reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.404 - Special Elections to Fill Vacancies in Elective City Offices for Cities Without Primary Election Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to cities that have adopted by ordinance
				  one of the following options: nominations under Iowa Code chapter 44 or chapter
				  45, or a runoff election requirement if no candidate in t he special election
				  receives a majority of the votes cast.
(1)
Notice to the
				commissioner.
At least 32 days before the proposed date of the special
				election, the city council shall give written notice to the commissioner who
				will be responsible for conducting the special election. If the commissioner
				finds no conflict with other previously scheduled elections, or with other
				limitations on the dates of special elections, the commissioner shall
				immediately notify the council that the date has been approved.
(2)
Special elections to fill
				vacancies held in conjunction with the general election.
If the
				proposed date of the special election coincides with the date of the general
				election, the council shall give notice of the proposed date of the special
				city election not later than 76 days before the date of the general election.
				Candidates shall file nomination papers with the county commissioner not later
				than 5 p.m. on the sixty-ninth day before the general election. Objection and
				withdrawal deadlines shall be 64 days before the general election. Hearings on
				objections shall be held as soon as possible in order to facilitate printing of
				the general election ballot.
(3)
Election calendar.
If the special election date is not the
				same as the date of the general election, the election calendar shall be
				adjusted as follows:
a. The deadline for
				candidates to file nomination papers with the county commissioner shall be not
				later than 5 p.m. on the twenty-fifth day before the election.
b. A candidate who has filed nomination
				papers for the special election may withdraw by filing a written notice of
				withdrawal in the office of the county commissioner not later than 5 p.m. on
				the twenty-second day before the election.
c. A person who would have the right to vote
				for the office in question may file a written obj ection to the legal
				sufficiency of a candidate's nomination papers or to the qualifications of the
				candidate for this special election with the county commissioner not later than
				12 noon on the twenty-second day before the election.
d. The hearing on the objection must be held
				within 24 hours of receipt of the objection.
This rule is intended to implement Iowa Code section
				  372.13(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.405 - Special Elections to Fill a Vacancy in the Office of Representative in Congress

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes the special election calendar in the
				  event a vacancy occurs in the office of representative in Congress that must be
				  filled by special election pursuant to Iowa Code section
				  69.14.
(1)
Notice of election.
The
				governor shall provide not less than 76 days' notice of a special election to
				fill a vacancy in the office of representative in Congress.
(2)
Political party convention
				deadline.
A political party candidate to be voted on at a special
				election to fill a vacancy in the office of representative in Congress shall be
				nominated by a convention duly called by the district central committee not
				less than 62 days prior to the date set for the special election.
(3)
Candidate filing
				deadline.
Nominations made pursuant to Iowa Code chapter 43, 44 or 45
				shall be filed in the office of the state commissioner not later than 5 p.m. on
				the sixty-second day prior to the date set for the special election.
(4)
Candidate certification
				deadline.
Names of candidates nominated for the special election shall
				be certified at the earliest practicable time to the appropriate commissioners
				of election as required by Iowa Code section 43.88.
(5)
Candidate objection
				deadline.
Written objections to the legal sufficiency of nomination
				petition filed pursuant to Iowa Code chapter 45 or a certificate of nomination
				filed pursuant to Iowa Code chapter 43 or 44 shall be in writing and shall be
				filed with the state commissioner no later than 5 p.m. on the sixtieth day
				prior to the election.
(6)
Candidate withdrawal deadline.
A person who has filed
				nomination papers with the state commissioner as a candidate for a special
				election to fill a vacancy in the office of representative in Congress may
				withdraw by filing a written notice of withdrawal with the state commissioner
				no later than 5 p.m. on the sixtieth day prior to the election.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.500 - Signature Requirements for School Director Candidates

