Bill Text: IA HSB78 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of elections, including general election ballot vacancies, voter registration, elections administration, absentee voting, and vacancies on school boards and merged area governing boards and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-20 - Passed subcommittee. [HSB78 Detail]
Download: Iowa-2017-HSB78-Introduced.html
House
Study
Bill
78
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
general
1
election
ballot
vacancies,
voter
registration,
elections
2
administration,
absentee
voting,
and
vacancies
on
school
3
boards
and
merged
area
governing
boards
and
including
4
effective
date
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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_____
DIVISION
I
1
CANDIDATE
WITHDRAWAL
2
Section
1.
Section
43.78,
Code
2017,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
5.
Any
candidate
nominated
to
fill
a
5
vacancy
in
accordance
with
this
section
may
withdraw
the
6
candidate’s
nomination
by
a
written
request
filed
as
follows:
7
a.
In
the
office
of
the
state
commissioner,
at
least
8
seventy-four
days
before
the
date
of
the
election.
9
b.
In
the
office
of
the
proper
commissioner,
at
least
10
sixty-four
days
before
the
date
of
the
election.
11
c.
In
the
office
of
the
state
commissioner,
in
case
of
a
12
special
election
to
fill
vacancies
in
Congress
or
the
general
13
assembly,
not
more
than:
14
(1)
Twenty
days
after
the
date
on
which
the
governor
issues
15
the
call
for
a
special
election
to
be
held
on
at
least
forty
16
days’
notice.
17
(2)
Five
days
after
the
date
on
which
the
governor
issues
18
the
call
for
a
special
election
to
be
held
on
at
least
ten
but
19
less
than
forty
days’
notice.
20
d.
In
the
office
of
the
proper
commissioner
or
the
state
21
commissioner,
as
applicable,
in
case
of
a
special
election
to
22
fill
vacancies,
at
least
twenty-five
days
before
the
day
of
23
election.
24
DIVISION
II
25
VOTER
REGISTRATION
26
Sec.
2.
Section
39A.2,
subsection
1,
Code
2017,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
0b.
Organizational
noncompliance
——
voter
29
registration.
A
third
or
any
subsequent
violation
of
section
30
48A.22,
subsection
2,
paragraph
“a”
or
“b”
.
31
Sec.
3.
Section
39A.4,
subsection
1,
Code
2017,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
0c.
Organizational
noncompliance
——
voter
34
registration.
A
second
violation
of
section
48A.22,
subsection
35
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2,
paragraph
“a”
or
“b”
.
1
Sec.
4.
Section
48A.2,
Code
2017,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
2A.
“Homeless
service
organization”
means
4
an
organization
that
serves
homeless
persons
and
near
homeless
5
persons
by
providing
overnight
shelter,
meals,
clothing,
6
transportation,
counseling,
child
care,
legal
services,
medical
7
or
mental
health
services,
or
traditional
housing.
8
Sec.
5.
Section
48A.7A,
subsection
1,
paragraph
c,
Code
9
2017,
is
amended
to
read
as
follows:
10
c.
In
lieu
of
paragraph
“b”
,
a
person
wishing
to
vote
may
11
establish
identity
and
residency
in
the
precinct
by
written
:
12
(1)
Written
oath
of
a
person
who
is
registered
to
vote
in
13
the
precinct.
The
registered
voter’s
oath
shall
attest
to
the
14
stated
identity
of
the
person
wishing
to
vote
and
that
the
15
person
is
a
current
resident
of
the
precinct.
The
oath
must
16
be
signed
by
the
attesting
registered
voter
in
the
presence
17
of
the
appropriate
precinct
election
official.
A
registered
18
voter
who
has
signed
an
oath
on
election
day
attesting
to
a
19
person’s
identity
and
residency
as
provided
in
this
paragraph
20
is
prohibited
from
signing
any
further
oaths
as
provided
in
21
this
paragraph
on
that
day.
22
(2)
Notarized
written
affidavit
signed
by
a
person
who
is
a
23
law
enforcement
officer
who
resides
or
works
within
the
county
24
that
the
eligible
voter
wishes
to
vote
in
and
who
has
personal
25
knowledge
of
the
person
wishing
to
vote.
