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STATE OF IOWA KIM REYNOLDS GOVERNOR Jne,025 TeHnoaleaulte Sceayofaeofoa Saeaitl DsMins,owa019 Darr.Scer, Ierbyrni:
House File 928 - Enrolled House File 928 AN ACT RELATING TO THE RECOUNTING AND CONTESTING OF ELECTIONS, AND PROVIDING PENALTIES.
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•,:/ % • I➢l il I tllIlltlIll IlUI1 I I ll I i I191 1'71!l71 I!711 l !791 I I! l ill 71 71IIIiI1 {1I! House File 928 AN ACT RELATING TO THE RECOUNTING AND CONTESTING OF ELECTIONS, AND PROVIDING PENALTIES.
If the second day following such an election is a legal holiday the special precinct election board may be convened at noon on the day following the election, and if the canvass of the election is scheduled at any time earlier than the Menda-y Tuesday following the election, the special precinct election board shall be reconvened at noon on the day following the election.
If the second day following such an election is a legal holiday the special precinct election board may be convened at noon on the day following the election, and if the canvass of the election is scheduled at any time earlier than the Monday Tuesday following the election, the special precinct election board shall be reconvened at noon on the day following the election.
Section 50.24, subsections 1 and 4 , Code 2025, are amended to read as follows:
Section 50.24, subsections 1 and 4, Code 2025, are amended to read as follows:
The votes of all write-in candidates who each received less than five percent of the total votes cast in the city for an office shall be reported collectively under the heading "scattering".
The votes of all write-in candidates who each received less than five percent of the total votes cast in the city for an office shall be reported collectively under the heading “scattering”.
Section 50.24, subsection 5 , paragraph a , Code 2025, is amended to read as follows:
Section 50.24, subsection 5, paragraph a, Code 2025, is amended to read as follows:
The votes of all write-in candidates who each received less than five percent of the total votes cast in the school district for an office shall be reported collectively under the heading -scattering".
The votes of all write-in candidates who each received less than five percent of the total votes cast in the school district for an office shall be reported collectively under the heading “scattering”.
Section 50.48, subsection 1 , paragraph a, unnumbered paragraph 1 , Code 2025, is amended to read as follows:
Section 50.48, subsection 1, paragraph a, unnumbered paragraph 1, Code 2025, is amended to read as follows:
Thre Except as provided in paragraph "c", the county board of canvassers shall order a recount of the votes cast for House File 928, p.
The Except as provided in paragraph “c”, the county board of canvassers shall order a recount of the votes cast for House File 928, p.
on the third day following the county board's canvass of the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is less than either one percent or fifty votes, whichever is lesser.
on the third day following the county board’s canvass of the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is less than either one percent or fifty votes, whichever is lesser .
on the day following the county board's canvass of the city runoff election.
on the day following the county board’s canvass of the city runoff election.
Section 50.48, subsection 1 , Code 2025, is amended by adding the following new paragraphs:
Section 50.48, subsection 1, Code 2025, is amended by adding the following new paragraphs:
NEW PARAGRAPH.
NEW PARAGRAPH .
on the day following the county board's canvass of the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is less than fifteen hundredths of one percent for the election or nomination of a candidate for a statewide elected office or federal office, or less than either one percent or fifty votes, whichever is lesser, for all other elections or nominations.
on the day following the county board’s canvass of the election in question and the abstracts prepared pursuant to section 50.24, or section 43.49 in the case of a primary election, indicate that the difference between the total number of votes cast for the apparent winner and the total number of votes cast for the candidate requesting the recount is less than fifteen hundredths of one percent for the election or nomination of a candidate for a statewide elected office or federal office, or less than either one percent or fifty votes, whichever is lesser, for all other elections or nominations.
_ candidate for an office filled by the electors of the entire state shall not be required to pay more than one bond for a recount.
A candidate for an office filled by the electors of the entire state shall not be required to pay more than one bond for a recount.
NEW PARAGRAPH.
NEW PARAGRAPH .
Immediately upon receipt of a request for a recount for an office filled by the electors of more than one county, other than from the state commissioner of elections pursuant to paragraph -c-, the commissioner shall send a copy of the request to each commissioner of a county where a ballot for the office was cast, who shall conduct a recount as provided in this section.
