Amendment S-5117 to HF 2486
Relating to the conduct of elections, including emergency powers, procedures relating to electors, and the use of a county seal on materials related to elections
Adopted · June 10, 2020Strike everything: replaces the whole bill
Filed June 9, 2020 in the Senate by
What it changes
AI summary This amendment replaces the entire bill with new rules regarding the Secretary of State's emergency powers during disasters, extreme weather, or armed conflicts. It establishes procedures for declaring emergencies, modifying election methods like relocating polling places or postponing elections, and handling absentee ballots during these events. It also allows the General Assembly or the legislative council to cancel an emergency declaration.1
Read the amendment’s wording
- By striking everything after the enacting clause and inserting: “DIVISION I SECRETARY OF STATE EMERGENCY POWERS Section
- Section 47.1, subsection 2, Code 2020, is amended to read as follows:
- The state commissioner of elections may exercise emergency powers over any election being held in a district in which either a natural or other disaster or extremely inclement weather has occurred within twenty-one days of the election . The state commissioner of elections may also exercise emergency powers during an armed conflict involving United States armed forces, or mobilization of those forces, or if an election contest court finds that there were errors in the conduct of an election making it impossible to determine the result. The state commissioner of elections shall exercise emergency powers as provided in section 47.12. Sec.
- Section 47.1, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION . 2A. The general assembly may, by concurrent resolution, rescind an emergency declaratory order. If the general assembly is not in session, the legislative council may, by a majority vote, rescind the emergency declaration order. Rescission shall be effective upon filing of the concurrent resolution or vote of the legislative council with the secretary of state. Sec.
- Section 47.1, subsection 4, Code 2020, is amended by striking the subsection. Sec.
- NEW SECTION . 47.12 Emergency election procedures.
- For purposes of this section: a. “Election contest court” means any of the courts specified in sections 57.1, 58.4, 61.1, 62.1A, and 376.10. b. “Extremely inclement weather” means a natural occurrence, such as a rainstorm, windstorm, ice storm, blizzard, tornado, or other weather conditions, that makes travel extremely dangerous, that threatens the public health and safety, or that damages and destroys public and private property. c. “Natural disaster” means a natural occurrence, such as a fire, flood, blizzard, earthquake, tornado, windstorm, ice storm, or other events, that threatens the public health and safety or that damages and destroys public and private property. d. “Other disaster” means an occurrence caused by machines or people, such as fire, hazardous substance, or nuclear power plant accident or incident, that threatens the public health and safety or that damages and destroys public and private property.
- The county commissioner of elections, or the county commissioner’s designee, may notify the state commissioner that due to a natural or other disaster or extremely inclement weather an election cannot safely be conducted in the time or place for which the election is scheduled to be held. If the county commissioner or the county commissioner’s designee is unable to transmit notice of the hazardous conditions, the notice may be given by any elected county official. Verification of the county commissioner’s agreement with the severity of the conditions and the danger to the election process shall be transmitted to the state commissioner as soon as possible. Notice may be given by telephone, electronic mail, or by facsimile machine, but a signed notice shall also be delivered to the state commissioner.
- After receiving notice of hazardous conditions, the state commissioner, or the state commissioner’s designee, may declare that an emergency exists in the affected precinct or precincts. A copy of the declaration of the emergency shall be provided to the county commissioner and posted on the internet site for both the state commissioner and the county commissioner.
- a. When the state commissioner has declared that an emergency exists due to a natural or other disaster or to extremely inclement weather, the county commissioner, or the county commissioner’s designee, shall consult with the state commissioner to develop a plan to conduct the election under the emergency conditions. b. Modifications may be made to the method for conducting the election including relocation of polling places, postponement of the hour of opening the polls, postponement of the date of the election if no candidates for federal offices are on the ballot, reduction in the number of precinct election officials in nonpartisan elections, or other reasonable and prudent modifications that will permit the election to be conducted, but no modifications shall be made to requirements for voter identification and absentee ballot request and delivery. All modifications to the usual method for conducting elections shall be approved in advance by the state commissioner unless prior approval is impossible to obtain. c. If an emergency exists in all precincts of a county, the number of polling places shall not be reduced by more than thirty-five percent. The polling places allowed to open shall be equitably distributed in the county based on the ratio of regular polling places located in unincorporated areas in the county to regular polling places in incorporated areas in the county.
