Senate File 543 - Introduced SENATE FILE 543 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1176) A BILL FOR An Act relating to the conduct of election recounts, providing 1 penalties, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1420SV (1) 91 ss/ns
S.F. 543 Section 1. Section 43.49, subsection 1, unnumbered 1 paragraph 1, Code 2025, is amended to read as follows: 2 On the Monday or Tuesday following the primary election, the 3 board of supervisors shall meet, open, and canvass the returns 4 from each voting precinct in the county, and make abstracts 5 thereof, stating the following: 6 Sec. 2. Section 43.56, subsection 1, paragraphs a, b, and c, 7 Code 2025, are amended to read as follows: 8 a. One person or two designees, according to the population 9 of the county as provided in section 50.48, subsection 3, 10 paragraph a , chosen by the candidate requesting the recount, 11 who shall be named in the written request when the request is 12 filed . 13 b. One person or two designees, according to the population 14 of the county as provided in section 50.48, subsection 3, 15 paragraph a , chosen by the candidate who received the highest 16 number of votes for the nomination being recounted at or before 17 the time the board is required to convene . However, if the 18 candidate who requested the recount received more votes than 19 anyone else for the nomination, the candidate who received the 20 second highest number of votes shall designate this person 21 choose the designee or designees, as applicable, to serve on 22 the recount board. 23 c. A third person mutually agreeable to the board members 24 designated by the candidates One or three persons, according 25 to the population of the county as provided in section 26 50.48, subsection 3, paragraph a , who are precinct election 27 officials selected by the chief judge of the judicial district 28 in which the canvass occurs at or before the time the board is 29 required to convene . 30 Sec. 3. Section 46.24, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. A judge of the supreme court, court of appeals, or 33 district court including a district associate judge, full-time 34 associate juvenile judge, or full-time associate probate judge, 35 -1- LSB 1420SV (1) 91 ss/ns 1/ 18
S.F. 543 or a clerk of the district court must receive more affirmative 1 than negative votes to be retained in office. When the poll 2 is closed, the election judges shall publicly canvass the vote 3 forthwith. The board of supervisors shall canvass the returns 4 on the Monday or Tuesday after the election, and shall promptly 5 certify the number of affirmative and negative votes on each 6 judge or clerk to the state commissioner of elections. 7 Sec. 4. Section 47.1, Code 2025, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 9. The state commissioner may, at the state 10 commissioners discretion, call for a recount of any election 11 and advise recount boards convened pursuant to chapter 50. 12 Sec. 5. Section 50.12, Code 2025, is amended to read as 13 follows: 14 50.12 Return and preservation of ballots. 15 Immediately after making the proclamation, and before 16 separating, the board members of each precinct in which votes 17 have been received by paper ballot shall enclose in an envelope 18 or other container all ballots which have been counted by them, 19 except those endorsed Rejected as double, Defective, or 20 Objected to, and securely seal the envelope. The signatures 21 of all board members of the precinct shall be placed across 22 the seal or the opening of the container so that it cannot 23 be opened without breaking the seal. The precinct election 24 officials shall return all the ballots to the commissioner, 25 who shall carefully preserve them for six months. Ballots 26 from elections for federal offices shall be preserved for 27 twenty-two months. The sealed packages containing voted 28 ballots shall be opened only for an official recount authorized 29 by section 50.48 , or 50.49 , or 50.50 , for an election contest 30 held pursuant to chapters 57 through 62 , to conduct an audit 31 pursuant to section 50.50 or 50.51 , or to destroy the ballots 32 pursuant to section 50.19 . 33 Sec. 6. Section 50.21, subsection 1, Code 2025, is amended 34 to read as follows: 35 -2- LSB 1420SV (1) 91 ss/ns 2/ 18
S.F. 543 1. The commissioner shall reconvene the election board of 1 the special precinct established by section 53.20 not earlier 2 than noon on the second day following each election which 3 is required by law to be canvassed on the Monday or Tuesday 4 following the election. If the second day following such an 5 election is a legal holiday the special precinct election board 6 may be convened at noon on the day following the election, and 7 if the canvass of the election is scheduled at any time earlier 8 than the Monday Tuesday following the election, the special 9 precinct election board shall be reconvened at noon on the day 10 following the election. 