reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.14 - Intelligent Mail Barcode (IMb) Tracing

Current through Register Vol. 47, No. 3, July 24, 2024
A commissioner shall use Intelligent Mail barcode (IMb)
				  Tracing (IMb Tracing) to determine when an absentee ballot has entered into the
				  federal mail system as an alternative to a traditional postmark verification
				  for the purposes of Iowa Code sections 9E.6 and 53.44.
(1)
Notice to state commissioner of
				elections required.
a. Prior to a
				commissioner's implementation of IMb Tracing for an election, notice must be
				sent to the state commissioner.
b.
				A commissioner may not implement or discontinue the use of IMb Tracing while an
				election is open once absentee ballots have been mailed pursuant to Iowa Code
				section 53.8.
c. The state
				commissioner may issue a waiver to paragraph 21.14(1)
"b"
if a
				commissioner's ability to use IMb Tracing is impacted by issues beyond the
				commissioner's control.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.15 - Proof of Residence or Identification After Casting Provisional Ballot

Current through Register Vol. 47, No. 3, July 24, 2024
If a voter casts a provisional ballot pursuant to Iowa Code
				  section
				  49.81
				  or 2017 Iowa Acts, House File 516, section 27, the voter must offer the
				  required proof of residency or identification to vote in the polling place
				  before the polls close on election day, or to the commissioner's office in
				  order for the ballot to be counted. The proof must be received by the
				  commissioner not later than 12 noon on the Monday following the election, or if
				  the law authorizing the election specifies that the supervisors canvass the
				  votes earlier than the Monday following the election, the proof must be
				  received by the commissioner before the canvass for that election by the board
				  of supervisors.
This rule is intended to implement 2017 Iowa Acts, House File
				  516, section 27, and Iowa Code section
				  49.81
				  as amended by 2017 Iowa Acts, House File 516.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.20 - Election Contest Costs

Current through Register Vol. 47, No. 3, July 24, 2024
In determining the amount of the bond for election contests,
				  the commissioner shall consider the following aspects of the cost of the
				  election contest proceedings:
1. Fees
				as provided in Iowa Code section 62.22.
2. Fees for judges as provided in Iowa Code
				section
				62.23.
3. The cost of making an official record of
				the proceedings.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.21 - Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
The amount of the bond shall not include costs not directly
				  related to the contest court proceedings. Specifically, the amount of the bond
				  shall not be intended to replace any potential lost income to the county caused
				  by the delay in implementing the decision of the voters at the election being
				  contested.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.22 - Photocopied Ballot Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
If it is necessary for ballots to be photocopied pursuant to
				  Iowa Code section
				  49.67, the
				  commissioner shall use the "Request for Additional Ballots" form posted on the
				  state commissioner's Web site to record the request and resolution thereof. The
				  commissioner shall complete the form, including the reason additional ballots
				  are needed; who made the request for additional ballots and what time the
				  request was made; the number of additional ballots produced; the manner of
				  production of the additional ballots, including location of production; and the
				  commissioner's signature.
This rule is intended to implement Iowa Code section
				  49.67.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.25 - Administrative Recounts

Current through Register Vol. 47, No. 3, July 24, 2024
When the commissioner suspects that voting equipment used in
				  the election malfunctioned or that programming errors may have affected the
				  outcome of the election, the commissioner may request an administrative recount
				  after the day of the election but not later than three days after the canvass
				  of votes. The request shall be made in writing to the board of supervisors
				  explaining the nature of the problem and listing the precincts to be recounted
				  and which offices and questions shall be included in the administrative
				  recount. The board of supervisors shall respond as soon as possible after
				  receipt of the commissioner's request.
The recount shall be conducted by members of the absentee and
				  special voters precinct board following the provisions of Iowa Code sections
				  50.48
				  and
				  50.49
				  and 721-Chapter 26. The commissioner may use different memory cards for the
				  recount and shall retain the information on the memory cards used in the
				  election pursuant to 721-subrule 22.51(13). The commissioner may also use
				  different election definition files if the commissioner believes the original
				  election definition files were flawed. If the commissioner uses different
				  election definition files for the recount, the commissioner shall also retain
				  the election definition files for the election as required by 721-subrule
				  22.51(14).
This rule is intended to implement Iowa Code section
				  50.50.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.30 - Inclusion of Annexed Territory in City Reprecincting and Redistricting Plans

