| 1 | 1 | | House File 596 - Introduced HOUSE FILE 596 BY HARRIS A BILL FOR An Act relating to the recounting and contesting of elections, 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1833YH (4) 91 ss/ns |
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| 3 | 3 | | H.F. 596 Section 1. Section 50.48, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2025, is amended to read as 2 follows: 3 The Except as provided in paragraph c , the county board 4 of canvassers shall order a recount of the votes cast for a 5 particular office or nomination in one or more specified each 6 election precincts in that county precinct where a vote was 7 cast for an office if a written request for a recount is made 8 not later than 5:00 p.m. on the third day second Wednesday 9 following the county boards canvass of the election in 10 question and the abstracts prepared pursuant to section 50.24, 11 or section 43.49 in the case of a primary election, indicate 12 that the difference between the total number of votes cast for 13 the apparent winner and the total number of votes cast for the 14 candidate requesting the recount is one percent or less . For 15 a city runoff election held pursuant to section 376.9 , the 16 written request must be made not later than 5:00 p.m. on the 17 day following the county boards canvass of the city runoff 18 election. The request shall be filed with the commissioner of 19 that county and shall be signed by either of the following: 20 Sec. 2. Section 50.48, subsection 1, Code 2025, is amended 21 by adding the following new paragraphs: 22 NEW PARAGRAPH . c. The state commissioner of elections 23 shall order a recount of the votes cast for the election or 24 nomination of a candidate for a statewide elected office, 25 member of the general assembly, or federal office in each 26 precinct where a vote was cast for the office if a written 27 request for a recount is made not later than 5:00 p.m. on the 28 second Wednesday following the election in question and the 29 abstracts prepared pursuant to section 50.24, or section 43.49 30 in the case of a primary election, indicate that the difference 31 between the total number of votes cast for the apparent winner 32 and the total number of votes cast for the candidate requesting 33 the recount is one percent or less. Immediately upon receipt 34 of a request for a recount pursuant to this paragraph, the 35 -1- LSB 1833YH (4) 91 ss/ns 1/ 11 |
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| 5 | 5 | | H.F. 596 state commissioner of elections shall send a copy of the 1 request to each commissioner of a county where a ballot for 2 the office was cast, who shall conduct a recount as provided 3 by this section and on such date as the state commissioner of 4 elections may direct. The state commissioner of elections 5 shall order the start of a recount pursuant to this paragraph 6 within seven days of receipt by the state commissioner of 7 elections of the request for a recount. A candidate for an 8 office filled by the electors of the entire state shall not be 9 required to pay more than one bond for a recount. 10 NEW PARAGRAPH . d. Immediately upon receipt of a request 11 for a recount for an office filled by the electors of more than 12 one county, other than from the state commissioner of elections 13 pursuant to paragraph c , the commissioner shall send a copy of 14 the request to each commissioner of a county where a ballot for 15 the office was cast, who shall conduct a recount as provided in 16 this section. 17 Sec. 3. Section 50.48, subsection 2, paragraph a, 18 unnumbered paragraph 1, Code 2025, is amended to read as 19 follows: 20 The candidate requesting a recount under this section shall 21 post a bond, unless the abstracts prepared pursuant to section 22 50.24 , or section 43.49 in the case of a primary election, 23 indicate that the difference between the total number of votes 24 cast for the apparent winner and the total number of votes 25 cast for the candidate requesting the recount is less than the 26 greater of fifty votes or one-tenth of one percent or less of 27 the total number of votes cast for the office or nomination in 28 question. The candidate requesting the recount shall sign an 29 affidavit affirming that the candidate shall be responsible 30 for the payment of the bond if the candidates committee does 31 not pay for the bond. If a recount is requested for an office 32 to which more than one person was elected, the vote difference 33 calculations shall be made using the difference between the 34 number of votes received by the person requesting the recount 35 -2- LSB 1833YH (4) 91 ss/ns 2/ 11 |
