
as
provided
27
by
law,
or
by
voting
systems
meeting
the
requirements
of
28
chapter
52
.
29
2.
a.
The
commissioner
shall
determine
in
advance
of
each
30
election
conducted
for
a
city
of
three
thousand
five
hundred
or
31
less
population
or
for
any
school
district
whether
the
ballots
32
will
be
counted
by
automatic
tabulating
equipment
or
by
the
33
precinct
election
officials.
In
making
such
a
determination,
34
the
commissioner
shall
consider
voter
turnout
for
recent
35
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540
similar
elections
and
factors
considered
likely
to
affect
voter
1
turnout
for
the
forthcoming
election.
2
b.
If
the
commissioner
concludes,
pursuant
to
paragraph
“a”
,
3
that
voting
will
probably
be
so
light
as
to
make
counting
of
4
ballots
by
the
precinct
election
officials
less
expensive
than
5
preparation
and
use
of
automatic
tabulating
equipment,
paper
6
ballots
may
be
used,
subject
to
paragraph
“c”
.
If
paper
ballots
7
are
used,
the
commissioner
shall
use
ballots
and
instructions
8
similar
to
those
used
when
the
ballots
are
counted
by
automatic
9
tabulating
equipment.
10
c.
Notwithstanding
a
determination
by
the
commissioner
11
pursuant
to
paragraph
“b”
,
upon
receipt
of
a
petition
signed
by
12
not
less
than
one
hundred
eligible
electors,
the
commissioner
13
shall
count
the
ballots
at
an
election
described
in
paragraph
14
“a”
using
automatic
tabulating
equipment.
A
petition
filed
15
under
this
paragraph
must
be
received
by
the
commissioner
16
not
later
than
5:00
p.m.
on
the
forty-second
day
before
the
17
election.
18
Sec.
10.
NEW
SECTION
.
49.29
Electronic
election
register
19
and
poll
book.
20
1.
The
commissioner
may
use
an
electronic
election
register
21
or
election
poll
book
in
lieu
of
a
paper
register
or
poll
book
22
if
the
electronic
election
register
or
poll
book
is
a
product
23
that
has
been
certified
for
use
in
this
state
by
the
state
24
commissioner.
25
2.
The
state
commissioner
shall
adopt
rules
pursuant
to
26
chapter
17A
for
certification
standards
for
electronic
election
27
registers
and
election
poll
books.
The
certification
standards
28
must
include
operational
and
security
standards.
29
Sec.
11.
Section
50.24,
subsection
3,
Code
2025,
is
amended
30
to
read
as
follows:
31
3.
The
board
shall
certify
an
election
canvass
summary
32
report
prepared
by
the
commissioner.
The
election
canvass
33
summary
report
shall
include
the
results
of
the
election,
34
including
scatterings,
overvotes,
and
undervotes,
by
precinct
35
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540
for
each
contest
and
public
measure
that
appeared
on
the
ballot
1
of
the
election
being
canvassed.
However,
if
paper
ballots
are
2
used
pursuant
to
section
49.26
,
the
election
canvass
summary
3
report
shall
not
include
overvotes
and
undervotes.
4
Sec.
12.
Section
50.50,
Code
2025,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3.
The
state
commissioner
may,
at
the
state
7
commissioner’s
discretion,
call
for
a
recount
of
any
election
8
and
advise
recount
boards
convened
pursuant
to
this
chapter.
9
Sec.
13.
Section
52.1,
subsection
1,
Code
2025,
is
amended
10
to
read
as
follows:
11
1.
At
all
elections
conducted
under
chapter
49
,
and
at
12
any
other
election
unless
the
commissioner
directs
otherwise
13
pursuant
to
section
49.26
,
votes
shall
be
cast,
registered,
14
recorded,
and
counted
by
means
of
optical
scan
voting
systems,
15
in
accordance
with
this
chapter
.
16
Sec.
14.