Current through Register Vol. 47, No. 3, July 24, 2024
The number of signatures required to be filed by candidates
				  for the office of director in the regular school election shall be calculated
				  from the number of registered voters in the district on May 1 of the year in
				  which the election will be held. If May 1 falls on a day when the
				  commissioner's office is closed for business, the commissioner shall use the
				  number of registered voters in the district on the next day that the
				  commissioner's office is open for business to determine the number of required
				  signatures. Candidates who are seeking election in districts with election
				  plans as specified in Iowa Code section
				  275.12(2)
"b "
and
"c,
				  "
where the candidate must reside in a specific director district, but
				  is voted upon by all of the electors of the school district, shall be required
				  to file a number of signatures calculated from the number of registered voters
				  in the whole school district. Candidates who will be voted upon only by the
				  electors of a director district shall be required to file a number of
				  signatures calculated from the number of registered voters in the director
				  district in which the candidate resides and seeks to represent.
If a special election is to be held to fill a vacancy on the
				  school board, the number of registered voters on the date the commissioner
				  receives notice of the special election shall be used to calculate the number
				  of signatures required for the special election.
This rule is intended to implement Iowa Code sections
				  277.4
				  and
				  279.7.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.601 - Plan Iii Supervisor District Candidate Signatures After a Change in the Number of Supervisors or Method of Election

Current through Register Vol. 47, No. 3, July 24, 2024
After the number of supervisors has been increased or
				  decreased pursuant to Iowa Code section
				  331.203
				  or
				  331.204
				  or the method of electing supervisors has been changed from plan I or plan II
				  to plan III since the last general election, the signatures for candidates at
				  the next primary and general elections shall be calculated as follows:
(1)
Primary election.
Divide
				the total number of party votes cast in the county at the previous general
				election for the office of president or for governor, as applicable, by the
				number of supervisor districts and multiply the quotient by.02. If the result
				of the calculation is less than 100, the result shall be the minimum number of
				signatures required. If the result of the calculation is greater than or equal
				to 100, the minimum requirement shall be 100 signatures.
(2)
Nominations by petition.
If the effective date of the change in the number of districts or method of
				election was later than the date specified in Iowa Code section 45.1(6), divide
				the total number of registered voters in the county on the date specified in
				Iowa Code section
				45.1(6)
				by the number of supervisor districts and multiply the quotient by.01. If the
				result of the calculation is less than 150, the result shall be the minimum
				number of signatures required. If the result of the calculation is greater than
				or equal to 150, the minimum requirement shall be 150 signatures.
This rule is intended to implement Iowa Code chapters 43 and
				  45.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.800 - Local Sales and Services Tax Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Petitions requesting imposition, rate change, use change, or repeal of local
				sales and services taxes shall be filed with the county board of supervisors.
a. Each person signing the petition shall
				include the person's address (including street number, if any) and the date
				that the person signed the petition.
b. Within 30 days after receipt of the
				petition, the supervisors shall provide written notice to the county
				commissioner of elections directing that an election be held to present to the
				voters of the entire county the question of imposition, rate change, use
				change, or repeal of a local sales and services tax. In the notice the
				supervisors shall include the date of the election.
c. The election shall be held on the first
				possible special election date for counties set forth in Iowa Code section
				39.2,
				subsection 4, paragraph
"a, "
but no sooner than 84 days after
				the date upon which notice is given to the commissioner.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.802 - Local Vehicle Tax Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Petitions
				requesting imposition of local vehicle taxes shall be filed with the county
				board of supervisors.
a. Each person signing
				the petition shall add the person's address (including street number, if any)
				and the date that the person signed the petition.
b. Within 30 days after receipt of the
				petition, the supervisors shall provide written notice to the county
				commissioner of elections directing that an election be held to present to the
				voters of the entire county the question of imposition of a local vehicle tax.
				In the notice the supervisors shall include the date of the election.
c. The election shall be held on the first
				possible special election date for counties set forth in Iowa Code section
				39.2,
				subsection 4, paragraph
"c, "
but no sooner than 84 days after
				the date upon which notice is given to the commissioner.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.820 - Gambling Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Petitions
				requesting elections to approve or disapprove the conduct of gambling games on
				an excursion gambling boat or at a gambling structure shall be filed with the
				county board of supervisors and shall be substantially in the form posted on
				the state commissioner's Web site titled "Petition Requesting Special
				Election."
a. Within 10 days after receipt of
				a valid petition, the supervisors shall provide written notice to the county
				commissioner of elections directing the commissioner to submit to the qualified
				electors of the county a proposition to approve or disapprove the conduct of
				gambling games on an excursion gambling boat or at a gambling structure in the
				county. The election shall be held on the next possible special election date
				pursuant to Iowa Code section 39.2, subsection 4, paragraph
"a,
				"
but no fewer than 46 days from the date notice is given to the
				county commissioner.
b. If a
				regularly scheduled or special election is to be held in the county on the date
				selected by the supervisors, notice shall be given to the commissioner no later
				than the last day upon which nomination papers may be filed for that election.
				If the excursion gambling boat or the gambling structure election is to be held
				with a local option tax election, the supervisors shall provide the
				commissioner at least 60 days' written notice. Otherwise, the supervisors shall
				give at least 46 days' written notice.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.830 - Benefited Recreational Lake District Elections

