reglab/statecodes huggingface dataset:
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.49 - Applicable to armed forces and other citizens.

53.49 Applicable to armed forces and other citizens.
The provisions of this subchapter as to absent voting shall apply only to absent voters in the armed forces of the United States as defined for the purpose of absentee voting in section 53.37. The provisions of sections 53.1 through 53.33 shall apply to all other voters not members of the armed forces of the United States.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.49]
86 Acts, ch 1224, §32; 87 Acts, ch 221, §30; 2002 Acts, ch 1071, §14; 2007 Acts, ch 59, §34, 38; 2014 Acts, ch 1026, §143; 2021 Acts, ch 147, §45, 54
Referred to in §48A.5, 53.45
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.50 - Appropriation.

53.50 Appropriation.
There is hereby appropriated to the state commissioner from the general fund of the state such sums as are necessary to pay the state commissioner’s expenses and perform the state commissioner’s functions under this subchapter. Warrants shall be drawn by the director of the department of administrative services upon certification by the state commissioner or the state commissioner’s deputy.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.50]
2003 Acts, ch 145, §286; 2014 Acts, ch 1026, §143
Referred to in §8.59, 48A.5
Appropriation limited for fiscal years beginning on or after July 1, 1993; see §8.59
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.51 - Rule of construction.

53.51 Rule of construction.
This subchapter shall be liberally construed in order to provide means and opportunity for qualified voters of the state of Iowa serving in the armed forces of the United States to vote.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.51]
94 Acts, ch 1180, §29; 2014 Acts, ch 1026, §143
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 53 - ABSENT VOTERS › Section 53.52 - Inconsistent provisions — rule.

53.52 Inconsistent provisions — rule.
The provision or provisions of this subchapter which are inconsistent with any provision or provisions of any other existing statute or any part of any such other existing statute, shall prevail. Likewise, the provision or provisions of any other existing statute or any part of any other existing statute which is not inconsistent with this subchapter, shall prevail.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.52]
2014 Acts, ch 1026, §143
Referred to in §48A.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.1 - Time of election — qualifications.

54.1 Time of election — qualifications.
At the general election in the years of the presidential election, or at such other times as the Congress of the United States may direct, there shall be elected by the voters of the state one person from each congressional district into which the state is divided, and two from the state at large, as electors of president and vice president, no one of whom shall be a person holding the office of senator or representative in Congress, or any office of trust or profit under the United States.
[C51, §301; R60, §535; C73, §659; C97, §1173; S13, §1173; C24, 27, 31, 35, 39, §963; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.1]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.2 - How elected.

54.2 How elected.
A vote for the candidates of any political party, or group of petitioners, for president and vice president of the United States, shall be conclusively deemed to be a vote for each candidate nominated in each district and in the state at large by said party, or group of petitioners, for presidential electors and shall be so counted and recorded for such electors.
[C24, 27, 31, 35, 39, §964; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.2]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.3 - Canvass.

54.3 Canvass.
The canvass of the votes for candidates for president and vice president of the United States and the returns thereof shall be a canvass and return of the votes cast for the electors of the same party or group of petitioners, respectively, and the certificate of such election made by the governor shall be in accord with such return.
[C24, 27, 31, 35, 39, §965; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.3]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.4 - Nonparty organizations.

54.4 Nonparty organizations.
The term “group of petitioners” as used in this chapter shall embrace an organization which is not a political party as defined by law.
[C24, 27, 31, 35, 39, §966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.4]
Nonparty organizations, see chapter 44
Political party defined, §43.2
See also chapter 45
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.6 - Certificate.

54.6 Certificate.
At the expiration of ten days from the completed canvass, the governor, under the governor’s hand and the seal of state, shall issue to each presidential elector declared elected a certificate of election, the same in substance as required in other cases, and shall notify the elector to attend at the seat of government on the first Monday after the second Wednesday in December next following election, reporting the elector’s attendance to the governor. If there be a contest of the election, no certificate shall issue until it is determined.
[C51, §308; R60, §542; C73, §665; C97, §1168; C24, 27, 31, 35, 39, §968; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.6]
Certificate of election, §50.41
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.7 - Meeting — certificate.

