reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the secretary of state
				  for a declaratory order as to the applicability to specified circumstances of a
				  statute, rule, or order within the primary jurisdiction of the secretary at the
				  Secretary of State's Office, First Floor, State Capitol Building, Des Moines,
				  Iowa 50319, or the Secretary of State's Office, Lucas State Office Building,
				  Des Moines, Iowa 50319. A petition is deemed filed when it is received in
				  either office. The secretary of state's office shall provide the petitioner
				  with a file-stamped copy of the petition if the petitioner provides the agency
				  an extra copy for this purpose. The petition must be typewritten or legibly
				  handwritten in ink and must substantially conform to the following form:
Click here to
				  view Image
The petition must provide the following information:
1. A clear and concise statement of all
				relevant facts on which the order is requested.
2. A citation and the relevant language of
				the specific statutes, rules, policies, decisions, or orders, whose
				applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
				stated clearly and concisely.
4.
				The answers to the questions desired by the petitioner and a summary of the
				reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
				order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
				petitioner is currently a party to another proceeding involving the questions
				at issue and whether, to the petitioner's knowledge, those questions have been
				decided by, are pending determination by, or are under investigation by, any
				governmental entity.
7. The names
				and addresses of other persons, or a description of any class of persons, known
				by petitioner to be affected by, or interested in, the questions presented in
				the petition.
8. Any request by
				petitioner for a meeting provided for by 9.7(17A).
The petition must be dated and signed by the petitioner or
				  the petitioner's representative. It must also include the name, mailing
				  address, and telephone number of the petitioner and petitioner's representative
				  and a statement indicating the person to whom communications concerning the
				  petition should be directed.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				  order, the secretary of state's office shall give notice of the petition to all
				  persons not served by the petitioner pursuant to 9.6(17A) to whom notice is
				  required by any provision of law. The office may also give notice to any other
				  persons.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who qualify under any applicable
				provision of law as an intervenor and who file a petition for intervention
				within 20 days of the filing of a petition for declaratory order shall be
				allowed to intervene in a proceeding for a declaratory order.
(2) Any person who files a petition for
				intervention at any time prior to the issuance of an order may be allowed to
				intervene in a proceeding for a declaratory order at the discretion of the
				secretary or the secretary's designee.
(3) A petition for intervention shall be
				filed at the Secretary of State's Office, First Floor, State Capitol Building,
				Des Moines, Iowa 50319, or the Secretary of State's Office, Lucas State Office
				Building, Des Moines, Iowa 50319. A petition is deemed filed when it is
				received in either office. The office will provide the petitioner with a
				file-stamped copy of the petition for intervention if the petitioner provides
				an extra copy for this purpose. A petition for intervention must be typewritten
				or legibly handwritten in ink and must substantially conform to the following
				form:
Click here to
				  view Image
The petition for intervention must provide the following
				  information:
1. Facts supporting the
				intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
				question or questions presented and a summary of the reasons urged in support
				of those answers.
3. Reasons for
				requesting intervention and disclosure of the intervener's interest in the
				outcome.
4. A statement indicating
				whether the intervenor is currently a party to any proceeding involving the
				questions at issue and whether, to the intervener's knowledge, those questions
				have been decided by, are pending determination by, or are under investigation
				by, any governmental entity.
5. The
				names and addresses of any additional persons, or a description of any
				additional class of persons, known by the intervenor to be affected by, or
				interested in, the questions presented.
6. Whether the intervenor consents to be
				bound by the determination of the matters presented in the declaratory order
				proceeding.
The petition must be dated and signed by the intervenor or
				  the intervener's representative. It must also include the name, mailing
				  address, and telephone number of the intervenor and intervener's
				  representative, and a statement indicating the person to whom communications
				  should be directed.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support
				  of the position urged. The secretary of state's office may request a brief from
				  the petitioner, any intervenor, or any other person concerning the questions
				  raised.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				  proceeding may be made to the Deputy Secretary of State, Lucas State Office
				  Building, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
				petition for intervention, brief, or other paper filed in a proceeding for a
				declaratory order shall be served upon each of the parties of record to the
				proceeding, and on all other persons identified in the petition for declaratory
				order or petition for intervention as affected by or interested in the
				questions presented, simultaneously with their filing. The party filing a
				document is responsible for service on all parties and other affected or
				interested persons.
