reglab/statecodes huggingface dataset:
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.17 - Return of election register.

50.17 Return of election register.
The precinct election register prepared for each election, together with the ballots to be returned pursuant to section 50.12, if any, and the signed and attested tally list, shall be delivered to the commissioner by one of the precinct election officials by noon of the day following the election.
[C51, §268; R60, §333, 503, 1131; C73, §503, 629; C97, §1145; C24, 27, 31, 35, 39, §856; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.17]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.19 - Preservation and destruction of books.

50.19 Preservation and destruction of books.
1. The commissioner may destroy precinct election registers, the declarations of eligibility signed by voters, and other material pertaining to any election in which federal offices are not on the ballot, except the tally lists and abstracts of votes which have not been electronically recorded, six months after the election if a contest is not pending. If a contest is pending, all election materials shall be preserved until final determination of the contest. Before destroying the election registers and declarations of eligibility, the commissioner shall prepare records as necessary to permit compliance with chapter 48A, subchapter V. Nomination papers for primary election candidates for state and county offices shall be destroyed ten days before the general election, if a contest is not pending.
2. Material pertaining to elections for federal offices, including ballots, precinct election registers, declarations of eligibility signed by voters, documents relating to absentee ballots, and challenges of voters, shall be preserved for twenty-two months after the election. If a contest is not pending the materials may be destroyed at the end of the retention period.
[C51, §268; R60, §333, 503, 1131; C73, §503, 629; C97, §1145; C24, 27, 31, 35, 39, §858; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.19]
89 Acts, ch 136, §46; 94 Acts, ch 1169, §52; 98 Acts, ch 1119, §29; 2010 Acts, ch 1033, §24
Referred to in §43.61, 50.12, 53.30, 53.40, 53.41
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.20 - Notice of number of provisional ballots.

50.20 Notice of number of provisional ballots.
The commissioner shall compile a list of the number of provisional ballots cast under section 49.81 in each precinct. The list shall be made available to the public as soon as possible, but in no case later than 9:00 a.m. on the second day following the election. Any elector may examine the list during normal office hours, and may also examine the affidavits on the envelopes containing the ballots of challenged electors until the reconvening of the special precinct board as required by this chapter. Only those persons so permitted by section 53.23, subsection 4, shall have access to the affidavits while that board is in session. Any elector may present written statements or documents, supporting or opposing the counting of any provisional ballot, at the commissioner’s office until the reconvening of the special precinct board.
[C77, 79, 81, §50.20]
87 Acts, ch 221, §22; 2004 Acts, ch 1083, §22, 37; 2005 Acts, ch 19, §21; 2013 Acts, ch 30, §15; 2014 Acts, ch 1101, §14, 32
Referred to in §43.46, 53.17
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.21 - Special precinct board reconvened.

50.21 Special precinct board reconvened.
1. The commissioner shall reconvene the election board of the special precinct established by section 53.20 not earlier than noon on the second day following each election which is required by law to be canvassed on the Monday or Tuesday following the election. If the second day following such an election is a legal holiday the special precinct election board may be convened at noon on the day following the election, and if the canvass of the election is scheduled at any time earlier than the Monday following the election, the special precinct election board shall be reconvened at noon on the day following the election.
2. If no provisional ballots were cast in the county pursuant to section 49.81 at any election, the special precinct election board need not be so reconvened. If the number of provisional ballots cast at any election is not sufficient to require reconvening of the entire election board of the special precinct, the commissioner may reconvene only the number of members required. If the number of provisional ballots cast at any election exceeds the number of absentee ballots cast, the size of the special precinct election board may be increased at the commissioner’s discretion. The commissioner shall observe the requirements of sections 49.12 and 49.13 in making adjustments to the size of the special precinct election board.
[C77, 79, 81, §50.21; 81 Acts, ch 34, §35]
87 Acts, ch 221, §23; 90 Acts, ch 1238, §25; 2004 Acts, ch 1083, §23, 37
Referred to in §43.46
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.22 - Special precinct board to determine challenges and canvass absentee ballots.

