Iowa Administrative Code

marked the ballot in a manner that will be counted as an overvote by automatic tabulating equipment but the voter has indicated in a clear fashion that the voter has made a mistake. The correction shall be honored if the correction does not include an identifying mark in violatio…

PART III—PAPER BALLOTS

and canvass summaries for precinct, county and state canvasses of votes shall include the number of overvotes and undervotes for each office and question on the ballot. Undervotes and overvotes shall not be reported on abstracts of votes prepared pursuant to Iowa Code sections 50…

tabulate ballots in the manner appropriate to the voting equipment, if any has been provided. When an optical scan voting system is used, the board shall follow the procedures in subrule 26.2(2). [ARC 9468B, IAB 4/20/11, effective 5/25/11]

PART II—OPTICAL SCAN VOTING SYSTEMS

standards for optical scan ballots with the exception that write-in votes shall be counted according to the standards in 26.51(49).

without regard to whether the voter has made a mark opposite the candidate’s name.

PART IV—VOTING MACHINES

PART V—RECOUNTS

and 2004 Iowa Acts, Senate File 2298, provide funds to replace lever voting equipment, upgrade voting equipment, provide training to election officials, provide additional information to voters and improve election accessibility for individuals with disabilities. The purpose of t…

“Act” means Public Law 107-252, the Help America Vote Act of 2002. “Secretary” means the secretary of state created pursuant to Article 4, section 22, of the Constitution of the State of Iowa.

27.3(1) Any Iowa county is eligible to receive funds. 27.3(2) For each grant program, the secretary will develop the requirements and criteria for awards and publish the information on the secretary’s Web site www.sos.state.ia.us. In addition, the secretary will also notify each …

review deadlines for each grant program. Notice of the deadlines and application forms shall be sent to each county and shall also be available on the secretary’s Web site. Applications shall be submitted to HAVA Grants, Secretary of State’s Office, First Floor, Lucas State Offic…

and made available by the secretary. Contents of the application shall include: 1. Description of the proposed project. 2. Budget to complete the project. 3. Local funds or effort on the project. 4. Other information as requested by the secretary.

awards based on the criteria as announced and published on the secretary’s Web site.

a county, the secretary shall send a grant agreement to the county. The county auditor, the chair of the county board of supervisors, or other designated county representative shall sign the agreement and return it to the secretary. The grant award agreement will outline procedur…

recipient shall make a report to the secretary. The report shall include the expenditures made on the project and shall also include an assessment of the impact of the project.

appropriate federal authorities shall have access to all books, accounts, and documents belonging to or in use by the grant recipient and pertaining to the receipt of assistance through this program. These rules are intended to implement 2004 Iowa Acts, Senate File 2298, Iowa Cod…

implementation of a single, uniform, official, centralized, interactive, computerized statewide voter registration file of every legally registered voter in the state. This file is known as I-Voters. These rules regulate access to the file by county registrars and others and set …

28.2(1) The state registrar and county registrars shall grant access to the I-Voters database consistent with the Iowa Code and the security plan for the system. Authorized users of the system shall be issued secure password-protected access that is monitored by the state registr…

28.3(1) The state registrar shall provide a search function within the I-Voters software to search for likely duplicate or multiple voter registration records. County registrars shall have the capability to activate this function. 28.3(2) During each calendar quarter, the county …

28.4(1) Based upon information provided to the state registrar by the state or federal judicial branch and by the governor, the state registrar shall maintain a list of felons convicted in State of Iowa District Courts and the United States District Courts of the Northern and Sou…

28.5(1) Matching of foreign national files and the voter registration list. Matches between lists of foreign nationals obtained by the secretary of state from a federal or state agency and the voter registration list shall be based on a combination of a registrant’s name, driver’…

28.6(1) Based upon information provided to the state registrar by the state or federal judicial branch, the list of likely matches of ineligible voters shall be produced for each county and provided to each county registrar. 28.6(2) On a monthly basis, the state registrar shall, …

48A.40 shall be met by the county registrar entering registration information into I-Voters in accordance with guidance prescribed by the state registrar. [ARC 6063C, IAB 12/1/21, effective 1/5/22] These rules are intended to implement Iowa Code section 47.7(2) and chapter 48A. […

“Breach” means a compromise of security processes that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected information. “Commissioner” means the county commissioner of elections as defined in Iowa Code chapter 47. …