54.7 Meeting — certificate.
1. The presidential electors and alternate electors shall meet in the capitol, at the seat of government, on the first Monday after the second Wednesday in December next following their election.
2. If, at the time of such meeting, any elector for any cause is absent, the state commissioner shall appoint an individual to substitute for the elector as follows:
a. If the alternate elector is present to vote, by appointing the alternate elector for the vacant position.
b. If the alternate elector is not present to vote, by appointing an elector chosen by lot from among the other alternate electors present to vote who were nominated by the same political party or group of petitioners.
c. If the number of alternate electors present to vote is insufficient to fill a vacant position pursuant to paragraphs “a” and “b”, by appointing any immediately available citizen of the state who is qualified to serve as an elector and chosen through nomination by a plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains.
d. If there is a tie between at least two nominees to substitute as an elector in a vote conducted under paragraph “c”, by appointing an elector chosen by lot from among those nominees.
e. If all elector positions are vacant and cannot be filled through the processes set forth in paragraphs “a”, “b”, “c”, and “d”, by appointing a single presidential elector with remaining vacant positions filled pursuant to the method set forth in paragraph “c” and, if necessary, paragraph “d”.
3. To qualify to substitute for an elector under subsection 2, an individual who has not executed the pledge required for elector nominees and alternate elector nominees under section 54.5 shall execute the following pledge:
I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual whose elector position I have succeeded.
[C51, §308 – 310; R60, §542 – 544; C73, §665 – 667; C97, §1174; C24, 27, 31, 35, 39, §969; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.7]
2020 Acts, ch 1098, §7
Referred to in §54.8
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.8 - Elector voting — certificate of governor.

54.8 Elector voting — certificate of governor.
1. At the time designated for elector voting and after all vacant positions have been filled under section 54.7, the state commissioner shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector’s presidential and vice presidential ballots with the elector’s votes for the offices of president and vice president, respectively, along with the elector’s signature and the elector’s legibly printed name.
2. Except as otherwise provided by law of this state outside of this chapter, each elector shall present both completed ballots to the state commissioner who shall examine the ballots and accept and cast all ballots of electors whose votes are consistent with their pledges executed under section 54.5 or 54.7. Except as otherwise provided by law of this state outside of this chapter, the state commissioner shall not accept and shall not count an elector’s presidential and vice presidential ballots if the elector has not marked both ballots or has marked a ballot in violation of the elector’s pledge.
3. An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge executed under section 54.5 or 54.7 vacates the office of elector. The state commissioner shall declare the creation of the vacancy and fill the vacancy pursuant to section 54.7.
4. The state commissioner shall distribute ballots to and collect ballots from a substitute elector and repeat the process set forth in this section for examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors until all of the state’s electoral votes have been cast and recorded.
5. The governor shall duly certify the results, under the seal of the state, to the United States secretary of state, and as required by Act of Congress related to such elections.
[C51, §311; R60, §545; C73, §668; C97, §1175; C24, 27, 31, 35, 39, §970; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.8]
2020 Acts, ch 1098, §8; 2021 Acts, ch 80, §26
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.8A - Elector replacement — associated certificates.

54.8A Elector replacement — associated certificates.
1. After the vote of this state’s electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. §6, the state commissioner shall immediately prepare an amended certificate of ascertainment and transmit the amended certificate to the governor for the governor’s signature.
2. The governor shall immediately deliver the signed amended certificate of ascertainment to the state commissioner and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state’s certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
3. The state commissioner shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The state commissioner shall process and transmit the signed certificate with the amended certificate of ascertainment under 3 U.S.C. §9 – 11.
2020 Acts, ch 1098, §9
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 54 - PRESIDENTIAL ELECTORS › Section 54.9 - Compensation.

54.9 Compensation.
The electors shall each receive a compensation of one-half of the federal general services administration’s per diem rate for the relevant date and location for every day’s attendance, and the same mileage as members of the general assembly which shall be paid from funds not otherwise appropriated from the general fund of the state.
[C51, §312; R60, §546; C73, §669; C97, §1176; C24, 27, 31, 35, 39, §971; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.9]
2021 Acts, ch 147, §46, 54
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 55 - LEAVE OF ABSENCE FOR CANDIDACY AND PUBLIC SERVICE › Section 55.1 - Leave of absence for service in elective office.

