General Assembly: 89 (2021 Regular GA) - Chapter 147 - Elections — administration, enforcement, elective offices, constitutional amendments, public measures, candidates, and voting


Published: 2021-06-08

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

CHAPTER 147 ELECTIONS — ADMINISTRATION, ENFORCEMENT, ELECTIVE OFFICES,

CONSTITUTIONAL AMENDMENTS, PUBLIC MEASURES, CANDIDATES, AND VOTING

S.F. 568

AN ACT relating to the conduct of elections, including nominations, procedures for proposed amendments to the Iowa Constitution, and absentee voting, and including effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 39.2, subsection 4, paragraph a, Code 2021, is amended to read as follows: a. For a county, in an odd-numbered year, the first Tuesday in March, the second Tuesday

in September, or the first Tuesday after the first Monday in November. For a county, in an even-numbered year, the first Tuesday in March, or the second Tuesday in September, or the first Tuesday after the first Monday in November.

Sec. 2. Section 39.4, Code 2021, is amended to read as follows: 39.4 Proclamation concerning revision of Constitution. 1. In the years in which the Constitution requires, or at other times when the general

assembly by law provides for, a vote on the question of calling a convention and revising the Constitution, the governor shall at least sixty days before the general election issue a proclamation directing that at the general election there be proposed to the people the following question:

Shall there be a convention to revise the Constitution, and propose amendment or amendments to same?

2. The question proposed pursuant to this section shall be considered a public measure for the purposes of sections 49.43 through 49.47.

Sec. 3. Section 39.11, Code 2021, is amended to read as follows: 39.11 More than one office prohibited. 1. Statewide elected officials and members of the general assembly shall not hold more

than one elective office at a time. All other elected officials shall not hold more than one elective office at the same level of government at a time. This section does not apply to the following offices: county agricultural extension council or soil and water conservation district commission. 2. Notwithstanding subsection 1, an elected official may hold a second elective office if not

more than thirty days remain in the term of the first office and the elected official did not seek reelection for the first office in the most recent election.

Sec. 4. Section 39.12, Code 2021, is amended to read as follows: 39.12 Failure to vacate. An elected official who has been elected to another elective office to which section 39.11

applies shall choose only one office in which to serve unless otherwise permitted pursuant to section 39.11, subsection 2. The official shall resign from all but one of the offices to which section 39.11 applies before the beginning of the term of the office to which the person was most recently elected unless otherwise permitted pursuant to section 39.11, subsection 2. Failure to submit the required resignation will result in a vacancy in all the first elective offices office to which the person was elected.

Sec. 5. NEW SECTION. 39.28 Actions — intervention. 1. A political party, as defined in section 43.2, or a nonparty political organization organized

pursuant to chapter 44, may intervene in a proceeding under chapter 17A or an action filed in the district court, court of appeals, or supreme court to challenge a provision of chapters 39 through 62 or a rule adopted to implement such a provision. 2. A political party, as defined in section 43.2, or a nonparty political organization organized

pursuant to chapter 44, may petition the district court to modify or vacate an injunction

WedAug 18 21:15:40 2021, v B20|A10 1/12

CH. 147 2

against the enforcement of a provision of chapters 39 through 62. A denial of a petition to modify or vacate an injunction is appealable as a matter of right as a final judgment.

Sec. 6. Section 43.11, subsection 1, Code 2021, is amended to read as follows: 1. For an elective county office, in the office of the county commissioner not earlier than

ninety-two days nor later than 5:00 p.m. on the sixty-ninth seventy-fourth day before the day fixed for holding the primary election.

Sec. 7. Section 43.16, subsection 2, paragraph b, Code 2021, is amended to read as follows: b. A person who has filed nomination papers with the commissioner may withdraw as

a candidate not later than the sixty-seventh sixty-ninth day before the primary election by notifying the commissioner in writing.

