IOWA STATUTES AND CODES
49.13 - COMMISSIONER TO APPOINT MEMBERS, CHAIRPERSON.
49.13 COMMISSIONER TO APPOINT MEMBERS, CHAIRPERSON.
1. The membership of each precinct election board shall be
appointed by the commissioner, not less than fifteen days before each
election held in the precinct, from the election board panel drawn up
as provided in section 49.15. Precinct election officials shall be
registered voters of the county, or other political subdivision
within which precincts have been merged across county lines pursuant
to section 49.11, subsection 3, paragraph "a", in which they are
appointed. Preference shall be given to appointment of residents of
a precinct to serve as precinct election officials for that precinct,
but the commissioner may appoint other residents of the county where
necessary.
2. To the extent necessary, election boards shall include members
of the two political parties whose candidates for president of the
United States or for governor, as the case may be, received the
largest and next largest number of votes in the county at the last
general election. Election boards may also include persons not
members of either of these parties. However, persons who are not
members of either of these political parties shall not comprise more
than one-third of the membership of an election board.
3. In appointing the election board to serve for any election in
which candidates' names do appear under the heading of these
political parties, the commissioner shall give preference to the
persons designated by the respective county chairpersons of these
political parties for placement on the election board panel, as
provided by section 49.15, in the order that they were so designated.
However, the commissioner may for good cause decline to appoint a
designee of a county chairperson if that chairperson is notified and
allowed two working days to designate a replacement.
4. The commissioner shall designate one member of each precinct
election board as chairperson of that board. If a counting board
authorized by chapter 51 is appointed, the chairperson shall have
authority over the mechanics of the work of both boards. At the
discretion of the commissioner, two people who are members of
different political parties may be appointed as co-chairpersons. The
co-chairpersons shall have joint authority over the work of the
precinct election board.
5. The commissioner may appoint high school students who are not
yet qualified to be registered voters to serve as precinct election
board members.
a. To qualify to serve as a precinct election board member, a
high school student shall:
(1) Be a United States citizen.
(2) Be at least seventeen years of age and a student in good
standing enrolled in a public or private secondary school in Iowa.
(3) Receive credit in at least four subjects, each of one period
or hour, or the equivalent thereof, at all times. The eligible
subjects are language arts, social studies, mathematics, science,
health, physical education, fine arts, foreign language, and
vocational education. Coursework taken as a postsecondary enrollment
option for which a school district or accredited nonpublic school
grants academic credit toward high school graduation shall be used in
determining eligibility. A student shall not be denied eligibility
if the student's school program deviates from the traditional
two-semester school year. Each student wishing to participate under
this subsection shall be passing all coursework for which credit is
given and shall be making adequate progress toward graduation
requirements at the end of each grading period. At the end of a
grading period that is the final grading period in a school year, a
student who receives a failing grade in any course for which credit
is awarded is ineligible to participate under this subsection. A
student who is eligible at the close of a semester is academically
eligible to participate under this subsection until the beginning of
the subsequent semester. A student with a disability who has an
individualized education program shall not be denied eligibility to
participate under this subsection on the basis of scholarship if the
student is making adequate progress, as determined by school
officials, towards the goals and objectives of the student's
individualized education program.
(4) At the time of appointment, have the written approval of the
principal of the secondary school the student attends.
(5) Have the written approval of the student's parent or legal
guardian.
(6) Have satisfactorily completed the training course for
election officials.
(7) Meet all other qualifications for appointment and service as
an election board member except the requirement of being a registered
voter.
b. No more than one student precinct election board member
may serve on each precinct election board.
c. Student precinct election board members shall not serve as
the chairperson of a precinct election board.
d. Before serving at a partisan election, the student
precinct election board member must certify in writing to the
commissioner the political party with which the student is
affiliated.
e. Student precinct election board members shall not be
allowed to work more hours than allowed under the applicable labor
laws.
f. A student who serves on a precinct election board is not
eligible to receive class credit for such service unless such service
qualifies as meeting the requirements of a class assignment imposed
on all students in the class.
g. No later than fourteen days after the date of the
election, the commissioner shall report to the appropriate secondary
school the following information:
(1) The name of each student attending the school who served as a
precinct election board member on election day.
(2) The number of hours the student served as a precinct election
board member.
(3) The precinct number and polling place location where the
student served as a precinct election board member.
(4) Any other information the commissioner deems appropriate or
that is requested by the school. Section History: Early Form
[C97, § 1093; SS15, § 1093; C24, 27, 31, 35, 39, § 733; C46,
50, 54, 58, 62, 66, 71, 73, § 49.15; C75, 77, 79, 81, § 49.13] Section History: Recent Form
95 Acts, ch 67, §53; 97 Acts, ch 170, § 23; 2007 Acts, ch 34, §1;
2007 Acts, ch 138, §1; 2008 Acts, ch 1032, § 194; 2009 Acts, ch 41,
§25
Referred to in § 49.14, 49.15, 49.18, 49.73, 49.89, 50.21, 51.2,
53.22, 53.23
Child labor restrictions, see chapter 92