Bills › 89th General Assembly

SSB 1199Renumbered as SF 413 · February 18, 2021

SSB 1199

Topics:Elections & voting State government

Same legislation: HSB 213, SF 413, HF 590

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedFebruary 16, 2021
Done: SubcommitteeFebruary 16, 2021
Done: Senate committeeFebruary 18, 2021
Skipped: Passes the SenateContinued as SF 413
Next: House committee
Next: Passes the House
Next: To the Governor
Next: Signed into law

Became SF 413 → Its progress continues under the new number. Go to SF 413 What’s a funnel?

What’s in it

AI summary This bill changes how elections are run and how voter lists are kept up to date. It gives the state commissioner more power to guide election officials and creates new punishments for people who fail to follow election laws or duties. The changes also affect how absentee ballots are requested, mailed, and returned using drop boxes.¹

Read the official explanation

This bill relates to the conduct of elections. The bill allows the state commissioner of elections to issue guidance outside of the rulemaking process to clarify election laws and rules. The bill makes failure to follow or implement such guidance election misconduct in the first degree, which is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill also makes the failure to perform election duties and performance of election duties in such a way as to hinder or disregard the object of the law election misconduct in the first degree. The bill makes interference by a precinct election official or county commissioner with a person who is allowed to be at a polling place election misconduct in the third degree, which is a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill expressly grants state and local law enforcement agencies the authority to take all reasonable actions to prevent the violation of Code chapter (canvass of votes). The bill makes failure to adequately perform voter list maintenance by an election official election misconduct in the second degree, an aggravated misdemeanor. _____ years and a fine of at least $855 but not more than $8,540. The bill allows a county commissioner of elections to establish a single drop box where voters can return completed absentee ballots. The bill requires the drop box to be located at or near the office of the county commissioner and sets certain requirements regarding the security, maintenance, and documentation of ballot drop boxes. The bill makes conforming changes regarding the return of absentee ballots. The bill requires the state commissioner of elections to issue a fine of up to $10,000, to be paid into the general fund, to a county commissioner of elections when the state commissioner issues a technical infraction to a county commissioner. A county commissioner shall pay or appeal the fine within days. A county commissioner who fails to pay a fine that is not dismissed within days shall be suspended from office for no longer than two years. If a county commissioner is suspended from office, the state commissioner shall direct the deputy county commissioner to fulfill the duties of the office, and the state commissioner may direct the state commissioner’s staff to assist the deputy county commissioner. The bill also requires the state commissioner to report a technical infraction to the attorney general and relevant county attorney if the infraction constitutes or may constitute election misconduct. The attorney general or county attorney shall report the results of the investigation to the state commissioner of elections and explain whether the attorney will pursue charges. The bill requires the attorney general or county attorney to investigate allegations of election misconduct, and to investigate misconduct by election officials for prosecution under Code chapter 721 (official misconduct). The bill prohibits a person who has been nominated by a political party from being nominated by a nonparty political organization for the same office in the same election.1. The bill sets the signature requirements for candidates for president and vice president, governor and lieutenant governor, and United States senator to 3,500 signatures, with at least 100 signatures each from at least counties; for other statewide offices to 2,500 signatures, with at least signatures each from at least counties; and for representative in the United States house of representatives to 1,726 signatures, with at least signatures from at least half of the counties in the congressional district. The bill changes the required convention or caucus size for nominees from nonparty political organizations. The bill prohibits county commissioners of elections from exercising home rule powers with respect to the administration of elections. The bill requires the state registrar of voters to verify each record in the statewide voter registration file in the first quarter of each calendar year. The verification procedure shall include cross-referencing the records in the statewide voter registration file with similar records maintained by other states. If the state registrar identifies an invalid registration, the state registrar shall cancel that registration. The bill requires the state registrar to submit a report to the general assembly by April of each year regarding the number of registrations canceled pursuant to the provisions of the bill. The state registrar shall also post the report on the state registrar’s internet site. The bill allows the state registrar to contract with a third-party vendor to develop or provide a program to allow the state registrar to verify the status of records in the statewide voter registration file and identify ineligible voters on an ongoing basis. _____ 120 days before the election to days before the election. The bill prohibits county commissioners of elections from sending an absentee ballot application to a voter. In the event of a public health disaster declared by the governor, the bill allows the general assembly to, by resolution, direct the state commissioner to send an absentee ballot application to each registered voter prior to a primary or general election held in an even-numbered year. If the general assembly is not is session, the bill allows the legislative council to so direct the state commissioner by a majority vote. The bill prohibits an absentee ballot application from being provided to a voter with any information other than the date and type of election prefilled. on the 7th day before an election to notify the registered voter within hours that the application cannot be processed and provide options for the registered voter to participate in the election. The bill requires the state commissioner of elections to publish daily reports regarding absentee ballots during the duration of certain elections. The bill requires county commissioners of elections to provide any necessary information for such reports