Iowa Code 39A.2 – Election misconduct in the first degree
Current as of: 2024 | Check for updates
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1. A person commits the crime of election misconduct in the first degree if the person willfully commits any of the following acts:
a.
Registration fraud.
(1) Produces, procures, submits, or accepts a voter registration application that is known by the person to be materially false, fictitious, forged, or fraudulent.
(2) Falsely swears to an oath required pursuant to section 48A.7A.
b.
Vote fraud.
(1) Destroys, delivers, or handles an application for a ballot or an absentee ballot with the intent of interfering with the voter’s right to vote.
(2) Produces, procures, submits, or accepts a ballot or an absentee ballot, or produces, procures, casts, accepts, or tabulates a ballot that is known by the person to be materially false, fictitious, forged, or fraudulent.
(3) Votes or attempts to vote more than once at the same election, or votes or attempts to vote at an election knowing oneself not to be qualified.
(4) Makes a false or untrue statement in an application for an absentee ballot or makes or signs a false certification or affidavit in connection with an absentee ballot.
(5) Otherwise deprives, defrauds, or attempts to deprive or defraud the citizens of this state of a fair and impartially conducted election process.
c.
Duress.
Intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, a person to do or to refrain from doing any of the following:
(1) To register to vote, to vote, or to attempt to register to vote.
(2) To urge or aid a person to register to vote, to vote, or to attempt to register to vote.
(3) To sign a petition nominating a candidate for public office or a petition requesting an election for which a petition may legally be submitted.
(4) To exercise a right under chapters 39 through 53.
d.
Bribery.
(1) Pays, offers to pay, or causes to be paid money or any other thing of value to a person to influence the person’s vote.
(2) Pays, offers to pay, or causes to be paid money or any other thing of value to an election official conditioned on some act done or omitted to be done contrary to the person’s official duty in relation to an election.
(3) Receives money or any other thing of value knowing that it was given in violation of subparagraph (1) or (2).
e.
Conspiracy.
Conspires with or acts as an accessory with another to commit an act in violation of paragraphs “a” through “d”.
f.
Voting equipment tampering.
Intentionally alters or damages any computer software or any physical part of voting equipment, automatic tabulating equipment, or any other part of a voting system.
g.
Failure to perform duties.
As an election official, fails to perform duties prescribed by chapters 39 through 53, except for section 48A.41, or fails to follow or implement guidance issued pursuant to section 47.1, or performs those duties and responsibilities in such a way as to hinder or disregard the object of the law.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
Terms Used In Iowa Code 39A.2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Fraud: Intentional deception resulting in injury to another.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. Election misconduct in the first degree is a class “D” felony.