Bill Text: IA HF566 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to political subdivision elections by changing the date of the election of directors of local school districts, merged areas, and area education agency boards, by providing for the combined administration of regular and special school and city elections, making changes to the administration of elections for political subdivisions located in more than one county, establishing requirements for ballot arrangement and placement for political subdivision offices, and including effective date and applicability and transition provisions. (Formerly HF 166.) Effective 7-1-17, with exception of Divisions I and II effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2017-05-11 - Signed by Governor. H.J. 1148. [HF566 Detail]
Download: Iowa-2017-HF566-Enrolled.html
House File 566 - Enrolled
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HF 166)
\5
A BILL FOR
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House File 566
AN ACT
RELATING TO POLITICAL SUBDIVISION ELECTIONS BY CHANGING
THE DATE OF THE ELECTION OF DIRECTORS OF LOCAL SCHOOL
DISTRICTS, MERGED AREAS, AND AREA EDUCATION AGENCY BOARDS,
BY PROVIDING FOR THE COMBINED ADMINISTRATION OF REGULAR
AND SPECIAL SCHOOL AND CITY ELECTIONS, MAKING CHANGES TO
THE ADMINISTRATION OF ELECTIONS FOR POLITICAL SUBDIVISIONS
LOCATED IN MORE THAN ONE COUNTY, ESTABLISHING REQUIREMENTS
FOR BALLOT ARRANGEMENT AND PLACEMENT FOR POLITICAL
SUBDIVISION OFFICES, AND INCLUDING EFFECTIVE DATE AND
APPLICABILITY AND TRANSITION PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ELECTION DAY FOR REGULAR SCHOOL ELECTIONS
Section 1. Section 39.2, subsection 4, paragraph c, Code
2017, is amended to read as follows:
c. For a school district or merged area, in the odd=numbered
year, the first Tuesday in February March, the first Tuesday in
April May, the last first Tuesday in June August, or the second
first Tuesday after the first Monday in September November.
For a school district or merged area, in the even=numbered
year, the first Tuesday in February March, the first Tuesday
in April May, the second first Tuesday in September August, or
the first Tuesday in December.
Sec. 2. Section 260C.12, subsection 1, Code 2017, is amended
to read as follows:
1. The board of directors of the merged area shall
organize at the first regular meeting in October following the
regular school election or at a special meeting called by the
secretary of the board to organize the board in advance of the
first regular meeting following the regular school election.
Organization of the board shall be effected by the election
of a president and other officers from the board membership
as board members determine. The board of directors shall
appoint a secretary and a treasurer who shall each give bond
as prescribed in section 291.2 and who shall each receive the
salary determined by the board. The secretary and treasurer
shall perform duties under chapter 291 and additional duties
the board of directors deems necessary. However, the board may
appoint one person to serve as the secretary and treasurer.
If one person serves as the secretary and treasurer, only one
bond is necessary for that person. The frequency of meetings
other than organizational meetings shall be as determined by
the board of directors but the president or a majority of the
members may call a special meeting at any time.
Sec. 3. Section 260C.13, subsection 1, Code 2017, is amended
to read as follows:
1. The board of a merged area may change the number of
directors on the board and shall make corresponding changes
in the boundaries of director districts. Changes shall be
completed not later than June August 1 of the year of the
regular school election. As soon as possible after adoption
of the boundary changes, notice of changes in the director
district boundaries shall be submitted by the merged area to
the county commissioner of elections in all counties included
in whole or in part in the merged area.
Sec. 4. Section 260C.15, subsection 5, Code 2017, is amended
to read as follows:
5. The votes cast in the election shall be canvassed and
abstracts of the votes cast shall be certified as required by
section 277.20. In each county whose commissioner of elections
is responsible under section 47.2 for conducting elections
held for a merged area, the county board of supervisors shall
convene on the last Monday in September November or at the
last regular board meeting in September November, canvass the
abstracts of votes cast and declare the results of the voting.
The commissioner shall at once issue certificates of election
to each person declared elected, and shall certify to the
merged area board in substantially the manner prescribed by
section 50.27 the result of the voting on any public question
submitted to the voters of the merged area. Members elected to
the board of directors of a merged area shall qualify by taking
the oath of office prescribed in section 277.28.
