Iowa Administrative Code

1.4(1) The secretary of state is the state commissioner of elections and the deputy is the deputy state commissioner of elections. 1.4(2) There is an election department in the office under the supervision of a director of elections. The director is under the supervision of the s…

1.5(1) The state land office is a part of the general office and is under the supervision of a land records officer. A record of all lands owned by the state of Iowa, the original land surveys and plats are part of the records. 1.5(2) Patents issued by the state of Iowa are prepa…

1.6(1) The business services division processes all applications for notary public commissions and on expiration of commissions sends out applications for renewal and processes their return. The commission is signed by the secretary of state. 1.6(2) The division also issues certi…

bills introduced in the legislature as well as all bills enacted into law and signed by the governor. Any bill that calls for publication is sent to the designated newspapers. The Constitution of Iowa and all amendments are kept in this office. For location see 1.1(1).

process agent upon whom the service of original notices in law suits may be made. The filing of the original notices is handled by the business services division. For location see 1.2(3). [ARC 7059C, IAB 8/23/23, effective 9/27/23]

appointed officials, and appointees to various boards and commissions are filed in the general office. The records officer is in charge of this function. For location and telephone number see 1.5(3). [ARC 7059C, IAB 8/23/23, effective 9/27/23]

suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. [ARC 5811C, IAB 7/28/21, effective 9/1/21]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 10.10(1) Agency discretion…

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the agency is authorized or r…

be withdrawn, canceled, or modified if, after appropriate notice and hearing, the agency issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or de…

the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue. [ARC 5811C, IAB 7/28/21, effective 9…

its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked. [ARC 5811C, IAB 7/28/21, effective 9/1/21]

petition may be taken in accordance with Iowa Code chapter 17A. [ARC 5811C, IAB 7/28/21, effective 9/1/21] These rules are intended to implement Iowa Code section 17A.9A. [Filed emergency 2/2/01—published 2/21/01, effective 2/2/01] [Filed 4/19/01, Notice 2/21/01—published 5/16/01…

process for the granting of individual waivers from rules adopted by the agency in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the mo…

jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The agency may not waive requirements created or duties imposed by statute.

the agency may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the agency finds, based on clear and convincing evidence, all of the following: 1. The application of the rule would impose an undue hardship on the person for whom the …

follows: 10.5(1) License or authorization application. If the petition relates to a license or authorization application, the petition shall be made in accordance with the filing requirements for the license or authorization in question. 10.5(2) Contested cases. If the petition r…

applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is requested. 3…

agency may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the agency may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person meeting be…

that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the agency may give notice to other persons. To acc…

regarding contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to agency proceedings for a waiver only when the agency so provides by rule or order or is required to do so by statute.

are adopted by reference. [ARC 2962C, IAB 3/1/17, effective 4/5/17]

to a disaster in accordance with Iowa Code section 29C.24, an entity shall file with the secretary of state the following information, from the secretary of state’s prescribed form for out-of-state corporations for disaster recovery. 1. Name. 2. State of domicile. 3. Principal bu…

secretary of state shall transmit the information to the Iowa department of revenue and the Iowa homeland security and emergency management department. The secretary of state shall provide the information to other state and local government agencies at their request. [ARC 2962C, …

of state website: sos.iowa.gov. [ARC 7059C, IAB 8/23/23, effective 9/27/23]

secretary of state’s office shall be in writing addressed to the secretary of state. The complaint or objection may be either mailed or hand delivered. Oral complaints or objections will be handled through an informal procedure by the secretary or secretary’s designee with the co…

payment of services provided by the secretary of state. A user of a service provided by the secretary of state may make payment for the service by authorizing a charge to be made upon an account held by the user. 2.3(1) The secretary of state may prescribe and furnish forms for t…

2.4(1) “Lawful custodian” shall include the secretary of state and staff personnel authorized by the secretary of state. 2.4(2) No person, except the lawful custodian, shall place a mark upon, or in any manner damage, deface, alter, or destroy a public record. 2.4(3) Examination …

telecopier to persons who hold an account authorized by the secretary of state pursuant to rule 721—2.3(17A). In addition to any fee imposed by statute for reproduction of the record, the secretary of state shall charge to the account a fee of $1 per page to offset the cost of th…

of the state commissioner of elections the deputy secretary of state shall perform all of the duties of the state commissioner of elections. In the absence or disability of the county commissioner of elections the deputy county auditor shall perform all of the duties of the count…

commissioner of elections may appoint the city clerks of the cities within the county as special deputies to assist in the conduct of elections. However, the county commissioner of elections shall bear full responsibility for all acts of the special deputies as they relate to ele…

emergency powers over any election being held in a district in which either a natural or other disaster or extremely inclement weather has occurred. The state commissioner may also exercise emergency powers during an armed conflict involving United States armed forces, or mobiliz…

qualified as a political party may file an application for determination of political party status with the state commissioner of elections. The application may be filed after the completion of the executive council’s canvass of votes for the general election, but not later than …

21.100(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 …

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 …

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…

DIVISION II BALLOT PREPARATION

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 Official and given to Voter) Voter’s Name: _________________…

deadline for receipt of absentee ballots. 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 a…

deadline for receipt of absentee ballots. 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) …

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) Notice to state commissioner of elections req…

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 ord…

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…

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.

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…

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 name of the party, which shall be printed at th…

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 name of the county. c. Instructions for how to mark the b…