55.1 Leave of absence for service in elective office.
1. A person who is elected to a municipal, county, state, or federal office shall, upon written application to the employer of that person, be granted a leave of absence from regular employment to serve in that office except where prohibited by the federal law. The leave of absence may be granted without pay, except that if a salaried employee takes leave without pay from regular employment for a portion of a pay period, the employee’s salaried compensation for that pay period shall be reduced by the ratio of the number of days of leave taken to the total number of days in the pay period. The leave of absence shall be granted without loss of net credited service and benefits earned. This section shall not be construed to require an employer to pay pension, health, or other benefits during the leave of absence to an employee taking a leave of absence under this section.
2. A leave of absence for a person regularly employed pursuant to chapter 8A, subchapter IV, is subject to section 8A.416.
3. An employee shall not be prohibited from returning to regular employment before the period expires for which the leave of absence was granted. This section applies only to employers which employ twenty or more full-time persons. The leave of absence granted by this section does not apply to an elective office held by the employee prior to the election.
4. Temporary substitute teachers and teachers hired on a temporary basis to replace teachers who have been granted leaves of absence pursuant to this section are not subject to the provisions of chapter 279 relating to the termination of continuing contracts.
84 Acts, ch 1233, §1; 2003 Acts, ch 145, §153; 2008 Acts, ch 1171, §58, 59
Multiple elective offices, see §39.11, 39.12, 441.17(1)
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 55 - LEAVE OF ABSENCE FOR CANDIDACY AND PUBLIC SERVICE › Section 55.2 - Leave of absence for volunteer emergency service.

55.2 Leave of absence for volunteer emergency service.
All officers and employees of the state, other than employees employed temporarily for six months or less or those employees considered essential personnel, who are volunteer fire fighters or emergency medical service personnel shall be entitled to a leave of absence from such civil employment for the period of an emergency response without loss of status or efficiency rating, and without loss of pay during such leave of absence. Such leave of absence shall in no way affect the employee’s rights to action, sick leave, bonus, or other employment benefits relating to the employee’s particular employment.
2000 Acts, ch 1117, §3
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 55 - LEAVE OF ABSENCE FOR CANDIDACY AND PUBLIC SERVICE › Section 55.3 - Service on boards, commissions, task forces, and committees.

55.3 Service on boards, commissions, task forces, and committees.
1. For the purpose of this section, “state board” includes any board, commission, committee, council, or task force of the state government created by the Constitution of the State of Iowa, or by statute, resolution of the general assembly, motion of the legislative council, executive order of the governor, or supreme court order, but does not include any such state board, commission, committee, council, or task force for which an annual salary is provided for its members.
2. A person who is appointed to serve on a state board, upon written application to the person’s employer, shall be granted leaves of absence from regular employment to attend the meetings of the state board, except if leaves of absence are prohibited by federal law. The leaves of absence may be granted without pay and shall be granted without loss of net credited service and benefits earned. This section does not apply if the employer employs less than twenty full-time employees.
86 Acts, ch 1245, §2061; 2006 Acts, ch 1010, §39; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 55 - LEAVE OF ABSENCE FOR CANDIDACY AND PUBLIC SERVICE › Section 55.4 - Leave of absence for public employee candidacy.

55.4 Leave of absence for public employee candidacy.
1. Any public employee who becomes a candidate for any elective public office shall, upon request of the employee and commencing any time within thirty days prior to a contested primary, special, or general election and continuing until after the day following that election, automatically be given a period of leave. If the employee is under chapter 8A, subchapter IV, the employee may choose to use accrued vacation leave, accrued compensatory leave, or leave without pay to cover these periods. The appointing authority may authorize other employees to use accrued vacation leave or accrued compensatory leave instead of leave without pay to cover these periods. An employee who is a candidate for any elective public office shall not campaign while on duty as an employee.
2. This section does not apply to employees of the federal government or to a public employee whose position is financed by federal funds if the application of this section would be contrary to federal law or result in the loss of the federal funds.
86 Acts, ch 1021, §2; 2003 Acts, ch 145, §154; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 55 - LEAVE OF ABSENCE FOR CANDIDACY AND PUBLIC SERVICE › Section 55.5 - Penalties.

