Bill Text: IA SF112 | 2017-2018 | 87th General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-24 - Subcommittee: Chapman, Feenstra, and Petersen. S.J. 124. [SF112 Detail]

Download: Iowa-2017-SF112-Introduced.html

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Senate File 112 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act relating to political subdivision elections by changing
  2    the date of the election of directors of local school
  3    districts, merged areas, and area education agency boards,
  4    by providing for the combined administration of regular
  5    and special school and city elections, making changes to
  6    the administration of elections for political subdivisions
  7    located in more than one county, establishing requirements
  8    for ballot arrangement and placement for political
  9    subdivision offices, and including effective date and
 10    applicability and transition provisions.
 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1863XS (2) 87
    aw/sc

PAG LIN



  1  1                           DIVISION I
  1  2            ELECTION DAY FOR REGULAR SCHOOL ELECTIONS
  1  3    Section 1.  Section 39.2, subsection 4, paragraph c, Code
  1  4 2017, is amended to read as follows:
  1  5    c.  For a school district or merged area, in the odd=numbered
  1  6 year, the first Tuesday in February March, the first Tuesday in
  1  7 April May, the last first Tuesday in June August, or the second
  1  8  first Tuesday after the first Monday in September November.
  1  9 For a school district or merged area, in the even=numbered
  1 10 year, the first Tuesday in February March, the first Tuesday
  1 11 in April May, the second first Tuesday in September August, or
  1 12 the first Tuesday in December.
  1 13    Sec. 2.  Section 260C.12, subsection 1, Code 2017, is amended
  1 14 to read as follows:
  1 15    1.  The board of directors of the merged area shall organize
  1 16 at the first regular meeting in October December following the
  1 17 regular school election. Organization of the board shall be
  1 18 effected by the election of a president and other officers from
  1 19 the board membership as board members determine. The board
  1 20 of directors shall appoint a secretary and a treasurer who
  1 21 shall each give bond as prescribed in section 291.2 and who
  1 22 shall each receive the salary determined by the board. The
  1 23 secretary and treasurer shall perform duties under chapter 291
  1 24 and additional duties the board of directors deems necessary.
  1 25 However, the board may appoint one person to serve as the
  1 26 secretary and treasurer. If one person serves as the secretary
  1 27 and treasurer, only one bond is necessary for that person. The
  1 28 frequency of meetings other than organizational meetings shall
  1 29 be as determined by the board of directors but the president
  1 30 or a majority of the members may call a special meeting at any
  1 31 time.
  1 32    Sec. 3.  Section 260C.13, subsection 1, Code 2017, is amended
  1 33 to read as follows:
  1 34    1.  The board of a merged area may change the number of
  1 35 directors on the board and shall make corresponding changes
  2  1 in the boundaries of director districts. Changes shall be
  2  2 completed not later than June August 1 of the year of the
  2  3 regular school election. As soon as possible after adoption
  2  4 of the boundary changes, notice of changes in the director
  2  5 district boundaries shall be submitted by the merged area to
  2  6 the county commissioner of elections in all counties included
  2  7 in whole or in part in the merged area.
  2  8    Sec. 4.  Section 260C.15, subsection 5, Code 2017, is amended
  2  9 to read as follows:
  2 10    5.  The votes cast in the election shall be canvassed and
  2 11 abstracts of the votes cast shall be certified as required by
  2 12 section 277.20. In each county whose commissioner of elections
  2 13 is responsible under section 47.2 for conducting elections
  2 14 held for a merged area, the county board of supervisors shall
  2 15 convene on the last Monday in September November or at the
  2 16 last regular board meeting in September November, canvass the
  2 17 abstracts of votes cast and declare the results of the voting.
  2 18 The commissioner shall at once issue certificates of election
  2 19 to each person declared elected, and shall certify to the
  2 20 merged area board in substantially the manner prescribed by
  2 21 section 50.27 the result of the voting on any public question
  2 22 submitted to the voters of the merged area. Members elected to
  2 23 the board of directors of a merged area shall qualify by taking
  2 24 the oath of office prescribed in section 277.28.