The
law
enforcement
26
officer’s
oath
shall
attest
to
the
stated
identity
of
the
27
person
wishing
to
vote
and
that
the
person
wishing
to
vote
is
a
28
current
resident
of
the
precinct.
29
(3)
Notarized
written
affidavit
signed
by
a
person
who
is
an
30
employee
of
a
homeless
service
organization
who
works
within
31
the
county
that
the
eligible
voter
wishes
to
vote
in
and
who
32
has
personal
knowledge
of
the
person
wishing
to
vote.
The
33
homeless
service
organization
employee’s
oath
shall
attest
to
34
the
stated
identity
of
the
person
wishing
to
vote
and
that
the
35
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person
wishing
to
vote
is
a
current
resident
of
the
precinct.
1
Sec.
6.
Section
48A.7A,
subsection
4,
Code
2017,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
c.
The
form
of
the
notarized
affidavit
4
required
of
a
person
attesting
to
the
identity
and
residency
of
5
the
registrant
shall
read
as
follows:
6
I,
..........
(name
of
law
enforcement
officer
or
homeless
7
service
organization
employee),
do
solemnly
swear
or
affirm
all
8
of
the
following:
9
I
am
a:
10
☐
Law
enforcement
officer.
11
☐
Homeless
service
organization
employee.
12
I
am
a
resident
of
the
county
of
..........,
Iowa.
13
I
work
in
the
county
of
..........,
Iowa.
14
I
am
employed
at
..........
(street
address)
in
..........
15
(city
or
township).
16
I
personally
know
the
registrant
under
the
name
of
17
..........
(name
of
registrant),
and
I
personally
know
18
that
..........
(name
of
registrant)
is
a
resident
of
the
19
..........
precinct,
..........
ward
or
township,
city
of
20
..........,
county
of
..........,
Iowa.
21
I
understand
that
any
false
statement
in
this
affidavit
is
22
a
class
“D”
felony
punishable
by
no
more
than
five
years
in
23
confinement
and
a
fine
of
at
least
seven
hundred
fifty
dollars
24
but
not
more
than
seven
thousand
five
hundred
dollars.
25
..........
26
Signature
of
Law
Enforcement
Officer
or
Homeless
Service
27
Organization
Employee
28
Subscribed
and
sworn
before
me
on
........
(date).
29
..........
30
Signature
of
Notary
31
Sec.
7.
Section
48A.22,
Code
2017,
is
amended
to
read
as
32
follows:
33
48A.22
Voter
registration
by
volunteer
organizations.
34
1.
a.
The
secretary
of
state
shall
encourage
volunteer
35
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organizations
to
undertake
voter
registration
drives
by
1
providing
registration
forms.
2
b.
The
state
voter
registration
commission
shall
adopt
3
rules
in
accordance
with
chapter
17A
establishing
procedures
4
and
requirements
for
the
collection
and
submission
of
voter
5
registration
forms
by
volunteer
organizations.
6
2.
a.
A
volunteer
organization
that
collects
a
voter
7
registration
form
shall
submit
the
form
to
the
appropriate
8
commissioner,
regardless
of
completeness,
within
seven
days
of
9
receiving
the
form
from
an
applicant.
10
b.
Notwithstanding
paragraph
“a”
,
if
a
volunteer
11
organization
collects
a
voter
registration
form
within
forty
12
days
of
an
election,
the
volunteer
organization
shall
submit
13
the
form
to
the
appropriate
commissioner,
regardless
of
14
completeness,
within
seventy-two
hours
of
receiving
the
form
15
from
an
applicant
or
no
later
than
5:00
p.m.
on
the
Friday
16
before
the
election,
whichever
is
earlier.
17
3.
For
the
purposes
of
this
section,
a
volunteer
18
organization
will
be
considered
to
have
received
a
voter
19
registration
form
on
the
date
noted
by
an
applicant
on
a
form.
20
4.
A
person
acting
on
behalf
of
a
volunteer
organization
21
pursuant
to
subsection
1
who
fails
to
comply
with
subsection
2,
22
paragraph
“a”
or
“b”
,
commits
election
misconduct,
as
follows:
23
a.
A
first
violation
constitutes
a
technical
infraction
24
under
section
39A.6.
25
b.
A
second
violation
constitutes
election
misconduct
in
the
26
third
degree
under
section
39A.4.
27
c.
A
third
or
any
subsequent
violation
constitutes
election
28
misconduct
in
the
first
degree
under
section
39A.2.
29
Sec.
8.
Section
48A.27,
subsection
2,
paragraph
a,
30
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
31
(1)
A
signed,
written
notice
to
the
county
commissioner
32
in
person,
by
mail,
by
facsimile,
or
by
electronic
mail
33
submission
.
34
DIVISION
III
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ELECTIONS
ADMINISTRATION
GENERALLY
1
Sec.
9.
Section
49.16,
subsection
5,
Code
2017,
is
amended
2
to
read
as
follows:
3
5.
A
person
shall
not
serve
on
the
precinct
election
board
4
as
a
representative
of
a
political
party
if
the
person
has
5
changed
political
party
affiliation
from
that
of
the
political
6
party
which
selected
the
person
to
serve
as
a
precinct
election
7
official.
If
a
precinct
election
official
records
a
change
8
of
political
party,
the
official’s
name
shall
be
removed
from
9
the
list
of
precinct
election
officials
for
that
political
10
party.
The
chairperson
of
the
political
party
shall
be
11
notified
of
the
vacancy
and
may
designate
a
replacement.
If
12
the
chairperson
of
another
political
party
later
designates
the
13
person
as
a
precinct
election
official,
the
person
may
serve,
14
if
qualified.
If
a
precinct
election
official
serving
on
the
15
board
as
a
representative
of
a
political
party
records
a
change
16
of
political
party
to
vote
absentee
under
chapter
53
and
after
17
voting
absentee
records
a
change
of
political
party
back
to
18
the
political
party
the
official
represents
on
the
precinct
19
election
board,
the
official’s
name
shall
be
removed
from
the
20
list
of
precinct
election
officials
for
that
election.
The
21
chairperson
of
the
political
party
shall
be
notified
of
the
22
vacancy
and
may
designate
a
replacement
for
that
election.
23
Sec.
10.
Section
49.57,
subsection
2,
Code
2017,
is
amended
24
to
read
as
follows:
25
2.
In
the
area
of
the
general
election
ballot
for
straight
26
party
voting,
the
party
or
organization
names
shall
be
printed
27
in
upper
case
and
lower
case
letters
using
a
uniform
font
size
28
for
each
political
party
or
nonparty
political
organization.
29
The
font
size
shall
be
not
less
than
twelve
ten
point
type.
30
After
the
name
of
each
candidate
for
a
partisan
office
the
name
31
of
the
candidate’s
political
party
shall
be
printed
in
at
least
32
six
point
type.
The
names
of
political
parties
and
nonparty
33
political
organizations
may
be
abbreviated
on
the
remainder
of
34
the
ballot
if
both
the
full
name
and
the
abbreviation
appear
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in
the
“Straight
Party”
and
“Other
Political
Party”
areas
of
1
the
ballot.
2
Sec.
11.
Section
49.104,
subsection
7,
Code
2017,
is
amended
3
to
read
as
follows:
4
7.
Any
person
authorized
by
the
commissioner,
in
5
consultation
with
the
secretary
of
state,
for
the
purposes
of
6
conducting
and
attending
educational
voting
programs
for
youth
.
7
DIVISION
IV
8
ABSENTEE
VOTING
9
Sec.
12.
Section
53.8,
subsection
3,
paragraph
a,
Code
2017,
10
is
amended
to
read
as
follows:
11
a.