Sec. 5. Section 273.8, subsection 2, paragraphs a and b,
Code 2017, are amended to read as follows:
a. Notice of the election shall be published by the area
education agency administrator not later than July September 15
of the odd=numbered year in at least one newspaper of general
circulation in the director district. The cost of publication
shall be paid by the area education agency.
b. A candidate for election to the area education agency
board shall file a statement of candidacy with the area
education agency secretary not later than August October 15 of
the odd=numbered year, on forms prescribed by the department
of education. The statement of candidacy shall include the
candidate's name, address, and school district. The list of
candidates shall be sent by the secretary of the area education
agency in ballot form by certified mail to the presidents of
the boards of directors of all school districts within the
director district not later than September November 1. In
order for the ballot to be counted, the ballot must be received
in the secretary's office by the end of the normal business
day on September November 30 or be clearly postmarked by an
officially authorized postal service not later than September
November 29 and received by the secretary not later than noon
on the first Monday following September November 30.
Sec. 6. Section 273.8, subsection 4, paragraph a, Code 2017,
is amended to read as follows:
a. The board of directors of each area education agency
shall meet and organize at the first regular meeting in October
December following the regular school election at a suitable
place designated by the president. Directors whose terms
commence at the organizational meeting shall qualify by taking
the oath of office required by section 277.28 at or before the
organizational meeting.
Sec. 7. Section 273.8, subsection 6, Code 2017, is amended
to read as follows:
6. Change in directors. The board of an area education
agency may change the number of directors on the board and
shall make corresponding changes in the boundaries of director
districts. Changes shall be completed not later than July
September 1 of a fiscal the odd=numbered year for the director
district conventions to be held the following September
November.
Sec. 8. Section 277.1, Code 2017, is amended to read as
follows:
277.1 Regular election.
The regular election shall be held biennially on the second
first Tuesday after the first Monday in September November of
each odd=numbered year in each school district for the election
of officers of the district and merged area and for the purpose
of submitting to the voters any matter authorized by law.
Sec. 9. EFFECTIVE DATE. This division of this Act takes
effect July 1, 2019.
Sec. 10. APPLICABILITY.
1. This division of this Act applies to regular school
elections held on or after November 5, 2019, and to the terms
of office of directors of local school districts, merged areas,
and area education agencies commencing on or after that date.
2. Under this division of this Act, the regular school
elections previously scheduled to be held in September 2019
shall be held in November 2019.
DIVISION II
COMBINED ADMINISTRATION OF CITY AND SCHOOL ELECTIONS
Sec. 11. Section 39.2, subsection 1, paragraph b, Code 2017,
is amended to read as follows:
b. A special election shall not be held in conjunction with
the primary election. A special election shall not be held in
conjunction with a school election unless the special election
is for a school district or community college. A special
election shall not be held in conjunction with a regularly
scheduled or special city primary or city runoff election.
Sec. 12. Section 39.2, subsection 2, Code 2017, is amended
to read as follows:
2. Except as otherwise provided in subsection 1, a special
election may be held on the same day as a regularly scheduled
election if the two elections are not in conflict within the
meaning of section 47.6, subsection 2. A special election
may be held on the same day as a regularly scheduled election
with which it does so conflict if the commissioner who is
responsible for conducting the elections concludes that to do
so will cause no undue difficulties, except that a special
election for a city, school district, or merged area shall not
be scheduled to coincide with the general election.
Sec. 13. Section 39.2, subsection 4, paragraph b, Code 2017,
is amended to read as follows:
b. For a city, on the day of the general election, on the
day of the regular city election, on the date of a special
election held to fill a vacancy in the same city, or on in
the odd=numbered year, the first Tuesday in March, the first
Tuesday in May, or the first Tuesday in August of each year, or
the first Tuesday after the first Monday in November. For a
city, in the even=numbered year, the first Tuesday in March,
the first Tuesday in May, the first Tuesday in August, or the
first Tuesday in December.
