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

Whenever a public measure has passed the general assembly which under the Constitution must be submitted to a vote of the entire people of the state and no time is fixed by the Constitution or legislature for such submission, or whenever a proposition to amend the Constitution ha…

The general assembly may provide for the submission of a constitutional amendment to the people at a special election for that purpose, at such time as it may prescribe, and the same shall in all respects be governed and conducted as prescribed by law for the submission of a cons…

The state commissioner of elections shall, not less than sixty-three days preceding any election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state, transmit to the county commissioner of elections of each county a…

1. The judges of election, county boards of canvassers, and other election officials shall canvass the vote on any constitutional amendment or public measure, and make return thereof, in the same manner as required by law for the canvass and return of the vote for public officers…

Expenses incurred under the provisions of this chapter shall be audited and allowed by the director of the department of administrative services and paid out of moneys appropriated to the state commissioner of elections. [C97, §59; C24, 27, 31, 35, 39, § 77; C46, 50, 54, 58, 62, …

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

The commissioner shall enter on the record maintained as required by section 49.65 a notation of the number and character of the ballots returned from each precinct, and the time when and the person by whom they are returned. [C97, §1141; C24, 27, 31, 35, 39, § 849; C46, 50, 54, …

1. When the canvass is completed one of the precinct election officials shall publicly announce the total number of votes received by each of the persons voted for, the office for which the person is designated, as announced by the designated tally keepers, and the number of vote…

Immediately after making the proclamation, and before separating, the board members of each precinct in which votes have been received by paper ballot shall enclose in an envelope or other container all ballots which have been counted by them, except those endorsed “Rejected as d…

1. If, at the expiration of the length of time specified in section 50.12 , a contest is not pending, the commissioner, without opening the package in which they have been enclosed, shall destroy the ballots. 2. If the ballots are to be shredded, the package may be opened, if nec…

When election results are delivered in person to the commissioner who is conducting the election, the printed results and memory device of the voting equipment shall be returned to the commissioner on election night by two precinct election officials who shall be of different pol…

If a contest is pending, the ballots shall be kept until the contest is finally determined, and then so destroyed. [C97, §1143; S13, §1143; C24, 27, 31, 35, 39, § 854; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.15 ] Referred to in §53.40 , 53.41

1. In order to provide the public with an early source of election results before the official canvass of votes, the state commissioner of elections, in cooperation with the commissioners of elections, shall conduct an unofficial canvass of election results following the closing …

The tally list shall be prepared in writing by the election board giving, in legibly printed numerals, the total number of people who cast ballots in the precinct, the total number of ballots cast for each office, except those rejected, the name of each person voted for, and the …

The precinct election register prepared for each election, together with the ballots to be returned pursuant to section 50.12 , if any, and the signed and attested tally list, shall be delivered to the commissioner by one of the precinct election officials by noon of the day foll…

1. The commissioner may destroy precinct election registers, the declarations of eligibility signed by voters, and other material pertaining to any election in which federal offices are not on the ballot, except the tally lists and abstracts of votes which have not been electroni…

At every election conducted under chapter 49 , except the primary election provided for by chapter 43 , and at every other election unless the law authorizing the election otherwise requires, the vote shall be canvassed at each polling place by the election board in the manner pr…

The commissioner shall compile a list of the number of provisional ballots cast under section 49.81 in each precinct. The list shall be made available to the public as soon as possible, but in no case later than 9:00 a.m. on the second day following the election. Any elector may …

1. The commissioner shall reconvene the election board of the special precinct established by section 53.20 not earlier than noon on the second day following each election which is required by law to be canvassed on the Tuesday following the election. If the second day following …

1. Upon being reconvened, the special precinct election board shall review the information upon the envelopes bearing the provisional ballots, and all evidence submitted in support of or opposition to the right of each challenged person to vote in the election. The board may divi…

The commissioner shall send messengers for all tally lists not received in the commissioner’s office by noon of the day following the election. The expense of securing such tally lists shall be paid by the county. [C51, §270; R60, §505; C73, §634; C97, §1148; C24, 27, 31, 35, 39,…

1. The county board of supervisors shall meet to canvass the vote on the first Tuesday after the day of each election to which this chapter is applicable, unless the law authorizing the election specifies another date for the canvass. If that Tuesday is a public holiday, section …

1. At the canvass of the general election, the abstract of the votes for each of the following classes shall be made on a different sheet: a. President and vice president of the United States. b. Senator in the Congress of the United States. c. Representative in the Congress of t…

All abstracts of votes cast in the general election, except the abstracts of votes for county officers, shall be made in duplicate, and signed by the board of county canvassers. One of said abstracts shall be forwarded to the state commissioner, and the other filed by the commiss…