11 Sec. 7. Section 50.24, subsections 1 and 4, Code 2025, are 12 amended to read as follows: 13 1. The county board of supervisors shall meet to canvass 14 the vote on the first Monday or Tuesday after the day of 15 each election to which this chapter is applicable, unless 16 the law authorizing the election specifies another date for 17 the canvass. If that Monday or Tuesday is a public holiday, 18 section 4.1, subsection 34 , controls. 19 4. For a regular or special city election or a city runoff 20 election, if the city is located in more than one county, the 21 controlling commissioner for that city under section 47.2 shall 22 conduct a second canvass on the second Monday or Tuesday after 23 the day of the election. However, if a recount is requested 24 pursuant to section 50.48 , the controlling commissioner shall 25 conduct the second canvass within two business days after the 26 conclusion of the recount proceedings. Each commissioner 27 conducting a canvass for the city pursuant to subsection 1 28 shall transmit abstracts for the offices and public measures of 29 that city to the controlling commissioner for that city, along 30 with individual tallies for each write-in candidate. At the 31 second canvass, the county board of supervisors of the county 32 of the controlling commissioner shall canvass the abstracts 33 received pursuant to this subsection and shall prepare a 34 combined city abstract stating the number of votes cast in the 35 -3- LSB 1420SV (1) 91 ss/ns 3/ 18
S.F. 543 city for each office and on each question on the ballot for 1 the city election. The combined city abstract shall further 2 indicate the name of each person who received votes for each 3 office on the ballot, the number of votes each person named 4 received for that office, and the number of votes for and 5 against each question submitted to the voters at the election. 6 The votes of all write-in candidates who each received less 7 than five percent of the total votes cast in the city for 8 an office shall be reported collectively under the heading 9 scattering. 10 Sec. 8. Section 50.24, subsection 5, paragraph a, Code 2025, 11 is amended to read as follows: 12 a. For a regular or special school election, if the school 13 district is located in more than one county, the controlling 14 commissioner for that school district under section 47.2 shall 15 conduct a second canvass on the second Monday or Tuesday after 16 the day of election. However, if a recount is requested 17 pursuant to section 50.48 , the controlling commissioner shall 18 conduct the second canvass within two business days after the 19 conclusion of the recount proceedings. Each commissioner 20 conducting a canvass for the school district pursuant to 21 subsection 1 shall transmit abstracts for the offices and 22 public measures of that school district to the controlling 23 commissioner for that school district, along with individual 24 tallies for each write-in candidate. At the second canvass the 25 county board of supervisors of the controlling county shall 26 canvass the abstracts received pursuant to this subsection and 27 shall prepare a combined school district abstract stating the 28 number of votes cast in the school district for each office and 29 on each question on the ballot for the school election. The 30 combined school district abstract shall further indicate the 31 name of each person who received votes for each office on the 32 ballot, the number of votes each person named received for that 33 office, and the number of votes for and against each question 34 submitted to the voters at the election. The votes of all 35 -4- LSB 1420SV (1) 91 ss/ns 4/ 18
S.F. 543 write-in candidates who each received less than five percent of 1 the total votes cast in the school district for an office shall 2 be reported collectively under the heading scattering. 3 Sec. 9. Section 50.48, subsection 1, Code 2025, is amended 4 to read as follows: 5 1. a. The Except as provided in paragraph b , the county 6 board of canvassers shall order a recount of the votes cast for 7 a particular office or nomination in one or more all specified 8 election precincts in that county if a written request for a 9 recount is made filed with the commissioner of that county not 10 later than 5:00 p.m. on the third second day following the 11 county boards canvass of the election in question. For a city 12 runoff election held pursuant to section 376.9 , the written 13 request must be made filed with the commissioner of that county 14 not later than 5:00 p.m. on the day following the county 15 boards canvass of the city runoff election. The request shall 16 be filed with the commissioner of that county and shall be 17 signed by either of the following: 18 (1) A candidate for that office or nomination whose name was 19 printed on the ballot of the precinct or precincts where the 20 recount is requested. 21 (2) Any other person who receives votes for that particular 22 office or nomination in the precinct or precincts where the 23 recount is requested and who is legally qualified to seek and 24 to hold the office in question. 25 b. The state commissioner shall order a recount of the 26 votes cast for a statewide office, a seat in the United States 27 Congress, or electors for president or vice president, or 28 nominations for such offices, in each county specified in a 29 written request if a written request for a recount is filed 30 with the state commissioner not later than 5:00 p.m. on the 31 second day following the county canvass of the election in 32 question. 33 c. If automatic tabulating equipment was used to tabulate 34 votes in the precinct, a written request for a recount must 35 -5- LSB 1420SV (1) 91 ss/ns 5/ 18
