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Senate
File
543
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Introduced
SENATE
FILE
543
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1176)
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
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Section
1.
Section
43.49,
subsection
1,
unnumbered
1
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
2
On
the
Monday
or
Tuesday
following
the
primary
election,
the
3
board
of
supervisors
shall
meet,
open,
and
canvass
the
returns
4
from
each
voting
precinct
in
the
county,
and
make
abstracts
5
thereof,
stating
the
following:
6
Sec.
2.
Section
43.56,
subsection
1,
paragraphs
a,
b,
and
c,
7
Code
2025,
are
amended
to
read
as
follows:
8
a.
One
person
or
two
designees,
according
to
the
population
9
of
the
county
as
provided
in
section
50.48,
subsection
3,
10
paragraph
“a”
,
chosen
by
the
candidate
requesting
the
recount,
11
who
shall
be
named
in
the
written
request
when
the
request
is
12
filed
.
13
b.
One
person
or
two
designees,
according
to
the
population
14
of
the
county
as
provided
in
section
50.48,
subsection
3,
15
paragraph
“a”
,
chosen
by
the
candidate
who
received
the
highest
16
number
of
votes
for
the
nomination
being
recounted
at
or
before
17
the
time
the
board
is
required
to
convene
.
However,
if
the
18
candidate
who
requested
the
recount
received
more
votes
than
19
anyone
else
for
the
nomination,
the
candidate
who
received
the
20
second
highest
number
of
votes
shall
designate
this
person
21
choose
the
designee
or
designees,
as
applicable,
to
serve
on
22
the
recount
board.
23
c.
A
third
person
mutually
agreeable
to
the
board
members
24
designated
by
the
candidates
One
or
three
persons,
according
25
to
the
population
of
the
county
as
provided
in
section
26
50.48,
subsection
3,
paragraph
“a”
,
who
are
precinct
election
27
officials
selected
by
the
chief
judge
of
the
judicial
district
28
in
which
the
canvass
occurs
at
or
before
the
time
the
board
is
29
required
to
convene
.
30
Sec.
3.
Section
46.24,
subsection
1,
Code
2025,
is
amended
31
to
read
as
follows:
32
1.
A
judge
of
the
supreme
court,
court
of
appeals,
or
33
district
court
including
a
district
associate
judge,
full-time
34
associate
juvenile
judge,
or
full-time
associate
probate
judge,
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or
a
clerk
of
the
district
court
must
receive
more
affirmative
1
than
negative
votes
to
be
retained
in
office.
When
the
poll
2
is
closed,
the
election
judges
shall
publicly
canvass
the
vote
3
forthwith.
The
board
of
supervisors
shall
canvass
the
returns
4
on
the
Monday
or
Tuesday
after
the
election,
and
shall
promptly
5
certify
the
number
of
affirmative
and
negative
votes
on
each
6
judge
or
clerk
to
the
state
commissioner
of
elections.
7
Sec.
4.
Section
47.1,
Code
2025,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
9.
The
state
commissioner
may,
at
the
state
10
commissioner’s
discretion,
call
for
a
recount
of
any
election
11
and
advise
recount
boards
convened
pursuant
to
chapter
50.
12
Sec.
5.
Section
50.12,
Code
2025,
is
amended
to
read
as
13
follows:
14
50.12
Return
and
preservation
of
ballots.
15
Immediately
after
making
the
proclamation,
and
before
16
separating,
the
board
members
of
each
precinct
in
which
votes
17
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
18
or
other
container
all
ballots
which
have
been
counted
by
them,
19
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
20
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
21
of
all
board
members
of
the
precinct
shall
be
placed
across
22
the
seal
or
the
opening
of
the
container
so
that
it
cannot
23
be
opened
without
breaking
the
seal.
The
precinct
election
24
officials
shall
return
all
the
ballots
to
the
commissioner,
25
who
shall
carefully
preserve
them
for
six
months.
Ballots
26
from
elections
for
federal
offices
shall
be
preserved
for
27
twenty-two
months.
The
sealed
packages
containing
voted
28
ballots
shall
be
opened
only
for
an
official
recount
authorized
29
by
section
50.48
,
or
50.49
,
or
50.50
,
for
an
election
contest
30
held
pursuant
to
chapters
57
through
62
,
to
conduct
an
audit
31
pursuant
to
section
50.50
or
50.51
,
or
to
destroy
the
ballots
32
pursuant
to
section
50.19
.
33
Sec.
6.
Section
50.21,
subsection
1,
Code
2025,
is
amended
34
to
read
as
follows:
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1.
The
commissioner
shall
reconvene
the
election
board
of
1
the
special
precinct
established
by
section
53.20
not
earlier
2
than
noon
on
the
second
day
following
each
election
which
3
is
required
by
law
to
be
canvassed
on
the
Monday
or
Tuesday
4
following
the
election.
