2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?

action=printOpen&bill=SF 413&status=r&ga=89

Senate File 413 - Reprinted

SENATE FILE 413

BY COMMITTEE ON STATE
GOVERNMENT

(SUCCESSOR TO SSB 1199)

(COMPANION TO 2298HV BY
COMMITTEE ON STATE GOVERNMENT)

(As Amended and Passed by the Senate February 23, 2021)

A BILL FOR

1 An Act relating to the conduct of elections, including absentee

2 ballots and voter list maintenance activities, making
3 penalties applicable, and including effective date and
4 applicability provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

SF 413 (2) 89
ss/jh/mb

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 1/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 Section 1. Section 9E.6, subsection 2, paragraph b, Code

2 2021, is amended to read as follows:
3 b. The program participant shall complete the ballot and
4 return it to the state commissioner of elections, who shall
5 review the ballot in the manner provided by sections 53.18
6 and 53.19 if the return envelope is received in the state
7 commissioner’s office before the polls close on election day
8 or is clearly postmarked by an officially authorized postal
9 service or bears a postal service barcode traceable to a date
10 of entry into the federal mail system not later than the day
11 before the election, as provided in section 53.17A. If the
12 materials comply with the requirements of section 53.18, the
13 materials shall be certified by the state commissioner of
14 elections as the ballot of a program participant, and shall be
15 forwarded to the appropriate county commissioner of elections
16 for tabulation by the special voters precinct election board
17 appointed pursuant to section 53.23.
18 Sec. 2. NEW SECTION. 39.13 Conference boards —— appointment
19 —— limitations.
20 1. Notwithstanding section 441.2, for the purposes of
21 conducting the business of a conference board established
22 pursuant to section 441.2, a person shall not serve in a
23 voting unit of a conference board if such service would be
24 incompatible with another office held by that person.
25 2. If a person is a member of more than one body whose
26 members make up a voting unit on the conference board, that
27 person shall waive the person’s position on the conference
28 board for all but one of the bodies the person represents. A
29 waiver pursuant to this subsection does not cause the person
30 to vacate any elective office.
31 Sec. 3. Section 39A.2, subsection 1, Code 2021, is amended
32 by adding the following new paragraph:
33 NEW PARAGRAPH. g. Failure to perform duties. As an
34 election official, fails to perform duties prescribed by
35 chapters 39 through 53, except for section 48A.41, or fails to
SF 413 (2) 89
-1- ss/jh/mb 1/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 2/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 follow or implement guidance issued pursuant to section 47.1,

2 or performs those duties and responsibilities in such a way as
3 to hinder or disregard the object of the law.
4 Sec. 4. Section 39A.3, subsection 1, paragraph b, Code 2021,
5 is amended by adding the following new subparagraph:
6 NEW SUBPARAGRAPH. (9) Fails to perform voter list
7 maintenance in violation of section 48A.41.
8 Sec. 5. Section 39A.4, subsection 1, paragraph b,
9 subparagraph (1), Code 2021, is amended to read as follows:
10 (1) Serving as a member of a challenging committee or
11 observer under section 49.104, subsection 2, 5, or 6, 1,
12 paragraph “b”, “e”, or “f”, while serving as a precinct election
13 official at the polls.
14 Sec. 6. Section 39A.4, subsection 1, paragraph b,
15 subparagraph (2), Code 2021, is amended by striking the
16 subparagraph.
17 Sec. 7. Section 39A.4, subsection 1, paragraph b, Code 2021,
18 is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (14) Interferes with a person permitted
20 at a polling place pursuant to section 49.104.
21 Sec. 8. Section 39A.4, subsection 1, paragraph c,
22 subparagraphs (10) and (11), Code 2021, are amended to read as
23 follows:
24 (10) Returning a voted absentee ballot, by mail, to a ballot
25 drop box, or in person, to the commissioner’s office and the
26 person returning the ballot is not the voter, the voter’s
27 designee, or a special precinct election official designated
28 pursuant to section 53.22, subsection 2 a person prohibited
29 to collect and deliver a completed ballot pursuant to section
30 53.33.
31 (11) Making a false or untrue statement reporting that
32 a voted absentee ballot was returned to the commissioner’s
33 office, by mail or in person, or to a ballot drop box, by
34 a person other than the voter, the voter’s designee, or a
35 special precinct election official designated pursuant to
SF 413 (2) 89
-2- ss/jh/mb 2/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 3/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 section 53.22, subsection 2 prohibited to collect and deliver a

2 completed ballot pursuant to section 53.33.
3 Sec. 9. Section 39A.6, subsection 3, Code 2021, is amended
4 to read as follows:
5 3. a. This notice is not a final determination of facts
6 or law in the matter, and does not entitle a person to a
7 proceeding under chapter 17A. Upon issuance of a technical
8 infraction to a county commissioner, the state commissioner
9 shall also impose a fine not to exceed ten thousand dollars to
10 be deposited in the general fund.
11 b. A county commissioner shall pay a fine issued pursuant to
12 this section or file an appeal pursuant to chapter 17A within
13 sixty days. A county commissioner who fails to pay a fine that
14 was not dismissed pursuant to chapter 17A shall be suspended
15 from office for a period not to exceed two years pursuant to
16 sections 66.7 and 66.8.
17 c. If a county commissioner is suspended pursuant to
18 paragraph “b”, the state commissioner shall direct the deputy of
19 the county commissioner to oversee the functions of the office
20 until the suspension is revoked or the office is vacated and a
21 successor is elected. The state commissioner may direct the
22 state commissioner’s staff to assist in the performance of the
23 duties of the county commissioner.
24 Sec. 10. Section 39A.6, Code 2021, is amended by adding the
25 following new subsection:
26 NEW SUBSECTION. 4. Upon issuing a technical infraction,
27 the state commissioner shall immediately inform the attorney
28 general and relevant county attorney if the apparent violation
29 constitutes or may constitute election misconduct under this
30 chapter.
31 Sec. 11. NEW SECTION. 39A.7 Election misconduct ——
32 investigation.
33 1. The attorney general or county attorney shall
34 investigate allegations of election misconduct reported to the
35 attorney general or county attorney. Election misconduct by an
SF 413 (2) 89
-3- ss/jh/mb 3/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 4/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 election official shall also be investigated for prosecution