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| 7 | 7 | | H.F. 596 and the number of votes received by the apparent winner 1 who received the fewest votes. Where votes cast for that 2 office or nomination were canvassed in more than one county, 3 the abstracts prepared by the county boards in all of those 4 counties shall be totaled for purposes of this subsection . 5 If a bond is required, it shall be filed with the state 6 commissioner for recounts involving a state office, including 7 a seat in the general assembly, or a seat in the United States 8 Congress, and with the commissioner responsible for conducting 9 the election in all other cases, and shall be in the following 10 amount: 11 Sec. 4. Section 50.48, subsections 3 and 4, Code 2025, are 12 amended to read as follows: 13 3. a. The recount shall be conducted by a board which shall 14 consist of : 15 (1) A designee of the candidate requesting the recount, who 16 shall be named in the written request when it is filed. 17 (2) A designee of the apparent winning candidate, who shall 18 be named by that candidate at or before the time the board is 19 required to convene. 20 (3) A person chosen jointly by the members designated under 21 subparagraphs (1) and (2) the commissioner, the commissioners 22 staff, and any persons employed by the commissioner to tally 23 ballots during the election . 24 b. The commissioner shall convene the persons designated 25 under paragraph a , subparagraphs (1) and (2), not later 26 than 9:00 a.m. on the seventh day following the county 27 boards canvass receipt of a request for the recount of the 28 election in question. If those two members cannot agree on 29 the third member by 8:00 a.m. on the ninth day following the 30 canvass, they shall immediately so notify the chief judge of 31 the judicial district in which the canvass is occurring, who 32 shall appoint the third member not later than 5:00 p.m. on the 33 eleventh day following the canvass. 34 c. The candidate requesting the recount and the apparent 35 -3- LSB 1833YH (4) 91 ss/ns 3/ 11 |
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| 9 | 9 | | H.F. 596 winning candidate of the office subject to the recount may 1 select not more than five persons to observe the conduct 2 of the recount. The candidates shall submit the names of 3 any observers appointed pursuant to this paragraph to the 4 commissioner prior to the start of the recount. 5 4. a. When all members of the recount board have been 6 selected convened , the board shall undertake and complete the 7 required recount as expeditiously as reasonably possible. The 8 commissioner or the commissioners designee shall supervise the 9 handling of ballots to ensure that the ballots are protected 10 from alteration or damage. The board shall open only the 11 sealed ballot containers from the precincts specified to be 12 recounted in the request or by the recount board. The board 13 shall recount only the all ballots which were voted and counted 14 for the office in question, including any disputed ballots 15 returned as required in section 50.5 . If automatic tabulating 16 equipment was used to count the ballots, the recount board 17 may request the commissioner to retabulate the ballots using 18 the automatic tabulating equipment. The same program used 19 for tabulating the votes on election day shall be used at the 20 recount unless the program is believed or known to be flawed. 21 A recount may be conducted either by hand or by the use of 22 automatic tabulating equipment, but not both. The commissioner 23 shall make all pieces of automatic tabulating equipment 24 available for use in the recount. 25 b. Any member of the recount board may at any time during 26 the recount proceedings extend the recount of votes cast for 27 the office or nomination in question to any other precinct or 28 precincts in the same county, or from which the returns were 29 reported to the commissioner responsible for conducting the 30 election, without the necessity of posting additional bond. 31 c. b. The ballots shall be resealed by the recount board 32 before adjournment and shall be preserved as required by 33 section 50.12 . At the conclusion of the recount, the recount 34 board shall make and file with the commissioner a written 35 -4- LSB 1833YH (4) 91 ss/ns 4/ 11 |
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| 11 | 11 | | H.F. 596 report of its findings, which shall be signed by at least two 1 two-thirds of the members of the recount board. The recount 2 board shall complete the recount and file its report not later 3 than the eighteenth day following the county boards canvass 4 commissioners receipt of a request for the recount of the 5 election in question. 6 Sec. 5. Section 50.48, Code 2025, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 9. a. The commissioner shall comply with 9 all guidance issued by the state commissioner of elections 10 pursuant to section 47.1 during the conduct of a recount. The 11 state commissioner may halt a recount, take custody of all 12 ballots and equipment used in the recount, and appoint staff 13 to conduct a recount if the state commissioner believes that a 14 recount is not being conducted as required by law. 15 b. If the state commissioner believes that a commissioner 16 is purposefully conducting a recount in violation of law, 17 the state commissioner may impose a civil penalty on the 18 commissioner not to exceed twenty-five thousand dollars, to be 19 deposited in the general fund of the state. 20 Sec. 6. Section 57.7, Code 2025, is amended to read as 21 follows: 22 57.7 Contest court for contest of public measure appeal . 23 The court for the trial of a contested election on a 24 public measure shall consist of one person designated by 25 the petitioners who are contesting the election, who shall 26 be designated in writing by the petitioners at the time 27 the contest is filed, one person designated by the county 28 commissioner of elections to represent the interests adverse 29 to those of the petitioners, and a third person who shall be 30 chosen jointly by the designees of the petitioners and of the 31 commissioner. If the persons selected by the petitioners and 32 the county commissioner of elections cannot agree on a third 33 person, the chief judge of the judicial district in which the 34 contest is filed shall appoint a third person to serve five 35 -5- LSB 1833YH (4) 91 ss/ns 5/ 11 |
