House
Study
Bill
513
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
elections
administration
with
respect
to
the
1
address
confidentiality
program,
satellite
absentee
voting,
2
and
the
conduct
of
school
district
elections.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
9E.6,
subsection
1,
Code
2016,
is
amended
1
to
read
as
follows:
2
1.
a.
A
program
participant
who
is
an
eligible
elector
3
may
register
to
vote
with
the
state
commissioner
of
elections,
4
pursuant
to
section
48A.8,
subsection
1
.
The
name,
address,
5
and
telephone
number
of
a
program
participant
shall
not
be
6
listed
in
the
statewide
voter
registration
system.
7
b.
A
program
participant’s
voter
registration
shall
not
be
8
open
to
challenge
under
section
48A.14
based
on
participation
9
in
the
program
and
use
of
a
designated
address.
10
Sec.
2.
Section
9E.6,
Code
2016,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3.
a.
An
absentee
ballot
submitted
by
a
13
program
participant
shall
not
be
subject
to
a
challenge
under
14
section
49.79
or
53.31
if
the
challenge
is
based
on
the
voter’s
15
participation
in
the
program
and
use
of
a
designated
address.
16
b.
In
an
election
contested
pursuant
to
chapter
57:
17
(1)
The
state
commissioner
of
elections
shall,
upon
18
the
written
request
of
a
party
to
the
contest,
certify
the
19
eligibility
of
a
program
participant
to
vote
or
the
validity
20
of
a
program
participant’s
absentee
ballot.
A
written
request
21
submitted
under
this
paragraph
“b”
must
contain
the
voter
22
identification
number
affixed
to
the
program
participant’s
23
absentee
ballot.
24
(2)
A
deposition
shall
serve
as
testimony
for
a
program
25
participant.
A
court
or
tribunal
trying
the
contest
shall
26
coordinate
with
the
secretary
to
obtain
a
deposition
from
a
27
program
participant.
28
Sec.
3.
Section
53.10,
subsection
3,
Code
2016,
is
amended
29
to
read
as
follows:
30
3.
During
the
hours
when
absentee
ballots
are
available
in
31
the
office
of
the
commissioner,
electioneering
shall
not
be
32
allowed
within
the
sight
or
hearing
of
voters
at
the
absentee
33
voting
site
is
a
polling
place
for
purposes
of
section
39A.4,
34
subsection
1,
paragraph
“a”
.
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Sec.
4.
Section
53.11,
subsection
4,
Code
2016,
is
amended
1
to
read
as
follows:
2
4.
During
the
hours
when
absentee
ballots
are
available
at
a
3
satellite
absentee
voting
station,
electioneering
shall
not
be
4
allowed
within
the
sight
or
hearing
of
voters
at
the
satellite
5
absentee
voting
station
is
a
polling
place
for
purposes
of
6
section
39A.4,
subsection
1,
paragraph
“a”
.
7
Sec.
5.
Section
275.1,
subsection
1,
paragraphs
b
and
f,
8
Code
2016,
are
amended
to
read
as
follows:
9
b.
“Initial
board”
means
the
board
of
a
newly
reorganized
10
district
that
is
selected
pursuant
to
section
275.25
or
275.41
11
and
functions
until
the
organizational
meeting
following
the
12
third
second
regular
school
election
held
after
the
effective
13
date
of
the
reorganization.
14
f.
“Regular
board”
means
the
board
of
a
reorganized
district
15
that
begins
to
function
at
the
organizational
meeting
following
16
the
third
second
regular
school
election
held
after
the
17
effective
date
of
the
school
reorganization,
and
is
comprised
18
of
members
who
were
elected
to
the
current
terms
or
were
19
appointed
to
replace
members
who
were
elected.
20
Sec.
6.
Section
275.41,
subsection
3,
Code
2016,
is
amended
21
to
read
as
follows:
22
3.
Prior
to
the
effective
date
of
the
reorganization,
23
the
initial
board
shall
approve
a
plan
that
commences
at
the
24
first
regular
school
election
held
after
the
effective
date
25
of
the
merger
and
is
completed
at
the
third
second
regular
26
school
election
held
after
the
effective
date
of
the
merger,
27
to
replace
the
initial
board
with
the
regular
board.
If
the
28
petition
specifies
a
number
of
directors
on
the
regular
board
29
to
be
different
from
the
number
of
directors
on
the
initial
30
board,
the
plan
shall
provide
that
the
number
specified
in
31
the
petition
for
the
regular
board
is
in
place
by
the
time
32
the
regular
board
is
formed.
The
plan
shall
provide
that
as
33
nearly
as
possible
one-half
of
the
members
of
the
board
shall
34
be
elected
biennially,
and
if
a
special
election
was
held
to
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elect
a
member
to
create
an
odd
number
of
members
on
the
board,
1
the
term
of
that
member
shall
end
at
the
organizational
meeting
2
following
the
third
second
regular
school
election
held
after
3
the
effective
date.
4
Sec.
7.
Section
279.6,
subsection
1,
paragraph
a,
Code
2016,
5
is
amended
to
read
as
follows:
6
a.
Except
as
provided
in
paragraph
“b”
and
subsection
7
2
,
vacancies
occurring
among
the
officers
or
members
of
a
8
school
board
shall
be
filled
by
the
board
by
appointment.
