| 1 | 1 | | Senate File 540 - Introduced SENATE FILE 540 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1175) A BILL FOR An Act relating to the administration of elections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1422SV (1) 91 ss/ns |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | S.F. 540 Section 1. Section 39A.7, Code 2025, is amended to read as 1 follows: 2 39A.7 Election misconduct investigation. 3 1. The attorney general county sheriff, or other law 4 enforcement agency with jurisdiction, shall investigate 5 allegations of election misconduct reported to the attorney 6 general. Election misconduct by an election official shall 7 also be investigated for prosecution under chapter 721 . 8 2. Upon the completion of an investigation required by 9 this section , the attorney general county sheriff, or other 10 law enforcement agency with jurisdiction, shall submit the 11 results of the investigation , including the report from the 12 law enforcement agency, to the attorney general and the state 13 commissioner , and the attorney general shall explain whether 14 the attorney general will pursue charges. Any information that 15 is requested by or in the possession of the state commissioner 16 pursuant to this chapter remains a confidential record pursuant 17 to section 22.7, subsection 5. 18 Sec. 2. Section 43.18, subsection 9, Code 2025, is amended 19 to read as follows: 20 9. A statement that the candidate is aware that the 21 candidate is disqualified from holding office if the candidate 22 has been convicted of a felony or other infamous crime and 23 the candidates rights have not been restored by the governor 24 or by the president of the United States. This subsection 25 does not apply to candidates for federal office. The state 26 commissioner shall prescribe a separate affidavit of candidacy 27 for candidates for federal office. 28 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2025, 29 is amended to read as follows: 30 i. A statement that the candidate is aware that the 31 candidate is disqualified from holding office if the candidate 32 has been convicted of a felony or other infamous crime and 33 the candidates rights have not been restored by the governor 34 or by the president of the United States. This paragraph 35 -1- LSB 1422SV (1) 91 ss/ns 1/ 8 |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | S.F. 540 does not apply to candidates for federal office. The state 1 commissioner shall prescribe a separate affidavit of candidacy 2 for candidates for federal office. 3 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2025, 4 is amended to read as follows: 5 i. A statement that the candidate is aware that the 6 candidate is disqualified from holding office if the candidate 7 has been convicted of a felony or other infamous crime and 8 the candidates rights have not been restored by the governor 9 or by the president of the United States. This paragraph 10 does not apply to candidates for federal office. The state 11 commissioner shall prescribe a separate affidavit of candidacy 12 for candidates for federal office. 13 Sec. 5. Section 45.3, subsection 9, Code 2025, is amended 14 to read as follows: 15 9. A statement that the candidate is aware that the 16 candidate is disqualified from holding office if the candidate 17 has been convicted of a felony or other infamous crime and 18 the candidates rights have not been restored by the governor 19 or by the president of the United States. This subsection 20 does not apply to candidates for federal office. The state 21 commissioner shall prescribe a separate affidavit of candidacy 22 for candidates for federal office. 23 Sec. 6. Section 47.1, subsections 1, 6, 7, and 8, Code 2025, 24 are amended to read as follows: 25 1. The secretary of state is designated as the state 26 commissioner of elections and shall supervise the activities of 27 the county commissioners of elections. There is established 28 within the office of the secretary of state a division of 29 elections which shall be under the direction of the state 30 commissioner of elections. The state commissioner of 31 elections may appoint a person to be in charge of the division 32 of elections who shall perform the duties assigned by the 33 state commissioner of elections. The state commissioner of 34 elections shall prescribe uniform election practices and 35 -2- LSB 1422SV (1) 91 ss/ns 2/ 8 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | S.F. 540 procedures, shall prescribe the necessary forms required 1 for the conduct of elections, shall assign a number to each 2 proposed constitutional amendment and statewide public measure 3 for identification purposes, and shall adopt rules , pursuant to 4 chapter 17A , to carry out this section . The state commissioner 5 of elections may issue guidance and directives that is are not 6 subject to the rulemaking process to clarify election laws and 7 rules. 