55.5 Penalties.
A person violating this chapter is guilty of a simple misdemeanor. Each day in which the violation continues is a separate offense.
84 Acts, ch 1233, §2
C85, §55.2
C87, §55.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.1 - Standing to bring contest — grounds for contest.

57.1 Standing to bring contest — grounds for contest.
1. Elections may be contested under this chapter as follows:
a. The election of any person to any county office, to a seat in either branch of the general assembly, to a state office, to the office of senator or representative in Congress, or to the office of presidential elector may be contested by any eligible person who received votes for the office in question.
b. The outcome of the election on a public measure may be contested by petition of the greater of 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. Grounds for contesting an election under this chapter are:
a. Misconduct, fraud or corruption on the part of any election official or of any board of canvassers of sufficient magnitude to change the result of the election.
b. That the incumbent was not eligible to the office in question at the time of election.
c. That prior to the election the incumbent had been duly convicted of a felony, as defined in section 701.7, and that the judgment had not been reversed, annulled, or set aside, nor the incumbent pardoned or restored to the rights of citizenship by the governor under chapter 914, at the time of the election.
d. That the incumbent has given or offered to any elector, or any precinct election official or canvasser of the election, any bribe or reward in money, property, or thing of value, for the purpose of procuring the incumbent’s election.
e. That illegal votes have been received or legal votes rejected at the polls, sufficient to change the result of the election.
f. Any error in any board of canvassers in counting the votes, or in declaring the result of the election, if the error would affect the result.
g. That the public measure or office was not authorized or required by state law to appear on the ballot at the election being contested.
h. Any other cause or allegation which, if sustained, would show that a person other than the incumbent was the person duly elected to the office in question, or would show the outcome of the election on the public measure in question was contrary to the result declared by the board of canvassers.
[C51, §339, 341, 368, 380, 387; R60, §569, 571, 598, 610, 617; C73, §692, 718, 730, 737; C97, §1198; C24, 27, 31, 35, 39, §981; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.1; 81 Acts, ch 34, §39]
86 Acts, ch 1112, §3; 2002 Acts, ch 1134, §72, 115
Referred to in §62.5, 388.2A
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.2 - Certificate withheld.

57.2 Certificate withheld.
If notice of a contest of the election of an officer is filed before the certificate of election is delivered to the incumbent, or notice of a contest of the declared result of an election on a public measure is filed before a duplicate of the abstract of votes upon the measure and of the county board’s declaration is certified pursuant to section 50.27, the certificate or duplicate abstract and declaration shall be withheld until the determination of the contest. If the certificate of election or duplicate abstract and declaration have been issued, the commissioner shall send the persons or political subdivisions affected by the notice of contest a statement advising them that the election is being contested and that the certificate or duplicate abstract and declaration are not valid until the election contest is resolved.
[C51, §367; R60, §597; C73, §713; C97, §1219; C24, 27, 31, 35, 39, §982; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.2]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.3 - Terms defined.

57.3 Terms defined.
The term “incumbent” in this chapter means the person whom the canvassers declare elected. The term “election” in this chapter means the voting for a particular office, or the voting for or against a particular public measure, including the notice and other preparations for voting required by law and the tallying and canvass of the votes cast, section 39.2 notwithstanding.
[C51, §340; R60, §570; C73, §693; C97, §1199; C24, 27, 31, 35, 39, §983; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.3]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.4 - Change of result.

57.4 Change of result.
When the misconduct, fraud, or corruption complained of is on the part of the precinct election officials in a precinct, it shall not be held sufficient to set aside the election, unless the rejection of the vote of that precinct would change the result as to that office.
[C51, §342; R60, §572; C73, §694; C97, §1200; C24, 27, 31, 35, 39, §984; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.4]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.5 - Recanvass in case of contest.