Current through Register Vol. 47, No. 3, July 24, 2024
If a city has annexed territory after January 1 of a year
				  ending in zero and before the completion of the redrawing of precinct and ward
				  boundaries during a year ending in one, the city shall include the annexed land
				  in precincts drawn pursuant to Iowa Code sections
				  49.3 and
				  49.5.
(1) When the city council draws precinct and
				ward boundaries, if any, the city shall use the population of the annexed
				territory as certified by the city to the state treasurer pursuant to Iowa Code
				section
				312.3(4).
(2) When the board of supervisors, or the
				temporary county redistricting commission, draws precinct and county supervisor
				district boundaries, if any, it shall subtract from the population of the
				adjacent unincorporated area the population of the annexed territory as
				certified by the city to the state treasurer pursuant to Iowa Code section
				312.3(4).
(3) The use of population
				figures for reprecincting or redistricting shall not affect the official
				population of the city or the county. Only the U. S. Bureau of the Census may
				adjust the official population figures, by corrections or by conducting special
				censuses. See Iowa Code section
				9F.6.
This rule is intended to implement Iowa Code sections
				  49.3 and
				  49.5.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.31 - School Director District Maximum Allowable Deviation Between Director Districts

Current through Register Vol. 47, No. 3, July 24, 2024
Each director district shall have a population that exceeds
				  the population of any other director district by no more than 10 percent.
				  Director district plans with variations in excess of 10 percent between two or
				  more districts shall be accompanied by justification for the deviation and
				  shall be rejected by the secretary of state unless the deviation is necessary
				  to comply with one of the other standards enumerated in Iowa Code section
				  275.23A.
This rule is intended to implement Iowa Code section
				  275.23A.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.32 - City Ward Maximum Allowable Deviation Between City Wards

Current through Register Vol. 47, No. 3, July 24, 2024
Each city ward shall have a population that exceeds the
				  population of any other city ward by no more than 10 percent. City ward plans
				  with variations in excess of 10 percent between two or more wards shall be
				  accompanied by justification for the deviation and shall be rejected by the
				  secretary of state unless the deviation is necessary to comply with one of the
				  other standards enumerated in Iowa Code section
				  372.13, subsection
				  7.
This rule is intended to implement Iowa Code section
				  372.13.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.33 - Redistricting Special Election Blackout Period

Current through Register Vol. 47, No. 3, July 24, 2024
A special election shall not be held on the three Tuesdays
				  preceding and following January 15 of years ending in the number two.
This rule is intended to implement Iowa Code chapter
				  49.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.52 - Request for New Voter Identification Card

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a voter's identification card is lost
				or damaged, the registered voter may request a new card in person at the
				commissioner's office by showing identification, or by a written, signed
				request to the commissioner's office. Upon receiving the request, the
				commissioner shall print and mail a new voter identification card.
(2) If the voter appears in person but does
				not have the correct form of identification, the commissioner shall verify the
				voter's identity by asking the voter to provide at least two of the following
				personal facts:
a. Date of birth;
b. Last four digits of the voter's social
				security number (if the number is stored within I-Voters);
c. Driver's license or nonoperator's
				identification card number (if the number is stored within I-Voters);
d. Address;
e. Middle name;
f. Voter verification number pursuant to Iowa
				Code section
				53.2(4).
Upon the successful verification of the voter, the
				  commissioner shall issue a new copy of the voter identification card over the
				  counter. If the voter is unable to respond correctly to at least two of the
				  questions in this subrule, the commissioner shall not issue a copy of the voter
				  identification to the voter.
This rule is intended to implement 2017 Iowa Acts, House File
				  516, section 18.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.75 - Voting Centers for Certain Elections

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may establish voting centers for the regular
				  city election, city primary election, city runoff election, regular school
				  election, and special elections.
(1)
Definition.
"Voting center"
means a location established
				  by the commissioner for the purpose of providing ballots to all registered
				  voters who are qualified to vote in a particular jurisdiction for a regular
				  city election, city primary election, city runoff election, regular school
				  election, or special election.
(2)
Minimum requirements.
a.
Establishment.
One or more voting centers may be established
				in lieu of precinct polling places for the elections at which the use of voting
				centers is permitted. Regular polling place sites that are accessible to people
				with disabilities may be used as voting centers for any election at which the
				use of voting centers is permitted. Other suitable locations may also be
				used.
b.
Location of
				voting centers.
If voting centers are established for an election, at
				least one voting center must be located within the boundaries of the political
				subdivision for which the election is being conducted. At the commissioner's
				discretion, additional vote centers may be established as long as the voting
				center is located within the boundaries of the political subdivision for which
				the election is being conducted.
c.
Accessibility.
A voting center is subject to the requirements
				of Iowa Code section
				49.21
				relating to accessibility to persons who are elderly and persons with
				disabilities and relating to the posting of signs.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.76 - Electronic Poll Book Training for Poll Workers

