reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.12 - Wrong Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
Optical scan voting equipment shall be programmed to reject
				  ballots not coded for use in the precinct, as required by 721-subrule
				  22.201(1). If a recount board appointed pursuant to Iowa Code section
				  50.48
				  finds ballots that are coded for a precinct other than the precinct being
				  tabulated, those ballots shall not be counted unless the commissioner or the
				  commissioner's designee reports that the wrong ballots were delivered to the
				  polling place. The recount board shall immediately report to the commissioner
				  the number of these ballots. The recount board and the commissioner shall
				  securely seal the ballots coded for another precinct and attach to the ballot
				  package a report of the findings. A copy of the report shall be forwarded to
				  the county attorney as a possible violation of Iowa Code section
				  39A.2(1)
"b"
(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.13 - Ballot Properly Marked by the Voter

Current through Register Vol. 47, No. 3, July 24, 2024
No ballot properly marked by the voter shall be
				  rejected:
1. Because of any
				discrepancy between the printed ballot and the nomination paper, or certificate
				of nomination, or certified abstract of the canvassing board.
2. Because of any error in stamping or
				writing the endorsement thereon by the officials charged with such
				duties.
3. Because of any error on
				the part of the officer charged with such duty in delivering the wrong ballots
				at any polling place.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.14 - Ballots With Identifying Marks

Current through Register Vol. 47, No. 3, July 24, 2024
The precinct election officials shall reject a ballot if the
				  ballot includes an identifying mark. The following marks shall be considered to
				  be identifying marks:
1. A comment or
				statement that indicates the identity of the voter either individually or as a
				member of a group.
2. Initials, a
				printed name or a signature placed on the ballot in any place other than on the
				lines intended for write-in votes or intended for the initials of the election
				official who issued the ballot.
If the ballot has an identifying mark, the precinct election
				  officials shall mark the ballot "Defective due to identifying mark." The
				  precinct officials in precincts where optical scan voting equipment is used
				  shall tally the votes on all ballots with identifying marks. All of the
				  precinct election officials shall sign the tally. They shall include the tally
				  of ballots with identifying marks in the tally list. The officials shall return
				  the ballots with identifying marks to the commissioner in the envelope or
				  container for disputed ballots as required by Iowa Code section
				  50.5.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.15 - Voter's Choice

Current through Register Vol. 47, No. 3, July 24, 2024
A vote for any office or question on a ballot shall not be
				  rejected solely because a voter failed to follow instructions for marking the
				  ballot.
(1) If the choice of the voter
				is clear from the marks for any office or question, the vote shall be counted
				as the voter has indicated.
(2) If
				for any reason it is impossible to determine the choice of the voter for any
				office or question, the vote for that office or question shall not be
				counted.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.16 - Determination of Voter's Choice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a voter
				uses both the prescribed mark and other marks, only the prescribed marks shall
				be counted as votes.
Example: The voter has used both the prescribed mark and a
				  cross in the voting targets within the same office.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows a vote for CANDIDATE 4. It is not clear
				  from the voter's mark whether the mark in the oval for CANDIDATE 3 is intended
				  as a vote.
(2) If a voter does not use
				the mark prescribed in the voting instructions but consistently uses some other
				mark, the mark shall be counted as a vote if the mark is:
a. In the voting target, or
b. In close proximity to a candidate's name
				or to a voting target associated with a candidate's name or with a "yes" or
				"no" choice for a ballot question.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.21 - Corrections by Voter