(2)
Filing-when required.
All petitions for declaratory orders,
				petitions for intervention, briefs, or other papers in a proceeding for a
				declaratory order shall be filed with the Secretary of State's Office, First
				Floor, State Capitol Building, Des Moines, Iowa 50319, or the Secretary of
				State's Office, Lucas State Office Building, Des Moines, Iowa 50319. All
				petitions, briefs, or other papers that are required to be served upon a party
				shall be filed simultaneously with the secretary.
(3)
Method of service, time of
				filing, and proof of mailing.
Service upon a party represented by an
				attorney shall be made upon the attorney unless otherwise ordered. Service is
				made by delivery or by mailing a copy to the person's last-known address.
				Service by mail is complete upon mailing, except where otherwise specifically
				provided by statute, rule, or order. Except where otherwise provided by law, a
				document is deemed filed at the time it is delivered to the secretary of
				state's office, delivered to an established courier service for immediate
				delivery to that office, or mailed by first-class mail or state interoffice
				mail to that office, so long as there is proof of mailing. Proof of mailing
				includes either a legible United States Postal Service postmark on the
				envelope, a certificate of service, a notarized affidavit, or a certification
				in substantially the following form:
I certify under penalty of perjury and pursuant to the laws
				  of Iowa that, on (date of mailing), I mailed copies of (describe document)
				  addressed to the (agency office and address) and to the names and addresses of
				  the parties listed below by depositing the same in (a United States post office
				  mailbox with correct postage properly affixed or state interoffice
				  mail).
(Date)
(Signature)
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the secretary of state's office
				  must schedule a brief and informal meeting between the original petitioner, all
				  intervenors, and the secretary or a member of the secretary's staff to discuss
				  the questions raised. The secretary of state's office may solicit comments from
				  any person on the questions raised. Also, comments on the questions raised may
				  be submitted to the secretary by any person.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within the time
				allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a
				petition for a declaratory order, the secretary or designee shall take action
				on the petition as required by 1998 Iowa Acts, chapter 1202, section
				13(5).
(2) The date of issuance of
				an order or of a refusal to issue an order means the date of mailing of the
				order or date of delivery if service is by other means unless another date is
				specified in the order.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The secretary
				shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter
				1202, section 13(1), and may refuse to issue a declaratory order on some or all
				questions raised for the following reasons:
1. The petition does not substantially comply
				with the required form.
2. The
				petition does not contain facts sufficient to demonstrate that the petitioner
				will be aggrieved or adversely affected by the failure of the secretary to
				issue an order.
3. The secretary
				does not have jurisdiction over the questions presented in the
				petition.
4. The questions
				presented by the petition are also presented in a current rule making,
				contested case, or other agency or judicial proceeding, that may definitively
				resolve them.
5. The questions
				presented by the petition would more properly be resolved in a different type
				of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the
				petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
				basis upon which to issue an order.
7. There is no need to issue an order because
				the questions raised in the petition have been settled due to a change in
				circumstances.
8. The petition is
				not based upon facts calculated to aid in the planning of future conduct but
				is, instead, based solely upon prior conduct in an effort to establish the
				effect of that conduct or to challenge an agency decision already
				made.
9. The petition requests a
				declaratory order that would necessarily determine the legal rights, duties, or
				responsibilities of other persons who have not joined in the petition,
				intervened separately, or filed a similar petition and whose position on the
				questions presented may fairly be presumed to be adverse to that of
				petitioner.
10. The petitioner
				requests the secretary to determine whether a statute is unconstitutional on
				its face.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order must
				  contain the date of its issuance, the name of petitioner and all intervenors,
				  the specific statutes, rules, policies, decisions, or orders involved, the
				  particular facts upon which it is based, and the reasons for its
				  conclusion.
A declaratory order is effective on the date of
				  issuance.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.11 - Copies of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A copy of all orders issued in response to a petition for a
				  declaratory order shall be mailed promptly to the original petitioner and all
				  intervenors.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 9 - Declaratory Orders › Rule 721-9.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as
				  a final order issued in a contested case proceeding. It is binding on the
				  secretary of state's office, the petitioner, and any intervenors who consent to
				  be bound and is applicable only in circumstances where the relevant facts and
				  the law involved are indistinguishable from those on which the order was based.