Current through Register Vol. 47, No. 3, July 24, 2024
The state commissioner shall create and maintain training
				  materials for poll workers relating to voter identification and the use of
				  electronic poll books. The training materials shall be available from the state
				  commissioner's Web site.
This rule is intended to implement Iowa Code section
				  48A.7A
				  as amended by 2017 Iowa Acts, House File 516, section 16.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.77 - Photographing Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
A voter may not use a photographic device to display a voted
				  ballot if doing so interferes with other voters or the orderly operation of the
				  polling location or violates any part of Iowa Code chapter 39A. The display
				  shall only include the voter and the voter's ballot.
"Interferes," for purposes of this rule, means loitering,
				  congregating, interrupting, or hindering a voter from approaching the poll
				  booth for the purpose of voting, or while the voter is inside the enclosed
				  voting space when marking a ballot.
This rule is intended to implement Iowa Code section
				  49.88
				  as amended by 2017 Iowa Acts, House File 516, section 38.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.100 - Issuance of Technical Infractions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the state
				commissioner becomes aware of an apparent technical violation of a provision of
				Iowa Code chapters 39 through 53, the state commissioner may administratively
				provide a written notice and letter of instruction to the commissioner or other
				responsible person regarding proper compliance procedures.
(2) If a commissioner becomes aware of an
				apparent technical violation of a provision of Iowa Code chapters 39 through
				53, the commissioner shall notify the state commissioner in writing for review
				pursuant to rule 721-21.102 (49). The commissioner shall administratively
				provide a written notice and letter of instruction to the responsible person
				regarding proper compliance procedures only if the commissioner has direct
				supervisory authority over the responsible person.
(3) If the state commissioner sends a notice
				of such a technical infraction to a commissioner, the state commissioner may
				require a written explanation of the occurrence and the measures that the
				person took to redress the issues contained within the notice.
(4) Upon the issuance of a technical
				infraction to a commissioner, the state commissioner shall also impose a fine
				not to exceed $10,000 to be deposited in the general fund. The state
				commissioner shall impose the fine based on the totality of the circumstances
				regarding the apparent technical violation of Iowa Code chapters 39 through 53.
				A commissioner's party affiliation shall not be considered when determining the
				amount of a fine. The state commissioner may consider the number of technical
				infractions previously issued to a commissioner when determining the amount of
				a fine. The state commissioner shall provide an explanation of the amount of
				the fine in the written notice and letter of instruction.
a. The commissioner shall pay a fine issued
				pursuant to Iowa Code section 39A.6, in full or file an appeal pursuant to Iowa
				Code chapter 17A within 60 days. The appeals process shall be the same process
				outlined in 721-Chapter 3.
b. A
				commissioner who fails to pay a fine in full that was not dismissed pursuant to
				Iowa Code chapter 17A shall be suspended from office for a period not to exceed
				two years pursuant to Iowa Code sections 66.7 and 66.8.
c. If a commissioner is suspended pursuant to
				Iowa Code section 39A.6, the state commissioner shall direct the deputy of the
				county commissioner to oversee the functions of the office until the suspension
				is revoked or the office is vacated and a successor is elected. The state
				commissioner may direct the state commissioner's staff to assist in the
				performance of the duties of a suspended commissioner.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.101 - State Commissioner's Review of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receiving credible information that a commissioner may
				  have violated a provision in Iowa Code chapters 39 through 52, the state
				  commissioner shall require the commissioner to provide more information, or
				  certification that the commissioner complied with the relevant law. The
				  determination of credibility is solely at the discretion of the state
				  commissioner. The state commissioner may require a complaining party to provide
				  more information. The state commissioner may reject anonymous complaints
				  without any additional inquiry. If it appears that the complaint originated
				  from the commissioner's office, the state commissioner shall consult with the
				  attorney general before proceeding.
If the state commissioner determines that a commissioner has
				  not sufficiently responded to the inquiry, the state commissioner may issue a
				  notice of infraction pursuant to Iowa Code chapter 39A, or refer the matter to
				  the appropriate law enforcement agency, or both.
This rule is intended to implement Iowa Code section
				  47.1
				  as amended by 2017 Iowa Acts, House File 516, section 41.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.102 - Commissioner's Filings and Notifications to State Commissioner