Current through Register Vol. 47, No. 3, July 24, 2024
A vote for an office or question shall be counted if the
				  voter has marked the ballot in a manner that will be counted as an overvote by
				  automatic tabulating equipment but the voter has indicated in a clear fashion
				  that the voter has made a mistake. The correction shall be honored if the
				  correction does not include an identifying mark in violation of Iowa Code
				  section 39A.4(1)
"a"
(6) or 49.92.
EXAMPLE A: Correction. The voter has crossed out the mark for
				  one candidate and has written in the names of two persons on the write-in
				  lines. Two persons are to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows a vote for Margaret Allen and a vote for
				  Bob Burns. The voter has clearly crossed out the mark for CANDIDATE 3.
EXAMPLE B: Identifying mark. The voter has corrected a
				  mistake by crossing out a marked voting target and has also initialed the
				  correction.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example does not show a vote. The initials next to the
				  correction identify the voter.
Do not count any votes on this ballot
				  pursuant to Iowa Code section 39A.4(1)
"a"
(6) or 49.92.
Follow the procedure in rule 26.14(50).
EXAMPLE
C:
Erasure. The voter has attempted to
				  erase one marked voting target and has marked another voting target. Two
				  persons are to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows a vote for CANDIDATE 3. The voter has
				  attempted to erase the mark for CANDIDATE 2. Count this as a vote for CANDIDATE
				  3.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.50 - Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The precinct election officials shall count paper ballots
				  according to the standards for optical scan ballots with the exception that
				  write-in votes shall be counted according to the standards in
				  26.51(49).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.51 - Write-in Votes

Current through Register Vol. 47, No. 3, July 24, 2024
The precinct election officials shall count write-in votes on
				  paper ballots without regard to whether the voter has made a mark opposite the
				  candidate's name.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.100 - Requester

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who received votes for an office, including the
				  person who received the most votes, may request a recount. If a person who is
				  an apparent winner of an election requests a recount, the person who received
				  the next highest number of votes for that office shall assume the functions of
				  the "apparent winner" as designated in Iowa Code section
				  50.48.
				  These functions include:
1. Receiving
				notice of the recount.
2.
				Designating a member of the recount board.
3. Calculation of bond.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.101 - Recounts for Candidates Who Run as a Team

Current through Register Vol. 47, No. 3, July 24, 2024
For the offices of president and vice president of the United
				  States, and for governor and lieutenant governor, either of the two candidates
				  may sign a request for a recount or designate a member of the recount
				  board.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.102 - Bond

Current through Register Vol. 47, No. 3, July 24, 2024
In an election for a jurisdiction that includes more than one
				  county, only one bond is required for each candidate who requests a recount for
				  that office. For state and federal offices, the bond shall be filed with the
				  state commissioner of elections. For other elections, the bond shall be filed
				  with the commissioner responsible for the election under Iowa Code section
				  47.2(2).
				  If more than one candidate for a multicounty office requests a recount, the
				  bond requirement shall be calculated for each candidate.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.103 - Recount Board

Current through Register Vol. 47, No. 3, July 24, 2024
A three-person board shall conduct the recount.
(1) The person requesting the recount shall
				name one board member in the written request. If more than one person files a
				request for a recount of the same office in the same county, the board member
				shall be the designee of the first person who filed.
(2) The apparent winner shall name one board
				member at or before the time the board is required to convene. If more than one
				person is to be elected to the office in question, the designation shall be
				made by the apparent winner who received the fewest votes.
(3) The board members designated pursuant to
				subrules 26.103(1) and 26.103(2) shall mutually agree upon the third member of
				the board.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.104 - Responsibilities of the Recount Board

Current through Register Vol. 47, No. 3, July 24, 2024
Recount boards do not resolve procedural or legal questions
				  about the conduct of the election or the qualifications of voters. The
				  responsibility of a recount board is to tabulate all votes for the office in
				  question on ballots that were counted by the precinct election officials at the
				  election.
(1)
Ballots to be
				recounted.
All ballots that were accepted for counting shall be
				recounted.
a. This includes disputed ballots
				returned separately pursuant to Iowa Code section 50.5.
b. This does not include spoiled
				ballots.
c. This does not include
				absentee or provisional ballots that were rejected before the ballot envelope
				was opened.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.105 - Duties of Commissioner and Commissioner's Staff