  2 25    Sec. 5.  Section 273.8, subsection 2, paragraphs a and b,
  2 26 Code 2017, are amended to read as follows:
  2 27    a.  Notice of the election shall be published by the area
  2 28 education agency administrator not later than July September 15
  2 29 of the odd=numbered year in at least one newspaper of general
  2 30 circulation in the director district. The cost of publication
  2 31 shall be paid by the area education agency.
  2 32    b.  A candidate for election to the area education agency
  2 33 board shall file a statement of candidacy with the area
  2 34 education agency secretary not later than August October 15 of
  2 35 the odd=numbered year, on forms prescribed by the department
  3  1 of education. The statement of candidacy shall include the
  3  2 candidate's name, address, and school district. The list of
  3  3 candidates shall be sent by the secretary of the area education
  3  4 agency in ballot form by certified mail to the presidents of
  3  5 the boards of directors of all school districts within the
  3  6 director district not later than September November 1. In
  3  7 order for the ballot to be counted, the ballot must be received
  3  8 in the secretary's office by the end of the normal business
  3  9 day on September November 30 or be clearly postmarked by an
  3 10 officially authorized postal service not later than September
  3 11  November 29 and received by the secretary not later than noon
  3 12 on the first Monday following September November 30.
  3 13    Sec. 6.  Section 273.8, subsection 4, paragraph a, Code 2017,
  3 14 is amended to read as follows:
  3 15    a.  The board of directors of each area education agency
  3 16 shall meet and organize at the first regular meeting in October
  3 17  December following the regular school election at a suitable
  3 18 place designated by the president. Directors whose terms
  3 19 commence at the organizational meeting shall qualify by taking
  3 20 the oath of office required by section 277.28 at or before the
  3 21 organizational meeting.
  3 22    Sec. 7.  Section 273.8, subsection 6, Code 2017, is amended
  3 23 to read as follows:
  3 24    6.  Change in directors.  The board of an area education
  3 25 agency may change the number of directors on the board and
  3 26 shall make corresponding changes in the boundaries of director
  3 27 districts. Changes shall be completed not later than July
  3 28  September 1 of a fiscal the odd=numbered year for the director
  3 29 district conventions to be held the following September
  3 30  November.
  3 31    Sec. 8.  Section 277.1, Code 2017, is amended to read as
  3 32 follows:
  3 33    277.1  Regular election.
  3 34    The regular election shall be held biennially on the second
  3 35  first Tuesday after the first Monday in September November of
  4  1 each odd=numbered year in each school district for the election
  4  2 of officers of the district and merged area and for the purpose
  4  3 of submitting to the voters any matter authorized by law.
  4  4    Sec. 9.  EFFECTIVE DATE.  This division of this Act takes
  4  5 effect July 1, 2019.
  4  6    Sec. 10.  APPLICABILITY.
  4  7    1.  This division of this Act applies to regular school
  4  8 elections held on or after November 5, 2019, and to the terms
  4  9 of office of directors of local school districts, merged areas,
  4 10 and area education agencies commencing on or after that date.
  4 11    2.  Under this division of this Act, the regular school
  4 12 elections previously scheduled to be held in September 2019
  4 13 shall be held in November 2019.
  4 14                           DIVISION II
  4 15      COMBINED ADMINISTRATION OF CITY AND SCHOOL ELECTIONS
  4 16    Sec. 11.  Section 39.2, subsection 1, paragraph b, Code 2017,
  4 17 is amended to read as follows:
  4 18    b.  A special election shall not be held in conjunction with
  4 19 the primary election. A special election shall not be held in
  4 20 conjunction with a school election unless the special election
  4 21 is for a school district or community college. A special
  4 22 election shall not be held in conjunction with a regularly
  4 23 scheduled or special city primary or city runoff election.