Section
54.5,
Code
2025,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
5.
An
objection
to
a
nomination
made
under
19
this
section
on
any
grounds
other
than
the
legal
sufficiency
20
of
the
certificate
of
nomination
shall
not
be
sustained.
The
21
certificate
of
nomination
shall
be
presumed
valid.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
administration
of
elections.
26
The
bill
assigns
responsibility
for
investigating
election
27
misconduct
reported
to
the
attorney
general
to
the
county
28
sheriff
or
other
law
enforcement
agency
with
jurisdiction.
29
Upon
completion
of
the
investigation,
the
bill
requires
the
law
30
enforcement
agency
to
report
the
results
of
the
investigation
31
to
the
attorney
general,
in
addition
to
the
state
commissioner
32
of
elections
as
required
under
current
law.
Information
in
33
the
possession
of
or
requested
by
the
state
commissioner
of
34
elections
as
part
of
an
investigation
remains
a
confidential
35
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540
record.
1
The
bill
specifies
that
candidates
for
federal
office
are
2
not
required
to
affirm
on
an
affidavit
of
candidacy
that
the
3
candidate
is
aware
that
the
candidate
is
disqualified
from
4
holding
office
if
the
candidate
has
been
convicted
of
a
felony
5
or
other
infamous
crime
and
the
candidate’s
rights
have
not
6
been
restored
by
the
governor
or
by
the
president
of
the
United
7
States.
The
bill
directs
the
state
commissioner
of
elections
8
to
create
new
forms
to
be
used
by
candidates
for
federal
9
office.
10
The
bill
allows
the
state
commissioner
of
elections
to
11
issue
directives
that
are
not
subject
to
the
administrative
12
rulemaking
process
to
clarify
election
laws
and
rules.
13
The
bill
broadens
the
scope
of
records
held
by
a
county
14
commissioner
of
elections
that
the
state
commissioner
of
15
elections
may
examine
to
ensure
compliance
with
requirements
16
relating
to
the
conduct
of
elections.
The
bill
requires
17
a
county
commissioner
of
elections
to
inform
the
state
18
commissioner
of
elections
if
the
county
commissioner’s
office
19
is
involved
in
physical
or
cybersecurity
assessments
performed
20
by
a
federal
or
state
agency
or
other
entity.
The
bill
21
allows
commissioners
of
elections
to
adopt
minimum
security
22
protocols
that
must
be
complied
with
by
vendors
utilized
by
23
the
commissioners
of
elections
and
to
limit
access
to
election
24
infrastructure
if
a
vendor
does
not
comply
with
the
security
25
protocols.
26
The
bill
strikes
a
provision
allowing
a
county
commissioner
27
of
elections
to
choose
whether
to
use
automatic
tabulating
28
equipment
in
certain
elections
and
makes
conforming
changes.
29
The
bill
allows
a
county
commissioner
of
elections
to
use
an
30
electronic
election
register
or
poll
book
in
lieu
of
a
paper
31
register
or
poll
book
if
the
electronic
election
register
or
32
poll
book
is
a
product
that
has
been
certified
for
use
in
the
33
state
by
the
state
commissioner
of
elections.
The
bill
directs
34
the
state
commissioner
of
elections
to
adopt
rules
regarding
35
-7-
LSB
1422SV
(1)
91
ss/ns
7/
8
S.F.
540
electronic
election
registers
and
poll
books,
which
must
1
include
operational
and
security
standards.
2
The
bill
allows
the
state
commissioner
of
elections
to
call
3
for
a
recount
of
any
election
and
advise
recount
boards.
4
The
bill
limits
objections
that
may
be
made
to
the
validity
5
of
presidential
nominees
to
the
legal
sufficiency
of
the
6
certificate
of
nomination.
Certificates
of
nomination
shall
7
be
presumed
valid.
8
-8-
LSB
1422SV
(1)
91
ss/ns
8/
8