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| 13 | 13 | | H.F. 596 district court judges, appointed by the chief justice of the 1 supreme court by January 30 of each odd-numbered year . The 2 decision of the contest court may be appealed to the supreme 3 court. 4 Sec. 7. Section 58.4, Code 2025, is amended by striking the 5 section and inserting in lieu thereof the following: 6 58.4 Contest court. 7 The contest court shall consist of five district court 8 judges, appointed by the chief justice of the supreme court by 9 January 30 of each odd-numbered year. 10 Sec. 8. Section 58.5, Code 2025, is amended to read as 11 follows: 12 58.5 Powers and proceedings. 13 The members thus drawn selected shall constitute a committee 14 to try and determine the contested election, and for that 15 purpose shall hold their meetings publicly at the place 16 where the general assembly is sitting, at such times as they 17 may designate; and may adjourn from day to day or to a day 18 certain, not more than four days distant, until such trial is 19 determined; shall have power to send for persons and papers, 20 and to take all necessary means to procure testimony, extending 21 like privileges to the contestant and the incumbent; and shall 22 report their judgment to both branches of the general assembly, 23 which report shall be entered on the journals of both houses. 24 Sec. 9. Section 58.7, Code 2025, is amended to read as 25 follows: 26 58.7 Judgment. 27 The judgment of the committee pronounced in the final 28 decision on the election shall be conclusive may be appealed to 29 the supreme court . 30 Sec. 10. Section 60.1, Code 2025, is amended to read as 31 follows: 32 60.1 Court of contest. 33 The court for the trial of contested elections for 34 presidential electors or for the office of senator or 35 -6- LSB 1833YH (4) 91 ss/ns 6/ 11 |
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| 15 | 15 | | H.F. 596 representative in Congress shall consist of the chief justice 1 of the supreme court, who shall be presiding judge of the 2 court, and four five judges of the district court to be 3 selected by the chief justice of the supreme court by January 4 30 of each odd-numbered year , two three of whom , with the chief 5 justice, shall constitute a quorum for the transaction of the 6 business of the court. If the chief justice should for any 7 cause be unable to attend at the trial, the judge longest on 8 the supreme court bench shall preside in place of the chief 9 justice; and any question arising as to the membership of the 10 court shall be determined by the members of the court not 11 interested in the question The district court judge longest 12 serving shall be the presiding judge of the court . 13 Sec. 11. Section 60.6, Code 2025, is amended to read as 14 follows: 15 60.6 Judgment appeal . 16 The judgment of the court shall determine which of the 17 parties to the action is entitled to hold the office and shall 18 be authenticated by the presiding judge and clerk of the court 19 and filed with the secretary of state; and the judgment so 20 rendered shall constitute a final determination of the title 21 to the office may be appealed to the supreme court , and a 22 certificate of appointment shall be issued to the successful 23 party. 24 Sec. 12. Section 61.1, Code 2025, is amended to read as 25 follows: 26 61.1 Contest court. 27 The court for the trial of contested state offices, except 28 that of governor and lieutenant governor, shall consist of 29 three five district judges, not interested, who shall be 30 selected by the chief justice of the supreme court. 31 Sec. 13. Section 61.4, Code 2025, is amended to read as 32 follows: 33 61.4 Selection of court. 34 Upon the filing of such statement, the The chief justice of 35 -7- LSB 1833YH (4) 91 ss/ns 7/ 11 |
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| 17 | 17 | | H.F. 596 the supreme court shall select the membership of the court to 1 try such contest by January 30 of each odd-numbered year , and 2 immediately certify such selection to the clerk of the supreme 3 court. Vacancies shall also be filled by the chief justice. 4 Sec. 14. Section 61.12, Code 2025, is amended to read as 5 follows: 6 61.12 Judgment filed execution. 7 A transcript of the judgment rendered by such court, filed 8 in the office of the clerk of the supreme court, shall have the 9 force and effect of a judgment of the supreme court, except 10 that the judgment of the court may be appealed to the supreme 11 court, and execution may issue therefrom in the first instance 12 against the partys property generally. 13 Sec. 15. Section 62.1A, Code 2025, is amended to read as 14 follows: 15 62.1A Contest court established. 16 The court for the trial of contested county elections shall 17 consist of one member named by the contestant and one member 18 named by the incumbent. If the incumbent fails to name a 19 member, the chief judge of the judicial district shall be 20 notified of the failure to appoint. The chief judge shall 21 designate the second member within one week after the chief 22 judge is notified. These two members shall meet within three 23 days and select a third member to serve as the presiding member 24 of the court. If they cannot agree on the third member of the 25 court within three days after their initial meeting, the chief 26 judge of the judicial district shall be notified of the failure 27 to agree. The chief judge shall designate the presiding member 28 within one week after the chief judge is notified five district 29 judges, appointed by the chief justice of the supreme court by 30 January 30 of each odd-numbered year . 31 Sec. 16. Section 62.20, Code 2025, is amended to read as 32 follows: 33 62.20 Appeal. 34 The party against whom judgment is rendered may appeal 35 -8- LSB 1833YH (4) 91 ss/ns 8/ 11 |
