reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.5 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer, or a designated staff member, may
				  attempt to informally settle a complaint proceeding before or after a notice of
				  the proceeding is issued. If a staff member is designated to initiate
				  settlement discussions, the designee shall have authority to negotiate on
				  behalf of the presiding officer, but shall not have authority to bind the
				  presiding officer to particular terms of settlement. If the presiding officer
				  and respondent(s) agree to settlement of a pending complaint, a consent order
				  shall be issued. By electing to sign a consent order, the respondent(s) waives
				  all rights to a hearing and all attendant procedures. The consent order shall
				  have the force and effect of a final order of the presiding officer and shall
				  be served and published as provided in rule
				  721-25.28
				  (17A).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.6 - Answer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within ten days of the date of service of
				notice of the proceedings, each respondent shall file an answer to the
				allegations contained therein and serve a copy of the answer upon all parties
				to the proceedings, pursuant to rule 721-25.16(17A,39A,47).
(2) The answer shall contain the following
				information:
a. The full name, address and
				telephone number of the respondent and the respondent's counsel, if any;
				and
b. A specific statement
				admitting or denying each allegation in the complaint.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.7 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In complaint
				proceedings in which all of the respondents are local election officials, the
				presiding officer shall be the state commissioner of elections.
(2) In complaint proceedings in which one of
				the respondents is the state commissioner of elections or a person or persons
				employed or appointed by the state commissioner of elections, the presiding
				officer shall be a panel consisting of all members of the state voter
				registration commission appointed pursuant to Iowa Code section 47.8, except
				the state commissioner of elections or the state commissioner's
				designee.
(3) Any party to a
				complaint proceeding who wishes to request that the presiding officer be an
				administrative law judge employed by the department of inspections and appeals
				must file a written request within five days after service of a notice of
				proceedings which identifies the presiding officer as the state commissioner of
				elections or voter registration commission. The state commissioner of elections
				or voter registration commission may deny the request only upon a finding that
				one or more of the following apply:
a. The
				presiding officer under whose authority the proceeding is to take place is not
				a named party to the proceeding or a real party in interest to that
				proceeding.
b. There is a
				compelling need to expedite issuance of a final decision in order to protect
				the public health, safety, or welfare.
c. The proceeding involves significant policy
				issues of first impression that are inextricably intertwined with the factual
				issues presented.
d. The demeanor
				of the witnesses is likely to assist the presiding officer in resolving
				disputed factual issues.
e. The
				request was not timely filed.
f.
				The request is not consistent with a specified statute.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.8 - Proceedings Based Upon Written Submissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In order to expedite resolution of
				complaint proceedings, complaints shall be evaluated and a decision rendered
				based upon written submissions unless the complainant or respondent requests a
				hearing on the record or the presiding officer determines that an evidentiary
				hearing will assist in resolution of outstanding factual disputes.
(2) The presiding officer will not issue a
				decision upon the written submissions prior to the expiration of the time
				within which the complainant and respondent may request a hearing on the record
				unless both the complainant and respondent file a written waiver of the right
				to hearing under these rules.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.9 - Written Decisions, Available Remedies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Decision format.
All final determinations resolving complaint
				proceedings shall be in writing and shall include findings of fact and
				conclusions of law as required by Iowa Code section
				17A.16(1).
(2)
Violation
				found-remedies.
If, based upon a preponderance of evidence provided
				through written submissions or at hearing, the presiding officer determines
				that a violation of Title III has been established, the presiding officer shall
				issue an order providing for an appropriate remedy. The remedy so provided
				shall be designed to ensure compliance with the requirements of Title III and
				may include an order to any respondent directing the respondent to take
				specified action or prohibiting the respondent from taking specified action
				with respect to a past, immediately pending, or future election. The remedy
				shall not include an award of monetary damages or attorney's fees.
(3)
No violation found.