If
the
second
day
following
such
an
5
election
is
a
legal
holiday
the
special
precinct
election
board
6
may
be
convened
at
noon
on
the
day
following
the
election,
and
7
if
the
canvass
of
the
election
is
scheduled
at
any
time
earlier
8
than
the
Monday
Tuesday
following
the
election,
the
special
9
precinct
election
board
shall
be
reconvened
at
noon
on
the
day
10
following
the
election.
11
Sec.
7.
Section
50.24,
subsections
1
and
4,
Code
2025,
are
12
amended
to
read
as
follows:
13
1.
The
county
board
of
supervisors
shall
meet
to
canvass
14
the
vote
on
the
first
Monday
or
Tuesday
after
the
day
of
15
each
election
to
which
this
chapter
is
applicable,
unless
16
the
law
authorizing
the
election
specifies
another
date
for
17
the
canvass.
If
that
Monday
or
Tuesday
is
a
public
holiday,
18
section
4.1,
subsection
34
,
controls.
19
4.
For
a
regular
or
special
city
election
or
a
city
runoff
20
election,
if
the
city
is
located
in
more
than
one
county,
the
21
controlling
commissioner
for
that
city
under
section
47.2
shall
22
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
23
the
day
of
the
election.
However,
if
a
recount
is
requested
24
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
25
conduct
the
second
canvass
within
two
business
days
after
the
26
conclusion
of
the
recount
proceedings.
Each
commissioner
27
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
28
shall
transmit
abstracts
for
the
offices
and
public
measures
of
29
that
city
to
the
controlling
commissioner
for
that
city,
along
30
with
individual
tallies
for
each
write-in
candidate.
At
the
31
second
canvass,
the
county
board
of
supervisors
of
the
county
32
of
the
controlling
commissioner
shall
canvass
the
abstracts
33
received
pursuant
to
this
subsection
and
shall
prepare
a
34
combined
city
abstract
stating
the
number
of
votes
cast
in
the
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543
city
for
each
office
and
on
each
question
on
the
ballot
for
1
the
city
election.
The
combined
city
abstract
shall
further
2
indicate
the
name
of
each
person
who
received
votes
for
each
3
office
on
the
ballot,
the
number
of
votes
each
person
named
4
received
for
that
office,
and
the
number
of
votes
for
and
5
against
each
question
submitted
to
the
voters
at
the
election.
6
The
votes
of
all
write-in
candidates
who
each
received
less
7
than
five
percent
of
the
total
votes
cast
in
the
city
for
8
an
office
shall
be
reported
collectively
under
the
heading
9
“scattering”.
10
Sec.
8.
Section
50.24,
subsection
5,
paragraph
a,
Code
2025,
11
is
amended
to
read
as
follows:
12
a.
For
a
regular
or
special
school
election,
if
the
school
13
district
is
located
in
more
than
one
county,
the
controlling
14
commissioner
for
that
school
district
under
section
47.2
shall
15
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
16
the
day
of
election.
However,
if
a
recount
is
requested
17
pursuant
to
section
50.48
,
the
controlling
commissioner
shall
18
conduct
the
second
canvass
within
two
business
days
after
the
19
conclusion
of
the
recount
proceedings.
Each
commissioner
20
conducting
a
canvass
for
the
school
district
pursuant
to
21
subsection
1
shall
transmit
abstracts
for
the
offices
and
22
public
measures
of
that
school
district
to
the
controlling
23
commissioner
for
that
school
district,
along
with
individual
24
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
25
county
board
of
supervisors
of
the
controlling
county
shall
26
canvass
the
abstracts
received
pursuant
to
this
subsection
and
27
shall
prepare
a
combined
school
district
abstract
stating
the
28
number
of
votes
cast
in
the
school
district
for
each
office
and
29
on
each
question
on
the
ballot
for
the
school
election.
The
30
combined
school
district
abstract
shall
further
indicate
the
31
name
of
each
person
who
received
votes
for
each
office
on
the
32
ballot,
the
number
of
votes
each
person
named
received
for
that
33
office,
and
the
number
of
votes
for
and
against
each
question
34
submitted
to
the
voters
at
the
election.
The
votes
of
all
35
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write-in
candidates
who
each
received
less
than
five
percent
of
1
the
total
votes
cast
in
the
school
district
for
an
office
shall
2
be
reported
collectively
under
the
heading
“scattering”.
3
Sec.
9.
Section
50.48,
subsection
1,
Code
2025,
is
amended
4
to
read
as
follows:
5
1.
a.
The
Except
as
provided
in
paragraph
“b”
,
the
county
6
board
of
canvassers
shall
order
a
recount
of
the
votes
cast
for
7
a
particular
office
or
nomination
in
one
or
more
all
specified
8
election
precincts
in
that
county
if
a
written
request
for
a
9
recount
is
made
filed
with
the
commissioner
of
that
county
not
10
later
than
5:00
p.m.
on
the
third
second
day
following
the
11
county
board’s
canvass
of
the
election
in
question.
