Senate File 160 - Introduced SENATE FILE 160 BY SALMON A BILL FOR An Act relating to the use of automatic tabulating equipment 1 and optical scan voting systems. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1669XS (2) 91 ss/ns
S.F. 160 Section 1. Section 49.26, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. a. The commissioner shall determine in advance of each 3 election conducted for a city of three thousand five hundred or 4 less population or for any school district whether the ballots 5 will be counted by automatic tabulating equipment or by the 6 precinct election officials. In making such a determination, 7 the commissioner shall consider voter turnout for recent 8 similar elections and factors considered likely to affect voter 9 turnout for the forthcoming election. 10 b. If the commissioner concludes, pursuant to paragraph a , 11 that voting will probably be so light as to make counting of 12 ballots by the precinct election officials less expensive than 13 preparation and use of automatic tabulating equipment, paper 14 ballots may be used, subject to paragraph c . If paper ballots 15 are used, the commissioner shall use ballots and instructions 16 similar to those used when the ballots are counted by automatic 17 tabulating equipment. 18 c. Notwithstanding a determination by the commissioner 19 pursuant to paragraph b , upon receipt of a petition signed by 20 not less than one hundred eligible electors, the commissioner 21 shall count the ballots at an election described in paragraph 22 a using automatic tabulating equipment. A petition filed 23 under this paragraph must be received by the commissioner 24 not later than 5:00 p.m. on the forty-second day before the 25 election. 26 Sec. 2. Section 52.1, subsection 1, Code 2025, is amended 27 to read as follows: 28 1. At all elections conducted under chapter 49 , and at 29 any other election unless the commissioner directs otherwise 30 pursuant to section 49.26 , votes shall may be cast, registered, 31 recorded, and counted by means of optical scan voting systems, 32 in accordance with this chapter . 33 Sec. 3. Section 52.2, Code 2025, is amended to read as 34 follows: 35 -1- LSB 1669XS (2) 91 ss/ns 1/ 2
S.F. 160 52.2 Optical scan voting system required allowed . 1 Notwithstanding any provision to the contrary, for elections 2 held on or after November 4, 2008 July 1, 2025 , a county shall 3 may use an optical scan voting system only . The requirements 4 of the federal Help America Vote Act, Pub. L. No. 107-252, 116 5 Stat. 1666, relating to disabled voters shall may be met by a 6 county through the use of electronic ballot marking devices 7 that are compatible with an optical scan voting system. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill relates to the use of automatic tabulating 12 equipment and optical scan voting systems in elections. The 13 bill strikes provisions requiring the use of optical scan 14 voting systems in all elections and the use of automatic 15 tabulating equipment in certain elections. 16 -2- LSB 1669XS (2) 91 ss/ns 2/ 2