A
9
person
so
appointed
to
fill
a
vacancy
in
an
elective
office
10
shall
hold
office
until
a
successor
is
elected
and
qualified
11
pursuant
to
at
the
next
regular
school
election,
unless
there
12
is
an
intervening
special
election
for
the
school
district,
in
13
which
event
a
successor
shall
be
elected
at
the
intervening
14
special
election,
in
accordance
with
section
69.12
.
To
fill
15
a
vacancy
occurring
among
the
members
of
a
school
board,
the
16
board
shall
publish
notice
in
the
manner
prescribed
by
section
17
279.36
,
stating
that
the
board
intends
to
fill
the
vacancy
18
by
appointment
but
that
the
electors
of
the
school
district
19
have
the
right
to
file
a
petition
requiring
that
the
vacancy
20
be
filled
by
a
special
election
conducted
pursuant
to
section
21
279.7
.
The
board
may
publish
notice
in
advance
if
a
member
22
of
the
board
submits
a
resignation
to
take
effect
at
a
future
23
date.
The
board
may
make
an
appointment
to
fill
the
vacancy
24
after
the
notice
is
published
or
after
the
vacancy
occurs,
25
whichever
is
later.
26
Sec.
8.
Section
279.7,
subsection
1,
Code
2016,
is
amended
27
to
read
as
follows:
28
1.
If
a
vacancy
or
vacancies
occur
among
the
elective
29
officers
or
members
of
a
school
board
and
the
remaining
members
30
of
the
board
have
not
filled
the
vacancy
within
thirty
days
31
after
the
vacancy
becomes
known
by
the
secretary
or
the
board
32
occurs
or
if
a
valid
petition
is
submitted
to
the
secretary
33
of
the
board
pursuant
to
section
279.6,
subsection
1
,
or
34
when
the
board
is
reduced
below
a
quorum,
the
secretary
of
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the
board,
or
if
there
is
no
secretary,
the
area
education
1
agency
administrator,
shall
call
a
special
election
in
the
2
district,
subdistrict,
or
subdistricts,
as
the
case
may
be,
3
to
fill
the
vacancy
or
vacancies.
The
county
commissioner
of
4
elections
shall
publish
the
notices
required
by
law
for
special
5
elections,
and
the
election
shall
be
held
not
sooner
than
6
thirty
days
nor
later
than
forty
days
after
the
thirtieth
day
7
following
the
day
the
vacancy
becomes
known
by
the
secretary
or
8
the
board
occurs
.
If
the
secretary
fails
for
more
than
three
9
days
to
call
an
election,
the
administrator
shall
call
it.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
elections
administration
with
respect
14
to
the
address
confidentiality
program
administered
by
the
15
secretary
of
state,
to
satellite
absentee
voting,
and
to
the
16
conduct
of
school
district
elections.
17
Relating
to
the
state’s
address
confidentiality
program,
the
18
bill
provides
that
a
program
participant’s
voter
registration
19
is
not
subject
to
challenge
based
on
participation
in
the
20
program
and
the
use
of
a
designated
address
nor
is
it
allowed
21
to
be
the
basis
for
challenges
under
Code
sections
49.79
22
(election
day
voting)
or
53.31
(absentee
voting).
In
the
case
23
of
an
election
contest,
the
bill
provides
for
the
certification
24
of
a
program
participant’s
eligibility
to
vote
and
the
validity
25
of
a
program
participant’s
absentee
ballot.
The
bill
also
26
provides
that
the
deposition
of
a
program
participant
shall
27
serve
as
testimony
in
a
contested
election.
28
Relating
to
satellite
absentee
voting,
current
law
prohibits
29
electioneering
within
the
sight
or
hearing
of
voters
at
the
30
satellite
absentee
voting
station.
Under
current
Code
section
31
39A.4,
subsection
1,
electioneering
and
other
specified
32
activity
is
prohibited
on
the
premises
of
a
polling
place
or
33
within
300
feet
of
an
outside
door
of
a
building
affording
34
access
to
a
room
where
the
polls
are
held,
or
of
an
outside
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door
of
a
building
affording
access
to
a
hallway,
corridor,
1
stairway,
or
other
means
of
reaching
the
room
where
the
polls
2
are
held.
The
bill
provides
that
a
satellite
absentee
voting
3
station
and
an
absentee
voting
site
at
a
county
commissioner
of
4
elections
office
are
also
polling
places
for
purposes
of
Code
5
section
39A.4,
subsection
1.
6
Relating
to
school
district
elections,
the
bill
requires
7
that
a
plan
for
school
district
reorganization
be
completed
8
at
the
second
regular
school
election
following
the
effective
9
date
of
the
reorganization.
Current
law
provides
that
10
reorganization
plans
be
commenced
at
the
first
regular
school
11
election
and
be
completed
at
the
third
regular
school
election.
12
Also
relating
to
school
elections,
the
bill
provides
that
13
when
a
school
board
vacancy
occurs,
that
a
person
appointed
to
14
fill
the
vacancy
shall
hold
office
until
a
successor
is
elected
15
and
qualified
at
the
next
regular
school
election
unless
there
16
is
an
intervening
special
election.
The
bill
also
makes
17
terminology
changes
related
to
the
timing
required
for
calling
18
and
holding
a
special
election
when
a
school
board
vacancy
19
occurs
and
a
replacement
has
not
been
appointed.
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