50.51 Election audits.
1. After each general election, the state commissioner shall, with the cooperation of the county commissioners, conduct an audit of the official canvass of votes from the preceding general election.
2. The state commissioner shall determine the number of counties and precincts to be audited and shall select the precincts to be audited by lot. The absentee ballot and special voters precinct for each county, established pursuant to section 53.20, shall be included with all other precincts of the county for selection by lot. In every precinct selected, the commissioner shall conduct a hand count of ballots cast in the preceding general election for president of the United States or governor, as the case may be. The hand count may be of less than all ballots cast, in accordance with rules adopted by the state commissioner.
a. A representative selected by each of the two political parties whose candidates received the highest number of votes statewide in the preceding general election shall be invited to observe the hand count. The commissioner shall notify the county chairperson of each political party a minimum of two days before the hand count of the time and place of the hand count.
b. If an invited representative does not appear at the hand count, the commissioner shall notify the state commissioner.
3. a. The commissioner may order an administrative recount pursuant to section 50.50 if the commissioner determines the results of an audit require an administrative recount.
b. If selected to conduct an audit, the commissioner shall provide an audit report to the county board of supervisors and shall transmit the audit report to the state commissioner no later than twenty days following the election.
4. The results of an audit conducted pursuant to this section shall not change the results, or invalidate the certification, of an election.
5. In advance of all other elections, the state commissioner shall order an audit of the election in the manner provided in this section.
6. The state commissioner shall adopt rules, pursuant to chapter 17A, to implement this section, which may include the establishment of pilot programs related to post-election audits.
2017 Acts, ch 110, §43; 2018 Acts, ch 1149, §8, 12; 2019 Acts, ch 148, §29, 33; 2021 Acts, ch 147, §38, 54
Referred to in §49.128, 50.12
2021 amendment to subsection 5 effective January 1, 2022; 2021 Acts, ch 147, §54
Subsection 5 amended
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Section 50.1A - Canvass by officials.
Section 50.2 - One tally list in certain machine precincts.
Section 50.3 - Double or defective ballots.
Section 50.4 - Ballots objected to.
Section 50.5 - Disputed ballots returned separately.
Section 50.6 - Votes in excess of voter declarations.
Section 50.7 - Error on county office — township office.
Section 50.8 - Error on state or district office — tie vote.
Section 50.9 - Return of ballots not voted.
Section 50.10 - Record of ballots returned.
Section 50.11 - Proclamation of result.
Section 50.12 - Return and preservation of ballots.
Section 50.13 - Destruction of ballots.
Section 50.14 - Return of results.
Section 50.15 - Destruction in abeyance pending contest.
Section 50.15A - Unofficial results of voting — general election only.
Section 50.16 - Tally list of board.
Section 50.17 - Return of election register.
Section 50.19 - Preservation and destruction of books.
Section 50.20 - Notice of number of provisional ballots.
Section 50.21 - Special precinct board reconvened.
Section 50.22 - Special precinct board to determine challenges and canvass absentee ballots.
Section 50.23 - Messengers for missing tally lists.
Section 50.24 - Canvass by board of supervisors.
Section 50.25 - Abstract of votes in the general election.
Section 50.26 - Duplicate abstracts.
Section 50.27 - Declaration of election.
Section 50.28 - Tally lists filed.
Section 50.29 - Certificate of election.
Section 50.30 - Abstracts forwarded to state commissioner.
Section 50.30A - Election canvass summary forwarded to state commissioner.
Section 50.31 - Abstracts for governor and lieutenant governor.
Section 50.32 - Endorsement on other envelope.
Section 50.33 - Forwarding of envelopes.
Section 50.34 - Missing abstracts.
Section 50.35 - Delivery of abstracts.
Section 50.36 - Envelopes containing other abstracts — canvass.
Section 50.37 - State canvassing board.
Section 50.38 - Time of state canvass.
Section 50.40 - Record of canvass.
Section 50.41 - Certificate of election.
Section 50.42 - Certificates mailed.
Section 50.43 - Senator or representative.
Section 50.45 - Canvass public — result determined.
Section 50.46 - Special elections — canvass and certificate.
Section 50.47 - Messengers for election tally lists.
Section 50.48 - General recount provisions.
Section 50.49 - Recounts for public measures.
Section 50.50 - Administrative recounts.