2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 49 - METHOD OF CONDUCTING ELECTIONS
49.79 - CHALLENGES.

        49.79  CHALLENGES.
         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.
         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.  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.
         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 for challenging a prospective voter at the polls.
      The form shall include a space for the challenger to provide the
      challenger's printed name, signature, address, and telephone number.
      The 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.  
         Section History: Early Form
         [C51, § 258; R60, § 493; C73, § 619; C97, § 1115; S13, § 1087-a9;
      C24, 27, 31, 35, 39, § 571, 796; C46, 50, 54, 58, 62, 66, 71, 73,
      § 43.43, 49.79; C75, 77, 79, 81, § 49.79] 
         Section History: Recent Form
         2002 Acts, ch 1134, §39, 115; 2007 Acts, ch 59, §12, 19; 2008
      Acts, ch 1115, §86, 87
         Referred to in § 39A.3, 48A.14

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