50.22 Special precinct board to determine challenges and canvass absentee ballots.
1. Upon being reconvened, the special precinct election board shall review the information upon the envelopes bearing the provisional ballots, and all evidence submitted in support of or opposition to the right of each challenged person to vote in the election. The board may divide itself into panels of not less than three members each in order to hear and determine two or more challenges simultaneously, but each panel shall meet the requirements of section 49.12 as regards political party affiliation of the members of each panel.
2. The decision to count or reject each ballot shall be made upon the basis of the information given on the envelope containing the provisional ballot, the evidence concerning the challenge, the registration and the returned receipts of registration.
3. If a provisional ballot is rejected, the person casting the ballot shall be notified by the commissioner within ten days of the reason for the rejection, on the form prescribed by the state commissioner pursuant to section 53.25, and the envelope containing the provisional ballot shall be preserved unopened and disposed of in the same manner as spoiled ballots. The provisional ballots which are accepted shall be counted in the manner prescribed by section 53.23, subsection 5. The commissioner shall make public the number of provisional ballots rejected and not counted, at the time of the canvass of the election.
4. The special precinct board shall also canvass any absentee ballots which were received after the polls closed in accordance with section 53.17. If necessary, they shall reconvene again on the day of the canvass by the board of supervisors to canvass any absentee ballots which were timely received. The special precinct board shall submit their tally list to the supervisors before the conclusion of the canvass by the board.
[C77, 79, 81, §50.22]
87 Acts, ch 221, §24; 88 Acts, ch 1119, §20; 89 Acts, ch 136, §47, 48; 94 Acts, ch 1169, §53; 2005 Acts, ch 19, §22; 2009 Acts, ch 57, §39; 2017 Acts, ch 54, §76
Referred to in §43.46, 53.31
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.23 - Messengers for missing tally lists.

50.23 Messengers for missing tally lists.
The commissioner shall send messengers for all tally lists not received in the commissioner’s office by noon of the day following the election. The expense of securing such tally lists shall be paid by the county.
[C51, §270; R60, §505; C73, §634; C97, §1148; C24, 27, 31, 35, 39, §862; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.23]
Messenger travel expenses, §50.47
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.25 - Abstract of votes in the general election.

50.25 Abstract of votes in the general election.
1. At the canvass of the general election, the abstract of the votes for each of the following classes shall be made on a different sheet:
a. President and vice president of the United States.
b. Senator in the Congress of the United States.
c. Representative in the Congress of the United States.
d. Governor and lieutenant governor.
e. A state officer not otherwise provided for.
f. Senator or representative in the general assembly by districts.
2. The abstract of the votes for each county office is not required to be made on a different sheet.
[C51, §272, 304, 305; R60, §507, 538, 539; C73, §636, 662; C97, §1150; S13, §1150; C24, 27, 31, 35, 39, §864; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.25]
2007 Acts, ch 59, §14, 15, 19
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.26 - Duplicate abstracts.

50.26 Duplicate abstracts.
All abstracts of votes cast in the general election, except the abstracts of votes for county officers, shall be made in duplicate, and signed by the board of county canvassers. One of said abstracts shall be forwarded to the state commissioner, and the other filed by the commissioner.
[C51, §272, 304, 305; R60, §507, 538, 539; C73, §637, 662; C97, §1151; S13, §1151; C24, 27, 31, 35, 39, §865; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.26]
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.27 - Declaration of election.

50.27 Declaration of election.
Each abstract of the votes for such officers as the county alone elects at the general election, except district judges and senators and representatives in the general assembly, or of the votes for officers of political subdivisions whose elections are conducted by the commissioner, shall contain a declaration of whom the canvassers determine to be elected. Each abstract of votes for and against each public question submitted to and decided by the voters of the county alone, or of a single political subdivision whose elections the county board canvasses, shall contain a declaration of the result as determined by the canvassers. When a public question has been submitted to the voters of a political subdivision whose elections the county board canvasses, the commissioner shall certify a duplicate of the abstract and declaration to the governing body of the political subdivision.
[C51, §275; R60, §509; C73, §639; C97, §1152; C24, 27, 31, 35, 39, §866; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.27]
Referred to in §57.2, 260C.15, 277.20, 331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.28 - Tally lists filed.

50.28 Tally lists filed.
When the canvass is concluded, the board shall deliver the original tally lists to the commissioner, who shall file the same, and record each of the abstracts above mentioned in the election book.
[C51, §276; R60, §335, 510; C73, §640; C97, §1154; C24, 27, 31, 35, 39, §867; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.28]
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.29 - Certificate of election.

50.29 Certificate of election.
1. When any person is thus declared elected, there shall be delivered to that person a certificate of election, under the official seal of the county, in substance as follows:
STATE OF IOWA )
................................ County. )
At an election held in said county on the ............ day of .................... (month), ............ (year), ........................ (candidate’s name) was elected to the office of ........................ for the term of ............ years from the ............ day of .................... (month), ............ (year) [if elected to fill a vacancy, for the residue of the term ending on the ............ day of .................... (month), ............ (year)], and until a successor is elected and qualified.
....................................................,
President of Board of Canvassers.
Witness, ....................................................,
County Commissioner of Elections
(clerk).
2. The certificate of election is presumptive evidence of the person’s election and qualification.
[C51, §277; R60, §511, 514; C73, §641; C97, §1155; C24, 27, 31, 35, 39, §868; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.29]
87 Acts, ch 115, §9; 2000 Acts, ch 1058, §9; 2008 Acts, ch 1032, §201; 2009 Acts, ch 41, §26
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.30 - Abstracts forwarded to state commissioner.

