Senate File 541 - Introduced SENATE FILE 541 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1130) 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 1413SV (1) 91 ss/ns
S.F. 541 Section 1. Section 9E.6, subsection 3, paragraph b, 1 subparagraph (1), Code 2025, is amended to read as follows: 2 (1) The state commissioner of elections shall, upon 3 the written request of a party to the contest, certify the 4 eligibility of a program participant to vote or the validity 5 of a program participants absentee ballot. A written request 6 submitted under this paragraph b must contain the voter 7 voters four-digit personal identification number affixed to 8 the program participants absentee ballot. 9 Sec. 2. Section 39.2, subsection 1, paragraph a, Code 2025, 10 is amended to read as follows: 11 a. All special elections which are authorized or required 12 by law, unless the applicable law otherwise requires, shall 13 be held on Tuesday. A special election shall not be held on 14 the first, second, third, and fourth Tuesdays preceding and 15 following the primary and the general elections or on the 16 first, second, and third Tuesdays preceding and following a 17 city or school election . 18 Sec. 3. Section 43.49, subsection 1, unnumbered paragraph 19 1, Code 2025, is amended to read as follows: 20 On the Monday or Tuesday following the primary election, the 21 board of supervisors shall meet, open, and canvass the returns 22 from each voting precinct in the county, and make abstracts 23 thereof, stating the following: 24 Sec. 4. Section 46.24, subsection 1, Code 2025, is amended 25 to read as follows: 26 1. A judge of the supreme court, court of appeals, or 27 district court including a district associate judge, full-time 28 associate juvenile judge, or full-time associate probate judge, 29 or a clerk of the district court must receive more affirmative 30 than negative votes to be retained in office. When the poll 31 is closed, the election judges shall publicly canvass the vote 32 forthwith. The board of supervisors shall canvass the returns 33 on the Monday or Tuesday after the election, and shall promptly 34 certify the number of affirmative and negative votes on each 35 -1- LSB 1413SV (1) 91 ss/ns 1/ 9
S.F. 541 judge or clerk to the state commissioner of elections. 1 Sec. 5. Section 48A.26A, subsection 2, Code 2025, is amended 2 to read as follows: 3 2. If the acknowledgment is returned as undeliverable by 4 the postal service, the commissioner shall attempt to contact 5 the voter by forwardable mail. If a response is not received 6 from the voter within fourteen days after the notice is mailed, 7 the commissioner shall change the status of the registration 8 to inactive status and shall immediately notify the state 9 registrar of voters , the county sheriff, and the county 10 attorney. 11 Sec. 6. Section 48A.37, subsection 1, Code 2025, is amended 12 to read as follows: 13 1. Voter registration records , including voter registration 14 forms, shall be maintained in an electronic medium on the 15 statewide voter registration system . A history of local 16 election participation shall be maintained as part of the 17 electronic record for at least two general, primary, school, 18 and city elections. Absentee voting shall be recorded for 19 the previous two general and primary elections. After each 20 election, the county commissioner shall update telephone 21 numbers provided by registered voters pursuant to section 22 49.77 . 23 Sec. 7. Section 50.9, Code 2025, is amended to read as 24 follows: 25 50.9 Return of ballots not voted. 26 Ballots not voted, or spoiled by voters while attempting 27 to vote, shall be returned by the precinct election officials 28 to the commissioner, and a receipt taken for the ballots. 29 The spoiled ballots shall be preserved for twenty-two months 30 following elections for federal offices and for six months 31 following elections for all other offices . The commissioner 32 shall record the number of ballots sent to the polling places 33 but not voted. The ballots not voted shall be destroyed after 34 the end of the period for contesting the election. However, 35 -2- LSB 1413SV (1) 91 ss/ns 2/ 9
S.F. 541 if a contest is requested, the ballots not voted shall be 1 preserved until the election contest is concluded. 2 Sec. 8. Section 50.11, subsection 2, Code 2025, is amended 3 by striking the subsection. 4 Sec. 9. Section 50.12, Code 2025, is amended to read as 5 follows: 6 50.12 Return and preservation of ballots. 7 Immediately after making the proclamation, and before 8 separating, the board members of each precinct in which votes 9 have been received by paper ballot shall enclose in an envelope 10 or other container all ballots which have been counted by them, 11 except those endorsed Rejected as double, Defective, or 12 Objected to, and securely seal the envelope. The signatures 13 of all board members of the precinct shall be placed across 14 the seal or the opening of the container so that it cannot 15 be opened without breaking the seal. The precinct election 16 officials shall return all the ballots to the commissioner, 17 who shall carefully preserve them for six twenty-two months. 18 Ballots from elections for federal offices shall be preserved 19 for twenty-two months. The sealed packages containing voted 20 ballots shall be opened only for an official recount authorized 21 by section 50.48 , 50.49 , or 50.50 , for an election contest 22 held pursuant to chapters 57 through 62 , to conduct an audit 23 pursuant to section 50.51 , or to destroy the ballots pursuant 24 to section 50.19 . 25 Sec. 10. Section 50.19, subsection 1, Code 2025, is amended 26 to read as follows: 27 1. The commissioner may destroy precinct election 28 registers, the declarations of eligibility signed by voters, 29 and other material pertaining to any election in which federal 30 offices are not on the ballot, except the tally lists and 31 abstracts of votes which have not been electronically recorded, 32 six twenty-two months after the election if a contest is not 33 pending. If a contest is pending, all election materials shall 34 be preserved until final determination of the contest or until 35 -3- LSB 1413SV (1) 91 ss/ns 3/ 9