Sec. 8. Section 43.23, Code 2021, is amended to read as follows: 43.23 Death or withdrawal of primary candidate. 1. If a person who has filed nomination papers with the state commissioner as a candidate

in a primary election dies or withdraws up to the seventy-sixth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the state commissioner in writing by 5:00 p.m. on the seventy-first day before the date of the primary election and no other person has filed as a candidate for the nomination in that election. The name of any candidate so submitted shall be included in the appropriate certificate or certificates furnished by the state commissioner under section 43.22. 2. If a person who has filed nomination papers with the commissioner as a candidate in a

primary election dies or withdraws up to the sixty-seventh sixty-ninth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the commissioner in writing by 5:00 p.m. on the sixty-third sixty-fourth day before the primary election. The name of any candidate so submitted shall be placed on the appropriate ballot or ballots by the commissioner.

Sec. 9. Section 43.24, subsection 1, paragraph a, Code 2021, is amended to read as follows: a. Objections to the legal sufficiency of a nomination petition or certificate of nomination

filed or issued under this chapter or to the eligibility of a candidate may be filed in writing by any person who would have the right to vote for the candidate for the office in question. Objections relating to incorrect or incomplete information for information that is required under section 43.14 or 43.18 shall be sustained.

Sec. 10. Section 43.24, subsection 1, paragraph b, subparagraph (2), Code 2021, is amended to read as follows: (2) Those filed with the commissioner, not less than sixty-four sixty-seven days before the

date of the election, or for certificates of nomination filed under section 43.23, not less than sixty-two sixty-three days before the date of the election.

Sec. 11. Section 43.36, Code 2021, is amended to read as follows: 43.36 Australian ballot. The Australian ballot system as now used in this state, except as herein modified, shall

be used at said primary election. The endorsement of the precinct election officials and the facsimile or likeness of the county seal shall appear upon the ballots as provided for general elections.

Sec. 12. Section 43.78, subsection 2, Code 2021, is amended to read as follows: 2. The name of any candidate designated to fill a vacancy on the general election ballot in

accordance with subsection 1, paragraph “a”, “b”, or “c” shall be submitted in writing to the

WedAug 18 21:15:40 2021, v B20|A10 2/12

3 CH. 147

state commissioner not later than 5:00 p.m. on the seventy-third seventy-sixth day before the date of the general election.

Sec. 13. Section 43.79, Code 2021, is amended to read as follows: 43.79 Death of candidate after time for withdrawal. The death of a candidate nominated as provided by law for any office to be filled at a general

election, during the period beginning on the eighty-first day before the general election, in the case of any candidate whose nomination papers were filed with the state commissioner, or beginning on the seventy-third seventy-fourth day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner, and ending on the last day before at the time the polls close on the day of the general election shall not operate to remove the deceased candidate’s name from the general election ballot. If the deceased candidate was seeking the office of senator or representative in the Congress of the United States, governor, attorney general, senator or representative in the general assembly or county supervisor, section 49.58 shall control. If the deceased candidate was seeking any other office, and as a result of the candidate’s death a vacancy is subsequently found to exist, the vacancy shall be filled as provided by chapter 69.

Sec. 14. Section 44.4, subsection 2, paragraph a, subparagraphs (1) and (2), Code 2021, are amended to read as follows: (1) Those filed with the state commissioner, not less than sixty-eight seventy-four days

before the first Tuesday after the first Monday in June in each even-numbered year, or for certificates of nomination filed under subsection 1, paragraph “b”, not less than seventy-four days before the date of the election. (2) Those filed with the commissioner, not less than sixty-four sixty-seven days before the

date of the election first Tuesday after the first Monday in June in each even-numbered year, except as provided in subparagraph (3).

Sec. 15. Section 44.6, Code 2021, is amended to read as follows: 44.6 Hearing before state commissioner. Objections filed with the state commissioner shall be considered by the secretary of

state and auditor of state and attorney general, and a majority decision shall be final; but if the objection is to the certificate of nomination of one or more of the above named officers, said officer or officers so objected to shall not pass upon the same, but their places shall be filled, respectively, by the treasurer of state, the governor, and the secretary of agriculture. Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained.

Sec. 16. Section 44.7, Code 2021, is amended to read as follows: 44.7 Hearing before commissioner. Except as otherwise provided in section 44.8, objections filed with the commissioner shall

be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final. However, if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder. Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained.

Sec. 17. Section 44.8, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 3. Objections relating to incorrect or incomplete information for

information that is required under section 44.3 shall be sustained.