- a. A substitute polling place shall be as close as possible to the originally designated polling place and shall be within the same precinct if possible. Preference shall be given to buildings that are accessible to the elderly and disabled. Public buildings shall be made available without charge by the authorities responsible for their administration. If necessary, more than one precinct may be located in the same room. b. A notice of the location of the substitute polling place shall be posted on the door of the former polling place not later than one hour before the scheduled time for opening the polls or as soon as possible. If it is unsafe or impossible to post the sign on the door of the former polling place, the notice shall be posted in some other visible place at or near the site of the former polling place. If time permits, notice of the relocation of the polling place shall be published in the same newspaper in which notice of election was published, otherwise notice of relocation may be published in any newspaper of general circulation in the political subdivision that will appear on or before election day. The county commissioner shall inform all broadcast media and print news organizations serving the jurisdiction of the modifications and publish a notice on the county commissioner’s internet site.
- An election, other than an election at which a federal office appears on the ballot, may be postponed until the following Tuesday. If the election involves more than one precinct, the postponement must include all precincts within the political subdivision. If the election is postponed, ballots shall not be reprinted to reflect the modification in the election date. The date of the close of voter registration by mail for the election shall not be extended. Precinct election registers prepared for the original election date may be used or reprinted at the commissioner’s discretion. Except as provided in this section, a postponed election shall be conducted in the same manner as an election taking place on the regularly scheduled election day.
- a. Absentee ballots shall be delivered to voters pursuant to section 53.22 until the date the election is actually held. Absentee ballots shall be accepted at the commissioner’s office until the hour the polls close on the date the election is held. Absentee ballots that are postmarked no later than the day before the election is actually held or that bear a barcode traceable to a date of entry into the federal mail system no later than the day before the election is actually held shall be accepted if received no later than the length of time prescribed for the usual conduct of the election. The time shall be calculated from the date on which the election is held, not the date for which the election was originally scheduled. b. If absentee ballots have been tabulated before the election is postponed, the absentee ballots shall be sealed in an envelope by the absentee and special voters precinct board and stored securely until the date the election is actually held. The sealed envelopes shall be opened by the absentee and special voters precinct board on the date the election is actually held, counters on the tabulating equipment, if any, shall be reset to zero, and all absentee ballots tabulated on the original election date shall be retabulated.
- The absentee and special voters precinct board shall meet to consider provisional ballots at the times specified in sections 50.22 and 52.23, calculated from the date the election is held. No absentee ballots shall be counted until the date the election is held.
- The canvass of votes shall be rescheduled for one week after the originally scheduled canvass date.
- a. If the emergency is declared while the polls are open and the decision is made to postpone the election, each precinct polling place in the political subdivision shall be notified to close its doors and to halt all voting immediately. People present in the polling place who are waiting to vote shall not be given ballots. People who have received and marked their ballots shall deposit them in the ballot box. Unmarked ballots shall be returned to the precinct election officials. b. The precinct election officials shall seal all ballots that were cast before the declaration of the emergency in secure containers. The containers shall be clearly marked as ballots from the postponed election. If it is safe to do so, the ballot containers, election register, and other election supplies shall be transported to the county commissioner’s office. The ballots shall be stored in a secure place. If it is unsafe to travel to the county commissioner’s office, the chairperson of the precinct election board shall securely store the ballots and the election register until it is safe to return the ballots and election register to the county commissioner. If no contest is pending six months after the canvass for the election is completed, the unopened, sealed ballot containers shall be destroyed. c. If automatic tabulating equipment is used, the automatic tabulating equipment shall be closed and sealed without printing the results. Before the date the election is held, the automatic tabulating equipment shall be reset to zero. Documents showing the progress of the count, if any, shall be sealed in an envelope and stored. No person shall reveal the progress of the count. After six months, the sealed envelope containing the vote totals shall be destroyed if no contest is pending.