Current through Register Vol. 47, No. 3, July 24, 2024
Elections for benefited recreational lake districts shall be
				  conducted according to the following procedures.
(1)
Conduct of election.
It
				is not mandatory for the county commissioner of elections to conduct elections
				for a benefited recreational lake district. However, if both a public measure
				and a candidate election will be held on the same day in a benefited
				recreational lake district, the same person shall be responsible for conducting
				both elections. All elections must be held on a Tuesday.
(2)
Ballots.
Ballots for
				benefited recreational lake district trustee elections shall be printed on
				opaque white paper, 8 by 11 inches in size. The ballots for the initial
				election for the office of trustee shall be in substantially the following
				form:
OFFICIAL BALLOT BENEFITED RECREATIONAL LAKE
				  DISTRICT
Election date
(facsimile signature of person responsible for printing
				  ballots)
FOR TRUSTEE:
To
vote:
Neatly print the names of
				  at least three people you would like to see elected to the office of Trustee of
				  the Benefited Recreational Lake District. You may vote for as many people as
				  you wish, but you must vote for at least three.
(At the bottom of the ballot a space shall be included for
				  the endorsement of the precinct election official, like this:)
Precinct official's endorsement:______________
(3)
Canvass of votes.
On the
				Monday following the election, the board of supervisors shall canvass the votes
				cast at the election. At the initial election the supervisors shall choose
				three trustees from among the five persons who received the most votes. The
				results of benefited recreational lake district elections shall be certified to
				the district board of trustees.
This rule is intended to implement Iowa Code section
				  357E.8.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.2 - Voting System Standards

Current through Register Vol. 47, No. 3, July 24, 2024
All electronic voting systems approved for use by the board
				  of examiners after April 9, 2003, shall meet Voting Systems Performance and
				  Test Standards, as adopted by the Federal Election Commission April 30, 2002,
				  or the 2005 Voluntary Voting Systems Guidelines, as adopted by the U.S.
				  Election Assistance Commission in December 2005. The report of an accredited
				  independent test authority certifying that the system is in compliance with
				  these standards shall be submitted with the application for examination.
This rule is intended to implement Iowa Code section
				  52.5.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.3 - Examiners

Current through Register Vol. 47, No. 3, July 24, 2024
The examiners annually shall elect a chairperson. All three
				  examiners must be present for any formal action. Approval by two of the three
				  examiners is required to approve any action to be taken by the
				  examiners.
(1) Notice of the time and
				place of any meeting by the board of examiners must be published pursuant to
				Iowa Code section
				21.4.
(2) Meetings of the examiners are open to the
				public, except that closed meetings may be held as permitted by Iowa Code
				section
				21.5.
(3) Correspondence and materials required to
				be filed with the board of examiners shall be addressed to the examiners in
				care of the Elections Division, Office of the Secretary of State, Lucas State
				Office Building, 321 E. 12th Street, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.4 - Fees and Expenses Paid to the Examiners

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The examiners shall be reimbursed for
				travel to and from the meeting place at the rate specified in Iowa Code section
				70A.9. The examiners shall also be reimbursed for actual expenses for meals and
				lodging, if necessary.
a. If the meeting was
				called for the purpose of examining, reexamining, testing, or discussing the
				certification of voting equipment offered by a vendor, the examiners' expenses
				shall be paid by the vendor within seven days following the completion of the
				examination and testing of the voting equipment.
b. If the meeting was called for the purpose
				of advising the secretary of state regarding administrative rules for the
				examiners, or to hear complaints or requests for decertification of voting
				equipment, or any other business of interest to the examiners, the expenses
				shall be paid by the secretary of state.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.5 - Examination of Voting Equipment-application