Sec. 18. Section 44.9, subsections 1 and 2, Code 2021, are amended to read as follows: 1. In the office of the state commissioner, at least sixty-eight eighty-one days before the

date of the election, or for withdrawals of nominations filed under section 44.4, subsection 1, paragraph “b”, at least seventy-six days before the date of election. 2. In the office of the appropriate commissioner, at least sixty-four seventy-four days before

the date of the election, except as otherwise provided in subsection 6.

WedAug 18 21:15:40 2021, v B20|A10 3/12

CH. 147 4

Sec. 19. Section 44.11, Code 2021, is amended to read as follows: 44.11 Vacancies filled. If a candidate named under this chapter withdraws or dies before the deadline established

in section 44.9, declines a nomination, or dies before election day, or if a certificate of nomination is held insufficient or inoperative by the officer with whom it is required to be filed, or in case any objection made to a certificate of nomination, or to the eligibility of any candidate named in the certificate, is sustained by the board appointed to determine such questions, the vacancy or vacancies may be filled by the convention, or caucus, or in such manner as such convention or caucus has previously provided. The vacancy or vacancies shall be filled not less than seventy-four seventy-six days before the election in the case of nominations required to be filed with the state commissioner or not less than seventy-one days for nominations filed under section 44.4, subsection 1, paragraph “b”, not less than sixty-four sixty-nine days before the election in the case of nominations required to be filed with the commissioner, not less than forty-two days before the election in the case of nominations required to be filed in the office of the school board secretary, and not less than forty-two days before the election in the case of nominations required to be filed with the commissioner for city elections.

Sec. 20. Section 45.1, subsections 5, 6, 8, and 9, Code 2021, are amended to read as follows: 5. Nominations for candidates for offices filled by the voters of awhole countymay bemade

by nomination petitions signed by eligible electors who are residents of the county equal in number to at least one percent of the number of registered voters in the county on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least two hundred fifty eligible electors who are residents of the county, whichever is less. as follows: a. For a county with a population of fifteen thousand or fewer according to the most recent

federal decennial census, nomination petitions shall include at least fifty signatures. b. For a county with a population of greater than fifteen thousand but fewer than fifty

thousand according to the most recent federal decennial census, nomination petitions shall include at least seventy-five signatures. c. For a county with a population of fifty thousand or greater according to the most recent

federal decennial census, nomination petitions shall include at least one hundred signatures. 6. Nominations for candidates for the office of county supervisor elected by the voters of a

supervisor district may be made by nomination petitions signed by eligible electors who are residents of the supervisor district equal in number to at least one percent of the number of registered voters in the supervisor district on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least one hundred fifty eligible electors who are residents of the supervisor district, whichever is less. as follows: a. For a supervisor district with a population of fifty thousand or fewer according to

the most recent federal decennial census, nomination petitions shall include at least fifty signatures. b. For a supervisor district with a population of greater than fifty thousand according to the

most recent federal decennial census, nomination petitions shall include at least one hundred signatures. 8. Nominations for candidates for elective offices in cities where the council has adopted

nominations under this chapter may be submitted as follows: a. Except as otherwise provided in subsection 9, in cities having a population of three

thousand five hundred twenty-five thousand or greater according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than twenty-five seventy-five eligible electors who are residents of the city or ward. b. In cities having a population of one hundred seven thousand five hundred or greater,

but less than three thousand five hundred twenty-five thousand, according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than ten fifty eligible electors who are residents of the city or ward. c. In cities having a population of two thousand five hundred or greater, but less than one

hundred seven thousand five hundred, according to the most recent federal decennial census,

WedAug 18 21:15:40 2021, v B20|A10 4/12

5 CH. 147

nominations may be made by nomination papers signed by not less than five twenty-five eligible electors who are residents of the city or ward. d. In cities having a population of less than two thousand five hundred, according to the

most recent federal decennial census, nominationsmay bemade by nomination papers signed by not less than ten eligible electors who are residents of the city or ward. 9. Nominations for candidates, other than partisan candidates, for elective offices in special

charter cities subject to section 43.112 may be submitted as follows: a. For the office of mayor and alderman at large, nominations may be made by nomination

papers signed by seventy-five eligible electors residing in the city equal in number to at least two percent of the total vote received by all candidates for mayor at the last preceding city election. b. For the office of ward alderman, nominations may bemade by nomination papers signed

by seventy-five eligible electors residing in the ward equal in number to at least two percent of the total vote received by all candidates for ward alderman in that ward at the last preceding city election.