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commissioner shall certify to the
				state commissioner that all relevant election laws and requirements were
				followed as required by Iowa law. A form for the certification shall be
				published to the state commissioner's Web site, pursuant to 2017 Iowa Acts,
				House File 516, section 41.
(2) The
				commissioner shall report each suspected incidence of election misconduct to
				the state commissioner regardless of proximity to any election, pursuant to
				2017 Iowa Acts, House File 516, section 41(4). The commissioner shall provide
				to the state commissioner all updates as they are received by the commissioner
				from law enforcement.
This rule is intended to implement 2017 Iowa Acts, House File
				  516, section 41.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.103 - Election Misconduct-investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The attorney
				general or county attorney shall investigate allegations of election misconduct
				reported to the attorney general or county attorney. Election misconduct by an
				election official shall also be investigated for prosecution under Iowa Code
				chapter 721.
(2) Upon the
				completion of an investigation required by Iowa Code section 39A.7, the
				attorney general or county attorney shall submit the results of the
				investigation to the state commissioner in writing and explain whether the
				attorney general or county attorney will pursue charges. If the attorney
				general or county attorney will pursue charges, the attorney general or county
				attorney shall report the result of the final disposition of the case to the
				state commissioner.
This rule is intended to implement Iowa Code section
				  39A.7.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.200 - Constitutional Amendments and Public Measures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The order of placement on the ballot for
				constitutional amendments and statewide public measures to be voted upon at a
				single election shall be determined by the state commissioner, and a number
				shall be assigned to each constitutional amendment or statewide public measure
				by the state commissioner.
a. The number
				assigned by the state commissioner to each constitutional amendment or
				statewide public measure to appear on the ballot for a single election shall be
				printed on the ballot immediately preceding and above the words "Shall the
				following amendment to the Constitution (or public measure) be adopted?" or the
				words "Shall there be a Convention to revise the Constitution, and propose
				amendment or amendments to same?"
b. The number assigned by the state
				commissioner shall be printed on the ballot at least 1/8 of an inch high in the
				designated place.
c. Even if only
				one constitutional amendment or statewide public measure is to appear on a
				ballot to be voted upon at a single election, an identifying number shall be
				assigned by the state commissioner and shall be printed on the ballot in the
				prescribed manner.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.202 - Form of Primary Election Ballot

Current through Register Vol. 47, No. 3, July 24, 2024
All primary election ballots shall meet the following
				  formatting requirements:
(1)
Required information.
In addition to other requirements listed
				in the Iowa Code, primary election ballots shall also include the following
				information:
a. The name of the
				election.
b. The name of the party,
				which shall be printed at the top of the ballot in at least 24-point
				type.
c. The name of the
				county.
d. Instructions for how to
				mark the ballot.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.203 - Form of General Election Ballot

Current through Register Vol. 47, No. 3, July 24, 2024
All general election ballots shall meet the following
				  formatting requirements:
(1)
Required information.
In addition to other requirements listed
				in the Iowa Code, general election ballots shall also include the following
				information:
a. The name of the
				election.
b. The name of the
				county.
c. Instructions for how to
				mark the ballot, including instructions for voting on judicial retentions and
				constitutional amendments or public measures.
d. Ballot location of the judges' names and
				any constitutional amendment(s).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.204 - Tabulating Election Results by School District for Merged Area Special Elections

Current through Register Vol. 47, No. 3, July 24, 2024
All results for merged area special elections, including
				  special precinct results, shall be tabulated by school district. To tabulate
				  the special precinct results in this manner, the county commissioner may either
				  program the voting equipment to tabulate the ballots in this manner or manually
				  sort and tabulate the ballots by school district.
This rule is intended to implement Iowa Code chapter
				  260C.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.301 - Absentee Ballot Requests From Voters Whose Registration Records Are "inactive."