For
a
city
12
runoff
election
held
pursuant
to
section
376.9
,
the
written
13
request
must
be
made
filed
with
the
commissioner
of
that
county
14
not
later
than
5:00
p.m.
on
the
day
following
the
county
15
board’s
canvass
of
the
city
runoff
election.
The
request
shall
16
be
filed
with
the
commissioner
of
that
county
and
shall
be
17
signed
by
either
of
the
following:
18
(1)
A
candidate
for
that
office
or
nomination
whose
name
was
19
printed
on
the
ballot
of
the
precinct
or
precincts
where
the
20
recount
is
requested.
21
(2)
Any
other
person
who
receives
votes
for
that
particular
22
office
or
nomination
in
the
precinct
or
precincts
where
the
23
recount
is
requested
and
who
is
legally
qualified
to
seek
and
24
to
hold
the
office
in
question.
25
b.
The
state
commissioner
shall
order
a
recount
of
the
26
votes
cast
for
a
statewide
office,
a
seat
in
the
United
States
27
Congress,
or
electors
for
president
or
vice
president,
or
28
nominations
for
such
offices,
in
each
county
specified
in
a
29
written
request
if
a
written
request
for
a
recount
is
filed
30
with
the
state
commissioner
not
later
than
5:00
p.m.
on
the
31
second
day
following
the
county
canvass
of
the
election
in
32
question.
33
c.
If
automatic
tabulating
equipment
was
used
to
tabulate
34
votes
in
the
precinct,
a
written
request
for
a
recount
must
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543
indicate
whether
the
recount
shall
be
conducted
only
using
1
automated
tabulating
equipment
or
by
a
hand
recount.
The
same
2
method
of
recounting
must
be
requested
and
used
in
each
county
3
in
which
the
candidate
requests
a
recount.
The
request
must
be
4
filed
with
the
commissioner
of
the
county
where
the
candidate
5
is
requesting
a
recount
and
must
be
signed
by
either
of
the
6
following:
7
(1)
A
candidate
for
that
office
or
nomination
whose
name
8
was
printed
on
a
ballot
of
the
precinct
where
the
recount
is
9
requested.
10
(2)
Any
other
person
who
receives
votes
for
that
particular
11
office
or
nomination
in
the
precinct
where
the
recount
is
12
requested
and
who
is
legally
qualified
to
seek
and
to
hold
the
13
office
in
question.
14
b.
d.
Immediately
upon
receipt
of
a
request
for
a
recount
15
under
paragraph
“a”
,
the
commissioner
shall
send
a
copy
of
the
16
request
to
the
apparent
winner
by
certified
mail
and
the
state
17
commissioner
by
electronic
mail
.
Immediately
upon
receipt
18
of
a
request
for
a
recount
under
paragraph
“b”
,
the
state
19
commissioner
shall
send
a
copy
of
the
request
to
the
apparent
20
winner
by
certified
mail
and
the
commissioner
of
each
county
21
specified
in
the
request
by
electronic
mail.
The
commissioner
22
or
state
commissioner
who
initially
received
the
request
for
a
23
recount
shall
also
attempt
to
contact
the
apparent
winner
by
24
telephone.
If
the
apparent
winner
cannot
be
reached
within
25
four
three
days,
the
chairperson
of
the
political
party
or
26
organization
which
nominated
the
apparent
winner
shall
be
27
contacted
and
shall
act
on
behalf
of
the
apparent
winner,
28
if
necessary.
For
candidates
for
state
or
federal
offices,
29
the
chairperson
of
the
state
party
shall
be
contacted.
For
30
candidates
for
county
offices,
the
county
chairperson
of
the
31
party
shall
be
contacted.
32
e.
Upon
completion
of
an
administrative
audit,
a
candidate
33
who
submitted
a
request
for
a
recount
may
withdraw
the
request
34
within
twenty-four
hours.
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543
Sec.
10.
Section
50.48,
subsection
2,
Code
2025,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
(1)
Upon
receipt
of
a
written
request
3
for
a
hand
recount
involving
a
state
office,
including
a
seat
4
in
the
general
assembly,
a
seat
in
the
United
States
Congress,
5
or
electors
for
president
or
vice
president,
forwarded
by
6
the
commissioner,
the
state
commissioner
shall
verify
that
7
each
request
for
a
recount
for
that
office
submitted
by
that
8
candidate
included
a
request
for
a
hand
recount.
For
each
9
request
that
did
not
include
a
request
for
a
hand
recount,
the
10
state
commissioner
shall
assess
a
civil
penalty
of
one
hundred
11
dollars
against
the
candidate,
to
be
deposited
in
the
general
12
fund
of
the
state.
The
civil
penalty
shall
first
be
deducted
13
from
the
bond
filed
by
the
candidate.