Sec. 21. Section 48A.28, subsection 2, paragraph b, as amended by 2021 Iowa Acts, Senate File 413, 1 is amended to read as follows: b. A commissioner participating in the national change of address program, in the first

quarter of each calendar year, shall send a notice and preaddressed, postage paid return card by forwardable mail to each registered voter whose name was not reported by the national change of address program and who has not voted in the most recent general election and has not registered again or who has not reported a change to an existing registration. Registered voters receiving such notice shall be marked inactive. The form and language of the notice and return card shall be specified by the state voter registration commission by rule. A registered voter shall not be sent a notice and return card under this subsection more frequently than once in a four-year period. A registered voter shall not be sent a notice and return card under this subsection if the registered voter was not eighteen years of age on the date of the general election.

Sec. 22. Section 48A.30, subsection 1, paragraph a, Code 2021, is amended to read as follows: a. The registered voter dies. For the purposes of this subsection, the commissioner may

accept as evidence of death a notice from the state registrar of vital statistics forwarded by the state registrar of voters, a notice from the federal social security administration, a written statement from a person related to the registered voter within the second degree of consanguinity or first degree of affinity, an obituary in a newspaper or that appears on the internet site of a funeral establishment licensed under chapter 156 or by the proper authority of another state, a written statement from an election official or personal representative of the registered voter’s estate, or a notice from the county recorder of the county where the registered voter died.

Sec. 23. Section 48A.41, subsection 1, as enacted by 2021 Iowa Acts, Senate File 413, 2 section 32, is amended to read as follows: 1. The state registrar of voters shall conduct an audit of voter registration maintenance

by each commissioner of registration in April of each odd-numbered year, on a schedule determined by the commissioner state registrar of voters.

Sec. 24. Section 49.31, subsection 2, paragraph c, Code 2021, is amended to read as follows: c. On the general election ballot the names of candidates for the nonpartisan offices listed

in section 39.21 shall be arranged by drawing lots for position. The commissioner shall hold the drawing on the first business day following the deadline for filing of nomination certificates or petitions with the commissioner for the general election pursuant to section 44.4 sixty-eighth day prior to the first Tuesday after the first Monday in November. If a

1 Chapter 12 herein 2 Chapter 12 herein

WedAug 18 21:15:41 2021, v B20|A10 5/12

CH. 147 6

candidate withdraws, dies, or is removed from the ballot after the ballot position of names has been determined, such candidate’s name shall be removed from the ballot, and the order of the remaining names shall not be changed.

Sec. 25. NEWSECTION. 49.42B Form of official ballot — candidates for president and vice president. When candidates for president and vice president of the United States appear on the

ballot, the following statement shall appear directly above the section of the ballot listing such candidates:

[A ballot cast for the named candidates for president and vice president of the United States is considered to be cast for the slate of presidential electors nominated by the political party, nonparty political organization, or independent candidate.]

Sec. 26. Section 49.43, subsection 2, Code 2021, is amended to read as follows: 2. Constitutional amendments and other public measures may shall be summarized by the

commissioner as provided in sections 49.44 and 52.25.

Sec. 27. Section 49.44, subsection 1, Code 2021, is amended to read as follows: 1. When a proposed constitutional amendment or other public measure to be decided by

the voters of the entire state is to be voted upon, the state commissioner shall prepare a written summary of the amendment or measure including the number of the amendment or statewide public measure assigned by the state commissioner. The summary shall be printed immediately preceding the text of the proposed amendment or measure on the paper ballot or optical scan ballot referred to in section 49.43. If the complete text of the proposed amendment or public measure will not fit on the ballot it shall be posted inside the voting booth. A copy of the full text shall be included with any absentee ballots.