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
In
				person.
Absentee voters whose registration records are "inactive" and
				who appear in person to vote, either at the office of the commissioner or at a
				satellite absentee voting station, shall be assigned a status of "active" after
				requesting an absentee ballot.
(2)
By mail.
When a request for an absentee ballot is received by
				mail from a voter whose registration record has been made "inactive" pursuant
				to Iowa Code section
				48A.29,
				the commissioner shall update the voter's residential address to the address
				listed on the absentee ballot request if requested by the voter and assign the
				voter a status of "active."
(3)
Absentee ballots received from a voter subsequently assigned "inactive
				" status.
a. The commissioner shall
				mail an absentee ballot to a voter if a voter's status is changed to "inactive"
				between the time the voter requested an absentee ballot and the time the
				absentee ballots are ready to mail. The commissioner shall also separately
				notify the voter of the requirement to provide identification and proof of
				residence before the ballot can be counted pursuant to paragraph 21.301(3)
				"a"
b. The commissioner shall set
				aside the absentee ballot of a voter whose status is changed to "inactive"
				pursuant to Iowa Code section
				48A.26,
				subsection 6, after the voter has submitted the voter's absentee
				ballot.
c. Pursuant to Iowa Code
				section
				53.31, the
				commissioner shall notify any voter assigned an "inactive" status subsequent to
				requesting or returning an absentee ballot that the voter's absentee ballot has
				been challenged and may be counted only if the voter personally delivers or
				mails a copy of the voter's identification and proof of residence as listed in
				Iowa Code section
				48A.8
				to the commissioner's office before the absentee and special voters precinct
				board convenes to count absentee ballots, or reconvenes to consider challenged
				absentee ballots pursuant to Iowa Code section
				50.22.
				If the commissioner does not receive a copy of the voter's identification
				before the absentee and special voters precinct board reconvenes to consider
				challenged absentee ballots pursuant to Iowa Code section
				50.22,
				the absentee and special voters precinct board shall reject the absentee
				ballot.
This rule is intended to implement Iowa Code sections
				  48A.26,
				  48A.29,
				  48A.37
				  and
				  53.25.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.302 - In-person Absentee Registration

Current through Register Vol. 47, No. 3, July 24, 2024
After the close of voter registration for an election, a
				  person who appears in person to apply for and vote an absentee ballot may
				  register to vote if the person provides proof of identity and residence in the
				  precinct in which the voter intends to vote using identification that meets the
				  requirements set forth in Iowa Code section
				  48A.7A.
				  The voter must also complete an oath of person registering on election day. If
				  the voter does not have appropriate identification, the voter may establish
				  identity and residence using the attestation procedure in Iowa Code section
				  48A.7A,
				  subsection 1, paragraph
"c. "
Otherwise, the person may cast
				  only a provisional ballot pursuant to Iowa Code section
				  49.81.
				  Provisional ballot envelopes shall be used.
This rule is intended to implement Iowa Code section
				  48A.7A.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.303 - Mailing Absentee Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner shall mail the following materials to each
				  person who has requested an absentee ballot:
1. Ballot. The ballot that corresponds to the
				voter's residence, as indicated by the residential address on the absentee
				ballot application.
2. Public
				measure text. The full text of any public measures that are summarized on the
				ballot, but not printed in full.
3.
				Secrecy envelope. Secrecy envelope, if the ballot cannot be folded to cover all
				of the voting ovals, as required by Iowa Code section 53.8(1).
4. Affidavit envelope. The affidavit
				envelope, which shall be marked with the I-Voters-assigned sequence number used
				to identify the absentee request in the commissioner's records.
5. Return envelope. The return envelope,
				which shall be addressed to the commissioner's office and bear appropriate
				return postage or a postal permit guaranteeing that the commissioner will pay
				the return postage and which shall be marked with the I-Voters-assigned
				sequence number used to identify the absentee request in the commissioner's
				records. All domestic return envelope flaps or backs shall also be printed or
				stamped with a notice in substantially the following form: "This ballot will
				only be eligible for counting if it is received by the auditor's office before
				the polls close on election day. Mail the ballot early to make sure it is
				received on time. Track the status of your absentee ballot at
www.sos.iowa.gov
."
6. Delivery envelope. The delivery envelope,
				which shall be addressed to the voter and bear the I-Voters-assigned sequence
				number used to identify the absentee request in the commissioner's records. All
				other materials shall be enclosed in the delivery envelope.
7. Instructions. Absentee voting
				instructions, which shall be in the form required by rule
				721-22.250(52).
8. Receipt. The
				receipt form required by Iowa Code section 53.3, which may be printed on the
				instructions required by numbered paragraph "7" above.
This rule is intended to implement Iowa Code sections 53.8 and 53.17.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.305 - Confirming Commissioner's Receipt of an Absentee Ballot on Election Day