2 under chapter 721.
3 2. Upon the completion of an investigation required by this
4 section, the attorney general or county attorney shall submit
5 the results of the investigation to the state commissioner and
6 explain whether the attorney general or county attorney will
7 pursue charges.
8 Sec. 12. NEW SECTION. 43.17 Preclusion of partisan
9 nomination.
10 A person shall not file nomination papers under this chapter
11 on behalf of a candidate if nomination papers have been filed
12 pursuant to section 44.4 on behalf of the candidate for the
13 same office and election year.
14 Sec. 13. Section 43.20, subsection 1, Code 2021, is amended
15 by striking the subsection and inserting in lieu thereof the
16 following:
17 1. a. Except as provided in paragraph “b”, nomination
18 papers shall be signed by eligible electors as provided in
19 section 45.1.
20 b. Nomination papers for an office to be filled by the
21 voters of the county or for the office of county supervisor
22 elected from a district within the county, shall be signed
23 by at least two percent of the party vote in the county or
24 supervisor district, as shown by the last general election, or
25 by at least one hundred persons, whichever is less.
26 Sec. 14. Section 43.20, subsection 2, Code 2021, is amended
27 by striking the subsection.
28 Sec. 15. Section 44.1, Code 2021, is amended to read as
29 follows:
30 44.1 Political nonparty Nonparty political organizations.
31 1. Any convention or caucus of eligible electors
32 representing a political organization which is not a political
33 party as defined by law, may, for the state, or for any
34 division or municipality thereof, or for any county, or for
35 any subdivision thereof, for which such convention or caucus

SF 413 (2) 89
-4- ss/jh/mb 4/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 5/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 is held, make one nomination of a candidate for each office to

2 be filled therein at the general election. However, in order
3 to qualify for any nomination made for a statewide elective
4 office by such a political organization there shall be in
5 attendance at the convention or caucus where the nomination
6 is made a minimum of two hundred fifty five hundred eligible
7 electors including at least one eligible elector from each of
8 twenty-five counties. In order to qualify for any nomination
9 to the office of United States representative there shall be
10 in attendance at the convention or caucus where the nomination
11 is made a minimum of fifty two hundred eligible electors who
12 are residents of the congressional district including at least
13 one eligible elector from each of at least one-half of the
14 counties of the congressional district. In order to qualify
15 for any nomination to an office to be filled by the voters
16 of a county or of a city there shall be in attendance at the
17 convention or caucus where the nomination is made a minimum of
18 ten twenty eligible electors who are residents of the county
19 or city, as the case may be, including at least one eligible
20 elector from at least one-half of the voting precincts in that
21 county or city. In order to qualify for any nomination made
22 for the general assembly there shall be in attendance at the
23 convention or caucus where the nomination is made a minimum
24 of ten twenty-five eligible electors who are residents of the
25 representative district or twenty fifty eligible electors who
26 are residents of the senatorial district, as the case may be,
27 with at least one eligible elector from one-half of the voting
28 precincts in the district in each case. The names of all
29 delegates in attendance at such convention or caucus and such
30 fact shall be certified to the state commissioner together with
31 the other certification requirements of this chapter.
32 2. A candidate who has been nominated under a political
33 party under chapter 43 shall not be eligible for nomination
34 under this chapter for the same office in the same election
35 year.

SF 413 (2) 89
-5- ss/jh/mb 5/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 6/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 Sec. 16. Section 45.1, subsections 1 and 2, Code 2021, are

2 amended to read as follows:
3 1. Nominations for candidates for president and vice
4 president, governor and lieutenant governor, and for other
5 statewide elected offices United States senator may be made
6 by nomination petitions signed by not less than one thousand
7 five hundred eligible electors residing in not less than ten
8 counties of the state three thousand five hundred eligible
9 electors, including at least one hundred eligible electors each
10 from at least nineteen counties of the state.
11 2. Nominations for candidates for a representative in
12 the United States house of representatives may be made by
13 nomination petitions signed by not less than the number of
14 eligible electors equal to the number of signatures required in
15 subsection 1 divided by the number of congressional districts.
16 Signers of the petition shall be eligible electors who are
17 residents of the congressional district one thousand seven
18 hundred twenty-six eligible electors who are residents of the
19 congressional district, including at least forty-seven eligible
20 electors each from at least one-half of the counties in the
21 congressional district.
22 Sec. 17. Section 45.1, Code 2021, is amended by adding the
23 following new subsection:
24 NEW SUBSECTION. 1A. Nominations for candidates for
25 statewide offices other than those listed in subsection 1 may
26 be made by nomination petitions signed by not less than two
27 thousand five hundred eligible electors, including at least
28 seventy-seven eligible electors from not less than eighteen
29 counties of the state.
30 Sec. 18. Section 47.1, subsection 1, Code 2021, is amended
31 to read as follows:
32 1. The secretary of state is designated as the state
33 commissioner of elections and shall supervise the activities of
34 the county commissioners of elections. There is established
35 within the office of the secretary of state a division of

SF 413 (2) 89
-6- ss/jh/mb 6/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 7/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 elections which shall be under the direction of the state

2 commissioner of elections. The state commissioner of
3 elections may appoint a person to be in charge of the division
4 of elections who shall perform the duties assigned by the
5 state commissioner of elections. The state commissioner of
6 elections shall prescribe uniform election practices and
7 procedures, shall prescribe the necessary forms required
8 for the conduct of elections, shall assign a number to each
9 proposed constitutional amendment and statewide public measure
10 for identification purposes, and shall adopt rules, pursuant to
11 chapter 17A, to carry out this section. The state commissioner
12 of elections may issue guidance that is not subject to the
13 rulemaking process to clarify election laws and rules.
14 Sec. 19. Section 47.2, subsection 1, Code 2021, is amended
15 to read as follows:
16 1. The county auditor of each county is designated as the
17 county commissioner of elections in each county. The county
18 commissioner of elections shall conduct voter registration
19 pursuant to chapter 48A and conduct all elections within the
20 county. The county commissioner of elections does not possess
21 home rule powers with respect to the exercise of powers or
22 duties related to the conduct of elections prescribed by
23 statute or rule, or guidance issued pursuant to section 47.1.
24 Sec. 20. Section 47.7, subsection 2, Code 2021, is amended
25 by adding the following new paragraph:
26 NEW PARAGRAPH. f. (1) The state registrar shall, in the
27 first quarter of each calendar year, conduct a verification
28 of all voters in the statewide voter registration file, which
29 shall include cross-referencing the records in the statewide
30 voter registration file with similar records maintained by
31 other states. The state registrar of voters shall cancel the
32 registration of a voter found to be ineligible pursuant to
33 section 48A.30. The state registrar shall submit a report
34 to the general assembly by April 30 of each year regarding
35 the number of voter registrations canceled pursuant to this

SF 413 (2) 89
-7- ss/jh/mb 7/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 8/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 paragraph. The state registrar shall also publish this report