57.5 Recanvass in case of contest.
The parties to any contested election shall have the right, in open session of the court or tribunal trying the contest, and in the presence of the officer having them in custody, to have the ballots opened, and all errors of the precinct election officials in counting or refusing to count ballots corrected by such court or tribunal.
[C97, §1143; S13, §1143; C24, 27, 31, 35, 39, §985; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.5]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.6 - Other contests.

57.6 Other contests.
All the provisions of chapter 62 relating to contested elections of county officers shall be applicable, as near as may be, to contested elections for other offices, and for public measures except as herein otherwise provided, and in all cases process and papers may be issued to and served in the manner provided by the rules of civil procedure for service of an original notice by the sheriff of any county.
[C51, §379, 396; R60, §609, 626; C73, §729, 745; C97, §1250; C24, 27, 31, 35, 39, §986; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §57.6; 81 Acts, ch 34, §40]
2015 Acts, ch 29, §10
Referred to in §331.653
Service of original notice,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 57 - CONTESTING ELECTIONS — GENERAL PROVISIONS › Section 57.7 - Contest court for contest of public measure.

57.7 Contest court for contest of public measure.
The court for the trial of a contested election on a public measure shall consist of one person designated by the petitioners who are contesting the election, who shall be designated in writing by the petitioners at the time the contest is filed, one person designated by the county commissioner of elections to represent the interests adverse to those of the petitioners, and a third person who shall be chosen jointly by the designees of the petitioners and of the commissioner. If the persons selected by the petitioners and the county commissioner of elections cannot agree on a third person, the chief judge of the judicial district in which the contest is filed shall appoint a third person to serve.
[C77, 79, 81, §57.7]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.1 - Notice — grounds.

58.1 Notice — grounds.
The contestant for the office of governor shall, within thirty days after the proclamation of the result of the election, deliver to the presiding officer of each house of the general assembly a notice of intent to contest, and a specification of the grounds of such contest, as provided in chapter 62.
[C51, §388; R60, §618; C73, §738; C97, §1239; C24, 27, 31, 35, 39, §987; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.1]
2007 Acts, ch 59, §17, 19
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.2 - Notice to incumbent.

58.2 Notice to incumbent.
As soon as the presiding officers have received the notice and specifications, they shall make out a notice, directed to the incumbent, including a copy of the specifications, which shall be served in the manner provided by the rules of civil procedure for service of an original notice by the sergeant at arms.
[C51, §389; R60, §619; C73, §739; C97, §1240; C24, 27, 31, 35, 39, §988; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.2; 81 Acts, ch 34, §41]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.3 - Houses notified.

58.3 Houses notified.
The presiding officers shall also immediately make known to their respective houses that such notice and specifications have been received.
[C51, §390; R60, §620; C73, §740; C97, §1241; C24, 27, 31, 35, 39, §989; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.3]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.4 - Contest court.

58.4 Contest court.
Each house shall forthwith proceed, separately, to choose seven members of its own body in the following manner:
1. The names of members of each house, except the presiding officer, written on similar paper tickets, shall be placed in a box, the names of the senators in their presence by their secretary, and the names of the representatives in their presence by their clerk.
2. The secretary of the senate in the presence of the senate, and the clerk of the house of representatives in the presence of the house, shall draw from their respective boxes the names of seven members each.
3. As soon as the names are thus drawn, the names of the members drawn by each house shall be communicated to the other, and entered on the journal of each house.
[C51, §391; R60, §621; C73, §741; C97, §1242; C24, 27, 31, 35, 39, §990; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.4]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.5 - Powers and proceedings.

58.5 Powers and proceedings.
The members thus drawn shall constitute a committee to try and determine the contested election, and for that purpose shall hold their meetings publicly at the place where the general assembly is sitting, at such times as they may designate; and may adjourn from day to day or to a day certain, not more than four days distant, until such trial is determined; shall have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to the contestant and the incumbent; and shall report their judgment to both branches of the general assembly, which report shall be entered on the journals of both houses.
[C51, §392; R60, §622; C73, §742; C97, §1243; C24, 27, 31, 35, 39, §991; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.5]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.6 - Testimony.