Current through Register Vol. 47, No. 3, July 24, 2024
Any vendor who wishes to apply for certification of voting
				  equipment for use in the state of Iowa shall apply to the secretary of state
				  for an appointment with the examiners. The application shall include five
				  copies of each of the following:
(1)
				History of the equipment to be examined. This history shall include a complete
				description of the equipment to be examined, descriptions of any previous
				models of the equipment, the date the system to be examined went into
				production, and a complete list of jurisdictions which have used the equipment.
				The user list shall include jurisdictions which used the equipment
				experimentally without purchasing it, jurisdictions which purchased earlier
				versions of the equipment to be examined, and jurisdictions which purchased the
				current version of the equipment to be examined.
(2) Copies of all manuals developed for use
				with the system including, but not limited to, technical manuals for repair and
				maintenance of the equipment, operations manuals for election officials,
				printer's manuals for ballot production, and any other written documents
				prepared by the vendor that describe the operation, use, and maintenance of the
				machine.
(3) Report of an
				accredited independent test authority certifying that the system is in
				compliance with the voting systems standards required by rule 721-22.2(52).
				Copies of these reports are confidential records as defined by Iowa Code
				section 22.7 and Iowa Code chapter 550. Independent test authority reports
				shall be available to the secretary of state, deputy secretary of state,
				director of elections, members of the board of examiners, and any other person
				designated by the secretary of state to have a bona fide need to review the
				report. No other person shall have access to the reports, and no copies shall
				be made. All independent test authority reports shall be marked "CONFIDENTIAL"
				and shall also be accompanied by a list of those persons who are authorized to
				examine the report. The reports shall be kept in a locked cabinet.
(4) Copies of the reports of any test
				authority who has examined the equipment in conjunction with certification
				requirements of other states.
(5)
				Reports of the certifying authorities of any other states that have examined
				the equipment, whether or not the equipment was approved for use.
(6) Brochures, photographs and advertising
				material used to encourage sales of the equipment.
(7) Manuals for the use and maintenance of
				any components of the equipment that are not manufactured by the
				vendor.
(8) Rescinded IAB 4/20/11,
				effective 5/25/11.
(9)
				Reserved.
(10) The form prescribed
				by the state commissioner of elections to request examination and testing of
				voting systems.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.6 - Review of Application by Examiners

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of the application, the secretary of state shall
				  immediately forward copies of the application to each of the examiners. The
				  examiners shall review the application and within seven days a date shall be
				  set for the examiners to meet and examine the equipment. If additional
				  information is needed by the examiners, they may delay setting a date for the
				  examination pending the submission of the requested
				  materials.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.7 - Consultant

Current through Register Vol. 47, No. 3, July 24, 2024
If the examiners determine that a consultant is necessary to
				  determine whether a system meets the requirements of Iowa law or whether a
				  change to a voting system is de minimis or a modification, the examiners shall
				  notify the vendor of the decision. The vendor may suggest the names of reliable
				  independent test authorities to the examiners and may decline to submit the
				  equipment to the examination of an individual for good reason.
A consultant may be employed if no other state has certified
				  the equipment for use. The examiners may require a consultant if the equipment
				  has been modified following certification by other states, or if the examiners
				  believe it to be necessary.
If a test authority has been determined to be necessary by
				  the examiners and a suitable consultant cannot be agreed upon by the examiners
				  and the vendor, the equipment shall not be approved for use.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.10 - Test Primary Election for Three Political Parties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Closed primary election.
Voters may only cast votes for the candidates of one of the parties.
(2)
Offices.
The following
				offices shall each have two candidates for each party. Candidate names shall be
				rotated as required by Iowa Code section 43.28.
a.U.S. Senator
b. U.S. Representative
c. Governor
d. Secretary of State
e. Auditor of State
f.Treasurer of State
g. Secretary of Agriculture
h. Attorney General
i. State Senator
j. State Representative
k. County Supervisor (vote for no more than
				three of six candidates)
l. County
				Treasurer
m. County
				Recorder
n. County
				Attorney
o. and
p.
Rescinded IAB 8/1/07, effective 7/13/07.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.11 - Test General Election

