Relating to election misconduct, and providing penalties

This bill relates to election misconduct. The bill makes intimidation of election officials and the creation or disclosure of an electronic image of the hard drive of a voting system, except as otherwise authorized by law, election misconduct in the first degree, 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 makes accessing the statewide voter registration system without permission of the state registrar or with the purpose of altering a record contained in the statewide voter registration system, election misconduct in the second degree, an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill makes intentionally hindering, interfering with, or preventing an election official in the performance of the election official’s duties, including by physically obstructing an election official, election misconduct in the third degree. The bill also makes knowingly and without consent making publicly available the personal information of an election official or an election official’s family or household member, if the dissemination poses an imminent and serious threat to the election official or the election official’s family or household member and the person making the information publicly available knows or reasonably should know of an imminent and serious threat, election misconduct in the third degree. Election misconduct in the third degree 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 allows a county commissioner of elections or the state commissioner of elections to remove an election official employed by the county commissioner or state commissioner if the election official engages in a neglect of duty, malfeasance, or misconduct, or for any other reason. The bill also allows an election official injured by a violation of Code chapter 39A (election misconduct) to bring a civil action for injunctive relief, damages, or both. In addition to any other damages, the bill allows a court to impose a civil penalty of up to $1,000 for each violation of Code chapter 39A, to be deposited in the general fund of the state. The court may also, in its discretion, award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant.