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Senate
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541
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Introduced
SENATE
FILE
541
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1130)
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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541
Section
1.
Section
9E.6,
subsection
3,
paragraph
b,
1
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
2
(1)
The
state
commissioner
of
elections
shall,
upon
3
the
written
request
of
a
party
to
the
contest,
certify
the
4
eligibility
of
a
program
participant
to
vote
or
the
validity
5
of
a
program
participant’s
absentee
ballot.
A
written
request
6
submitted
under
this
paragraph
“b”
must
contain
the
voter
7
voter’s
four-digit
personal
identification
number
affixed
to
8
the
program
participant’s
absentee
ballot.
9
Sec.
2.
Section
39.2,
subsection
1,
paragraph
a,
Code
2025,
10
is
amended
to
read
as
follows:
11
a.
All
special
elections
which
are
authorized
or
required
12
by
law,
unless
the
applicable
law
otherwise
requires,
shall
13
be
held
on
Tuesday.
A
special
election
shall
not
be
held
on
14
the
first,
second,
third,
and
fourth
Tuesdays
preceding
and
15
following
the
primary
and
the
general
elections
or
on
the
16
first,
second,
and
third
Tuesdays
preceding
and
following
a
17
city
or
school
election
.
18
Sec.
3.
Section
43.49,
subsection
1,
unnumbered
paragraph
19
1,
Code
2025,
is
amended
to
read
as
follows:
20
On
the
Monday
or
Tuesday
following
the
primary
election,
the
21
board
of
supervisors
shall
meet,
open,
and
canvass
the
returns
22
from
each
voting
precinct
in
the
county,
and
make
abstracts
23
thereof,
stating
the
following:
24
Sec.
4.
Section
46.24,
subsection
1,
Code
2025,
is
amended
25
to
read
as
follows:
26
1.
A
judge
of
the
supreme
court,
court
of
appeals,
or
27
district
court
including
a
district
associate
judge,
full-time
28
associate
juvenile
judge,
or
full-time
associate
probate
judge,
29
or
a
clerk
of
the
district
court
must
receive
more
affirmative
30
than
negative
votes
to
be
retained
in
office.
When
the
poll
31
is
closed,
the
election
judges
shall
publicly
canvass
the
vote
32
forthwith.
The
board
of
supervisors
shall
canvass
the
returns
33
on
the
Monday
or
Tuesday
after
the
election,
and
shall
promptly
34
certify
the
number
of
affirmative
and
negative
votes
on
each
35
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S.F.
541
judge
or
clerk
to
the
state
commissioner
of
elections.
1
Sec.
5.
Section
48A.26A,
subsection
2,
Code
2025,
is
amended
2
to
read
as
follows:
3
2.
If
the
acknowledgment
is
returned
as
undeliverable
by
4
the
postal
service,
the
commissioner
shall
attempt
to
contact
5
the
voter
by
forwardable
mail.
If
a
response
is
not
received
6
from
the
voter
within
fourteen
days
after
the
notice
is
mailed,
7
the
commissioner
shall
change
the
status
of
the
registration
8
to
inactive
status
and
shall
immediately
notify
the
state
9
registrar
of
voters
,
the
county
sheriff,
and
the
county
10
attorney.
11
Sec.
6.
Section
48A.37,
subsection
1,
Code
2025,
is
amended
12
to
read
as
follows:
13
1.
Voter
registration
records
,
including
voter
registration
14
forms,
shall
be
maintained
in
an
electronic
medium
on
the
15
statewide
voter
registration
system
.
A
history
of
local
16
election
participation
shall
be
maintained
as
part
of
the
17
electronic
record
for
at
least
two
general,
primary,
school,
18
and
city
elections.
Absentee
voting
shall
be
recorded
for
19
the
previous
two
general
and
primary
elections.
After
each
20
election,
the
county
commissioner
shall
update
telephone
21
numbers
provided
by
registered
voters
pursuant
to
section
22
49.77
.
23
Sec.
7.
Section
50.9,
Code
2025,
is
amended
to
read
as
24
follows:
25
50.9
Return
of
ballots
not
voted.
26
Ballots
not
voted,
or
spoiled
by
voters
while
attempting
27
to
vote,
shall
be
returned
by
the
precinct
election
officials
28
to
the
commissioner,
and
a
receipt
taken
for
the
ballots.
29
The
spoiled
ballots
shall
be
preserved
for
twenty-two
months
30
following
elections
for
federal
offices
and
for
six
months
31
following
elections
for
all
other
offices
.
The
commissioner
32
shall
record
the
number
of
ballots
sent
to
the
polling
places
33
but
not
voted.
The
ballots
not
voted
shall
be
destroyed
after
34
the
end
of
the
period
for
contesting
the
election.