Immediately upon receipt of a request for a recount for an office filled by the electors of more than one county, other than from the state commissioner of elections pursuant to paragraph “c”, the commissioner shall send a copy of the request to each commissioner of a county where a ballot for the office was cast, who shall conduct a recount as provided in this section.
Section 50.48, subsection 2 , Code 2025, is amended by striking the subsection.
Section 50.48, subsection 2, Code 2025, is amended by striking the subsection.
Section 50.48, subsections 3 and 4 , Code 2025, are amended to read as follows:
Section 50.48, subsections 3 and 4, Code 2025, are amended to read as follows:
The recount shall be conducted by a board which shall consist of-­ r be named in the written requeot when it i3 filed.
The recount shall be conducted by a board which shall consist of:
be nafRed--by, that eanddidate at be€ere t-c time the board is required to convene.
(1) A designee of the candidate requesting the recount, who shall be named in the written request when it is filed.
under 3ubparagraph3 (1) and (2) the commissioner and the commissioner's staff.
(2) A designee of the apparent winning candidate, who shall be named by that candidate at or before the time the board is required to convene.
(3) A person chosen jointly by the members designated under subparagraphs (1) and (2) the commissioner and the commissioner’s staff.
The commissioner shall convene the persons designated under paragraph "a -, subparagraph3 () and (2), not later than 9:00 a.m.
The commissioner shall convene the persons designated under paragraph “a”, subparagraphs (1) and (2), not later than 9:00 a.m.
on the seventh day following the county board's canvass receipt of a request for the recount of the election in question.
on the seventh day following the county board’s canvass receipt of a request for the recount of the election in question.
if these—twe ro 9 House File 928, p.
If those two members cannot agree on House File 928, p.
6 eanvass, they shall immediately se netify the chief judge of shall a-ppeint the third —-faber net later than 5:00 p.m.
6 the third member by 8:00 a.m.
on the e-1 evcnth day following the anva33.
on the ninth day following the canvass, they shall immediately so notify the chief judge of the judicial district in which the canvass is occurring, who shall appoint the third member not later than 5:00 p.m.
on the eleventh day following the canvass.
When all members of the recount board have been 3cicctcd convened, the board shall undertake and complete the required recount as expeditiously as reasonably possible.
When all members of the recount board have been selected convened, the board shall undertake and complete the required recount as expeditiously as reasonably possible.
The commissioner or the commissioners designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage.
The commissioner or the commissioner’s designee shall supervise the handling of ballots to ensure that the ballots are protected from alteration or damage.
The board Shall open only the reeeunted in the request er by the reeeunt beard.
The board shall open only the sealed ballot containers from the precincts specified to be recounted in the request or by the recount board.
The board shall recount all ballots which were voted and counted for the office in question, including any disputed ballots returned as required in section 50.5.
The board shall recount only the all ballots which were voted and counted for the office in question, including any disputed ballots returned as required in section 50.5.
If automatic tabulating equ±pment was used t e eeunt the ballets, the eeunt word may request the eemm±ss±ener- te retabulate the ballets usinq the automatic tabulating equipment.
If automatic tabulating equipment was used to count the ballots, the recount board may request the commissioner to retabulate the ballots using the automatic tabulating equipment.
For purposes of this paragraph, -extraordinary circumstances" includes but is not limited to a machine failure during an initial recount, a discrepancy between the results of the initial count and the results of the initial recount, House File 928, p.
For purposes of this paragraph, “extraordinary circumstances” includes but is not limited to a machine failure during an initial recount, a discrepancy between the results of the initial count and the results of the initial recount, House File 928, p.
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Any member of the recount board may at any time during the reeeunt preeeedings extend thereeeunt-ef votes east fer reported to the commissioner re3pon3ible for conducting the e:
Any member of the recount board may at any time during the recount proceedings extend the recount of votes cast for the office or nomination in question to any other precinct or precincts in the same county, or from which the returns were reported to the commissioner responsible for conducting the election, without the necessity of posting additional bond.
c.
At the conclusion of the recount, the recount board shall make and file with the commissioner a written report of its findings, which shall be signed by at least t -we two-thirds of the members of the recount board.
At the conclusion of the recount, the recount board shall make and file with the commissioner a written report of its findings, which shall be signed by at least two two-thirds of the members of the recount board.
The recount board shall complete the recount and file its report not later than the eighteenth day following the commissioner's receipt of a request for the recount of the election in question.