Current through Register Vol. 47, No. 3, July 24, 2024
The ballots for the test general election shall include the
				  following:
(1) Offices. In the test
				general election all of the above offices shall be included with the addition
				of candidates for lieutenant governor to be voted for jointly with each
				candidate for governor. Each political party and nonparty political
				organization shall have one candidate for each office that appeared on the
				primary ballot, except county supervisor, which shall have three candidates for
				each party and nonparty political organization. Names of candidates for county
				supervisor shall be rotated as required by Iowa Code section
				49.31,
				subsection 2.
The following nonpartisan offices shall also be included on
				  the ballot with the heading "Nominated by Petition":
a. Township Trustee
b. Township Clerk
c. County Public Hospital Trustee
d. Soil and Water Conservation District
				Commissioners
e. Agricultural
				Extension Council
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.12 - Report of Findings

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of examining a voting system pursuant to this
				  chapter, the examiners shall complete a report showing their findings. The
				  report shall include a checklist containing all statutory requirements for
				  voting systems and shall indicate whether each requirement applies to the
				  voting system being examined and whether the voting system is compliant or not
				  compliant. The checklist must indicate that all applicable items are compliant
				  with statutory requirements in order for the examiners to find that the voting
				  system may be approved for use.
(1)
Accessibility reports.
If interested parties are present at
				the examination and test and participate in accessibility testing of the
				equipment, the examiners shall wait a minimum of 30 days from the date of the
				examination and test before completing the report required by this rule so that
				the examiners have sufficient time to receive and review any accessibility
				reports submitted by interested parties pursuant to subrule 22.9(6).
(2)
Approval prior to use.
If the report states that the voting system has been approved for use, the
				voting system may be adopted for use at elections.
(3)
Report filed with the secretary
				of state.
The report shall be filed with the secretary of state. The
				secretary of state shall retain the vendor's application and other documents
				submitted pertaining to the certification as long as the voting system remains
				certified.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.14 - Denial of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
If the examiners find that the equipment does not meet the
				  requirements prescribed by the Code of Iowa and the Iowa Administrative Code,
				  the examiners shall deny certification to the equipment. The report of the
				  board shall specify the reasons for the denial, as well as all areas in which
				  the equipment complied with the requirements of the law. Certification may be
				  denied for any of the following reasons:
(1) The absence of any feature required by
				Iowa Code section
				52.5
				or 52.26.
(2) Failure to pay the
				examiners' fees and expenses, or the fees of any consultant mutually agreed
				upon by the examiners and the vendor.
(3) Failure to provide the examiners with a
				complete application as required by rule 721-22.5(52).
(4) Failure of the equipment to produce
				accurate results in one or both of the test elections. The test groups of
				ballots shall be tabulated manually to determine the expected outcome of each
				test election. If the equipment fails to reproduce exactly the results of the
				manual tabulation, the system shall not be approved for use, unless it can be
				demonstrated that the manual tabulation was in error and the machine tabulation
				was accurate.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.15 - Application for Reconsideration

Current through Register Vol. 47, No. 3, July 24, 2024
Following denial of certification a vendor may make the
				  necessary modifications to the system and apply for reconsideration. Aspects of
				  the equipment which were approved in the initial application do not need to be
				  reexamined unless the examiners find that the modifications may have affected
				  the ability of the equipment to comply in other areas. If certification was
				  denied for the reasons cited in 22.14(1) or 22.14(4), both test elections must
				  be completed satisfactorily, or approval shall not be
				  granted.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.16 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
If the vendor believes the denial of certification is in
				  error, the vendor must file written exceptions with the examiners within 30
				  days after issuance of the report. The examiners will issue a response to the
				  exceptions within 30 days after filing of the exceptions. A vendor who is
				  aggrieved or adversely affected by a denial after a ruling on exceptions may
				  seek judicial review pursuant to Iowa Code section
				  17A.19.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.17 - Changes to Certified Voting Systems