If,
				based upon a preponderance of evidence provided through written submissions or
				at hearing, the presiding officer determines that no violation of Title III has
				been established, the presiding officer shall issue an order dismissing the
				complaint.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.10 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a hearing is desired by the
				complainant, a request for a hearing on the record shall be included within the
				complaint or made by submitting a written request for hearing no later than ten
				days following service of the answer by the respondent.
(2) If a hearing is desired by the
				respondent, a request for a hearing on the record shall be included within the
				answer.
(3) Hearings shall be
				conducted pursuant to rules 721-25.23(17A) through 25.26(17A).
(4) Notice of the time and place of hearing
				will be provided to each party by the presiding officer. When possible, a
				written notice will be served upon each party a minimum of seven days prior to
				the time of hearing. If the circumstances underlying the complaint necessitate
				expedited resolution prior to a pending election, the period of notice may be
				shortened and notice may be provided by facsimile, telephone, or
				E-mail.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.11 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time shall be
				computed as provided in Iowa Code subsection 4.1(34).
(2) For good cause, the presiding officer may
				extend or shorten the time to take any action, except as precluded by statute.
				Except for good cause stated in the record, before extending or shortening the
				time to take any action, the presiding officer shall afford all parties an
				opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.12 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a complaint
				  proceeding may waive any provision of this chapter. However, the presiding
				  officer in the presiding officer's discretion may refuse to give effect to such
				  a waiver when the presiding officer deems the waiver to be inconsistent with
				  the public interest.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.13 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the presiding officer's own
				  motion or as requested by a party, order hearings or argument to be held by
				  telephone conference or other electronic means in which all parties have an
				  opportunity to participate. The presiding officer will determine the location
				  of the parties and witnesses for telephone or other electronic hearings. The
				  convenience of the witnesses or parties, as well as the nature of the
				  proceeding, will be considered when location is chosen. Objections, if any,
				  shall be filed with the presiding officer and served on all parties at least
				  three business days in advance of hearing.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.14 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding officer or other person shall
				withdraw from participation in the making of any proposed or final decision in
				a complaint proceeding if that person:
a. Has
				a personal bias or prejudice concerning a party or a representative of a
				party;
b. Has personally
				investigated, prosecuted or advocated, in connection with that proceeding, the
				specific controversy underlying that proceeding, another pending factually
				related complaint proceeding, or a pending factually related controversy that
				may culminate in a complaint proceeding involving the same parties;
c. Is subject to the authority, direction or
				discretion of any person who has personally investigated, prosecuted or
				advocated in connection with that complaint proceeding, the specific
				controversy underlying that complaint proceeding, or a pending factually
				related complaint proceeding or controversy involving the same
				parties;
d. Has acted as counsel to
				any person who is a private party to that proceeding within the past two
				years;
e. Has a personal financial
				interest in the outcome of the proceeding or any other significant personal
				interest that could be substantially affected by the outcome of the
				proceeding;
f. Has a spouse or
				relative within the third degree of relationship that (1) is a party to the
				proceeding, or an officer, director or trustee of a party; (2) is a lawyer in
				the proceeding; (3) is known to have an interest that could be substantially
				affected by the outcome of the proceeding; or (4) is likely to be a material
				witness in the proceeding; or
g.
				Has any other legally sufficient cause to withdraw from participation in the
				decision making in that proceeding.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.15 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The
				presiding officer may consolidate any or all matters at issue in two or more
				complaint proceedings where (a) the matters at issue involve common parties or
				common questions of fact or law; (b) consolidation would expedite and simplify
				consideration of the issues involved; and (c) consolidation would not adversely
				affect the rights of any of the parties to those proceedings.
(2)
Severance.
The presiding
				officer may, for good cause shown, order any complaint proceedings or portions
				thereof severed.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.17 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery procedures applicable in civil
				actions are applicable in complaint proceedings. Unless lengthened or shortened
				by these rules or by order of the presiding officer, time periods for
				compliance with discovery shall be as provided in the Iowa Rules of Civil
				Procedure. Discovery may be limited if the circumstances underlying the
				complaint necessitate expedited resolution of the allegations prior to a
				pending election.