2 on the internet site of the state registrar.
3 (2) The state registrar may contract with a third-party
4 vendor to develop or provide a program to allow the state
5 registrar to verify the status of records in the statewide
6 voter registration file and identify ineligible voters on an
7 ongoing basis.
8 Sec. 21. Section 47.7, Code 2021, is amended by adding the
9 following new subsection:
10 NEW SUBSECTION. 3. The state registrar of voters shall use
11 information from the electronic registration information center
12 to update information in the statewide voter registration
13 system, including but not limited to the following reports:
14 a. In-state duplicates.
15 b. In-state updates.
16 c. Cross-state matches.
17 d. Deceased.
18 e. Eligible but unregistered.
19 f. National change of address.
20 Sec. 22. Section 48A.9, subsection 1, Code 2021, is amended
21 to read as follows:
22 1. Registration closes at 5:00 p.m. eleven fifteen days
23 before each election except general elections. For general
24 elections, registration closes at 5:00 p.m. ten days before
25 the election. An eligible elector may register during the
26 time registration is closed in the elector’s precinct but the
27 registration shall not become effective until registration
28 opens again in the elector’s precinct, except as otherwise
29 provided in section 48A.7A.
30 Sec. 23. Section 48A.10A, subsection 1, Code 2021, is
31 amended to read as follows:
32 1. The state registrar shall compare lists of persons who
33 are registered to vote with the department of transportation’s
34 driver’s license and nonoperator’s identification card files
35 and shall, on an initial basis, issue a voter identification

SF 413 (2) 89
-8- ss/jh/mb 8/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 9/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 card to each active, registered voter whose name does not

2 appear in the department of transportation’s files. The voter
3 identification card shall include the name of the registered
4 voter, a signature line above which the registered voter shall
5 sign the voter identification card, the registered voter’s
6 identification number assigned to the voter pursuant to section
7 47.7, subsection 2, and an additional four-digit personal
8 identification number assigned by the state commissioner, and
9 the times during which polling places will be open on election
10 days.
11 Sec. 24. Section 48A.27, subsection 4, paragraph c,
12 subparagraph (2), Code 2021, is amended to read as follows:
13 (2) The notice shall contain a statement in substantially
14 the following form:
15 Information received from the United States postal service
16 indicates that you are no longer a resident of, and therefore
17 not eligible to vote in (name of county) County, Iowa. If this
18 information is not correct, and you still live in (name of
19 county) County, please complete and mail the attached postage
20 paid card at least ten days before the primary or general
21 election and at least eleven fifteen days before any other
22 election at which you wish to vote. If the information is
23 correct and you have moved, please contact a local official
24 in your new area for assistance in registering there. If
25 you do not mail in the card, you may be required to show
26 identification before being allowed to vote in (name of county)
27 County. If you do not return the card, and you do not vote
28 in an election in (name of county) County, Iowa, on or before
29 (date of second general election following the date of the
30 notice) your name will be removed from the list of voters in
31 that county.
32 Sec. 25. Section 48A.28, subsections 1 and 2, Code 2021, are
33 amended to read as follows:
34 1. Each commissioner shall conduct a systematic program
35 that makes a reasonable effort to remove from the official list
SF 413 (2) 89
-9- ss/jh/mb 9/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 10/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 of registered voters the names of registered voters who have

2 changed residence from their registration addresses. Either or
3 both of the methods described in this section may be used.
4 2. a. A commissioner may shall participate in the United
5 States postal service national change of address program, as
6 provided in section 48A.27. The state voter registration
7 commission shall adopt rules establishing specific requirements
8 for participation and use of the national change of address
9 program.
10 b. A commissioner participating in the national change of
11 address program, in the first quarter of each calendar year,
12 shall send a notice and preaddressed, postage paid return card
13 by forwardable mail to each registered voter whose name was
14 not reported by the national change of address program and who
15 has not voted in two or more consecutive general elections the
16 most recent general election and has not registered again, or
17 who has not reported a change to an existing registration, or
18 who has not responded to a notice from the commissioner or
19 registrar during the period between and following the previous
20 two general elections. Registered voters receiving such
21 notice shall be marked inactive. The form and language of the
22 notice and return card shall be specified by the state voter
23 registration commission by rule. A registered voter shall not
24 be sent a notice and return card under this subsection more
25 frequently than once in a four-year period.
26 Sec. 26. Section 48A.28, subsection 3, Code 2021, is amended
27 by striking the subsection.
28 Sec. 27. Section 48A.29, subsection 1, paragraph b, Code
29 2021, is amended to read as follows:
30 b. The notice shall contain a statement in substantially the
31 following form:
32 Information received from the United States postal service
33 indicates that you are no longer a resident of (residence
34 address) in (name of county) County, Iowa. If this information
35 is not correct, and you still live in (name of county) County,

SF 413 (2) 89
-10- ss/jh/mb 10/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 11/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 please complete and mail the attached postage paid card at

2 least ten days before the primary or general election and at
3 least eleven fifteen days before any other election at which
4 you wish to vote. If the information is correct, and you have
5 moved, please contact a local official in your new area for
6 assistance in registering there. If you do not mail in the
7 card, you may be required to show identification before being
8 allowed to vote in (name of county) County. If you do not
9 return the card, and you do not vote in some election in (name
10 of county) County, Iowa, on or before (date of second general
11 election following the date of the notice) your name will be
12 removed from the list of voters in that county.
13 Sec. 28. Section 48A.29, subsection 3, paragraph b, Code
14 2021, is amended to read as follows:
15 b. The notice shall contain a statement in substantially the
16 following form:
17 Information received by this office indicates that you
18 are no longer a resident of (residence address) in (name of
19 county) County, Iowa. If the information is not correct,
20 and you still live at that address, please complete and mail
21 the attached postage paid card at least ten days before the
22 primary or general election and at least eleven fifteen days
23 before any other election at which you wish to vote. If the
24 information is correct, and you have moved within the county,
25 you may update your registration by listing your new address
26 on the card and mailing it back. If you have moved outside
27 the county, please contact a local official in your new area
28 for assistance in registering there. If you do not mail in
29 the card, you may be required to show identification before
30 being allowed to vote in (name of county) County. If you do not
31 return the card, and you do not vote in some election in (name
32 of county) County, Iowa, on or before (date of second general
33 election following the date of the notice) your name will be
34 removed from the list of registered voters in that county.
35 Sec. 29. Section 48A.30, subsection 1, paragraph g, Code
SF 413 (2) 89
-11- ss/jh/mb 11/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 12/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 2021, is amended to read as follows:

2 g. The registered voter’s registration record has been
3 inactive pursuant to section 48A.28 or 48A.29 for two
4 successive general elections.
5 Sec. 30. Section 48A.37, subsection 2, Code 2021, is amended
6 to read as follows:
7 2. Electronic records shall include a status code
8 designating whether the records are active, inactive,
9 incomplete, pending, or canceled. Inactive records are records
10 of registered voters to whom notices have been sent pursuant
11 to section 48A.28, subsection 3, and who have not returned
12 the card or otherwise responded to the notice, and those
13 records have been designated inactive pursuant to section
14 48A.29. Inactive records are also records of registered
15 voters to whom notices have been sent pursuant to section
16 48A.26A and who have not responded to the notice. Incomplete
17 records are records missing required information pursuant to
18 section 48A.11, subsection 8. Pending records are records of
19 applicants whose applications have not been verified pursuant
20 to section 48A.25A. Canceled records are records that have
21 been canceled pursuant to section 48A.30. All other records
22 are active records. An inactive record shall be made active
23 when the registered voter requests an absentee ballot, votes
24 at an election, registers again, or reports a change of name,
25 address, telephone number, or political party or organization
26 affiliation. An incomplete record shall be made active when
27 a completed application is received from the applicant and
28 verified pursuant to section 48A.25A. A pending record shall
29 be made active upon verification or upon the voter providing
30 identification pursuant to section 48A.8.
31 Sec. 31. NEW SECTION. 48A.40 Voter list maintenance
32 reports.
33 1. The commissioner of registration shall annually
34 submit to the state registrar of voters a report regarding
35 the number of voter registration records marked inactive or