to the state commissioner of elections. The bill requires the state registrar of voters to use information from the electronic registration information center to update information in the statewide voter registration system. The bill enumerates certain reports that the state registrar of voters is required to use. The bill requires each county commissioner of registration to participate in the United States postal service national change of address program. _____ again. Current law requires that such voters be marked inactive after having not voted in two consecutive general elections. The bill repeals an alternative to participation in the national change of address program. The bill requires each commissioner of registration to annually submit to the state registrar of voters a report regarding voter registration maintenance activities. The state registrar of voters shall publish such reports on the internet site of the state registrar of voters. The bill requires the state registrar of voters to conduct an audit of the voter registration maintenance activities of each county commissioner of registration in April of each odd-numbered year. If the state registrar of voters discovers that a county commissioner of registration has failed to perform adequate maintenance activities, the state registrar of voters shall transmit the audit to the relevant county attorney and attorney general for investigation of election misconduct. The bill allows the state commissioner of elections to oversee the activities of a county commissioner of elections during a period beginning days before an election and ending days after an election. The state commissioner may correct any activity not in accordance with law, including by the issuance of technical infractions. The bill requires that a person serving on a precinct election board for an election including partisan offices or for an election in which candidates’ names appear under the heading of political parties who changes party affiliation within days before an election shall be immediately removed from the board and replaced with a substitute. The bill prohibits a voter from selecting as a person to assist the voter in casting a ballot at the polling place a person who is standing for election on the ballot. _____ election. The bill strikes a provision altering the first day on which an absentee ballot may be mailed when the United States post office is closed and not delivering mail on that day. The bill prohibits the county commissioner of elections and state commissioner of elections from mailing an absentee ballot to a person who has not submitted an application for an absentee ballot. The bill repeals a provision allowing a county commissioner of elections to establish satellite absentee voting locations at the commissioner’s discretion. The bill does not alter a provision requiring a county commissioner of elections to establish satellite absentee voting locations upon receipt of a petition. The bill changes the earliest date on which a person can vote absentee in person at the county commissioner’s office from days before an election to days before an election. The bill removes a postmark as a method by which the date on which an absentee ballot was mailed may be verified. The bill prohibits a postmark from being used for such purpose. The bill removes certain requirements that county commissioners of elections must meet before implementing or discontinuing the use of a postal service barcode for the purpose of tracking absentee ballots. The bill changes the process for a county commissioner to notify a voter that an absentee ballot affidavit is incomplete. The bill requires a county commissioner to notify a voter within hours of receipt of an affidavit lacking a signature that the voter may vote a replacement ballot, cast a ballot at the polls, or complete the affidavit at the office of the county commissioner. on the Friday before any other election, the county commissioner shall submit the affidavit to the special voters precinct board. _____ finds that the affidavit is incomplete, the county commissioner shall notify the voter that the voter may complete the affidavit in person at the county commissioner’s office. The bill defines an incomplete affidavit as one lacking the voter’s signature. The bill adds the date the absentee ballot was received by the county commissioner, the date the absentee ballot outer envelope was opened, and how the ballot was delivered to the county commissioner to the information that the county commissioner must maintain regarding absentee ballots. The bill requires such information to be reported to the state commissioner of elections. The bill allows a person 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 after the deadline to make a written application for an absentee ballot to request an absentee ballot by phone or in person to election officers delivering or collecting such ballots. The bill requires the absentee and special voter precinct board to reconcile the number of signed affidavits provided by the county commissioner of elections with the number of ballots counted and tabulated by the board, as well as the number of provisional ballots provided to the board, the number rejected by the board, and the number counted and tabulated by the board. The board shall also record the number of ballots rejected prior to opening the affidavit envelope, the number of absentee ballots that have been challenged and remain unopened, and the number of absentee ballots that were accepted for counting and tabulation. Following each primary and general election, the bill requires the county commissioner to report to the state commissioner certain information regarding absentee ballots. _____ in the voter’s household, an individual acting as a caretaker for the registered voter, or an election official assisting a confined person from collecting and returning a completed absentee ballot, including to a ballot drop box. A person who violates this provision of the bill commits election misconduct in the third degree and is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill changes the period of appointment for a person appointed to fill a vacancy in an elected county office from until the next pending election to until the next general election. For petitions requesting a special election to fill the vacancy, the bill requires a petition to be circulated and filed within days after the appointment. The bill requires signatures on such a petition to be dated on or after the date of the appointment. The bill repeals a prohibition on a special election to fill a vacancy in a county elected office being held on the same day as a school election within the county. The bill takes effect upon enactment. The provisions of the bill relating to nominations of candidates apply to candidates seeking election to an office on a ballot in or after 2022.

Changed since by amendments H-1117, S-3034, H-1107; see Amendments.

Full bill text · What changed before it passed²

Senate subcommittee

Named February 16, 2021. On February 17, 2021 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill changes election laws regarding absentee ballots, voter list maintenance, and penalties for election misconduct. The fiscal impact of the bill's provisions cannot be estimated at this time.³

Read the fiscal note

Description

Senate File 413 relates to the conduct of elections, including absentee ballots and voter list maintenance activities, and makes penalties applicable. The Bill takes effect upon enactment.

Election Misconduct and Applicable Penalties

Senate File 413 creates penalties for election officials who willfully fail to perform duties. Specifically, the Bill changes the following offenses to apply to the individuals specified:

Election misconduct in the first degree — Election officials who fail to perform duties prescribed in Iowa Code chapters 39 through 53, with the exception of voter registration maintenance; fail to follow or implement guidance issued by the Secretary of State’s (SOS) Office; or perform duties in a way that hinders or disregards the object of the law.
Election misconduct in the second degree — Election officials who fail to perform voter list maintenance as found through an audit by the SOS Office and investigated by the relevant county attorney and Attorney General.
Election misconduct in the third degree — Election officials who interfere with a person who is allowed to be at a polling place.

The Bill also applies election misconduct in the third degree to a person who returns a voted absentee ballot, including to a ballot drop box, who is not the registered voter, an individual who lives in the same household as the registered voter, an immediate family member of the registered voter, a caregiver of the registered voter, or an election official assisting a registered voter who became a patient, tenant, or resident of a hospital, assisted living program, or health facility. Election misconduct in the third degree is also applied to a person who makes a false or untrue statement that an absentee ballot was returned by a prohibited person. Senate File 413 also requires the SOS Office to issue a fine of up to $10,000 to county commissioners upon issuance of a technical infraction. A county commissioner who does not pay a fine that was not dismissed pursuant to Iowa Code chapter 17A is to be suspended from office for a period not to exceed two years.

The Bill requires the Attorney General and county attorney to investigate allegations of election misconduct for prosecution under Iowa Code chapter 721 and submit the results to the SOS Office. The Bill also requires the SOS Office to conduct an audit of counties’ voter registration maintenance activities in April of each odd-numbered year and submit any audits that identified failure to perform required voter list maintenance to the Attorney General and county attorney for investigation.

