Bill Text: IA HF2319 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to elections and voter registration, including technical administration of the law by making modifications to certain filing deadlines, preservation of certain records, elections to fill certain vacancies in office, absentee voting, voting systems, and ballot summaries. (Formerly HSB 587)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-22 - Placed on calendar under unfinished business. S.J. 647. [HF2319 Detail]
Download: Iowa-2011-HF2319-Amended.html
House
File
2319
-
Reprinted
HOUSE
FILE
2319
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
587)
(As
Amended
and
Passed
by
the
House
March
7,
2012
)
A
BILL
FOR
An
Act
relating
to
elections
and
voter
registration,
including
1
technical
administration
of
the
law
by
making
modifications
2
to
certain
filing
deadlines,
preservation
of
certain
3
records,
elections
to
fill
certain
vacancies
in
office,
4
absentee
voting,
voting
systems,
and
ballot
summaries.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
HF
2319
(3)
84
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H.F.
2319
Section
1.
Section
39.3,
subsection
7,
Code
2011,
is
amended
1
to
read
as
follows:
2
7.
“General
election”
means
the
biennial
election
for
3
national
or
state
officers,
members
of
Congress
and
of
the
4
general
assembly,
county
and
township
officers,
and
for
the
5
choice
of
other
officers
or
the
decision
of
questions
as
6
provided
by
law
and
shall
include
a
regular
city
election
7
described
in
section
376.1
to
fill
a
vacancy
in
an
elective
8
city
office
pursuant
to
section
372.13,
subsection
2
.
9
Sec.
2.
Section
43.16,
Code
2011,
is
amended
to
read
as
10
follows:
11
43.16
Return
of
papers,
additions
not
allowed.
12
1.
After
a
nomination
paper
has
been
filed,
it
shall
not
13
be
returned
to
the
person
who
has
filed
the
paper,
nor
shall
14
any
signature
or
other
information
be
added
to
the
nomination
15
paper.
16
2.
a.
A
person
who
has
filed
nomination
petitions
with
the
17
state
commissioner
may
withdraw
as
a
candidate
not
later
than
18
5:00
p.m.
on
the
seventy-sixth
day
before
the
primary
election
19
by
notifying
the
state
commissioner
in
writing.
20
b.
A
person
who
has
filed
nomination
papers
with
the
21
commissioner
may
withdraw
as
a
candidate
not
later
than
5:00
22
p.m.
on
the
sixty-seventh
day
before
the
primary
election
by
23
notifying
the
commissioner
in
writing.
24
3.
The
name
of
a
candidate
who
has
withdrawn
or
died
at
a
25
time
in
accordance
with
this
section
shall
be
omitted
from
the
26
certificate
furnished
by
the
state
commissioner
under
section
27
43.22
and
omitted
from
the
primary
election
ballot.
28
Sec.
3.
Section
43.23,
Code
2011,
is
amended
to
read
as
29
follows:
30
43.23
Death
or
withdrawal
of
primary
candidate.
31
1.
If
a
person
who
has
filed
nomination
papers
with
the
32
state
commissioner
as
a
candidate
in
a
primary
election
dies
33
or
withdraws
up
to
before
5:00
p.m.
on
the
seventy-sixth
34
day
before
the
primary
election,
the
appropriate
convention
35
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H.F.
2319
or
central
committee
of
that
person’s
political
party
may
1
designate
one
additional
primary
election
candidate
for
the
2
nomination
that
person
was
seeking,
if
the
designation
is
3
submitted
to
the
state
commissioner
in
writing
by
5:00
p.m.
on
4
the
seventy-first
day
before
the
date
of
the
primary
election.
5
The
name
of
any
candidate
so
submitted
shall
be
included
in
the
6
appropriate
certificate
or
certificates
furnished
by
the
state
7
commissioner
under
section
43.22
.
8
2.