Current through Register Vol. 47, No. 3, July 24, 2024
If a voter's name is on the absentee list prepared pursuant
				  to Iowa Code sections
				  49.72
				  and
				  53.19
				  and the voter appears at the polling place to vote on election day, the
				  precinct election officials may contact the commissioner's office to confirm
				  whether the commissioner has received the voter's absentee ballot. If the
				  precinct election officials are able to confirm either that the commissioner
				  has not received the voter's absentee ballot or that the voter's absentee
				  ballot has been received but cannot be counted due to a defective or incomplete
				  affidavit, the precinct election officials shall permit the voter to cast a
				  regular ballot at the polling place.
After confirming that a voter's absentee ballot has not been
				  received or that a voter's absentee ballot has been received but cannot be
				  counted due to a defective or incomplete affidavit, the commissioner shall mark
				  the voter's absentee ballot as "Void" in the statewide voter registration
				  system. The commissioner shall enter "Voted at polls" in the comment box that
				  appears when the ballot is marked as "Void."
If a voter's absentee ballot is returned to the
				  commissioner's office after being marked as "Void" pursuant to this rule, the
				  absentee ballot shall be rejected by the absentee and special voters precinct
				  board pursuant to Iowa Code section
				  53.25
				  because the voter cast a ballot in person at the polling place.
This rule is intended to implement Iowa Code sections
				  49.72,
				  49.81
				  and
				  53.19.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.306 - Incomplete Absentee Ballot Applications

Current through Register Vol. 47, No. 3, July 24, 2024
If the commissioner receives an absentee ballot request
				  lacking any of the information required by 2017 Iowa Acts, House File 516,
				  section 6(4)(a), the commissioner shall obtain the necessary information by the
				  best means available pursuant to 2017 Iowa Acts, House File 516, section
				  6(4)(a). "Best means available," for the purposes of this rule, means
				  contacting the voter directly by mail, e-mail, or telephone or in person.
				  Commissioners may not use the voter registration system to obtain the
				  information.
(1) If the voter does not
				have current access to the voter identification card, the commissioner shall
				verify the voter's identity by asking the voter to provide at least two of the
				following facts about the voter:
a. Date of
				birth;
b. Last four digits of the
				voter's social security number (if the number is stored within
				I-Voters);
c. Driver's license or
				nonoperator's identification card number (if the number is stored within
				I-Voters);
d. Address;
e. Middle name;
f. Voter verification number pursuant to Iowa
				Code section
				53.2(4).
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.307 - Absentee Ballot Drop Boxes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Video
				surveillance footage retention.
Video surveillance footage recorded
				pursuant to Iowa Code section 53.17(1)
"c"
(4) shall be
				maintained for a period of 22 months for elections in which a federal office
				appears on the ballot, and for 6 months for all other elections, or until there
				are no more pending contests or criminal actions, whichever is later.
(2)
Absentee ballot
				retrieval.
Materials delivered to the ballot drop box shall be
				retrieved in an expeditious manner, but no less often than four times per day
				on days in which voters may deposit a voted ballot in the ballot drop box. The
				ballot drop box does not need to be checked on days in which voters are unable
				to deposit materials into the drop box.
(3)
Notice to voters regarding drop
				box availability.
If a county is providing a ballot drop box for an
				election, the county shall include information regarding the ballot drop box's
				availability, on a form prescribed by the state commissioner, with materials
				mailed to voters pursuant to Iowa Code section 53.8.
This rule is intended to implement Iowa Code section
				  53.17.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.320 - Absentee Voting by Uocava Voters