58.6 Testimony.
The testimony shall be confined to the matters contained in the specifications.
[C51, §393; R60, §623; C73, §743; C97, §1244; C24, 27, 31, 35, 39, §992; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.6]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 58 - CONTESTING ELECTIONS OF GOVERNOR AND LIEUTENANT GOVERNOR › Section 58.7 - Judgment.

58.7 Judgment.
The judgment of the committee pronounced in the final decision on the election shall be conclusive.
[C51, §394; R60, §624; C73, §744; C97, §1245; C24, 27, 31, 35, 39, §993; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §58.7]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.1 - Statement served.

59.1 Statement served.
1. The contestant for a seat in either branch of the general assembly shall, prior to twenty days before the first day of the next session, serve on the incumbent in the manner provided by the rules of civil procedure for service of an original notice a statement of notice of contest which shall allege a fact or facts believed true by the contestant which, if true, would alter the outcome of the election.
2. A copy of the statement of notice of contest shall be filed with the secretary of state within five days of service of the notice upon the incumbent. The secretary of state shall notify the presiding officer of the house in which the contest will be tried.
3. A special election for a seat in either house of the general assembly may be contested. The contestant shall serve notice on the incumbent in the manner described in this section not later than twenty days after the state canvass of votes for the election. A copy of the notice shall also be filed with the presiding officer of the house in which the contest is to be tried, if the general assembly is in session. If the general assembly is not in session, a copy of the notice shall be filed with the secretary of state. The secretary of state shall notify the presiding officer of the house in which the contest will be tried.
[C51, §381; R60, §611; C73, §731; C97, §1233; C24, 27, 31, 35, 39, §994; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.1; 81 Acts, ch 34, §42]
93 Acts, ch 143, §37; 97 Acts, ch 170, §75; 2017 Acts, ch 54, §76; 2018 Acts, ch 1041, §14
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.2 - Subpoenas.

59.2 Subpoenas.
Any judge or clerk of a court of record may issue subpoenas in the above cases, as in those provided in chapters 61 and 62, and compel the attendance of witnesses thereunder.
[C51, §382; R60, §612; C73, §732; C97, §1234; C24, 27, 31, 35, 39, §995; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.2]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.3 - Depositions.

59.3 Depositions.
Depositions may be taken in such cases in the same manner and under the same rules as in an action at law in the district court, but no cause for taking the depositions need be shown.
[C51, §383; R60, §613; C73, §733; C97, §1235; C24, 27, 31, 35, 39, §996; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.3]
2018 Acts, ch 1041, §15
Depositions in general,
R.C.P. 1.701 et seq.
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.4 - Return of depositions.

59.4 Return of depositions.
A copy of the statement, and of the notice for taking depositions, with the service endorsed, and verified by affidavit if not served by an officer, shall be returned to the officer taking the depositions, and then, with the depositions, shall be sealed up and transmitted to the secretary of state, with an endorsement thereon showing the nature of the papers, the names of the contesting parties, and the branch of the general assembly before whom the contest is to be tried.
[C51, §384; R60, §614; C73, §734; C97, §1236; C24, 27, 31, 35, 39, §997; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.4]
Referred to in §59.5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.5 - Statement and depositions — notice.

59.5 Statement and depositions — notice.
The secretary shall deliver the unopened papers described in section 59.4 to the presiding officer of the house in which the contest is to be tried, on or before the second day of the session, regular or special, of the general assembly next after taking the depositions. The presiding officer shall immediately give notice to that officer’s house that such papers are in the officer’s possession.
[C51, §385; R60, §615; C73, §735; C97, §1237; C24, 27, 31, 35, 39, §998; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.5]
2019 Acts, ch 59, §26
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 59 - CONTESTING ELECTIONS FOR SEATS IN THE GENERAL ASSEMBLY › Section 59.6 - Power of general assembly.

59.6 Power of general assembly.
Nothing contained in this chapter shall be construed to abridge the right of either branch of the general assembly to grant commissions to take depositions, or to send for and examine any witness it may desire to hear on such trial.
[C51, §386; R60, §616; C73, §736; C97, §1238; C24, 27, 31, 35, 39, §999; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §59.6]
2018 Acts, ch 1026, §24
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.1 - Court of contest.