If
a
person
who
has
filed
nomination
papers
with
the
9
commissioner
as
a
candidate
in
a
primary
election
dies
or
10
withdraws
up
to
before
5:00
p.m.
on
the
sixty-seventh
day
11
before
the
primary
election,
the
appropriate
convention
12
or
central
committee
of
that
person’s
political
party
may
13
designate
one
additional
primary
election
candidate
for
the
14
nomination
that
person
was
seeking,
if
the
designation
is
15
submitted
to
the
commissioner
in
writing
by
5:00
p.m.
on
the
16
sixty-third
day
before
the
primary
election.
The
name
of
any
17
candidate
so
submitted
shall
be
placed
on
the
appropriate
18
ballot
or
ballots
by
the
commissioner.
19
Sec.
4.
Section
43.24,
subsection
1,
paragraph
b,
Code
2011,
20
is
amended
by
adding
the
following
new
subparagraph:
21
NEW
SUBPARAGRAPH
.
(03)
Objections
to
nominations
to
fill
22
vacancies
in
the
office
of
representative
in
Congress
at
a
23
special
election
held
under
section
69.14
shall
be
filed
with
24
the
state
commissioner
not
less
than
sixty
days
prior
to
the
25
date
set
for
the
special
election.
26
Sec.
5.
Section
43.24,
subsection
1,
paragraph
b,
27
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
28
(3)
Objections
to
nominations
to
fill
vacancies
in
the
29
general
assembly
at
a
special
election
held
under
section
30
69.14
,
under
which
the
forty-day
notice
of
election
provision
31
applies,
shall
be
filed
with
the
state
commissioner
not
less
32
than
fifteen
days
prior
to
the
date
set
for
the
special
33
election.
If
the
forty-day
notice
provision
does
not
apply,
34
objections
to
nominations
to
fill
vacancies
in
the
general
35
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H.F.
2319
assembly
at
a
special
election
held
under
section
69.14
may
be
1
filed
any
time
prior
to
the
date
set
for
the
special
election.
2
Sec.
6.
Section
43.24,
subsection
1,
Code
2011,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
c.
Objections
filed
pursuant
to
this
section
5
shall
be
filed
no
later
than
5:00
p.m.
on
the
final
date
for
6
filing.
7
Sec.
7.
Section
43.24,
subsection
2,
paragraph
b,
Code
2011,
8
is
amended
to
read
as
follows:
9
b.
If
an
objection
is
filed
to
a
nomination
to
fill
10
a
vacancy
in
the
general
assembly
at
a
special
election
11
held
under
section
69.14
,
under
which
the
forty-day
notice
12
of
election
provision
of
section
69.14
does
not
apply,
13
notice
of
the
objection
shall
be
made
to
the
candidate
by
14
the
state
commissioner
as
soon
as
practicable.
Under
this
15
paragraph,
failure
to
notify
a
candidate
of
an
objection
to
the
16
candidate’s
nomination
prior
to
the
date
set
for
the
special
17
election
does
not
invalidate
the
hearing
conducted
under
18
subsection
3
.
The
hearing
to
an
objection
shall
proceed
as
19
quickly
as
possible
to
expedite
the
special
election.
20
Sec.
8.
Section
43.72,
Code
2011,
is
amended
to
read
as
21
follows:
22
43.72
State
returns
filed
and
preserved.
23
When
the
canvass
is
concluded,
the
board
shall
deliver
24
the
original
abstract
returns
to
the
state
commissioner,
who
25
shall
file
the
returns
in
the
state
commissioner’s
office
and
26
preserve
the
abstracts
of
the
canvass
of
the
state
board
and
27
certificates
attached
thereto.
The
state
commissioner
may
28
preserve
the
abstracts
and
certificates
attached
thereto
in
an
29
electronic
format.
30
Sec.
9.
Section
43.88,
Code
2011,
is
amended
to
read
as
31
follows:
32
43.88
Certification
of
nominations.
33
1.
Nominations
made
by
state,
district,
and
county
34
conventions,
shall,
under
the
name,
place
of
residence,
and
35
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14
H.F.