When
an
application
for
an
absentee
ballot
is
received
by
12
the
commissioner
of
any
county
from
a
registered
voter
who
is
a
13
patient
in
a
hospital
in
that
county
,
a
tenant
of
an
assisted
14
living
program,
as
defined
in
section
53.22,
in
that
county
as
15
shown
by
the
list
of
certifications
provided
the
commissioner
16
under
section
231C.21,
or
a
resident
of
any
facility
in
that
17
county
shown
to
be
a
health
care
facility
by
the
list
of
18
licenses
provided
the
commissioner
under
section
135C.29
,
the
19
absentee
ballot
shall
be
delivered
to
the
voter
and
returned
to
20
the
commissioner
in
the
manner
prescribed
by
section
53.22
.
21
Sec.
13.
Section
53.22,
Code
2017,
is
amended
to
read
as
22
follows:
23
53.22
Balloting
by
confined
persons.
24
1.
a.
(1)
A
registered
voter
who
has
applied
for
an
25
absentee
ballot,
in
a
manner
other
than
that
prescribed
by
26
section
53.10
or
53.11
,
and
who
is
a
resident
,
tenant,
or
27
patient
in
a
health
care
facility
,
assisted
living
program,
or
28
hospital
located
in
the
county
to
which
the
application
has
29
been
submitted
shall
be
delivered
the
appropriate
absentee
30
ballot
by
two
special
precinct
election
officers,
one
of
whom
31
shall
be
a
member
of
each
of
the
political
parties
referred
to
32
in
section
49.13
,
who
shall
be
appointed
by
the
commissioner
33
from
the
election
board
panel
for
the
special
precinct
34
established
by
section
53.20
.
The
special
precinct
election
35
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officers
shall
be
sworn
in
the
manner
provided
by
section
1
49.75
for
election
board
members,
shall
receive
compensation
2
as
provided
in
section
49.20
,
and
shall
perform
their
duties
3
during
the
ten
calendar
days
after
the
ballots
are
printed
if
4
the
commissioner
so
elects,
during
the
fourteen
calendar
days
5
preceding
the
election,
and
on
election
day
if
all
ballots
6
requested
under
section
53.8,
subsection
3
,
have
not
previously
7
been
delivered
and
returned.
8
(2)
If
materials
are
prepared
for
the
two
special
precinct
9
election
officials,
a
list
shall
be
made
of
all
voters
to
whom
10
ballots
are
to
be
delivered.
The
list
shall
be
sent
with
the
11
officials
who
deliver
the
ballots
and
shall
include
spaces
12
to
indicate
whether
the
person
was
present
at
the
hospital
,
13
assisted
living
program,
or
health
care
facility
when
the
14
officials
arrived,
whether
the
person
requested
assistance
15
from
the
officials,
whether
the
person
was
assisted
by
another
16
person
of
the
voter’s
choice,
the
time
that
the
ballot
was
17
returned
to
the
officials,
and
any
other
notes
the
officials
18
deem
necessary.
19
(3)
The
officials
shall
also
be
issued
a
supply
of
extra
20
ballots
to
replace
spoiled
ballots.
Receipts
shall
be
21
issued
in
substantially
the
same
form
as
receipts
issued
to
22
precinct
election
officials
pursuant
to
section
49.65
.
All
23
ballots
shall
be
accounted
for
and
shall
be
returned
to
the
24
commissioner.
Separate
envelopes
shall
be
provided
for
the
25
return
of
spoiled
ballots
and
unused
ballots.
26
b.
If
an
applicant
under
this
subsection
notifies
the
27
commissioner
that
the
applicant
will
not
be
available
at
the
28
health
care
facility
,
assisted
living
program,
or
hospital
29
address
at
any
time
during
the
ten-day
period
after
the
ballots
30
are
printed,
if
applicable,
or
during
the
fourteen-day
period
31
immediately
prior
to
the
election,
but
will
be
available
there
32
at
some
other
time
prior
to
the
election
or
on
election
day,
33
the
commissioner
shall
direct
the
two
special
precinct
election
34
officers
to
deliver
the
applicant’s
ballot
at
an
appropriate
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time
preceding
the
election
or
on
election
day.