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ballot security.
The
				county commissioner (or the commissioner's designee) shall be responsible for
				the security of the ballots and shall supervise their handling. The
				commissioner shall ensure that the ballots are protected from alteration,
				damage or loss.
(2)
Optical
				scan tabulation duties.
In counties with electronically tabulated
				optical scan ballots, the recount board may request that the ballots be
				recounted by machine, may count the ballots by hand, or may do both. The county
				commissioner or members of the commissioner's staff shall operate the
				tabulation equipment for machine recounts. The same program used on election
				day shall be used in the recount unless the program is believed or known to be
				flawed.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.106 - Access to Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
Recounts, like all canvasses of votes, are open to the
				  public. However, observers may not participate in the recount. Because a
				  recount is a purely ministerial function, rather than a policy-making one,
				  recounts are not subject to the notification requirements of the Iowa open
				  meetings law. (See Iowa Code section
				  21.2 for the
				  definition of "meeting.")
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.107 - Report of the Recount Board

Current through Register Vol. 47, No. 3, July 24, 2024
The report of the recount board shall be filed with the
				  county commissioner no later than 18 days after the board of supervisor's
				  canvass of the votes for the election in question or 11 days after city primary
				  elections or the regular city election in cities with runoff election
				  provisions.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.200 - Precinct Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) One precinct
				per county shall be selected by lot.
(2) For the purpose of this rule, combined
				precincts established pursuant to Iowa Code section
				49.11
				shall be audited as a single precinct if selected by lot; therefore, if one
				precinct out of the combined precinct is selected, all of the precincts that
				make up the combined precinct shall be audited.
(3) Absentee and special voters precincts,
				established pursuant to Iowa Code section
				53.20,
				shall be included in the list of precincts to be selected for each county to be
				selected by lot.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.201 - State Commissioner Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				state commissioner of elections shall select by lot the precincts to be
				included in the post-election audit the day following the election.
(2) The state commissioner shall notify the
				state chairpersons of the two political parties whose candidates received the
				highest number of votes statewide for either the office of President of the
				United States or governor in the preceding general election, of the time and
				location of the selection at least 24 hours prior to the selection. A public
				notice shall be posted on the state commissioner's website.
(3) The state commissioner shall notify the
				commissioners of all precincts selected for an audit following a statewide
				election.
(4) In advance of any
				other election, the state commissioner may order an audit of the election in
				the manner provided for in Iowa Code section
				50.51. In the
				event an audit is ordered, the state commissioner of elections shall notify all
				commissioners holding an election no less than 24 hours before the election in
				question that an audit has been ordered. An audit ordered under Iowa Code
				section
				50.51 and rule
				721-26.200 (50) shall be conducted using the same time frame and procedure as a
				general election audit.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.202 - Post-election Audit Time Frame

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				post-election audit shall be completed not later than 12:00 noon three days
				after the county canvass of votes.
(2) At least 24 hours prior to the audit
				start time, commissioners shall post the time and location of each
				audit.
(3) A representative
				selected by each of the two political parties whose candidates received the
				highest number of votes statewide in the preceding general election shall be
				invited to observe the hand count. The commissioner shall notify the county
				chairperson of each political party a minimum of two days before the hand count
				of the time and place of the hand count.
(4) If an invited representative does not
				appear at the hand count, the commissioner shall notify the state
				commissioner.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.203 - Audit Board and Audit Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commissioner shall appoint the members of the audit board not less than 24
				hours prior to the time of the scheduled audit.
a. Audit board members shall be registered
				voters of the county.
b. The audit
				board shall ordinarily consist of three or five members. At the commissioner's
				discretion, additional members may be appointed. A sufficient number of members
				shall be appointed to ensure the audit is completed not later than 12:00 noon
				three days after the county canvass of votes.
c. Not more than a simple majority of the
				members of the audit board shall be members of the same political party or
				organization if one or more registered voters of another political party or
				organization are qualified and willing to serve on the audit board.
d. For all elections in which a partisan
				office is on the ballot, the audit board shall include members of the two
				political parties whose candidates for President of the United States or for
				governor, as the case may be, received the largest and next largest number of
				votes in the county at the last general election. Election boards may also
				include persons who are not members of either of those political parties.
				However, persons who are not members of either of those political parties shall
				not comprise more than one-third of the membership of an audit board.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Help America Vote Act (
				  Pub. Law
				  107-252, Sec. 261-265) and 2004 Iowa Acts, Senate
				  File 2298, provide funds to replace lever voting equipment, upgrade voting
				  equipment, provide training to election officials, provide additional
				  information to voters and improve election accessibility for individuals with
				  disabilities. The purpose of these rules is to establish a grant program for
				  providing funds to the counties of Iowa for the above
				  purposes.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Act"
means
				  Public Law
				  107-252, the Help America Vote Act of 2002.
"Secretary "
means the secretary of state
				  created pursuant to Article 4, section 22, of the Constitution of the State of
				  Iowa.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.3 - Eligibility and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any Iowa county
				is eligible to receive funds.
(2)
				For each grant program, the secretary will develop the requirements and
				criteria for awards and publish the information on the secretary's Web
				site
www.sos.state.ia.us
. In addition,
				the secretary will also notify each county of grant programs.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.4 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary shall establish the application and review
				  deadlines for each grant program. Notice of the deadlines and application forms
				  shall be sent to each county and shall also be available on the secretary's Web
				  site. Applications shall be submitted to HAVA Grants, Secretary of State's
				  Office, First Floor, Lucas State Office Building, Des Moines, Iowa
				  50319.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.5 - Application Contents