50.30 Abstracts forwarded to state commissioner.
1. The commissioner shall, within thirteen days after the election, forward to the state commissioner one of the duplicate abstracts of votes for each of the following offices:
a. President and vice president of the United States.
b. Senator in Congress.
c. Representative in Congress.
d. Governor and lieutenant governor.
e. Senator or representative in the general assembly by districts.
f. A state officer not otherwise specified above.
2. The abstracts for all offices except governor and lieutenant governor shall be enclosed in a securely sealed envelope.
[C51, §283, 284, 305; R60, §517, 518, 539; C73, §645, 662; C97, §1157; S13, §1157; C24, 27, 31, 35, 39, §869; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.30]
91 Acts, ch 129, §15; 2008 Acts, ch 1032, §201; 2009 Acts, ch 57, §41
Referred to in §50.48
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.30A - Election canvass summary forwarded to state commissioner.

50.30A Election canvass summary forwarded to state commissioner.
The commissioner shall, within thirteen days after each primary election, general election, and special election conducted pursuant to section 69.14, forward to the state commissioner a true and exact copy of the election canvass summary report certified by the county board of canvassers.
2009 Acts, ch 57, §42; 2010 Acts, ch 1033, §27
Referred to in §49.128
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.31 - Abstracts for governor and lieutenant governor.

50.31 Abstracts for governor and lieutenant governor.
1. The envelope containing the abstracts of votes for governor and lieutenant governor shall be endorsed substantially as follows:
Abstract of votes for governor and lieutenant governor from ................ county.
2. After being so endorsed, the envelope shall be addressed as follows:
To the Speaker of the House of Representatives.
[C51, §283; R60, §517; C73, §645; C97, §1157; S13, §1157; C24, 27, 31, 35, 39, §870; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.31]
2019 Acts, ch 24, §10
Referred to in §50.32
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.32 - Endorsement on other envelope.

50.32 Endorsement on other envelope.
The envelope for offices other than governor and lieutenant governor shall be endorsed substantially in the manner provided in section 50.31, with changes necessary to indicate the particular offices, and shall be addressed as follows:
To the State Commissioner of Elections.
[C51, §283, 305; R60, §517, 539; C73, §645, 662; C97, §1157; S13, §1157; C24, 27, 31, 35, 39, §871; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.32]
91 Acts, ch 129, §16; 2019 Acts, ch 24, §11
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.33 - Forwarding of envelopes.

50.33 Forwarding of envelopes.
The envelopes, including the one addressed to the speaker, after being prepared, sealed, and endorsed as required by this chapter, shall be placed in one package and forwarded to the state commissioner.
[C51, §284, 305; R60, §518, 539; C73, §645, 662; C97, §1157; S13, §1157; C24, 27, 31, 35, 39, §872; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.33]
93 Acts, ch 143, §23
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.34 - Missing abstracts.

50.34 Missing abstracts.
If the abstracts from any county are not received at the office of the state commissioner within fifteen days after the day of election, the state commissioner shall send a messenger to the commissioner of such county, who shall furnish the messenger with them, or, if they have been sent, with a copy thereof, and the messenger shall return them to the state commissioner without delay.
[C51, §285; R60, §519; C73, §649; C97, §1158; C24, 27, 31, 35, 39, §873; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.34]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.35 - Delivery of abstracts.

50.35 Delivery of abstracts.
The envelopes containing the abstracts of votes for governor and lieutenant governor shall not be opened by the state commissioner, but the state commissioner shall securely preserve the same and deliver them to the speaker of the house of representatives at the time said abstracts are canvassed as provided by law.
[C24, 27, 31, 35, 39, §874; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.35]
Canvass by general assembly, §2.27 et seq.; also Iowa Constitution, Art. IV, §3
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.36 - Envelopes containing other abstracts — canvass.

