49.16 Tenure of election board panel.
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 deleted from the panel by the commissioner. The election board for each election held in the precinct shall be drawn from the panel, however:
1. No person shall serve on the election board at any election in which the person or any person related to the person within the third degree of consanguinity or affinity is a candidate to be voted upon in that precinct, and it shall be the responsibility of each person whose name is listed on the election board panel to notify the commissioner not less than fifteen days before any election at which the person is ineligible to serve by reason of this subsection. However, this subsection shall not apply in the case of any candidate or relative of a candidate seeking an office or nomination which no opposing candidate is seeking. Any candidate for an office or for nomination to an office to which two or more persons are to be elected at large is unopposed, for the purpose of this subsection, if the number of candidates for the office or nomination does not exceed the number of persons to be elected or nominated.
2. When all or portions of two or more precincts are merged for any election as permitted by section 49.11, subsection 3, paragraph “a”, the commissioner may appoint the election board for the merged precinct from the election board panels of any of the precincts so merged. When any permanent precinct is divided as permitted by section 49.11, subsection 3, paragraph “c”, the commissioner shall so far as possible appoint the election board for each of the temporary precincts so created from the election board panel of the permanent precinct.
3. Persons whose names are listed on the election board panel shall not be required to serve on the election board for any election which by the terms of the statute authorizing it is exempt from the provisions of this chapter. The necessary officers for such elections shall be designated as provided by law or, if there is no applicable statute, by the commissioner.
4. In appointing the election board for any election conducted for a city or a school district, the commissioner may give preference to any persons who are willing to serve without pay at those elections.
5. A person shall not serve on the precinct election board as a representative of a political party if the person has changed political party affiliation from that of the political party which selected the person to serve as a precinct election official. If a precinct election official records a change of political party, the official’s name shall be removed from the list of precinct election officials for that political party. The chairperson of the political party shall be notified of the vacancy and may designate a replacement. If the chairperson of another political party later designates the person as a precinct election official, the person may serve, if qualified. If a precinct election official serving on the board as a representative of a political party records a change of political party to vote absentee under chapter 53 and after voting absentee records a change of political party back to the political party the official represents on the precinct election board, the official’s name shall be removed from the list of precinct election officials for that election. The chairperson of the political party shall be notified of the vacancy and may designate a replacement for that election.
[C75, 77, 79, 81, §49.16]
97 Acts, ch 170, §24; 2008 Acts, ch 1032, §195; 2010 Acts, ch 1026, §6, 17; 2017 Acts, ch 120, §3
Referred to in §49.14
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 49 - METHOD OF CONDUCTING ELECTIONS
Section 49.1 - Elections included.
Section 49.2 - Oversight by the state commissioner.
Section 49.3 - Election precincts and districts.
Section 49.4 - Precincts drawn by county board.
Section 49.5 - City precincts.
Section 49.6 - Power to combine township and city precincts.
Section 49.7 - Reprecincting schedule and filing requirements.
Section 49.8 - Changes in precincts.
Section 49.9 - Proper place of voting.
Section 49.10 - Polling places for certain precincts.
Section 49.11 - Notice of boundaries of precincts — merger or division.
Section 49.12 - Election boards.
Section 49.13 - Commissioner to appoint members, chairperson.
Section 49.14 - Substitute precinct election officials.
Section 49.15 - Commissioner to draw up election board panel.
Section 49.16 - Tenure of election board panel.
Section 49.18 - Vacancies occurring on election day.
Section 49.19 - Unpaid officials, paper ballots optional for certain city elections.
Section 49.20 - Compensation of members.
Section 49.21 - Polling places — accessibility — signs.
Section 49.23 - Notice of change.
Section 49.24 - Schoolhouses as polling places.
Section 49.25 - Equipment required at polling places.
Section 49.26 - Commissioner to decide method of voting — counting of ballots.
Section 49.28 - Commissioner to furnish registers and supplies.
Section 49.29 - Voting by ballot or machine.