Current through Register Vol. 47, No. 3, July 24, 2024
Applications shall be submitted on forms developed and made
				  available by the secretary. Contents of the application shall include:
1. Description of the proposed
				project.
2. Budget to complete the
				project.
3. Local funds or effort
				on the project.
4. Other
				information as requested by the secretary.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.7 - Award Process

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary will award grants to counties. Upon award to a
				  county, the secretary shall send a grant agreement to the county. The county
				  auditor, the chair of the county board of supervisors, or other designated
				  county representative shall sign the agreement and return it to the secretary.
				  The grant award agreement will outline procedures for payment of grant funds.
				  The grant recipient county must submit all documentation as required by the
				  secretary.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.8 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Annually and at the completion of each project, each grant
				  recipient shall make a report to the secretary. The report shall include the
				  expenditures made on the project and shall also include an assessment of the
				  impact of the project.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 27 - Help America Vote Act Grants › Rule 721-27.9 - Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
Representatives of the secretary, the state auditor, and
				  appropriate federal authorities shall have access to all books, accounts, and
				  documents belonging to or in use by the grant recipient and pertaining to the
				  receipt of assistance through this program.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 28 - Voter Registration File (I-VOTERS) Management › Rule 721-28.1 - State Registrar's Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
The state registrar of voters is responsible for the
				  implementation of a single, uniform, official, centralized, interactive,
				  computerized statewide voter registration file of every legally registered
				  voter in the state. This file is known as I-Voters. These rules regulate access
				  to the file by county registrars and others and set forth protocols for adding,
				  changing or deleting file information.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 28 - Voter Registration File (I-VOTERS) Management › Rule 721-28.2 - Access and Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state
				registrar and county registrars shall grant access to the I-Voters database
				consistent with the Iowa Code and the security plan for the system. Authorized
				users of the system shall be issued secure password-protected access that is
				monitored by the state registrar. Access may be denied or revoked by the state
				registrar for violation of the security policy.
(2) Fees shall be assessed by the state
				registrar and county registrars for voter registration information provided to
				the public or to authorized requesters consistent with Iowa Code chapter 48A
				and the rules of the voter registration commission. The state registrar shall
				establish appropriate forms for voter registration information requests. Fees
				collected by the state registrar shall be deposited in the state general fund.
				Fees collected by county registrars shall be deposited in the appropriate
				county fund.
(3) Statewide or
				congressional district voter registration information from I-Voters may be
				obtained only from the state registrar. Voter registration information from
				I-Voters other than statewide or congressional district information may be
				obtained from the state registrar or a county registrar. A county registrar may
				provide from I-Voters voter registration information for a district or other
				jurisdiction that is located in whole or in part within the registrar's
				county.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 28 - Voter Registration File (I-VOTERS) Management › Rule 721-28.6 - Cancellations and Restorations of Voter Registration Due to Jury Declination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Based upon information provided to the
				state registrar by the state or federal judicial branch, the list of likely
				matches of ineligible voters shall be produced for each county and provided to
				each county registrar.
(2) On a
				monthly basis, the state registrar shall, using predetermined search criteria,
				compare the list of declined jurors against the list of registered
				voters.
(3) Within 15 days of the
				receipt of the list produced by the state registrar in accordance with 28.6(2),
				the county registrar shall review the list of likely matches, determine the
