Title II, ELECTIONS AND OFFICIAL DUTIES (Ch. 39 - 79)

Ballots containing a defect described in section 49.101 shall be counted for the candidate or candidates for such offices named in the nomination papers, certificate of nomination, or certified abstract. [C97, §1122; C24, 27, 31, 35, 39, § 819; C46, 50, 54, 58, 62, 66, 71, 73, 75…

Ballots containing an error described in section 49.101 shall be counted as cast for all candidates for whom the voter had the right to vote, and for whom the voter did vote. [C97, §1122; C24, 27, 31, 35, 39, § 820; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §49.103 ] 2019 …

1. The following persons shall be permitted to be present at and in the immediate vicinity of the polling places, provided they do not solicit votes: a. Any person who is by law authorized to perform or is charged with the performance of official duties at the election. b. Any nu…

Any precinct election official shall order the arrest of any person who behaves in a noisy, riotous, tumultuous or disorderly manner at or about the polls, so as to disturb the election, or insults or abuses the officials, or commits a breach of the peace, or violates any of the …

Any person entitled to vote at an election in this state who does not have two consecutive hours in the period between the time of the opening and the time of the closing of the polls during which the person is not required to be present at work for an employer, is entitled to su…

1. The board of supervisors or the temporary county redistricting commission or city council shall number or name the precincts established by the supervisors or council pursuant to sections 49.3 , 49.4 , and 49.5 . The boundaries of the precincts shall be recorded in the records…

There shall be appointed in each election precinct an election board which shall ordinarily consist of three or five precinct election officials. At the commissioner’s discretion, additional precinct election officials may be appointed to work at any election. Not more than a sim…

It shall be unlawful for any candidate for any office to be voted for at any election, prior to nomination or election, to promise, either directly or indirectly, to support or use the candidate’s influence in behalf of any person or persons for any position, place, or office, or…

It shall be unlawful for any person to solicit from any candidate for any office to be voted for at any election, or any candidate for appointment to any public office, prior to nomination, election, or appointment, a promise, directly or indirectly, to support or use the candida…

The courthouse of each county shall remain open on election day. [C71, 73, 75, 77, 79, 81, §49.123 ]

1. The commissioner shall conduct, not later than the day before each election, a training course for all election personnel. The personnel shall include all precinct election officials and any other persons who will be employed in or around the polling places on election day. Th…

All election personnel attending such training course shall be paid for attending such course, and shall be reimbursed for travel to and from the place where the training is given at the rate determined by the board of supervisors if the distance involved is more than five miles.…

It shall be the duty of the state commissioner to provide a training manual and such additional materials as may be necessary to all commissioners for conducting the required training course and to revise the manual from time to time as may be necessary. [C71, 73, 75, 77, 79, 81,…

It shall be the duty of each commissioner to determine that all voting equipment is operational and functioning properly and that all materials necessary for the conduct of the election are in the commissioner’s possession and are correct. [C71, 73, 75, 77, 79, 81, §49.127 ] 2009…

1. No later than twenty days following an election, the commissioner shall place on file in the commissioner’s office a certification that the county met the following requirements at the election: a. The testing of voting equipment was performed, as required under section 52.35 …

1. No later than ten days before the election, the commissioner shall notify the state commissioner of all of the following: a. The date, time, and location the testing of voting equipment required pursuant to section 52.35 is to be performed. b. The date the election notice will…

1. The membership of each precinct election board shall be appointed by the commissioner, not less than fifteen days before each election held in the precinct, from the election board panel drawn up as provided in section 49.15 . Precinct election officials shall be registered vo…

1. The commissioner may appoint substitute precinct election officials as alternates for election board members. The responsibilities and duties of a precinct election official present at the time the polling place was opened on the day of an election may be assumed at any later …

1. Not less than twenty days before each primary election, the commissioner shall draw up for each precinct an election board panel from which members of the precinct election board shall be appointed for each election held in the precinct during the ensuing two years. 2. a. Each…

Each person whose name is placed on the election board panel as provided in section 49.15 , shall remain available for appointment to the election board of the precinct, subject to the provisions of section 49.12 , until a new panel is drawn up unless the person’s name is sooner …

1. The state commissioner or a county commissioner or political subdivision of the state shall only accept funding from the following sources for the purposes of conducting an election: a. Lawful appropriations of public moneys from the government of the United States. b. Lawful …

If, at the opening of the polls in any precinct, there shall be a vacancy in the office of the precinct election official, the vacancy shall be filled by the commissioner or, with the commissioner’s approval and for that election only by the members of the board present, consider…

The state commissioner, or a designee of the state commissioner, may, at the discretion of the state commissioner, oversee the activities of a county commissioner of elections during a period beginning sixty days before an election and ending sixty days after an election. For the…