- The state commissioner shall maintain records of each emergency declaration. The records of emergency declarations for federal elections shall be kept for twenty-two months and records for all other elections shall be kept for six months following the election. The records shall include the following information: a. The county in which the emergency occurred. b. The date and time the emergency declaration was requested. c. The name and title of the person making the request. d. The name and date of the election affected. e. The jurisdiction for which the election is to be conducted. f. The number of precincts in the jurisdiction. g. The number of precincts affected by the emergency. h. The nature of the emergency. i. The date or dates of the occurrence of the natural or other disaster or extremely inclement weather. j. The conditions affecting the conduct of the election. k. Whether the polling places may safely be opened on time. l. Any action taken such as but not limited to moving the polling place, changing the voting system, or postponing the election until the following Tuesday. m. The method to be used to inform the public of changes made in the election procedure. n. The signature of the state commissioner or the state commissioner’s designee who was responsible for declaring the emergency.
- a. (1) If an emergency occurs that will adversely affect the conduct of an election at which candidates for federal office will appear on the ballot, the election shall not be postponed or delayed. Emergency measures shall be limited to relocation of polling places, modification of the method of voting not including requirements for voter identification and absentee ballot request and delivery, reduction of the number of precinct election officials at a precinct, and other modifications of prescribed election procedures that will enable the election to be conducted on the date and during the hours required by law. (2) The primary election held in June of even-numbered years and the general election held in November of even-numbered years shall not be postponed. Special elections called by the governor pursuant to section 69.14 shall not be postponed unless no federal office appears on the ballot. b. If a federal or state court order extends the time established for closing the polls pursuant to section 49.73, any person who votes after the statutory hour for closing the polls shall vote only by casting a provisional ballot pursuant to section 49.81. Provisional ballots cast after the statutory hour for closing the polls shall be sealed in a separate envelope from provisional ballots cast during the statutory polling hours. The absentee and special voters precinct board shall tabulate and report the results of the two sets of provisional ballots separately.
- A voter who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §1973ff et seq., and the provisions set forth in chapter 53, subchapter II, may return an absentee ballot via electronic transmission only if the voter is located in an area designated by the federal department of defense to be an imminent danger pay area or if the voter is an active member of the army, navy, marine corps, merchant marine, coast guard, air force, or Iowa national guard and is located outside the United States or any of its territories. Procedures for the return of absentee ballots by electronic transmission shall be determined by the state commissioner by rule.
- a. If an election contest court finds that there were errors in the conduct of an election that make it impossible to determine the result of the election, the contest court shall notify the state commissioner of its finding. The state commissioner shall order a repeat election to be held. The repeat election date shall be set by the state commissioner. The repeat election shall be conducted under the state commissioner’s supervision. b. The repeat election shall be held at the earliest possible time, but it shall not be held earlier than fourteen days after the date the election was set aside. Voter registration, publication, equipment testing, and other applicable deadlines shall be calculated from the date of the repeat election. c. The repeat election shall be conducted under the same procedures required for the election that was set aside, except that all known errors in preparation and procedure shall be corrected. The nominations from the initial election shall be used in the repeat election unless the contest court specifically rejects the initial nomination process in its findings. Precinct election officials for the repeat election may be replaced at the discretion of the auditor. d. The following materials prepared for the original election shall be used or reconstructed for the repeat election: (1) Ballots showing the date of repeat election, which may be stamped on ballots printed for the original election. (2) Notice of election showing the date of repeat election. DIVISION II COUNTY SEALS Sec.
- Section 331.552, subsection 4, Code 2020, is amended to read as follows:
- a. Keep the official county seal provided by the county. The official seal shall be an impression seal on the face of which shall appear the name of the county, the word “county” which may be abbreviated, the word “treasurer” which may be abbreviated, and the word “Iowa”. A county shall have only one official county seal. b. Notwithstanding paragraph “a” , the county commissioner of elections may use a facsimile of the official county seal or a modified facsimile of the official county seal for the purposes of election duties set forth in sections 43.36 and 49.51, and section 49.57, subsection
- If modified, the county seal shall contain the name of the county, the word “county”, which may be abbreviated, the word “auditor”, which may be abbreviated, and the word “Iowa”. DIVISION III VOTER IDENTIFICATION Sec.
