ARC 8027C

ARC 8027C

SECRETARY OF STATE[721]

Notice of Intended Action

Proposing rulemaking related to constitutional amendments

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 Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 49.44.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2022 Iowa Acts, chapter 1155, and 2023 Iowa Acts, chapter 168.

Purpose and Summary

The purpose of the proposed subrules is to provide voters and other interested persons with the opportunity to review the summary to be printed on the ballot for the proposed constitutional amendments that are to be voted upon at the November 5, 2024, General Election. Because the only purpose for this Notice is to solicit public comments, following the comment period, the Notice will be terminated without adopting subrules.

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, pursuant to 721—Chapter 10.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Secretary of State no later than 4:30 p.m. on June 18, 2024. Comments should be directed to:

Public Hearing

If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Secretary of State and advise of specific needs.

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).

The following rulemaking action is proposed:

Item 1. Adopt the following new subrule 21.200(4):

21.200(4) A proposed constitutional amendment was passed by the Eighty-Ninth General Assembly as Senate Joint Resolution 9 and by the Ninetieth General Assembly as Senate Joint Resolution 9. This proposed amendment will be voted upon at the general election to be held on November 5, 2024.

The summary that is proposed by the Secretary of State appears below:

Summary: Provides for only U.S. citizens aged 18 or older and meeting state and county residency requirements to vote in all elections. Further provides that 17-year-olds who will be 18 years old by the General Election are eligible to vote in the primary election, subject to the same citizenship and residency requirements.

Item 2. Adopt the following new subrule 21.200(5):

21.200(5) A proposed constitutional amendment was passed by the Eighty-Ninth General Assembly as House Joint Resolution 2005 and by the Ninetieth General Assembly as House Joint Resolution 3. This proposed amendment will be voted upon at the general election to be held on November 5, 2024.

The summary that is proposed by the Secretary of State appears below:

Summary: Provides that the lieutenant governor will act as the governor if there is a temporary disability of the governor. Further provides that the lieutenant governor or lieutenant governor-elect will be the governor or governor-elect in the case of the resignation, death, or permanent disability of the governor or governor-elect thus creating a vacancy in the office of lieutenant governor or lieutenant governor-elect, as appropriate.