SF 413 (2) 89
-12- ss/jh/mb 12/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 13/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 canceled pursuant to sections 48A.28 through 48A.30. The state

2 registrar of voters shall publish such reports on the internet
3 site of the state registrar of voters.
4 2. The state registrar of voters shall determine by rule the
5 form and submission deadline of reports submitted pursuant to
6 subsection 1.
7 Sec. 32. NEW SECTION. 48A.41 Voter registration maintenance
8 audits —— investigations.
9 1. The state registrar of voters shall conduct an audit
10 of voter registration maintenance by each commissioner of
11 registration in April of each odd-numbered year, on a schedule
12 determined by the commissioner.
13 2. If in the course of an audit under this section the state
14 registrar of voters finds that a commissioner of registration
15 has failed to perform required voter list maintenance,
16 the state registrar of voters shall submit the audit to
17 the relevant county attorney and attorney general within
18 twenty-four hours for investigation of a violation of section
19 39A.3, subsection 1, paragraph “b”, subparagraph (9), or other
20 provision of law.
21 Sec. 33. NEW SECTION. 49.2 Oversight by the state
22 commissioner.
23 The state commissioner, or a designee of the state
24 commissioner, may, at the discretion of the state commissioner,
25 oversee the activities of a county commissioner of elections
26 during a period beginning sixty days before an election and
27 ending sixty days after an election. For the purposes of this
28 section, “oversee” means to observe election-related activity,
29 correct any activity not in accordance with law, and issue a
30 written notice and instructions pursuant to section 39A.6 for
31 any technical infractions that are observed.
32 Sec. 34. Section 49.13, Code 2021, is amended by adding the
33 following new subsection:
34 NEW SUBSECTION. 7. A person serving on a precinct election
35 board pursuant to subsection 2 or 3 who changes the political

SF 413 (2) 89
-13- ss/jh/mb 13/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 14/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 party of which the person is a member within thirty days before

2 an election shall be immediately removed from the board and a
3 substitute shall be appointed pursuant to section 49.14.
4 Sec. 35. Section 49.23, Code 2021, is amended to read as
5 follows:
6 49.23 Notice of change.
7 When a change is made from the usual polling place for the
8 precinct or when the precinct polling place for any primary or
9 general election is different from that used for the precinct
10 at the last preceding primary or general election, notice of
11 such change shall be given by publication in a newspaper of
12 general circulation in the precinct mailed to all registered
13 voters in the precinct and posted prominently in the county
14 commissioner’s office and on the county commissioner’s internet
15 site not more than twenty nor less than four seven days before
16 the day on which the election is to be held. In addition a
17 notice of the present polling place for the precinct shall be
18 posted, not later than the hour at which the polls open on
19 the day of the election, on each door to the usual or former
20 polling place in the precinct and shall remain there until the
21 polls have closed.
22 Sec. 36. Section 49.73, subsection 2, Code 2021, is amended
23 to read as follows:
24 2. a. All polling places where the candidates of or any
25 public question submitted by any one political subdivision are
26 being voted upon shall be opened at the same hour. The hours at
27 which the respective precinct polling places are to open shall
28 not be changed after publication of the notice required by
29 section 49.53. The polling places shall be closed at 9:00 p.m.
30 for state primary and general elections and other partisan
31 elections, and for any other election held concurrently
32 therewith, and at 8:00 p.m. for all other elections.
33 b. The legislative services agency shall place on the
34 internet site of the agency information regarding the opening
35 and closing times of polling places until and including
SF 413 (2) 89
-14- ss/jh/mb 14/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 15/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 November 7, 2024. This paragraph is repealed effective July

2 1, 2025.
3 Sec. 37. Section 49.77, subsection 2, Code 2021, is amended
4 to read as follows:
5 2. If the declaration of eligibility is not printed on
6 each page of the election register, any of those persons
7 present pursuant to section 49.104, subsection 2, 3, 5, or 6,
8 1, paragraph “b”, “c”, “e”, or “f”, may upon request view the
9 signed declarations of eligibility and may review the signed
10 declarations on file so long as the person does not interfere
11 with the functions of the precinct election officials. If the
12 declaration of eligibility is printed on the election register,
13 voters shall also sign a voter roster which the precinct
14 election official shall make available for viewing. Any of
15 those persons present pursuant to section 49.104, subsection 2,
16 3, 5, or 6, 1, paragraph “b”, “c”, “e”, or “f”, may upon request
17 view the roster of those voters who have signed declarations of
18 eligibility, so long as the person does not interfere with the
19 functions of the precinct election officials.
20 Sec. 38. Section 49.88, Code 2021, is amended by adding the
21 following new subsection:
22 NEW SUBSECTION. 3. A person standing for election on the
23 ballot before a voter shall not occupy the voting booth with
24 the voter, including to assist the voter.
25 Sec. 39. Section 49.90, Code 2021, is amended to read as
26 follows:
27 49.90 Assisting voter.
28 Any voter who may declare upon oath that the voter is blind,
29 cannot read the English language, or is, by reason of any
30 physical disability other than intoxication, unable to cast a
31 vote without assistance, shall, upon request, be assisted by
32 the two officers as provided in section 49.89, or alternatively
33 by any other person the voter may select in casting the vote,
34 except that the voter shall not select a person standing for
35 election on the ballot. The officers, or the person selected
SF 413 (2) 89
-15- ss/jh/mb 15/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 16/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 by the voter, shall cast the vote of the voter requiring

2 assistance, and shall thereafter give no information regarding
3 the vote cast. If any elector because of a disability cannot
4 enter the building where the polling place for the elector’s
5 precinct of residence is located, the two officers shall take
6 a paper ballot to the vehicle occupied by the elector with
7 a disability and allow the elector to cast the ballot in
8 the vehicle. Ballots cast by voters with disabilities shall
9 be deposited in the regular ballot box, or inserted in the
10 tabulating device, and counted in the usual manner.
11 Sec. 40. Section 49.104, Code 2021, is amended to read as
12 follows:
13 49.104 Persons permitted at polling places.
14 1. The following persons shall be permitted to be present at
15 and in the immediate vicinity of the polling places, provided
16 they do not solicit votes:
17 1. a. Any person who is by law authorized to perform or
18 is charged with the performance of official duties at the
19 election.
20 2. b. Any number of persons, not exceeding three at a time
21 from each political party having candidates to be voted for
22 at such election, to act as challenging committees, who are
23 appointed and accredited by the executive or central committee
24 of such political party or organization.
25 3. c. Any number of persons not exceeding three at a time
26 from each of such political parties, appointed and accredited
27 in the same manner as prescribed in subsection 2 paragraph
28 “b” for challenging committees, and any number of persons
29 not exceeding three at a time appointed as observers under
30 subsection 5 paragraph “e”, to witness the counting of ballots.
31 4. d. Any peace officer assigned or called upon to keep
32 order or maintain compliance with the provisions of this
33 chapter, upon request of the commissioner or of the chairperson
34 of the precinct election board.
35 5. e. One observer at a time representing any nonparty