				accuracy of the search results and cancel the registrations of those voters
				found to be ineligible to vote. Notice shall be sent to the voter at the
				voter's address in the voter registration file pursuant to Iowa Code section
				48A.30(2). The notice shall provide the voter an opportunity to have the county
				registrar review any relevant information that establishes the voter's
				eligibility to vote. When inclusion of a voter's name on the list of likely
				matches is found to be inaccurate, the registrar shall mark the record as a "no
				match" and provide that information to the state registrar.
This rule is intended to implement Iowa Code section
				  48A.30
				  as amended by 2017 Iowa Acts, House File 516, section 4.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 28 - Voter Registration File (I-VOTERS) Management › Rule 721-28.7 - Voter List Maintenance Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The reporting requirements in Iowa Code section 48A.40 shall
				  be met by the county registrar entering registration information into I-Voters
				  in accordance with guidance prescribed by the state
				  registrar.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions are adopted.
"Breach"
means a compromise of security
				  processes that leads to the accidental or unlawful destruction, loss,
				  alteration, unauthorized disclosure of, or access to protected
				  information.
"Commissioner"
means the county commissioner
				  of elections as defined in Iowa Code chapter 47.
"cybersecurity"
means the prevention of
				  damage to, protection of, and restoration of computers, electronic
				  communications systems, electronic communications services, wire communication,
				  and electronic communication, including information contained therein, to
				  ensure their availability, integrity, authentication, confidentiality, and
				  nonrepudiation.
"Elections technology"
means the statewide
				  voter registration database, voting system, electronic poll books, and other
				  technologies used to register, maintain, or process voters or conduct any
				  election. For purposes of this rule, these terms shall have the definitions as
				  described in the administrative rules of the secretary of state.
"Encryption"
means the use of an algorithmic
				  process to transform data into a form in which the data is rendered unreadable
				  or unusable without the use of a confidential process or key.
"Incident"
means an occurrence that actually
				  or potentially jeopardizes the confidentiality, integrity, or availability of
				  an information system or the information the system processes, stores, or
				  transmits or that constitutes a violation or imminent threat of violation of
				  security policies, security procedures, or acceptable use policies.
"I-Voters"
means the statewide voter
				  registration database.
"Office of the chief information officer"
or
"OCIO"
means the state chief information officer.
"Registrar"
means the county commissioner of
				  registration as defined in Iowa Code section
				  48A.3.
"State commissioner"
means the state
				  commissioner of elections as described in Iowa Code chapter 47.
"State registrar"
means the state registrar
				  of voters as defined in Iowa Code chapter 48A.
"User"
means anyone from the state registrar
				  or county registrar or approved third-party vendor who accesses
				  I-Voters.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.2 - Cybersecurity Training

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All users who
				access the I-Voters database must complete annual training programs on
				principles of cybersecurity. Upon completion of the training, a user shall
				transmit proof of completion to the state registrar. The state registrar shall
				maintain a list of approved training programs on the secretary of state's
				website. The state registrar shall consult with the OCIO or the federal
				Election Assistance Commission before adding trainings to the list of approved
				programs. If requested by the office of the chief information officer, the
				federal Election Assistance Commission, or a county registrar, the state
				registrar may review and add recommended cybersecurity training programs to the
				approved list.
(2) The state
				registrar may disable any user account if the user does not complete the
				training within 30 days of access granted, or on the anniversary date set by
				the state registrar.
(3) The state
				registrar may temporarily waive this requirement for any user if the state
				registrar believes it is necessary to the execution of the election.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.3 - Cybersecurity Incident or Breach

