Bill Text: IA HF2273 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to elections administration with respect to the address confidentiality program, the printing of ballots, satellite absentee voting, and the conduct of school district elections. (Formerly HSB 513)
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2016-05-04 - Sent to Governor. H.J. 999. [HF2273 Detail]
Download: Iowa-2015-HF2273-Enrolled.html
House File 2273 - Enrolled
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 513)
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A BILL FOR
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House File 2273
AN ACT
RELATING TO ELECTIONS ADMINISTRATION WITH RESPECT TO THE
ADDRESS CONFIDENTIALITY PROGRAM, THE PRINTING OF BALLOTS,
THE COUNTING OF CERTAIN ABSENTEE BALLOTS, SATELLITE ABSENTEE
VOTING, AND THE CONDUCT OF SCHOOL DISTRICT ELECTIONS, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
GENERAL PROVISIONS
Section 1. Section 9E.6, subsection 1, Code 2016, is amended
to read as follows:
1. a. A program participant who is an eligible elector
may register to vote with the state commissioner of elections,
pursuant to section 48A.8, subsection 1. The name, address,
and telephone number of a program participant shall not be
listed in the statewide voter registration system.
b. A program participant's voter registration shall not be
open to challenge under section 48A.14 based on participation
in the program and use of a designated address.
Sec. 2. Section 9E.6, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. a. An absentee ballot submitted by a
program participant shall not be subject to a challenge under
section 49.79 or 53.31 if the challenge is based on the voter's
participation in the program and use of a designated address.
b. In an election contested pursuant to chapter 57:
(1) The state commissioner of elections shall, upon
the written request of a party to the contest, certify the
eligibility of a program participant to vote or the validity
of a program participant's absentee ballot. A written request
submitted under this paragraph "b" must contain the voter
identification number affixed to the program participant's
absentee ballot.
(2) A deposition shall serve as testimony for a program
participant. A court or tribunal trying the contest shall
coordinate with the secretary to obtain a deposition from a
program participant.
Sec. 3. Section 43.27, Code 2016, is amended to read as
follows:
43.27 Printing of ballots.
The text printed on ballots of each political party shall
be printed in black ink, on separate sheets of paper, uniform
in quality, texture, and size, with the name of the political
party printed at the head of said the ballots, which ballots
shall be prepared by the commissioner in the same manner as for
the general election, except as in this chapter provided. The
commissioner may print the ballots for each political party
using a different color for each party. If colored paper is
used, all of the ballots for each separate party shall be
uniform in color.
Sec. 4. Section 52.28, Code 2016, is amended to read as
follows:
52.28 Optical scan voting system ballot forms.
The commissioner of each county in which the use of an
optical scan voting system in one or more precincts has been
authorized shall print text on optical scan ballots using
black ink on white paper and shall determine the arrangement
of candidates' names and public questions upon the ballot or
ballots used with the system. The ballot information shall
be arranged as required by chapters 43 and 49, and by any
relevant provisions of any statutes which specify the form of
ballots for special elections, so far as possible within the
constraints of the physical characteristics of the optical scan
voting system in use in that county. The state commissioner
may adopt rules requiring a reasonable degree of uniformity
among counties in arrangement of optical scan voting system
ballots.
Sec. 5. Section 53.10, subsection 3, Code 2016, is amended
to read as follows:
3. During the hours when absentee ballots are available in
the office of the commissioner, electioneering shall not be
allowed within the sight or hearing of voters at the absentee
voting site is a polling place for purposes of section 39A.4,
subsection 1, paragraph "a".
Sec. 6. Section 53.11, subsection 4, Code 2016, is amended
to read as follows:
4. During the hours when absentee ballots are available at a
satellite absentee voting station, electioneering shall not be
allowed within the sight or hearing of voters at the satellite
absentee voting station is a polling place for purposes of
section 39A.4, subsection 1, paragraph "a".
Sec. 7. Section 275.1, subsection 1, paragraphs b and f,
Code 2016, are amended to read as follows:
b. "Initial board" means the board of a newly reorganized
district that is selected pursuant to section 275.25 or 275.41
and functions until the organizational meeting following the
third second regular school election held after the effective
date of the reorganization.
f. "Regular board" means the board of a reorganized district
that begins to function at the organizational meeting following
the third second regular school election held after the
effective date of the school reorganization, and is comprised
of members who were elected to the current terms or were
appointed to replace members who were elected.
Sec. 8. Section 275.41, subsection 3, Code 2016, is amended
to read as follows:
3. Prior to the effective date of the reorganization,
the initial board shall approve a plan that commences at the
first regular school election held after the effective date
of the merger and is completed at the third second regular
school election held after the effective date of the merger,
to replace the initial board with the regular board. If the
petition specifies a number of directors on the regular board
to be different from the number of directors on the initial
board, the plan shall provide that the number specified in
the petition for the regular board is in place by the time
the regular board is formed. The plan shall provide that as
nearly as possible one=half of the members of the board shall
be elected biennially, and if a special election was held to
elect a member to create an odd number of members on the board,
the term of that member shall end at the organizational meeting
following the third second regular school election held after
the effective date.