S.F. 543 indicate whether the recount shall be conducted only using 1 automated tabulating equipment or by a hand recount. The same 2 method of recounting must be requested and used in each county 3 in which the candidate requests a recount. The request must be 4 filed with the commissioner of the county where the candidate 5 is requesting a recount and must be signed by either of the 6 following: 7 (1) A candidate for that office or nomination whose name 8 was printed on a ballot of the precinct where the recount is 9 requested. 10 (2) Any other person who receives votes for that particular 11 office or nomination in the precinct where the recount is 12 requested and who is legally qualified to seek and to hold the 13 office in question. 14 b. d. Immediately upon receipt of a request for a recount 15 under paragraph a , the commissioner shall send a copy of the 16 request to the apparent winner by certified mail and the state 17 commissioner by electronic mail . Immediately upon receipt 18 of a request for a recount under paragraph b , the state 19 commissioner shall send a copy of the request to the apparent 20 winner by certified mail and the commissioner of each county 21 specified in the request by electronic mail. The commissioner 22 or state commissioner who initially received the request for a 23 recount shall also attempt to contact the apparent winner by 24 telephone. If the apparent winner cannot be reached within 25 four three days, the chairperson of the political party or 26 organization which nominated the apparent winner shall be 27 contacted and shall act on behalf of the apparent winner, 28 if necessary. For candidates for state or federal offices, 29 the chairperson of the state party shall be contacted. For 30 candidates for county offices, the county chairperson of the 31 party shall be contacted. 32 e. Upon completion of an administrative audit, a candidate 33 who submitted a request for a recount may withdraw the request 34 within twenty-four hours. 35 -6- LSB 1420SV (1) 91 ss/ns 6/ 18
S.F. 543 Sec. 10. Section 50.48, subsection 2, Code 2025, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . c. (1) Upon receipt of a written request 3 for a hand recount involving a state office, including a seat 4 in the general assembly, a seat in the United States Congress, 5 or electors for president or vice president, forwarded by 6 the commissioner, the state commissioner shall verify that 7 each request for a recount for that office submitted by that 8 candidate included a request for a hand recount. For each 9 request that did not include a request for a hand recount, the 10 state commissioner shall assess a civil penalty of one hundred 11 dollars against the candidate, to be deposited in the general 12 fund of the state. The civil penalty shall first be deducted 13 from the bond filed by the candidate. 14 (2) Upon verification that a candidate for a state office, 15 including a seat in the general assembly, a seat in the United 16 States Congress, or electors for president or vice president, 17 submitted a written request for a hand recount in at least one 18 but not all counties, the state commissioner shall, within six 19 days following the county canvass of the election, inform each 20 commissioner to which a hand recount was not requested that a 21 hand recount shall be performed pursuant to this section. 22 Sec. 11. Section 50.48, subsections 3 and 4, Code 2025, 23 are amended by striking the subsections and inserting in lieu 24 thereof the following: 25 3. a. The recount shall be conducted by a board which shall 26 consist of one of the following: 27 (1) For a county with a population of fewer than fifteen 28 thousand according to the most recent federal decennial census, 29 all of the following: 30 (a) A designee of the candidate requesting the recount, 31 who shall be named in the written request when the request is 32 filed. 33 (b) A designee of the apparent winning candidate, who shall 34 be named by the candidate at or before the time the board is 35 -7- LSB 1420SV (1) 91 ss/ns 7/ 18