2319
post
office
address
of
the
nominee,
and
the
office
to
which
1
nominated,
and
the
name
of
the
political
party
making
the
2
nomination,
be
forthwith
certified
to
the
proper
officer
by
3
the
chairperson
and
secretary
of
the
convention,
or
by
the
4
committee,
as
the
case
may
be,
and
if
such
certificate
is
5
received
in
time,
the
names
of
such
nominees
shall
be
printed
6
on
the
official
ballot
the
same
as
if
the
nomination
had
been
7
made
in
the
primary
election.
8
2.
Nominations
made
to
fill
vacancies
in
the
office
of
9
representative
in
Congress
shall
be
certified
to
the
state
10
commissioner
not
less
than
sixty-two
days
prior
to
the
date
set
11
for
the
special
election.
Nominations
made
to
fill
vacancies
12
in
other
offices
to
which
this
chapter
applies
at
a
special
13
election
shall
be
certified
to
the
proper
official
not
less
14
than
twenty-five
days
prior
to
the
date
set
for
the
special
15
election.
In
the
event
the
special
election
is
to
fill
a
16
vacancy
in
the
general
assembly
while
it
is
in
session
or
17
within
forty-five
days
of
the
convening
of
any
session,
the
18
nomination
shall
be
certified
not
less
than
fourteen
days
19
before
the
date
of
the
special
election.
20
3.
Nominations
certified
to
the
proper
official
under
this
21
section
shall
be
accompanied
by
an
affidavit
executed
by
the
22
nominee
in
substantially
the
form
required
by
section
43.67
.
23
Sec.
10.
Section
44.4,
subsection
1,
Code
2011,
is
amended
24
to
read
as
follows:
25
1.
Nominations
made
pursuant
to
this
chapter
and
26
chapter
45
which
are
required
to
be
filed
in
the
office
of
27
the
state
commissioner
shall
be
filed
in
that
office
not
28
more
than
ninety-nine
days
nor
later
than
5:00
p.m.
on
the
29
eighty-first
day
before
the
date
of
the
general
election
to
30
be
held
in
November.
Nominations
made
for
a
special
election
31
called
pursuant
to
section
69.14
to
fill
vacancies
in
the
32
general
assembly
shall
be
filed
by
5:00
p.m.
not
less
than
33
twenty-five
days
before
the
date
of
an
election
called
upon
34
at
least
forty
days’
notice
and
not
less
than
fourteen
days
35
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2319
before
the
date
of
an
election
called
upon
at
least
eighteen
1
days’
notice.
Nominations
made
to
fill
vacancies
in
the
2
office
of
representative
in
Congress
at
a
special
election
3
shall
be
certified
to
the
state
commissioner
not
less
than
4
sixty-two
days
prior
to
the
date
set
for
the
special
election.
5
Nominations
made
for
a
special
election
called
pursuant
to
6
section
69.14A
shall
be
filed
by
5:00
p.m.
not
less
than
7
twenty-five
days
before
the
date
of
the
election.
Nominations
8
made
pursuant
to
this
chapter
and
chapter
45
which
are
required
9
to
be
filed
in
the
office
of
the
commissioner
shall
be
filed
10
in
that
office
not
more
than
ninety-two
days
nor
later
than
11
5:00
p.m.
on
the
sixty-ninth
day
before
the
date
of
the
general
12
election.
Nominations
made
pursuant
to
this
chapter
or
chapter
13
45
for
city
office
shall
be
filed
not
more
than
seventy-two
14
days
nor
later
than
5:00
p.m.
on
the
forty-seventh
day
before
15
the
city
election
with
the
city
clerk,
who
shall
process
them
16
as
provided
by
law.
17
Sec.
11.
Section
44.4,
subsection
2,
paragraph
a,
Code
2011,
18
is
amended
by
adding
the
following
new
subparagraphs:
19
NEW
SUBPARAGRAPH
.