29.2(1) All users who access the I-Voters database must complete annual training programs on principles of cybersecurity. Upon completion of the training, a user shall transmit proof of completion to the state registrar. The state registrar shall maintain a list of approved train…

29.3(1) A commissioner who identifies or suspects an actual or possible cybersecurity incident or breach shall report the incident within 24 hours to the state commissioner. Upon receiving the report, the state commissioner shall alert the appropriate state or federal law enforce…

29.4(1) At the start of each calendar year, the commissioner shall provide to the state commissioner the following information: a. The full personnel roster, phone numbers, and email addresses of the commissioner’s office that identify who from the office will participate in elec…

29.5(1) Every commissioner shall have an election security incident response plan. A commissioner whose election-specific plan is part of a larger county-level emergency response plan, continuity of government plan, or incident response plan satisfies this requirement. 29.5(2) Ev…

29.6(1) A commissioner using a social media account for official elections-related communication shall request “verified” or similar recognition. The state commissioner shall provide information on the subject upon request by a commissioner. 29.6(2) A commissioner using a social …

procedure, and conduct of contested case proceedings, including proceedings related to the grant, denial, revocation, or renewal of any license issued by the agency where such action is required by constitution or statute to be preceded by notice and opportunity for an evidentiar…

agency may seek judicial review of that decision as provided in Iowa Code section 17A.19. These rules are intended to implement Iowa Code section 17A.3. [Filed 10/8/75, Notice 8/25/75—published 10/20/75, effective 11/24/75] [Filed 6/23/88, Notice 5/18/88—published 7/13/88, effect…

“Agency” means the secretary of state. “Contested case” means a proceeding, including licensing, in which the legal rights, duties or privileges of a party are required by constitution or statutes to be determined by an agency after an opportunity for an evidentiary hearing. “Lic…

3.3(1) Legal representation. Individuals, at their own expense, may be represented by counsel at contested case hearings. If the individual is not represented by counsel, the presiding officer may meet with the individual to explain the individual’s rights and responsibilities in…

days from the individual’s receipt of the agency’s intended action and shall be submitted in writing by personal service or by certified mail, return receipt requested, to the Secretary of State, Business Services Division, Lucas State Office Building, Des Moines, Iowa 50319. A r…

mailed by certified mail, return receipt requested, to the person requesting the hearing at least 30 days before the date of the hearing unless an earlier date is agreed to by the parties. The notice shall include: 1. A statement of time, place, and nature of the hearing. 2. A st…

3.6(1) Subpoenas. When necessary for the full presentation of a contested case, the presiding officer shall issue subpoenas for the attendance and testimony of witnesses and for the production of written or recorded materials of any kind which are relevant or material to any matt…

1. Open the record and receive appearances. 2. Administer oaths and issue subpoenas. 3. Enter the notice of hearing into the record. 4. Receive testimony and exhibits presented by the parties. 5. Interrogate witnesses. 6. Rule on objections and motions. 7. Close the hearing. 8. I…

decision of the agency. When the presiding officer is an administrative law judge, a proposed decision is issued. 3.8(1) A proposed decision automatically becomes the final decision of the agency unless an individual appeals to the agency or the agency moves to review the propose…

grounds and the relief sought, within 20 days after the issuance of any final decision by the agency in a contested case. A copy of such application shall be timely mailed by the applicant to all parties of record not joining in the application. An application for rehearing shall…

30.1(1) Policy statement. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC document pursuant to these rules, the filing officer does none of the following: a. Det…

30.2(1) Duty to file. Provided that there is no ground to refuse acceptance of the document under 30.2(2), a UCC document is filed upon its receipt by the filing officer with the filing fee, and the filing officer shall promptly assign a file number to the UCC document and index …

30.3(1) Policy statement. The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors named on financing statements which are activ…

30.4(1) Policy statement. This rule describes the filing procedures of the filing officer upon and after receipt of a UCC document. Except as provided in these rules, data are transferred from a UCC document to the information management system exactly as the data are set forth i…

30.5(1) General requirements. The filing officer maintains for public inspection a searchable index of all records of active UCC documents that provides for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement to which the …

30.6(1) Policy statement. The purpose of this rule is to describe records of liens maintained by the filing office created pursuant to statutes other than the UCC that are treated by the filing officer in a manner substantially similar to UCC documents and that are included on re…