8 6. The state commissioner may, at the state commissioners 9 discretion, examine the records of a commissioner to evaluate 10 complaints and to ensure compliance with the provisions of 11 chapters 39 through 53 . This examination shall include but not 12 be limited to assessments conducted or authorized by private or 13 government entities to evaluate a countys security readiness 14 for elections-related technology or physical facilities. The 15 state commissioner shall adopt rules pursuant to chapter 17A to 16 require a commissioner to provide written explanations related 17 to examinations conducted pursuant to this subsection . Any 18 information that is requested by or in the possession of the 19 state commissioner pursuant to this chapter shall not lose its 20 confidential status pursuant to section 22.7 , subsection 50 . 21 7. The state commissioner may share information a county 22 provides to an appropriate government agency to safeguard 23 against cybersecurity or physical threats. A county 24 commissioner of elections shall notify the state commissioner 25 when the county commissioners office is involved in physical 26 or cybersecurity assessments performed by a federal or state 27 agency or other entity. 28 8. The state commissioner may adopt rules pursuant to 29 chapter 17A to create minimum security protocols applicable 30 to county commissioners of elections and vendors utilized 31 by the state commissioner and county commissioners of 32 elections . If a county fails to adhere to these protocols, 33 the state commissioner may limit access to the statewide voter 34 registration system. If a vendor fails to adhere to these 35 -3- LSB 1422SV (1) 91 ss/ns 3/ 8 |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | S.F. 540 protocols, the state commissioner may limit access to election 1 infrastructure. 2 Sec. 7. Section 47.2, subsection 1, Code 2025, is amended 3 to read as follows: 4 1. The county auditor of each county is designated as the 5 county commissioner of elections in each county. The county 6 commissioner of elections shall conduct voter registration 7 pursuant to chapter 48A and conduct all elections within the 8 county. The county commissioner of elections does not possess 9 home rule powers with respect to the exercise of powers or 10 duties related to the conduct of elections prescribed by 11 statute or rule, or guidance or directives issued pursuant to 12 section 47.1 . 13 Sec. 8. Section 49.25, subsection 1, Code 2025, is amended 14 to read as follows: 15 1. The commissioner shall determine pursuant to section 16 49.26, subsection 2 , in advance of an election whether ballots 17 voted in that election shall be counted by automatic tabulating 18 equipment or by precinct election officials. If automatic 19 tabulating equipment will be used, the commissioner shall 20 furnish voting equipment for use by voters with disabilities. 21 Sec. 9. Section 49.26, Code 2025, is amended to read as 22 follows: 23 49.26 Commissioner to decide method Methods of voting 24 counting of ballots . 25 1. In all elections regulated by this chapter , the voting 26 shall be by paper ballots printed and distributed as provided 27 by law, or by voting systems meeting the requirements of 28 chapter 52 . 29 2. a. The commissioner shall determine in advance of each 30 election conducted for a city of three thousand five hundred or 31 less population or for any school district whether the ballots 32 will be counted by automatic tabulating equipment or by the 33 precinct election officials. In making such a determination, 34 the commissioner shall consider voter turnout for recent 35 -4- LSB 1422SV (1) 91 ss/ns 4/ 8 |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | S.F. 540 similar elections and factors considered likely to affect voter 1 turnout for the forthcoming election. 2 b. If the commissioner concludes, pursuant to paragraph a , 3 that voting will probably be so light as to make counting of 4 ballots by the precinct election officials less expensive than 5 preparation and use of automatic tabulating equipment, paper 6 ballots may be used, subject to paragraph c . If paper ballots 7 are used, the commissioner shall use ballots and instructions 8 similar to those used when the ballots are counted by automatic 9 tabulating equipment. 10 c. Notwithstanding a determination by the commissioner 11 pursuant to paragraph b , upon receipt of a petition signed by 12 not less than one hundred eligible electors, the commissioner 13 shall count the ballots at an election described in paragraph 14 a using automatic tabulating equipment. A petition filed 15 under this paragraph must be received by the commissioner 16 not later than 5:00 p.m. on the forty-second day before the 17 election. 18 Sec. 10. NEW SECTION . 49.29 Electronic election register 19 and poll book. 20 1. The commissioner may use an electronic election register 21 or election poll book in lieu of a paper register or poll book 22 if the electronic election register or poll book is a product 23 that has been certified for use in this state by the state 24 commissioner. 25 2. The state commissioner shall adopt rules pursuant to 26 chapter 17A for certification standards for electronic election 27 registers and election poll books. The certification standards 28 must include operational and security standards. 