(03)
Objections
to
nominations
to
fill
20
a
vacancy
in
the
office
of
representative
in
Congress
at
a
21
special
election
held
under
section
69.14
shall
be
filed
with
22
the
state
commissioner
not
less
than
sixty
days
prior
to
the
23
date
set
for
the
special
election.
24
NEW
SUBPARAGRAPH
.
(003)
Objections
to
nominations
to
25
fill
a
vacancy
in
the
general
assembly
at
a
special
election
26
held
under
section
69.14,
under
which
the
forty-day
notice
27
of
election
provision
applies,
shall
be
filed
with
the
state
28
commissioner
not
less
than
fifteen
days
prior
to
the
date
set
29
for
the
special
election.
If
the
forty-day
notice
provision
30
does
not
apply,
objections
to
nominations
to
fill
vacancies
at
31
a
special
election
held
under
section
69.14
may
be
filed
no
32
later
than
the
day
before
the
special
election.
33
Sec.
12.
Section
48A.30,
subsection
1,
paragraph
a,
Code
34
2011,
is
amended
to
read
as
follows:
35
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a.
The
registered
voter
dies.
For
the
purposes
of
this
1
subsection
,
the
commissioner
may
accept
as
evidence
of
death
a
2
notice
from
the
state
registrar
of
vital
statistics
forwarded
3
by
the
state
registrar
of
voters,
a
written
statement
from
a
4
member
of
the
registered
voter’s
household,
an
obituary
in
5
a
newspaper,
an
obituary
on
a
funeral
home
internet
site,
a
6
written
statement
from
an
election
official,
or
a
notice
from
7
the
county
recorder
of
the
county
where
the
registered
voter
8
died.
9
Sec.
13.
Section
48A.32,
Code
2011,
is
amended
to
read
as
10
follows:
11
48A.32
Destruction
or
removal
of
canceled
voter
registration
12
records.
13
Twenty-two
months
after
the
next
general
election
following
14
the
cancellation
of
a
person’s
voter
registration,
or
15
receipt
of
an
incomplete
voter
registration
application,
16
the
commissioner
may
destroy
all
records
of
that
person’s
17
registration
,
including
electronic
records
.
At
the
discretion
18
of
the
commissioner,
canceled
records
may
be
donated
to
a
19
historical
society
if
all
confidential
information
has
been
20
removed
from
the
records.
21
Sec.
14.
Section
49.45,
Code
2011,
is
amended
to
read
as
22
follows:
23
49.45
General
form
of
ballot.
24
Ballots
referred
to
in
section
49.43
shall
be
substantially
25
in
one
of
the
following
form
forms
:
26
Shall
the
following
amendment
to
the
Constitution
(or
public
27
measure)
be
adopted?
28
☐
Yes
29
☐
No
30
(Here
insert
the
summary,
if
it
is
for
a
constitutional
31
amendment
or
statewide
public
measure,
and
in
full
the
proposed
32
constitutional
amendment
or
public
measure.
The
number
33
assigned
by
the
state
commissioner
or
the
letter
assigned
34
by
the
county
commissioner
shall
be
included
on
the
ballot
35
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14
H.F.
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centered
above
the
question,
“Shall
the
following
amendment
to
1
the
Constitution
[or
public
measure]
be
adopted?”.)
2
Shall
the
following
amendment
to
the
Constitution
(or
public
3
measure)
be
adopted?
4
(Here
insert
the
summary,
if
it
is
for
a
constitutional
5
amendment
or
statewide
public
measure,
and
in
full
the
proposed
6
constitutional
amendment
or
public
measure.
The
number
7
assigned
by
the
state
commissioner
or
the
letter
assigned
8
by
the
county
commissioner
shall
be
included
on
the
ballot
9
centered
above
the
question,
“Shall
the
following
amendment
to
10
the
Constitution
[or
public
measure]
be
adopted?”.)
11
☐
Yes
12
☐
No
13
Sec.
15.
Section
50.15A,
subsection
2,
paragraph
a,
Code
14
2011,
is
amended
to
read
as
follows:
15
a.