The recount board shall complete the recount and file its report not later than the eighteenth day following the county board’s canvass commissioner’s receipt of a request for the recount of the election in question.
NEW SUBSECTION.
NEW SUBSECTION .
b, If the state commissioner believes that a commissioner is purposefully conducting a recount in violation of law, the state commissioner may impose a civil penalty on the commissioner not to exceed twenty-five thousand dollars, to be deposited in the general fund of the state.
b.
If the state commissioner believes that a commissioner is purposefully conducting a recount in violation of law, the state commissioner may impose a civil penalty on the commissioner not to exceed twenty-five thousand dollars, to be deposited in the general fund of the state.
Before a recount board has issued its final report, the candidate or person who requested the recount may reach an agreement with the apparent winner to accept the results of the original canvass by submitting the agreement in House File 928, .
Before a recount board has issued its final report, the candidate or person who requested the recount may reach an agreement with the apparent winner to accept the results of the original canvass by submitting the agreement in House File 928, p.
Section 50.49, subsection 1 , Code 2025, is amended to read as follows:
Section 50.49, subsection 1, Code 2025, is amended to read as follows:
Section 50.49, subsection 4 , Code 2025, is amended by striking the subsection.
Section 50.49, subsection 4, Code 2025, is amended by striking the subsection.
50.50 Administrative rccounts audits.
50.50 Administrative recounts audits.
The commissioner who was responsible for conducting an election may request an administrative rccount audit when the commissioner is informed or suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct.
The commissioner who was responsible for conducting an election may request an administrative recount audit when the commissioner is informed or suspects that voting equipment used in the election malfunctioned or that programming errors may have affected the outcome of the election, or if the precinct election officials report counting errors to the commissioner after the conclusion of the canvass of votes in the precinct.
An administrative rccount audit shall be conducted by the board House File 928, p.
An administrative recount audit shall be conducted by the board House File 928, p.
Bond shall net be required fer a n —administrative --reeeunt--.
Bond shall not be required for an administrative recount.
The state commissioner may adopt rules for administrative recounts audits.
The state commissioner may adopt rules for administrative recounts audits .
if the r-eee•nt beard finds that there is an errer in the pregramffling ef an veting equipment whieh may have fleau=r—enn the ballet, h e reeetint- beard shalld-eseribe the r.
If the recount board finds that there is an error in the programming of any voting equipment which may have affected the outcome of the election for any office or public measure on the ballot, the recount board shall describe the errors in its report to the commissioner.
The commissioner Shall notify the board of 3upervi3or3.
The commissioner shall notify the board of supervisors.
The 3upervisors Shall determine whether to erder an administrative reeeunt fer any or all of the offices and public m a3ures on the ballot.
The supervisors shall determine whether to order an administrative recount for any or all of the offices and public measures on the ballot.
57.7 Contest court for contest of public measure — appeal.
57.7 Contest court for contest of public measure —— appeal.
The court for the trial of a contested election on a public measure shall consist of one per3on designated by be designated in writing—by e petitieners at th.
The court for the trial of a contested election on a public measure shall consist of one person designated by the petitioners who are contesting the election, who shall be designated in writing by the petitioners at the time the contest is filed, one person designated by the county commissioner of elections to represent the interests adverse to those of the petitioners, and a third person who shall be chosen jointly by the designees of the petitioners and of the commissioner.
time t h eentesti ls e d , one persen designated by the eeunty commi33ioncr of election3 to rcpre3cnt the intcre3ts advcr3c to tho3e of the petitioners, and a third per3on who 3hall be conte3t i3 filed shall appoint a third per3on to serve five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year.
If the persons selected by the petitioners and the county commissioner of elections cannot agree on a third person, the chief judge of the judicial district in which the contest is filed shall appoint a third person to serve five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year .
The judgment of the committee pronounced in the final decision on the election shams—bc conclu3ive may be appealed to the supreme court.
The judgment of the committee pronounced in the final decision on the election shall be conclusive may be appealed to the supreme court.
The court for the trial of contested elections for presidential electors or for the office of senator or representative in Congress shall consist of the chief ju3ticc court, and four five judges of the district court to be selected by the chief justice of the supreme court by January of each odd-numbered year, two three of whom, with the chief j-u3ticc, shall constitute a quorum for the transaction of the business of the court.
