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Amendments › HF 954

Amendment H-1152 to HF 954

Relating to the conduct of elections, and including effective date and retroactive applicability provisions

Adopted · March 25, 2025

Filed March 24, 2025 in the House by

What it changes

  1. By striking page 1, line 1, through page 2, line 26, and inserting: “DIVISION I ADMINISTRATION OF ELECTIONS Section
  2. Section 9E.6, subsection 3, paragraph b, subparagraph (1), Code 2025, is amended to read as follows: (1) The state commissioner of elections shall, upon the written request of a party to the contest, certify the eligibility of a program participant to vote or the validity of a program participant’s absentee ballot. A written request submitted under this paragraph “b” must contain the voter voter’s four-digit personal identification number affixed to the program participant’s absentee ballot. Sec. ___. Section 39.2, subsection 1, paragraph a, Code 2025, is amended to read as follows: a. All special elections which are authorized or required by law, unless the applicable law otherwise requires, shall be held on Tuesday. A special election shall not be held on the first, second, third, and fourth Tuesdays preceding and following the primary and the general elections or on the first, second, and third Tuesdays preceding and following a city or school election . Sec. ___. Section 43.18, subsection 9, Code 2025, is amended to read as follows:
  3. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. This subsection does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office. Sec. ___. Section 43.67, subsection 2, paragraph i, Code 2025, is amended to read as follows: i. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. This paragraph does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office. Sec. ___. Section 44.3, subsection 2, paragraph i, Code 2025, is amended to read as follows: i. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. This paragraph does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office. Sec. ___. Section 45.3, subsection 9, Code 2025, is amended to read as follows:
  4. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. This subsection does not apply to candidates for federal office. The state commissioner shall prescribe a separate affidavit of candidacy for candidates for federal office. Sec. ___. Section 47.1, subsections 1, 6, 7, and 8, Code 2025, are amended to read as follows:
  5. The secretary of state is designated as the state commissioner of elections and shall supervise the activities of the county commissioners of elections. There is established within the office of the secretary of state a division of elections which shall be under the direction of the state commissioner of elections. The state commissioner of elections may appoint a person to be in charge of the division of elections who shall perform the duties assigned by the state commissioner of elections. The state commissioner of elections shall prescribe uniform election practices and procedures, shall prescribe the necessary forms required for the conduct of elections, shall assign a number to each proposed constitutional amendment and statewide public measure for identification purposes, and shall adopt rules , pursuant to chapter 17A , to carry out this section . The state commissioner of elections may issue guidance and directives that is are not subject to the rulemaking process to clarify election laws and rules.
  6. The state commissioner may, at the state commissioner’s discretion, examine the records of a commissioner to evaluate complaints and to ensure compliance with the provisions of chapters 39 through 53 . This examination shall include but not be limited to assessments conducted or authorized by private or government entities to evaluate a county’s security readiness for elections-related technology or physical facilities. The state commissioner shall adopt rules pursuant to chapter 17A to require a commissioner to provide written explanations related to examinations conducted pursuant to this subsection . Any information that is requested by or in the possession of the state commissioner pursuant to this chapter shall not lose its confidential status pursuant to section 22.7 , subsection 50 .
  7. The state commissioner may share information a county provides to an appropriate government agency to safeguard against cybersecurity or physical threats. A county commissioner of elections shall notify the state commissioner when the county commissioner’s office is involved in physical or cybersecurity assessments performed by a federal or state agency or other entity.
  8. The state commissioner may adopt rules pursuant to chapter 17A to create minimum security protocols applicable to county commissioners of elections and vendors utilized by the state commissioner and county commissioners of elections . If a county fails to adhere to these protocols, the state commissioner may limit access to the statewide voter registration system. If a vendor fails to adhere to these protocols, the state commissioner may limit access to election infrastructure. Sec. ___. Section 47.2, subsection 1, Code 2025, is amended to read as follows:
  9. The county auditor of each county is designated as the county commissioner of elections in each county. The county commissioner of elections shall conduct voter registration pursuant to chapter 48A and conduct all elections within the county. The county commissioner of elections does not possess home rule powers with respect to the exercise of powers or duties related to the conduct of elections prescribed by statute or rule, or guidance or directives issued pursuant to section 47.1 . Sec. ___. Section 48A.26A, subsection 2, Code 2025, is amended to read as follows:
  10. If the acknowledgment is returned as undeliverable by the postal service, the commissioner shall attempt to contact the voter by forwardable mail. If a response is not received from the voter within fourteen days after the notice is mailed, the commissioner shall change the status of the registration to inactive status and shall immediately notify the state registrar of voters , the county sheriff, and the county attorney. Sec. ___. Section 48A.37, subsection 1, Code 2025, is amended to read as follows:
  11. Voter registration records , including voter registration forms, shall be maintained in an electronic medium on the statewide voter registration system . A history of local election participation shall be maintained as part of the electronic record for at least two general, primary, school, and city elections. Absentee voting shall be recorded for the previous two general and primary elections. After each election, the county commissioner shall update telephone numbers provided by registered voters pursuant to section 49.77 . Sec. ___. NEW SECTION . 49.29 Electronic election register and poll book.