S.F. 543 required to convene. 1 (c) A member who is a precinct election official selected by 2 the chief judge of the judicial district in which the canvass 3 occurs at or before the time the board is required to convene. 4 (2) For a county with a population of at least fifteen 5 thousand but fewer than fifty thousand according to the most 6 recent federal decennial census, all of the following: 7 (a) A designee of the candidate requesting the recount, 8 who shall be named in the written request when the request is 9 filed. 10 (b) A designee of the apparent winning candidate, who shall 11 be named by the candidate at or before the time the board is 12 required to convene. 13 (c) Three members who are precinct election officials 14 selected by the chief judge of the judicial district in which 15 the canvass occurs at or before the time the board is required 16 to convene. 17 (3) For a county with a population of fifty thousand or 18 greater, all of the following: 19 (a) Two designees of the candidate requesting the recount, 20 who shall be named in the written request when the request is 21 filed. 22 (b) Two designees of the apparent winning candidate, who 23 shall be named by the candidate at or before the time the board 24 is required to convene. 25 (c) Three members who are precinct election officials 26 selected by the chief judge of the judicial district in which 27 the canvass occurs at or before the time the board is required 28 to convene. 29 b. Members appointed to the recount board by the chief judge 30 shall be selected consistent with section 49.13, subsection 2, 31 for partisan offices and section 49.12 for nonpartisan offices. 32 c. The commissioner shall convene the persons designated 33 under paragraph a not later than 9:00 a.m. on the sixth 34 day following the county boards canvass of the election in 35 -8- LSB 1420SV (1) 91 ss/ns 8/ 18
S.F. 543 question. 1 4. When all members of the recount board have been selected, 2 the board shall undertake and complete the required recount as 3 expeditiously as reasonably possible in the following manner: 4 a. The commissioner shall inform the board whether the 5 candidate has requested a hand recount. The commissioner 6 or the commissioners designee shall supervise the handling 7 of ballots to ensure that the ballots are protected from 8 alteration or damage. 9 b. The board shall direct the commissioner to retabulate 10 the ballots using the automatic tabulating equipment. The same 11 program used for tabulating the votes on election day shall be 12 used at the recount unless the program is believed or known to 13 be flawed. 14 c. The board shall recount only the ballots which were voted 15 and counted for the office in question, including any disputed 16 ballots returned as required in section 50.5. 17 d. After retabulating the ballots as provided in paragraph 18 b , the board shall compare the printed results of the 19 tabulation equipment to the abstract prepared pursuant to the 20 county boards canvass. The board shall note any discrepancies 21 between the two results. 22 e. If the candidates written request included a request 23 for a hand recount, the board shall separate the ballots into 24 piles: one for each candidate, one for write-in votes, and 25 one for ballots considered an over or under count. The board 26 shall review and tabulate the ballots in each pile as provided 27 in section 49.98. The board shall compare the hand recount 28 results to the printed results of the tabulation equipment and 29 the abstract. If there are discrepancies between the three 30 results, then the results of the hand recount shall control. 31 f. The ballots shall be resealed by the recount board before 32 adjournment and shall be preserved as required by section 33 50.12. 34 Sec. 12. Section 50.48, subsection 5, Code 2025, is amended 35 -9- LSB 1420SV (1) 91 ss/ns 9/ 18
S.F. 543 by adding the following new paragraph: 1 NEW PARAGRAPH . 0b. The recount board shall complete the 2 recount and file its report as follows: 3 (1) For the offices of president and vice president, not 4 later than the seventeenth day following the county boards 5 canvass of the election in question. 6 (2) For a state office, including a seat in the general 7 assembly, or a seat in the United States Congress, not later 8 than the twenty-first day following the county boards canvass 9 of the election in question. 10 (3) For any other office, not later than the thirteenth 11 day following the county boards canvass of the election in 12 question. 13 Sec. 13. Section 50.48, subsection 6, Code 2025, is amended 14 to read as follows: 15 6. a. The commissioner shall promptly notify the state 16 commissioner of any recount of votes for an office to which 17 section 50.30 , or section 43.60 in the case of a primary 18 election, is applicable , or any other office elected by the 19 residents of more than one county . If necessary, the state 20 canvass required by section 50.38 , or by section 43.63 , as the 21 case may be, shall be delayed with respect to the office or the 22 nomination to which the recount pertains. The commissioner 23 shall subsequently inform the state commissioner at the 24 earliest possible time whether any change in the outcome of the 25 election in that county or district resulted from the recount. 26 b. Upon verification that a candidate submitted a 27 written request for a hand recount in at least one but not 28 all counties, the state commissioner shall, within six days 29 following the county canvass of the election, inform each 30 commissioner of a county in which a recount was requested that 31 a hand recount shall be performed pursuant to this section. 32 Sec. 14. Section 50.48, Code 2025, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 9. Before the recount board has issued its 35 -10- LSB 1420SV (1) 91 ss/ns 10/ 18