50.36 Envelopes containing other abstracts — canvass.
1. The secretary of state, upon receipt of the envelopes containing the abstracts of votes, shall open and canvass the abstracts for all offices except governor and lieutenant governor.
2. The secretary of state shall invite to attend the canvass one representative from each political party which, at the last preceding general election, cast for its candidate for president of the United States or for governor, as the case may be, at least two percent of the total vote cast for all candidates for that office at that election, as determined by the secretary of state. The secretary of state shall notify the chairperson of each political party of the time of the canvass. However, the presence of a representative from a political party is not necessary for the canvass to proceed.
[C51, §286; R60, §520; C73, §650; C97, §1159; C24, 27, 31, 35, 39, §875; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.36]
95 Acts, ch 189, §11
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.37 - State canvassing board.

50.37 State canvassing board.
The executive council shall constitute a board of canvassers of all abstracts of votes required to be filed with the state commissioner, except for the offices of governor and lieutenant governor. Any clerical error found by the secretary of state or state board of canvassers shall be corrected by the county commissioner in a letter addressed to the state board of canvassers.
[C51, §287; R60, §521; C73, §647, 651; C97, §1160, 1162; S13, §1162; C24, 27, 31, 35, 39, §876; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.37]
95 Acts, ch 189, §12
Additional provisions, §49A.8
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.38 - Time of state canvass.

50.38 Time of state canvass.
Not later than twenty-seven days after the day of the election, the secretary of state shall present to the board of state canvassers abstracts of votes cast at the election showing the number of ballots cast for each office and a summary of the results for each office, showing the votes cast in each county. The state board of canvassers shall review the results compiled by the secretary of state and, if the results are accurately tabulated, the state board shall approve the canvass.
[C51, §288, 306; R60, §522, 540; C73, §647, 652, 663; C97, §1161, 1162; S13, §1162; C24, 27, 31, 35, 39, §877; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.38]
95 Acts, ch 189, §13
Referred to in §50.48
Canvass under special election, §50.46
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.39 - Abstract.

50.39 Abstract.
The state board of canvassers shall make an abstract stating the number of ballots cast for each office, the names of all the persons voted for, for what office, the number of votes each received, and whom the state board of canvassers declares to be elected, and if a public question has been submitted to the voters of the state, the number of ballots cast for and against the question and a declaration of the result as determined by the canvassers; which abstract shall be signed by the canvassers in their official capacity and as state canvassers, and have the seal of the state affixed.
[C51, §289, 306; R60, §523, 540; C73, §653, 663; C97, §1163; C24, 27, 31, 35, 39, §878; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.39]
2009 Acts, ch 57, §43; 2011 Acts, ch 34, §15
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.40 - Record of canvass.

50.40 Record of canvass.
The state commissioner shall file the abstracts when received and shall have the same bound in book form to be kept by the state commissioner as a record of the result of said state election, to be known as the state election book.
[C51, §290; R60, §524; C73, §654; C97, §1164; S13, §1164; C24, 27, 31, 35, 39, §879; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.40]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.41 - Certificate of election.

50.41 Certificate of election.
1. Each person declared elected by the state board of canvassers shall receive a certificate, signed by the governor or, in the governor’s absence, by the secretary of state, with the seal of state affixed, attested by the other canvassers, to be in substance as follows:
STATE OF IOWA:
To ................................ (candidate’s name): It is hereby certified that, at an election held on the ................ day of ........................ you were elected to the office of ........................ of Iowa, for the term of ............ years, from the ................ day of ........................ (or if to fill a vacancy, for the residue of the term, ending on the ................ day of ........................).
Given at the seat of government this ................ day of ........................
2. If the governor is absent, the certificate of the election of the secretary of state shall be signed by the auditor. The certificate to members of the legislature shall describe, by the number, the district from which the member is elected.
[C51, §288, 306; R60, §522, 540; C73, §652, 657, 663; C97, §1165; C24, 27, 31, 35, 39, §880; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.41]
87 Acts, ch 115, §10; 2000 Acts, ch 1058, §10
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.42 - Certificates mailed.

50.42 Certificates mailed.
The state commissioner shall prepare and deliver or mail certificates of election to the persons declared elected.
[C51, §292, 294; R60, §526, 528; C73, §648, 656, 658; C97, §1167; C24, 27, 31, 35, 39, §881; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.42]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.43 - Senator or representative.

50.43 Senator or representative.
The certificate of the election of a senator or representative in Congress shall be signed by the governor, with the seal of the state affixed, and be countersigned by the secretary of state.
[C51, §294; R60, §528; C73, §658; C97, §1166; C24, 27, 31, 35, 39, §882; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.43]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.44 - Tie vote.