After
the
polls
close
on
election
day
for
a
primary
16
election,
general
election,
or
special
election
under
section
17
69.14
,
the
commissioner
of
elections
shall
periodically
provide
18
election
results
to
the
state
commissioner
of
elections
as
19
the
precincts
in
the
county
report
election
results
to
the
20
commissioner
pursuant
to
section
50.11
.
If
the
commissioner
21
has
access
to
the
software
program
necessary
to
produce
the
22
election
results
in
an
electronic
format,
the
commissioner
23
shall
provide
the
election
results
required
by
this
section
in
24
an
electronic
format.
If
the
commissioner
determines
that
all
25
precincts
will
not
report
election
results
before
the
office
is
26
closed,
the
commissioner
shall
report
the
most
complete
results
27
available
prior
to
leaving
the
office
at
the
time
the
office
is
28
closed
as
provided
in
section
50.11
.
The
commissioner
shall
29
specify
the
number
of
precincts
included
in
the
report
to
the
30
state
commissioner
of
elections.
31
Sec.
16.
Section
50.48,
subsection
1,
paragraph
b,
Code
32
2011,
is
amended
to
read
as
follows:
33
b.
Immediately
upon
receipt
of
a
request
for
a
recount,
34
the
commissioner
shall
send
a
copy
of
the
request
to
the
35
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2319
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2319
apparent
winner
by
certified
mail.
The
commissioner
shall
1
also
attempt
to
contact
the
apparent
winner
by
telephone.
2
If
the
apparent
winner
cannot
be
reached
within
four
days,
3
the
chairperson
of
the
political
party
or
organization
which
4
nominated
the
apparent
winner
shall
be
contacted
or,
in
the
5
case
of
an
election
for
a
nonpartisan
office,
the
entity
or
6
officer
responsible
for
making
an
appointment
to
fill
a
vacancy
7
in
the
office
shall
be
contacted
and
shall
act
on
behalf
of
the
8
apparent
winner,
if
necessary.
For
On
behalf
of
candidates
for
9
partisan
state
or
federal
offices,
the
chairperson
of
the
state
10
party
shall
be
contacted.
For
On
behalf
of
candidates
for
11
partisan
county
offices,
the
county
chairperson
of
the
party
12
shall
be
contacted.
13
Sec.
17.
Section
52.5,
subsection
2,
Code
2011,
is
amended
14
to
read
as
follows:
15
2.
The
state
commissioner
shall
formulate,
with
the
advice
16
and
assistance
of
the
examiners,
and
adopt
rules
governing
the
17
testing
and
examination
of
any
optical
scan
voting
system
by
18
the
board
of
examiners.
The
rules
shall
prescribe
the
method
19
to
be
used
in
determining
whether
the
system
is
suitable
for
20
use
within
the
state
and
performance
standards
for
voting
21
equipment
in
use
within
the
state.
The
rules
shall
provide
22
that
all
optical
scan
voting
systems
approved
for
use
by
the
23
examiners
after
April
9,
2003,
shall
meet
voting
systems
24
performance
and
test
standards,
as
adopted
by
the
federal
25
election
commission
on
April
30,
2002,
and
pursuant
to
the
26
provisions
of
or
as
deemed
adopted
by
Pub.
L.
No.
107-252,
27
§
222.
The
rules
shall
include
standards
for
determining
when
28
recertification
is
necessary
following
modifications
to
the
29
equipment
or
to
the
programs
used
in
tabulating
votes,
and
a
30
procedure
for
rescinding
certification
if
a
system
is
found
31
not
to
comply
with
performance
standards
adopted
by
the
state
32
commissioner.
33
Sec.
18.
Section
53.18,
subsection
2,
Code
2011,
is
amended
34
to
read
as
follows:
35
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2319
2.