If
a
person
1
who
so
requested
an
absentee
ballot
has
been
dismissed
from
2
the
health
care
facility
or
hospital,
or
is
no
longer
a
tenant
3
of
the
assisted
living
program,
the
special
precinct
election
4
officers
may
take
the
ballot
to
the
voter
if
the
voter
is
5
currently
residing
in
the
county.
6
c.
The
special
precinct
election
officers
shall
travel
7
together
in
the
same
vehicle
and
both
shall
be
present
when
an
8
applicant
casts
an
absentee
ballot.
If
either
or
both
of
the
9
special
precinct
election
officers
fail
to
appear
at
the
time
10
the
duties
set
forth
in
this
section
are
to
be
performed,
the
11
commissioner
shall
at
once
appoint
some
other
person,
giving
12
preference
to
persons
designated
by
the
respective
county
13
chairpersons
of
the
political
parties
described
in
section
14
49.13
,
to
carry
out
the
requirements
of
this
section
.
The
15
persons
authorized
by
this
subsection
to
deliver
an
absentee
16
ballot
to
an
applicant,
if
requested,
may
assist
the
applicant
17
in
filling
out
the
ballot
as
permitted
by
section
49.90
.
After
18
the
voter
has
securely
sealed
the
marked
ballot
in
the
envelope
19
provided
and
has
subscribed
to
the
oath,
the
voted
absentee
20
ballots
shall
be
deposited
in
a
sealed
container
which
shall
be
21
returned
to
the
commissioner
on
the
same
day
the
ballots
are
22
voted.
On
election
day
the
officers
shall
return
the
sealed
23
container
by
the
time
the
polls
are
closed.
24
2.
Any
registered
voter
who
becomes
a
patient
,
tenant,
or
25
resident
of
a
hospital
,
assisted
living
program,
or
health
26
care
facility
in
the
county
where
the
voter
is
registered
to
27
vote
within
three
days
prior
to
the
date
of
any
election
or
on
28
election
day
may
request
an
absentee
ballot
during
that
period
29
or
on
election
day.
As
an
alternative
to
the
application
30
procedure
prescribed
by
section
53.2
,
the
registered
voter
31
may
make
the
request
directly
to
the
officers
who
are
32
delivering
and
returning
absentee
ballots
under
this
section
.
33
Alternatively,
the
request
may
be
made
by
telephone
to
the
34
office
of
the
commissioner
not
later
than
four
hours
before
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the
close
of
the
polls.
If
the
requester
is
found
to
be
a
1
registered
voter
of
that
county,
these
officers
shall
deliver
2
the
appropriate
absentee
ballot
to
the
registered
voter
in
the
3
manner
prescribed
by
this
section
.
4
3.
For
any
election
except
a
primary
or
general
election
5
or
a
special
election
to
fill
a
vacancy
under
section
69.14
,
6
the
commissioner
may,
as
an
alternative
to
subsection
1
,
mail
7
an
absentee
ballot
to
an
applicant
under
this
section
to
be
8
voted
and
returned
to
the
commissioner
in
accordance
with
this
9
chapter
.
This
subsection
only
applies
to
applications
for
10
absentee
ballots
from
a
single
health
care
facility
,
assisted
11
living
program,
or
hospital
if
there
are
no
more
than
two
12
applications
from
that
facility
,
program,
or
hospital.
13
4.
The
commissioner
shall
mail
an
absentee
ballot
to
a
14
registered
voter
who
has
applied
for
an
absentee
ballot
and
15
who
is
a
patient
,
tenant,
or
resident
of
a
hospital
,
assisted
16
living
program,
or
health
care
facility
outside
the
county
in
17
which
the
voter
is
registered
to
vote.
18
5.
a.
If
the
registered
voter
becomes
a
patient
,
tenant,
19
or
resident
of
a
hospital
,
assisted
living
program,
or
health
20
care
facility
outside
the
county
where
the
voter
is
registered
21
to
vote
within
three
days
before
the
date
of
any
election
or
22
on
election
day,
the
voter
may
designate
a
person
to
deliver
23
and
return
the
absentee
ballot.