(2) Any motion
				relating to discovery shall allege that the moving party has previously made a
				good-faith attempt to resolve the discovery issues involved with the opposing
				party. Motions in regard to discovery shall be ruled upon by the presiding
				officer. Opposing parties shall be afforded the opportunity to respond within
				ten days of the filing of the motion unless the time is shortened as provided
				in subrule 25.17(1). The presiding officer may rule on the basis of the written
				motion and any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be
				used in the complaint proceeding if that evidence would otherwise be admissible
				in that proceeding.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.18 - Issuance of Subpoenas in a Complaint Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas issued in a complaint
				proceeding may compel the attendance of witnesses at depositions or hearing,
				and may compel the production of books, papers, records, and other real
				evidence. A command to produce evidence or to permit inspection may be joined
				with a command to appear at deposition or hearing, or may be issued separately.
				Subpoenas shall be issued by the presiding officer upon written request. In the
				case of a request for a subpoena of mental health records, the request must
				confirm compliance with the following conditions prior to the issuance of the
				subpoena:
a. The nature of the issues in the
				proceeding reasonably justifies the issuance of the requested
				subpoena;
b. Adequate safeguards
				have been established to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
				public policy, or other recognizable public interest favors access;
				and
d. An attempt was made to
				notify the patient and to secure an authorization from the patient for the
				release of the records at issue.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.19 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical form for motions is
				required. However, prehearing motions must be in writing, state the grounds for
				relief, and state the relief sought.
(2) Any party may file a written response to
				a motion within ten days after the motion is served unless the time period is
				extended or shortened by ruling of the presiding officer. The presiding officer
				may consider a failure to respond within the required time period in ruling on
				a motion.
(3) The presiding officer
				may schedule oral argument on any motion. If the presiding officer requests
				that an administrative law judge issue a ruling on a prehearing motion, the
				ruling is subject to interlocutory appeal pursuant to rule
				721-25.29(17A).
(4) Motions
				pertaining to the hearing, except motions for summary judgment, must be filed
				and served at least five days prior to the date of hearing unless there is good
				cause for permitting later action or the time for such action is lengthened or
				shortened by an order of the presiding officer.
(5) Motions for summary judgment shall comply
				with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be
				subject to disposition according to the requirements of that rule to the extent
				such requirements are not inconsistent with the provisions of this rule or any
				other provision of law governing the procedure in contested cases.
(6) Motions for summary judgment must be
				filed and served at least 20 days prior to the scheduled hearing date, or other
				time period determined by the presiding officer. Any party resisting the motion
				shall file and serve a resistance within 10 days, unless otherwise ordered by
				the presiding officer, from the date a copy of the motion was served. The time
				fixed for hearing or nonoral submission shall be not less than 15 days after
				the filing of the motion, unless a shorter time is ordered by the presiding
				officer. A summary judgment order rendered on all issues in a complaint
				proceeding is subject to rehearing pursuant to rule
				721-25.31
				(17A) and appeal pursuant to rule
				721-25.30
				(17A).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.20 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances
				  shall be made to the presiding officer.
(1) A written application for a continuance
				shall:
a. Be made at the earliest possible
				time and no less than seven days before the hearing except in case of
				emergencies;
b. State the specific
				reasons for the request; and
c. Be
				signed by the requesting party or the party's representative.
An oral application for a continuance may be made if the
				  presiding officer waives the requirement for a written motion. However, a party
				  making such an oral application for a continuance must confirm that request by
				  written application within five days after the oral request unless that
				  requirement is waived by the presiding officer. No application for continuance
				  shall be made or granted without notice to all parties except in an emergency
				  where notice is not feasible.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.21 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A
complainant may withdraw a complaint prior to
				  the hearing upon written notice filed with the presiding officer and served on
				  all parties. Unless otherwise ordered by the presiding officer, a withdrawal
				  shall be with prejudice.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.22 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for
				leave to intervene in a complaint proceeding shall state the grounds for the
				proposed intervention, the position and interest of the proposed intervenor,
				and the possible impact of intervention on the proceeding. Any party may file a
				response within seven days of service of the motion to intervene unless the
				time period is extended or shortened by the presiding officer.
