Iowa Administrative Code

10/8/08, effective 9/19/08.

10/8/08, effective 9/19/08.

1/1/03.

9/19/08.

certification of voting equipment for use in the state of Iowa shall apply to the secretary of state for an appointment with the examiners. The application shall include five copies of each of the following: 22.5(1) History of the equipment to be examined. This history shall incl…

include detailed plans to protect the election equipment and data from unauthorized access. The policy shall describe the methods to be used to preserve the integrity of the election and to document the election process. 22.50(1) Staff access. The security policy shall describe w…

These rules are intended to implement Iowa Code chapter 52. E-POLL BOOKS

memory storage devices are required: 22.51(1) Serial number. Each memory storage device shall have a serial number printed on a readily visible label. The label shall include the name of the county. 22.51(2) Inventory. Memory storage devices owned by the county and retained in th…

immediately cease using any malfunctioning voting equipment and report the problem to the commissioner. Only a person who is authorized in writing by the commissioner to do so shall be permitted to attempt to repair malfunctioning voting equipment. The person shall show identific…

OPTICAL SCAN VOTING SYSTEMS

shall immediately forward copies of the application to each of the examiners. The examiners shall review the application and within seven days a date shall be set for the examiners to meet and examine the equipment. If additional information is needed by the examiners, they may d…

place modernization panel to review applications submitted to the state commissioner for distribution of moneys from the revolving loan fund created by 2017 Iowa Acts, House File 516, section 37, to be codified at Iowa Code section 47.11. 22.600(1) Definitions. “E-poll book” is a…

22.601(1) Definitions. “E-poll book” is as defined in rule 721—22.1(52). “Vendor,” for purposes of this rule, means a person or representative of a person developing, offering, or supporting an e-poll book. 22.601(2) Operational features. When assessing applications for funding f…

those funded by county moneys, shall conform to the following security standards. 22.602(1) Definitions. “E-poll book” is as defined in rule 721—22.1(47). “Secure,” for purposes of this rule, means “encryption” as defined by Iowa Code section 715C.1(5). “Vendor,” for purposes of …

a system meets the requirements of Iowa law or whether a change to a voting system is de minimis or a modification, the examiners shall notify the vendor of the decision. The vendor may suggest the names of reliable independent test authorities to the examiners and may decline to…

the equipment to determine the nature of the experience of other users.

necessary by the examiners, production models of the equipment submitted for certification. The equipment shall be prepared by the examiners with the aid of the vendor to be tested at two sample elections: a sample partisan primary election, and a sample general election. 22.9(1)…

“Agency” means a voter registration agency as defined in Iowa Code section 48A.19 and the offices of each county auditor. “Applicant” means a person who is provided an application for services or assistance by a voter registration agency. This includes persons who have been accep…

23.10(1) Ineligible minor applicants. An agency that has applicants who are ineligible to vote because they are minors shall not offer an opportunity to register to vote to applicants who the agency has validated are under the age of 17. The agency must still offer information ab…

voter registration services to applicants for services, such as licenses issued by the auditor’s office. These offices are required to provide declination forms to each person who is offered the opportunity to register to vote when applying for services at the auditor’s office. T…

voter registration and for application for services is encouraged. These forms shall be approved by the voter registration commission. Otherwise, the Iowa mail registration form shall be used. Agencies, such as military recruiting offices, which serve a substantial number of appl…

substantially the following form: STATE OF IOWA Voter Registration Information You can apply to register to vote when you apply for assistance. This agency is required to offer you the chance to register to vote. Registration Rules—You must be registered before you can vote in an…

23.4(1) The agency may offer the opportunity to register to vote orally and record the applicant’s responses electronically. The agency shall ask each applicant the following questions: “Did you receive a copy of the Voter Registration Information brochure?” If the applicant has …

agency receiving them for 22 months after the next general election following receipt of the form. Declination forms signed during the ten days before a general election, when registration is closed, shall be retained for 22 months after the general election to be held in two yea…

721—23.10(48A), who receive an application for services or assistance from a designated voter registration agency shall be given, along with the application, a voter registration form and the declination form described in rule 721—23.3(48A). [ARC 2490C, IAB 4/13/16, effective 5/1…

applicant representatives. Agencies which permit applicants to be represented by another person shall offer the opportunity to register to vote to each applicant. The declination form and registration form shall be given to the applicant’s representative. If the applicant registe…

recertification and renewal of agency services or assistance shall be offered the opportunity to register to vote in the same way the offer is made to applicants making initial applications for services or assistance. If the agency accepts recertification and renewal applications…

23.9(1) In person. The agency shall offer the opportunity to register to vote to each applicant who submits a change of address notice in person. The applicant shall be provided with the declination form and the voter registration form. 23.9(2) By telephone. Agencies are strongly…

commissioners of elections, shall conduct an unofficial canvass of election results after the closing of the polls on the day of a general election. The unofficial canvass shall report election results for national offices, statewide offices, the office of state representative, t…

shall provide election results to the state commissioner after all precincts have reported election results to the county commissioner, and before the closing of the office as provided in Iowa Code section 50.11. If the county commissioner determiners that all precincts will not …

24.3(1) Before the general election, the state commissioner of elections shall provide a form and instructions for reporting unofficial election results. 24.3(2) The state commissioner shall tabulate unofficial election results, as the results are received from the county commiss…

25.1(1) Scope of jurisdiction. The administrative complaint procedure set forth in this chapter is established to comply with Title IV, Section 402, of the Help America Vote Act of 2002, Public Law 107-252, 42 U.S.C. 15512. The procedure is available to any person who believes th…

25.10(1) If a hearing is desired by the complainant, a request for a hearing on the record shall be included within the complaint or made by submitting a written request for hearing no later than ten days following service of the answer by the respondent. 25.10(2) If a hearing is…

25.11(1) Time shall be computed as provided in Iowa Code subsection 4.1(34). 25.11(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortenin…

complaint proceeding may waive any provision of this chapter. However, the presiding officer in the presiding officer’s discretion may refuse to give effect to such a waiver when the presiding officer deems the waiver to be inconsistent with the public interest.

presiding officer’s own motion or as requested by a party, order hearings or argument to be held by telephone conference or other electronic means in which all parties have an opportunity to participate. The presiding officer will determine the location of the parties and witness…

25.14(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a complaint proceeding if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally invest…

25.15(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more complaint proceedings where (a) the matters at issue involve common parties or common questions of fact or law; (b) consolidation would expedite and simplify consideration of …

25.16(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a complaint proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the proceeding…

25.17(1) Discovery procedures applicable in civil actions are applicable in complaint proceedings. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Proced…

25.18(1) Subpoenas issued in a complaint proceeding may compel the attendance of witnesses at depositions or hearing, and may compel the production of books, papers, records, and other real evidence. A command to produce evidence or to permit inspection may be joined with a comma…

25.19(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 25.19(2) Any party may file a written response to a motion within ten days after the motion is served unless the time per…