  4 24    Sec. 12.  Section 39.2, subsection 2, Code 2017, is amended
  4 25 to read as follows:
  4 26    2.  Except as otherwise provided in subsection 1, a special
  4 27 election may be held on the same day as a regularly scheduled
  4 28 election if the two elections are not in conflict within the
  4 29 meaning of section 47.6, subsection 2. A special election
  4 30 may be held on the same day as a regularly scheduled election
  4 31 with which it does so conflict if the commissioner who is
  4 32 responsible for conducting the elections concludes that to do
  4 33 so will cause no undue difficulties, except that a special
  4 34 election for a city, school district, or merged area shall not
  4 35 be scheduled to coincide with the general election.
  5  1    Sec. 13.  Section 39.2, subsection 4, paragraph b, Code 2017,
  5  2 is amended to read as follows:
  5  3    b.  For a city, on the day of the general election, on the
  5  4 day of the regular city election, on the date of a special
  5  5 election held to fill a vacancy in the same city, or on in
  5  6 the odd=numbered year, the first Tuesday in March, the first
  5  7 Tuesday in May, or the first Tuesday in August of each year, or
  5  8 the first Tuesday after the first Monday in November.  For a
  5  9 city, in the even=numbered year, the first Tuesday in March,
  5 10 the first Tuesday in May, the first Tuesday in August, or the
  5 11 first Tuesday in December.
  5 12    Sec. 14.  Section 44.11, Code 2017, is amended to read as
  5 13 follows:
  5 14    44.11  Vacancies filled.
  5 15    If a candidate named under this chapter withdraws before the
  5 16 deadline established in section 44.9, declines a nomination,
  5 17 or dies before election day, or if a certificate of nomination
  5 18 is held insufficient or inoperative by the officer with whom
  5 19 it is required to be filed, or in case any objection made
  5 20 to a certificate of nomination, or to the eligibility of any
  5 21 candidate named in the certificate, is sustained by the board
  5 22 appointed to determine such questions, the vacancy or vacancies
  5 23 may be filled by the convention, or caucus, or in such manner
  5 24 as such convention or caucus has previously provided. The
  5 25 vacancy or vacancies shall be filled not less than seventy=four
  5 26 days before the election in the case of nominations required
  5 27 to be filed with the state commissioner, not less than
  5 28 sixty=four days before the election in the case of nominations
  5 29 required to be filed with the commissioner, not less than
  5 30 thirty=five forty=two days before the election in the case of
  5 31 nominations required to be filed in the office of the school
  5 32 board secretary, and not less than forty=two days before the
  5 33 election in the case of nominations required to be filed with
  5 34 the commissioner for city elections.
  5 35    Sec. 15.  Section 47.2, subsection 2, Code 2017, is amended
  6  1 to read as follows:
  6  2    2.  When an election is to be held as required by law or
  6  3 is called by a political subdivision of the state and the
  6  4 political subdivision is located in more than one county, the
  6  5 county commissioner of elections of each of those counties
  6  6 shall conduct that election within the commissioner's county.
  6  7 However, the commissioner for the county having the greatest
  6  8 taxable base within the political subdivision shall conduct
  6  9 that election serve as the controlling commissioner for
  6 10 the election.  The controlling commissioner shall receive
  6 11 all nomination papers and public measures for the political
  6 12 subdivision. By the forty=first day prior to the election, the
  6 13 controlling commissioner shall certify the names of candidates
  6 14 and the text and summary of any public measure being submitted
  6 15 to the electorate to all county commissioners of elections
  6 16 required to conduct elections for the political subdivision.
  6 17  The county commissioners of elections of the other counties
  6 18 in which the political subdivision is located shall cooperate
  6 19 with the county controlling commissioner of elections who is
  6 20 conducting the election.
  6 21    Sec. 16.  Section 47.6, subsection 2, Code 2017, is amended
  6 22 to read as follows:
  6 23    2.  For the purpose of this section, a conflict between
  6 24 two elections exists only when one of the elections would
  6 25 require use of precinct boundaries which differ from those
  6 26 to be used for the other election, or when some but not all
  6 27 of the registered voters of any precinct would be entitled
  6 28 to vote in one of the elections and all of the registered
  6 29 voters of the same precinct would be entitled to vote in
  6 30 the other election. Nothing in this subsection shall deny
  6 31 a commissioner discretionary authority to approve holding a
  6 32 special election on the same date as another election, even
  6 33 though the two elections may be defined as being in conflict,
  6 34 if the commissioner concludes that to do so will cause no undue
  6 35 difficulties.