60.1 Court of contest.
The court for the trial of contested elections for presidential electors or for the office of senator or representative in Congress shall consist of the chief justice of the supreme court, who shall be presiding judge of the court, and four judges of the district court to be selected by the supreme court, two of whom, with the chief justice, shall constitute a quorum for the transaction of the business of the court. If the chief justice should for any cause be unable to attend at the trial, the judge longest on the supreme court bench shall preside in place of the chief justice; and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question.
[C97, §1246; C24, 27, 31, 35, 39, §1000; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.1]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.2 - Clerk.

60.2 Clerk.
The secretary of state shall be the clerk of the court, or, in the secretary of state’s absence or inability to act, the clerk of the supreme court.
[C97, §1246; C24, 27, 31, 35, 39, §1001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.2]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.3 - Oath.

60.3 Oath.
Each member of the court, before entering upon the discharge of the member’s duties, shall take an oath before the secretary of state, or some officer qualified to administer oaths, that the member will support the Constitution of the United States and that of the state of Iowa, and that, without fear, favor, affection, or hope of reward, the member will, to the best of the member’s knowledge and ability, administer justice according to law and the facts in the case.
[C97, §1246; C24, 27, 31, 35, 39, §1002; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.3]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.4 - Statement.

60.4 Statement.
The contestant shall file the statement provided for in chapter 62 in the office of the secretary of state within two days from the day on which the returns are canvassed by the state board of canvassers and, within the same time, serve a copy of the same, with a notice of the contest, on the incumbent in the manner provided by the rules of civil procedure for service of an original notice.
[C97, §1247; C24, 27, 31, 35, 39, §1003; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.4; 81 Acts, ch 34, §43]
2002 Acts, ch 1134, §73, 115
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.5 - Organization and trial.

60.5 Organization and trial.
The clerk of the court shall, immediately after the filing of the statement, notify the judges herein named, and fix a day for the organization of the court within two days thereafter, and also notify the parties to the contest. The judges shall meet on the day fixed, and organize the court, and make and announce such rules for the trial of the case as they shall think necessary for the protection of the rights of each party and a just and speedy trial of the case, and commence the trial of the case as early as practicable thereafter, and so arrange for and conduct the trial that a final determination of the same and judgment shall be rendered at least six days before the first Monday after the second Wednesday in December next following.
[C97, §1248; C24, 27, 31, 35, 39, §1004; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.5]
2002 Acts, ch 1134, §74, 115
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.6 - Judgment.

60.6 Judgment.
The judgment of the court shall determine which of the parties to the action is entitled to hold the office and shall be authenticated by the presiding judge and clerk of the court and filed with the secretary of state; and the judgment so rendered shall constitute a final determination of the title to the office, and a certificate of appointment shall be issued to the successful party.
[C97, §1249; C24, 27, 31, 35, 39, §1005; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §60.6]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 60 - CONTESTING ELECTIONS OF PRESIDENTIAL ELECTORS AND CONGRESSPERSONS › Section 60.7 - Contestant to file bond.

60.7 Contestant to file bond.
The contestant shall file in the office of the clerk of the supreme court a bond, with security to be approved by the clerk of the supreme court, in such amount as shall be set by the presiding judge of the court, conditional to pay all costs in case the election be confirmed or the contest dismissed. The presiding judge shall further set the date upon which the required bond shall be filed. If the required bond is not filed by the date set, the contest shall stand dismissed by operation of law.
[C71, 73, 75, 77, 79, 81, §60.7]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.1 - Contest court.

61.1 Contest court.
The court for the trial of contested state offices, except that of governor and lieutenant governor, shall consist of three district judges, not interested, who shall be selected by the chief justice of the supreme court.
[C51, §369; R60, §599; C73, §719; C97, §1224; C24, 27, 31, 35, 39, §1006; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.1]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.2 - Clerk.

61.2 Clerk.
The secretary of state shall be the clerk of this court; but if the person holding that office is a party to the contest, the clerk of the supreme court, or, in case of that person’s absence or inability, the auditor of state shall be clerk.
[C51, §370; R60, §600; C73, §720; C97, §1225; C24, 27, 31, 35, 39, §1007; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.2]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.3 - Statement filed.