SF 413 (2) 89
-16- ss/jh/mb 16/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 17/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 political organization, any candidate nominated by petition

2 pursuant to chapter 45, or any other nonpartisan candidate
3 in a city or school election, appearing on the ballot of the
4 election in progress. Candidates who send observers to the
5 polls shall provide each observer with a letter of appointment
6 in the form prescribed by the state commissioner.
7 6. f. Any persons expressing an interest in a ballot issue
8 to be voted upon at an election except a general or primary
9 election. Any such person shall file a notice of intent to
10 serve as an observer with the commissioner before election
11 day. If more than three persons file a notice of intent to
12 serve at the same time with respect to ballot issues at an
13 election, the commissioner shall appoint from those submitting
14 a notice of intent the three persons who may serve at that time
15 as observers, and shall provide a schedule to all persons who
16 filed notices of intent. The appointees, whenever possible,
17 shall include both opponents and proponents of the ballot
18 issues.
19 7. g. Any person authorized by the commissioner, in
20 consultation with the secretary of state, for the purposes of
21 conducting and attending educational voting programs.
22 8. h. Reporters, photographers, and other staff
23 representing the news media. However, representatives of the
24 news media, while present at or in the immediate vicinity of
25 the polling places, shall not interfere with the election
26 process in any way.
27 2. A precinct election official or county commissioner
28 shall not obstruct or interfere with a person fulfilling that
29 person’s role or performing that person’s duty under subsection
30 1. A person who violates this subsection is guilty of election
31 misconduct in the third degree.
32 Sec. 41. Section 49.109, Code 2021, is amended to read as
33 follows:
34 49.109 Employees entitled to time to vote.
35 Any person entitled to vote at an election in this state who
SF 413 (2) 89
-17- ss/jh/mb 17/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 18/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 does not have three two consecutive hours in the period between
2 the time of the opening and the time of the closing of the polls
3 during which the person is not required to be present at work
4 for an employer, is entitled to such time off from work time to
5 vote as will in addition to the person’s nonworking time total
6 three two consecutive hours during the time the polls are open.
7 Application by any employee for such absence shall be made
8 individually and in writing prior to the date of the election,
9 and the employer shall designate the period of time to be
10 taken. The employee is not liable to any penalty nor shall any
11 deduction be made from the person’s regular salary or wages on
12 account of such absence.
13 Sec. 42. NEW SECTION. 50.52 Enforcement.
14 Members of local law enforcement agencies and the state
15 patrol are authorized to take all reasonable actions to prevent
16 violations of this chapter.
17 Sec. 43. Section 53.2, subsection 1, Code 2021, is amended
18 to read as follows:
19 1. a. Any registered voter, under the circumstances
20 specified in section 53.1, may on any day, except election day,
21 and not more than one hundred twenty seventy days prior to the
22 date of the election, apply in person for an absentee ballot
23 at the commissioner’s office or at any location designated by
24 the commissioner. However, for those elections in which the
25 commissioner directs the polls be opened at noon pursuant to
26 section 49.73, a voter may apply in person for an absentee
27 ballot at the commissioner’s office from 8:00 a.m. until 11:00
28 a.m. on election day.
29 b. A registered voter may make written application to the
30 commissioner for an absentee ballot. A written application
31 for an absentee ballot must be received by the commissioner no
32 later than 5:00 p.m. on the same day as the voter registration
33 deadline provided in section 48A.9 for the election for which
34 the ballot is requested, except when the absentee ballot is
35 requested and voted at the commissioner’s office pursuant to
SF 413 (2) 89
-18- ss/jh/mb 18/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 19/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 section 53.10. A written application for an absentee ballot

2 delivered to the commissioner and received by the commissioner
3 more than one hundred twenty seventy days prior to the date of
4 the election shall be returned to the voter with a notification
5 of the date when the applications will be accepted.
6 c. The commissioner may send an absentee ballot application
7 to a registered voter at the request of the registered voter.
8 The commissioner shall not send an absentee ballot application
9 to a person who has not submitted such a request.
10 d. In the event of a public health disaster declared by the
11 governor pursuant to section 29C.6, the general assembly may by
12 resolution direct the state commissioner to send an absentee
13 ballot application to each registered voter prior to a primary
14 or general election held in an even-numbered year. If the
15 general assembly is not in session, the legislative council may
16 so direct the state commissioner by a majority vote.
17 Sec. 44. Section 53.2, subsection 2, Code 2021, is amended
18 by adding the following new paragraph:
19 NEW PARAGRAPH. d. No absentee ballot application shall be
20 provided to a registered voter with any field prefilled, except
21 that the absentee ballot application may have the fields for
22 the type and date of the election prefilled.
23 Sec. 45. Section 53.2, Code 2021, is amended by adding the
24 following new subsection:
25 NEW SUBSECTION. 11. If an application for an absentee
26 ballot is received between 5:00 p.m. on the fifteenth day
27 before an election and 5:00 p.m. on the seventh day before
28 an election, the commissioner shall notify the registered
29 voter within twenty-four hours that the absentee ballot
30 request cannot be processed and notify the registered voter
31 of ways the registered voter may participate in the election.
32 A notification sent pursuant to this subsection shall be
33 transmitted in the same manner as a notification transmitted
34 pursuant to subsection 4, paragraph “b”.
35 Sec. 46. NEW SECTION. 53.4 Absentee ballots —— reports.