Current through Register Vol. 47, No. 3, July 24, 2024
The procedures in this rule shall be followed anytime a
				  change is made to a certified voting system, including a change in tabulation
				  software, firmware, or hardware.
(1)
Notification of change.
The vendor shall notify the examiners
				of any changes in a certified voting system. The vendor shall provide the
				examiners with the following information at the time the vendor provides notice
				of the change(s):
a. A description of the
				changes made.
b. Reports of test
				results conducted by an accredited independent test authority, and any reports
				of test results conducted by or for other states following the changes to the
				voting system.
c. Copies of
				manuals, instructions, advertisements and other documents submitted with the
				voting system's original application for certification that have been updated
				since the original application was submitted.
d. An assessment from an accredited
				independent test authority of the change as either a de minimis change or a
				modification to the voting system.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.18 - Rescinding Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for rescinding certification.
Certification may be
				rescinded if it is found that:
a. The
				equipment does not produce accurate results and reports as required for an
				election.
b. Modifications have
				been made in a certified voting system that have not been approved by the
				examiners.
c. Equipment which has
				been certified for use has not been adopted by any county in Iowa, or is no
				longer used by any county in Iowa, and is no longer available for purchase from
				the manufacturer. The examiners may rescind certification of such voting
				equipment without a complaint or contested case proceedings.
d. Equipment that has been certified for use
				no longer complies with the requirements of Iowa
law.
e.
				Any other grounds that may materially affect delivery or performance of the
				equipment.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.30 - Electronic Transmission of Election Results

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Certification of
				equipment.
On or after December 17, 2003, new components for
				transmission of election results by any electronic means may be used in
				elections in Iowa only if the components are approved by the board of examiners
				for use with a certified voting system. Existing systems containing electronic
				transmission components in use before December 17, 2003, may continue to be
				used until January 1, 2006, when the Help America Vote Act voting system
				requirements become effective.
The examiners shall review the qualification test report
				  submitted with the application for examination and testing of the voting
				  system. If the test report for the voting system under examination shows that
				  the electronic transmission components have met the voting system standards and
				  the examiners concur, the electronic transmission components may be used in
				  conjunction with the voting system. If the qualification test report or the
				  examiners conclude that the electronic transmission components do not meet the
				  voting system standards, or if this feature is not mentioned in the report,
				  purchasers of the voting system may not transmit election results
				  electronically.
(2)
Procedures on election day.
The election results may be
				transmitted electronically from voting equipment to the county commissioner of
				elections' office only after the precinct election officials have produced a
				written report of the election results as required by Iowa Code section 50.11.
				All election officials of the precinct shall sign the printed report of the
				election results. The signed copy shall be the official tabulation from that
				precinct.
(3)
Procedures
				after election day.
Before the canvass by the board of supervisors,
				the county commissioner of elections shall compare the signed, printed report
				from each precinct with the results transmitted electronically from the
				precinct on election night. The commissioner shall report any discrepancies
				between the two sets of election results to the board of supervisors. The
				signed, printed results produced pursuant to Iowa Code section 50.11 shall be
				considered the correct results.
This rule is intended to implement Iowa Code sections
				  50.11
				  and
				  52.41.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.31 - Acceptance Testing

Current through Register Vol. 47, No. 3, July 24, 2024
When the commissioner receives voting equipment from a
				  vendor, the commissioner shall carefully examine and test the equipment
				  to:
(1) Verify that the system
				delivered is certified for use in Iowa. The commissioner shall compare the
				voting system version numbers with the list of certified voting equipment
				provided by the state commissioner;
(2) Verify that everything in the contract
				has been delivered by:
a. Comparing a copy of
				the purchase contract with the items received;
b. Making certain that all components, such
				as power cords, casters, and keys, are included;
c. Reviewing instruction and maintenance
				manuals to be sure that the correct version of each manual was provided;
				and
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.41 - Public Testing of Optical Scan Systems

