39A.1 Title and purpose — election officials defined. 1. This chapter may be cited and referred to as the “Election Misconduct and Penalties Act”. 2. The purpose of this chapter is to identify actions which threaten the integrity of the election process and to impose significant sanctions upon persons who intentionally commit those acts. It […]
39A.2 Election misconduct in the first degree. 1. A person commits the crime of election misconduct in the first degree if the person willfully commits any of the following acts: a. Registration fraud. (1) Produces, procures, submits, or accepts a voter registration application that is known by the person to be materially false, fictitious, forged, […]
39A.3 Election misconduct in the second degree. 1. A person commits the crime of election misconduct in the second degree if the person willfully commits any of the following acts: a. Interference with validity of election. (1) Possesses an official ballot outside of the voting room unless the person is an election official or other […]
39A.4 Election misconduct in the third degree. 1. A person commits the crime of election misconduct in the third degree if the person willfully commits any of the following acts: a. Election day acts. Any of the following on election day: (1) Loitering, congregating, electioneering, posting signs, treating voters, or soliciting votes, during the receiving […]
39A.5 Election misconduct in the fourth degree. 1. A person commits the crime of election misconduct in the fourth degree if the person willfully commits any of the following acts: a. Election day acts. (1) As an employer, denying an employee the privilege conferred by section 49.109, or subjecting an employee to a penalty or […]
39A.6 Technical infractions — notice. 1. If the state commissioner or county commissioner becomes aware of an apparent technical violation of a provision of chapters 39 through 53, the state commissioner or county commissioner may administratively provide a written notice and letter of instruction to the responsible person regarding proper compliance procedures. 2. If the […]
39A.7 Election misconduct — investigation. 1. The attorney general or county attorney shall investigate allegations of election misconduct reported to the attorney general or county attorney. Election misconduct by an election official shall also be investigated for prosecution under chapter 721. 2. Upon the completion of an investigation required by this section, the attorney general […]