				  As to all other persons, a declaratory order serves only as precedent and is
				  not binding on the secretary. The issuance of a declaratory order constitutes
				  final agency action on the petition.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means action by the
				  agency which suspends in whole or in part the requirements or provisions of a
				  rule as applied to an identified person on the basis of the particular
				  circumstances of that person.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				  uniform process for the granting of individual waivers from rules adopted by
				  the agency in situations where no other more specifically applicable law
				  provides for waivers. To the extent another more specific provision of law
				  governs the issuance of a waiver from a particular rule, the more specific
				  provision shall supersede this chapter with respect to any waiver from that
				  rule.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The agency may only grant a waiver from a rule if the agency
				  has jurisdiction over the rule and the requested waiver is consistent with
				  applicable statutes, constitutional provisions, or other provisions of law. The
				  agency may not waive requirements created or duties imposed by
				  statute.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				  721-10.6 (17A), the agency may
				  in its sole discretion issue an order waiving in whole or in part the
				  requirements of a rule if the agency finds, based on clear and convincing
				  evidence, all of the following:
1. The
				application of the rule would impose an undue hardship on the person for whom
				the waiver is requested;
2. The
				waiver from the requirements of the rule in the specific case would not
				prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to the
				petition for a waiver are not specifically mandated by statute or another
				provision of law; and
4.
				Substantially equal protection of public health, safety, and welfare will be
				afforded by a means other than that prescribed in the particular rule for which
				the waiver is requested.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  agency as follows:
(1)
License
				or authorization application.
If the petition relates to a license or
				authorization application, the petition shall be made in accordance with the
				filing requirements for the license or authorization in question.
(2)
Contested cases.
If the
				petition relates to a pending contested case, the petition shall be filed in
				the contested case proceeding, using the caption of the contested
				case.
(3)
Other.
If the petition does not relate to a license application or a pending contested
				case, the petition shall be submitted in writing to the secretary of state's
				office.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				  where applicable and known to the requester:
1. The name, address, and telephone number of
				the entity or person for whom a waiver is being requested and the case number
				of any related contested case.
2. A
				description and citation of the specific rule from which a waiver is
				requested.
3. The specific waiver
				requested, including the precise scope and duration.
4. All relevant facts that the petitioner
				believes would justify a waiver under each of the four criteria described in
				rule 10.4(17A). This statement shall include a signed statement from the
				petitioner attesting to the accuracy of the facts provided in the petition and
				a statement of reasons that the petitioner believes will justify a
				waiver.
5. A history of any prior
				contacts between the agency and the petitioner relating to the regulated
				activity, license, or authorization affected by the proposed waiver, including
				a description of each affected license or authorization held by the requester,
				any notices of violation, contested case hearings, or investigative reports
				relating to the regulated activity or license within the last five
				years.
6. All information known to
				the requester regarding the agency's treatment of similar cases.
7. The name, address, and telephone number of
				any public agency or political subdivision which also regulates the activity in
				question or which might be affected by the granting of a waiver.
8. The name, address, and telephone number of
				any entity or person who would be adversely affected by the granting of a
				petition.
9. The name, address, and
				telephone number of any person with knowledge of the relevant facts relating to
				the proposed waiver.
10. Signed
				releases of information authorizing persons with knowledge regarding the
				request to furnish the agency with information relevant to the
				waiver.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  agency may request additional information from the petitioner relative to the
				  petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the agency may, on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  the secretary of state, or their designees, a committee of the agency, or a
				  quorum of the agency.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall acknowledge a petition upon receipt. The
				  agency shall ensure that, within 30 days of the receipt of the petition, notice
				  of the pendency of the petition and a concise summary of its contents have been
				  provided to all persons to whom notice is required by any provision of law. In
				  addition, the agency may give notice to other persons. To accomplish this
				  notice provision, the agency may require the petitioner to serve the notice on
				  all persons to whom notice is required by any provision of law and provide a
				  written statement to the agency attesting that notice has been
				  provided.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings shall apply to any petition for a waiver
				  filed within a contested case and shall otherwise apply to agency proceedings
				  for a waiver only when the agency so provides by rule or order or is required
				  to do so by statute.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				  shall contain a reference to the particular person and rule or portion thereof
				  to which the order pertains, a statement of the relevant facts and reasons upon
				  which the action is based, and a description of the precise scope and duration
				  of the waiver if one is issued.