(2)
When filed.
Motion for
				leave to intervene shall be filed as early in the proceeding as possible to
				avoid adverse impact on existing parties or the conduct of the proceeding.
				Unless otherwise ordered, a motion for leave to intervene shall be filed at
				least ten days before the date scheduled for hearing. Any later motion must
				contain a statement of good cause for the failure to file in a timely manner.
				An intervenor shall be bound by any agreement, arrangement, or other matter
				previously raised in the proceeding unless binding the intervenor would be
				inequitable or unjust. Requests by untimely intervenors for continuances which
				would delay the proceeding will ordinarily be denied.
(3)
Grounds for
				intervention.
The movant shall demonstrate that (a) intervention would
				not unduly prolong the proceedings or otherwise prejudice the rights of
				existing parties; (b) the movant is likely to be aggrieved or adversely
				affected by a final order in the proceeding; and (c) the interests of the
				movant are not adequately represented by existing parties.
(4)
Effect of intervention.
A person granted leave to intervene is a party to the proceeding. The order
				granting intervention may restrict the issues that may be raised by the
				intervenor or otherwise condition the intervener's participation in the
				proceeding.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.23 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer shall be in control of the proceedings
				  and shall have the authority to administer oaths, to admit or exclude testimony
				  or other evidence and to rule on all motions and objections. The presiding
				  officer may request that an administrative law judge assist in performing any
				  of these functions.
(1)
Examination of witnesses.
All witnesses shall be sworn or
				affirmed by the presiding officer or the court reporter, if a court reporter is
				provided by one of the parties, and shall be subject to cross-examination. The
				presiding officer and the administrative law judge have the right to examine a
				witness at any stage of the witness's testimony. The presiding officer may
				limit questioning in a manner consistent with law.
(2)
Public hearing.
The
				hearing shall be open to the public.
(3)
Record of proceedings.
Oral proceedings shall be recorded either by mechanical or electronic means or
				by certified shorthand reporters. Oral proceedings or any part thereof shall be
				transcribed at the request of any party, with the expense of the transcription
				charged to the requesting party. The recording or stenographic notes of oral
				proceedings or the transcription shall be filed with and maintained by the
				state commissioner of elections for at least five years from the date of
				decision.
(4)
Order of
				proceedings.
Before testimony is presented, the record shall show the
				identity of the presiding officer, the identity of the administrative law
				judge, if any, the identity of the parties and their representatives, and the
				fact that all testimony is being recorded.
a.
				The presiding officer or designated person may read a summary of the complaint
				and answers thereto and other responsive pleadings filed by the respondent
				prior to the hearing.
b. The
				complainant shall make a brief opening statement, which may include a summary
				of allegations within the complaint and the witnesses and documents to support
				such charges.
c. Each respondent
				shall be offered an opportunity to make an opening statement, including the
				names of any witnesses the respondent desires to call in defense. A respondent
				may elect to defer making the opening statement until just prior to the
				presentation of evidence by the respondent.
d. Evidence on behalf of the complainant
				shall be presented.
e. Evidence on
				behalf of the respondent(s) shall be presented.
f. Rebuttal evidence on behalf of the
				complainant, if any, shall be presented.
g. Rebuttal evidence on behalf of the
				respondent(s), if any, shall be presented.
h. Closing arguments first on behalf of the
				complainant, then on behalf of the respondent(s), and then rebuttal, if any, on
				behalf of the complainant shall be made.
The order of proceedings may be tailored to the nature of the
				  complaint proceeding.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.24 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer shall rule on
				admissibility of evidence and may, where appropriate, take official notice of
				facts in accordance with all applicable requirements of law.