Current through Register Vol. 47, No. 3, July 24, 2024
All automatic tabulating equipment (including equipment used
				  to tabulate absentee ballots) shall be tested before use at any election, as
				  required by Iowa Code section
				  52.35. The
				  process and results of the test shall be documented and available for
				  inspection.
(1) Each automatic
				tabulating device (including equipment that will be used for counting absentee
				ballots) shall be tested to determine the following:
a. The device and its programs will
				accurately tabulate votes for each candidate and question on the
				ballot.
b. Votes cast for more
				candidates for any office than the number to be elected will result in the
				rejection of all votes cast for that office on that ballot. Votes properly cast
				for other offices on the same ballot shall be counted.
c. The tabulating equipment records all votes
				cast and no others. A written tally of the test votes shall be prepared before
				the test. The results of the test voting shall be recorded. The results of the
				machine tabulation shall be printed and compared with the test plan.
d. The voter may cast as many write-in votes
				for each office on the ballot as there are positions to be filled, and the
				write-in votes are tallied correctly.
e. For primary elections, the tabulating
				equipment accurately records votes cast for all political parties.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.42 - Preparing Test Decks

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner shall prepare test decks from all ballots
				  printed for use in the election, including those for use at the polling places
				  and for absentee balloting. Each of the following test decks shall be prepared
				  for every precinct and ballot style in the election. Commissioners may use
				  additional test methods to supplement the process described in this
				  rule.
(1)
Requirements for all
				test decks prepared by the commissioner and used in public testing.
The commissioner shall:
a. Replace ballots
				spoiled during the marking process instead of attempting to correct
				errors.
b. Fill in each oval
				completely using the recommended pen, pencil or voter assist
				terminal.
c. Mark each ballot "Test
				Ballot."
d. Mark at least one valid
				vote for each candidate and question on the ballot using the OVI unit (if
				applicable). The ballots marked by the OVI unit may be used as part of the
				systematic test deck (if applicable).
e. Mark at least one valid vote for each
				candidate and question on the ballot using the ImageCast Evolution or ImageCast
				Precinct with audio and printer (if applicable). The ballots marked by one of
				these units may be used as part of the systematic test deck (if
				applicable).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.43 - Conducting the Public Test

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The equipment
				shall be inspected to determine whether it has been prepared properly for the
				election at which it will be used. The following information shall be verified:
a. The correct program cartridge or memory
				card is in place for the election and the precinct or precincts in which it
				will be used.
b. All counters are
				set at zero before the test is begun.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.51 - Memory Cards

Current through Register Vol. 47, No. 3, July 24, 2024
A memory card is a small, removable device containing data
				  files of the election definition programmed for use in voting equipment for
				  each election. For all voting equipment, the following security measures are
				  required:
(1)
Serial
				number.
Each memory card shall have a serial number printed on a
				readily visible label. The label shall include the name of the
				county.
(2)
Inventory.
Memory cards owned by the county and retained in
				the custody of the county commissioner shall be maintained under perpetual
				inventory, with a record of inventory activity. The commissioner shall maintain
				a similar record of relevant actions if the memory cards are acquired from a
				vendor for each election. The record of inventory activity shall reflect:
a. The date each memory card was
				acquired;
b. Each use of each
				memory card in an election;
c. Each
				maintenance activity to a memory card, such as changing the battery;
d. Any problems or errors detected while
				using the memory card during its life;
e. Records of the disposal of any memory
				cards at the end of their useful life or upon return to the vendor for
				maintenance or warranty claims.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.52 - Voting Equipment Malfunction at the Polls

