ARC 0335D

ARC 0335D

SECRETARY OF STATE[721]

Adopted and Filed

Rulemaking related to temporary certification application

    The Secretary of State hereby amends Chapter 22, “Voting Systems and Electronic Poll Books,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 49.29.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 49.29.

Purpose and Summary

    This rulemaking provides a temporary certification application for vendors offering electronic poll books until a complete certification process is adopted.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9892C. A public hearing was held on the following date(s):

     ?   January 30, 2026

    No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Secretary of State on May 15, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on July 15, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Amend rule 721—22.600(47) as follows:

721—22.600(47) Revolving loan fund. The purpose of this rule is to establish an e-poll book and polling place modernization panel to review applications submitted to the state commissioner for distribution of moneys from the revolving loan fund created by 2017 Iowa Acts, House File 516, section 37, to be codified at created in Iowa Code section 47.11.

    22.600(1) Definitions.

    “E-poll book” is as defined in rule 721—22.1(52).

    “Vendor,” for purposes of this rule, means a person or representative of a person developing, offering, or supporting an e-poll book.

    22.600(2) In order to ensure that the public funds in this rule are used responsibly and efficiently, this rule creates a panel consisting of designees of the state commissioner of elections, the state auditor, and the director of the department of management. Attendance by two of the three members constitutes a quorum. The panel shall conform to the party and gender balance requirements of Iowa Code sections 69.16 and 69.16A section 4A.12.

    22.600(3) The state commissioner shall convene the panel whenever necessary to review loan applications received from county commissioners requesting moneys from the fund.

    22.600(4) The state commissioner may convene the panel to review proposed expenditures for updating technology standards for elections. If the state commissioner determines that there is an urgent need that an expenditure of moneys from the fund be used to update technology standards, the state commissioner may spend the moneys without convening the panel. In such instance, the state commissioner shall report that expenditure at the next meeting of the panel.

    22.600(5) The panel shall create guidelines for loaning moneys from the fund to county commissioners for the updating of polling place technology. The guidelines shall be published on the state commissioner’s website. The panel shall not approve funding for the purchase of e-pollbooks that are not certified by the state commissioner pursuant to Iowa Code section 49.29 unless the e-pollbook’s certification has been waived by the state commissioner.

    22.600(6) Before distributing or loaning funds, the panel shall consider the published guidelines, but may take additional factors into consideration. The panel shall not waive any information technology security standards, but may waive other requirements. A majority vote of the panel members present is sufficient to approve funding.

    22.600(7) Before any funds from the revolving loan fund are provided for the acquisition of e-poll books, the e-poll book system shall conform to the security requirements within this chapter.

This rule is intended to implement 2017 Iowa Acts, House File 516, section 37 Iowa Code section 47.11.

    ITEM 2.  Amend rule 721—22.601(47) as follows:

721—22.601(47) Operational features requirements of e-poll books.

    22.601(1) Definitions.

    “E-poll book” is as defined in rule 721—22.1(52).

    “Vendor,” for purposes of this rule, means a person or representative of a person developing, offering, or supporting an e-poll book.

    22.601(2) Operational features requirements. When assessing applications for funding from the revolving loan fund established by 2017 Iowa Acts, House File 516, section 37 Iowa Code section 49.11, as implemented in rule 721—22.600(47), the e-poll book and polling place modernization panel shall consider whether the e-poll book sought includes the operational features described in this subrule. Commissioners using only county funds for the purchase of e-poll book systems are not subject to the operational features described below, but are subject to all of the security requirements set forth in rule 721—22.602(47). The panel shall consider:

    a.  Whether the e-poll book is able to accept a secure data file that imports voter registration data into the e-poll book application from the statewide voter registration system. This requirement may not be waived by the panel.

    b.  Whether the e-poll book is able to securely export data files that can be imported into the statewide voter registration system, including a file to update the voter activity portion of the statewide voter registration system.

    c.  Whether the e-poll book is able to scan the barcodes of driver’s licenses, DOT-issued nonoperator identification cards, and the voter identification card issued pursuant to 2017 Iowa Acts, House File 516, section 18, to be codified at Iowa Code section 48A.10A.

    d.  Whether the e-poll book is able to verify the voter against the felon database.

    e.  Whether the e-poll book is able to process, record, and export the complete range of possible voter registration updates available to voters under Iowa law. The state commissioner shall maintain a form that lists the possible updates that are required by this subrule.

    f.  Whether the e-poll book is able to complete and print the following forms:

    (1)  State of Iowa Official Voter Registration Form.

