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

1. For the purposes of this section : a. “Delivery agent” means an individual registered to vote in this state who has been designated to return a completed absentee ballot to the commissioner by another registered voter who is unable to return the registered voter’s own absentee…

It is unlawful for any person designated by the commissioner, or by the elector casting the absentee ballot, to deliver the sealed envelope containing the absentee ballot, to willfully fail to return the ballot to the commissioner or the commissioner’s designee. 93 Acts, ch 143, …

1. This subchapter is intended to implement the federal Uniformed and Overseas Citizens Absentee Voting Act , 42 U.S.C. §1973ff et seq. 2. The term “armed forces of the United States” , as used in this subchapter , shall mean the army, navy, marine corps, coast guard, air force, …

The state commissioner of elections shall provide information regarding voter registration procedures and absentee ballot procedures to be used by members of the armed forces of the United States. The state commissioner shall accept valid voter registration applications and absen…

Whenever a ballot is requested pursuant to section 53.39 or 53.45 on behalf of a voter in the armed forces of the United States, the affidavit upon the envelope marked with the affidavit of such voter, if the voter is found to be an eligible elector of the county to which the bal…

1. Section 53.2 does not apply in the case of a qualified voter of the state of Iowa serving in the armed forces of the United States. In any such case an application for ballot as provided for in that section is not required and an absent voter’s ballot shall be sent or made ava…

1. Beginning on the first day that absentee ballots are mailed in each primary and general election and each special election pursuant to section 69.14 , and through election day, the state commissioner shall publish a report regarding absentee ballots on a daily basis. The repor…

1. a. A request in writing for a ballot may be made by any member of the armed forces of the United States who is or will be a qualified voter on the day of the election at which the ballot is to be cast, at any time before the election. Any member of the armed forces of the Unit…

1. The commissioner of each county shall establish and maintain a record of all requests for ballots which are made, and of all ballots transmitted, and the manner of transmittal, from and received in the commissioner’s office under the provisions of this subchapter . 2. If more …

Notwithstanding the provision as to time found in section 53.10 , any qualified voter in the armed forces of the United States may personally appear in the office of the commissioner of the county of the voter’s residence and there vote an absent voter’s ballot at any time not ea…

The envelopes used in connection with voting by absent voter’s ballot by voters who are members of the armed forces of the United States, shall have stamped or printed on them the words “Armed Forces or Overseas Ballot” and a designation of the election at which the ballot is to …

1. The affidavit on the envelope marked with the affidavit used in connection with voting by absentee ballot under this subchapter by members of the armed forces of the United States need not be notarized or witnessed, but the affidavit on such envelope shall be completed and sig…

1. a. As provided in this section , the commissioner shall provide special absentee ballots to be used for general elections. A special absentee ballot shall only be provided to an eligible elector who completes an application stating both of the following to the best of the elig…

The state commissioner is authorized and empowered: 1. To make rules for the purpose of carrying out the provisions and intent of this subchapter ; 2. To prescribe and direct the preparation of specially printed ballots, envelopes and other papers of different size and weight to …

1. In order to establish uniformity in size, weight, and other characteristics of the ballot and facilitate its distribution and return, the department of administrative services shall upon direction of the state commissioner purchase any material needed for any special ballots, …

In the event the government of the United States or any branch, department, agency or other instrumentality thereof shall make provision for sending of any voting matter provided for in this subchapter through the mails postage free, or otherwise, the election officials of the st…

The provisions of this subchapter as to absent voting shall apply only to absent voters in the armed forces of the United States as defined for the purpose of absentee voting in section 53.37 . The provisions of sections 53.1 through 53.33 shall apply to all other voters not memb…

There is hereby appropriated to the state commissioner from the general fund of the state such sums as are necessary to pay the state commissioner’s expenses and perform the state commissioner’s functions under this subchapter . Warrants shall be drawn by the director of the depa…

This subchapter shall be liberally construed in order to provide means and opportunity for qualified voters of the state of Iowa serving in the armed forces of the United States to vote. [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §53.51 ] 94 Acts, ch 1180, §29 ; 2014 Acts, ch 1026…

The provision or provisions of this subchapter which are inconsistent with any provision or provisions of any other existing statute or any part of any such other existing statute, shall prevail. Likewise, the provision or provisions of any other existing statute or any part of a…

1. Upon receipt of an official federal write-in ballot, the commissioner shall examine the voter’s written declarations on the envelope. If the voter is eligible to vote under the provisions of this subchapter and has complied with all requirements for the federal write-in ballot…

1. It shall be unlawful for any employee of the state or any employee of a political subdivision to solicit any application or request for application for an absentee ballot, or to take an affidavit in connection with any absentee ballot while the employee is on the employer’s pr…