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| 19 | 19 | | H.F. 596 within twenty days to the district supreme court, but, if 1 the party be in possession of the office, such appeal will 2 not supersede the execution of the judgment of the court as 3 provided in section 62.19 , unless the party gives a bond, with 4 security to be approved by the district judge supreme court in 5 a sum to be fixed by the judge supreme court , and which shall be 6 at least double the probable compensation of such officer for 7 six months, which bond shall be conditioned that the party will 8 prosecute the appeal without delay, and that, if the judgment 9 appealed from be affirmed, the party will pay over to the 10 successful party all compensation received by the party while 11 in possession of said office after the judgment appealed from 12 was rendered. The court shall hear the appeal in equity and 13 determine anew all questions arising in the case. 14 Sec. 17. Section 62.21, Code 2025, is amended to read as 15 follows: 16 62.21 Judgment. 17 If, upon appeal, the judgment is affirmed, the district 18 supreme court may render judgment upon the bond for the amount 19 of damages, against the appellant and the sureties thereon. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to the recounting of elections and 24 election contests. The bill requires an election recount to be 25 conducted in each precinct where a ballot for a given office 26 was cast when a recount is requested for that office. The 27 bill changes the deadline for the receipt of a request for 28 a recount to the second Wednesday following an election and 29 makes conforming changes. The bill requires a person seeking a 30 recount of an election for a statewide elected office, member 31 of the general assembly, or federal office to submit the 32 request to the state commissioner of elections. The difference 33 between the total number of votes cast for the apparent winner 34 and the total number of votes cast for the candidate requesting 35 -9- LSB 1833YH (4) 91 ss/ns 9/ 11 |
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| 21 | 21 | | H.F. 596 the recount must be 1 percent or less in order for a recount to 1 be called. The person requesting the recount must pay a bond 2 unless the difference between the total number of votes cast 3 for the apparent winner and the total number of votes cast for 4 the candidate requesting the recount is 0.1 percent or less. 5 The bill requires the candidate requesting the recount to 6 affirm that the candidate will be responsible for the payment 7 of the bond if the candidates committee does not pay for the 8 bond. 9 The bill changes the composition of the election recount 10 board to consist of the county commissioner of elections, 11 the county commissioner of elections staff, and any persons 12 employed by the county commissioner of elections to tally 13 ballots during the election. The bill allows the apparent 14 winning candidate and the candidate requesting the recount 15 to select not more than five persons each to observe the 16 recount. A recount may be conducted either by hand or by use of 17 automatic tabulating equipment, but not by both. The county 18 commissioner of elections must make all automatic tabulating 19 equipment available for use during the recount. The bill 20 requires the recount boards written report of its findings to 21 be signed by at least two-thirds of the members of the board. 22 The bill requires a county commissioner of elections to 23 comply with all guidance issued by the state commissioner of 24 elections. If the state commissioner of elections believes 25 that a recount is not being conducted as required by law, the 26 bill allows the state commissioner to halt the recount, take 27 custody of all ballots and equipment used in the recount, 28 and appoint staff to conduct the recount. If the state 29 commissioner of elections believes that a county commissioner 30 of elections is purposefully conducting a recount in violation 31 of law, the state commissioner may impose a civil penalty on 32 the county commissioner not to exceed $25,000, to be deposited 33 in the general fund of the state. 34 The bill changes the membership of contest courts for public 35 -10- LSB 1833YH (4) 91 ss/ns 10/ 11 |
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| 23 | 23 | | H.F. 596 measures, governor and lieutenant governor, presidential 1 electors and federal officers, state officers, and county 2 officers to consist of five district court judges, appointed 3 by the chief justice of the supreme court by January 30 of each 4 odd-numbered year. The bill allows the decisions of contest 5 courts for public measures, governor and lieutenant governor, 6 presidential electors and federal officers, state officers, and 7 county officers to be appealed to the supreme court. 8 -11- LSB 1833YH (4) 91 ss/ns 11/ 11 |
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