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies only to absentee voting by persons who are
				  entitled to vote by absentee ballot under the federal Uniformed and Overseas
				  Citizens Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II,
				  "Absent Voting by Armed Forces."
(1)
Definitions.
The following definitions apply to this rule:
"Armed forces, "
as used in this rule, is
				  defined in Iowa Code section
				  53.37(3).
"FPCA"
means the federal postcard absentee
				  ballot application and voter registration form authorized for use in Iowa by
				  Iowa Code section
				  53.38.
"UOCAVA voter "
means any person who is
				  entitled to vote by absentee ballot under the Uniformed and Overseas Citizens
				  Absentee Voting Act (UOCAVA) and Iowa Code chapter 53, division II, "Absent
				  Voting by Armed Forces."
(2)
Requests for absentee
				ballots.
All requests for absentee ballots shall be made in writing.
				Additional requirements for requesting absentee ballots and for processing the
				requests are set forth below.
a.
Forms.
UOCAVA voters may use the following official forms to
				request absentee ballots:
(1) A federal
				postcard absentee ballot application and voter registration form
				(FPCA).
(2) A state of Iowa
				official absentee ballot request form.
(3) For general elections only, a proxy
				absentee ballot application prescribed by the state commissioner of elections
				and submitted pursuant to Iowa Code Supplement section
				53.40(1)
"b. "
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.351 - Receiving Absentee Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner shall carefully account for and protect all
				  absentee ballots returned to the office.
(1)
Note receipt.
The
				commissioner shall write or file-stamp on the return carrier envelope the date
				that the ballot arrived in the commissioner's office. The commissioner shall
				also record receipt of the ballot in I-Voters.
(2)
Temporary storage.
If
				necessary, the commissioner shall immediately put the ballot into a secure
				container, such as a locked ballot box, until the ballots can be moved to the
				secure storage area.
(3)
Secure area.
The commissioner shall deliver the ballots to a
				secure area where returned absentee ballots will be reviewed for completeness
				and defects.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.352 - Review of Returned Envelopes Marked With Affidavits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Personnel. The commissioner may assign
				staff members to complete the review of returned envelopes marked with
				affidavits. Only persons who have been trained for this responsibility shall be
				authorized to review envelopes marked with affidavits.
(2) Review of envelopes marked with
				affidavits. The envelopes marked with affidavits of all absentee ballots
				returned to the commissioner's office shall be reviewed, including those
				returned by the bipartisan team delivering absentee ballots to health care
				facilities, such as hospitals and nursing homes. If a reviewer finds that any
				absentee affidavits returned from any health care facility are incomplete or
				defective, the commissioner shall send the bipartisan delivery team back to
				assist voters as needed with completing affidavits or to deliver any
				replacement ballots.
(3)
				Instructions. Each reviewer shall receive instructions in substantially the
				form prepared by the state commissioner of elections. The instructions shall
				provide basic security and procedural guidance and include a method for
				accounting for all returned absentee ballots. The prohibitions shall include:
a. Leaving unsecured ballots
				unattended.
b. Altering any
				information on any affidavit.
c.
				Adding any information to any affidavit, except as specifically required to
				comply with the requirements of the law.
d. Sealing any envelope marked with the
				affidavit that is found open.
e.
				Discarding any return carrier envelopes, ballots, or envelopes marked with
				affidavits that are returned by voters.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.353 - Opening the Return Carrier Envelopes That Are Not Marked With Voters' Affidavits

Current through Register Vol. 47, No. 3, July 24, 2024
If the commissioner is using return carrier envelopes that
				  are not marked with voters' affidavits, the commissioner may direct a staff
				  member to open the return carrier envelopes either manually or with an
				  automatic letter opener, if one is available. Only a trained reviewer may
				  remove the contents of the return carrier envelope. The return carrier
				  envelopes opened and emptied pursuant to this rule shall be stored for 22
				  months for federal elections and 6 months for local elections in a manner that
				  will facilitate retrieval, if necessary.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.354 - Review Rocpess

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Examination of
				envelope marked with affidavit. The reviewer shall make sure that:
a. The envelope marked with the affidavit is
				sealed, apparently with the ballot inside.
b. The envelope marked with the affidavit has
				not been opened and resealed.
c.
				The affidavit includes the voter's signature.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.355 - Notice to Voter