  7  1    Sec. 17.  Section 49.9, Code 2017, is amended to read as
  7  2 follows:
  7  3    49.9  Proper place of voting.
  7  4    Except as provided in section 49.11, subsection 3, paragraph
  7  5 "b", and as required by the designation of a commissioner
  7  6 pursuant to section 49.21, subsection 1, a person shall not
  7  7 vote in any precinct but that of the person's residence.
  7  8    Sec. 18.  Section 49.21, subsection 1, Code 2017, is amended
  7  9 to read as follows:
  7 10    1.  a.  It is the responsibility of the commissioner to
  7 11 designate a polling place for each precinct in the county.
  7 12 Notwithstanding any provision of law to the contrary, for
  7 13 city and school elections the commissioner shall, whenever
  7 14 practicable, designate polling places so that an eligible
  7 15 elector will be assigned to vote at the same polling place
  7 16 at which the eligible elector would be assigned to vote at
  7 17 the general election. However, if a city does not have a
  7 18 polling place designated for the general election precinct, the
  7 19 commissioner may designate an additional polling place for the
  7 20 precinct in that city.
  7 21    b.  Each polling place designated shall be accessible to
  7 22 persons with disabilities. However, if the commissioner is
  7 23 unable to provide an accessible polling place for a precinct,
  7 24 the commissioner shall apply for a temporary waiver of the
  7 25 accessibility requirement. The state commissioner shall adopt
  7 26 rules in accordance with chapter 17A prescribing standards
  7 27 for determining whether a polling place is accessible and the
  7 28 process for applying for a temporary waiver of accessibility.
  7 29    Sec. 19.  Section 49.30, Code 2017, is amended to read as
  7 30 follows:
  7 31    49.30  All candidates and issues on one ballot ==== exceptions.
  7 32    1.  All constitutional amendments, all public measures, and
  7 33 the names of all candidates, other than presidential electors,
  7 34 to be voted for in each election precinct, shall be printed on
  7 35 one ballot, except that separate ballots are authorized when it
  8  1 is not possible to include all offices and public measures on a
  8  2 single ballot. In the event that it is not possible to include
  8  3 all offices and public measures on a single ballot, separate
  8  4 ballots may be provided for nonpartisan offices, judges, or
  8  5 public measures.
  8  6    2.  If printed on the same ballot, the offices of political
  8  7 subdivisions shall, if applicable, be printed in the following
  8  8 order:
  8  9    a.  Those of a county.
  8 10    b.  Those of a city.
  8 11    c.  Those of a school district.
  8 12    d.  Those of a merged area.
  8 13    e.  Those of any other political subdivision.
  8 14    3.  If printed on the same ballot, the public measures of
  8 15 political subdivisions shall be printed in the same order as
  8 16 provided for offices of the political subdivisions.
  8 17    Sec. 20.  Section 49.31, subsection 2, paragraph b, Code
  8 18 2017, is amended to read as follows:
  8 19    b.  The commissioner shall then arrange the surnames of each
  8 20 political party's candidates for each office to which two or
  8 21 more persons are to be elected at large alphabetically for
  8 22 the respective offices for the first precinct on the list;
  8 23 thereafter, for each political party and for each succeeding
  8 24 precinct, the names appearing first for the respective offices
  8 25 in the last preceding precinct shall be placed last, so that
  8 26 the names that were second before the change shall be first
  8 27 after the change. The commissioner may also rotate the names
  8 28 of candidates of a political party in the reverse order of that
  8 29 provided in this subsection or alternate the rotation so that
  8 30 the candidates of different parties shall not be paired as they
  8 31 proceed through the rotation. The procedure for arrangement
  8 32 of names on ballots provided in this section shall likewise be
  8 33 substantially followed in elections in political subdivisions
  8 34 of less than a county.
