Iowa Code 49.79 – Challenges
Current as of: 2024 | Check for updates
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1. Any person offering to vote may be challenged as unqualified by any precinct election official or registered voter. It is the duty of each official to challenge any person offering to vote whom the official knows or suspects is not duly qualified. A ballot shall be received from a voter who is challenged, but only in accordance with section 49.81.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 49.79
- 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
- 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
- Signature: includes an electronic signature as defined in section 554D. 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
- United States: includes all the states. See Iowa Code 4.1
2. A person may be challenged for any of the following reasons:
a. The challenged person is not a citizen of the United States.
b. For an election other than a primary election, the challenged person is less than eighteen years of age as of the date of the election at which the person is offering to vote. For a primary election, the challenged person will be less than eighteen years of age on the date of the respective general election or city election.
c. The challenged person is not a resident at the address where the person is registered. However, a person who is reporting a change of address at the polls on election day pursuant to section 48A.27, subsection 2, paragraph “a”, subparagraph (3), or who is registering to vote pursuant to section 48A.7A, shall not be challenged for this reason.
d. The challenged person is not a resident of the precinct where the person is offering to vote.
e. The challenged person has falsified information on the person’s registration form or on the person’s declaration of eligibility.
f. The challenged person has been convicted of a felony, and the person’s voting rights have not been restored.
g. The challenged person has been adjudged by a court of law to be a person who is incompetent to vote and no subsequent proceeding has reversed that finding.
3. a. The state commissioner of elections shall prescribe a form to be used by a registered voter challenging a prospective voter at the polls. A precinct election official working at the precinct is not required to use the challenge form. The challenge form shall include a space for the challenger to provide the challenger’s printed name, signature, address, and telephone number. The challenge form shall also contain the following statement signed by the challenger:
I am a registered voter in (name of county) County, Iowa. I swear or affirm that information contained in this challenge is true. I understand that knowingly filing a challenge containing false information is an aggravated misdemeanor.
b. The special precinct board shall reject a challenge that lacks the name, address, telephone number, and signature of the challenger.
4. A separate written challenge shall be made against each prospective voter challenged.
5. A challenger may withdraw a challenge at the polling place on election day or at any time before the meeting of the special precinct counting board by notifying the commissioner in writing of the withdrawal.