(2) Stipulation of facts is encouraged. The
				presiding officer may make a decision based on stipulated facts.
(3) Evidence in the proceeding shall be
				confined to the issues as to which the parties received notice prior to the
				hearing unless the parties waive their right to such notice or the presiding
				officer determines that good cause justifies expansion of the issues. If the
				presiding officer decides to admit evidence on issues outside the scope of the
				notice over the objection of a party who did not have actual notice of those
				issues, that party, upon timely request, shall receive a continuance sufficient
				to amend pleadings and to prepare on the additional issue.
(4) The party seeking admission of an exhibit
				must provide opposing parties with an opportunity to examine the exhibit prior
				to the ruling on its admissibility. Copies of documents shall be provided to
				opposing parties and the presiding officer. All exhibits admitted into evidence
				shall be appropriately marked and be made part of the record.
(5) Any party may object to specific evidence
				or may request limits on the scope of any examination or cross-examination.
				Such an objection must be timely and shall be accompanied by a brief statement
				of the grounds upon which it is based. The objection, the ruling on the
				objection, and the reasons for the ruling shall be noted in the record. The
				presiding officer may rule on the objection at the time it is made or may
				reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
				the party offering that evidence may submit an offer of proof on the record.
				The party making the offer of proof for excluded oral testimony shall briefly
				summarize the testimony or, with permission of the presiding officer, present
				the testimony. If the excluded evidence consists of a document or exhibit, it
				shall be marked as part of an offer of proof and inserted in the
				record.
(7) Irrelevant, immaterial
				or unduly repetitious evidence shall be excluded. A finding will be based upon
				the kind of evidence upon which reasonably prudent persons are accustomed to
				rely for the conduct of their serious affairs, and may be based on hearsay or
				other types of evidence which may or would be inadmissible in a jury
				trial.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.25 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party fails to appear or participate
				in a complaint proceeding after proper service of notice, the presiding officer
				may, if no adjournment is granted, enter a default decision or proceed with the
				hearing and render a decision in the absence of the party.
(2) Default decisions or decisions rendered
				on the merits after a party has failed to appear or participate in a complaint
				proceeding become final action unless, within 15 days after the date of
				notification or mailing of the decision, a motion to vacate is filed and served
				on all parties or an appeal of a decision on the merits is timely initiated
				within the time provided by rule 721-25.30(17A). A motion to vacate must state
				all facts relied upon by the moving party which establish that good cause
				existed for that party's failure to appear or participate at the complaint
				proceeding. Each fact so stated must be substantiated by at least one sworn
				affidavit of a person with personal knowledge of each such fact, which
				affidavit(s) must be attached to the motion.
(3) The time for further appeal of a decision
				for which a timely motion to vacate has been filed is stayed pending a decision
				on the motion to vacate.
(4)
				Properly substantiated and timely filed motions to vacate shall be granted only
				for good cause shown. The burden of proof as to good cause is on the moving
				party. Adverse parties shall have ten days to respond to a motion to vacate.
				Adverse parties shall be allowed to conduct discovery as to the issue of good
				cause and to present evidence on the issue prior to a decision on the motion,
				if a request to do so is included in that party's response.
(5) "Good cause" for purposes of this rule
				shall have the same meaning as "good cause" for setting aside a default
				judgment under Iowa Rule of Civil Procedure 1.977.
(6) A default decision may award any relief
				consistent with the request for relief made in the petition and embraced in its
				issues.
(7) A default decision may
				provide either that the default decision is to be stayed pending a timely
				motion to vacate or that the default decision is to take effect immediately,
				subject to a request for stay under rule 721-25.32(17A).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.27 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the presiding officer shall provide a copy of
				  the whole record or any portion of the record at cost. The cost of preparing a
				  copy of the record or of transcribing the hearing record shall be paid by the
				  requesting party.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.28 - Final Decisions, Publication and Party Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final decision.