Sec. 14. Section 44.11, Code 2017, is amended to read as
follows:
44.11 Vacancies filled.
If a candidate named under this chapter withdraws before the
deadline established in section 44.9, declines a nomination,
or dies before election day, or if a certificate of nomination
is held insufficient or inoperative by the officer with whom
it is required to be filed, or in case any objection made
to a certificate of nomination, or to the eligibility of any
candidate named in the certificate, is sustained by the board
appointed to determine such questions, the vacancy or vacancies
may be filled by the convention, or caucus, or in such manner
as such convention or caucus has previously provided. The
vacancy or vacancies shall be filled not less than seventy=four
days before the election in the case of nominations required
to be filed with the state commissioner, not less than
sixty=four days before the election in the case of nominations
required to be filed with the commissioner, not less than
thirty=five forty=two days before the election in the case of
nominations required to be filed in the office of the school
board secretary, and not less than forty=two days before the
election in the case of nominations required to be filed with
the commissioner for city elections.
Sec. 15. Section 47.2, subsection 2, Code 2017, is amended
to read as follows:
2. When an election is to be held as required by law or
is called by a political subdivision of the state and the
political subdivision is located in more than one county, the
county commissioner of elections of each of those counties
shall conduct that election within the commissioner's county.
However, the commissioner for the county having the greatest
taxable base within the political subdivision shall conduct
that election serve as the controlling commissioner for
the election. The controlling commissioner shall receive
all nomination papers and public measures for the political
subdivision. By the forty=first day prior to the election, the
controlling commissioner shall certify the names of candidates
and the text and summary of any public measure being submitted
to the electorate to all county commissioners of elections
required to conduct elections for the political subdivision.
The county commissioners of elections of the other counties
in which the political subdivision is located shall cooperate
with the county controlling commissioner of elections who is
conducting the election.
Sec. 16. Section 47.6, subsection 2, Code 2017, is amended
to read as follows:
2. For the purpose of this section, a conflict between
two elections exists only when one of the elections would
require use of precinct boundaries which differ from those
to be used for the other election, or when some but not all
of the registered voters of any precinct would be entitled
to vote in one of the elections and all of the registered
voters of the same precinct would be entitled to vote in
the other election. Nothing in this subsection shall deny
a commissioner discretionary authority to approve holding a
special election on the same date as another election, even
though the two elections may be defined as being in conflict,
if the commissioner concludes that to do so will cause no undue
difficulties.
Sec. 17. Section 49.9, Code 2017, is amended to read as
follows:
49.9 Proper place of voting.
Except as provided in section 49.11, subsection 3, paragraph
"b", and as required by the designation of a commissioner
pursuant to section 49.21, subsection 1, a person shall not
vote in any precinct but that of the person's residence.
Sec. 18. Section 49.21, subsection 1, Code 2017, is amended
to read as follows:
1. a. It is the responsibility of the commissioner to
designate a polling place for each precinct in the county.
Notwithstanding any provision of law to the contrary, for
city and school elections the commissioner shall, whenever
practicable, designate polling places so that an eligible
elector will be assigned to vote at the same polling place
at which the eligible elector would be assigned to vote at
the general election. However, if a city does not have a
polling place designated for the general election precinct, the
commissioner may designate an additional polling place for the
precinct in that city.
b. Each polling place designated shall be accessible to
persons with disabilities. However, if the commissioner is
unable to provide an accessible polling place for a precinct,
the commissioner shall apply for a temporary waiver of the
accessibility requirement. The state commissioner shall adopt
rules in accordance with chapter 17A prescribing standards
for determining whether a polling place is accessible and the
process for applying for a temporary waiver of accessibility.
Sec. 19. Section 49.30, Code 2017, is amended to read as
follows:
49.30 All candidates and issues on one ballot == exceptions.
1. All constitutional amendments, all public measures, and
the names of all candidates, other than presidential electors,
to be voted for in each election precinct, shall be printed on
one ballot, except that separate ballots are authorized when it
is not possible to include all offices and public measures on a
single ballot. In the event that it is not possible to include
all offices and public measures on a single ballot, separate
ballots may be provided for nonpartisan offices, judges, or
public measures.
2. If printed on the same ballot, the offices of political
subdivisions shall, if applicable, be printed in the following
order:
a. Those of a county.
b. Those of a city.
c. Those of a school district.
d. Those of a merged area.
e. Those of any other political subdivision.
3. If printed on the same ballot, the public measures of
political subdivisions shall be printed in the same order as
provided for offices of the political subdivisions.