Other Provisions

Senate File 413 also includes the following changes:

Establishes provisions regarding persons serving in voting units of conference boards.
Prohibits nominations by a nonparty political organization for a person who was nominated by a political party for the same office in the same election.
Prohibits nomination papers from being filed on behalf of a candidate if nomination papers have been filed on behalf of the candidate for the same office and election year.
Changes the required convention or caucus size for nominees from nonparty political organizations.
Makes certain changes to signature requirements for nomination papers and petitions.
Allows the SOS Office to issue guidance on elections and eliminates home rule power for county commissioners.
Requires the SOS Office to verify all voters in the statewide voter registration file annually and submit a report to the General Assembly regarding the number of registrations canceled.
Requires the SOS Office to update voter registration information using the Electronic Registration Information Center (ERIC).
Changes the voter registration deadline to 5:00 p.m. 15 days before each election and requires confirmation notices sent to voters who may have moved to be returned 15 days before an election.
Requires voter identification cards to include the times during which polling places will be open on election days.
Requires each county commissioner to participate in the United States Postal Service National Change of Address (NCOA) Program, send a notice to and mark as inactive a voter who has not participated in the most recent general election and has not reported a change of address or registered again, and report inactive records annually to the SOS Office.
Allows oversight of county commissioners by the SOS Office during election periods.
Requires replacement of individuals on a precinct election board following a party affiliation change.
When there is a change to a polling place, requires notices to be mailed to all registered voters in the precinct and posted in the county commissioner’s office and on the county commissioner’s Internet site not less than seven days, but not more than 20 days, before the election.
Changes polling place closing time to 8:00 p.m. for all elections.
Until November seventh, 2024, requires the Legislative Services Agency (LSA) to post on its website the opening and closing times of polling places.
Prohibits individuals who are standing for election on the ballot from assisting voters in casting a ballot or from occupying the voting booth with the voter.
Authorizes law enforcement to take reasonable actions to prevent violation of Iowa Code chapter 50 (Canvass of Voters).
Changes from three hours to two hours the amount of time that an employee is entitled to take off from work in order to vote.
Changes the number of days prior to an election that any registered voter can apply for an absentee ballot from 120 days to 70 days.
Allows county commissioners to send an absentee ballot application to a voter only at the request of the voter.
Prohibits absentee ballot applications from being provided with any field prefilled, excluding the type and date of the election.
Requires county commissioners to provide necessary information for the SOS Office to publish daily reports by county on the number of absentee ballot request forms received, the number of absentee ballots sent, and the number of absentee ballots received, including the method of delivery.
Requires the county commissioner to notify a voter within 24 hours that the absentee ballot application cannot be processed if the application is received between 5:00 p.m. on the 15th day before an election and 5:00 p.m. on the seventh day before an election.
Changes the number of days prior to an election that an absentee ballot can be mailed to a voter from 29 days to 20 days and prohibits an absentee ballot from being mailed to any person who did not apply for an absentee ballot.
Changes the number of days before an election for in-person absentee voting at a county commissioner’s office and satellite locations from 29 days to 20 days and eliminates the county commissioners’ ability to establish satellite absentee voting stations at their discretion.
Requires absentee ballots to be received by the county commissioners before polls close on election day with exceptions for uniformed citizens, overseas citizens, and program participants of the address confidentiality program.
Limits drop boxes to one per county and establishes guidelines.
Changes the process for a county commissioner to notify a voter that an absentee ballot is incomplete.
Specifies that an affidavit that lacks the voter’s signature is to be considered incomplete.
Directs counties and special voters precinct boards to record absentee ballot statistics, including additional tracking requirements, and requires submission to the SOS Office on a daily basis and following an election.
Makes certain changes to county elections.
Until November 7, 2024, requires county treasurers to provide the hours during which polling places are open on election days to titleholders on statements of taxes due. The fiscal impact associated with the above provisions of the Bill cannot be estimated at this time. The fiscal impact discussed below relates only to the added penalties of election misconduct.

Background

There are approximately 2.1 million active, registered voters in Iowa. During the 2020 general election, approximately 1.0 million voters cast an absentee ballot. Table 1 provides additional voting information.