Each abstract of the votes for such officers as the county alone elects at the general election, except district judges and senators and representatives in the general assembly, or of the votes for officers of political subdivisions whose elections are conducted by the commission…

When the canvass is concluded, the board shall deliver the original tally lists to the commissioner, who shall file the same, and record each of the abstracts above mentioned in the election book. [C51, §276; R60, §335, 510; C73, §640; C97, §1154; C24, 27, 31, 35, 39, § 867; C46,…

1. When any person is thus declared elected, there shall be delivered to that person a certificate of election, under the official seal of the county, in substance as follows: STATE OF IOWA ) ................................ County. ) At an election held in said county on the ...…

If two or more marked ballots are so folded together as to appear to be cast as one, the precinct election officials shall endorse thereon “Rejected as double”. Such ballots shall not be counted, but shall be folded together and kept as hereinafter directed. Every ballot not coun…

1. The commissioner shall, within thirteen days after the election, forward to the state commissioner one of the duplicate abstracts of votes for each of the following offices: a. President and vice president of the United States. b. Senator in Congress. c. Representative in Cong…

The commissioner shall, within thirteen days after each primary election, general election, and special election conducted pursuant to section 69.14 , forward to the state commissioner a true and exact copy of the election canvass summary report certified by the county board of c…

1. The envelope containing the abstracts of votes for governor and lieutenant governor shall be endorsed substantially as follows: Abstract of votes for governor and lieutenant governor from ................ county. 2. After being so endorsed, the envelope shall be addressed as f…

The envelope for offices other than governor and lieutenant governor shall be endorsed substantially in the manner provided in section 50.31 , with changes necessary to indicate the particular offices, and shall be addressed as follows: To the State Commissioner of Elections. [C5…

The envelopes, including the one addressed to the speaker, after being prepared, sealed, and endorsed as required by this chapter , shall be placed in one package and forwarded to the state commissioner. [C51, §284, 305; R60, §518, 539; C73, §645, 662; C97, §1157; S13, §1157; C24…

If the abstracts from any county are not received at the office of the state commissioner within fifteen days after the day of election, the state commissioner shall send a messenger to the commissioner of such county, who shall furnish the messenger with them, or, if they have b…

The envelopes containing the abstracts of votes for governor and lieutenant governor shall not be opened by the state commissioner, but the state commissioner shall securely preserve the same and deliver them to the speaker of the house of representatives at the time said abstrac…

1. The secretary of state, upon receipt of the envelopes containing the abstracts of votes, shall open and canvass the abstracts for all offices except governor and lieutenant governor. 2. The secretary of state shall invite to attend the canvass one representative from each poli…

The executive council shall constitute a board of canvassers of all abstracts of votes required to be filed with the state commissioner, except for the offices of governor and lieutenant governor. Any clerical error found by the secretary of state or state board of canvassers sha…

Not later than twenty-seven days after the day of the election, the secretary of state shall present to the board of state canvassers abstracts of votes cast at the election showing the number of ballots cast for each office and a summary of the results for each office, showing t…

The state board of canvassers shall make an abstract stating the number of ballots cast for each office, the names of all the persons voted for, for what office, the number of votes each received, and whom the state board of canvassers declares to be elected, and if a public ques…

Every ballot objected to by a precinct election official or challenger, but counted, shall be endorsed on the back thereof, “Objected to”, and there shall also be endorsed thereon, and signed by the officials, a statement as to how it was counted. [C97, §1139; C24, 27, 31, 35, 39…

The state commissioner shall file the abstracts when received and shall have the same bound in book form to be kept by the state commissioner as a record of the result of said state election, to be known as the state election book. [C51, §290; R60, §524; C73, §654; C97, §1164; S1…

1. Each person declared elected by the state board of canvassers shall receive a certificate, signed by the governor or, in the governor’s absence, by the secretary of state, with the seal of state affixed, attested by the other canvassers, to be in substance as follows: STATE OF…

The state commissioner shall prepare and deliver or mail certificates of election to the persons declared elected. [C51, §292, 294; R60, §526, 528; C73, §648, 656, 658; C97, §1167; C24, 27, 31, 35, 39, § 881; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §50.42 ]

The certificate of the election of a senator or representative in Congress shall be signed by the governor, with the seal of the state affixed, and be countersigned by the secretary of state. [C51, §294; R60, §528; C73, §658; C97, §1166; C24, 27, 31, 35, 39, § 882; C46, 50, 54, 5…

If more than the requisite number of persons, including presidential electors, are found to have an equal and the highest number of votes, the election of one of them shall be determined by lot. The name of each of such candidates shall be written on separate pieces of paper, as …

All canvasses of tally lists shall be public, and the persons having the greatest number of votes shall be declared elected. When a public measure has been submitted to the electors, the proposition shall be declared to have been adopted if the vote cast in favor of the question …