Sec. 20. Section 49.31, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. The commissioner shall then arrange the surnames of each
political party's candidates for each office to which two or
more persons are to be elected at large alphabetically for
the respective offices for the first precinct on the list;
thereafter, for each political party and for each succeeding
precinct, the names appearing first for the respective offices
in the last preceding precinct shall be placed last, so that
the names that were second before the change shall be first
after the change. The commissioner may also rotate the names
of candidates of a political party in the reverse order of that
provided in this subsection or alternate the rotation so that
the candidates of different parties shall not be paired as they
proceed through the rotation. The procedure for arrangement
of names on ballots provided in this section shall likewise be
substantially followed in elections in political subdivisions
of less than a county.
Sec. 21. Section 49.31, subsection 2, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. On the regular and special city election
and school election ballots the names of candidates for city,
school district, and merged area offices shall be arranged
by drawing lots for position. The commissioner shall hold
the drawing on the second business day following the deadline
for filing of nomination papers or petitions under sections
260C.15, 277.4, and 376.4. If a candidate withdraws, dies, or
is removed from the ballot after the ballot position of names
has been determined, such candidate's name shall be removed
from the ballot, and the order of the remaining names shall not
be changed.
Sec. 22. Section 49.31, subsection 3, Code 2017, is amended
to read as follows:
3. The Except as otherwise provided in subsection 2,
paragraph "d", the ballots for any city elections, school
elections, special election, or any other election at which
any office is to be filled on a nonpartisan basis and the
statutes governing the office to be filled are silent as to
the arrangement of names on the ballot, shall contain the
names of all nominees or candidates arranged in alphabetical
order by surname under the heading of the office to be filled.
When Except as otherwise provided in subsection 2, paragraph
"d", when a city election, school election, special election,
or any other election at which an office is to be filled on
a nonpartisan basis, is held in more than one precinct, the
candidates' names shall be rotated on the ballot from precinct
to precinct in the manner prescribed by subsection 2 unless
there are no more candidates for an office than the number of
persons to be elected to that office.
Sec. 23. Section 49.41, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. A person shall not be a candidate for more than one
office to be filled at the same election, except that a person
may be a candidate for a city office and school board office at
the same election. A person who has been nominated for more
than one office and is prohibited from being a candidate for
more than one office shall file a written notice declaring the
office for which the person wishes to appear on the ballot.
Sec. 24. Section 49.51, Code 2017, is amended to read as
follows:
49.51 Commissioner to control printing.
The commissioner shall have charge of the printing of the
ballots to be used for any election held in the county, unless
the commissioner delegates that authority as permitted by this
section. The commissioner may delegate this authority only
to another commissioner who is responsible under section 47.2
for conducting the elections held for a political subdivision
which lies in more than one county, and only with respect to
printing of ballots containing only public questions or the
names of candidates to be voted upon by the registered voters
of that political subdivision. Only one facsimile signature,
that of the commissioner under whose direction the ballot is
printed, shall appear on the ballot. It is the duty of the
commissioner to insure that the arrangement of any ballots
printed under the commissioner's direction conforms to all
applicable requirements of this chapter.
Sec. 25. Section 49.73, subsection 1, paragraphs a and b,
Code 2017, are amended by striking the paragraphs.
Sec. 26. Section 49.73, subsection 2, Code 2017, is amended
to read as follows:
2. The commissioner shall not shorten voting hours for any
election if there is filed in the commissioner's office, at
least twenty=five days before the election, a petition signed
by at least fifty eligible electors of the school district
or city, as the case may be, requesting that the polls be
opened not later than 7:00 a.m. All polling places where the
candidates of or any public question submitted by any one
political subdivision are being voted upon shall be opened at
the same hour, except that this requirement shall not apply
to merged areas established under chapter 260C. The hours at
which the respective precinct polling places are to open shall
not be changed after publication of the notice required by
section 49.53. The polling places shall be closed at 9:00 p.m.
for state primary and general elections and other partisan
elections, and for any other election held concurrently
therewith, and at 8:00 p.m. for all other elections.
Sec. 27. Section 50.11, Code 2017, is amended to read as
follows:
50.11 Proclamation of result.
1. When the canvass is completed one of the precinct
election officials shall publicly announce the total number of
votes received by each of the persons voted for, the office for
which the person is designated, as announced by the designated
tally keepers, and the number of votes for, and the number of
votes against, any proposition which shall have been submitted
to a vote of the people. A precinct election official shall
communicate the election results by telephone or in person to
the commissioner who is conducting the election immediately
upon completion of the canvass.