S.F. 541 twenty-two months after the election, whichever is later . 1 Before destroying the election registers and declarations 2 of eligibility, the commissioner shall prepare records as 3 necessary to permit compliance with chapter 48A, subchapter V . 4 Nomination papers for primary election candidates for state and 5 county offices shall be destroyed ten days before the general 6 election, if a contest is not pending. 7 Sec. 11. Section 50.21, subsection 1, Code 2025, is amended 8 to read as follows: 9 1. The commissioner shall reconvene the election board of 10 the special precinct established by section 53.20 not earlier 11 than noon on the second day following each election which 12 is required by law to be canvassed on the Monday or Tuesday 13 following the election. If the second day following such an 14 election is a legal holiday the special precinct election board 15 may be convened at noon on the day following the election, and 16 if the canvass of the election is scheduled at any time earlier 17 than the Monday Tuesday following the election, the special 18 precinct election board shall be reconvened at noon on the day 19 following the election. 20 Sec. 12. Section 50.24, subsections 1 and 4, Code 2025, are 21 amended to read as follows: 22 1. The county board of supervisors shall meet to canvass 23 the vote on the first Monday or Tuesday after the day of 24 each election to which this chapter is applicable, unless 25 the law authorizing the election specifies another date for 26 the canvass. If that Monday or Tuesday is a public holiday, 27 section 4.1, subsection 34 , controls. 28 4. For a regular or special city election or a city runoff 29 election, if the city is located in more than one county, the 30 controlling commissioner for that city under section 47.2 shall 31 conduct a second canvass on the second Monday or Tuesday after 32 the day of the election. However, if a recount is requested 33 pursuant to section 50.48 , the controlling commissioner shall 34 conduct the second canvass within two business days after the 35 -4- LSB 1413SV (1) 91 ss/ns 4/ 9
S.F. 541 conclusion of the recount proceedings. Each commissioner 1 conducting a canvass for the city pursuant to subsection 1 2 shall transmit abstracts for the offices and public measures of 3 that city to the controlling commissioner for that city, along 4 with individual tallies for each write-in candidate. At the 5 second canvass, the county board of supervisors of the county 6 of the controlling commissioner shall canvass the abstracts 7 received pursuant to this subsection and shall prepare a 8 combined city abstract stating the number of votes cast in the 9 city for each office and on each question on the ballot for 10 the city election. The combined city abstract shall further 11 indicate the name of each person who received votes for each 12 office on the ballot, the number of votes each person named 13 received for that office, and the number of votes for and 14 against each question submitted to the voters at the election. 15 The votes of all write-in candidates who each received less 16 than five percent of the total votes cast in the city for 17 an office shall be reported collectively under the heading 18 scattering. 19 Sec. 13. Section 50.24, subsection 5, paragraph a, Code 20 2025, is amended to read as follows: 21 a. For a regular or special school election, if the school 22 district is located in more than one county, the controlling 23 commissioner for that school district under section 47.2 shall 24 conduct a second canvass on the second Monday or Tuesday after 25 the day of election. However, if a recount is requested 26 pursuant to section 50.48 , the controlling commissioner shall 27 conduct the second canvass within two business days after the 28 conclusion of the recount proceedings. Each commissioner 29 conducting a canvass for the school district pursuant to 30 subsection 1 shall transmit abstracts for the offices and 31 public measures of that school district to the controlling 32 commissioner for that school district, along with individual 33 tallies for each write-in candidate. At the second canvass the 34 county board of supervisors of the controlling county shall 35 -5- LSB 1413SV (1) 91 ss/ns 5/ 9
S.F. 541 canvass the abstracts received pursuant to this subsection and 1 shall prepare a combined school district abstract stating the 2 number of votes cast in the school district for each office and 3 on each question on the ballot for the school election. The 4 combined school district abstract shall further indicate the 5 name of each person who received votes for each office on the 6 ballot, the number of votes each person named received for that 7 office, and the number of votes for and against each question 8 submitted to the voters at the election. The votes of all 9 write-in candidates who each received less than five percent of 10 the total votes cast in the school district for an office shall 11 be reported collectively under the heading scattering. 12 Sec. 14. Section 53.2, subsection 4, paragraph c, Code 2025, 13 is amended to read as follows: 14 c. For purposes of this subsection , voter verification 15 number means the registered voters drivers license number or 16 nonoperators identification card number assigned to the voter 17 by the department of transportation or the registered voters 18 four-digit personal identification number assigned to the voter 19 by the state commissioner pursuant to section 47.7 48A.10A , 20 subsection 2 1 . 21 Sec. 15. Section 53.10, subsection 2, paragraph b, Code 22 2025, is amended to read as follows: 23 b. For purposes of this subsection , voter verification 24 number means the registered voters drivers license number or 25 nonoperators identification card number assigned to the voter 26 by the department of transportation or the registered voters 27 four-digit personal identification number assigned to the voter 28 by the state commissioner pursuant to section 47.7 48A.10A , 29 subsection 2 1 . 30 Sec. 16. Section 53.23, subsection 3, paragraph a, Code 31 2025, is amended to read as follows: 32 a. The commissioner shall set the a convening time for the 33 board of no later than 9:00 a.m. on election day , allowing a 34 reasonable amount of time to complete counting all absentee 35 -6- LSB 1413SV (1) 91 ss/ns 6/ 9