If
the
commissioner
receives
the
return
envelope
1
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
2
Saturday
before
the
election
for
general
and
primary
elections
3
and
by
5:00
p.m.
on
the
Friday
before
the
election
for
all
4
other
elections,
the
commissioner
shall
open
the
envelope
to
5
review
the
affidavit
for
completeness.
If
the
affidavit
is
6
incomplete,
the
commissioner
shall,
within
twenty-four
hours
of
7
the
time
the
envelope
was
received,
notify
the
voter
of
that
8
fact
and
that
the
voter
may
complete
the
affidavit
in
person
9
at
the
office
of
the
commissioner
by
5:00
p.m.
on
the
day
10
before
the
election,
or
in
the
case
of
an
election
at
which
the
11
polls
open
at
noon
on
election
day,
by
10:00
a.m.
on
the
date
12
of
the
election,
vote
a
replacement
ballot
in
the
manner
and
13
within
the
time
period
provided
in
subsection
3
,
or
appear
at
14
the
voter’s
precinct
polling
place
on
election
day
and
cast
a
15
ballot
in
accordance
with
section
53.19,
subsection
3
.
16
Sec.
19.
Section
53.30,
Code
2011,
is
amended
to
read
as
17
follows:
18
53.30
Ballots,
ballot
envelopes,
and
other
information
19
preserved.
20
At
the
conclusion
of
each
meeting
of
the
absentee
and
special
21
voter’s
precinct
board,
the
board
shall
securely
seal
all
22
ballots
counted
by
them
in
the
manner
prescribed
in
section
23
50.12
.
The
ballot
envelopes,
including
the
envelope
having
the
24
registered
voter’s
affidavit
on
it,
the
return
envelope,
and
25
secrecy
envelope
bearing
the
signatures
of
precinct
election
26
officials
,
as
required
by
section
53.23
,
shall
be
preserved.
27
All
applications
for
absentee
ballots,
ballots
rejected
without
28
being
opened,
absentee
ballot
logs,
and
any
other
documents
29
pertaining
to
the
absentee
ballot
process
shall
be
preserved
30
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
31
section
50.19
.
32
Sec.
20.
Section
53.39,
subsection
2,
Code
2011,
is
amended
33
to
read
as
follows:
34
2.
All
official
ballots
to
be
voted
by
qualified
absent
35
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2319
(3)
84
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14
H.F.
2319
voters
in
the
armed
forces
of
the
United
States
at
the
primary
1
election
,
and
the
general
election
,
and
special
elections
for
2
representative
in
Congress
shall
be
printed
prior
to
forty-five
3
days
before
the
respective
elections
and
shall
be
available
for
4
transmittal
to
such
qualified
voters
in
the
armed
forces
of
the
5
United
States
at
least
forty-five
days
before
the
respective
6
elections.
The
provisions
of
this
chapter
apply
to
absent
7
voting
by
qualified
voters
in
the
armed
forces
of
the
United
8
States
except
as
modified
by
the
provisions
of
this
division
.
9
Sec.
21.
Section
53.40,
subsection
2,
Code
2011,
is
amended
10
to
read
as
follows:
11
2.
The
commissioner
shall
immediately
on
after
the
ballots
12
are
available
and
no
later
than
the
forty-fifth
day
prior
to
13
the
particular
primary
election,
general
election,
or
special
14
election
for
representative
in
Congress
transmit
ballots
to
15
the
voter
by
mail
or
otherwise,
postage
prepaid,
as
directed
16
by
the
state
commissioner,
requests
for
which
are
in
the
17
commissioner’s
hands
at
that
time,
and
thereafter
so
transmit
18
ballots
immediately
upon
receipt
of
requests.
A
request
for
19
ballot
for
the
primary
election
which
does
not
state
the
party
20
affiliation
of
the
voter
making
the
request
is
void
and
of
no
21
effect.
A
request
which
does
not
show
that
the
person
for
whom
22
a
ballot
is
requested
will
be
a
qualified
voter
in
the
precinct
23
in
which
the
ballot
is
to
be
cast
on
the
day
of
the
election
for
24
which
the
ballot
is
requested,
shall
not
be
honored.