    (2)  Election Day Voter Registration Form, including Voter’s Oath and Attester’s Oath, if applicable.

    (3)  Provisional Ballot Form, including the State of Iowa Official Voter Registration Form and Statement to Person Casting a Provisional Ballot.

    (4)  Challenger’s Statement.

    (5)  Affidavit of Voter Requesting Assistance.

    22.601(3) Certification. A vendor providing an e-poll book platform in this state shall certify in writing to the state commissioner that the requirements of subrule 22.601(2) are met. If any of the requirements are not met, the vendor shall note the exceptions conspicuously.

This rule is intended to implement 2017 Iowa Acts, House File 516, section 37 Iowa Code section 47.11.

    ITEM 3.  Amend rule 721—22.602(47) as follows:

721—22.602(47) Security features requirements of e-poll books. All e-poll book systems in use in this state, including those funded by county moneys, shall conform to the following security standards.

    22.602(1) Definitions.

    “E-poll book” is as defined in rule 721—22.1(47).

    “Secure,” for purposes of this rule, means “encryption” as defined by Iowa Code section 715C.1(5).

    “Vendor,” for purposes of this rule, means a person or representative of a person developing, offering, or supporting an e-poll book.

    22.602(2) Encryption of data at rest. The e-poll book system shall ensure that all voter data is encrypted at rest. “Encrypted at rest” includes encryption of the whole hard drive, database, application data deemed confidential, and removable media. The data encryption keys shall be stored separately from the e-poll book hardware and software.

    22.602(3) Encryption of data in transit. The e-poll book system shall ensure that all voter data is encrypted in transit via secure transfer protocols.

    22.602(4) Security updates. The commissioner shall ensure that the computer maintains the most recent security updates available for the computer’s operating system. The vendor shall ensure that the e-poll book software remains compatible with all security updates issued for the computer’s operating system. An e-poll book system in use in Iowa shall not be installed on an operating system that is no longer supported by the developer.

    22.602(5) Authentication. Every e-poll book system shall require authentication to the operating system and to the e-poll book application separately through a minimum of a username-password combination. A commissioner shall use a unique username-password combination for each precinct.

    22.602(6) Decommissioning. At the time of decommissioning, the hard drive from the computer shall be destroyed by the owner of the hardware. This shall occur before the commissioner or vendor resells, gifts, repurposes, or otherwise disposes of the equipment. A record of the destruction shall be kept by the owner.

    22.602(7) Notification. A vendor upon offering a new e-poll book platform, or upon making a change to the security features requirements of an existing e-poll book, shall notify the state commissioner of the encryption and authentication standards utilized changes in sufficient detail for the state commissioner to determine whether reasonable security features are in place to protect the e-poll book and related data.

This rule is intended to implement 2017 Iowa Acts, House File 516, section 37 Iowa Code sections 47.11 and 49.29.

    ITEM 4.  Adopt the following new rule  721—22.603(47):

721—22.603(47) Certification of e-poll books. All e-poll book systems in use in this state, including those funded by county moneys, shall conform to the following certification procedure.

    22.603(1) Definitions.

    “E-poll book” means the same as defined in rule 721—22.1(47).

    “Vendor,” for purposes of this rule, means a person or representative of a person developing, offering, or supporting an e-poll book.

    22.603(2) Temporary certification application.

    a.  A vendor providing or wanting to provide an e-poll book platform in this state may apply for certification on the form prescribed by the state commissioner. The vendor shall certify in writing to the state commissioner that the requirements of rules 721—22.601(47) and 721—22.602(47) are met. If any of the requirements are not met, the vendor shall note the exceptions conspicuously.

    b.  A vendor operating in this state on or after [the effective date of this rule] shall apply as provided above. Applications received for e-poll book versions currently operating in the state may be approved.

    c.  Upon adoption of the rule for permanent certification application, all vendors will need to reapply for certification within the time permitted by that rule to continue offering their products in the state.

This rule is intended to implement Iowa Code section 49.29.

[Filed 5/14/26, effective 7/15/26]

[Published 6/10/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/10/26.