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39a-3
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