(1)
Agency discretion.
The final decision on whether the
				circumstances justify the granting of a waiver shall be made at the sole
				discretion of the agency, upon consideration of all relevant factors. Each
				petition for a waiver shall be evaluated by the agency based on the unique,
				individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
				convincing evidence that the agency should exercise its discretion to grant a
				waiver from an agency rule.
(3)
Narrowly tailored exception. A
waiver, if granted, shall
				provide the narrowest exception possible to the provisions of a rule.
(4)
Administrative
				deadlines.
When the rule from which a waiver is sought establishes
				administrative deadlines, the agency shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons.
(5)
Conditions.
The agency may place any condition on a waiver
				that the agency finds desirable to protect the public health, safety, and
				welfare.
(6)
Time period of
				waiver. A
waiver shall not be permanent unless the petitioner can show
				that a temporary waiver would be impracticable. If a temporary waiver is
				granted, there is no automatic right to renewal. At the sole discretion of the
				agency, a waiver may be renewed if the agency finds that grounds for a waiver
				continue to exist.
(7)
Time
				for ruling.
The agency shall grant or deny a petition for a waiver as
				soon as practicable but, in any event, shall do so within 120 days of its
				receipt unless the petitioner agrees to a later date. However, if a petition is
				filed in a contested case, the agency shall grant or deny the petition no later
				than the time at which the final decision in that contested case is
				issued.
(8)
When deemed
				denied.
Failure of the agency to grant or deny a petition within the
				required time period shall be deemed a denial of that petition by the agency.
				However, the agency shall remain responsible for issuing an order denying a
				waiver.
(9)
Service of
				order.
Within seven days of its issuance, any order issued under this
				chapter shall be transmitted to the petitioner or the person to whom the order
				pertains and to any other person entitled to such notice by any provision of
				law.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. Some petitions or orders may contain
				  information the agency is authorized or required to keep confidential. The
				  agency may accordingly redact confidential information from petitions or orders
				  prior to public inspection.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.12 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the agency pursuant to this chapter may be
				  withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				  agency issues an order finding any of the following:
1. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
3. The subject of the waiver
				order has failed to comply with all conditions contained in the
				order.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.13 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this chapter who violates a condition
				  of the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 10 - Waiver Rules › Rule 721-10.14 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the agency issues an order granting a waiver, the order
				  is a defense within its terms and the specific facts indicated therein for the
				  person to whom the order pertains in any proceeding in which the rule in
				  question is sought to be invoked.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 12 - Disaster Recovery for Out-of-state Entities › Rule 721-12.2 - Notification and Insurance Verification

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days of entering the state in response to a
				  disaster in accordance with Iowa Code section
				  29C.24,
				  an entity shall file with the secretary of state the following information,
				  from the secretary of state's prescribed form for out-of-state corporations for
				  disaster recovery.
1. Name.
2. State of domicile.
3. Principal business address.
4. Federal employer identification
				number.
5. The date the entity
				entered the state.
6. Contact
				information.
7. Certificate of
				worker compensation insurance.
8.
				Certificate of liability insurance.
9. A signed statement that the out-of-state
				business is in the state for the purpose of responding to a declared state
				disaster or emergency.
Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 12 - Disaster Recovery for Out-of-state Entities › Rule 721-12.3 - Transmittal of Notification

Current through Register Vol. 47, No. 3, July 24, 2024
Once the form from rule 721-12.2 (29C) is processed, the
				  secretary of state shall transmit the information to the Iowa department of
				  revenue and the Iowa homeland security and emergency management department. The
				  secretary of state shall provide the information to other state and local
				  government agencies at their request.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 20 - Deputy Commissioners of Elections › Rule 721-20.1 - Deputy Secretary of State and Deputy County Auditor to Act

Current through Register Vol. 47, No. 3, July 24, 2024
In the absence or disability of the state commissioner of
				  elections the deputy secretary of state shall perform all of the duties of the
				  state commissioner of elections. In the absence or disability of the county
				  commissioner of elections the deputy county auditor shall perform all of the
				  duties of the county commissioner of elections.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 20 - Deputy Commissioners of Elections › Rule 721-20.2 - County Commissioner of Elections May Appoint Special Deputies

Current through Register Vol. 47, No. 3, July 24, 2024
The county commissioner of elections may appoint the city
				  clerks of the cities within the county as special deputies to assist in the
				  conduct of elections. However, the county commissioner of elections shall bear
				  full responsibility for all acts of the special deputies as they relate to
				  elections.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.2 - Electronic Submission of Absentee Ballot Applications and Affidavits of Candidacy

Current through Register Vol. 47, No. 3, July 24, 2024
Absentee ballot applications and affidavits of candidacy may
				  be submitted electronically using either fax or email.
(1)
Electronic copies of absentee
				ballot applications and affidavits of candidacy accepted for filing.
Assuming that all other legal requirements are met, absentee ballot
				applications and affidavits of candidacy required by Iowa Code chapters 43, 44,
				45, 161A, 260C, 277, 376 and 420 may be submitted electronically by either fax
				or email if presented to the appropriate filing officer as an exact copy of the
				original and if the submission is in compliance with subrule 21.2(2).
(2)
Original absentee ballot
				applications.
The original absentee ballot application submitted
				electronically shall also be mailed or delivered to the commissioner. If
				mailed, the envelope bearing the original absentee ballot application shall be
				postmarked not later than the voter registration deadline provided in Iowa Code
				section 48A.9 for the election for which the ballot is requested. This subrule
				shall not apply to documents submitted electronically by UOCAVA voters pursuant
				to rule 721-21.320 (53).
The voter's absentee ballot shall be rejected by the absentee
				  and special voters precinct board if the original absentee ballot application
				  which was filed electronically is not received by the time the polls close on
				  election day.
(3)
Original affidavits of candidacy.
The original copy of an
				affidavit of candidacy submitted electronically shall also be filed with the
				appropriate commissioner. The envelope bearing the original affidavit (if any)
				shall be postmarked not later than the last day to file the document.
a. The filing shall be void if the original
				affidavit of candidacy filed electronically is not received within seven days
				after the filing deadline for the original affidavit of candidacy.
b. The filing shall be void if the postmark
				on the envelope containing the original affidavit of candidacy is later than
				the filing deadline.
c. If an
				affidavit of candidacy filing is voided because the original affidavit of
				candidacy submitted by facsimile machine was postmarked too late or arrives too
				late, the person who filed the document shall be notified immediately in
				writing.
This rule is intended to implement Iowa Code sections 43.11,
				  43.19, 43.54, 43.67, 43.78, 44.3, 45.3, 45.4, 46.20, 47.1, 47.2, 53.2, 53.8,
				  53.17, 53.22, 53.25, 53.40, 53.45, 61.3, 161A.5, 260C.15, 277.4, 376.4, 376.11 and 420.130.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.3 - Voter Identification Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Identification documents for persons other than election day
				registrants.
a. Unless the person is
				registering to vote at the polls on election day, precinct election officials
				shall accept the identification documents listed in Iowa Code section
				48A.8
				and 2017 Iowa Acts, House File 516, section 27, from any person who is asked or
				required to present identification pursuant to Iowa Code section
				49.77.
b. Current and valid
				identification. "Current and valid" or "identification," for persons other than
				election day registrants, means identification that meets the following
				criteria:
(1) Iowa driver's licenses and
				nonoperator's identification cards used to establish identity pursuant to 2017
				Iowa Acts, House File 516, section 27, shall be accepted up to 90 days after
				the expiration date listed on the license. It is still acceptable on the
				ninetieth day. An Iowa nonoperator's identification card that does not expire
				shall be considered current and valid.
(2) Veterans and military identification
				cards that do not contain an expiration date or that do not expire and voter
				identification cards issued pursuant to 2017 Iowa Acts, House File 516, section
				18, shall be considered current and valid.