S.F. 543 final report, the candidate or person who requested the recount 1 may reach an agreement with the apparent winner to accept the 2 results of the original canvass by submitting the agreement in 3 writing to the recount board. Upon receipt of the agreement, 4 the recount board shall cease its work and report to the county 5 commissioner that the results of the original canvass are the 6 official results. 7 Sec. 15. Section 50.49, subsection 1, Code 2025, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 1. a. A recount for any public measure shall be ordered 11 by the board of canvassers not later than two days after 12 the completion of the canvass of voters for the election if 13 a petition requesting a recount is filed with the county 14 commissioner of a county in which the question appeared on the 15 ballot. The petition for a recount shall indicate whether the 16 recount shall be conducted only using automatic tabulating 17 equipment or by a hand recount following the use of automatic 18 tabulating equipment. If a petition requests a hand recount 19 in one county, the petition shall also request a hand recount 20 in each county in which the petition is filed. A petition must 21 be filed by the person submitting the petition in each county 22 in which the public measure appeared on the ballot. If the 23 petition is not filed by the person submitting the petition in 24 each county in which the public measure appeared on the ballot, 25 a recount shall not be conducted. 26 b. The petition must be signed by the greater of ten 27 eligible electors or a number of eligible electors equaling 28 one percent of the total number of votes cast upon the public 29 measure in the county. Each person signing the petition must 30 be a person who was entitled to vote on the public measure in 31 question or would have been so entitled if registered to vote. 32 c. Immediately upon receipt of a petition for a recount, 33 the commissioner shall send a copy of the petition to the 34 state commissioner by electronic mail. The state commissioner 35 -11- LSB 1420SV (1) 91 ss/ns 11/ 18
S.F. 543 shall confirm that a petition was filed in every county the 1 public measure appeared on the ballot prior to the convening of 2 the recount board. The state commissioner shall also verify 3 whether each petition for a recount included a request for 4 a hand recount. If the state commissioner verifies that a 5 petition included a request for a hand recount in at least one 6 but not all counties, the state commissioner shall, prior to 7 convening of the recount board, inform each commissioner at 8 which a hand recount was not requested that a hand recount 9 shall be performed. 10 Sec. 16. Section 50.49, subsection 2, paragraph b, Code 11 2025, is amended by striking the paragraph and inserting in 12 lieu thereof the following: 13 b. Two members who are precinct election officials selected 14 by the chief judge of the judicial district in which the 15 canvass occurs at or before the time the board is required to 16 convene. The members shall be selected consistent with section 17 49.12. 18 Sec. 17. Section 50.49, subsection 2, paragraph c, Code 19 2025, is amended by striking the paragraph. 20 Sec. 18. Section 50.49, subsection 3, Code 2025, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 3. The commissioner shall convene the recount board not 24 later than 9:00 a.m. on the sixth day following the county 25 boards canvass of the election in question. 26 Sec. 19. Section 50.50, Code 2025, is amended to read as 27 follows: 28 50.50 Administrative recounts audits . 29 1. The commissioner who was responsible for conducting an 30 election may request an administrative recount audit when the 31 commissioner is informed or suspects that voting equipment used 32 in the election malfunctioned or that programming errors may 33 have affected the outcome of the election, or if the precinct 34 election officials report counting errors to the commissioner 35 -12- LSB 1420SV (1) 91 ss/ns 12/ 18
S.F. 543 after the conclusion of the canvass of votes in the precinct. 1 An administrative recount audit shall be conducted by the board 2 of the special precinct established by section 53.23 . Bond 3 shall not be required for an administrative recount. The 4 state commissioner may adopt rules for administrative recounts 5 audits . 6 2. If the recount board finds that there is an error 7 in the programming of any voting equipment which may have 8 affected the outcome of the election for any office or public 9 measure on the ballot, the recount board shall describe the 10 errors in its report to the commissioner. The commissioner 11 shall notify the board of supervisors. The supervisors shall 12 determine whether to order an administrative recount for any 13 or all of the offices and public measures on the ballot. Each 14 political party, as defined in section 43.2, may appoint up 15 to five observers to witness an audit conducted pursuant to 16 this section. The observers shall be appointed by the county 17 chairperson or, if the county chairperson fails to make an 18 appointment, by the state chairperson. However, if either or 19 both political parties fail to appoint an observer, the board 20 may continue with the proceedings. 