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Iowa Statutes § 39A.6 Technical infractions - notice

⤴ Up to Chapter 39A: Election Misconduct

Statute Text

1. If the state commissioner or county commissioner becomes aware of an apparent technical violation of a provision of chapters 39 through 53, the state commissioner or county commissioner may administratively provide a written notice and letter of instruction to the responsible person regarding proper compliance procedures.
2. If the state commissioner sends a notice of such a technical infraction to a county commissioner, the state commissioner may require a written explanation of the occurrence, and measures that the person took to redress the issues contained within the notice.
3.
a. Upon issuance of a technical infraction to a county commissioner, the state commissioner shall also impose a fine not to exceed ten thousand dollars to be deposited in the general fund.
b. A county commissioner shall pay a fine issued pursuant to this section or file an appeal pursuant to chapter 17A within sixty days. A county commissioner who fails to pay a fine that was not dismissed pursuant to chapter 17A shall be suspended from office for a period not to exceed two years pursuant to sections 66.7 and 66.8 .
c. If a county commissioner is suspended pursuant to paragraph "b" , the state commissioner shall direct the deputy of the county commissioner to oversee the functions of the office until the suspension is revoked or the office is vacated and a successor is elected. The state commissioner may direct the state commissioner's staff to assist in the performance of the duties of the county commissioner.
4. Upon issuing a technical infraction, the state commissioner shall immediately inform the attorney general [and relevant county attorney] if the apparent violation constitutes or may constitute election misconduct under this chapter.

History

Amended by 2023 Iowa , ch 19 , s 2061 , eff. 4/4/2023 .

Amended by 2021 Iowa SF 413 , s 10 , eff. 3/8/2021 .

Amended by 2021 Iowa SF 413 , s 9 , eff. 3/8/2021 .

Amended by 2019 Iowa , ch 148 , s 9 , eff. 5/16/2019 .

2002 Acts, ch 1071, §6

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