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 any other election, the state commissioner may 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.
2017 Acts, ch 110, §43; 2018 Acts, ch 1149, §8, 12
Referred to in §49.128, 50.12
Subsection 2 amended
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