1. a. Upon receipt of an application for an absentee ballot and immediately after the absentee ballots are printed, but not more than twenty days before the election, the commissioner shall mail an absentee ballot to the applicant within twenty-four hours, except as otherwise pro…

No person required to file reports under chapter 68A , and no person acting as an actual or implied agent for a person required to file reports under chapter 68A , shall receive absentee ballots on behalf of voters. This prohibition does not apply to section 53.17 . 97 Acts, ch 1…

At the general election in the years of the presidential election, or at such other times as the Congress of the United States may direct, there shall be elected by the voters of the state one person from each congressional district into which the state is divided, and two from t…

A vote for the candidates of any political party, or group of petitioners, for president and vice president of the United States, shall be conclusively deemed to be a vote for each candidate nominated in each district and in the state at large by said party, or group of petitione…

The canvass of the votes for candidates for president and vice president of the United States and the returns thereof shall be a canvass and return of the votes cast for the electors of the same party or group of petitioners, respectively, and the certificate of such election mad…

The term “group of petitioners” as used in this chapter shall embrace an organization which is not a political party as defined by law. [C24, 27, 31, 35, 39, § 966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.4 ] Nonparty organizations, see chapter 44 Political party def…

1. a. The names of the candidates for president and vice president of a political party as defined in the law relating to primary elections, shall, by 5:00 p.m. on the eighty-first day before the election, be certified to the state commissioner by the chairperson and secretary of…

At the expiration of ten days from the completed canvass, the governor, under the governor’s hand and the seal of state, shall issue to each presidential elector declared elected a certificate of election, the same in substance as required in other cases, and shall notify the ele…

1. The presidential electors and alternate electors shall meet in the capitol, at the seat of government, on the first Tuesday after the second Wednesday in December next following their election. 2. If, at the time of such meeting, any elector for any cause is absent, the state …

1. At the time designated for elector voting and after all vacant positions have been filled under section 54.7 , the state commissioner shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector’s presidential and vice presi…

1. After the vote of this state’s electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. §6 , the state commissioner shall immediately prepare an am…

The electors shall each receive a compensation of one-half of the federal general services administration’s per diem rate for the relevant date and location for every day’s attendance, and the same mileage as members of the general assembly which shall be paid from funds not othe…

1. A person who is elected to a municipal, county, state, or federal office shall, upon written application to the employer of that person, be granted a leave of absence from regular employment to serve in that office except where prohibited by the federal law. The leave of absen…

All officers and employees of the state, other than employees employed temporarily for six months or less or those employees considered essential personnel, who are volunteer fire fighters or emergency medical service personnel shall be entitled to a leave of absence from such ci…

1. For the purpose of this section , “state board” includes any board, commission, committee, council, or task force of the state government created by the Constitution of the State of Iowa, or by statute, resolution of the general assembly, motion of the legislative council, exe…

1. Any public employee who becomes a candidate for any elective public office shall, upon request of the employee and commencing any time within thirty days prior to a contested primary, special, or general election and continuing until after the day following that election, auto…

A person violating this chapter is guilty of a simple misdemeanor. Each day in which the violation continues is a separate offense. 84 Acts, ch 1233, §2 C85, §55.2 C87, §55.5

1. Elections may be contested under this chapter as follows: a. The election of any person to any county office, to a seat in either branch of the general assembly, to a state office, to the office of senator or representative in Congress, or to the office of presidential elector…

If notice of a contest of the election of an officer is filed before the certificate of election is delivered to the incumbent, or notice of a contest of the declared result of an election on a public measure is filed before a duplicate of the abstract of votes upon the measure a…

The term “incumbent” in this chapter means the person whom the canvassers declare elected. The term “election” in this chapter means the voting for a particular office, or the voting for or against a particular public measure, including the notice and other preparations for votin…

When the misconduct, fraud, or corruption complained of is on the part of the precinct election officials in a precinct, it shall not be held sufficient to set aside the election, unless the rejection of the vote of that precinct would change the result as to that office. [C51, §…

The parties to any contested election shall have the right, in open session of the court or tribunal trying the contest, and in the presence of the officer having them in custody, to have the ballots opened, and all errors of the precinct election officials in counting or refusin…

All the provisions of chapter 62 relating to contested elections of county officers shall be applicable, as near as may be, to contested elections for other offices, and for public measures except as herein otherwise provided, and in all cases process and papers may be issued to …

The court for the trial of a contested election on a public measure shall consist of five district court judges, appointed by the chief justice of the supreme court by January 30 of each odd-numbered year. The decision of the contest court may be appealed to the supreme court. [C…