(3) For registration pursuant to Iowa Code
				section
				48A.8,
				the proof of residence must be dated, or describe terms of residency current
				to, within 45 days prior to submission.
(4) All other forms of identification used to
				establish identity pursuant to 2017 Iowa Acts, House File 516, section 27,
				shall not be expired. An identification is still valid on the expiration
				date.
c. A current and
				valid identification may include a former address, when used for identification
				purposes only.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.4 - Changes of Address at the Polls

Current through Register Vol. 47, No. 3, July 24, 2024
An Iowa voter who has moved from one precinct to another in
				  the county where the person is registered to vote may report a change of
				  address at the polls on election day.
(1) To qualify to vote in the election being
				held that day, the voter shall:
a. Go to the
				polling place for the precinct where the voter lives on election day.
b. Complete a registration form showing the
				person's current address in the precinct.
c. Present proof of residence and identity as
				required by subrules 21.3(1) through 21.3(4).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.5 - Eligibility Declarations in the Election Register

Current through Register Vol. 47, No. 3, July 24, 2024
To compensate for the absence of a separate declaration of
				  eligibility form, the commissioner shall provide to each precinct a voter
				  roster with space for each person who appears at the precinct to vote to print
				  the following information: first and last name, address, date of birth, and, at
				  the voter's option, telephone number, and, in primary elections, political
				  party affiliation.
The roster forms shall include the name and date of the
				  election and the name of the precinct, and may be provided on paper that makes
				  carbonless copies. If a multicopy form is used, the commissioner shall retain
				  the original copy of the voter roster with other records of the
				  election.
This rule is intended to implement Iowa Code section
				  49.77.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.7 - Election Day Registration

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to complying with the identification provisions
				  in rule
				  721-21.3
				  (49, 48A), precinct election officials shall comply with the following
				  requirements:
(1) Precinct election
				officials shall inspect the identification documents presented by election day
				registrants to verify the following:
a. The
				photograph shows the person who is registering to vote, and the document has
				not expired.
b. The name on the
				identification document is the same as the name of the applicant.
c. The address on the proof of residence
				document is in the precinct where the person is registering to vote and is
				current within 45 days.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.8 - Notice to Election Day Registrant

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner shall send to each person who registers to
				  vote on election day, pursuant to Iowa Code section
				  48A.7A,
				  an acknowledgment of the registration by nonforwardable mail. If the postal
				  service returns the acknowledgment as undeliverable, the commissioner shall
				  send a notice to the voter by forwardable mail. The notice shall be
				  substantially in the form titled "Notice to Election Day Registrant" posted on
				  the state commissioner's Web site.
This rule is intended to implement Iowa Code sections
				  48A.7A
				  and
				  48A.26A.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.9 - "vote Here" Signs

Current through Register Vol. 47, No. 3, July 24, 2024
1. Size. The signs
				shall be no smaller than 16 inches by 24 inches.
2. Exceptions. If a driveway leads away from
				the entrance to the voting area, or if the driveway is located in such a way
				that posting a "vote here" sign at the driveway entrance would not help
				potential voters find the voting area, no "vote here" sign shall be posted at
				the entrance to that driveway.
This rule is intended to implement Iowa Code section
				  49.21.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.10 - Application for Status as a Political Party

Current through Register Vol. 47, No. 3, July 24, 2024
A political organization which is not currently qualified as
				  a political party may file an application for determination of political party
				  status with the state commissioner of elections. The application may be filed
				  after the completion of the executive council's canvass of votes for the
				  general election, but not later than one year after the date of the election at
				  which the organization's candidate for President of the United States or
				  governor received at least 2 percent of the vote.
(1)
Application form.
The
				application shall be substantially in the form titled "Application for
				Political Party Status" posted on the state commissioner's Web site.
(2)
Response.
If the
				political organization meets the requirements established in Iowa Code section
				43.2, the commissioner shall declare that the organization has qualified as a
				political party, effective 21 days after the application is approved. If the
				organization does not meet the requirements, the state commissioner shall
				immediately notify the applicant in writing of the reason for the rejection of
				the application.
(3)
Disqualification of political party.
If at the close of
				nominations for the general election a political party has not nominated a
				candidate for the office of President of the United States, or for governor, as
				the case may be, the political party shall be disqualified immediately.