The
designee
may
be
any
person
24
the
voter
chooses
except
that
no
candidate
for
any
office
to
be
25
voted
upon
for
the
election
for
which
the
ballot
is
requested
26
may
deliver
a
ballot
under
this
subsection
.
The
request
for
27
an
absentee
ballot
may
be
made
by
telephone
to
the
office
of
28
the
commissioner
not
later
than
four
hours
before
the
close
of
29
the
polls.
If
the
requester
is
found
to
be
a
registered
voter
30
of
that
county,
the
ballot
shall
be
delivered
by
mail
or
by
the
31
person
designated
by
the
voter.
An
application
form
shall
be
32
included
with
the
absentee
ballot
and
shall
be
signed
by
the
33
voter
and
returned
with
the
ballot.
34
b.
Absentee
ballots
voted
under
this
subsection
shall
be
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delivered
to
the
commissioner
no
later
than
the
time
the
polls
1
are
closed
on
election
day.
If
the
ballot
is
returned
by
mail
2
the
return
envelope
must
be
received
by
the
time
the
polls
3
close,
or
be
clearly
postmarked
by
an
officially
authorized
4
postal
service
or
bear
an
intelligent
mail
barcode
traceable
5
to
a
date
of
entry
into
the
federal
mail
system
not
later
than
6
the
day
before
the
election
and
received
by
the
commissioner
no
7
later
than
the
time
established
for
the
canvass
by
the
board
of
8
supervisors
for
that
election.
9
6.
Observers
representing
candidates,
political
parties,
10
or
nonparty
political
organizations,
or
observers
who
are
11
opponents
or
proponents
of
a
ballot
issue
to
be
voted
on
at
12
the
election
are
prohibited
from
being
present
at
a
hospital
,
13
assisted
living
program,
or
health
care
facility
during
the
14
time
the
special
precinct
election
officers
are
delivering
15
absentee
ballots
to
the
patients,
tenants,
or
residents
of
such
16
hospital
,
assisted
living
program,
or
health
care
facility.
17
7.
For
purposes
of
this
section
and
section
53.8,
“assisted
18
living
program”
means
a
program
certified
pursuant
to
section
19
231C.3
that
meets
the
standards
for
a
dementia-specific
20
assisted
living
program,
as
established
by
rule
by
the
21
department
of
inspections
and
appeals.
22
Sec.
14.
Section
53.37,
subsection
3,
paragraph
e,
Code
23
2017,
is
amended
to
read
as
follows:
24
e.
Citizens
of
the
United
States
who
do
not
fall
under
any
25
of
the
categories
described
in
paragraphs
“a”
through
“d”
,
26
but
who
are
entitled
to
register
and
vote
pursuant
to
section
27
48A.5,
subsection
4
or
5
.
28
Sec.
15.
NEW
SECTION
.
231C.21
Certification
list
to
county
29
commissioner
of
elections.
30
To
facilitate
the
implementation
of
section
53.8,
subsection
31
3
,
and
section
53.22
,
the
director
shall
provide
to
each
county
32
commissioner
of
elections
at
least
annually
a
list
of
each
33
certified
dementia-specific
assisted
living
program
in
that
34
county.
The
list
shall
include
the
street
address
or
location,
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and
the
mailing
address
if
it
is
other
than
the
street
address
1
or
location,
of
each
program.
2
DIVISION
V
3
SCHOOL
ELECTIONS
4
Sec.
16.
Section
260C.11,
subsection
1,
Code
2017,
is
5
amended
to
read
as
follows:
6
1.
The
governing
board
of
a
merged
area
is
a
board
of
7
directors
composed
of
one
member
elected
from
each
director
8
district
in
the
area
by
the
electors
of
the
respective
9
district.
Members
of
the
board
shall
be
residents
of
the
10
district
from
which
elected.
Successors
shall
be
chosen
at
11
the
regular
school
elections
for
members
whose
terms
expire.
12
The
term
of
a
member
of
the
board
of
directors
is
four
years
13
and
commences
at
the
organizational
meeting.