50.44 Tie vote.
If more than the requisite number of persons, including presidential electors, are found to have an equal and the highest number of votes, the election of one of them shall be determined by lot. The name of each of such candidates shall be written on separate pieces of paper, as nearly uniform in size and material as possible, and placed in a receptacle so that the names cannot be seen. In the presence of the board of canvassers, one of them shall publicly draw one of such names, and such person shall be declared elected. The result of such drawing shall be entered upon the abstract of votes and duly recorded, and a certificate of election issued to such person, as provided in this chapter.
[C51, §281, 282, 307, 316; R60, §515, 516, 541, 547; C73, §632, 643, 644, 664; C97, §1169, 2754; S13, §2754; C24, §883, 4204; C27, §883, 4204, 4211-b8; C31, 35, §883, 4216-c21; C39, §883, 4216.21; C46, 50, 54, 58, 62, 66, 71, 73, §50.44, 277.21; C75, 77, 79, 81, §50.44]
Referred to in §62.18, 331.383, 376.11
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.45 - Canvass public — result determined.

50.45 Canvass public — result determined.
All canvasses of tally lists shall be public, and the persons having the greatest number of votes shall be declared elected. When a public measure has been submitted to the electors, the proposition shall be declared to have been adopted if the vote cast in favor of the question is greater than fifty percent of the total vote cast in favor and against the question, unless laws pertaining specifically to the public measure election establish a higher percentage of a favorable vote. All ballots cast and not counted as a vote in favor or against the proposition shall not be used in computing the total vote cast in favor and against the proposition.
[C51, §262, 273, 307; R60, §497, 508, 541; C73, §623, 638, 664; C97, §1170; C24, 27, 31, 35, 39, §884; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.45]
88 Acts, ch 1119, §21
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.46 - Special elections — canvass and certificate.

50.46 Special elections — canvass and certificate.
When a special election has been held to fill a vacancy, pursuant to section 69.14, the board of county canvassers shall meet no earlier than 1:00 p.m. on the second day after the election, and canvass the votes cast at the election. If the second day after the election is a public holiday, section 4.1, subsection 34, controls. The commissioner, as soon as the canvass is completed, shall transmit to the state commissioner an abstract of the votes so canvassed, and the state board, within five days after receiving such abstracts, shall canvass the tally lists. A certificate of election shall be issued by the county or state board of canvassers, as in other cases. All the provisions regulating elections, obtaining tally lists, and canvass of votes at general elections, except as to time, shall apply to special elections.
[R60, §673; C73, §791-793; C97, §1171; C24, 27, 31, 35, 39, §885; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.46]
90 Acts, ch 1238, §27; 2010 Acts, ch 1033, §28
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.47 - Messengers for election tally lists.

50.47 Messengers for election tally lists.
Messengers sent for the tally lists of elections shall be paid from the state or county treasury for necessary travel expense.
[C51, §295; R60, §529; C73, §3827; C97, §1172; C24, 27, 31, 35, 39, §886; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.47]
Referred to in §43.47, 331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.49 - Recounts for public measures.

50.49 Recounts for public measures.
1. A recount for any public measure shall be ordered by the board of canvassers if a petition requesting a recount is filed with the county commissioner not later than three days after the completion of the canvass of votes for the election at which the question appeared on the ballot. The petition shall be signed by the greater of not less than ten eligible electors or a number of eligible electors equaling one percent of the total number of votes cast upon the public measure. Each petitioner must be a person who was entitled to vote on the public measure in question or would have been so entitled if registered to vote.
2. The recount shall be conducted by a board which shall consist of:
a. A designee named in the petition requesting the recount.
b. A designee named by the commissioner at or before the time the board is required to convene.
c. A person chosen jointly by the members designated under paragraphs “a” and “b”.
3. The commissioner shall convene the persons designated under subsection 2, paragraphs “a” and “b”, not later than 9:00 a.m. on the seventh day following the canvass of the election in question. If those two members cannot agree on the third member by 8:00 a.m. on the ninth day following the canvass, they shall immediately notify the chief judge of the judicial district in which the canvass is occurring, who shall appoint the third member not later than 5:00 p.m. on the eleventh day following the canvass.
4. The petitioners requesting the recount shall post a bond as required by section 50.48, subsection 2. The amount of the bond shall be one thousand dollars for a public measure appearing on the ballot statewide or one hundred dollars for any other public measure. If the difference between the affirmative and negative votes cast on the public measure is less than the greater of fifty votes or one percent of the total number of votes cast for and against the question, a bond is not required. If approval by sixty percent of the votes cast is required for adoption of the public measure, no bond is required if the difference between sixty percent of the total votes cast for and against the question and the number of affirmative votes cast is less than the greater of fifty votes or one percent of the total number of votes cast.
5. The procedure for the recount shall follow the provisions of section 50.48, subsections 4 through 7, as far as possible.
95 Acts, ch 189, §14; 2002 Acts, ch 1134, §48, 115; 2008 Acts, ch 1032, §154; 2008 Acts, ch 1115, §103
Referred to in §50.12
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.50 - Administrative recounts.