29 Sec. 11. Section 50.24, subsection 3, Code 2025, is amended 30 to read as follows: 31 3. The board shall certify an election canvass summary 32 report prepared by the commissioner. The election canvass 33 summary report shall include the results of the election, 34 including scatterings, overvotes, and undervotes, by precinct 35 -5- LSB 1422SV (1) 91 ss/ns 5/ 8 |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | S.F. 540 for each contest and public measure that appeared on the ballot 1 of the election being canvassed. However, if paper ballots are 2 used pursuant to section 49.26 , the election canvass summary 3 report shall not include overvotes and undervotes. 4 Sec. 12. Section 50.50, Code 2025, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. The state commissioner may, at the state 7 commissioners discretion, call for a recount of any election 8 and advise recount boards convened pursuant to this chapter. 9 Sec. 13. Section 52.1, subsection 1, Code 2025, is amended 10 to read as follows: 11 1. At all elections conducted under chapter 49 , and at 12 any other election unless the commissioner directs otherwise 13 pursuant to section 49.26 , votes shall be cast, registered, 14 recorded, and counted by means of optical scan voting systems, 15 in accordance with this chapter . 16 Sec. 14. Section 54.5, Code 2025, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5. An objection to a nomination made under 19 this section on any grounds other than the legal sufficiency 20 of the certificate of nomination shall not be sustained. The 21 certificate of nomination shall be presumed valid. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to the administration of elections. 26 The bill assigns responsibility for investigating election 27 misconduct reported to the attorney general to the county 28 sheriff or other law enforcement agency with jurisdiction. 29 Upon completion of the investigation, the bill requires the law 30 enforcement agency to report the results of the investigation 31 to the attorney general, in addition to the state commissioner 32 of elections as required under current law. Information in 33 the possession of or requested by the state commissioner of 34 elections as part of an investigation remains a confidential 35 -6- LSB 1422SV (1) 91 ss/ns 6/ 8 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | S.F. 540 record. 1 The bill specifies that candidates for federal office are 2 not required to affirm on an affidavit of candidacy that the 3 candidate is aware that the candidate is disqualified from 4 holding office if the candidate has been convicted of a felony 5 or other infamous crime and the candidates rights have not 6 been restored by the governor or by the president of the United 7 States. The bill directs the state commissioner of elections 8 to create new forms to be used by candidates for federal 9 office. 10 The bill allows the state commissioner of elections to 11 issue directives that are not subject to the administrative 12 rulemaking process to clarify election laws and rules. 13 The bill broadens the scope of records held by a county 14 commissioner of elections that the state commissioner of 15 elections may examine to ensure compliance with requirements 16 relating to the conduct of elections. The bill requires 17 a county commissioner of elections to inform the state 18 commissioner of elections if the county commissioners office 19 is involved in physical or cybersecurity assessments performed 20 by a federal or state agency or other entity. The bill 21 allows commissioners of elections to adopt minimum security 22 protocols that must be complied with by vendors utilized by 23 the commissioners of elections and to limit access to election 24 infrastructure if a vendor does not comply with the security 25 protocols. 26 The bill strikes a provision allowing a county commissioner 27 of elections to choose whether to use automatic tabulating 28 equipment in certain elections and makes conforming changes. 29 The bill allows a county commissioner of elections to use an 30 electronic election register or poll book in lieu of a paper 31 register or poll book if the electronic election register or 32 poll book is a product that has been certified for use in the 33 state by the state commissioner of elections. The bill directs 34 the state commissioner of elections to adopt rules regarding 35 -7- LSB 1422SV (1) 91 ss/ns 7/ 8 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | S.F. 540 electronic election registers and poll books, which must 1 include operational and security standards. 2 The bill allows the state commissioner of elections to call 3 for a recount of any election and advise recount boards. 4 The bill limits objections that may be made to the validity 5 of presidential nominees to the legal sufficiency of the 6 certificate of nomination. Certificates of nomination shall 7 be presumed valid. 8 -8- LSB 1422SV (1) 91 ss/ns 8/ 8 |
|---|