2. Election results may be transmitted electronically from
voting equipment to the commissioner's office only after the
precinct election officials have produced a written report of
the election results. The devices used for the electronic
transmission of election results shall be approved for use
by the board of examiners pursuant to section 52.41. The
state commissioner of elections shall adopt rules establishing
procedures for the electronic transmission of election results.
3. The commissioner shall remain on duty until such
information is communicated to the commissioner from each
polling place in the commissioner's county. For an election
for a political subdivision that is located in more than one
county, the commissioner shall, if applicable, communicate
that county's election results for the political subdivision
to the controlling commissioner for that political subdivision
under section 47.2, and the controlling commissioner shall
remain on duty until such information is communicated to
the controlling commissioner from each commissioner for the
political subdivision.
Sec. 28. Section 50.24, Code 2017, is amended by adding the
following new subsections:
NEW SUBSECTION. 3A. For a regular or special city election
or a city runoff election, if the city is located in more than
one county, the controlling commissioner for that city under
section 47.2 shall conduct a second canvass on the second
Monday or Tuesday after the day of the election. However, if a
recount is requested pursuant to section 50.48, the controlling
commissioner shall conduct the second canvass within two
business days after the conclusion of the recount proceedings.
Each commissioner conducting a canvass for the city pursuant
to subsection 1 shall transmit abstracts for the offices and
public measures of that city to the controlling commissioner
for that city, along with individual tallies for each write=in
candidate. At the second canvass, the county board of
supervisors of the county of the controlling commissioner shall
canvass the abstracts received pursuant to this subsection and
shall prepare a combined city abstract stating the number of
votes cast in the city for each office and on each question on
the ballot for the city election. The combined city abstract
shall further indicate the name of each person who received
votes for each office on the ballot, the number of votes each
person named received for that office, and the number of votes
for and against each question submitted to the voters at the
election. The votes of all write=in candidates who each
received less than five percent of the total votes cast in the
city for an office shall be reported collectively under the
heading "scattering".
NEW SUBSECTION. 3B. a. For a regular or special school
election, if the school district is located in more than one
county, the controlling commissioner for that school district
under section 47.2 shall conduct a second canvass on the second
Monday or Tuesday after the day of election. However, if a
recount is requested pursuant to section 50.48, the controlling
commissioner shall conduct the second canvass within two
business days after the conclusion of the recount proceedings.
Each commissioner conducting a canvass for the school district
pursuant to subsection 1 shall transmit abstracts for the
offices and public measures of that school district to the
controlling commissioner for that school district, along with
individual tallies for each write=in candidate. At the second
canvass the county board of supervisors of the controlling
county shall canvass the abstracts received pursuant to
this subsection and shall prepare a combined school district
abstract stating the number of votes cast in the school
district for each office and on each question on the ballot for
the school election. The combined school district abstract
shall further indicate the name of each person who received
votes for each office on the ballot, the number of votes each
person named received for that office, and the number of votes
for and against each question submitted to the voters at the
election. The votes of all write=in candidates who each
received less than five percent of the total votes cast in the
school district for an office shall be reported collectively
under the heading "scattering".
b. The second canvass of votes for a merged area shall be
conducted pursuant to section 260C.15, subsection 5, and each
commissioner conducting a canvass for the merged area pursuant
to subsection 1 shall transmit abstracts for the offices and
public measures of that school district to the controlling
commissioner for that merged area, along with individual
tallies for each write=in candidate.
Sec. 29. Section 50.48, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
The county board of canvassers shall order a recount of the
votes cast for a particular office or nomination in one or
more specified election precincts in that county if a written
request therefor for a recount is made not later than 5:00 p.m.
on the third day following the county board's canvass of the
election in question. For a city runoff election held pursuant
to section 376.9, the written request must be made not later
than 5:00 p.m. on the day following the county board's canvass
of the city runoff election. The request shall be filed with
the commissioner of that county, or with the commissioner
responsible for conducting the election if section 47.2,
subsection 2, is applicable, and shall be signed by either of
the following:
Sec. 30. Section 52.25, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. In the case of a public question to be voted on in
a political subdivision lying in more than one county, the
summary shall be worded by the controlling commissioner
responsible under section 47.2 for conducting that election.