- Section 53.2, subsection 4, paragraph a, unnumbered paragraph 1, Code 2020, is amended to read as follows: Each application shall contain the following information To request an absentee ballot, a registered voter shall provide : Sec.
- Section 53.2, subsection 4, paragraph b, Code 2020, is amended to read as follows: b. If insufficient information has been provided, including the absence of a voter verification number, either on the prescribed form or on an application created by the applicant, the commissioner shall, by the best means available, obtain the additional necessary information within twenty-four hours after the receipt of the absentee ballot request, contact the applicant by telephone and electronic mail, if such information has been provided by the applicant. If the commissioner is unable to contact the applicant by telephone or electronic mail, the commissioner shall send a notice to the applicant at the address where the applicant is registered to vote, or to the applicant’s mailing address if it is different from the residential address. If the applicant has requested the ballot to be sent to an address that is not the applicant’s residential or mailing address, the commissioner shall send an additional notice to the address where the applicant requested the ballot to be sent. A commissioner shall not use the voter registration system to obtain additional necessary information . A voter requesting or casting a ballot pursuant to section 53.22 shall not be required to provide a voter verification number. Sec.
- Section 53.2, subsection 4, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . d. If an applicant does not have current access to the applicant’s voter verification number, the commissioner shall verify the applicant’s identity prior to supplying the voter verification number by asking the applicant to provide at least two of the following facts about the applicant: (1) Date of birth. (2) The last four digits of the applicant’s social security number, if applicable. (3) Residential address. (4) Mailing address. (5) Middle name. (6) Voter verification number as defined in paragraph “c” . Sec.
- Section 53.10, subsection 2, paragraph a, Code 2020, is amended to read as follows: a. Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information: name, current address, voter verification number, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. Prior to furnishing a ballot, the commissioner shall verify the person’s identity as provided in section 49.78. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in the envelope marked with the affidavit; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter. Sec.
- Section 53.10, subsection 2, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . 0b. If an unregistered person offering to vote an absentee ballot pursuant to this section prior to the deadline in section 48A.9 does not have an Iowa driver’s license, an Iowa nonoperator’s identification card, or a voter identification number assigned to the voter by the state commissioner pursuant to section 47.7, subsection 2, the person may satisfy identity and residence requirements as provided in section 49.78. This section shall also apply to a registered voter casting a ballot pursuant to this section who has not yet received a voter verification number. Sec.
- Section 53.18, subsections 2 and 3, Code 2020, are amended to read as follows:
- a. If the commissioner receives the return envelope containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness. If the affidavit is incomplete, the commissioner shall, within twenty-four hours of the time the envelope was received, notify the voter of that fact and that the voter may complete the affidavit in person at the office of the commissioner by 5:00 p.m. on the day before the election, vote a replacement ballot in the manner and within the time period provided in subsection 3 , or appear at the voter’s precinct polling place on election day and cast a ballot in accordance with section 53.19, subsection 3 . If the affidavit lacks the signature of the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. b. If the commissioner receives the return envelope containing the completed absentee ballot after the deadline in paragraph “a” , the commissioner shall submit the affidavit to the absentee and special voters precinct board for review. If the absentee and special voters precinct determines that the affidavit is incomplete, the commissioner shall, within twenty-four hours of the determination, notify the voter. If the affidavit lacks the signature of the registered voter, the commissioner shall notify the voter that the voter may complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election.
- If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2 . For the purposes of this section , a return envelope marked with the affidavit shall be considered to contain a defect if it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A signature or marking made in accordance with section 39.3, subsection 17 , shall not be considered a defect for purposes of this section . The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope and records of the replacement ballot. The envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The envelope marked with the affidavit and containing the original ballot shall be marked “Defective” and the replacement ballot shall be attached to such envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27 . Sec.
- Section 53.18, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
- For the purposes of this section, a return envelope marked with the affidavit shall be considered incomplete if the affidavit lacks the registered voter’s signature. A signature or marking made in accordance with section 39.3, subsection 17, shall not cause an affidavit to be considered incomplete. Sec.
