1. This chapter may be cited and referred to as the “Election Misconduct and Penalties
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.
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