ARC 6238C

ARC 6238C

SECRETARY OF STATE[721]

Notice of Intended Action

Proposing rule making related to use of I-Voters at satellite absentee voting stations

and providing an opportunity for public comment

The Secretary of State hereby proposes to amend Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 53.1 and 53.11.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 53.11.

Purpose and Summary

This proposed rule making removes the option for counties to apply to the Office of the Secretary of State to use the statewide voter registration database and election management system (I-Voters) at satellite absentee voting stations. The elimination of this option helps move the State of Iowa further down the path of cyber maturity as it relates to elections.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Secretary of State no later than 4:30 p.m.on March 29, 2022. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

The following rule-making action is proposed:

Rescind subrule 21.300(13) and adopt the following new subrule in lieu thereof:

21.300(13) Use of I-Voters at satellite absentee voting stations.

a. The statewide voter registration database (I-Voters) shall not be used or accessed at a satellite absentee voting station.

b. This rule does not prevent the use of an electronic poll book to process voters at a satellite absentee voting station if the electronic poll book does not connect to or access the statewide voter registration database (I-Voters).