Section 49.30 - All candidates and issues on one ballot — exceptions.
Section 49.31 - Arrangement of names on ballot — restrictions.
Section 49.32 - Candidates for president in place of electors.
Section 49.33 - Single voting target for certain paired offices.
Section 49.35 - Order of arranging tickets on lever voting machine ballot.
Section 49.36 - Candidates of nonparty organization.
Section 49.37 - Arrangement of ballot.
Section 49.38 - Candidate’s name to appear but once.
Section 49.39 - Dual nomination.
Section 49.40 - Failure to designate.
Section 49.41 - More than one office prohibited.
Section 49.42 - Form of official ballot.
Section 49.42A - Form of official ballot.
Section 49.42B - Form of official ballot — candidates for president and vice president.
Section 49.43 - Constitutional amendment or other public measure.
Section 49.45 - General form of ballot.
Section 49.46 - Marking ballots on public measures.
Section 49.47 - Notice on ballots.
Section 49.48 - Notice for judicial officers and constitutional amendments.
Section 49.49 - Certain sample ballots prohibited.
Section 49.50 - Endorsement and delivery of ballots.
Section 49.51 - Commissioner to control printing.
Section 49.53 - Publication of ballot and notice.
Section 49.54 - Cost of publication.
Section 49.55 - Delivery of supplies to officials.
Section 49.56 - Maximum cost of printing.
Section 49.57 - Method and style of printing ballots.
Section 49.57A - Form of official ballot — implementation by rule.
Section 49.58 - Effect of death of certain candidates.
Section 49.63 - Time of printing — inspection and correction.
Section 49.64 - Number of ballots delivered.
Section 49.65 - Packing ballots — delivery — receipts — records.
Section 49.66 - Reserve supply of ballots.
Section 49.67 - Form of reserve supply.
Section 49.68 - State commissioner to furnish instructions.
Section 49.70 - Precinct election officials furnished instructions.
Section 49.71 - Posting instruction cards and sample ballots.
Section 49.72 - Absentee voters designated before polling place opened.
Section 49.73 - Time of opening and closing polls.
Section 49.74 - Voters entitled to vote after closing time.
Section 49.76 - How administered.
Section 49.77 - Ballot furnished to voter.
Section 49.78 - Voter identity and signature verification.
Section 49.80 - Examination on challenge.
Section 49.81 - Procedure for voter to cast provisional ballot.
Section 49.82 - Voter to receive one ballot — endorsement.
Section 49.83 - Names to be marked on election register.
Section 49.84 - Marking and return of ballot.
Section 49.85 - Depositing ballots.
Section 49.86 - Failure to vote — surrender of ballot.
Section 49.87 - Prohibited ballot — taking ballot from polling place.
Section 49.88 - Limitation on persons in booth and time for voting.
Section 49.89 - Selection of officials to assist voters.
Section 49.90 - Assisting voter.
Section 49.91 - Assistance indicated on register.
Section 49.93 - Number of votes for each office.
Section 49.94 - How to mark a straight ticket.
Section 49.95 - Voting part of ticket only.
Section 49.96 - Offices with more than one person to be elected.
Section 49.97 - How to mark a mixed ticket.
Section 49.98 - Counting ballots.
Section 49.99 - Writing name on ballot.
Section 49.100 - Spoiled ballots.
Section 49.101 - Defective or wrong ballot does not nullify vote.
Section 49.102 - Defective ballots.
Section 49.103 - Wrong ballots.
Section 49.104 - Persons permitted at polling places.
Section 49.105 - Ordering arrest.
Section 49.107 - Prohibited acts on election day.
Section 49.109 - Employees entitled to time to vote.
Section 49.113 - Official neglect or misconduct.
Section 49.120 - Promise of position.
Section 49.121 - Promise of influence.
Section 49.123 - Courthouse open on election day.
Section 49.124 - Training course by commissioner — continuing education program.
Section 49.125 - Compensation of trainees.
Section 49.126 - Manual by state commissioner.