SF 413 (2) 89
-19- ss/jh/mb 19/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 20/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 1. Beginning on the first day that absentee ballots are

2 mailed in each primary and general election and each special
3 election pursuant to section 69.14, and through election
4 day, the state commissioner shall publish a report regarding
5 absentee ballots on a daily basis. The report shall include,
6 at a minimum, all of the following information:
7 a. The number of absentee ballot request forms received by
8 a county commissioner.
9 b. The number of absentee ballots sent by a county
10 commissioner.
11 c. The total number of absentee ballots received by a county
12 commissioner, and the total delivered by each of the following
13 methods:
14 (1) Mail.
15 (2) Delivery to a drop box.
16 (3) Delivery by hand.
17 (4) Voted in person at a satellite location.
18 2. Each county commissioner shall provide all information
19 necessary under this section to the state commissioner in a
20 manner prescribed by the state commissioner.
21 Sec. 47. Section 53.8, subsection 1, paragraph a,
22 unnumbered paragraph 1, Code 2021, is amended to read as
23 follows:
24 Upon receipt of an application for an absentee ballot and
25 immediately after the absentee ballots are printed, but not
26 more than twenty-nine twenty days before the election, the
27 commissioner shall mail an absentee ballot to the applicant
28 within twenty-four hours, except as otherwise provided in
29 subsection 3. When the United States post office is closed
30 in observance of a federal holiday and is not delivering mail
31 on the twenty-ninth day before the election, the first day to
32 mail absentee ballots is the next business day on which mail
33 delivery is available. The absentee ballot shall be sent to
34 the registered voter by one of the following methods:
35 Sec. 48. Section 53.8, subsection 2, paragraph a, Code 2021,
SF 413 (2) 89
-20- ss/jh/mb 20/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 21/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 is amended to read as follows:

2 a. The commissioner shall enclose with the absentee ballot
3 a statement informing the applicant that the sealed return
4 envelope may be mailed to the commissioner by the registered
5 voter or the voter’s designee a person not prohibited to
6 collect and deliver a completed ballot pursuant to section
7 53.33, may be returned to a drop box established by the
8 commissioner pursuant to section 53.17, subsection 1, by
9 the registered voter or a person not prohibited to collect
10 and deliver a completed ballot pursuant to section 53.33,
11 only if the commissioner has established such a drop box, or
12 may be personally delivered to the commissioner’s office by
13 the registered voter or the voter’s designee a person not
14 prohibited to collect and deliver a completed ballot pursuant
15 to section 53.33. The statement shall also inform the voter
16 that the voter may request that the voter’s designee person not
17 prohibited to collect and deliver a completed ballot pursuant
18 to section 53.33 complete a receipt when retrieving the ballot
19 from the voter. A blank receipt shall be enclosed with the
20 absentee ballot.
21 Sec. 49. Section 53.8, Code 2021, is amended by adding the
22 following new subsection:
23 NEW SUBSECTION. 4. The commissioner and the state
24 commissioner shall not mail an absentee ballot to a person who
25 has not submitted an application for an absentee ballot.
26 Sec. 50. Section 53.10, subsection 1, Code 2021, is amended
27 to read as follows:
28 1. Not more than twenty-nine twenty days before the date of
29 the primary election or the general election, the commissioner
30 shall provide facilities for absentee voting in person at the
31 commissioner’s office. This service shall also be provided
32 for other elections as soon as the ballots are ready, but in
33 no case shall absentee ballots be available under this section
34 more than twenty-nine twenty days before an election.
35 Sec. 51. Section 53.11, subsection 1, Code 2021, is amended
SF 413 (2) 89
-21- ss/jh/mb 21/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 22/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 to read as follows:
2 1. a. Not more than twenty-nine twenty days before the
3 date of an election, satellite absentee voting stations may be
4 established throughout the cities and county at the direction
5 of the commissioner and shall be established upon receipt
6 of a petition signed by not less than one hundred eligible
7 electors requesting that a satellite absentee voting station
8 be established at a location to be described on the petition.
9 However, if a special election is scheduled in the county on a
10 date that falls between the date of the regular city election
11 and the date of the city runoff election, the commissioner is
12 not required to establish a satellite absentee voting station
13 for the city runoff election.
14 b. A satellite absentee voting station established by
15 petition must be open at least one day for a minimum of six
16 hours. A satellite absentee voting station established at the
17 direction of the commissioner or by petition and may remain
18 open until 5:00 p.m. on the day before the election.
19 Sec. 52. Section 53.17, subsection 1, paragraph b, Code
20 2021, is amended to read as follows:
21 b. The sealed return envelope may be mailed to the
22 commissioner by the registered voter or by the voter’s
23 designee. If mailed by the voter’s designee, the envelope
24 must be mailed within seventy-two hours of retrieving it from
25 the voter or within time to be postmarked or, if applicable,
26 to have the postal service barcode traced to a date of entry
27 into the federal mail system not later than the day before the
28 election, as provided in section 53.17A, whichever is earlier.
29 Sec. 53. Section 53.17, subsection 1, Code 2021, is amended
30 by adding the following new paragraph:
31 NEW PARAGRAPH. c. The sealed return envelope may be
32 delivered by a person not prohibited to collect and deliver a
33 completed ballot pursuant to section 53.33 to a ballot drop
34 box established by the commissioner no later than the time the
35 polls are closed on election day. However, if delivered by

SF 413 (2) 89
-22- ss/jh/mb 22/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 23/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 the voter’s designee, the envelope shall be delivered within

2 seventy-two hours of retrieving it from the voter or before the
3 closing of the polls on election day, whichever is earlier. A
4 commissioner is not required to establish a ballot drop box. A
5 ballot drop box must meet all of the following requirements:
6 (1) A commissioner shall not establish more than one
7 ballot drop box, which shall be located at the office of
8 the commissioner, or on property owned and maintained by the
9 county that directly surrounds the building where the office
10 is located. For the purposes of this subparagraph, “office of
11 the commissioner” means a location where a voter may receive
12 services pursuant to section 48A.17, 50.20, 53.10, or 53.18.
13 (2) The ballot drop box shall not be used for any purpose
14 other than the collection of absentee ballots.
15 (3) The commissioner shall implement all reasonable
16 and necessary measures to ensure that the ballot drop box
17 is accessible and secure. Security measures may include
18 placing the ballot drop box in a place regularly viewed by the
19 commissioner or the commissioner’s staff.
20 (4) A video surveillance system shall be used to monitor all
21 activity at the ballot drop box at all times while the ballot
22 drop box is in place. The system shall create a recording,
23 which shall be reviewed by the state commissioner, county
24 attorney, and law enforcement in the event that misconduct
25 occurs.
26 (5) A ballot drop box shall be available no sooner than the
27 time that absentee ballots are allowed to be mailed pursuant
28 to section 53.8. The ballot drop box shall be removed or
29 restricted from accepting deliveries immediately upon the
30 closure of polls on election day.
31 (6) While available, a ballot drop box shall be securely
32 fastened to a stationary surface or an immovable object.
33 (7) The ballot drop box shall be secured by a lock and shall
34 include a tamper-evident seal. Only the commissioner or an
35 employee of the commissioner shall have access to the means to

SF 413 (2) 89
-23- ss/jh/mb 23/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 24/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 unfasten the lock.