However,
25
a
request
which
states
the
age
and
the
city,
including
street
26
address,
and
county
where
the
voter
resides
is
sufficient
to
27
show
that
the
person
is
a
qualified
voter.
A
request
by
the
28
voter
containing
substantially
the
information
required
is
29
sufficient.
30
Sec.
22.
Section
53.47,
Code
2011,
is
amended
to
read
as
31
follows:
32
53.47
Materials
furnished
by
department
of
administrative
33
services
state
commissioner
.
34
1.
In
order
to
establish
uniformity
in
size,
weight
35
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HF
2319
(3)
84
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14
H.F.
2319
and
other
characteristics
of
the
ballot
and
facilitate
its
1
distribution
and
return,
the
department
of
administrative
2
services
shall
upon
direction
of
the
state
commissioner
3
shall
purchase
any
material
needed
for
any
special
ballots,
4
envelopes
,
and
other
printed
matter,
and
sell
any
such
5
materials
to
the
several
counties
of
the
state
at
cost
plus
6
handling
and
transportation
costs.
7
2.
There
is
hereby
appropriated
to
the
department
of
8
administrative
services
state
commissioner
from
the
general
9
fund
of
the
state
such
sums
as
may
be
necessary
to
purchase
10
any
materials
provided
for
herein.
The
proceeds
from
sale
of
11
such
materials
to
counties
shall
be
turned
into
the
general
12
fund
of
the
state
upon
receipt
of
same
by
the
department
of
13
administrative
services
state
commissioner
.
14
Sec.
23.
Section
69.14,
Code
2011,
is
amended
to
read
as
15
follows:
16
69.14
Special
election
to
fill
vacancies.
17
A
special
election
to
fill
a
vacancy
shall
be
held
for
a
18
representative
in
Congress,
or
senator
or
representative
in
the
19
general
assembly,
when
the
body
in
which
such
vacancy
exists
is
20
in
session,
or
will
convene
prior
to
the
next
general
election
,
21
and
the
.
The
governor
shall
order,
not
later
than
five
days
22
from
the
date
the
vacancy
exists,
a
special
election,
giving
23
not
less
than
seventy-six
days’
notice
of
such
election
to
24
fill
a
vacancy
in
the
office
of
representative
in
Congress
or
25
forty
days’
notice
of
such
election
to
fill
a
vacancy
in
the
26
office
of
senator
or
representative
in
the
general
assembly
.
27
In
the
event
the
special
election
is
to
fill
a
vacancy
in
the
28
general
assembly
while
it
is
in
session
or
within
forty-five
29
days
of
the
convening
of
any
session,
the
time
limit
provided
30
in
this
section
shall
not
apply
and
the
governor
shall
order
31
such
special
election
at
the
earliest
practical
time,
giving
32
at
least
eighteen
days’
notice
of
the
special
election.
Any
33
special
election
called
under
this
section
must
be
held
on
34
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
school
35
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2319
(3)
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14
H.F.
2319
election
within
the
district.
1
Sec.
24.
Section
372.13,
subsection
2,
paragraph
a,
Code
2
2011,
is
amended
to
read
as
follows:
3
a.
(1)
By
appointment
by
the
remaining
members
of
the
4
council,
except
that
if
the
remaining
members
do
not
constitute
5
a
quorum
of
the
full
membership,
paragraph
“b”
shall
be
6
followed.
The
appointment
shall
be
made
within
forty
days
7
after
the
vacancy
occurs
and
shall
be
for
the
period
until
the
8
next
pending
election
as
defined
in
section
69.12
,
and
shall
9
be
made
within
forty
days
after
the
vacancy
occurs
regular
10
city
election
described
in
section
376.1,
unless
there
is
an
11
intervening
special
election
in
that
city,
in
which
event
the
12
election
for
the
office
shall
be
placed
on
the
ballot
at
such
13
special
election
.