  12. The commissioner may use an electronic election register or election poll book in lieu of a paper register or poll book if the electronic election register or poll book is a product that has been certified for use in this state by the state commissioner.
  13. The state commissioner shall adopt rules pursuant to chapter 17A for certification standards for electronic election registers and election poll books. The certification standards must include operational and security standards. Sec. ___. Section 50.12, Code 2025, is amended to read as follows: 50.12 Return and preservation of ballots. Immediately after making the proclamation, and before separating, the board members of each precinct in which votes have been received by paper ballot shall enclose in an envelope or other container all ballots which have been counted by them, except those endorsed “Rejected as double”, “Defective”, or “Objected to”, and securely seal the envelope. The signatures of all board members of the precinct shall be placed across the seal or the opening of the container so that it cannot be opened without breaking the seal. The precinct election officials shall return all the ballots to the commissioner, who shall carefully preserve them for six twenty-two months. Ballots from elections for federal offices shall be preserved for twenty-two months. The sealed packages containing voted ballots shall be opened only for an official recount authorized by section 50.48 , 50.49 , or 50.50 , for an election contest held pursuant to chapters 57 through 62 , to conduct an audit pursuant to section 50.51 , or to destroy the ballots pursuant to section 50.19 . Sec. ___. Section 50.19, subsection 1, Code 2025, is amended to read as follows:
  14. The commissioner may destroy precinct election registers, the declarations of eligibility signed by voters, and other material pertaining to any election in which federal offices are not on the ballot, except the tally lists and abstracts of votes which have not been electronically recorded, six twenty-two months after the election if a contest is not pending. If a contest is pending, all election materials shall be preserved until final determination of the contest or until twenty-two months after the election, whichever is later . Before destroying the election registers and declarations of eligibility, the commissioner shall prepare records as necessary to permit compliance with chapter 48A, subchapter V . Nomination papers for primary election candidates for state and county offices shall be destroyed ten days before the general election, if a contest is not pending. Sec. ___. Section 53.2, subsection 4, paragraph c, Code 2025, is amended to read as follows: c. For purposes of this subsection , “voter verification number” means the registered voter’s driver’s license number or nonoperator’s identification card number assigned to the voter by the department of transportation or the registered voter’s four-digit personal identification number assigned to the voter by the state commissioner pursuant to section 47.7 48A.10A , subsection 2 1 . Sec. ___. Section 53.10, subsection 2, paragraph b, Code 2025, is amended to read as follows: b. For purposes of this subsection , “voter verification number” means the registered voter’s driver’s license number or nonoperator’s identification card number assigned to the voter by the department of transportation or the registered voter’s four-digit personal identification number assigned to the voter by the state commissioner pursuant to section 47.7 48A.10A , subsection 2 1 . Sec. ___. Section 53.23, subsection 3, paragraph a, Code 2025, is amended to read as follows: a. The commissioner shall set the a convening time for the board of no later than 9:00 a.m. on election day , allowing a reasonable amount of time to complete counting all absentee ballots by 10:00 p.m. on election day. Sec. ___. Section 54.5, subsection 3, Code 2025, is amended to read as follows:
  15. Each elector nominee and alternate elector nominee of a political party or group of petitioners shall execute the following pledge on a form prescribed by the state commissioner , 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 54.5, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION .
  16. An objection to a nomination made under this section on any grounds other than the legal sufficiency of the certificate of nomination shall not be sustained. The certificate of nomination shall be presumed valid. Sec. ___. Section 384.19, subsection 1, Code 2025, is amended to read as follows:
  17. Within a period of ten days after the final date that a budget or amended budget may be certified to the county auditor, persons affected by the budget may file a written protest with the county auditor specifying their objections to the budget or any part of it. A protest must be signed by registered voters equal in number to one-fourth of one percent of the votes cast for governor in the last preceding general election in the city, but the number shall not be less than ten persons and the number need not be more than one hundred persons population of the city according to the most recent federal decennial census or special census, whichever is later .”
  18. By striking page 4, line 18, through page 5, line
  20. Page 5, line 19, by striking “preceding general election” and inserting “three preceding general election elections”
  21. Page 5, line 21, by striking “two ten” and inserting “two”
  22. Page 5, line 22, by striking “that election” and inserting “that election those elections”
  23. Page 5, lines 32 and 33, by striking “preceding general election” and inserting “three preceding general election elections”
  24. Page 5, line 34, by striking “two ten” and inserting “two”
  25. Page 6, line 1, by striking “that election” and inserting “that election those elections”
  26. Page 6, line 10, by striking “preceding general election” and inserting “three preceding general election elections”
  27. Page 6, line 12, by striking “two ten” and inserting “two”
  28. Page 6, line 13, by striking “that election” and inserting “that election those elections”
  29. Page 6, line 21, by striking “two ten” and inserting “two”
  30. Page 6, lines 22 and 23, by striking “preceding general election” and inserting “three preceding general election elections”
  31. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book