  8 35    Sec. 21.  Section 49.31, subsection 2, Code 2017, is amended
  9  1 by adding the following new paragraph:
  9  2    NEW PARAGRAPH.  d.  On the regular and special city election
  9  3 and school election ballots the names of candidates for city,
  9  4 school district, and merged area offices shall be arranged
  9  5 by drawing lots for position. The commissioner shall hold
  9  6 the drawing on the second business day following the deadline
  9  7 for filing of nomination papers or petitions under sections
  9  8 260C.15, 277.4, and 376.4. If a candidate withdraws, dies, or
  9  9 is removed from the ballot after the ballot position of names
  9 10 has been determined, such candidate's name shall be removed
  9 11 from the ballot, and the order of the remaining names shall not
  9 12 be changed.
  9 13    Sec. 22.  Section 49.31, subsection 3, Code 2017, is amended
  9 14 to read as follows:
  9 15    3.  The Except as otherwise provided in subsection 2,
  9 16 paragraph "d", the ballots for any city elections, school
  9 17 elections, special election, or any other election at which
  9 18 any office is to be filled on a nonpartisan basis and the
  9 19 statutes governing the office to be filled are silent as to
  9 20 the arrangement of names on the ballot, shall contain the
  9 21 names of all nominees or candidates arranged in alphabetical
  9 22 order by surname under the heading of the office to be filled.
  9 23 When Except as otherwise provided in subsection 2, paragraph
  9 24 "d", when a city election, school election, special election,
  9 25  or any other election at which an office is to be filled on
  9 26 a nonpartisan basis, is held in more than one precinct, the
  9 27 candidates' names shall be rotated on the ballot from precinct
  9 28 to precinct in the manner prescribed by subsection 2 unless
  9 29 there are no more candidates for an office than the number of
  9 30 persons to be elected to that office.
  9 31    Sec. 23.  Section 49.41, subsection 1, paragraph a, Code
  9 32 2017, is amended to read as follows:
  9 33    a.  A person shall not be a candidate for more than one
  9 34 office to be filled at the same election, except that a person
  9 35 may be a candidate for a city office and school board office at
 10  1 the same election. A person who has been nominated for more
 10  2 than one office and is prohibited from being a candidate for
 10  3 more than one office shall file a written notice declaring the
 10  4 office for which the person wishes to appear on the ballot.
 10  5    Sec. 24.  Section 49.51, Code 2017, is amended to read as
 10  6 follows:
 10  7    49.51  Commissioner to control printing.
 10  8    The commissioner shall have charge of the printing of the
 10  9 ballots to be used for any election held in the county, unless
 10 10 the commissioner delegates that authority as permitted by this
 10 11 section. The commissioner may delegate this authority only
 10 12 to another commissioner who is responsible under section 47.2
 10 13  for conducting the elections held for a political subdivision
 10 14 which lies in more than one county, and only with respect to
 10 15 printing of ballots containing only public questions or the
 10 16 names of candidates to be voted upon by the registered voters
 10 17 of that political subdivision. Only one facsimile signature,
 10 18 that of the commissioner under whose direction the ballot is
 10 19 printed, shall appear on the ballot. It is the duty of the
 10 20 commissioner to insure that the arrangement of any ballots
 10 21 printed under the commissioner's direction conforms to all
 10 22 applicable requirements of this chapter.
 10 23    Sec. 25.  Section 49.73, subsection 1, paragraphs a and b,
 10 24 Code 2017, are amended by striking the paragraphs.
 10 25    Sec. 26.  Section 49.73, subsection 2, Code 2017, is amended
 10 26 to read as follows:
 10 27    2.  The commissioner shall not shorten voting hours for any
 10 28 election if there is filed in the commissioner's office, at
 10 29 least twenty=five days before the election, a petition signed
 10 30 by at least fifty eligible electors of the school district
 10 31 or city, as the case may be, requesting that the polls be
 10 32 opened not later than 7:00 a.m. All polling places where the
 10 33 candidates of or any public question submitted by any one
 10 34 political subdivision are being voted upon shall be opened at
 10 35 the same hour, except that this requirement shall not apply
 11  1 to merged areas established under chapter 260C.  The hours
 11  2 at which the respective precinct polling places are to open
 11  3 shall not be changed after publication of the notice required
 11  4 by section 49.53. The polling places shall be closed at 9:00
 11  5 p.m. for state primary and general elections and other partisan
 11  6 elections, and for any other election held concurrently
 11  7 therewith, and at 8:00 p.m. for all other elections.