14
(2)
If
the
council
chooses
to
proceed
under
this
paragraph,
15
it
shall
publish
notice
in
the
manner
prescribed
by
section
16
362.3
,
stating
that
the
council
intends
to
fill
the
vacancy
17
by
appointment
but
that
the
electors
of
the
city
or
ward,
as
18
the
case
may
be,
have
the
right
to
file
a
petition
requiring
19
that
the
vacancy
be
filled
by
a
special
election.
The
council
20
may
publish
notice
in
advance
if
an
elected
official
submits
21
a
resignation
to
take
effect
at
a
future
date.
The
council
22
may
make
an
appointment
to
fill
the
vacancy
after
the
notice
23
is
published
or
after
the
vacancy
occurs,
whichever
is
later.
24
However,
if
within
fourteen
days
after
publication
of
the
25
notice
or
within
fourteen
days
after
the
appointment
is
made,
26
there
is
filed
with
the
city
clerk
a
petition
which
requests
a
27
special
election
to
fill
the
vacancy,
an
appointment
to
fill
28
the
vacancy
is
temporary
and
the
council
shall
call
a
special
29
election
to
fill
the
vacancy
permanently,
under
paragraph
“b”
.
30
The
number
of
signatures
of
eligible
electors
of
a
city
for
a
31
valid
petition
shall
be
determined
as
follows:
32
(1)
(a)
For
a
city
with
a
population
of
ten
thousand
or
33
less,
at
least
two
hundred
signatures
or
at
least
the
number
of
34
signatures
equal
to
fifteen
percent
of
the
voters
who
voted
for
35
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2319
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84
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14
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2319
candidates
for
the
office
at
the
preceding
regular
election
at
1
which
the
office
was
on
the
ballot,
whichever
number
is
fewer.
2
(2)
(b)
For
a
city
with
a
population
of
more
than
ten
3
thousand
but
not
more
than
fifty
thousand,
at
least
one
4
thousand
signatures
or
at
least
the
number
of
signatures
equal
5
to
fifteen
percent
of
the
voters
who
voted
for
candidates
for
6
the
office
at
the
preceding
regular
election
at
which
the
7
office
was
on
the
ballot,
whichever
number
is
fewer.
8
(3)
(c)
For
a
city
with
a
population
of
more
than
fifty
9
thousand,
at
least
two
thousand
signatures
or
at
least
the
10
number
of
signatures
equal
to
ten
percent
of
the
voters
who
11
voted
for
candidates
for
the
office
at
the
preceding
regular
12
election
at
which
the
office
was
on
the
ballot,
whichever
13
number
is
fewer.
14
(4)
(d)
The
minimum
number
of
signatures
for
a
valid
petition
15
pursuant
to
subparagraphs
(1)
subparagraph
divisions
(a)
16
through
(3)
(d)
shall
not
be
fewer
than
ten.
In
determining
17
the
minimum
number
of
signatures
required,
if
at
the
last
18
preceding
election
more
than
one
position
was
to
be
filled
for
19
the
office
in
which
the
vacancy
exists,
the
number
of
voters
20
who
voted
for
candidates
for
the
office
shall
be
determined
by
21
dividing
the
total
number
of
votes
cast
for
the
office
by
the
22
number
of
seats
to
be
filled.
23
Sec.
25.
EFFECTIVE
UPON
ENACTMENT.
The
following
24
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
25
importance,
take
effect
upon
enactment:
26
1.
The
section
of
this
Act
amending
section
43.24,
27
subsection
1,
paragraph
“b”.
28
2.
The
section
of
this
Act
amending
section
43.24,
29
subsection
2,
paragraph
“b”.
30
3.
The
section
of
this
Act
amending
section
43.88.
31
4.
The
sections
of
this
Act
amending
section
44.4,
32
subsections
1
and
2.
33
5.
The
section
of
this
Act
amending
section
53.39,
34
subsection
2.
35
-13-
HF
2319
(3)
84
aw/sc
13/
14