S.F. 541 ballots by 10:00 p.m. on election day. 1 Sec. 17. Section 54.5, subsection 3, Code 2025, is amended 2 to read as follows: 3 3. Each elector nominee and alternate elector nominee 4 of a political party or group of petitioners shall execute 5 the following pledge on a form prescribed by the state 6 commissioner , which shall accompany the submission of the 7 corresponding names to the state commissioner: 8 If selected for the position of elector, I agree to serve 9 and to mark my ballots for president and vice president for 10 the nominees for those offices of the party (or group of 11 petitioners) that nominated me. 12 Sec. 18. Section 260C.15, subsection 5, Code 2025, is 13 amended to read as follows: 14 5. The votes cast in the election shall be canvassed and 15 abstracts of the votes cast shall be certified as required by 16 section 277.20 . In each county whose commissioner of elections 17 is the controlling commissioner for a merged area under section 18 47.2 , the county board of supervisors shall convene on the 19 second Monday or Tuesday after the day of the election to 20 canvass the abstracts of votes cast from each county in the 21 merged area, and declare the results of the voting. The 22 commissioner shall at once issue certificates of election to 23 each person declared elected, and shall certify to the merged 24 area board in substantially the manner prescribed by section 25 50.27 the result of the voting on any public question submitted 26 to the voters of the merged area. Members elected to the board 27 of directors of a merged area shall qualify by taking the oath 28 of office prescribed in section 277.28 . 29 Sec. 19. Section 384.19, subsection 1, Code 2025, is amended 30 to read as follows: 31 1. Within a period of ten days after the final date that 32 a budget or amended budget may be certified to the county 33 auditor, persons affected by the budget may file a written 34 protest with the county auditor specifying their objections 35 -7- LSB 1413SV (1) 91 ss/ns 7/ 9
S.F. 541 to the budget or any part of it. A protest must be signed by 1 registered voters equal in number to one-fourth of one percent 2 of the votes cast for governor in the last preceding general 3 election in the city, but the number shall not be less than 4 ten persons and the number need not be more than one hundred 5 persons population of the city according to the most recent 6 federal decennial census or special census, whichever is later . 7 Sec. 20. REPEAL. Section 52.41, Code 2025, is repealed. 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 administration of elections. 12 The bill requires absentee ballot materials to include the 13 voters four-digit personal identification number instead of 14 the voters voter identification number. The bill prohibits 15 special elections from being held on the first, second, 16 or third Tuesdays preceding and following city or school 17 elections. The bill requires a county commissioner of 18 elections to inform the county sheriff if an acknowledgment of 19 election day and in-person absentee registration form sent by 20 the commissioner does not receive a response from the voter. 21 The bill also requires voter registration records, including 22 voter registration forms, to be maintained on the statewide 23 voter registration system. 24 The bill strikes a provision allowing election officials 25 to electronically transmit results from voting equipment to 26 the county commissioner of elections office after producing a 27 written report of the election results, including provisions 28 relating to the approval of associated devices and the adoption 29 of administrative rules for associated procedures. 30 The bill changes the length of time that a county 31 commissioner of elections must maintain election records for 32 elections in which federal offices are not on the ballot from 33 6 months to 22 months or until the completion of an election 34 contest, whichever is later. Material pertaining to elections 35 -8- LSB 1413SV (1) 91 ss/ns 8/ 9
S.F. 541 for federal offices is maintained for 22 months under current 1 law. The bill strikes a requirement that nomination papers 2 for primary election candidates for state and county offices 3 be destroyed 10 days before the general election if a contest 4 is not pending. 5 The bill removes the first and second Monday following an 6 election as a possible day for conducting a first or second 7 canvass of an election, respectively. 8 The bill requires the special precinct election board 9 to convene no later than 9:00 a.m. on election day for the 10 counting of absentee ballots. 11 The bill requires the state commissioner of elections to 12 prescribe the form of the pledge signed by presidential elector 13 nominees and alternate elector nominees. 14 The bill changes the signature requirement for a written 15 protest of a city budget from a number of registered voters 16 equal to one-fourth of 1 percent of the votes cast for governor 17 in the last preceding general election in the city to a number 18 of registered voters equal to one-fourth of 1 percent of the 19 population of the city according to the most recent federal 20 decennial census or special census, whichever is later. The 21 bill also strikes an alternative minimum number of signatures 22 and an alternative maximum number of signatures. 23 -9- LSB 1413SV (1) 91 ss/ns 9/ 9