14
(2)
Upon
verification
that
a
candidate
for
a
state
office,
15
including
a
seat
in
the
general
assembly,
a
seat
in
the
United
16
States
Congress,
or
electors
for
president
or
vice
president,
17
submitted
a
written
request
for
a
hand
recount
in
at
least
one
18
but
not
all
counties,
the
state
commissioner
shall,
within
six
19
days
following
the
county
canvass
of
the
election,
inform
each
20
commissioner
to
which
a
hand
recount
was
not
requested
that
a
21
hand
recount
shall
be
performed
pursuant
to
this
section.
22
Sec.
11.
Section
50.48,
subsections
3
and
4,
Code
2025,
23
are
amended
by
striking
the
subsections
and
inserting
in
lieu
24
thereof
the
following:
25
3.
a.
The
recount
shall
be
conducted
by
a
board
which
shall
26
consist
of
one
of
the
following:
27
(1)
For
a
county
with
a
population
of
fewer
than
fifteen
28
thousand
according
to
the
most
recent
federal
decennial
census,
29
all
of
the
following:
30
(a)
A
designee
of
the
candidate
requesting
the
recount,
31
who
shall
be
named
in
the
written
request
when
the
request
is
32
filed.
33
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
34
be
named
by
the
candidate
at
or
before
the
time
the
board
is
35
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S.F.
543
required
to
convene.
1
(c)
A
member
who
is
a
precinct
election
official
selected
by
2
the
chief
judge
of
the
judicial
district
in
which
the
canvass
3
occurs
at
or
before
the
time
the
board
is
required
to
convene.
4
(2)
For
a
county
with
a
population
of
at
least
fifteen
5
thousand
but
fewer
than
fifty
thousand
according
to
the
most
6
recent
federal
decennial
census,
all
of
the
following:
7
(a)
A
designee
of
the
candidate
requesting
the
recount,
8
who
shall
be
named
in
the
written
request
when
the
request
is
9
filed.
10
(b)
A
designee
of
the
apparent
winning
candidate,
who
shall
11
be
named
by
the
candidate
at
or
before
the
time
the
board
is
12
required
to
convene.
13
(c)
Three
members
who
are
precinct
election
officials
14
selected
by
the
chief
judge
of
the
judicial
district
in
which
15
the
canvass
occurs
at
or
before
the
time
the
board
is
required
16
to
convene.
17
(3)
For
a
county
with
a
population
of
fifty
thousand
or
18
greater,
all
of
the
following:
19
(a)
Two
designees
of
the
candidate
requesting
the
recount,
20
who
shall
be
named
in
the
written
request
when
the
request
is
21
filed.
22
(b)
Two
designees
of
the
apparent
winning
candidate,
who
23
shall
be
named
by
the
candidate
at
or
before
the
time
the
board
24
is
required
to
convene.
25
(c)
Three
members
who
are
precinct
election
officials
26
selected
by
the
chief
judge
of
the
judicial
district
in
which
27
the
canvass
occurs
at
or
before
the
time
the
board
is
required
28
to
convene.
29
b.
Members
appointed
to
the
recount
board
by
the
chief
judge
30
shall
be
selected
consistent
with
section
49.13,
subsection
2,
31
for
partisan
offices
and
section
49.12
for
nonpartisan
offices.
32
c.
The
commissioner
shall
convene
the
persons
designated
33
under
paragraph
“a”
not
later
than
9:00
a.m.
on
the
sixth
34
day
following
the
county
board’s
canvass
of
the
election
in
35
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18
S.F.
543
question.
1
4.
When
all
members
of
the
recount
board
have
been
selected,
2
the
board
shall
undertake
and
complete
the
required
recount
as
3
expeditiously
as
reasonably
possible
in
the
following
manner:
4
a.
The
commissioner
shall
inform
the
board
whether
the
5
candidate
has
requested
a
hand
recount.
The
commissioner
6
or
the
commissioner’s
designee
shall
supervise
the
handling
7
of
ballots
to
ensure
that
the
ballots
are
protected
from
8
alteration
or
damage.
9
b.
The
board
shall
direct
the
commissioner
to
retabulate
10
the
ballots
using
the
automatic
tabulating
equipment.
The
same
11
program
used
for
tabulating
the
votes
on
election
day
shall
be
12
used
at
the
recount
unless
the
program
is
believed
or
known
to
13
be
flawed.
14
c.
The
board
shall
recount
only
the
ballots
which
were
voted
15
and
counted
for
the
office
in
question,
including
any
disputed
16
ballots
returned
as
required
in
section
50.5.
17
d.
After
retabulating
the
ballots
as
provided
in
paragraph
18
“b”
,
the
board
shall
compare
the
printed
results
of
the
19
tabulation
equipment
to
the
abstract
prepared
pursuant
to
the
20
county
board’s
canvass.
The
board
shall
note
any
discrepancies
21
between
the
two
results.
22
e.
If
the
candidate’s
written
request
included
a
request
23
for
a
hand
recount,
the
board
shall
separate
the
ballots
into
24
piles:
one
for
each
candidate,
one
for
write-in
votes,
and
25
one
for
ballots
considered
an
over
or
under
count.
The
board
26
shall
review
and
tabulate
the
ballots
in
each
pile
as
provided
27
in
section
49.98.