Vacancies
on
14
the
board
shall
be
filled
at
the
next
regular
meeting
of
the
15
board
by
appointment
by
the
remaining
members
of
the
board.
A
16
member
so
chosen
shall
be
a
resident
of
the
district
in
which
17
the
vacancy
occurred
and
shall
serve
until
a
member
is
elected
18
pursuant
to
at
the
next
school
election
or
intervening
special
19
election
held
for
the
merged
area,
in
accordance
with
section
20
69.12
to
fill
the
vacancy
for
the
balance
of
the
unexpired
21
term
.
A
vacancy
is
defined
in
section
277.29
.
A
member
shall
22
not
serve
on
the
board
of
directors
who
is
a
member
of
a
board
23
of
directors
of
a
local
school
district
or
a
member
of
an
area
24
education
agency
board.
25
Sec.
17.
Section
279.6,
subsection
1,
paragraph
b,
26
subparagraphs
(1)
and
(2),
Code
2017,
are
amended
to
read
as
27
follows:
28
(1)
If
within
fourteen
days
after
publication
of
a
notice
29
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
occurs
30
more
than
one
hundred
eighty
days
before
the
next
regular
31
school
election
,
or
after
the
filing
period
closes
pursuant
32
to
section
277.4,
subsection
1,
for
the
next
regular
school
33
election,
there
is
filed
with
the
secretary
of
the
school
board
34
a
petition
requesting
a
special
election
to
fill
the
vacancy,
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an
appointment
to
fill
the
vacancy
is
temporary
until
a
1
successor
is
elected
and
qualified,
and
the
board
shall
call
a
2
special
election
pursuant
to
section
279.7
,
to
fill
the
vacancy
3
for
the
remaining
balance
of
the
unexpired
term.
4
(2)
If
within
fourteen
days
after
publication
of
a
notice
5
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
occurs
one
6
hundred
eighty
days
or
less
but
more
than
forty
days
before
the
7
next
regular
school
election
there
is
filed
with
the
secretary
8
of
the
school
board
a
petition
requesting
to
fill
the
vacancy
9
by
election,
an
appointment
to
fill
the
vacancy
is
temporary
10
until
a
successor
is
elected
and
qualified,
and
the
school
11
board
shall
require
that
the
remaining
balance
of
the
unexpired
12
term
be
filled
at
the
next
regular
school
election.
13
Sec.
18.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
14
division
of
this
Act
amending
section
260C.11,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
Sec.
19.
RETROACTIVE
APPLICABILITY.
The
section
of
17
this
division
of
this
Act
amending
section
260C.11
applies
18
retroactively
to
July
1,
2016.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
conduct
of
elections,
including
23
general
election
ballot
vacancies,
voter
registration,
24
elections
administration,
absentee
voting,
and
vacancies
on
25
school
boards
and
merged
area
governing
boards.
26
Division
I
of
the
bill
specifies
that
a
candidate
nominated
27
by
a
political
party
to
fill
a
vacancy
on
the
general
election
28
ballot
may
withdraw
the
candidate’s
name
from
nomination
by
29
written
request
filed
with
the
state
commissioner
of
elections
30
(secretary
of
state)
or
proper
county
commissioner
of
elections
31
(county
auditor),
with
deadlines
for
withdrawal
as
specified
32
in
the
bill.
33
Division
II
of
the
bill
relates
to
voter
registration.
Under
34
the
division,
certain
law
enforcement
officers
and
employees
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of
homeless
service
organizations
are
allowed
to
attest,
by
1
notarized
written
affidavit,
to
the
identity
and
residency
of
2
eligible
voters
for
election
day
and
in-person
absentee
voter
3
registration
purposes.
4
Division
II
of
the
bill
requires
volunteer
organizations
5
that
accept
voter
registration
forms
from
applicants
to
submit
6
the
forms
received
to
the
appropriate
county
commissioner
7
of
elections
within
specified
periods
of
time
following
8
their
receipt.
Under
the
bill,
a
person
who
violates
these
9
provisions
commits
election
misconduct.