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				commissioner who identifies or suspects an actual or possible cybersecurity
				incident or breach shall report the incident within 24 hours to the state
				commissioner. Upon receiving the report, the state commissioner shall alert the
				appropriate state or federal law enforcement agencies, including but not
				limited to the United States Department of Homeland Security's Cybersecurity
				and Infrastructure Security Agency (CISA) and the OCIO, and the vendor
				responsible for maintaining the affected technology. The state commissioner may
				disseminate the information to other federal, state, and local agencies, or
				their designees, as the state commissioner deems necessary.
(2) Information reported to the state
				commissioner under this rule shall be exempt from public records requests
				pursuant to Iowa Code section
				22.7(50).
(3) Nothing in this rule prohibits a
				commissioner from alerting local law enforcement prior to contacting the state
				commissioner in the event of an incident or breach.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.4 - Election Security by the Commissioners

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At the start of each calendar year, the
				commissioner shall provide to the state commissioner the following information:
a. The full personnel roster, phone numbers,
				and email addresses of the commissioner's office that identify who from the
				office will participate in election administration in any form throughout the
				year. This does not include precinct election workers.
(1) The roster will identify the personnel
				that the commissioner considers critical to the successful execution of
				elections.
(2) The roster will
				further identify a technical point-of-contact (POC) for the state commissioner.
				If the commissioner wishes to serve as the POC, the commissioner will also
				designate an additional POC. The POC needs to be a government employee but does
				not necessarily need to be a person within the commissioner's
				office.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.5 - Emergency or Incident Response Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Every commissioner shall have an election security incident response plan. A
				commissioner whose election-specific plan is part of a larger county-level
				emergency response plan, continuity of government plan, or incident response
				plan satisfies this requirement.
(2) Every commissioner shall review the plan
				at least annually and make updates as necessary.
(3) A commissioner shall provide the plan to
				the state commissioner at the state commissioner's request.
(4) Information shared under this rule shall
				retain protection as a nonpublic, confidential record pursuant to Iowa Code
				section
				47.1(6).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 29 - Elections Technology Security › Rule 721-29.6 - Social Media Accounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A commissioner
				using a social media account for official elections-related communication shall
				request "verified" or similar recognition. The state commissioner shall provide
				information on the subject upon request by a commissioner.
(2) A commissioner using a social media
				account shall protect the account using multifactor authentication.
(3) The state commissioner may require that
				commissioners use additional security measures for social media accounts, based
				on emerging best practices.
Iowa Administrative Code › Agency 721 - Secretary of State › Division III - Uniform Commercial Code › Chapter 30 - Uniform Commercial Code › Rule 721-30.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policy
										statement.
The duties and responsibilities of the filing officer with respect to the administration
										of the UCC are ministerial. In accepting for filing or refusing to file a UCC document pursuant to these
										rules, the filing officer does none of the following:
a. Determine the legal
										sufficiency or insufficiency of a document.
b. Determine that a
										security interest in collateral exists or does not exist.
c.
										Determine that information in the document is correct or incorrect, in whole or in part.
d. Create a presumption that information in the document is correct or
										incorrect, in whole or in part.
Iowa Administrative Code › Agency 721 - Secretary of State › Division III - Uniform Commercial Code › Chapter 30 - Uniform Commercial Code › Rule 721-30.3 - Ucc Information Management System