However,
35
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if
a
contest
is
requested,
the
ballots
not
voted
shall
be
1
preserved
until
the
election
contest
is
concluded.
2
Sec.
8.
Section
50.11,
subsection
2,
Code
2025,
is
amended
3
by
striking
the
subsection.
4
Sec.
9.
Section
50.12,
Code
2025,
is
amended
to
read
as
5
follows:
6
50.12
Return
and
preservation
of
ballots.
7
Immediately
after
making
the
proclamation,
and
before
8
separating,
the
board
members
of
each
precinct
in
which
votes
9
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
10
or
other
container
all
ballots
which
have
been
counted
by
them,
11
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
12
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
13
of
all
board
members
of
the
precinct
shall
be
placed
across
14
the
seal
or
the
opening
of
the
container
so
that
it
cannot
15
be
opened
without
breaking
the
seal.
The
precinct
election
16
officials
shall
return
all
the
ballots
to
the
commissioner,
17
who
shall
carefully
preserve
them
for
six
twenty-two
months.
18
Ballots
from
elections
for
federal
offices
shall
be
preserved
19
for
twenty-two
months.
The
sealed
packages
containing
voted
20
ballots
shall
be
opened
only
for
an
official
recount
authorized
21
by
section
50.48
,
50.49
,
or
50.50
,
for
an
election
contest
22
held
pursuant
to
chapters
57
through
62
,
to
conduct
an
audit
23
pursuant
to
section
50.51
,
or
to
destroy
the
ballots
pursuant
24
to
section
50.19
.
25
Sec.
10.
Section
50.19,
subsection
1,
Code
2025,
is
amended
26
to
read
as
follows:
27
1.
The
commissioner
may
destroy
precinct
election
28
registers,
the
declarations
of
eligibility
signed
by
voters,
29
and
other
material
pertaining
to
any
election
in
which
federal
30
offices
are
not
on
the
ballot,
except
the
tally
lists
and
31
abstracts
of
votes
which
have
not
been
electronically
recorded,
32
six
twenty-two
months
after
the
election
if
a
contest
is
not
33
pending.
If
a
contest
is
pending,
all
election
materials
shall
34
be
preserved
until
final
determination
of
the
contest
or
until
35
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twenty-two
months
after
the
election,
whichever
is
later
.
1
Before
destroying
the
election
registers
and
declarations
2
of
eligibility,
the
commissioner
shall
prepare
records
as
3
necessary
to
permit
compliance
with
chapter
48A,
subchapter
V
.
4
Nomination
papers
for
primary
election
candidates
for
state
and
5
county
offices
shall
be
destroyed
ten
days
before
the
general
6
election,
if
a
contest
is
not
pending.
7
Sec.
11.
Section
50.21,
subsection
1,
Code
2025,
is
amended
8
to
read
as
follows:
9
1.
The
commissioner
shall
reconvene
the
election
board
of
10
the
special
precinct
established
by
section
53.20
not
earlier
11
than
noon
on
the
second
day
following
each
election
which
12
is
required
by
law
to
be
canvassed
on
the
Monday
or
Tuesday
13
following
the
election.
If
the
second
day
following
such
an
14
election
is
a
legal
holiday
the
special
precinct
election
board
15
may
be
convened
at
noon
on
the
day
following
the
election,
and
16
if
the
canvass
of
the
election
is
scheduled
at
any
time
earlier
17
than
the
Monday
Tuesday
following
the
election,
the
special
18
precinct
election
board
shall
be
reconvened
at
noon
on
the
day
19
following
the
election.
20
Sec.
12.
Section
50.24,
subsections
1
and
4,
Code
2025,
are
21
amended
to
read
as
follows:
22
1.
The
county
board
of
supervisors
shall
meet
to
canvass
23
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
24
each
election
to
which
this
chapter
is
applicable,
unless
25
the
law
authorizing
the
election
specifies
another
date
for
26
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
27
section
4.1,
subsection
34
,
controls.
28
4.
For
a
regular
or
special
city
election
or
a
city
runoff
29
election,
if
the
city
is
located
in
more
than
one
county,
the
30
controlling
commissioner
for
that
city
under
section
47.2
shall
31
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
32
the
day
of
the
election.
However,
if
a
recount
is
requested
33
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
34
conduct
the
second
canvass
within
two
business
days
after
the
35
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541
conclusion
of
the
recount
proceedings.
Each
commissioner
1
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
2
shall
transmit
abstracts
for
the
offices
and
public
measures
of
3
that
city
to
the
controlling
commissioner
for
that
city,
along
4
with
individual
tallies
for
each
write-in
candidate.
At
the
5
second
canvass,
the
county
board
of
supervisors
of
the
county
6
of
the
controlling
commissioner
shall
canvass
the
abstracts
7
received
pursuant
to
this
subsection
and
shall
prepare
a
8
combined
city
abstract
stating
the
number
of
votes
cast
in
the
9
city
for
each
office
and
on
each
question
on
the
ballot
for
10
the
city
election.