Sec. 28. Section 49.53, subsection 1, Code 2021, is amended to read as follows: 1. The commissioner shall not less than four nor more than twenty days before the day

of each election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall contain a facsimile of the portion of the ballot containing the first rotation as prescribed by section 49.31, subsection 2, and shall show list the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The sample ballot published as a part of the notice may at the discretion of the commissioner be reduced in size relative to the actual ballot but such reduction shall not cause upper case letters appearing in candidates’ names or in summaries of public measures on the published sample ballot to be less than nine point type. The notice shall also state the date of the election, the hours the polls will be open, that each voter is required to provide identification at the polling place before the voter can receive and cast a ballot, the location of each polling place at which voting is to occur in the election, and the names of the precincts voting at each polling place, but the statement need not set forth any fact which is apparent from the portion of the ballot appearing as a part of the same notice. The notice shall include the full text of all public measures to be voted upon at the election. The notice may contain one or more facsimiles of the portion of the ballot containing the first rotation as prescribed by section 49.31, subsection 2.

Sec. 29. Section 49.57, subsection 6, Code 2021, is amended to read as follows: 6. A portion of the ballot shall include the words “Official ballot”, the unique identification

number or name assigned by the commissioner to the ballot style, the date of the election, and the impression facsimile or likeness of the county seal of the county of the commissioner who has caused the ballot to be printed pursuant to section 49.51.

Sec. 30. Section 49.58, subsection 1, Code 2021, is amended to read as follows: 1. If any candidate nominated by a political party, as defined in section 43.2, for the office

of senator or representative in the Congress of the United States, governor, attorney general, or senator or representative in the general assembly dies during the period beginning on the eighty-eighth eighty-first day and ending at the time the polls close on the last day before

WedAug 18 21:15:41 2021, v B20|A10 6/12

7 CH. 147

of the general election, or if any candidate so nominated for the office of county supervisor dies during the period beginning on the seventy-third seventy-fourth day and ending at the time the polls close on the last day before of the general election, the vote cast at the general election for that office shall not be canvassed as would otherwise be required by chapter 50. Instead, a special election shall be held on the first Tuesday after the second Monday in December, for the purpose of electing a person to fill that office.

Sec. 31. Section 49.75, Code 2021, is amended to read as follows: 49.75 Oath. Before opening the polls, each of the board members shall take the following oath:

I, A. B., do solemnly swear or affirm that I will impartially, and to the best of my knowledge and ability, perform the duties of precinct election official of this election, and will studiously endeavor to prevent fraud, deceit, and abuse in conducting the election. I understand that as a precinct election official, I have access to

certain information that is considered confidential and is protected under Code chapters 22, 39A, 48A, and 715C. Due to this protected status, I agree to only release this information in accordance with Iowa law. Additionally, I understand that the prohibition on sharing

confidential information extends before and after the hours that my assigned polling place is open.

Sec. 32. Section 49.78, subsection 4, Code 2021, is amended to read as follows: 4. A person who is registered to vote but is unable to present a form of identification under

subsection 2 or 3 may establish identity and residency in the precinct by written oath of a person who is also registered to vote in the precinct. Before signing an oath under this subsection, the attesting registered voter shall present to the precinct election official proof of the voter’s identity as provided in subsection 2 or 3. The attesting registered voter’s oath shall attest to the stated identity of the person wishing to vote and that the person is a current resident of the precinct. The oath must be signed by the attesting registered voter in the presence of the appropriate precinct election official. A registered voter who has signed two oaths on election day attesting to a person’s identity and residency as provided in this subsection is prohibited from signing any further oaths as provided in this subsection on that day.

Sec. 33. Section 49.81, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 6. If a person casts a provisional ballot pursuant to this section or

section 49.78, the voter must offer the required proof of residency or identification to vote in the polling place before the polls close on election day, or to the commissioner’s office in order for the ballot to be counted. The proof must be received by the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, the proof must be received by the commissioner before the canvass for that election by the board of supervisors.

Sec. 34. Section 49A.6, Code 2021, is amended to read as follows: 49A.6 Certification — sample ballot. The state commissioner of elections shall, not less than sixty-nine sixty-three days

preceding any election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state, transmit to the county commissioner of elections of each county a certified copy of the amendment or measure and a sample of the ballot to be used in such cases, prepared in accordance with law.

Sec. 35. Section 50.11, subsection 1, Code 2021, is amended to read as follows: 1. When the canvass is completed one of the precinct election officials shall publicly

announce the total number of votes received by each of the persons voted for, the office for which the person is designated, as announced by the designated tally keepers, and the

WedAug 18 21:15:41 2021, v B20|A10 7/12

CH. 147 8

number of votes for, and the number of votes against, any proposition which shall have been submitted to a vote of the people. A precinct election official shall may, at the request of the commissioner who is conducting the election, communicate the election results by telephone or and shall deliver the election results in person pursuant to section 50.14 to the commissioner who is conducting the election immediately upon completion of the canvass.