When the
				state commissioner of elections or the voter registration commission presides
				over the reception of evidence at the hearing, the decision is a final
				decision. The final decision of the presiding officer shall be filed with the
				state commissioner of elections. A copy of the final decision and order shall
				immediately be sent by certified mail, return receipt requested, to all parties
				of record.
(2)
Publication
				of decisions.
Final decisions in all complaint proceedings, including
				consent agreements and consent orders, are public records which shall be
				indexed and made available for public inspection by the office of the state
				commissioner of elections as required by Iowa Code section 17A.3(1)
"e
." In addition, all final decisions shall be published by
				posting on the Internet Web site maintained by the office of the state
				commissioner of elections.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.29 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on the presiding officer's
				  own motion, the presiding officer may review a preliminary order of the
				  administrative law judge, such as a ruling on a motion to quash a subpoena or
				  other prehearing motion. In determining whether to do so, the presiding officer
				  shall weigh the extent to which the presiding officer's granting of the
				  interlocutory appeal would expedite final resolution of the proceeding and the
				  extent to which review of the interlocutory order at the time of the issuance
				  of a final decision would provide an adequate remedy. Any request for
				  interlocutory review must be filed within seven days of issuance of the
				  challenged order, but no later than the date for compliance with the order or
				  the date of hearing, whichever is earlier.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.30 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decision.
Decisions issued by an administrative law
				judge are proposed decisions. All complaint proceeding decisions must be issued
				by the state commissioner of elections or voter registration commission, as
				appropriate. A proposed decision issued by an administrative law judge becomes
				a final decision if not timely appealed by any party or reviewed by the state
				commissioner of elections or voter registration commission, as
				appropriate.
(2)
Appeal by
				party.
Any adversely affected party may appeal a proposed decision to
				the state commissioner of elections or voter registration commission within 15
				days after issuance of the proposed decision.
(3)
Review.
The state
				commissioner of elections or voter registration commission may initiate review
				of a proposed decision at any time within 15 days following the issuance of
				such a decision.
(4)
Notice
				of appeal.
An appeal of a proposed decision is initiated by the filing
				of a timely notice of appeal with the state commissioner of elections or voter
				registration commission. The notice of appeal must be signed by the appealing
				party or a representative of that party and contain a certificate of service.
				The notice shall specify:
a. The parties
				initiating the appeal;
b. The
				proposed decision or order which is being appealed;
c. The specific findings or conclusions to
				which exception is taken and any other exceptions to the decision or
				order;
d. The relief
				sought;
e. The grounds for
				relief.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.31 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom
				filed.
Any party to a complaint proceeding may file an application for
				rehearing from a final order.
(2)
Contents of application.
The application for rehearing shall
				state on whose behalf it is filed, the specific grounds for rehearing, and the
				relief sought. In addition, the application shall state whether the applicant
				desires reconsideration of all or part of the final decision on the existing
				record and whether, on the basis of the grounds enumerated in subrule 25.31(3),
				the applicant requests an opportunity to submit additional evidence.
(3)
Additional evidence. A
party may request the taking of additional evidence only by establishing that
				(a) the facts or other evidence arose after the original proceeding, or (b) the
				party offering such evidence could not reasonably have provided such evidence
				at the original proceeding, or (c) the party offering the additional evidence
				was misled by any party as to the necessity for offering such evidence at the
				original proceeding.
(4)
Time of filing.
The application shall be filed with the state
				commissioner of elections within 20 days after issuance of the final decision.
				The final decision is issued on the date it is mailed or the date of delivery
				if service is by other means, unless another date is specified in the order.
				The application for rehearing is deemed filed on the date it is received by the
				state commissioner of elections.
(5)
'Notice to other parties.
				A
copy of the application shall be timely mailed by the applicant to
				all parties of record not joining therein. If the application does not contain
				a certificate of service, the state commissioner of elections shall serve
				copies of the application on all parties.
(6)
Disposition.
An
				application for rehearing shall be deemed denied unless the presiding officer
				grants the application within 20 days after its filing. An order granting or
				denying an application for rehearing is deemed issued on the date it is filed
				with the state commissioner of elections.