21 Sec. 20. Section 50.51, subsection 3, paragraph a, Code 22 2025, is amended by striking the paragraph. 23 Sec. 21. Section 60.2, Code 2025, is amended to read as 24 follows: 25 60.2 Clerk. 26 The secretary of state clerk of the supreme court shall be 27 the clerk of the court, or, in the secretary of states clerk 28 of the supreme courts absence or inability to act, the clerk 29 of the supreme court secretary of state . 30 Sec. 22. Section 61.2, Code 2025, is amended to read as 31 follows: 32 61.2 Clerk. 33 The secretary of state clerk of the supreme court shall be 34 the clerk of this court ; but if the person holding that office 35 -13- LSB 1420SV (1) 91 ss/ns 13/ 18
S.F. 543 is a party to the contest, the clerk of the supreme court, or, 1 in case of that persons absence or inability, the auditor of 2 state shall be clerk , or, in the clerk of the supreme courts 3 absence or inability to act, the secretary of state. If the 4 person holding the office of secretary of state is a party to 5 the contest, the auditor of state shall be clerk . 6 Sec. 23. Section 260C.15, subsection 5, Code 2025, is 7 amended to read as follows: 8 5. The votes cast in the election shall be canvassed and 9 abstracts of the votes cast shall be certified as required by 10 section 277.20 . In each county whose commissioner of elections 11 is the controlling commissioner for a merged area under section 12 47.2 , the county board of supervisors shall convene on the 13 second Monday or Tuesday after the day of the election to 14 canvass the abstracts of votes cast from each county in the 15 merged area, and declare the results of the voting. The 16 commissioner shall at once issue certificates of election to 17 each person declared elected, and shall certify to the merged 18 area board in substantially the manner prescribed by section 19 50.27 the result of the voting on any public question submitted 20 to the voters of the merged area. Members elected to the board 21 of directors of a merged area shall qualify by taking the oath 22 of office prescribed in section 277.28 . 23 Sec. 24. EFFECTIVE DATE. This Act, being deemed of 24 immediate importance, takes effect upon enactment. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to the conduct of election recounts. 29 The bill changes the composition of recount boards based 30 on the population of the county. For a county of fewer than 31 15,000, the board shall consist of a designee of the candidate 32 requesting the recount, a designee of the apparent winning 33 candidate, and a person who is a precinct election official 34 selected by the chief judge of the judicial district in which 35 -14- LSB 1420SV (1) 91 ss/ns 14/ 18
S.F. 543 the canvass occurs. For a county with a population between 1 15,000 and 49,999, the board shall consist of a designee of the 2 candidate requesting the recount, a designee of the apparent 3 winning candidate, and three persons who are precinct election 4 officials selected by the chief judge of the judicial district 5 in which the canvass occurs. For a county with a population 6 of 50,000 or greater, the board shall consist of two designees 7 of the candidate requesting the recount, two designees of the 8 apparent winning candidate, and three persons who are precinct 9 election officials selected by the chief judge of the judicial 10 district in which the canvass occurs. Members appointed by 11 the chief judge for the recount of a partisan election shall 12 not be comprised of more than one-third of persons who are not 13 members of either of the two political parties whose candidates 14 for president received the most or next-most votes at the last 15 general election for a partisan election and not more than a 16 simple majority of members appointed by a chief judge shall be 17 from the same political party or organization. 18 The bill allows the state commissioner of elections to call 19 for a recount of any election and to advise election recount 20 boards. 21 The bill removes the first and second Monday after an 22 election as a possible date for canvassing an election. 23 The bill requires a county board of canvassers to order a 24 recount in all election districts in a county for a particular 25 office or nomination if a request for a recount is filed with 26 the commissioner of that county not later than 5:00 p.m. on the 27 second day following the boards canvass of the election. The 28 bill requires the state commissioner of elections to order a 29 recount of the votes cast for a statewide office, a seat in 30 the United States Congress, or electors for president or vice 31 president, or nominations for such offices, in each county 32 specified in a written request if the request is filed with the 33 state commissioner not later than 5:00 p.m. on the second day 34 following the county canvass of the election in question. If 35 -15- LSB 1420SV (1) 91 ss/ns 15/ 18