The court for the trial of contested elections for presidential electors or for the office of senator or representative in Congress shall consist of the chief justice of the supreme court, who shall be presiding judge of the court, and four five judges of the district court to be selected by the chief justice of the supreme court by January 30 of each odd-numbered year, two three of whom, with the chief justice, shall constitute a quorum for the transaction of the business of the court.
if the eh±ef justiee sheuld f ary eause be unable te attend at the trial, the Judge lengest en justiee, and any quest±en arising as te the membership ef t -e eeurt shall be d7etermined by the members of the t net interested in the question The district court judge longest serving shall be the presiding judge of the court.
If the chief justice should for any cause be unable to attend at the trial, the judge longest on the supreme court bench shall preside in place of the chief justice;
and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question The district court judge longest serving shall be the presiding judge of the court.
The secretary of 3tatc clerk of the supreme court shall be the clerk of the court, or, in the secretary of state's ab3cnco er inability te aet, the cleric of the suprcme court.
The secretary of state clerk of the supreme court shall be the clerk of the court, or, in the secretary of state’s absence or inability to act, the clerk of the supreme court .
60.6 Judgment — appeal.
60.6 Judgment —— appeal.
and the judgment so rendered shall eenstitäte-a-final dete minatien e f -the tree to the office may be appealed to the supreme court, and a certificate of appointment shall be issued to the successful House File 928, p.
and the judgment so rendered shall constitute a final determination of the title to the office may be appealed to the supreme court, and a certificate of appointment shall be issued to the successful House File 928, p.
The occrctary of state clerk of the supreme court shall be the clerk of this court;
The secretary of state clerk of the supreme court shall be the clerk of this court;
but if the person holding that office a:9a party te t h e , .
but if the person holding that office is a party to the contest, the clerk of the supreme court, or, in case of that person’s absence or inability, the auditor of state shall be clerk .
er, in case of that person "3 ab3cnce or inability, the auditor of otate shall be clerk.
Upon the filing of such 3tatcmcnt, the The chief justice of the supreme court shall select the membership of the court to try such conte3t by January 30 of each odd-numbered year, and immediately certify such selection to the clerk of the supreme court.
Upon the filing of such statement, the The chief justice of the supreme court shall select the membership of the court to try such contest by January 30 of each odd-numbered year, and immediately certify such selection to the clerk of the supreme court.
61.12 Judgment filed — execution.
61.12 Judgment filed —— execution.
A transcript of the judgment rendered by such court, filed in the office of the clerk of the supreme court, shall have the force and effect of a judgment of the supreme court, except that the judgment of the court may be appealed to the supreme court, and execution may issue therefrom in the first instance against the party's property generally.
A transcript of the judgment rendered by such court, filed in the office of the clerk of the supreme court, shall have the force and effect of a judgment of the supreme court, except that the judgment of the court may be appealed to the supreme court, and execution may issue therefrom in the first instance against the party’s property generally.
The court for the trial of contested county elections shall consist of House File 928, p .
The court for the trial of contested county elections shall consist of one member named by the contestant and one member named by the incumbent.
12 deign ate the seee--d—ember within e ir- +eek after the Lief judge is tified These—t:aie—embes shall meet within thre-e days and 3cicct a third member to 3crve as the presiding member of the e they etagree—en the—t ird- member e m he court within three days a -tcr their initial meeting, the chief judge-ef the-Judie al disciiemssThrall be—netifrcd—ef the failure te agree.
If the incumbent fails to name a House File 928, p.
The ehief judge shall des-gnate the presidding member within ene week after the ehief judge is netified a district court judge from the judicial district where the county election is being contested, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year.
12 member, the chief judge of the judicial district shall be notified of the failure to appoint.
The chief judge shall designate the second member within one week after the chief judge is notified.
These two members shall meet within three days and select a third member to serve as the presiding member of the court.
If they cannot agree on the third member of the court within three days after their initial meeting, the chief judge of the judicial district shall be notified of the failure to agree.
The chief judge shall designate the presiding member within one week after the chief judge is notified a district court judge from the judicial district where the county election is being contested, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year .
House File 928, p .
House File 928, p.
PAT GRASSL Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 928, Ninety-first General Assembly.
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 928, Ninety-first General Assembly.
•0/ '1 4M L/ •_ MEGINN NELSON Chief Clerk A p p r o v e jif" ?/ , 2025 KIM REYNOLDS Governor
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2025 ______________________________ KIM REYNOLDS Governor
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