- Section 53.22, subsection 3, Code 2020, is amended to read as follows:
- Any registered voter who becomes a patient, tenant, or resident of a hospital, assisted living program, or health care facility in the county where the voter is registered to vote within three days prior to the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day may request an absentee ballot during that period or on election day. As an alternative to the application procedure prescribed by section 53.2 , the registered voter may make the request directly to the officers who are delivering and returning absentee ballots under this section . Alternatively, the request may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, these officers shall deliver the appropriate absentee ballot to the registered voter in the manner prescribed by this section . Sec.
- Section 53.22, subsection 6, paragraph a, Code 2020, is amended to read as follows: a. If the registered voter becomes a patient, tenant, or resident of a hospital, assisted living program, or health care facility outside the county where the voter is registered to vote within three days before the date of any election after the deadline to make a written application for an absentee ballot as provided in section 53.2 or on election day, the voter may designate a person to deliver and return the absentee ballot. The designee may be any person the voter chooses except that no candidate for any office to be voted upon for the election for which the ballot is requested may deliver a ballot under this subsection . The request for an absentee ballot may be made by telephone to the office of the commissioner not later than four hours before the close of the polls. If the requester is found to be a registered voter of that county, the ballot shall be delivered by mail or by the person designated by the voter. An application form shall be included with the absentee ballot and shall be signed by the voter and returned with the ballot. DIVISION IV CONDUCT OF ELECTIONS Sec.
- Section 43.14, subsection 1, paragraph g, Code 2020, is amended by striking the paragraph. Sec.
- Section 43.24, subsection 1, paragraph a, Code 2020, is amended to read as follows: a. Objections to the legal sufficiency of a nomination petition or certificate of nomination filed or issued under this chapter or to the eligibility of a candidate may be filed in writing by any person who would have the right to vote for the candidate for the office in question. Objections relating to incorrect or incomplete information for information that is required under section 43.14 or 43.18 shall be sustained. Sec.
- Section 44.6, Code 2020, is amended to read as follows: 44.6 Hearing before state commissioner. Objections filed with the state commissioner shall be considered by the secretary of state and auditor of state and attorney general, and a majority decision shall be final; but if the objection is to the certificate of nomination of one or more of the above named officers, said officer or officers so objected to shall not pass upon the same, but their places shall be filled, respectively, by the treasurer of state, the governor, and the secretary of agriculture. Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained. Sec.
- Section 44.7, Code 2020, is amended to read as follows: 44.7 Hearing before commissioner. Except as otherwise provided in section 44.8 , objections filed with the commissioner shall be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final. However, if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder. Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained. Sec.
- Section 44.8, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
- Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained. Sec.
- Section 45.5, subsection 1, paragraph f, Code 2020, is amended by striking the paragraph. Sec.
- NEW SECTION . 49.42B Form of official ballot —— candidates for president and vice president. When candidates for president and vice president of the United States appear on the ballot, the following statement shall appear directly above the section of the ballot listing such candidates: [A ballot cast for the named candidates for president and vice president of the United States is considered to be cast for the slate of presidential electors nominated by the political party, nonparty political organization, or independent candidate.] Sec.
- Section 50.48, subsection 3, Code 2020, is amended by adding the following new paragraph: NEW PARAGRAPH . c. In addition to the persons listed in paragraph “a” , the candidate requesting the recount and the apparent winning candidate may each submit a request to a commissioner from a county other than the county conducting the recount to be present at the recount. Such a commissioner may report any irregularities observed by the commissioner at any time after the election to the state commissioner. Sec.
- Section 53.8, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION .
- a. The state commissioner shall not mail an application for an absentee ballot to a person who has not requested such application. b. The commissioner and the state commissioner shall not mail an absentee ballot to a person who has not submitted an application for an absentee ballot. Sec.
- Section 53.30, Code 2020, is amended to read as follows: 53.30 Ballots, ballot envelopes, and other information preserved.