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policy statement.
The filing officer uses an information management system to store, index,
										and retrieve information relating to financing statements. The information management system includes an
										index of the names of debtors named on financing statements which are active. This rule describes the UCC
										information management system.
(2)
General
										provisions
-
UCC information management system.
a.
Primary data elements.
The primary data elements used in the UCC information management
										system are the following.
(1) Identification numbers.
1. Each initial financing statement is identified by its file number as
										defined in 30.1(2). Identification of the initial financing statement is stamped on written UCC documents or
										otherwise permanently associated with the record maintained for UCC documents in the UCC information
										management system. A record is created in the information management system for each initial financing
										statement and all information comprising such record is maintained in such system. Such record is identified
										by the same information assigned to the initial financing statement.
2. A UCC document other than an initial financing statement is identified
										by a unique file number assigned by the filing officer. In the information management system, records of all
										UCC documents other than initial financing statements are linked to the record of their related initial
										financing statement.
Iowa Administrative Code › Agency 721 - Secretary of State › Division III - Uniform Commercial Code › Chapter 30 - Uniform Commercial Code › Rule 721-30.5 - Search Requests and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
The filing officer maintains for public inspection a searchable index
										of all records of active UCC documents that provides for the retrieval of a record by the name of the debtor
										and by the file number of the initial financing statement to which the record relates and which associates
										with one another each initial financing statement and each filed UCC document relating to the initial
										financing statement.
(2)
Search requests.
Search
										requests shall contain the following information.
a.
Name
										searched.
A search request should set forth the full correct name of a debtor or the name variant
										desired to be searched and must specify whether the debtor is an individual or an organization.
(1) Individual. The full name of an individual shall consist of a first
										name, a middle name or initial, and a last name, although a search request may be submitted with no middle
										name or initial and, if only a single name is presented (e.g., "Cher"), it will be treated as a last name,
										and a search will disclose only those UCC documents where only the last name was entered.
(2) Organization. The full name of an organization shall consist of the
										name of the organization as stated on the articles of incorporation or other organic documents in the state
										or country of organization or the name variant desired to be searched. A search request will be processed
										using the name in the exact form it is submitted.
Iowa Administrative Code › Agency 721 - Secretary of State › Division III - Uniform Commercial Code › Chapter 30 - Uniform Commercial Code › Rule 721-30.6 - Other Notices of Liens

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Policy
				statement. The purpose of this rule is to describe records of liens maintained
				by the filing office created pursuant to statutes other than the UCC that are
				treated by the filing officer in a manner substantially similar to UCC
				documents and that are included on request with the reports described in
				30.5(4) and 30.5(5).
(2) Records of
				liens maintained by the filing office which are created pursuant to statutes
				other than the UCC are maintained in the information management system and
				indexed and searched in the same manner under these rules.
Iowa Administrative Code › Agency 721 - Secretary of State › Division III - Uniform Commercial Code › Chapter 31 - Registration of Postsecondary Schools › Rule 721-31.1 - Postsecondary Registration Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary of state shall collect a nonrefundable
				  registration fee of $4,000 with each application to register a postsecondary
				  institution for four years. The secretary of state shall collect a
				  nonrefundable $1,000 fee when a registered school seeks a substantive change in
				  program offerings, location, or accreditation.
This rule is intended to implement 2004 Iowa Acts, House File
				  2559, section 7.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.2 - Names Distinguishable Upon Corporate Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as provided in these rules, a name is considered distinguishable
										upon the records of the secretary of state if it contains one or more different letters or numerals, or if it
										contains a different sequence of letters or numerals. A single space used to divide a sequence of letters or
										numerals into separate words is considered to be a letter for the purpose of this subrule. Differences
										between singular and plural forms of words are distinguishable. Differences between numerals, Roman numerals,
										and words representing numerals are distinguishable. The following characters are considered as letters for
										the purpose of this subrule: $ (dollar sign); + (plus sign); % (percent sign); ¢ (cent sign).
(2) The following words and abbreviations, when positioned as the last word
										or abbreviation in the business entity name, are not considered in determining whether a name is
										distinguishable upon the records of the secretary of state:
a.
										Corporation
b. Company
c. Incorporated
d.
										Limited
e. Benefit Corporation
f. Cooperative
g. Limited
										Partnership
h. Limited Liability Partnership
i. Registered Limited Liability Partnership
j. Limited Liability Limited Partnership
k. Professional Corporation
l.
										Limited Company
m. Limited Liability Company
n. Professional Limited Liability Company
o. Any abbreviation of any of the above
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.3 - Payment and Refund of Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
										office of secretary of state requires payment of all fees in full at the time of filing of any corporate
										document or request for copies.
(2) Filing under any of the
										business entity chapters may be effected only upon the receipt of the correct filing fee. Failure to include
										the filing fee or partial payment of the filing fee will result in the return of the filing to the sender
										with instructions to include the correct filing fee.
(3) In the
										event that a filing fee overpayment is made, the amount in excess of the correct filing fee shall be returned
										to the filing party. No adjustment is required if the amount of overpayment is one dollar or less.
(4) This subrule implements the pilot project authorized by 2000 Iowa Acts,
										House File 2545, section 32, for fees required by Iowa Code section 490.122(1)
"a"
and
"v."
a. The secretary of state may refund payment of the
										corporate filing fees required pursuant to the provisions of Iowa Code section 490.122(1)
"a"
and
"v,"
if, within five business days from the time the corporate filing is received and
										date stamped, the entity has not been entered on the records of the secretary of state.
b. To receive a refund under this subrule, the business entity must make a
										written request with the business services division of the secretary of state's office. The written request
										must specify the reason(s) for the refund and provide evidence of entitlement to the refund.
c. The filing fee shall not be refunded if the corporate filing fails to
										satisfy all of the filing requirements of Iowa Code chapter 490.
d. The decision of the secretary of state not to issue a refund under this
										subrule is final and not subject to review pursuant to the provisions of the Iowa administrative procedure
										Act.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.4 - Document to County Recorder