The
board
shall
compare
the
hand
recount
28
results
to
the
printed
results
of
the
tabulation
equipment
and
29
the
abstract.
If
there
are
discrepancies
between
the
three
30
results,
then
the
results
of
the
hand
recount
shall
control.
31
f.
The
ballots
shall
be
resealed
by
the
recount
board
before
32
adjournment
and
shall
be
preserved
as
required
by
section
33
50.12.
34
Sec.
12.
Section
50.48,
subsection
5,
Code
2025,
is
amended
35
-9-
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9/
18
S.F.
543
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
0b.
The
recount
board
shall
complete
the
2
recount
and
file
its
report
as
follows:
3
(1)
For
the
offices
of
president
and
vice
president,
not
4
later
than
the
seventeenth
day
following
the
county
board’s
5
canvass
of
the
election
in
question.
6
(2)
For
a
state
office,
including
a
seat
in
the
general
7
assembly,
or
a
seat
in
the
United
States
Congress,
not
later
8
than
the
twenty-first
day
following
the
county
board’s
canvass
9
of
the
election
in
question.
10
(3)
For
any
other
office,
not
later
than
the
thirteenth
11
day
following
the
county
board’s
canvass
of
the
election
in
12
question.
13
Sec.
13.
Section
50.48,
subsection
6,
Code
2025,
is
amended
14
to
read
as
follows:
15
6.
a.
The
commissioner
shall
promptly
notify
the
state
16
commissioner
of
any
recount
of
votes
for
an
office
to
which
17
section
50.30
,
or
section
43.60
in
the
case
of
a
primary
18
election,
is
applicable
,
or
any
other
office
elected
by
the
19
residents
of
more
than
one
county
.
If
necessary,
the
state
20
canvass
required
by
section
50.38
,
or
by
section
43.63
,
as
the
21
case
may
be,
shall
be
delayed
with
respect
to
the
office
or
the
22
nomination
to
which
the
recount
pertains.
The
commissioner
23
shall
subsequently
inform
the
state
commissioner
at
the
24
earliest
possible
time
whether
any
change
in
the
outcome
of
the
25
election
in
that
county
or
district
resulted
from
the
recount.
26
b.
Upon
verification
that
a
candidate
submitted
a
27
written
request
for
a
hand
recount
in
at
least
one
but
not
28
all
counties,
the
state
commissioner
shall,
within
six
days
29
following
the
county
canvass
of
the
election,
inform
each
30
commissioner
of
a
county
in
which
a
recount
was
requested
that
31
a
hand
recount
shall
be
performed
pursuant
to
this
section.
32
Sec.
14.
Section
50.48,
Code
2025,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
9.
Before
the
recount
board
has
issued
its
35
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18
S.F.
543
final
report,
the
candidate
or
person
who
requested
the
recount
1
may
reach
an
agreement
with
the
apparent
winner
to
accept
the
2
results
of
the
original
canvass
by
submitting
the
agreement
in
3
writing
to
the
recount
board.
Upon
receipt
of
the
agreement,
4
the
recount
board
shall
cease
its
work
and
report
to
the
county
5
commissioner
that
the
results
of
the
original
canvass
are
the
6
official
results.
7
Sec.
15.
Section
50.49,
subsection
1,
Code
2025,
is
amended
8
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
9
following:
10
1.
a.
A
recount
for
any
public
measure
shall
be
ordered
11
by
the
board
of
canvassers
not
later
than
two
days
after
12
the
completion
of
the
canvass
of
voters
for
the
election
if
13
a
petition
requesting
a
recount
is
filed
with
the
county
14
commissioner
of
a
county
in
which
the
question
appeared
on
the
15
ballot.
The
petition
for
a
recount
shall
indicate
whether
the
16
recount
shall
be
conducted
only
using
automatic
tabulating
17
equipment
or
by
a
hand
recount
following
the
use
of
automatic
18
tabulating
equipment.
If
a
petition
requests
a
hand
recount
19
in
one
county,
the
petition
shall
also
request
a
hand
recount
20
in
each
county
in
which
the
petition
is
filed.
A
petition
must
21
be
filed
by
the
person
submitting
the
petition
in
each
county
22
in
which
the
public
measure
appeared
on
the
ballot.
If
the
23
petition
is
not
filed
by
the
person
submitting
the
petition
in
24
each
county
in
which
the
public
measure
appeared
on
the
ballot,
25
a
recount
shall
not
be
conducted.
26
b.
The
petition
must
be
signed
by
the
greater
of
ten
27
eligible
electors
or
a
number
of
eligible
electors
equaling
28
one
percent
of
the
total
number
of
votes
cast
upon
the
public
29
measure
in
the
county.
Each
person
signing
the
petition
must
30
be
a
person
who
was
entitled
to
vote
on
the
public
measure
in
31
question
or
would
have
been
so
entitled
if
registered
to
vote.
32
c.