Sec. 36. NEW SECTION. 50.14 Return of results. When election results are delivered in person to the commissioner who is conducting the

election, the printed results and memory device of the voting equipment shall be returned to the commissioner on election night by two precinct election officials who shall be of different political parties in the case of a partisan election, or by a person designated by the commissioner, including but not limited to a state or local law enforcement officer. The printed results and memory device shall be returned in a securely sealed envelope with the signatures of all board members of the precinct placed across the seal so that the envelope cannot be opened without breaking the seal.

Sec. 37. Section 50.24, subsection 2, Code 2021, is amended to read as follows: 2. Upon convening, the board shall open and canvass the tally lists and shall prepare

abstracts stating the number of votes cast in the county, or in that portion of the county in which the election was held, for each office and on each question on the ballot for the election. The board shall contact the chairperson of the special precinct board before adjourning and include in the canvass any write-in votes tallied and recorded by the special precinct board or any absentee ballots which were received after the polls closed in accordance with section 53.17 and which were canvassed by the special precinct board after election day. The abstract shall further indicate the name of each person who received votes for each office on the ballot, and 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 votes cast for an office or who each received fewer than ten votes and was not determined to be elected shall be reported collectively under the heading “scattering”.

Sec. 38. Section 50.51, subsection 5, Code 2021, is amended to read as follows: 5. In advance of any all other election elections, the state commissioner may shall order an

audit of the election in the manner provided in this section.

Sec. 39. Section 53.2, subsection 4, paragraph a, subparagraph (1), Code 2021, is amended to read as follows: (1) The name and signature of the registered voter and the date on which the request was

signed.

Sec. 40. Section 53.11, subsection 1, Code 2021, is amended by adding the following new paragraphs: NEW PARAGRAPH. c. An otherwise valid petition for a satellite absentee voting station

shall be rejected within four days of the commissioner’s receipt of the petition if any of the following circumstances apply: (1) The site requested is not accessible to elderly and disabled voters. (2) The site requested has other physical limitations that make it impossible to meet the

requirements for ballot security and secret voting. (3) The owner of the site refuses permission to locate the satellite absentee voting station

at the site requested by the petition, unless the site is required to serve as a polling place pursuant to section 49.21, subsection 2. (4) After reasonable efforts, the commissioner is unable to sufficiently staff the satellite

absentee voting station to ensure compliance with the law of this state. NEW PARAGRAPH. d. An otherwise valid petition for a satellite absentee voting station

may be rejected within four days of the commissioner’s receipt of the petition if any of the following circumstances apply:

WedAug 18 21:15:41 2021, v B20|A10 8/12

9 CH. 147

(1) The petition requests a satellite absentee voting station for a city runoff election and a special election is scheduled to be held between the date of the regular city election and the city runoff election. (2) The owner of the site demands payment for the site’s use, unless the site is required to

serve as a polling place pursuant to section 49.21, subsection 2.

Sec. 41. Section 53.11, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 7. Notwithstanding subsection 1, if the commissioner receives valid

petitions to establish two or more satellite absentee voting stations located within the same precinct, the commissioner may choose to establish a satellite absentee voting station at only one of the locations.

Sec. 42. Section 53.17A, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 4. The state commissioner shall by February 26, 2024, include on the

state commissioner’s internet site an application through which a voter can track the voter’s absentee ballot request form and absentee ballot. The application shall provide all of the following information: a. Whether the voter returned a ballot in person, bymail, or by voting in person at a satellite

location. b. The date the absentee ballot request form was received by the county commissioner. c. The date the absentee ballot was mailed or given to the voter. d. The date the absentee ballot was received by the county commissioner. e. The date the county commissioner opened the outer envelope. f. Whether there is a problem with the absentee ballot request form or absentee ballot that

requires correction by the voter, along with instructions for the voter to contact the county commissioner as soon as possible to resolve the issue.