Sec. 31. Section 53.40, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. A request in writing for a ballot may be made by any
member of the armed forces of the United States who is or
will be a qualified voter on the day of the election at which
the ballot is to be cast, at any time before the election.
Any member of the armed forces of the United States may
request ballots for all elections to be held during a calendar
year. The request may be made by using the federal postcard
application form and indicating that the applicant wishes to
receive ballots for all elections as permitted by state law.
If the applicant does not specify which elections the request
is for, the county commissioner shall send the applicant a
ballot for each federal election held after the application
is received until the end of the calendar year in which the
request is received. If the applicant requests ballots for all
elections to be held in a calendar year, the commissioner, if
necessary, shall forward a copy of the absentee ballot request
to other commissioners who are responsible under section 47.2,
subsection 2, for conducting elections in which the applicant
is eligible to vote.
Sec. 32. Section 260C.15, subsection 3, Code 2017, is
amended to read as follows:
3. Nomination papers on behalf of candidates for member of
the board of directors of a merged area shall be filed with the
secretary of the board not earlier than sixty=four seventy=one
days nor later than 5:00 p.m. on the fortieth forty=seventh day
prior to the election at which members of the board are to be
elected. On the day following the last day on which nomination
petitions can be filed, and no later than 5:00 p.m. on that
day, the secretary shall deliver all nomination petitions so
filed, together with the text of any public measure being
submitted by the board of directors to the electorate, to the
merged area's controlling county commissioner of elections who
is responsible under section 47.2 for conducting elections
held for the merged area. That controlling commissioner shall
certify the names of candidates, and the text and summary of
any public measure being submitted to the electorate, to all
county commissioners of elections in the merged area by the
thirty=fifth forty=second day prior to the election.
Sec. 33. Section 260C.15, subsection 4, paragraph b, Code
2017, is amended to read as follows:
b. The objection must be filed with the secretary of the
board at least thirty=five forty=two days before the day of
the election at which members of the board are elected. When
objections are filed, notice shall immediately be given to
the candidate affected, addressed to the candidate's place
of residence as given on the candidate's affidavit, stating
that objections have been made to the legal sufficiency of
the petition or to the eligibility of the candidate, and also
stating the time and place the objections will be considered.
The board secretary shall also attempt to notify the candidate
by telephone if the candidate provided a telephone number on
the candidate's affidavit.
Sec. 34. Section 260C.15, subsection 5, Code 2017, is
amended to read as follows:
5. The votes cast in the election shall be canvassed and
abstracts of the votes cast shall be certified as required by
section 277.20. In each county whose commissioner of elections
is responsible the controlling commissioner for a merged area
under section 47.2 for conducting elections held for a merged
area, the county board of supervisors shall convene on the last
Monday in September or at the last regular board meeting in
September, canvass the abstracts of votes cast from each county
in the merged area, and declare the results of the voting. The
commissioner shall at once issue certificates of election to
each person declared elected, and shall certify to the merged
area board in substantially the manner prescribed by section
50.27 the result of the voting on any public question submitted
to the voters of the merged area. Members elected to the board
of directors of a merged area shall qualify by taking the oath
of office prescribed in section 277.28.
Sec. 35. Section 260C.22, subsection 3, Code 2017, is
amended to read as follows:
3. A voted tax imposed under this section may be
discontinued, or its maximum rate increased, by petition and
election. Upon receipt of a petition containing the required
number of signatures, the board of directors of a merged
area shall direct the each county commissioner of elections
responsible under section 47.2 for conducting elections in the
merged area to submit to the voters of the merged area the
question of whether to discontinue the authority of the board
of directors to impose the voted tax under this section or
to increase the maximum rate of the voted tax, whichever is
applicable. The petition must be signed by eligible electors
equal in number to not less than twenty=five percent of the
votes cast at the last preceding election in the merged area
where the question of the imposition of the tax appeared on the
ballot and received by the board of directors by June 1 of the
year in which the election is to be held. The question shall
be submitted at an election held on a date authorized for an
election under subsection 1, paragraph "a". If a majority of
those voting on the question of discontinuance of the board of
directors' authority to impose the tax favors discontinuance,
the board shall not impose the tax for any fiscal year
beginning after expiration of the period of time for imposing
the tax approved at the last election under subsection 1 or the
period of time for imposing the tax established by resolution
of the board under subsection 2 that is in effect on the
date the petition for the election is filed with the board,
whichever is applicable, unless following discontinuance the
voted tax is again authorized at election under subsection 1.