(7)
Proceedings.
If the
				presiding officer grants an application for rehearing, the presiding officer
				may set the application for oral argument or for hearing if additional evidence
				will be received. If additional evidence will not be received, the presiding
				officer may issue a ruling without oral argument or hearing. The presiding
				officer may, on the request of a party or on the presiding officer's own
				motion, order or permit the parties to provide written argument on one or more
				designated issues. The presiding officer may be assisted by an administrative
				law judge in all proceedings related to an application for rehearing.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.32 - Stays of Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
				available.
Any party to a complaint proceeding may petition the
				presiding officer for a stay or other temporary remedy, pending judicial review
				of all or part of that proceeding. The petition shall state the reasons
				justifying a stay or other temporary remedy.
(2)
When granted.
In
				determining whether to grant a stay, the presiding officer shall consider the
				factors listed in Iowa Code section 17A.19(5)
"c. "
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.33 - No Factual Dispute Complaint Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists,
				  the parties may present all relevant admissible evidence either by stipulation
				  or otherwise as agreed by the parties, without necessity for the production of
				  evidence at an evidentiary hearing. If such agreement is reached, a jointly
				  submitted schedule detailing the method and timetable for submission of the
				  record, briefs and oral argument should be submitted to the presiding officer
				  for approval as soon as practicable. If the parties cannot agree, any party may
				  file and serve a motion for summary judgment pursuant to the rules governing
				  such motions.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.34 - Alternate Dispute Resolution

Current through Register Vol. 47, No. 3, July 24, 2024
If, as required by subrule 25.1(2), a final determination is
				  not issued within 90 days of the date of the filing of a complaint and the
				  complainant does not agree to allow a longer period for making the
				  determination, the complaint shall be transferred to a board of arbitration,
				  which shall resolve the complaint within 60 days from the date of
				  transfer.
(1) The board of arbitration
				shall be composed of the following three members: one member designated by the
				complainant, one member designated by the state commissioner of elections, and
				a third member jointly agreed to by the first two members.
(2) The board of arbitration shall have
				access to the record compiled in proceedings prior to the transfer, including
				the tape or transcript of any hearing, but may not conduct any further hearing
				or receive additional testimony, evidence, or other submissions. The board of
				arbitration shall determine the appropriate resolution of the complaint by a
				majority vote and shall issue a written decision as required by rule
				721-25.9(17A,39A,47). The board's decision shall be considered the final
				decision upon the complaint for purposes of publication, rehearing and judicial
				review.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.35 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the final decision may be sought in
				  accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section
				17A.19(3) if a party does not file a timely application for rehearing, a
				judicial review petition must be filed with the district court within 30 days
				after the issuance of the final decision. The final decision is issued on the
				date it is mailed or the date of delivery if service is by other means, unless
				another date is specified in the order.
(2) If a party does file a timely application
				for rehearing, a judicial review petition must be filed with the district court
				within 30 days after the application for rehearing is denied or deemed denied.
				An application for rehearing is denied or deemed denied as provided in rule
				721-25.31(17A).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Blank ballot"
means a ballot that contains
				  no votes that can be detected by a tabulating device. See also "unvoted
				  ballot."
"Hesitation mark"
means a small mark made by
				  resting a pen or pencil on the ballot.
"Optical scan voting system"
includes a
				  tabulating device that reads ballots by detecting voters' marks using reflected
				  or absorbed light. An optical scan voting system may be used to count ballots
				  either at the polling place (precinct count) or at a counting center (central
				  count). Optical scan ballots are special paper ballots designed for use with an
				  optical scan voting system.
"Overvote"
means to vote for more than the
				  permitted number of choices for any office or question on a ballot.
"Paper ballot"
as used in this chapter means
				  a ballot that is intended to be counted only after inspection by precinct
				  election officials. "Paper ballot" in this context means a ballot provided at a
				  precinct that does not have optical scan voting equipment.