S.F. 543 automatic tabulating equipment was used to tabulate ballots in 1 the precinct, a request for a recount shall indicate whether 2 the recount shall be conducted using only automated tabulating 3 equipment or by hand. The bill requires the candidate to 4 request the same method of recounting in all counties in which 5 the candidate requests a recount. The state commissioner 6 of elections shall assess a civil penalty of $100 against a 7 candidate for each county in which the candidate was required 8 to request a hand recount but did not. The bill requires the 9 penalty to first be deducted from the recount bond paid by the 10 candidate and to be deposited in the general fund of the state. 11 The bill allows a candidate to withdraw a request for a recount 12 within 24 hours of the completion of an administrative audit 13 by a commissioner. 14 The bill requires a recount board to be convened no later 15 than 9:00 a.m. on the sixth day following the canvass of 16 the election. The commissioner shall then inform the board 17 whether the candidate requested a hand recount. The board 18 shall direct the commissioner to retabulate the ballots using 19 the automatic tabulating equipment using the same program as 20 was used to tabulate the votes on election day unless the 21 program is believed or known to be flawed. The board shall 22 recount only the ballots which were voted and counted for 23 the office in question, including disputed ballots. After 24 retabulating, the board shall compare the results to the 25 abstract prepared pursuant to the county boards canvass and 26 note any discrepancies. If the candidate requested a hand 27 recount, the bill requires the ballots to be separated into 28 categories and tabulated. The board shall then compare the 29 results of the tabulation to the results of the canvass and the 30 automatic recount. If there are discrepancies, the results of 31 the hand recount shall control. The bill then requires the 32 board to reseal and preserve the ballots. 33 The bill requires an election recount board to file its 34 report by 17 days after the canvass of an election for the 35 -16- LSB 1420SV (1) 91 ss/ns 16/ 18
S.F. 543 offices of president and vice president, by 21 days after the 1 canvass of an election for a state office or a seat in the 2 United States Congress, and by 13 days after the canvass of any 3 other election. The bill also requires a county commissioner 4 of elections to notify the state commissioner when the county 5 commissioner receives a recount request for any office elected 6 by the residents of more than one county. Upon verification 7 that a candidate requested a hand count in at least one but 8 not all counties where a recount was requested, the bill also 9 requires the state commissioner to inform each commissioner 10 of a county where a recount was requested that a hand recount 11 shall be performed. 12 The bill allows a candidate or person who requested a recount 13 to accept the results of the original canvass of the election, 14 which will cause the election recount board to cease its work. 15 The bill requires a petition for a recount of an election 16 for a public measure to be submitted not later than two days 17 following the canvass of the votes for the measure rather 18 than three days. The bill changes the makeup of the recount 19 board for a public measure by removing a designee named by the 20 commissioner and a person jointly selected by that person and 21 a designee named in the petition requesting the recount and 22 replacing them with two election officials selected by the 23 chief judge of the judicial district where the canvass occurs. 24 The commissioner shall convene the recount board not later than 25 9:00 a.m. on the sixth day following the county boards canvass 26 of the election in question. 27 Under current law, a county commissioner of elections may 28 conduct an administrative recount if the commissioner suspects 29 that voting equipment used in the election malfunctioned or 30 that programming errors may have affected the outcome of the 31 election, or if the precinct election officials report counting 32 errors to the commissioner. The bill instead allows the county 33 commissioner of elections to conduct an administrative audit if 34 such circumstances exist. The bill allows political parties, 35 -17- LSB 1420SV (1) 91 ss/ns 17/ 18
S.F. 543 as defined in Code, to appoint observers to witness the audit. 1 The bill changes the clerk of a court of contest for 2 presidential electors and congresspersons from the secretary 3 of state to the clerk of the supreme court. If the clerk of 4 the supreme court is absent or unable to act, the secretary of 5 state shall be the clerk of the court. For elections for state 6 officers, the bill changes the clerk of a contest court to the 7 clerk of the supreme court. If the clerk of the supreme court 8 is absent or unable to act, the secretary of state shall be the 9 clerk of the court. However, if the secretary of state is a 10 party to the contest, the auditor of state shall be the clerk 11 of the court. 12 The bill takes effect upon enactment. 13 -18- LSB 1420SV (1) 91 ss/ns 18/ 18