Sec. 9. Section 279.6, subsection 1, paragraph a, Code 2016,
is amended to read as follows:
a. Except as provided in paragraph "b" and subsection
2, vacancies occurring among the officers or members of a
school board shall be filled by the board by appointment. A
person so appointed to fill a vacancy in an elective office
shall hold office until a successor is elected and qualified
pursuant to at the next regular school election, unless there
is an intervening special election for the school district, in
which event a successor shall be elected at the intervening
special election, in accordance with section 69.12. To fill
a vacancy occurring among the members of a school board, the
board shall publish notice in the manner prescribed by section
279.36, stating that the board intends to fill the vacancy
by appointment but that the electors of the school district
have the right to file a petition requiring that the vacancy
be filled by a special election conducted pursuant to section
279.7. The board may publish notice in advance if a member
of the board submits a resignation to take effect at a future
date. The board may make an appointment to fill the vacancy
after the notice is published or after the vacancy occurs,
whichever is later.
Sec. 10. Section 279.7, subsection 1, Code 2016, is amended
to read as follows:
1. If a vacancy or vacancies occur among the elective
officers or members of a school board and the remaining members
of the board have not filled the vacancy within thirty days
after the vacancy becomes known by the secretary or the board
occurs or if a valid petition is submitted to the secretary
of the board pursuant to section 279.6, subsection 1, or
when the board is reduced below a quorum, the secretary of
the board, or if there is no secretary, the area education
agency administrator, shall call a special election in the
district, subdistrict, or subdistricts, as the case may be,
to fill the vacancy or vacancies. The county commissioner of
elections shall publish the notices required by law for special
elections, and the election shall be held not sooner than
thirty days nor later than forty days after the thirtieth day
following the day the vacancy becomes known by the secretary or
the board occurs. If the secretary fails for more than three
days to call an election, the administrator shall call it.
DIVISION II
EMERGENCY PROVISIONS
Sec. 11. Section 53.17, subsection 1, paragraph b, Code
2016, is amended to read as follows:
b. The sealed return envelope may be mailed to the
commissioner by the registered voter or by the voter's
designee. If mailed by the voter's designee, the envelope must
be mailed within seventy=two hours of retrieving it from the
voter or within time to be postmarked or, if applicable, to
have the intelligent mail barcode traced to a date of entry
into the federal mail system not later than the day before the
election, whichever is earlier.
Sec. 12. Section 53.17, subsection 2, Code 2016, is amended
to read as follows:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner's office before
the polls close on election day or be clearly postmarked by an
officially authorized postal service or bear an intelligent
mail barcode traceable to a date of entry into the federal mail
system not later than the day before the election and received
by the commissioner not later than noon on the Monday following
the election.
Sec. 13. Section 53.17, subsection 4, paragraph f, Code
2016, is amended to read as follows:
f. A statement that the completed absentee ballot will
be delivered to the commissioner's office within seventy=two
hours of retrieving it from the voter or before the closing of
the polls on election day, whichever is earlier, or that the
completed absentee ballot will be mailed to the commissioner
within seventy=two hours of retrieving it from the voter or
within time to be postmarked or, if applicable, to have the
intelligent mail barcode traced to a date of entry into the
federal mail system not later than the day before the election,
whichever is earlier.
Sec. 14. Section 53.22, subsection 5, paragraph b, Code
2016, is amended to read as follows:
b. Absentee ballots voted under this subsection shall be
delivered to the commissioner no later than the time the polls
are closed on election day. If the ballot is returned by mail
the return envelope must be received by the time the polls
close, or be clearly postmarked by an officially authorized
postal service or bear an intelligent mail barcode traceable
to a date of entry into the federal mail system not later than
the day before the election and received by the commissioner no
later than the time established for the canvass by the board of
supervisors for that election.
Sec. 15. REPORT. The state commissioner of elections
shall prepare a report related to the use of intelligent mail
barcodes by county commissioners of elections during the 2016
general election. The report shall include information on
the number of county commissioners of elections utilizing
intelligent mail barcodes on absentee ballot return envelopes
and statistics from such county commissioners detailing the
number of absentee ballots counted in such counties as a
result of the use of intelligent mail barcodes, along with
any additional information deemed appropriate by the state
commissioner. The county commissioners shall provide the
state commissioner with information and statistics requested
by the state commissioner pursuant to this section. The state
commissioner shall deliver the report to the chairpersons and
ranking members of the general assembly's standing committees
on state government and to the legislative services agency by
January 17, 2017.
Sec. 16. EMERGENCY RULES. The state commissioner of
elections may adopt emergency rules under section 17A.4,
subsection 3, and section 17A.5, subsection 2, paragraph "b",
to implement the provisions of this division of this Act and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 17. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2273, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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