"Prescribed mark"
means the mark shown in
				  the voting instructions as the appropriate way to mark a vote. "Prescribed
				  mark" includes a close approximation of the mark.
"Question "
as used in this chapter includes
				  a public measure as defined by Iowa Code section
				  39.3(10)
				   and a judicial retention question pursuant
				  to Iowa Code section
				  46.21.
"Random mark "
means a mark on a ballot
				  (other than the prescribed mark) that is used inconsistently, either in or near
				  the voting target or the names of candidates.
"Straight party vote "
means a vote cast in
				  the area of the ballot where political parties and nonparty political
				  organizations are listed, pursuant to Iowa Code section
				  49.37(1).
"Stray mark"
means a mark on a ballot that
				  appears to be accidental or appears to be unrelated to the act of filling in
				  the voting target.
"Tabulating device "
means the portable
				  apparatus that removes the special paper ballot from the secrecy envelope,
				  examines and counts the votes recorded on the special paper ballot, and
				  produces a paper printout of the results of the voting.
"Undervote"
means to vote for fewer than the
				  permitted number of choices for any office or question on a ballot.
"Unvoted ballot"
means a ballot that has not
				  been marked in any way. See also "blank ballot."
"Vote"
means the voter's choice for an
				  office or question on the ballot.
"Voting target"
means the place designated
				  on a ballot for the voter to mark the voter's choice.
"Write-in vote"
means a vote cast pursuant
				  to Iowa Code section
				  49.99 or
				  52.16.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.2 - Counting Votes on Election Day

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Optical scan-precinct count.
Ballots shall be counted at the
				polling place on election day using the equipment provided. The precinct
				election officials shall not examine ballots accepted and counted by the
				tabulating device. After the polls close, the precinct election officials
				shall:
a. Remove any ballots from the
				emergency ballot box and insert them into the tabulating device.
b. Examine ballots sorted by the tabulating
				device because they contain write-in votes and count the write-in votes
				following the standards in rule 26.20(49).
c. Examine ballots rejected by the tabulating
				device and abandoned by the voter only if the tabulating device has no override
				device that permits the officials to reset the tabulating device to accept
				blank or overvoted ballots. The officials shall follow the standards in rules
				26.12(50) through 26.21(49).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.3 - Reporting Overvotes and Undervotes

Current through Register Vol. 47, No. 3, July 24, 2024
The reports from computerized voting equipment and canvass
				  summaries for precinct, county and state canvasses of votes shall include the
				  number of overvotes and undervotes for each office and question on the ballot.
				  Undervotes and overvotes shall not be reported on abstracts of votes prepared
				  pursuant to Iowa Code sections
				  50.24
				  and
				  50.39.
Example: For a special election, 100 people voted using an
				  optical scan voting system. The printed report from the machine tally of votes
				  should be in substantially the following form:
Number of voters = 100
City Official
Candidate 1
24
Candidate 2
51
Candidate 3
12
Write-in votes
8
Overvotes
2
Undervotes
3
The vote tally portion of the abstract of votes for this
				  office would read as follows:
For the office of city official, there were ninety-five (95)
				  votes cast as follows:
Candidate 1 received twenty-four (24) votes.
Candidate 2 received fifty-one (51) votes.
Candidate 3 received twelve (12) votes.
Scattering received eight (8) votes.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.4 - Absentee and Special Voters Precinct

Current through Register Vol. 47, No. 3, July 24, 2024
The absentee and special voters precinct board shall tabulate
				  ballots in the manner appropriate to the voting equipment, if any has been
				  provided. When an optical scan voting system is used, the board shall follow
				  the procedures in subrule 26.2(2).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.11 - Examples Used

Current through Register Vol. 47, No. 3, July 24, 2024
The examples used in this part all show the voting target as
				  an oval on the left-hand side next to each candidate's name. The same
				  principles demonstrated in the examples apply to other types of voting targets
				  on optical scan ballots.