A
first
violation
10
of
these
provisions
constitutes
a
technical
infraction,
a
11
second
violation
constitutes
election
misconduct
in
the
third
12
degree
(a
serious
misdemeanor),
and
any
subsequent
violations
13
constitute
election
misconduct
in
the
first
degree
(a
class
“D”
14
felony).
A
serious
misdemeanor
is
punishable
by
confinement
15
for
no
more
than
one
year
and
a
fine
of
at
least
$315
but
16
not
more
than
$1,875.
A
class
“D”
felony
is
punishable
by
17
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
18
$750
but
not
more
than
$7,500.
Under
the
bill,
the
state
voter
19
registration
commission
is
required
to
adopt
rules
establishing
20
procedures
and
requirements
for
the
collection
and
submission
21
of
voter
registration
forms
by
volunteer
organizations.
22
Division
II
of
the
bill
also
provides
that
a
registered
voter
23
may
request
changes
in
the
voter’s
registration
by
signed,
24
written
notice
transmitted
by
electronic
submission,
rather
25
than
facsimile
or
electronic
mail.
26
Division
III
of
the
bill,
relating
to
the
administration
of
27
elections,
prohibits
a
representative
of
a
political
party
on
28
a
precinct
election
board
from
changing
political
parties
to
29
vote
absentee
in
the
election
for
which
they
are
serving
as
a
30
representative.
The
bill
requires
that
the
official’s
name
be
31
removed
from
the
list
of
precinct
election
board
members
for
32
that
election.
The
bill
also
lowers
the
minimum
font
size
for
33
printing
the
names
of
political
parties
or
nonparty
political
34
organizations
on
the
area
of
the
ballot
for
straight
party
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H.F.
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voting.
Additionally,
current
law
allows
county
commissioners
1
of
elections
to
permit
individuals
to
be
present
at
polling
2
places
for
the
purposes
of
any
educational
voting
program
for
3
youth.
The
bill
removes
the
requirement
that
the
program
be
4
for
youth.
5
Division
IV
of
the
bill,
relating
to
absentee
voting,
allows
6
tenants
of
dementia-specific
assisted
living
programs
to
vote
7
by
absentee
ballot
in
the
same
manner
allowed
for
patients
or
8
residents
in
hospitals
or
health
care
facilities.
Under
the
9
bill,
the
department
of
inspections
and
appeals
is
required
to
10
provide
a
list
of
dementia-specific
assisted
living
programs
11
certified
under
Code
section
231C.3,
and
as
defined
in
rule.
12
Relating
to
absent
voting
by
overseas
citizens,
the
bill
13
provides
that
a
United
States
citizen
is
eligible
to
vote
14
absentee
as
a
uniformed
or
overseas
voter
if
the
citizen
is
15
living
outside
the
United
States,
has
a
parent
who
can
vote
as
16
a
uniformed
or
overseas
voter,
and
has
never
resided
in
the
17
United
States,
but
meets
all
other
requirements
for
voting.
18
Division
V
of
the
bill
relates
to
school
elections.
The
bill
19
specifies
that
a
person
appointed
to
fill
a
vacancy
on
a
merged
20
area
governing
board
will
serve
until
a
member
is
elected
at
21
the
next
school
election
or
at
an
intervening
special
election
22
held
for
the
merged
area.
This
provision
takes
effect
upon
23
enactment
and
applies
retroactively
to
July
1,
2016.
24
Division
V
of
the
bill
also
requires
county
commissioners
25
of
elections
to
conduct
a
special
election
to
fill
a
vacancy
26
on
a
school
board
if
a
valid
petition
is
filed
and
if
the
27
vacancy
occurs
after
the
filing
period
for
the
next
regular
28
school
election
has
closed.
Under
current
law,
such
vacancies
29
are
required
to
be
filled
at
the
election
for
which
the
30
filing
period
has
closed.
Under
current
Code
section
277.4,
31
subsection
1,
nomination
petitions
are
required
to
be
filed
32
by
not
later
than
5:00
p.m.
on
the
40th
day
before
the
school
33
election.
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