50.50 Administrative recounts.
1. The commissioner who was responsible for conducting an election may request an administrative recount when the commissioner suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct. An administrative recount shall be conducted by the board of the special precinct established by section 53.23. Bond shall not be required for an administrative recount. The state commissioner may adopt rules for administrative recounts.
2. If the recount board finds that there is an error in the programming of any voting equipment which may have affected the outcome of the election for any office or public measure on the ballot, the recount board shall describe the errors in its report to the commissioner. The commissioner shall notify the board of supervisors. The supervisors shall determine whether to order an administrative recount for any or all of the offices and public measures on the ballot.
97 Acts, ch 170, §59; 2002 Acts, ch 1134, §49, 115
Referred to in §50.12, 50.51
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 50 - CANVASS OF VOTES › Section 50.51 - Election audits.

50.51 Election audits.
1. After each general election, the state commissioner shall, with the cooperation of the county commissioners, conduct an audit of the official canvass of votes from the preceding general election.
2. The state commissioner shall determine the number of counties and precincts to be audited and shall select the precincts to be audited by lot. The absentee ballot and special voters precinct for each county, established pursuant to section 53.20, shall be included with all other precincts of the county for selection by lot. In every precinct selected, the commissioner shall conduct a hand count of ballots cast in the preceding general election for president of the United States or governor, as the case may be. The hand count may be of less than all ballots cast, in accordance with rules adopted by the state commissioner.
a. A representative selected by each of the two political parties whose candidates received the highest number of votes statewide in the preceding general election shall be invited to observe the hand count. The commissioner shall notify the county chairperson of each political party a minimum of two days before the hand count of the time and place of the hand count.
b. If an invited representative does not appear at the hand count, the commissioner shall notify the state commissioner.
3. a. The commissioner may order an administrative recount pursuant to section 50.50 if the commissioner determines the results of an audit require an administrative recount.
b. If selected to conduct an audit, the commissioner shall provide an audit report to the county board of supervisors and shall transmit the audit report to the state commissioner no later than twenty days following the election.
4. The results of an audit conducted pursuant to this section shall not change the results, or invalidate the certification, of an election.
5. In advance of all other elections, the state commissioner shall order an audit of the election in the manner provided in this section.
6. The state commissioner shall adopt rules, pursuant to chapter 17A, to implement this section, which may include the establishment of pilot programs related to post-election audits.
2017 Acts, ch 110, §43; 2018 Acts, ch 1149, §8, 12; 2019 Acts, ch 148, §29, 33; 2021 Acts, ch 147, §38, 54
Referred to in §49.128, 50.12
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.1 - Voting systems — definitions.

52.1 Voting systems — definitions.
1. At all elections conducted under chapter 49, and at any other election unless the commissioner directs otherwise pursuant to section 49.26, votes shall be cast, registered, recorded, and counted by means of optical scan voting systems, in accordance with this chapter.
2. As used in this chapter, unless the context otherwise requires:
a. “Automatic tabulating equipment” means apparatus, including but not limited to electronic data processing machines, that are utilized to ascertain the manner in which optical scan ballots have been marked by voters or by electronic ballot marking devices, and count the votes marked on the ballots.
b. “Ballot” includes paper ballots designed to be read by automatic tabulating equipment. In appropriate contexts, “ballot” also includes conventional paper ballots.
c. “Ballot marking device” means a pen, pencil, or similar writing tool, or an electronic device, all designed for use in marking an optical scan ballot, and so designed or fabricated that the mark it leaves may be detected and the vote so cast counted by automatic tabulating equipment.
d. “Optical scan ballot” means a printed ballot designed to be marked by a voter with a ballot marking device.
e. “Optical scan voting system” means a system employing paper ballots under which votes are cast by voters by marking paper ballots with a ballot marking device and thereafter counted by use of automatic tabulating equipment.
f. “Program” means the written record of the set of instructions defining the operations to be performed by a computer in examining, counting, tabulating, and printing votes.
[S13, §1137-a7; C24, 27, 31, 35, 39, §904; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.1]
86 Acts, ch 1224, §17, 18; 2002 Acts, ch 1134, §50, 51, 115; 2004 Acts, ch 1083, §24, 37; 2007 Acts, ch 190, §4, 5; 2009 Acts, ch 57, §46, 47
Referred to in §49.99
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.2 - Optical scan voting system required.