If the question of whether to discontinue the authority of the
board of directors to impose the tax fails to gain approval at
election, the question shall not be submitted to the voters of
the merged area for a period of ten years following the date of
the election. If a majority of those voting on the question to
increase the maximum rate of the voted tax favors the proposed
increase, the new maximum rate shall apply to fiscal years
beginning after the date of the election.
Sec. 36. Section 260C.28, subsection 3, paragraph c, Code
2017, is amended to read as follows:
c. The additional tax authorized under subsection 2 may
be discontinued by petition and election. Upon receipt of a
petition containing the required number of signatures, the
board of directors of a merged area shall direct the each
county commissioner of elections responsible under section
47.2 for conducting elections in the merged area to submit
to the voters of the merged area the question of whether
to discontinue the authority of the board of directors to
impose the additional tax under subsection 2. The petition
must be signed by eligible electors equal in number to not
less than twenty=five percent of the votes cast at the last
preceding election in the merged area where the question of
the imposition of the additional tax appeared on the ballot.
The question shall be submitted at an election held on a date
specified in section 39.2, subsection 4, paragraph "c". If
a majority of those voting on the question of discontinuance
of the board of directors' authority to impose the additional
tax favors discontinuance, the board shall not impose the
additional tax for any fiscal year beginning after the
expiration of the period of time for imposing the tax approved
at the last election under paragraph "a" or the period of time
for imposing the additional tax established by resolution of
the board under paragraph "b" that is in effect on the date the
petition for the election is filed with the board, whichever
is applicable, unless following discontinuance the additional
tax is again authorized at election under paragraph "a". If
the question of whether to discontinue the authority of the
board of directors to impose the additional tax fails to gain
approval at election, the question shall not be submitted
to the voters of the merged area for a period of ten years
following the date of the election.
Sec. 37. Section 275.22, Code 2017, is amended to read as
follows:
275.22 Canvass and return.
The precinct election officials shall count the ballots,
and make return to and deposit the ballots with the county
commissioner of elections, who shall enter the return of record
in the commissioner's office. The election tally lists,
including absentee ballots, shall be listed by individual
school district. The canvass shall be conducted pursuant
to section 50.24. The county commissioner of elections or
controlling commissioner shall certify the results of the
election to the area education agency administrator. If the
majority of the votes cast by the registered voters is in favor
of the proposition, as provided in section 275.20, a new school
corporation shall be organized. If the majority of votes cast
is opposed to the proposition, a new petition describing the
identical or similar boundaries shall not be filed for at least
six months from the date of the election. If territory is
excluded from the reorganized district, action pursuant to
section 274.37 shall be taken prior to the effective date of
reorganization. The secretary of the new school corporation
shall file a written description of the boundaries as provided
in section 274.4.
Sec. 38. Section 277.4, subsection 1, Code 2017, is amended
to read as follows:
1. Nomination papers for all candidates for election
to office in each school district shall be filed with the
secretary of the school board not more than sixty=four
seventy=one days, nor less than forty forty=seven days before
the election. Nomination petitions shall be filed not later
than 5:00 p.m. on the last day for filing. If the school
board secretary is not readily available during normal office
hours, the secretary may designate a full=time employee of
the school district who is ordinarily available to accept
nomination papers under this section. On the final date for
filing nomination papers the office of the school secretary
shall remain open until 5:00 p.m.
Sec. 39. Section 277.5, Code 2017, is amended to read as
follows:
277.5 Objections to nominations.
1. Objections to the legal sufficiency of a nomination
petition or to the eligibility of a candidate may be filed by
any person who would have the right to vote for a candidate for
the office in question. The objection must be filed with the
secretary of the school board at least thirty=five forty=two
days before the day of the school election. When objections
are filed notice shall forthwith be given to the candidate
affected, addressed to the candidate's place of residence as
given on the candidate's affidavit, stating that objections
have been made to the legal sufficiency of the petition or to
the eligibility of the candidate, and also stating the time and
place the objections will be considered.
2. Objections shall be considered not later than two working
days following the receipt of the objections by the president
of the school board, the secretary of the school board, and
one additional member of the school board chosen by ballot.