Current through Register Vol. 47, No. 3, July 24, 2024
When the commissioner finds an incomplete absentee ballot
				  affidavit or finds a defective envelope marked with the affidavit, the
				  commissioner shall notify the voter in writing and, if possible, by telephone
				  and by e-mail. The commissioner shall keep a separate checklist for each voter
				  showing the reasons for which the voter was contacted and the methods used to
				  contact the voter.
(1) Notice to voter
				-incomplete ballot affidavit. Within 24 hours after receipt of an absentee
				ballot with an incomplete affidavit, the commissioner shall send a notice to
				the voter at the address where the voter is registered to vote, as well as to
				the address where the ballot was sent, if it is a different address. The notice
				shall include:
a. Explanation that the voter's
				absentee ballot affidavit is missing the voter's signature.
b. The voter's options for completing the
				affidavit as follows:
(1) Completing the
				affidavit at the commissioner's office by 5 p.m. the day before the
				election;
(2) Requesting a
				replacement ballot pursuant to Iowa Code section
				53.18;
				or
(3) Voting at the polls on
				election day.
c. Address
				of commissioner's office, business hours and contact information.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.361 - Rejection of Absentee Ballot

Current through Register Vol. 47, No. 3, July 24, 2024
The absentee and special voters precinct board shall reject
				  absentee ballots without opening the envelope marked with the affidavit if any
				  of the conditions cited in Iowa Code section
				  53.25
				  exist.
(1) An absentee ballot shall be
				rejected if the affidavit lacks the voter's signature.
(2) An absentee ballot shall be rejected if
				the applicant is not a duly registered voter in the precinct in which the
				ballot is cast. "Precinct" means a precinct established pursuant to Iowa Code
				sections
				49.3 through
				49.5 or a
				consolidated precinct established by the commissioner pursuant to Iowa Code
				section
				49.11,
				subsection 3, paragraph"a."
(3) An
				absentee ballot shall be rejected if the envelope marked with the affidavit is
				open.
(4) An absentee ballot shall
				be rejected if the envelope marked with the affidavit has been opened and
				resealed.
(5) An absentee ballot
				shall be rejected if the envelope marked with the affidavit contains more than
				one ballot of any kind.
(6) An
				absentee ballot shall be rejected if the voter has voted in person at the
				polls.
This rule is intended to implement Iowa Code section
				  49.9
				  and section
				  53.25
				  as amended by 2014 Iowa Acts, House File 2366, division II.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.400 - Signature Requirements for Certain Cities

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to cities which have all of the following
				  characteristics:
1. Nomination
				procedures under Iowa Code section 376.3 are used. (This includes cities with
				primary or runoff election provisions. It does not include cities with
				nominations under Iowa Code chapter 44 or 45.)
2. Some or all council members are voted upon
				by the electors of wards, rather than by the electors of the entire
				city.
3. Ward boundaries have been
				changed since the last regular city election at which the ward seat was on the
				ballot.
4. The number of wards has
				not changed.
Calculation of the number of signatures for ward seats shall
				  use the vote totals from the wards as the wards were configured at the time of
				  the last regular city election at which the ward seat was on the ballot.
This rule is intended to implement Iowa Code section
				  376.4.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.401 - Signature Requirements in Cities With Primary or Runoff Election Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
In cities using the provisions of Iowa Code section
				  376.4 for nomination of
				  candidates and in which more than one council member was elected at-large at
				  the last preceding regular city election, the number of signatures shall be
				  calculated by the following formula:
V = the total number of votes cast for all candidates for
				  council member at-large at the last regular city election;
E = the number of people to be elected at the last regular
				  city election;
V/E x.02 = the number of signatures needed by each candidate
				  in the next regular city election.
This rule is intended to implement Iowa Code section
				  376.4.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.402 - Filing Deadline for Charter Commission Appointment Petition

Current through Register Vol. 47, No. 3, July 24, 2024
If a special election has been called by a city to present to
				  the voters the question of adopting a different form of city government,
				  receipt by the city council of a petition requesting appointment of a charter
				  commission shall stay the special election if the petition is received no later
				  than 5 p.m. on the Friday preceding the date of the special election.
This rule is intended to implement Iowa Code section
				  372.3.
Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 21 - Election Forms and Instructions › Rule 721-21.403 - Special Elections to Fill Vacancies in Elective City Offices for Cities That May Be Required to Conduct Primary Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice to the
				commissioner.
At least 60 days before the proposed date of the special
				election, the city council shall give written notice to the commissioner who
				will be responsible for conducting the special election.
a. If the commissioner finds no conflict with
				other previously scheduled elections, or with other limitations on the dates of
				special elections, the commissioner shall immediately notify the council that
				the date has been approved.
b. No
				special city elections to fill vacancies for cities that may be required to
				conduct primary elections shall be held with the general election, with the
				primary election, or with the annual school election. To do so would be
				contrary to the provisions of Iowa Code section
				39.2.