52.2 Optical scan voting system required.
Notwithstanding any provision to the contrary, for elections held on or after November 4, 2008, a county shall use an optical scan voting system only. The requirements of the federal Help America Vote Act, Pub. L. No. 107-252, 116 Stat. 1666, relating to disabled voters shall be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system.
[S13, §1137-a8; C24, 27, 31, 35, 39, §905; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.2]
2004 Acts, ch 1083, §25, 37; 2007 Acts, ch 190, §6; 2008 Acts, ch 1176, §3, 10; 2011 Acts, ch 34, §16; 2020 Acts, ch 1062, §19
Referred to in §47.10, 331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.3 - Terms of purchase — tax levy.

52.3 Terms of purchase — tax levy.
The county board of supervisors, on the adoption and purchase of an optical scan voting system, may issue bonds under section 331.441, subsection 2, paragraph “b”, subparagraph (1).
[S13, §1137-a14; C24, 27, 31, 35, 39, §906; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §52.3; 81 Acts, ch 117, §1009]
83 Acts, ch 123, §46, 209; 2007 Acts, ch 190, §27; 2009 Acts, ch 57, §48
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.4 - Examiners — term — removal.

52.4 Examiners — term — removal.
1. The state commissioner of elections shall appoint three members to a board of examiners for voting systems, not more than two of whom shall be from the same political party. The examiners shall hold office for staggered terms of six years, subject to removal at the pleasure of the state commissioner of elections.
2. At least one of the examiners shall have been trained in computer programming and operations, or cybersecurity. The other two members shall be directly involved in the administration of elections and shall have experience in the use of optical scan voting systems.
[S13, §1137-a9; C24, 27, 31, 35, 39, §907; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.4]
94 Acts, ch 1180, §20; 2007 Acts, ch 190, §28; 2009 Acts, ch 57, §49; 2018 Acts, ch 1149, §9, 12
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.6 - Compensation.

52.6 Compensation.
1. Each examiner is entitled to one hundred fifty dollars for compensation and expenses in making an examination and report under section 52.5, to be paid by the person or corporation applying for the examination. However, each examiner shall receive not to exceed fifteen hundred dollars and reasonable expenses in any one year; and all sums collected for such examinations over and above said maximum salaries and expenses shall be turned in to the state treasury.
2. An examiner shall not have any interest whatever in any optical scan voting system reported upon.
[S13, §1137-a10; C24, 27, 31, 35, 39, §909; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.6]
2009 Acts, ch 57, §51
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.19 - Instructions.

52.19 Instructions.
In case any elector after entering the voting booth shall ask for further instructions concerning the manner of voting, two precinct election officials of opposite political parties shall give such instructions to the elector; but no precinct election official or other election officer or person assisting an elector shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket, or for any particular candidate, or for or against any particular amendment, question, or proposition. After receiving such instructions, the elector shall vote as in the case of an unassisted voter.
[S13, §1137-a22; C24, 27, 31, 35, 39, §921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.19]
2009 Acts, ch 57, §53
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.23 - Written statements of election.

52.23 Written statements of election.
After the total vote for each candidate has been ascertained, and before leaving the room or voting place, the precinct election officials shall make and sign the tally list required in section 50.16. One copy of the printed results from each tabulating device shall be signed by all precinct election officials present and shall be attached to the tally list from the precinct. The printed results attached to the tally list shall reflect all votes cast in the precinct, including overvotes and undervotes, for each candidate and public measure on the ballot.
[S13, §1137-a26; C24, 27, 31, 35, 39, §925; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.23]
86 Acts, ch 1224, §23; 93 Acts, ch 143, §26; 2007 Acts, ch 190, §31; 2009 Acts, ch 57, §54
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.24 - Separate ballots.

52.24 Separate ballots.
Nothing in this chapter shall be construed as prohibiting the use of a separate ballot for public measures.
[S13, §1137-a27; C24, 27, 31, 35, 39, §926; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §52.24]
2009 Acts, ch 57, §55
Single ballot, exceptions; see also §49.30, 49.43
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.25 - Summary of amendment or public measure.