Table 1 — Secretary of State’s Office General Election Turnout Report

Per Iowa Code chapter 47, the SOS Office is designated as the State commissioner of elections and Iowa county auditors are designated as the county commissioners of elections.
Under current law, most violations of election law under Iowa Code chapters 39 through 53 are prosecuted under Iowa Code chapter 39A. According to the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights, in FY 2019 and FY 2020, there were five convictions of election misconduct in the first degree and seven convictions of election misconduct in the third degree.General

Election

Day Voters

Absentee

Voters

Total

Voters

Active/Registered

Voters

% Active Voter

Turnout

Inactive/Registered

Voters

% Total Voter

Turnout

2016 934,219 647,152 1,581,371 2,000,567 79.1% 172,418 72.8% 2018 787,074 547,205 1,334,279 2,011,617 66.3% 156,297 61.6% 2020 698,557 1,001,573 1,700,130 2,094,770 81.2% 148,988 75.8% NOTE: Numbers of active and inactive voters for 2016 are as of November 8, 2016; 2018 numbers are as of November 6, 2018; and 2020 numbers are as of November 3, 2020.

Election misconduct in the first degree is a Class D felony, which is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Election misconduct in the second degree is an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
Election misconduct in the third degree is a serious misdemeanor, which is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends, prisoner length of stay (LOS), revocation rates, plea bargaining, and other criminal justice system policies and practices.
A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
The Attorney General’s Office anticipates that cases of election misconduct may be referred to its office instead of county attorneys.
The Attorney General’s Office may need to hire 1.0 full-time equivalent (FTE) investigator experienced in election misconduct. If an experienced investigator is hired, the cost could be up to approximately $117,000. However, the cost of an entry-level attorney position would be approximately $72,000. For estimation purposes, a midpoint is used for the estimated cost.
The Attorney General’s Office currently employs one Assistant Attorney General (AAG) to support elections and advise the SOS Office in a partial capacity; however, the Attorney General’s Office may need to have 1.0 AAG FTE position entirely devoted to election issues.

Correctional Impact

The correctional impact of SF 413 cannot be determined. The Bill establishes new criminal provisions, and no historical data exists to make a reliable estimate. Table 2 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions ranging from serious misdemeanors to Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system.

Table 2 — Sentencing Estimates and LOSConviction

Offense Class

Percent

to Prison

Avg

Length

of Stay

Prison

(months) FY 20

Marginal

Cost/Day

Prison

Percent

Ordered

Probation

Avg LOS

Probation

Avg Cost

Per Day

Probation

Percent

Sentenced

to CBC

Residential

Facility

FY 20

Marginal

Cost CBC

Per Day

Percent

Ordered

to County

Jail

Avg

Length of

Stay in

County

Jail

Marginal

Cost

Per Day

Avg LOS

on Parole FY 20

Average

Cost Per

Day

Parole

Class D Felony

(Non-Persons) 76.0% 11.6 $20.33 64.5% 33.4 $5.38 12.3% $14.78 34.0% N/A $50.00 12.6 $5.38

Aggravated

Misdemeanor

(Non-Persons) 32.0% 11.6 $20.33 69.8% 22.3 $5.38 9.5% $14.78 39.6% N/A $50.00 4.4 $5.38

Serious

Misdemeanor 2.0% 5.0 $20.33 56.0% 13.4 $5.38 1.0% $14.78 69.0% N/A $50.00 2.4 $5.38

Minority Impact

Of the 12 election misconduct convictions in FY 2019 and FY 2020, 83.3% were committed by Caucasian offenders and 16.7% were committed by African American offenders. In FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the adult population of the State of Iowa, respectively.

Senate File 413 establishes new criminal provisions to include actions not previously penalized under Iowa Code chapter 39A. As a result, the CJJP cannot use prior existing data to estimate the minority impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 413 establishes new criminal provisions, and the resulting cost to the justice system cannot be estimated. Table 3 shows estimates for the average State cost per offense class type. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections (DOC) for one additional conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision. Table 3 — Average State Cost Per Offense Class Type The DOC has stated that crimes against professionals are rare and assumes that county commissioners and election officials are likely to comply with the Bill. It is assumed that county commissioners will adhere to the new provisions and little revenue will be generated to the General Fund as a result of technical infraction fines.

For the Attorney General’s Office to hire an investigator at the Investigator 4 position, it would cost approximately $94,000 annually; there would be approximately $59,000 in additional annual expenses for an AAG 3 position fully dedicated to elections. These costs include salary and benefits.

As stated previously, the fiscal impact of the various provisions outlined on pages 1 and 2 of this Fiscal Note could not be estimated.