If the candidate of a political party for President of the
				  United States or for governor, as the case may be, does not receive 2 percent
				  of the votes cast for that office at a general election, the political party
				  shall be disqualified. The effective date of the disqualification shall be the
				  date of the completion of the state canvass of votes.
When a political party is disqualified, the state
				  commissioner shall immediately notify the chairperson or central committee of
				  the disqualified political party.
(4)
Notice of qualification and
				disqualification of political parties.
The state commissioner of
				elections shall immediately notify the state registrar of voters, the voter
				registration commission, and the county commissioners of elections when a
				political party is qualified or disqualified. The notice shall include the name
				of the political party and the date upon which change in political party status
				becomes effective.
The state commissioner of elections shall also publish notice
				  of the qualification or disqualification of a political party in a newspaper of
				  general circulation in each congressional district. The publication shall be
				  made within 30 days of the approval of an application for qualification or
				  within 30 days of the effective date of a disqualification.
This rule is intended to implement Iowa Code sections
				  43.2 and
				  47.1.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.11 - Statement to Provisional Voter

Current through Register Vol. 47, No. 3, July 24, 2024
Each voter who is required to vote a provisional ballot at
				  the polls on election day shall be given a statement from the precinct election
				  officials which shall be in substantially the following form:
Statement to Person Casting a Provisional Ballot
(To be completed by Precinct Official and given to
				  Voter)
Voter's Name:___________________________________
Reason for Provisional Ballot
(check all that
				  apply):
[] Voter did not have proper identification (see "What you
				  need to provide" below)
[] Absentee voter with no ballot to surrender
[] Voter was challenged by another registered voter
				  Reason:____________________________________________
What you need to provide before your ballot will
				  count:
[] Photo ID that has not expired and contains your name and
				  picture
[] One of the following that has not expired: Iowa driver's
				  license, out-of-state driver's license, non-driver ID, U.S. passport, U.S.
				  military ID, ID card issued by an employer, student ID issued by Iowa high
				  school or college
[] One of the following showing your name and current
				  address: bank statement, paycheck, utility bill, property tax statement,
				  residential lease, government check, or other government document
Deadline:_______a.m./p.m.,____________(date)
Mail or Deliver Evidence to:_________________, County
				  Auditor
County Auditor Address:___________________________
______________________________________________
If proof of ID or residence is required, your provisional
				  ballot may be counted if you bring a copy of the identification listed above to
				  this precinct before the polls close today or to the county auditor at the
				  above address by the deadline indicated above. If your ballot is not counted,
				  you will be notified by mail of the reason why it was not counted.
Your right to vote will be reviewed by the Special Precinct
				  Board. You have the right and are encouraged to make a written statement and
				  submit additional written evidence to the Board supporting your qualifications
				  as a registered voter.
____________________________ _______
Precinct Election Official's Signature Date
This rule is intended to implement Iowa Code section
				  49.81.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.12 - Absentee Ballot Receipt Deadline When the United States Post Office Is Closed on the Deadline for Receipt of Absentee Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
When the United States post office is closed in observance of
				  a federal holiday and is not delivering mail on the deadline for receipt of
				  absentee ballots as set forth in Iowa Code sections 9E.6 and 53.44, the
				  deadline to receive mailed absentee ballots that are determined to have entered
				  the federal mail system timely, as indicated by the postmark or Intelligent
				  Mail barcode (IMb) Tracing, shall move to the next business day on which mail
				  delivery is available.
This rule is intended to implement Iowa Code sections 9E.6,
				  47.1, 47.4 and 53.44.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.13 - Canvass Date Adjustment When the United States Post Office Is Closed on the Deadline for Receipt of Absentee Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				When the United States post office is closed on a Monday that is also the
				deadline for receipt of absentee ballots, the county board of canvassers may
				hold the canvass on the Tuesday or Wednesday following the election.
(2) When the United States post office is
				closed on a Thursday that is also the deadline for receipt of absentee ballots,
				the county board of canvassers shall hold the canvass on the Friday after the
				election, no earlier than 1 p.m.
This rule is intended to implement Iowa Code sections
				  47.1,
				  47.4
				  and
				  50.24.