The
combined
city
abstract
shall
further
11
indicate
the
name
of
each
person
who
received
votes
for
each
12
office
on
the
ballot,
the
number
of
votes
each
person
named
13
received
for
that
office,
and
the
number
of
votes
for
and
14
against
each
question
submitted
to
the
voters
at
the
election.
15
The
votes
of
all
write-in
candidates
who
each
received
less
16
than
five
percent
of
the
total
votes
cast
in
the
city
for
17
an
office
shall
be
reported
collectively
under
the
heading
18
“scattering”.
19
Sec.
13.
Section
50.24,
subsection
5,
paragraph
a,
Code
20
2025,
is
amended
to
read
as
follows:
21
a.
For
a
regular
or
special
school
election,
if
the
school
22
district
is
located
in
more
than
one
county,
the
controlling
23
commissioner
for
that
school
district
under
section
47.2
shall
24
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
25
the
day
of
election.
However,
if
a
recount
is
requested
26
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
27
conduct
the
second
canvass
within
two
business
days
after
the
28
conclusion
of
the
recount
proceedings.
Each
commissioner
29
conducting
a
canvass
for
the
school
district
pursuant
to
30
subsection
1
shall
transmit
abstracts
for
the
offices
and
31
public
measures
of
that
school
district
to
the
controlling
32
commissioner
for
that
school
district,
along
with
individual
33
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
34
county
board
of
supervisors
of
the
controlling
county
shall
35
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541
canvass
the
abstracts
received
pursuant
to
this
subsection
and
1
shall
prepare
a
combined
school
district
abstract
stating
the
2
number
of
votes
cast
in
the
school
district
for
each
office
and
3
on
each
question
on
the
ballot
for
the
school
election.
The
4
combined
school
district
abstract
shall
further
indicate
the
5
name
of
each
person
who
received
votes
for
each
office
on
the
6
ballot,
the
number
of
votes
each
person
named
received
for
that
7
office,
and
the
number
of
votes
for
and
against
each
question
8
submitted
to
the
voters
at
the
election.
The
votes
of
all
9
write-in
candidates
who
each
received
less
than
five
percent
of
10
the
total
votes
cast
in
the
school
district
for
an
office
shall
11
be
reported
collectively
under
the
heading
“scattering”.
12
Sec.
14.
Section
53.2,
subsection
4,
paragraph
c,
Code
2025,
13
is
amended
to
read
as
follows:
14
c.
For
purposes
of
this
subsection
,
“voter
verification
15
number”
means
the
registered
voter’s
driver’s
license
number
or
16
nonoperator’s
identification
card
number
assigned
to
the
voter
17
by
the
department
of
transportation
or
the
registered
voter’s
18
four-digit
personal
identification
number
assigned
to
the
voter
19
by
the
state
commissioner
pursuant
to
section
47.7
48A.10A
,
20
subsection
2
1
.
21
Sec.
15.
Section
53.10,
subsection
2,
paragraph
b,
Code
22
2025,
is
amended
to
read
as
follows:
23
b.
For
purposes
of
this
subsection
,
“voter
verification
24
number”
means
the
registered
voter’s
driver’s
license
number
or
25
nonoperator’s
identification
card
number
assigned
to
the
voter
26
by
the
department
of
transportation
or
the
registered
voter’s
27
four-digit
personal
identification
number
assigned
to
the
voter
28
by
the
state
commissioner
pursuant
to
section
47.7
48A.10A
,
29
subsection
2
1
.
30
Sec.
16.
Section
53.23,
subsection
3,
paragraph
a,
Code
31
2025,
is
amended
to
read
as
follows:
32
a.
The
commissioner
shall
set
the
a
convening
time
for
the
33
board
of
no
later
than
9:00
a.m.
on
election
day
,
allowing
a
34
reasonable
amount
of
time
to
complete
counting
all
absentee
35
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541
ballots
by
10:00
p.m.
on
election
day.
1
Sec.
17.
Section
54.5,
subsection
3,
Code
2025,
is
amended
2
to
read
as
follows:
3
3.
Each
elector
nominee
and
alternate
elector
nominee
4
of
a
political
party
or
group
of
petitioners
shall
execute
5
the
following
pledge
on
a
form
prescribed
by
the
state
6
commissioner
,
which
shall
accompany
the
submission
of
the
7
corresponding
names
to
the
state
commissioner:
8
If
selected
for
the
position
of
elector,
I
agree
to
serve
9
and
to
mark
my
ballots
for
president
and
vice
president
for
10
the
nominees
for
those
offices
of
the
party
(or
group
of
11
petitioners)
that
nominated
me.
