2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 39A - ELECTION MISCONDUCT
39A.3 - ELECTION MISCONDUCT IN THE SECOND DEGREE.

        39A.3  ELECTION MISCONDUCT IN THE SECOND DEGREE.
         1.  A person commits the crime of election misconduct in the
      second degree if the person willfully commits any of the following
      acts:
         a.  Interference with validity of election.
         (1)  Possesses an official ballot outside of the voting room
      unless the person is an election official or other person authorized
      by law to possess such a ballot.
         (2)  Makes or possesses a counterfeit of an official election
      ballot.
         (3)  Solicits or encourages a person to vote in an election
      knowing that person is not qualified to vote in the election.
         (4)  Files a challenge containing false information under section
      48A.14 or 49.79.
         b.  Actions by election official.  As an election official:
         (1)  Refuses to register a person who is entitled to register to
      vote under chapter 48A.
         (2)  Accepts a fee from an applicant applying for registration.
         (3)  While the polls are open, opens a ballot received from a
      voter, except as permitted by law.
         (4)  Marks a ballot by folding or otherwise so as to be able to
      recognize it.
         (5)  Attempts to learn how a voter marked a ballot.
         (6)  Causes a voter to cast a vote contrary to the voter's
      intention.
         (7)  Changes a ballot, or in any way causes a vote to be recorded
      contrary to the intention of the person casting that vote.
         (8)  Allows a person to do any of the acts proscribed by
      subparagraphs (1) through (7).
         2.  Election misconduct in the second degree is an aggravated
      misdemeanor.  
         Section History: Recent Form
         2002 Acts, ch 1071, §3; 2008 Acts, ch 1115, §83

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