52.25 Summary of amendment or public measure.
1. The question of a constitutional convention, amendments, and public measures including bond issues may be voted on ballots in the following manner:
a. The entire convention question, amendment, or public measure shall be printed and displayed prominently in at least one place within the voting precinct, and inside each voting booth, the printing to be in conformity with the provisions of chapter 49.
b. The question, amendment, or measure, and summaries thereof, shall be printed on the ballots. In no case shall the font size be less than ten point type.
2. The public measure shall be summarized by the commissioner, except that:
a. In the case of the question of a constitutional convention, or of an amendment or measure to be voted on in the entire state, the summary shall be worded by the state commissioner of elections as required by section 49.44.
b. In the case of a public question to be voted on in a political subdivision lying in more than one county, the summary shall be worded by the controlling commissioner under section 47.2 for that election.
[C62, 66, 71, 73, 75, 77, 79, 81, §52.25]
88 Acts, ch 1119, §25; 2002 Acts, ch 1134, §52, 115; 2007 Acts, ch 59, §16, 19; 2007 Acts, ch 190, §32; 2008 Acts, ch 1032, §201; 2009 Acts, ch 57, §56; 2009 Acts, ch 133, §15; 2017 Acts, ch 155, §30, 44
Referred to in §49.43, 364.2
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.26 - Authorized optical scan voting system.

52.26 Authorized optical scan voting system.
1. Every optical scan voting system approved by the state board of examiners for voting systems shall:
a. Provide for voting in secrecy, except as to persons entitled by sections 49.90 and 49.91 to assistance. The state board of examiners for voting systems shall determine whether the systems’ voting booths provide for voting in secrecy.
b. Permit each voter to vote at any election for any candidate for each office and upon each public question with respect to which the voter is entitled by law to vote, while preventing the voter from voting more than once upon any public question or casting more votes for any office than there are persons to be elected to that office.
c. Permit a voter to vote for any person for any office on the ballot at that election, whether or not the person’s name is printed on the ballot.
d. Be so constructed or designed that, when voting in a primary election in which candidates are nominated by political parties, a voter is limited to the candidates for the nominations of the political party with which that voter is affiliated.
e. Be so constructed or designed that in presidential elections the voter casts a vote for the presidential electors of any party or political organization by a single mark made opposite the name of the candidates of that party or organization for the offices of both president and vice president of the United States, and so that the voter is also provided the opportunity to write in the name of any person for whom the voter desires to vote for president or vice president of the United States.
f. Be so constructed or designed as to permit voting for candidates for nomination or election of at least seven different political parties or organizations, and to permit voting for all of the candidates of any one political party or organization by a single mark, at any one election.
2. A punch card voting system shall not be approved for use.
[C77, 79, 81, §52.26]
90 Acts, ch 1007, §2; 2002 Acts, ch 1134, §53, 115; 2007 Acts, ch 190, §33, 34
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.27 - Commissioner to provide optical scan voting equipment.

52.27 Commissioner to provide optical scan voting equipment.
The commissioner having jurisdiction of any precinct for which the board of supervisors has adopted voting by means of an optical scan voting system shall, as soon as practicable thereafter, provide for use at each election held in the precinct optical scan ballots and ballot marking devices in appropriate numbers. The commissioner shall have custody of all equipment required for use of the optical scan voting system, and shall be responsible for maintaining it in good condition and for storing it between elections.
[C77, 79, 81, §52.27]
2002 Acts, ch 1134, §54, 115; 2007 Acts, ch 190, §35; 2009 Acts, ch 57, §57
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.28 - Optical scan voting system ballot forms.

52.28 Optical scan voting system ballot forms.
The commissioner of each county in which the use of an optical scan voting system in one or more precincts has been authorized shall print text on optical scan ballots using black ink on white paper and shall determine the arrangement of candidates’ names and public questions upon the ballot or ballots used with the system. The ballot information shall be arranged as required by chapters 43 and 49, and by any relevant provisions of any statutes which specify the form of ballots for special elections, so far as possible within the constraints of the physical characteristics of the optical scan voting system in use in that county. The state commissioner may adopt rules requiring a reasonable degree of uniformity among counties in arrangement of optical scan voting system ballots.
[C77, 79, 81, §52.28]
2002 Acts, ch 1134, §55, 56, 115; 2007 Acts, ch 190, §36; 2009 Acts, ch 57, §58; 2016 Acts, ch 1121, §4
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 52 - VOTING SYSTEMS › Section 52.29 - Optical scan voting system sample ballots.

52.29 Optical scan voting system sample ballots.
The commissioner shall provide for each precinct where an optical scan voting system is in use at least one sample optical scan ballot which shall be an exact copy of the official ballots as printed for that precinct. The sample ballot shall be posted prominently within the polling place, and shall be open to public inspection during the hours the polls are open on election day. If the ballot used on election day has offices or questions appearing on the back of the ballot, both sides of the sample ballot shall be displayed.
[C77, 79, 81, §52.29]
2002 Acts, ch 1134, §57, 115; 2007 Acts, ch 190, §37; 2009 Acts, ch 57, §59
Referred to in §49.49