61.3 Statement filed.
The statement, as provided in chapter 62 must be filed with such clerk within thirty days from the day when incumbent was declared elected.
[C51, §371; R60, §601; C73, §721; C97, §1226; C24, 27, 31, 35, 39, §1008; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.3]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.4 - Selection of court.

61.4 Selection of court.
Upon the filing of such statement, the chief justice of the supreme court shall select the membership of the court to try such contest, and immediately certify such selection to the clerk of the supreme court. Vacancies shall also be filled by the chief justice.
[C24, 27, 31, 35, 39, §1009; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.4]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.5 - Notice of selection.

61.5 Notice of selection.
The clerk of the supreme court, on receipt of such certificate, shall forthwith in writing notify the members of such court of contest of their selection.
[C51, §372; R60, §602; C73, §722; C97, §1227; C24, 27, 31, 35, 39, §1010; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.5]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.6 - Organization.

61.6 Organization.
The members so selected for said contest court shall meet at the seat of government within ten days after said notification and qualify by taking the oath required in case of contest over the office of presidential elector, and proceed, at said place, with the discharge of their duties.
[C51, §375; R60, §605; C73, §725; C97, §1229; C24, 27, 31, 35, 39, §1011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.6]
Oath, §60.3
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.8 - Delivery of papers.

61.8 Delivery of papers.
Upon the organization of said court of contest, all papers in the possession of the clerk of the supreme court shall be forthwith delivered to said court of contest.
[C24, 27, 31, 35, 39, §1013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.8]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.9 - Time of trial.

61.9 Time of trial.
The time for the trial of any contest relative to a state office shall not be set beyond the last Monday in January following the election.
[C51, §372; R60, §602; C73, §722; C97, §1227; C24, 27, 31, 35, 39, §1014; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.9]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.10 - Notice to incumbent — trial.

61.10 Notice to incumbent — trial.
Upon the organization of said court of contest, the court shall cause a notice of said contest to be served on the incumbent, together with a copy of the statement of contest filed by the contestant in the manner provided by the rules of civil procedure for service of an original notice. No trial shall be held sooner than twenty days following said notice, except by consent of all parties.
[C51, §372; R60, §602; C73, §722; C97, §1227; C24, 27, 31, 35, 39, §1015; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.10; 81 Acts, ch 34, §44]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.11 - Subpoenas — depositions.

61.11 Subpoenas — depositions.
The secretary of state, the several clerks of the supreme and district courts, under their respective seals of office, and either of the judges of the supreme or district courts, under their hands, may issue subpoenas for witnesses to attend this court; and disobedience to such process may be treated as a contempt. Depositions may also be taken as in the case of contested county elections.
[C51, §373; R60, §603; C73, §723; C97, §1228; C24, 27, 31, 35, 39, §1016; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.11]
Contempts, chapter 665
Depositions in county contest, §62.16
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.12 - Judgment filed — execution.

61.12 Judgment filed — execution.
A transcript of the judgment rendered by such court, filed in the office of the clerk of the supreme court, shall have the force and effect of a judgment of the supreme court, and execution may issue therefrom in the first instance against the party’s property generally.
[C51, §377; R60, §607; C73, §727; C97, §1231; C24, 27, 31, 35, 39, §1017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.12]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.13 - Power of judge.

61.13 Power of judge.
The presiding judge of this court shall have authority to carry into effect any order of the court, after the adjournment thereof, by attachment or otherwise.
[C51, §378; R60, §608; C73, §728; C97, §1232; C24, 27, 31, 35, 39, §1018; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.13]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 61 - CONTESTING ELECTIONS OF STATE OFFICERS › Section 61.14 - Compensation of judges.

61.14 Compensation of judges.
The judges shall be entitled to receive for their travel and attendance the sum of twelve dollars each per day, with such mileage as is allowed to members of the general assembly, to be paid from the state treasury.
[C51, §376; R60, §606; C73, §726; C97, §1230; C24, 27, 31, 35, 39, §1019; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61.14]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 62 - CONTESTING ELECTIONS OF COUNTY OFFICERS › Section 62.1 - Definitions.

62.1 Definitions.
As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2000 Acts, ch 1148, §1