If objections have been filed to the nominations of either of
those school officials, that official shall not pass on the
objection. The official's place shall be filled by a member
of the school board against whom no objection exists. The
replacement shall be chosen by ballot.
Sec. 40. Section 277.20, Code 2017, is amended to read as
follows:
277.20 Canvassing returns.
1. On the next Friday after the regular school election, the
county board of supervisors shall The canvass the of returns
made to the county commissioner of elections from the several
precinct polling places and the absentee ballot counting board,
ascertain the result of the voting with regard to every matter
voted upon and cause a record to be made thereof as required
by shall be conducted pursuant to section 50.24. Special
elections held in school districts shall be canvassed at the
time and in the manner required by that section 50.24. The
appropriate board of supervisors shall declare the results
of the voting for members of boards of directors of school
corporations nominated pursuant to section 277.4, and the
commissioner of elections or controlling commissioner for the
district shall at once issue a certificate of election to
each person declared elected. The appropriate board shall
also declare the results of the voting on any public question
submitted to the voters of a single school district, and the
commissioner or controlling commissioner shall certify the
result as required by section 50.27.
2. The abstracts of the votes cast for members of the board
of directors of any merged area, and of the votes cast on any
public question submitted to the voters of any merged area,
shall be promptly certified by the county commissioner of
elections to the merged area's controlling county commissioner
of elections who is responsible under section 47.2 for
conducting the elections held for that merged area.
Sec. 41. Section 376.6, subsection 2, Code 2017, is amended
to read as follows:
2. Each city clerk shall certify to the city's controlling
commissioner of elections responsible under section 47.2 for
conducting elections for that city the type of nomination
process to be used for the city no later than ninety days
before the date of the regular city election. If the city has
by ordinance chosen a runoff election or has chosen to have
nominations made in the manner provided by chapter 44 or 45,
or has repealed nomination provisions under those sections
in preference for the primary election method, a copy of the
city ordinance shall be attached. No changes in the method of
nomination to be used in a city shall be made after the clerk
has filed the certification with the commissioner, unless the
change will not take effect until after the next regular city
election.
Sec. 42. Section 376.9, subsection 2, Code 2017, is amended
to read as follows:
2. a. Runoff elections shall be held four weeks after the
date of the regular city election and shall be conducted in the
same manner as regular city elections, except that the county
board of supervisors required to canvass the vote of the runoff
election pursuant to section 50.24 shall meet to canvass the
vote on the Thursday following the runoff election.
b. For a city that is located in more than one county,
the county board of supervisors conducting the canvass under
paragraph "a" shall transmit abstracts for the offices and
public measures of that city, along with individual tallies for
each write=in candidate, to the city's controlling commissioner
under section 47.2 within twenty=four hours of completing the
canvass. The county board of supervisors of the county of the
controlling commissioner shall canvass the abstracts received
pursuant to this subsection on the first Monday or the first
Tuesday after the day of the runoff election and shall proceed
as provided in section 50.24, subsection 3A.
Sec. 43. REPEAL. Section 277.6, Code 2017, is repealed.
Sec. 44. EFFECTIVE DATE. This division of this Act takes
effect July 1, 2019.
DIVISION III
TRANSITION PROVISIONS
Sec. 45. TERM OF OFFICE ==== TRANSITION PROVISIONS.
1. Notwithstanding the provisions of section 260C.11
designating a term of four years for members of a board of
directors of a merged area, the term of office for a seat on a
board of directors filled at the regular school election held
on:
a. September 8, 2015, shall expire November 5, 2019.
b. September 12, 2017, shall expire November 2, 2021.
2. Notwithstanding the provisions of section 273.8,
subsection 1, designating a term of four years for members of
a board of directors of an area education agency, the term of
office for a seat on a board of directors filled by election
in:
a. September 2015 shall expire November 30, 2019.
b. September 2017 shall expire November 30, 2021.
3. Notwithstanding the provisions of section 274.7
designating a term of four years for members of a board of
directors of a school district, the term of office for a seat
on a board of directors filled at the regular school election
held on:
a. September 8, 2015, shall expire November 5, 2019.
b. September 12, 2017, shall expire November 2, 2021.
LINDA UPMEYER
JACK WHITVER
CARMINE BOAL
TERRY E. BRANSTA
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