- At the conclusion of each meeting of the absentee and special voter precinct board, the board shall reconcile the number of signed affidavits provided to the board by the commissioner and the number of ballots that were counted and tabulated. The board shall record the number of ballots that were rejected prior to opening the affidavit envelope, the number of absentee ballots that have been challenged and are currently unopened, and the number of absentee ballots that were accepted for counting and tabulation. The board shall also reconcile the number of provisional ballots provided to the board by the commissioner, the number of provisional ballots that were accepted for counting and tabulation, and the number of provisional ballots that were rejected.
- At the conclusion of each meeting of the absentee and special voters precinct board, the board shall securely seal all ballots counted by them in the manner prescribed in section 50.12 . The ballot envelopes, including the affidavit envelope if an affidavit envelope was provided, the return envelope, and secrecy envelope bearing the signatures of precinct election officials, as required by section 53.23 , shall be preserved. All applications for absentee ballots, ballots rejected without being opened, absentee ballot logs, and any other documents pertaining to the absentee ballot process shall be preserved until such time as the documents may be destroyed pursuant to section 50.19 .
- Following each primary and general election, commissioners shall report to the state commissioner the number of voted absentee ballots received by the commissioner, the total number of absentee ballots counted and tabulated by the board, and the number of absentee ballots rejected by the board. The commissioner shall also provide the number of provisional ballots cast, the number of provisional ballots rejected, and the number of provisional ballots that were counted and tabulated by the board. Sec.
- Section 54.5, subsection 2, Code 2020, is amended to read as follows:
- The state central committee shall also file a list of the names and addresses of the party’s presidential electors and alternate electors , one from each congressional district and two from the state at large, not later than 5:00 p.m. on the eighty-first day before the general election. A political party may elect up to two alternate electors at the party’s state convention. Additionally, the party’s state central committee may nominate one alternate elector for each congressional district. Sec.
- Section 54.5, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION . 2A. Each elector nominee and alternate elector nominee of a political party or group of petitioners shall execute the following pledge, which shall accompany the submission of the corresponding names to the state commissioner: If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party (or group of petitioners) that nominated me. Sec.
- Section 54.7, Code 2020, is amended to read as follows: 54.7 Meeting —— certificate.
- The presidential electors and alternate electors shall meet in the capitol, at the seat of government, on the first Monday after the second Wednesday in December next following their election.
- If, at the time of such meeting, any elector for any cause is absent, those present shall at once proceed to elect, from the citizens of the state, a substitute elector or electors, and certify the choice so made to the governor, and the governor shall immediately cause the person or persons so selected to be notified thereof the state commissioner shall appoint an individual to substitute for the elector as follows: a. If the alternate elector is present to vote, by appointing the alternate elector for the vacant position . b. If the alternate elector is not present to vote, by appointing an elector chosen by lot from among the other alternate electors present to vote who were nominated by the same political party or group of petitioners. c. If the number of alternate electors present to vote is insufficient to fill a vacant position pursuant to paragraphs “a” and “b” , by appointing any immediately available citizen of the state who is qualified to serve as an elector and chosen through nomination by a plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains. d. If there is a tie between at least two nominees to substitute as an elector in a vote conducted under paragraph “c” , by appointing an elector chosen by lot from among those nominees. e. If all elector positions are vacant and cannot be filled through the processes set forth in paragraphs “a” , “b” , “c” , and “d” , by appointing a single presidential elector with remaining vacant positions filled pursuant to the method set forth in paragraph “c” and, if necessary, paragraph “d” .
- To qualify to substitute for an elector under subsection 2, an individual who has not executed the pledge required for elector nominees and alternate elector nominees under section 54.5 shall execute the following pledge: I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual whose elector position I have succeeded. Sec.
- Section 54.8, Code 2020, is amended by striking the section and inserting in lieu thereof the following: 54.8 Elector voting —— certificate of governor.
- At the time designated for elector voting and after all vacant positions have been filled under section 54.7, the state commissioner shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector’s presidential and vice presidential ballots with the elector’s votes for the offices of president and vice president, respectively, along with the elector’s signature and the elector’s legibly printed name.
Shortened here; the full amendment is in the official document.