The members of election boards shall be deemed temporary state employees who are compensated by the county in which they serve, and shall receive compensation at a rate established by the board of supervisors, which shall be not less than the minimum wage established in section 9…

1. a. It is the responsibility of the commissioner to designate a polling place for each precinct in the county. Notwithstanding any provision of law to the contrary, for city and school elections the commissioner shall, whenever practicable, designate polling places so that an e…

When a change is made from the usual polling place for the precinct or when the precinct polling place for any primary or general election is different from that used for the precinct at the last preceding primary or general election, notice of such change shall be mailed to all …

In precincts outside of cities the election shall, if practicable, be held in a public school building. Any damage to the building or furniture resulting from the election shall be paid by the county. [C97, §1113; C24, 27, 31, 35, 39, § 742; C46, 50, 54, 58, 62, 66, 71, 73, 75, 7…

1. The commissioner shall determine pursuant to section 49.26, subsection 2 , in advance of an election whether ballots voted in that election shall be counted by automatic tabulating equipment or by precinct election officials. If automatic tabulating equipment will be used, the…

1. In all elections regulated by this chapter , the voting shall be by paper ballots printed and distributed as provided by law, or by voting systems meeting the requirements of chapter 52 . 2. a. The commissioner shall determine in advance of each election conducted for a city o…

1. The commissioner shall prepare and furnish to each precinct an election register and all other books, forms, materials, equipment, and supplies necessary to conduct the election. 2. a. After the registration deadline and before election day the commissioner shall prepare an el…

1. The commissioner may use an electronic election register or election poll book in lieu of a paper register or poll book if the electronic election register or poll book is a product that has been certified for use in this state by the state commissioner. 2. The state commissio…

1. Election precincts shall be drawn and named or numbered by the county board of supervisors or the temporary county redistricting commission in all unincorporated portions of each county, and by the city council of each city in which it is necessary or deemed advisable to estab…

1. All constitutional amendments, all public measures, and the names of all candidates, other than presidential electors, to be voted for in each election precinct, shall be printed on one ballot, except that separate ballots are authorized when it is not possible to include all …

1. a. All ballots shall be arranged with the names of candidates for each office listed below the office title. For partisan elections the name of the political party or organization which nominated each candidate shall be listed after or below each candidate’s name. The state co…

The candidates for electors of president and vice president of any political party or group of petitioners shall not be placed on the ballot, but in the years in which they are to be elected the names of candidates for president and vice president, respectively, of such parties o…

Immediately opposite the names of each pair of candidates for president and vice president, a single voting target shall be printed next to the bracket enclosing the names of the candidates for president and vice president. A single voting target shall be printed next to the brac…

The term “group of petitioners” as used in section 49.32 shall embrace an organization which is not a political party as defined by law. [C24, 27, 31, 35, 39, § 754; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §49.36 ] 2009 Acts, ch 133, §14 Referred to in §43.31 , 49.57A Po…

1. For general elections, and for other elections in which more than one partisan office will be filled, the ballot shall be arranged as provided in this section . 2. Offices shall be arranged in groups. Partisan offices, nonpartisan offices, judges, and public measures shall be …

The name of a candidate shall not appear upon the ballot in more than one place for the same office, whether nominated by convention, primary, caucus, or petition, except as otherwise provided in this chapter . [C97, §1106; S13, §1106; C24, 27, 31, 35, 39, § 756; C46, 50, 54, 58,…

When two or more political parties, or when two or more political organizations which are not political parties, or when a political party and a political organization which is not a political party, nominate the same candidate for the same office, such nominee shall forthwith de…

Where action by the board of supervisors is necessary or deemed advisable by the board of supervisors or the temporary county redistricting commission, the boundaries of precincts shall be definitely fixed by ordinance. A public hearing shall be held before final action is taken …

If the designation referred to in section 49.39 be not filed, the following rules shall govern: 1. If the nomination be by two or more political parties, the name of such nominee shall be printed under the party designation under which nomination papers were first filed in the no…

1. a. A person shall not be a candidate for more than one office to be filled at the same election, except that a person may be a candidate for a city office and school board office at the same election. A person who has been nominated for more than one office and is prohibited f…

When candidates for president and vice president of the United States appear on the ballot, the following statement shall appear directly above the section of the ballot listing such candidates: [A ballot cast for the named candidates for president and vice president of the Unite…

1. If possible, all public measures and constitutional amendments to be voted upon by an elector shall be included on a single ballot which shall also include all offices to be voted upon. However, if it is necessary, a separate ballot may be used as provided in section 49.30 . 2…

1. When a proposed constitutional amendment or other public measure to be decided by the voters of the entire state is to be voted upon, the state commissioner shall prepare a written summary of the amendment or measure including the number of the amendment or statewide public me…