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.
2002 Acts, ch 1071, §3; 2008 Acts, ch 1115, §83
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