12
Sec.
18.
Section
260C.15,
subsection
5,
Code
2025,
is
13
amended
to
read
as
follows:
14
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
15
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
16
section
277.20
.
In
each
county
whose
commissioner
of
elections
17
is
the
controlling
commissioner
for
a
merged
area
under
section
18
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
19
second
Monday
or
Tuesday
after
the
day
of
the
election
to
20
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
21
merged
area,
and
declare
the
results
of
the
voting.
The
22
commissioner
shall
at
once
issue
certificates
of
election
to
23
each
person
declared
elected,
and
shall
certify
to
the
merged
24
area
board
in
substantially
the
manner
prescribed
by
section
25
50.27
the
result
of
the
voting
on
any
public
question
submitted
26
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
27
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
28
of
office
prescribed
in
section
277.28
.
29
Sec.
19.
Section
384.19,
subsection
1,
Code
2025,
is
amended
30
to
read
as
follows:
31
1.
Within
a
period
of
ten
days
after
the
final
date
that
32
a
budget
or
amended
budget
may
be
certified
to
the
county
33
auditor,
persons
affected
by
the
budget
may
file
a
written
34
protest
with
the
county
auditor
specifying
their
objections
35
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to
the
budget
or
any
part
of
it.
A
protest
must
be
signed
by
1
registered
voters
equal
in
number
to
one-fourth
of
one
percent
2
of
the
votes
cast
for
governor
in
the
last
preceding
general
3
election
in
the
city,
but
the
number
shall
not
be
less
than
4
ten
persons
and
the
number
need
not
be
more
than
one
hundred
5
persons
population
of
the
city
according
to
the
most
recent
6
federal
decennial
census
or
special
census,
whichever
is
later
.
7
Sec.
20.
REPEAL.
Section
52.41,
Code
2025,
is
repealed.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
administration
of
elections.
12
The
bill
requires
absentee
ballot
materials
to
include
the
13
voter’s
four-digit
personal
identification
number
instead
of
14
the
voter’s
voter
identification
number.
The
bill
prohibits
15
special
elections
from
being
held
on
the
first,
second,
16
or
third
Tuesdays
preceding
and
following
city
or
school
17
elections.
The
bill
requires
a
county
commissioner
of
18
elections
to
inform
the
county
sheriff
if
an
acknowledgment
of
19
election
day
and
in-person
absentee
registration
form
sent
by
20
the
commissioner
does
not
receive
a
response
from
the
voter.
21
The
bill
also
requires
voter
registration
records,
including
22
voter
registration
forms,
to
be
maintained
on
the
statewide
23
voter
registration
system.
24
The
bill
strikes
a
provision
allowing
election
officials
25
to
electronically
transmit
results
from
voting
equipment
to
26
the
county
commissioner
of
elections’
office
after
producing
a
27
written
report
of
the
election
results,
including
provisions
28
relating
to
the
approval
of
associated
devices
and
the
adoption
29
of
administrative
rules
for
associated
procedures.
30
The
bill
changes
the
length
of
time
that
a
county
31
commissioner
of
elections
must
maintain
election
records
for
32
elections
in
which
federal
offices
are
not
on
the
ballot
from
33
6
months
to
22
months
or
until
the
completion
of
an
election
34
contest,
whichever
is
later.
Material
pertaining
to
elections
35
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for
federal
offices
is
maintained
for
22
months
under
current
1
law.
The
bill
strikes
a
requirement
that
nomination
papers
2
for
primary
election
candidates
for
state
and
county
offices
3
be
destroyed
10
days
before
the
general
election
if
a
contest
4
is
not
pending.
5
The
bill
removes
the
first
and
second
Monday
following
an
6
election
as
a
possible
day
for
conducting
a
first
or
second
7
canvass
of
an
election,
respectively.
8
The
bill
requires
the
special
precinct
election
board
9
to
convene
no
later
than
9:00
a.m.
on
election
day
for
the
10
counting
of
absentee
ballots.
11
The
bill
requires
the
state
commissioner
of
elections
to
12
prescribe
the
form
of
the
pledge
signed
by
presidential
elector
13
nominees
and
alternate
elector
nominees.
14
The
bill
changes
the
signature
requirement
for
a
written
15
protest
of
a
city
budget
from
a
number
of
registered
voters
16
equal
to
one-fourth
of
1
percent
of
the
votes
cast
for
governor
17
in
the
last
preceding
general
election
in
the
city
to
a
number
18
of
registered
voters
equal
to
one-fourth
of
1
percent
of
the
19
population
of
the
city
according
to
the
most
recent
federal
20
decennial
census
or
special
census,
whichever
is
later.
The
21
bill
also
strikes
an
alternative
minimum
number
of
signatures
22
and
an
alternative
maximum
number
of
signatures.
23
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