ARC 6404C

ARC 6404C

SECRETARY OF STATE[721]

Adopted and Filed

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

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

Legal Authority for Rule Making

This rule making is adopted 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 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.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 9, 2022, as ARC 6238C.

One comment was received from a current county auditor. This individual requested the ability to access I-Voters at county-owned buildings apart from where the auditor's office is located. This suggested change to the rule is not in line with the recommendations of our state and federal partners. Additionally, access to I-Voters is not necessary for conducting satellite voting pursuant to Iowa Code section 53.11.

No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Secretary of State on June 20, 2022.

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.

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).

Effective Date

This rule making will become effective on August 17, 2022.

The following rule-making action is adopted:

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).

[Filed 6/20/22, effective 8/17/22]

[Published 7/13/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 7/13/22.