Sec. 43. Section 53.33, as enacted by 2021 Iowa Acts, Senate File 413, 3 section 65, is amended by striking the section and inserting in lieu thereof the following: 53.33 Unlawful return of ballot. 1. For the purposes of this section: a. “Delivery agent” means an individual registered to vote in this state who has been

designated to return a completed absentee ballot to the commissioner by another registered voter who is unable to return the registered voter’s own absentee ballot due to reason of blindness or other disability. “Delivery agent” does not include the registered voter’s employer, an agent of the registered voter’s employer, an officer or agent of the registered voter’s union, or a person acting as an actual or implied agent for a political party as defined in section 43.2, or a candidate or committee, as defined in section 68A.102. b. “Immediate family member”means an individual related to a registered voter within the

fourth degree of consanguinity or affinity. 2. No person other than the registered voter, an individual who lives in the same household

as the registered voter, an immediate family member of the registered voter, an individual acting in accordance with section 53.22, or a delivery agent acting on behalf of a registered voter who is unable to return the registered voter’s own ballot due to reason of blindness or other disability, shall collect and return a completed absentee ballot. 3. A registered voter who is unable to return the registered voter’s own completed

absentee ballot due to reason of blindness or any physical disability other than intoxication may designate a delivery agent to return the registered voter’s completed absentee ballot. The registered voter shall complete and sign a designation of delivery agent form prescribed by the state commissioner prior to surrendering a ballot to a delivery agent. 4. A delivery agent shall return no more than two completed absentee ballots per election.

This limit shall apply to all elections occurring on the same calendar date. 5. A delivery agent shall fill out a receipt pursuant to section 53.17, subsection 4, when

retrieving a completed absentee ballot from a registered voter.

3 Chapter 12 herein

WedAug 18 21:15:41 2021, v B20|A10 9/12

CH. 147 10

6. A delivery agent shall collect the registered voter’s designation of delivery agent form at the time the delivery agent collects the registered voter’s completed absentee ballot. The delivery agent shall deliver the registered voter’s designation of delivery agent form to the commissioner at the same time as the registered voter’s completed absentee ballot. 7. Notwithstanding any provision of law to the contrary, a delivery agent shall do all of the

following when delivering a completed absentee ballot to the commissioner: a. Deliver the completed absentee ballot in person to the commissioner’s office. The

delivery agent shall not deliver the completed absentee ballot by mail or to a ballot drop box. b. Present identification sufficient to establish identity pursuant to section 49.78. c. On a form prescribed by the state commissioner, the delivery agent shall provide the

delivery agent’s full legal name, residential address, phone number, and electronic mail address, if applicable. The delivery agent shall also sign under penalty of perjury a statement in substantially the following form:

Under penalty of perjury, I hereby certify that I am a registered voter in the State of Iowa and not the employer, agent of the employer, or officer or agent of the union of the registered voter whose completed absentee ballot I am returning, or a person acting as an actual or implied agent for a political party as defined in section 43.2, or a candidate or committee, as defined in section 68A.102. I also certify that I am acting as the delivery agent of the registered voter whose completed absentee ballot I am returning, that I am returning the registered voter’s completed absentee ballot to the commissioner who issued the ballot, and that I have not altered or tampered with the ballot. I acknowledge that Iowa law prohibits delivery agents from returning more than two completed absentee ballots for all elections occurring on the same date. I have complied with Iowa law. I understand that if I provide false information on this form, I may be guilty of perjury, a class “D” felony, and subject to a maximum prison term not to exceed five years and a fine of at least $1,025 but not more than $10,245.

Sec. 44. Section 53.37, subsection 2, Code 2021, is amended to read as follows: 2. The term “armed forces of the United States”, as used in this subchapter, shall mean the

army, navy, marine corps, coast guard, and air force, and space force of the United States.

Sec. 45. Section 53.49, Code 2021, is amended to read as follows: 53.49 Applicable to armed forces and other citizens. The provisions of this subchapter as to absent voting shall apply only to absent voters in

the armed forces of the United States as defined for the purpose of absentee voting in section 53.37. The provisions of sections 53.1 through 53.34 53.33 shall apply to all other voters not members of the armed forces of the United States.

Sec. 46. Section 54.9, Code 2021, is amended to read as follows: 54.9 Compensation. The electors shall each receive a compensation of five dollars one-half of the federal general

services administration’s per diem rate for the relevant date and location for every day’s attendance, and the same mileage as members of the general assembly which shall be paid from funds not otherwise appropriated from the general fund of the state.