Immediately
upon
receipt
of
a
petition
for
a
recount,
33
the
commissioner
shall
send
a
copy
of
the
petition
to
the
34
state
commissioner
by
electronic
mail.
The
state
commissioner
35
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11/
18
S.F.
543
shall
confirm
that
a
petition
was
filed
in
every
county
the
1
public
measure
appeared
on
the
ballot
prior
to
the
convening
of
2
the
recount
board.
The
state
commissioner
shall
also
verify
3
whether
each
petition
for
a
recount
included
a
request
for
4
a
hand
recount.
If
the
state
commissioner
verifies
that
a
5
petition
included
a
request
for
a
hand
recount
in
at
least
one
6
but
not
all
counties,
the
state
commissioner
shall,
prior
to
7
convening
of
the
recount
board,
inform
each
commissioner
at
8
which
a
hand
recount
was
not
requested
that
a
hand
recount
9
shall
be
performed.
10
Sec.
16.
Section
50.49,
subsection
2,
paragraph
b,
Code
11
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
12
lieu
thereof
the
following:
13
b.
Two
members
who
are
precinct
election
officials
selected
14
by
the
chief
judge
of
the
judicial
district
in
which
the
15
canvass
occurs
at
or
before
the
time
the
board
is
required
to
16
convene.
The
members
shall
be
selected
consistent
with
section
17
49.12.
18
Sec.
17.
Section
50.49,
subsection
2,
paragraph
c,
Code
19
2025,
is
amended
by
striking
the
paragraph.
20
Sec.
18.
Section
50.49,
subsection
3,
Code
2025,
is
amended
21
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
22
following:
23
3.
The
commissioner
shall
convene
the
recount
board
not
24
later
than
9:00
a.m.
on
the
sixth
day
following
the
county
25
board’s
canvass
of
the
election
in
question.
26
Sec.
19.
Section
50.50,
Code
2025,
is
amended
to
read
as
27
follows:
28
50.50
Administrative
recounts
audits
.
29
1.
The
commissioner
who
was
responsible
for
conducting
an
30
election
may
request
an
administrative
recount
audit
when
the
31
commissioner
is
informed
or
suspects
that
voting
equipment
used
32
in
the
election
malfunctioned
or
that
programming
errors
may
33
have
affected
the
outcome
of
the
election,
or
if
the
precinct
34
election
officials
report
counting
errors
to
the
commissioner
35
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543
after
the
conclusion
of
the
canvass
of
votes
in
the
precinct.
1
An
administrative
recount
audit
shall
be
conducted
by
the
board
2
of
the
special
precinct
established
by
section
53.23
.
Bond
3
shall
not
be
required
for
an
administrative
recount.
The
4
state
commissioner
may
adopt
rules
for
administrative
recounts
5
audits
.
6
2.
If
the
recount
board
finds
that
there
is
an
error
7
in
the
programming
of
any
voting
equipment
which
may
have
8
affected
the
outcome
of
the
election
for
any
office
or
public
9
measure
on
the
ballot,
the
recount
board
shall
describe
the
10
errors
in
its
report
to
the
commissioner.
The
commissioner
11
shall
notify
the
board
of
supervisors.
The
supervisors
shall
12
determine
whether
to
order
an
administrative
recount
for
any
13
or
all
of
the
offices
and
public
measures
on
the
ballot.
Each
14
political
party,
as
defined
in
section
43.2,
may
appoint
up
15
to
five
observers
to
witness
an
audit
conducted
pursuant
to
16
this
section.
The
observers
shall
be
appointed
by
the
county
17
chairperson
or,
if
the
county
chairperson
fails
to
make
an
18
appointment,
by
the
state
chairperson.
However,
if
either
or
19
both
political
parties
fail
to
appoint
an
observer,
the
board
20
may
continue
with
the
proceedings.
21
Sec.
20.
Section
50.51,
subsection
3,
paragraph
a,
Code
22
2025,
is
amended
by
striking
the
paragraph.
23
Sec.
21.
Section
60.2,
Code
2025,
is
amended
to
read
as
24
follows:
25
60.2
Clerk.
26
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
27
the
clerk
of
the
court,
or,
in
the
secretary
of
state’s
clerk
28
of
the
supreme
court’s
absence
or
inability
to
act,
the
clerk
29
of
the
supreme
court
secretary
of
state
.
30
Sec.
22.
Section
61.2,
Code
2025,
is
amended
to
read
as
31
follows:
32
61.2
Clerk.
33
The
secretary
of
state
clerk
of
the
supreme
court
shall
be
34
the
clerk
of
this
court
;
but
if
the
person
holding
that
office
35
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18
S.F.
543
is
a
party
to
the
contest,
the
clerk
of
the
supreme
court,
or,
1
in
case
of
that
person’s
absence
or
inability,
the
auditor
of
2
state
shall
be
clerk
,
or,
in
the
clerk
of
the
supreme
court’s
3
absence
or
inability
to
act,
the
secretary
of
state.
