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39A.1 TITLE AND PURPOSE -- ELECTION OFFICIALS
DEFINED.
1. This chapter may be cited and referred to as the "Election
Misconduct and Penalties Act".
2. The purpose of this chapter is to identify actions which
threaten the integrity of the election process and to impose
significant sanctions upon persons who intentionally commit those
acts. It is the intent of the general assembly that offenses with
the greatest potential to affect the election process be vigorously
prosecuted and strong punishment meted out through the imposition of
felony sanctions which, as a consequence, remove the voting rights of
the offenders. Other offenses are still considered serious, but
based on the factual context in which they arise, they may not rise
to the level of offenses to which felony penalties attach. The
general assembly also recognizes that instances may arise in which
technical infractions of chapters 39 through 53 may occur which do
not merit any level of criminal sanction. In such instances,
administrative notice from the state or county commissioner of
elections is sufficient. Mandates or proscriptions in chapters 39
through 53 which are not specifically included in this chapter shall
be considered to be directive only, without criminal sanction.
3. For the purposes of this chapter, "election officials"
include the state commissioner, the county commissioner, employees of
the state commissioner and county commissioner who are responsible
for carrying out functions or duties under chapters 39 through 53,
and precinct election officials appointed pursuant to sections 49.12,
49.14, 49.18, and 53.23. Section History: Recent Form
2002 Acts, ch 1071, §1