Sec. 47. Section 99F.7, subsection 11, paragraph a, Code 2021, is amended to read as follows: a. A license to conduct gambling games in a county shall be issued only if the county

electorate approves the conduct of the gambling games as provided in this subsection. The board of supervisors, upon receipt of a valid petition meeting the requirements of section 331.306, and subject to the requirements of paragraph “e”, shall direct the commissioner of elections to submit to the registered voters of the county a proposition to approve or disapprove the conduct of gambling games in the county. The proposition shall be submitted at an election held on a date specified in section 39.2, subsection 4, paragraph “a”. To be

WedAug 18 21:15:41 2021, v B20|A10 10/12

11 CH. 147

submitted at a general election, the petition must be received by the board of supervisors at least five working days before the last day for candidates for county offices to file nomination papers for the general election pursuant to section 44.4. If a majority of the county voters voting on the proposition favor the conduct of gambling games, the commission may issue one or more licenses as provided in this chapter. If a majority of the county voters voting on the proposition do not favor the conduct of gambling games, a license to conduct gambling games in the county shall not be issued.

Sec. 48. Section 277.4, subsection 4, Code 2021, is amended to read as follows: 4. Any person on whose behalf nomination petitions have been filed under this sectionmay

withdraw as a candidate by filing a signed statement to that effect with the secretary at any time prior to 5:00 p.m. on the thirty-fifth day before the election consistent with section 44.9, subsection 5.

Sec. 49. Section 331.552, subsection 4, Code 2021, is amended to read as follows: 4. Keep the official county seal provided by the county. The official seal shall be an

impression seal on the face of which shall appear the name of the county, the word “county”, which may be abbreviated, and the word “Iowa”. A county shall have only one official county seal.

Sec. 50. Section 347.25, subsection 1, Code 2021, is amended to read as follows: 1. The election of hospital trustees whose offices are established by this chapter or chapter

145A or 347A shall take place at the general election on ballots which shall not reflect a nominee’s political affiliation. Nomination shall be made by petition in accordance with chapter 45. The petition form shall be furnished by the county commissioner of elections, shall be signed by fifty eligible electors of the county, and shall be filed with the county commissioner of elections at least sixty-nine days before the date of the election. A plurality is sufficient to elect hospital trustees.

Sec. 51. Section 376.5, Code 2021, is amended to read as follows: 376.5 Publication of ballot. Notice containing a copy of the ballot for each regular, special, primary, or runoff city

election must shall be published by the county commissioner of elections as provided in section 362.3, except that notice of a regular, primary, or runoff election may be published not less than four days before the date of the election. The published notice must contain list the names of all candidates, and may not contain any party designations. The published notice must contain include any question to be submitted to the voters. The notice may contain one or more facsimiles of the portion of the ballot containing the first arrangement of candidates as prescribed by section 49.31, subsection 2.

Sec. 52. REPEAL. Sections 43.80 and 53.34, Code 2021, are repealed.

Sec. 53. REPEAL. 2017 Iowa Acts, chapter 155, section 1, is repealed.

Sec. 54. EFFECTIVE DATE. 1. Except as otherwise provided, this Act, being deemed of immediate importance, takes

effect upon enactment. 2. The following take effect January 1, 2022: a. The section of this Act amending section 43.11, subsection 1. b. The section of this Act amending section 43.16, subsection 2, paragraph “b”. c. The section of this Act amending section 43.24, subsection 1, paragraph “b”,

subparagraph (2). d. The section of this Act amending section 43.78, subsection 2. e. The section of this Act amending section 43.79. f. The section of this Act amending section 44.4, subsection 2, paragraph “a”,

subparagraphs (1) and (2). g. The section of this Act amending section 44.9, subsections 1 and 2. h. The section of this Act amending section 44.11.

WedAug 18 21:15:41 2021, v B20|A10 11/12

CH. 147 12

i. The section of this Act amending section 45.1, subsections 5, 6, 8, and 9. j. The section of this Act amending section 49.58, subsection 1. k. The section of this Act amending section 50.51, subsection 5.

Approved June 8, 2021

WedAug 18 21:15:41 2021, v B20|A10 12/12