If
the
4
person
holding
the
office
of
secretary
of
state
is
a
party
to
5
the
contest,
the
auditor
of
state
shall
be
clerk
.
6
Sec.
23.
Section
260C.15,
subsection
5,
Code
2025,
is
7
amended
to
read
as
follows:
8
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
9
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
10
section
277.20
.
In
each
county
whose
commissioner
of
elections
11
is
the
controlling
commissioner
for
a
merged
area
under
section
12
47.2
,
the
county
board
of
supervisors
shall
convene
on
the
13
second
Monday
or
Tuesday
after
the
day
of
the
election
to
14
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
15
merged
area,
and
declare
the
results
of
the
voting.
The
16
commissioner
shall
at
once
issue
certificates
of
election
to
17
each
person
declared
elected,
and
shall
certify
to
the
merged
18
area
board
in
substantially
the
manner
prescribed
by
section
19
50.27
the
result
of
the
voting
on
any
public
question
submitted
20
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
21
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
22
of
office
prescribed
in
section
277.28
.
23
Sec.
24.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
24
immediate
importance,
takes
effect
upon
enactment.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
conduct
of
election
recounts.
29
The
bill
changes
the
composition
of
recount
boards
based
30
on
the
population
of
the
county.
For
a
county
of
fewer
than
31
15,000,
the
board
shall
consist
of
a
designee
of
the
candidate
32
requesting
the
recount,
a
designee
of
the
apparent
winning
33
candidate,
and
a
person
who
is
a
precinct
election
official
34
selected
by
the
chief
judge
of
the
judicial
district
in
which
35
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543
the
canvass
occurs.
For
a
county
with
a
population
between
1
15,000
and
49,999,
the
board
shall
consist
of
a
designee
of
the
2
candidate
requesting
the
recount,
a
designee
of
the
apparent
3
winning
candidate,
and
three
persons
who
are
precinct
election
4
officials
selected
by
the
chief
judge
of
the
judicial
district
5
in
which
the
canvass
occurs.
For
a
county
with
a
population
6
of
50,000
or
greater,
the
board
shall
consist
of
two
designees
7
of
the
candidate
requesting
the
recount,
two
designees
of
the
8
apparent
winning
candidate,
and
three
persons
who
are
precinct
9
election
officials
selected
by
the
chief
judge
of
the
judicial
10
district
in
which
the
canvass
occurs.
Members
appointed
by
11
the
chief
judge
for
the
recount
of
a
partisan
election
shall
12
not
be
comprised
of
more
than
one-third
of
persons
who
are
not
13
members
of
either
of
the
two
political
parties
whose
candidates
14
for
president
received
the
most
or
next-most
votes
at
the
last
15
general
election
for
a
partisan
election
and
not
more
than
a
16
simple
majority
of
members
appointed
by
a
chief
judge
shall
be
17
from
the
same
political
party
or
organization.
18
The
bill
allows
the
state
commissioner
of
elections
to
call
19
for
a
recount
of
any
election
and
to
advise
election
recount
20
boards.
21
The
bill
removes
the
first
and
second
Monday
after
an
22
election
as
a
possible
date
for
canvassing
an
election.
23
The
bill
requires
a
county
board
of
canvassers
to
order
a
24
recount
in
all
election
districts
in
a
county
for
a
particular
25
office
or
nomination
if
a
request
for
a
recount
is
filed
with
26
the
commissioner
of
that
county
not
later
than
5:00
p.m.
on
the
27
second
day
following
the
board’s
canvass
of
the
election.
The
28
bill
requires
the
state
commissioner
of
elections
to
order
a
29
recount
of
the
votes
cast
for
a
statewide
office,
a
seat
in
30
the
United
States
Congress,
or
electors
for
president
or
vice
31
president,
or
nominations
for
such
offices,
in
each
county
32
specified
in
a
written
request
if
the
request
is
filed
with
the
33
state
commissioner
not
later
than
5:00
p.m.
on
the
second
day
34
following
the
county
canvass
of
the
election
in
question.
If
35
-15-
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543
automatic
tabulating
equipment
was
used
to
tabulate
ballots
in
1
the
precinct,
a
request
for
a
recount
shall
indicate
whether
2
the
recount
shall
be
conducted
using
only
automated
tabulating
3
equipment
or
by
hand.
The
bill
requires
the
candidate
to
4
request
the
same
method
of
recounting
in
all
counties
in
which
5
the
candidate
requests
a
recount.
The
state
commissioner
6
of
elections
shall
assess
a
civil
penalty
of
$100
against
a
7
candidate
for
each
county
in
which
the
candidate
was
required
8
to
request
a
hand
recount
but
did
not.
The
bill
requires
the
9
penalty
to
first
be
deducted
from
the
recount
bond
paid
by
the
10
candidate
and
to
be
deposited
in
the
general
fund
of
the
state.
11
The
bill
allows
a
candidate
to
withdraw
a
request
for
a
recount
12
within
24
hours
of
the
completion
of
an
administrative
audit
13
by
a
commissioner.