2 (8) Materials delivered to the ballot drop box shall be
3 retrieved in an expeditious manner, but no less often than four
4 times per day.
5 (9) The commissioner shall maintain a log of each time
6 materials are retrieved from the ballot drop box, including the
7 date and time materials were retrieved, and the name of the
8 person who retrieved the materials. The commissioner or the
9 commissioner’s employee shall record on the ballot, near the
10 portion of the envelope including the affidavit signed by the
11 voter, that the materials were retrieved from a drop box, the
12 date and time of the retrieval, and the initials of the person
13 who retrieved the materials.
14 (10) A ballot retrieved from a ballot drop box shall be
15 processed in the same manner as a ballot returned pursuant to
16 paragraph “a”.
17 Sec. 54. Section 53.17, subsection 2, Code 2021, is amended
18 to read as follows:
19 2. In order for the ballot to be counted, the return
20 envelope must be received in the commissioner’s office before
21 the polls close on election day or be clearly postmarked by an
22 officially authorized postal service or bear a postal service
23 barcode traceable to a date of entry into the federal mail
24 system not later than the day before the election, as provided
25 in section 53.17A, and received by the commissioner not later
26 than noon on the Monday following the election.
27 Sec. 55. Section 53.17, subsection 4, paragraph f, Code
28 2021, is amended to read as follows:
29 f. A statement that the completed absentee ballot will
30 be delivered to the commissioner’s office within seventy-two
31 hours of retrieving it from the voter or before the closing of
32 the polls on election day, whichever is earlier, or that the
33 completed absentee ballot will be mailed to the commissioner
34 within seventy-two hours of retrieving it from the voter or
35 within time to be postmarked or, if applicable, to have the

SF 413 (2) 89
-24- ss/jh/mb 24/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 25/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 postal service barcode traced to a date of entry into the

2 federal mail system not later than the day before the election,
3 as provided in section 53.17A, whichever is earlier.
4 Sec. 56. Section 53.17, Code 2021, is amended by adding the
5 following new subsection:
6 NEW SUBSECTION. 5. For the purposes of this section,
7 “voter’s designee” means a person not prohibited to collect and
8 deliver a completed ballot pursuant to section 53.33.
9 Sec. 57. Section 53.17A, subsection 2, paragraphs a and b,
10 Code 2021, are amended by striking the paragraphs.
11 Sec. 58. Section 53.18, subsection 2, Code 2021, is amended
12 to read as follows:
13 2. If the commissioner receives the return envelope
14 containing the completed absentee ballot by 5:00 p.m. on the
15 Saturday before the election for general elections and by 5:00
16 p.m. on the Friday before the election for all other elections,
17 the commissioner shall review the affidavit marked on the
18 return envelope, if applicable, for completeness or shall open
19 the return envelope to review the affidavit for completeness.
20 If the affidavit is incomplete, the commissioner shall, within
21 twenty-four hours of the time the envelope was received, notify
22 the voter of that fact and that the voter may complete the
23 affidavit in person at the office of the commissioner by 5:00
24 p.m. on the day before the election, vote a replacement ballot
25 in the manner and within the time period provided in subsection
26 3, or appear at the voter’s precinct polling place on election
27 day and cast a ballot in accordance with section 53.19,
28 subsection 3. If the affidavit lacks the signature of the
29 registered voter, the commissioner shall, within twenty-four
30 hours of the receipt of the envelope, notify the voter of the
31 deficiency and inform the voter that the voter may vote a
32 replacement ballot as provided in subsection 3, cast a ballot
33 as provided in section 53.19, subsection 3, or complete the
34 affidavit in person at the office of the commissioner not later
35 than the time polls close on election day.
SF 413 (2) 89
-25- ss/jh/mb 25/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 26/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 Sec. 59. Section 53.18, Code 2021, is amended by adding the

2 following new subsection:
3 NEW SUBSECTION. 04. For the purposes of this section, a
4 return envelope marked with the affidavit shall be considered
5 incomplete if the affidavit lacks the registered voter’s
6 signature. A signature or marking made in accordance with
7 section 39.3, subsection 17, shall not cause an affidavit to be
8 considered incomplete.
9 Sec. 60. Section 53.19, subsection 1, Code 2021, is amended
10 to read as follows:
11 1. The commissioner shall maintain a list of the absentee
12 ballots provided to registered voters, the serial number
13 appearing on the unsealed envelope, the date the application
14 for the absentee ballot was received, and the date the absentee
15 ballot was sent to the registered voter requesting the absentee
16 ballot, the date the absentee ballot was received by the
17 commissioner, the date the absentee ballot outer envelope
18 was opened, and whether the ballot was delivered by mail, in
19 person, to a ballot drop box, or cast in person at a satellite
20 location. The information under this subsection shall be
21 reported separately at the same time as the information
22 reported under section 53.30, subsection 3.
23 Sec. 61. Section 53.22, subsection 3, Code 2021, is amended
24 to read as follows:
25 3. Any registered voter who becomes a patient, tenant, or
26 resident of a hospital, assisted living program, or health care
27 facility in the county where the voter is registered to vote
28 within three days prior to the date of any election after the
29 deadline to make a written application for an absentee ballot
30 as provided in section 53.2 or on election day may request an
31 absentee ballot during that period or on election day. As an
32 alternative to the application procedure prescribed by section
33 53.2, the registered voter may make the request directly to
34 the officers who are delivering and returning absentee ballots
35 under this section. Alternatively, the request may be made by
SF 413 (2) 89
-26- ss/jh/mb 26/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 27/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 telephone to the office of the commissioner not later than four

2 hours before the close of the polls. If the requester is found
3 to be a registered voter of that county, these officers shall
4 deliver the appropriate absentee ballot to the registered voter
5 in the manner prescribed by this section.
6 Sec. 62. Section 53.22, subsection 6, paragraph a, Code
7 2021, is amended to read as follows:
8 a. If the registered voter becomes a patient, tenant, or
9 resident of a hospital, assisted living program, or health care
10 facility outside the county where the voter is registered to
11 vote within three days before the date of any election after
12 the deadline to make a written application for an absentee
13 ballot as provided in section 53.2 or on election day, the
14 voter may designate a person to deliver and return the absentee
15 ballot. The designee may be any person the voter chooses
16 except that no candidate for any office to be voted upon for
17 the election for which the ballot is requested may deliver a
18 ballot under this subsection shall be a person not prohibited
19 to collect and deliver a completed ballot pursuant to section
20 53.33. The request for an absentee ballot may be made by
21 telephone to the office of the commissioner not later than four
22 hours before the close of the polls. If the requester is found
23 to be a registered voter of that county, the ballot shall be
24 delivered by mail or by the person designated by the voter. An
25 application form shall be included with the absentee ballot and
26 shall be signed by the voter and returned with the ballot.
27 Sec. 63. Section 53.23, subsection 3, paragraph c, Code
28 2021, is amended to read as follows:
29 c. For the general election, the The commissioner may
30 convene the special precinct election board on the day before
31 the election to begin counting absentee ballots. However, if
32 in the preceding general election the counting of absentee
33 ballots was not completed by 10:00 p.m. on election day, the
34 commissioner shall convene the special precinct election board
35 on the day before the next general election to begin counting

SF 413 (2) 89
-27- ss/jh/mb 27/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 28/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 absentee ballots. The board shall not release the results of