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
										corporate document that is required by law to be filed in the office of the county recorder will be forwarded
										directly to the office of the county recorder in the county where the corporation's registered office is
										located.
(2) Reserved.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.6 - Revised Nonprofit Corporation Act Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The following are the fees for Iowa Code section 504.113.
(1) The secretary shall collect the following fee when the documents
										described below are delivered to the secretary's office for filing.
Articles of incorporation
$20
Application for use of indistinguishable name
$5
Application for reserved name
$10
Notice of transfer of reserved name
$10
Application for registered name
$2 per month or part thereof
Application for renewal of registered name
$20
Corporation's statement of change of registered
																		 agent
or registered office or both
No Fee
Agent's statement of change of registered office
																		 for
each affected corporation
No Fee
Agent's statement of resignation
No Fee
Amendment of articles of incorporation
$10
Restatement of articles of incorporation with
																		 amendments
$20
Articles of merger
$20
Articles of dissolution
$5
Articles of revocation of dissolution
$5
Certificate of administrative dissolution
No Fee
Application for reinstatement following
administrative dissolution
$5
Certificate of reinstatement
No Fee
Certificate of judicial dissolution
No Fee
Application for certificate of authority
$25
Application for amended certificate of
																		 authority
$25
Application for certificate of withdrawal
$5
Certificate of revocation of authority to transact
																		 business
No Fee
Biennial report
No Fee
Articles of correction
$5
Application for certificate of existence or
																		 authorization
$5
Any other document required or permitted by the
																		 Act
$5
(2) The
										secretary of state shall collect a fee of $5 each time process is served on the secretary under this
										chapter.
(3) The secretary of state shall collect the following
										fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
a. $1 per page for copying.
b.
										$5 per page for the certificate.
Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.7 - Biennial Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary of state shall collect the following fees at the time the
											  documents described in this rule are delivered to the secretary for filing.
(1) A limited partnership or foreign limited partnership authorized to
										transact business in this state shall deliver to the secretary of state for filing a biennial report that
										meets the requirements of Iowa Code section 488.210.
a. The fee for filing
										and indexing a biennial report filed on paper or in a paper-based format is $45. This fee may be provided in
										the form of credit card, cash, personal check, cashier's check, money order, or secretary of state charge
										account.
b. The fee for an electronic filing through the
										secretary of state website is $30. This fee must be paid by credit card or secretary of state charge
										account.