Current through Register Vol. 47, No. 3, July 24, 2024
The precinct election officials shall immediately cease using
				  any malfunctioning voting equipment and report the problem to the commissioner.
				  Only a person who is authorized in writing by the commissioner to do so shall
				  be permitted to attempt to repair malfunctioning voting equipment. The person
				  shall show identification to the precinct election official. The commissioner
				  shall keep a written record of all known malfunctions and their resolution. The
				  precinct election officials shall return the voting equipment to service only
				  if the malfunction is corrected.
(1)
Routine resolution.
Some problems may be easily resolved by
				following simple instructions. If the commissioner and the precinct election
				officials are able to resolve a problem without replacing the equipment, the
				officials shall document the problem, the time it occurred, how it was
				resolved, and by whom.
(2)
Repair or replacement.
Repairs to voting equipment at the
				polls on election day shall be limited. If the problem cannot be easily
				resolved, a person who is authorized to do so by the commissioner shall replace
				the equipment as soon as possible. Two election officials, one from each
				political party, shall witness repair or replacement of any voting equipment,
				including memory cards. The authorized person making the repair or replacement
				and the two election officials shall sign a report of the incident.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.101 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions established by this rule shall apply whenever
				  the terms defined appear in relation to an optical scan system used with the
				  type of ballot defined in this rule.
"Ballot"
means the official document that
				  includes all of the offices or public measures to be voted upon at a single
				  election, whether they appear on one or more optical scan ballots.
"Optical scan voting system "
means a system
				  employing optical scan ballots under which votes are cast by voters by marking
				  the optical scan ballots with a ballot marking device and thereafter counted by
				  use of automatic tabulating equipment.
"Overvote"
means to vote for more than the
				  permitted number of choices for any office or question on a ballot.
"Secrecy envelope "
means a reusable
				  envelope of sufficient construction that when the optical scan ballot is
				  inserted in it all portions indicating voting marks are hidden from
				  view.
"Tabulating device "
means the portable
				  apparatus which examines and counts the votes recorded on the optical scan
				  ballot and produces a paper printout of the results of the voting.
"Ticket"
means each list of candidates
				  nominated by a political party or group of petitioners.
"Undervote"
means to vote for fewer than the
				  permitted number of choices for any office or question on a ballot.
"Voting system"
means the total combination
				  of mechanical, electromechanical or electronic equipment (including the
				  software, firmware and documentation required to program, control and support
				  the equipment that is used to define ballots, to cast and count votes, to
				  report or display election results and to maintain and produce any audit trail
				  information). "Voting system" also includes the practices and associated
				  documentation used to identify system components and versions of such
				  components, to test the system during its development and maintenance, to
				  maintain records of system errors and defects, to determine specific system
				  changes to be made to a system after the initial qualification of the system
				  and to make available any materials to the voter such as notices, instructions,
				  forms or paper ballots. (See Section 301(b) of HAVA.)
"Voting target"
means the space on an
				  optical scan ballot which the voter marks to cast a vote for a candidate, judge
				  or question. This target shall be printed according to the requirements of the
				  voting system to be used to read the ballots.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.200 - Security

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At least one tabulating device shall be
				provided at each precinct polling place for an election. If the tabulating
				device is delivered to the polling place before election day, it shall be
				secured against tampering or kept in a locked room.
(2) The maintenance key or keys used to gain
				access to the internal parts of the tabulating device shall be kept in a secure
				place and in a secure manner, in the custody of the commissioner. On election
				day, the key used to obtain the paper printout shall be kept by the chairperson
				of the precinct election officials in a secure manner. Small electronic
				devices, such as memory cards, cartridges or other data storage devices used to
				activate tabulation equipment or to store election information, shall be in the
				custody of the precinct chairperson when the devices are not installed on the
				voting equipment.
(3) If a password
				is needed for precinct election officials to have routine access to the
				tabulating device during election day, the password shall be changed for every
				election. The commissioner shall restrict access to the password in the written
				security policy.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.201 - Programming and Testing the Tabulating Devices for Precinct Count Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All programming of tabulating devices
				shall be performed under the supervision of the commissioner. The devices shall
				be programmed to ensure that all votes will be counted in accordance with the
				laws of Iowa. Tabulating devices shall be programmed to return to the voter any
				ballots:
a. That are not coded to be used in
				the precinct.
b. That are read as
				blank.
c. That have one or more
				overvoted offices or public measures.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 22 - Voting Systems and Electronic Poll Books › Rule 721-22.202 - Unique Race and Candidate Id Numbers for Election Night Results Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
All tabulating devices programmed for primary and general
				  elections and for special elections conducted pursuant to Iowa Code section
				  69.14
				  shall be programmed using the unique race and candidate ID numbers assigned by
				  the state commissioner. The unique race and candidate ID numbers will be
				  provided to the county commissioners with the candidate certification prepared
				  by the state commissioner.
This rule is intended to implement Iowa Code chapter
				  50.