2 its tabulation pursuant to this paragraph until the count is
3 completed on election day.
4 Sec. 64. Section 53.30, Code 2021, is amended to read as
5 follows:
6 53.30 Ballots, ballot envelopes, and other information
7 preserved.
8 1. At the conclusion of each meeting of the absentee and
9 special voter precinct board, the board shall reconcile the
10 number of signed affidavits provided to the board by the
11 commissioner and the number of ballots that were counted and
12 tabulated. The board shall record the number of ballots that
13 were rejected prior to opening the affidavit envelope, the
14 number of absentee ballots that have been challenged and are
15 currently unopened, and the number of absentee ballots that
16 were accepted for counting and tabulation. The board shall
17 also reconcile the number of provisional ballots provided
18 to the board by the commissioner, the number of provisional
19 ballots that were accepted for counting and tabulation, and the
20 number of provisional ballots that were rejected.
21 2. At the conclusion of each meeting of the absentee and
22 special voters precinct board, the board shall securely seal
23 all ballots counted by them in the manner prescribed in section
24 50.12. The ballot envelopes, including the affidavit envelope
25 if an affidavit envelope was provided, the return envelope, and
26 secrecy envelope bearing the signatures of precinct election
27 officials, as required by section 53.23, shall be preserved.
28 All applications for absentee ballots, ballots rejected without
29 being opened, absentee ballot logs, and any other documents
30 pertaining to the absentee ballot process shall be preserved
31 until such time as the documents may be destroyed pursuant to
32 section 50.19.
33 3. Following each primary and general election,
34 commissioners shall report to the state commissioner the
35 number of voted absentee ballots received by the commissioner,

SF 413 (2) 89
-28- ss/jh/mb 28/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 29/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 the total number of absentee ballots counted and tabulated

2 by the board, and the number of absentee ballots rejected by
3 the board. The commissioner shall also provide the number of
4 provisional ballots cast, the number of provisional ballots
5 rejected, and the number of provisional ballots that were
6 counted and tabulated by the board.
7 Sec. 65. NEW SECTION. 53.33 Unlawful return of ballot.
8 Notwithstanding any provision of law to the contrary, no
9 person other than the registered voter or an individual who
10 lives in the same household as the registered voter, the
11 registered voter’s immediate family member, an individual
12 serving as a caretaker for the registered voter, or an
13 individual pursuant to section 53.22 shall collect a completed
14 ballot and return the ballot by mail or in person to the county
15 auditor’s office or other election location. A violation of
16 this section constitutes election misconduct in the third
17 degree under section 39A.4.
18 Sec. 66. Section 53.44, subsection 2, Code 2021, is amended
19 by striking the subsection and inserting in lieu thereof the
20 following:
21 2. In order for the ballot to be counted, the return
22 envelope must be received in the commissioner’s office before
23 the polls close on election day or be clearly postmarked by an
24 officially authorized postal service or bear a postal service
25 barcode traceable to a date of entry into the federal mail
26 system not later than the day before the election, as provided
27 in section 53.17A, and received by the commissioner not later
28 than noon on the Monday following the election.
29 Sec. 67. Section 53.53, subsection 4, paragraphs b and c,
30 Code 2021, are amended to read as follows:
31 b. The voter’s completed regular or special Iowa absentee
32 ballot was received by the deadline for return of absentee
33 ballots established in section 53.17 53.44.
34 c. The voter’s federal write-in ballot was received after
35 the deadline for return of absentee ballots established in

SF 413 (2) 89
-29- ss/jh/mb 29/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 30/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 section 53.17 53.44.

2 Sec. 68. Section 66.1A, Code 2021, is amended by adding the
3 following new subsection:
4 NEW SUBSECTION. 8. For failure to pay a fine imposed
5 pursuant to section 39A.6 and not dismissed pursuant to chapter
6 17A.
7 Sec. 69. Section 69.14A, subsection 2, paragraph a,
8 subparagraphs (1) and (2), Code 2021, are amended to read as
9 follows:
10 (1) The appointment shall be for the period until the
11 next pending election as defined in section 69.12 general
12 election, and shall be made within forty days after the vacancy
13 occurs. If the board of supervisors chooses to proceed under
14 this paragraph, the board shall publish notice in the manner
15 prescribed by section 331.305 stating that the board intends
16 to fill the vacancy by appointment but that the electors of
17 the county have the right to file a petition requiring that
18 the vacancy be filled by special election. The board may
19 publish notice in advance if an elected official submits a
20 resignation to take effect at a future date. The board may
21 make an appointment to fill the vacancy after the notice is
22 published or after the vacancy occurs, whichever is later. A
23 person appointed to an office under this subsection, except for
24 a county attorney, shall have actually resided in the county
25 which the appointee represents sixty days prior to appointment.
26 A person appointed to the office of county attorney shall be a
27 resident of the county at the time of appointment.
28 (2) However, if within fourteen days after publication
29 of the notice or within fourteen days after the appointment
30 is made, a petition is circulated and filed with the county
31 auditor requesting a special election to fill the vacancy,
32 the appointment is temporary and a special election shall be
33 called as provided in paragraph “b”. The petition shall meet
34 the requirements of section 331.306. A signature shall not be
35 considered valid if the signature is dated prior to the date on

SF 413 (2) 89
-30- ss/jh/mb 30/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 31/32

2/24/2021 https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89

S.F. 413

1 which the appointment was made.

2 Sec. 70. Section 69.14A, subsection 2, paragraph b,
3 subparagraph (1), Code 2021, is amended to read as follows:
4 (1) The board of supervisors may, on its own motion, or
5 shall, upon receipt of a petition as provided in paragraph
6 “a”, call for a special election to fill the vacancy in lieu
7 of appointment. The supervisors shall order the special
8 election at the earliest practicable date, but giving at least
9 thirty-two days’ notice of the election. A special election
10 called under this section shall be held on a Tuesday and shall
11 not be held on the same day as a school election within the
12 county.
13 Sec. 71. Section 331.756, Code 2021, is amended by adding
14 the following new subsection:
15 NEW SUBSECTION. 75. Bring actions under chapter 66 for
16 failure to pay fines imposed pursuant to section 39A.6 and not
17 dismissed pursuant to chapter 17A.
18 Sec. 72. Section 445.5, subsection 1, Code 2021, is amended
19 by adding the following new paragraph:
20 NEW PARAGRAPH. i. Until November 7, 2024, the hours during
21 which polling places are open on election days. This paragraph
22 is repealed effective July 1, 2025.
23 Sec. 73. EFFECTIVE DATE. This Act, being deemed of
24 immediate importance, takes effect upon enactment.
25 Sec. 74. APPLICABILITY. The following apply to all
26 candidates seeking election to an office that will appear on a
27 ballot in or after 2022:
28 1. The sections of this Act amending section 43.20.
29 2. The section of this Act amending section 44.1.
30 3. The section of this Act amending section 45.1.

SF 413 (2) 89
-31- ss/jh/mb 31/ 31

https://www.legis.iowa.gov/legislation/billbook/billResources?action=printOpen&bill=SF 413&status=r&ga=89 32/32