Chapter 21. ELECTION FORMS AND INSTRUCTIONS

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…

21.102(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 website, pursuant to 2017 Iowa Acts, House File 5…

21.103(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. 21.103(2…

Each voter who is required to vote a provisional ballot at the polls on election day shall be given a statement from the precinct election officials which shall be in substantially the following form: Statement to Person Casting a Provisional Ballot (To be completed by Precinct O…

When the United States post office is closed in observance of a federal holiday and is not delivering mail on the deadline for receipt of absentee ballots as set forth in Iowa Code sections 9E.6 and 53.44, the deadline to receive mailed absentee ballots that are determined to hav…

21.13(1) When the United States post office is closed on a Monday that is also the deadline for receipt of absentee ballots, the county board of canvassers may hold the canvass on the Tuesday or Wednesday following the election. 21.13(2) When the United States post office is clos…

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. 21.14(1) Not…

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 commissio…

Absentee ballot applications and affidavits of candidacy may be submitted electronically using either fax or email. 21.2(1) Electronic copies of absentee ballot applications and affidavits of candidacy accepted for filing. Assuming that all other legal requirements are met, absen…

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 co…

21.200(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 meas…

21.201(1) Nominations by convention and by petitions. If one or more nomination petitions are received from nonparty political organization candidates for an office for which the same organization has also nominated one candidate by convention, the candidate nominated by conventi…

All primary election ballots shall meet the following formatting requirements: 21.202(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 nam…

All general election ballots shall meet the following formatting requirements: 21.203(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 nam…

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 manne…

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 th…

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 website to record the request and resolution thereof. The commissioner shall complete the …

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 aft…

21.3(1) Identification documents for persons other than election day registrants. a. Unless the person is registering to vote at the polls on election day, precinct election officials shall accept the identification documents listed in Iowa Code section 48A.8 and 2017 Iowa Acts, …

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…

21.300(1) Establishment of stations. Satellite absentee voting stations may be established by a petition of eligible electors of the jurisdiction conducting the election. a. Satellite absentee voting stations established after receipt of a valid petition. A petition requesting a …

21.301(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. 21.301(…

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 …

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 t…

A voter who requests an absentee ballot and is assigned a status of “pending” must provide identification pursuant to Iowa Code section 48A.8. 21.304(1) In-person applicants. In-person applicants for absentee ballots assigned a status of “pending” must show identification pursuan…

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 rece…

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, sect…

21.307(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, …

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 deviat…

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…

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.” 21.320(1) Definitions. The follo…

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. [ARC 9893B, IAB 11/30/11, effective 11/9/11] 721—21.34 to 21.49 Reserved.

Rescinded IAB 9/26/07, effective 9/7/07.

The commissioner shall carefully account for and protect all absentee ballots returned to the office. 21.351(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 …

21.352(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. 21.352(2) Review of envel…

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 …

21.354(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 include…

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 email. The commissioner shall keep a separate checklist for each v…

The commissioner may only direct the absentee and special voters precinct board to open envelopes marked with affidavits on the Monday before election day under the following circumstances: For any election, only if the commissioner has provided secrecy envelopes (or folders) pur…

Rescinded IAB 4/20/11, effective 3/31/11.

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. 21.361(1) An absentee ballot shall be rejected if the affidavit lacks the voter’s s…

21.362(1) The commissioner shall conduct, not later than the day before each election, a training course necessary and appropriate to the roles of all election personnel. The personnel shall include all precinct election officials and any other persons who will be employed in or …

Rescinded IAB 8/1/07, effective 7/1/07.

Rescinded IAB 8/1/07, effective 7/1/07.

Rescinded IAB 8/1/07, effective 7/1/07.

Rescinded IAB 8/1/07, effective 7/1/07.

Rescinded IAB 8/1/07, effective 7/1/07.