2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 49 - METHOD OF CONDUCTING ELECTIONS
49.13 - COMMISSIONER TO APPOINT MEMBERS, CHAIRPERSON.

        49.13  COMMISSIONER TO APPOINT MEMBERS, CHAIRPERSON.

         1.  The membership of each precinct election board shall be
      appointed by the commissioner, not less than fifteen days before each
      election held in the precinct, from the election board panel drawn up
      as provided in section 49.15.  Precinct election officials shall be
      registered voters of the county, or other political subdivision
      within which precincts have been merged across county lines pursuant
      to section 49.11, subsection 3, paragraph "a", in which they are
      appointed.  Preference shall be given to appointment of residents of
      a precinct to serve as precinct election officials for that precinct,
      but the commissioner may appoint other residents of the county where
      necessary.
         2.  To the extent necessary, election boards shall include members
      of the two political parties whose candidates for president of the
      United States or for governor, as the case may be, received the
      largest and next largest number of votes in the county at the last
      general election.  Election boards may also include persons not
      members of either of these parties.  However, persons who are not
      members of either of these political parties shall not comprise more
      than one-third of the membership of an election board.
         3.  In appointing the election board to serve for any election in
      which candidates' names do appear under the heading of these
      political parties, the commissioner shall give preference to the
      persons designated by the respective county chairpersons of these
      political parties for placement on the election board panel, as
      provided by section 49.15, in the order that they were so designated.
      However, the commissioner may for good cause decline to appoint a
      designee of a county chairperson if that chairperson is notified and
      allowed two working days to designate a replacement.
         4.  The commissioner shall designate one member of each precinct
      election board as chairperson of that board.  If a counting board
      authorized by chapter 51 is appointed, the chairperson shall have
      authority over the mechanics of the work of both boards.  At the
      discretion of the commissioner, two people who are members of
      different political parties may be appointed as co-chairpersons.  The
      co-chairpersons shall have joint authority over the work of the
      precinct election board.
         5.  The commissioner may appoint high school students who are not
      yet qualified to be registered voters to serve as precinct election
      board members.
         a.  To qualify to serve as a precinct election board member, a
      high school student shall:
         (1)  Be a United States citizen.
         (2)  Be at least seventeen years of age and a student in good
      standing enrolled in a public or private secondary school in Iowa.
         (3)  Receive credit in at least four subjects, each of one period
      or hour, or the equivalent thereof, at all times.  The eligible
      subjects are language arts, social studies, mathematics, science,
      health, physical education, fine arts, foreign language, and
      vocational education.  Coursework taken as a postsecondary enrollment
      option for which a school district or accredited nonpublic school
      grants academic credit toward high school graduation shall be used in
      determining eligibility.  A student shall not be denied eligibility
      if the student's school program deviates from the traditional
      two-semester school year.  Each student wishing to participate under
      this subsection shall be passing all coursework for which credit is
      given and shall be making adequate progress toward graduation
      requirements at the end of each grading period.  At the end of a
      grading period that is the final grading period in a school year, a
      student who receives a failing grade in any course for which credit
      is awarded is ineligible to participate under this subsection.  A
      student who is eligible at the close of a semester is academically
      eligible to participate under this subsection until the beginning of
      the subsequent semester.  A student with a disability who has an
      individualized education program shall not be denied eligibility to
      participate under this subsection on the basis of scholarship if the
      student is making adequate progress, as determined by school
      officials, towards the goals and objectives of the student's
      individualized education program.
         (4)  At the time of appointment, have the written approval of the
      principal of the secondary school the student attends.
         (5)  Have the written approval of the student's parent or legal
      guardian.
         (6)  Have satisfactorily completed the training course for
      election officials.
         (7)  Meet all other qualifications for appointment and service as
      an election board member except the requirement of being a registered
      voter.
         b.  No more than one student precinct election board member
      may serve on each precinct election board.
         c.  Student precinct election board members shall not serve as
      the chairperson of a precinct election board.
         d.  Before serving at a partisan election, the student
      precinct election board member must certify in writing to the
      commissioner the political party with which the student is
      affiliated.
         e.  Student precinct election board members shall not be
      allowed to work more hours than allowed under the applicable labor
      laws.
         f.  A student who serves on a precinct election board is not
      eligible to receive class credit for such service unless such service
      qualifies as meeting the requirements of a class assignment imposed
      on all students in the class.
         g.  No later than fourteen days after the date of the
      election, the commissioner shall report to the appropriate secondary
      school the following information:
         (1)  The name of each student attending the school who served as a
      precinct election board member on election day.
         (2)  The number of hours the student served as a precinct election
      board member.
         (3)  The precinct number and polling place location where the
      student served as a precinct election board member.
         (4)  Any other information the commissioner deems appropriate or
      that is requested by the school.  

         Section History: Early Form

         [C97, § 1093; SS15, § 1093; C24, 27, 31, 35, 39, § 733; C46,
      50, 54, 58, 62, 66, 71, 73, § 49.15; C75, 77, 79, 81, § 49.13] 

         Section History: Recent Form

         95 Acts, ch 67, §53; 97 Acts, ch 170, § 23; 2007 Acts, ch 34, §1;
      2007 Acts, ch 138, §1; 2008 Acts, ch 1032, § 194; 2009 Acts, ch 41,
      §25
         Referred to in § 49.14, 49.15, 49.18, 49.73, 49.89, 50.21, 51.2,
      53.22, 53.23
         Child labor restrictions, see chapter 92