§ Iowa Code § 39A.6Technical infractions — notice

39A.6 Technical infractions — notice.
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
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Iowa Code 2026, Chapter 39A (25, 2)
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ELECTION MISCONDUCT, §39A.7
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 if the apparent violation constitutes or may constitute election
misconduct under this chapter.