Iowa Code § 39A.2
Election misconduct in the first degree
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2023
As of January 1, 2012
1. A person commits the crime of election misconduct in the first degree if the person willfully commits any of the following acts:
1. A person commits the crime of election misconduct in the first degree if the person willfully commits any of the following acts:
a. Registration fraud.
a. Registration fraud.
(1) Produces, procures, submits, or accepts a voter registration application that is known by the person to be materially false, fictitious, forged, or fraudulent.
(1) Produces, procures, submits, or accepts a voter registration application that is known by the person to be materially false, fictitious, forged, or fraudulent.
(2) Falsely swears to an oath required pursuant to section 48A.7A.
(2) Falsely swears to an oath required pursuant to section 48A.7A.
b. Vote fraud.
b. Vote fraud.
(1) Destroys, delivers, or handles an application for a ballot or an absentee ballot with the intent of interfering with the voter’s right to vote.
(1) Destroys, delivers, or handles an application for a ballot or an absentee ballot with the intent of interfering with the voter’s right to vote.
(2) Produces, procures, submits, or accepts a ballot or an absentee ballot, or produces, procures, casts, accepts, or tabulates a ballot that is known by the person to be materially false, fictitious, forged, or fraudulent.
(2) Produces, procures, submits, or accepts a ballot or an absentee ballot, or produces, procures, casts, accepts, or tabulates a ballot that is known by the person to be materially false, fictitious, forged, or fraudulent.
(3) Votes or attempts to vote more than once at the same election, or votes or attempts to vote at an election knowing oneself not to be qualified.
(3) Votes or attempts to vote more than once at the same election, or votes or attempts to vote at an election knowing oneself not to be qualified.
(4) Makes a false or untrue statement in an application for an absentee ballot or makes or signs a false certification or affidavit in connection with an absentee ballot.
(4) Makes a false or untrue statement in an application for an absentee ballot or makes or signs a false certification or affidavit in connection with an absentee ballot.
(5) Otherwise deprives, defrauds, or attempts to deprive or defraud the citizens of this state of a fair and impartially conducted election process.
(5) Otherwise deprives, defrauds, or attempts to deprive or defraud the citizens of this state of a fair and impartially conducted election process.
c. Duress. Intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, a person to do or to refrain from doing any of the following:
c. Duress. Intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, a person to do or to refrain from doing any of the following:
(1) To register to vote, to vote, or to attempt to register to vote.
(1) To register to vote, to vote, or to attempt to register to vote.
(2) To urge or aid a person to register to vote, to vote, or to attempt to register to vote.
(2) To urge or aid a person to register to vote, to vote, or to attempt to register to vote.
(3) To sign a petition nominating a candidate for public office or a petition requesting an election for which a petition may legally be submitted.
(3) To sign a petition nominating a candidate for public office or a petition requesting an election for which a petition may legally be submitted.
(4) To exercise a right under chapters 39 through 53.
(4) To exercise a right under chapters 39 through 53.
d. Bribery.
d. Bribery.
(1) Pays, offers to pay, or causes to be paid money or any other thing of value to a person to influence the person’s vote.
(1) Pays, offers to pay, or causes to be paid money or any other thing of value to a person to influence the person’s vote.
(2) Pays, offers to pay, or causes to be paid money or any other thing of value to an election official conditioned on some act done or omitted to be done contrary to the person’s official duty in relation to an election.
(2) Pays, offers to pay, or causes to be paid money or any other thing of value to an election official conditioned on some act done or omitted to be done contrary to the person’s official duty in relation to an election.
(3) Receives money or any other thing of value knowing that it was given in violation of subparagraph (1) or (2).
(3) Receives money or any other thing of value knowing that it was given in violation of subparagraph (1) or (2).
e. Conspiracy. Conspires with or acts as an accessory with another to commit an act in violation of paragraphs “a” through “d”.
e. Conspiracy. Conspires with or acts as an accessory with another to commit an act in violation of paragraphs “a” through “d”.
f. Voting equipment tampering. Intentionally alters or damages any computer software or any physical part of voting equipment, automatic tabulating equipment, or any other part of a voting system.
f. Voting equipment tampering. Intentionally alters or damages any computer software or any physical part of voting equipment, automatic tabulating equipment, or any other part of a voting system.
g. Failure to perform duties. As an election official, fails to perform duties prescribed by chapters 39 through 53, except for section 48A.41, or fails to follow or implement guidance issued pursuant to section 47.1, or performs those duties and responsibilities in such a way as to hinder or disregard the object of the law.
2. Election misconduct in the first degree is a class “D” felony.
2. Election misconduct in the first degree is a class “D” felony.
Referred to in
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.