14
The
bill
requires
a
recount
board
to
be
convened
no
later
15
than
9:00
a.m.
on
the
sixth
day
following
the
canvass
of
16
the
election.
The
commissioner
shall
then
inform
the
board
17
whether
the
candidate
requested
a
hand
recount.
The
board
18
shall
direct
the
commissioner
to
retabulate
the
ballots
using
19
the
automatic
tabulating
equipment
using
the
same
program
as
20
was
used
to
tabulate
the
votes
on
election
day
unless
the
21
program
is
believed
or
known
to
be
flawed.
The
board
shall
22
recount
only
the
ballots
which
were
voted
and
counted
for
23
the
office
in
question,
including
disputed
ballots.
After
24
retabulating,
the
board
shall
compare
the
results
to
the
25
abstract
prepared
pursuant
to
the
county
board’s
canvass
and
26
note
any
discrepancies.
If
the
candidate
requested
a
hand
27
recount,
the
bill
requires
the
ballots
to
be
separated
into
28
categories
and
tabulated.
The
board
shall
then
compare
the
29
results
of
the
tabulation
to
the
results
of
the
canvass
and
the
30
automatic
recount.
If
there
are
discrepancies,
the
results
of
31
the
hand
recount
shall
control.
The
bill
then
requires
the
32
board
to
reseal
and
preserve
the
ballots.
33
The
bill
requires
an
election
recount
board
to
file
its
34
report
by
17
days
after
the
canvass
of
an
election
for
the
35
-16-
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18
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543
offices
of
president
and
vice
president,
by
21
days
after
the
1
canvass
of
an
election
for
a
state
office
or
a
seat
in
the
2
United
States
Congress,
and
by
13
days
after
the
canvass
of
any
3
other
election.
The
bill
also
requires
a
county
commissioner
4
of
elections
to
notify
the
state
commissioner
when
the
county
5
commissioner
receives
a
recount
request
for
any
office
elected
6
by
the
residents
of
more
than
one
county.
Upon
verification
7
that
a
candidate
requested
a
hand
count
in
at
least
one
but
8
not
all
counties
where
a
recount
was
requested,
the
bill
also
9
requires
the
state
commissioner
to
inform
each
commissioner
10
of
a
county
where
a
recount
was
requested
that
a
hand
recount
11
shall
be
performed.
12
The
bill
allows
a
candidate
or
person
who
requested
a
recount
13
to
accept
the
results
of
the
original
canvass
of
the
election,
14
which
will
cause
the
election
recount
board
to
cease
its
work.
15
The
bill
requires
a
petition
for
a
recount
of
an
election
16
for
a
public
measure
to
be
submitted
not
later
than
two
days
17
following
the
canvass
of
the
votes
for
the
measure
rather
18
than
three
days.
The
bill
changes
the
makeup
of
the
recount
19
board
for
a
public
measure
by
removing
a
designee
named
by
the
20
commissioner
and
a
person
jointly
selected
by
that
person
and
21
a
designee
named
in
the
petition
requesting
the
recount
and
22
replacing
them
with
two
election
officials
selected
by
the
23
chief
judge
of
the
judicial
district
where
the
canvass
occurs.
24
The
commissioner
shall
convene
the
recount
board
not
later
than
25
9:00
a.m.
on
the
sixth
day
following
the
county
board’s
canvass
26
of
the
election
in
question.
27
Under
current
law,
a
county
commissioner
of
elections
may
28
conduct
an
administrative
recount
if
the
commissioner
suspects
29
that
voting
equipment
used
in
the
election
malfunctioned
or
30
that
programming
errors
may
have
affected
the
outcome
of
the
31
election,
or
if
the
precinct
election
officials
report
counting
32
errors
to
the
commissioner.
The
bill
instead
allows
the
county
33
commissioner
of
elections
to
conduct
an
administrative
audit
if
34
such
circumstances
exist.
The
bill
allows
political
parties,
35
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18
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543
as
defined
in
Code,
to
appoint
observers
to
witness
the
audit.
1
The
bill
changes
the
clerk
of
a
court
of
contest
for
2
presidential
electors
and
congresspersons
from
the
secretary
3
of
state
to
the
clerk
of
the
supreme
court.
If
the
clerk
of
4
the
supreme
court
is
absent
or
unable
to
act,
the
secretary
of
5
state
shall
be
the
clerk
of
the
court.
For
elections
for
state
6
officers,
the
bill
changes
the
clerk
of
a
contest
court
to
the
7
clerk
of
the
supreme
court.
If
the
clerk
of
the
supreme
court
8
is
absent
or
unable
to
act,
the
secretary
of
state
shall
be
the
9
clerk
of
the
court.
However,
if
the
secretary
of
state
is
a
10
party
to
the
contest,
the
auditor
of
state
shall
be
the
clerk
11
of
the
court.
12
The
bill
takes
effect
upon
enactment.
13
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