 11  8    Sec. 27.  Section 50.11, Code 2017, is amended to read as
 11  9 follows:
 11 10    50.11  Proclamation of result.
 11 11    1.  When the canvass is completed one of the precinct
 11 12 election officials shall publicly announce the total number of
 11 13 votes received by each of the persons voted for, the office for
 11 14 which the person is designated, as announced by the designated
 11 15 tally keepers, and the number of votes for, and the number of
 11 16 votes against, any proposition which shall have been submitted
 11 17 to a vote of the people. A precinct election official shall
 11 18 communicate the election results by telephone or in person to
 11 19 the commissioner who is conducting the election immediately
 11 20 upon completion of the canvass.
 11 21    2.  Election results may be transmitted electronically from
 11 22 voting equipment to the commissioner's office only after the
 11 23 precinct election officials have produced a written report of
 11 24 the election results. The devices used for the electronic
 11 25 transmission of election results shall be approved for use
 11 26 by the board of examiners pursuant to section 52.41. The
 11 27 state commissioner of elections shall adopt rules establishing
 11 28 procedures for the electronic transmission of election results.
 11 29    3.  The commissioner shall remain on duty until such
 11 30 information is communicated to the commissioner from each
 11 31 polling place in the commissioner's county.  For an election
 11 32 for a political subdivision that is located in more than one
 11 33 county, the commissioner shall, if applicable, communicate
 11 34 that county's election results for the political subdivision
 11 35 to the controlling commissioner for that political subdivision
 12  1 under section 47.2, and the controlling commissioner shall
 12  2 remain on duty until such information is communicated to
 12  3 the controlling commissioner from each commissioner for the
 12  4 political subdivision.
 12  5    Sec. 28.  Section 50.24, Code 2017, is amended by adding the
 12  6 following new subsections:
 12  7    NEW SUBSECTION.  3A.  For a regular or special city election
 12  8 or a city runoff election, if the city is located in more than
 12  9 one county, the controlling commissioner for that city under
 12 10 section 47.2 shall conduct a second canvass on the second
 12 11 Monday or Tuesday after the day of the election. However, if a
 12 12 recount is requested pursuant to section 50.48, the controlling
 12 13 commissioner shall conduct the second canvass within two
 12 14 business days after the conclusion of the recount proceedings.
 12 15 Each commissioner conducting a canvass for the city pursuant
 12 16 to subsection 1 shall transmit abstracts for the offices and
 12 17 public measures of that city to the controlling commissioner
 12 18 for that city, along with individual tallies for each write=in
 12 19 candidate. At the second canvass, the county board of
 12 20 supervisors of the county of the controlling commissioner shall
 12 21 canvass the abstracts received pursuant to this subsection and
 12 22 shall prepare a combined city abstract stating the number of
 12 23 votes cast in the city for each office and on each question on
 12 24 the ballot for the city election. The combined city abstract
 12 25 shall further indicate the name of each person who received
 12 26 votes for each office on the ballot, the number of votes each
 12 27 person named received for that office, and the number of votes
 12 28 for and against each question submitted to the voters at the
 12 29 election. The votes of all write=in candidates who each
 12 30 received less than five percent of the total votes cast in the
 12 31 city for an office shall be reported collectively under the
 12 32 heading "scattering".
 12 33    NEW SUBSECTION.  3B.  a.  For a regular or special school
 12 34 election, if the school district is located in more than one
 12 35 county, the controlling commissioner for that school district
 13  1 under section 47.2 shall conduct a second canvass on the second
 13  2 Monday or Tuesday after the day of election. However, if a
 13  3 recount is requested pursuant to section 50.48, the controlling
 13  4 commissioner shall conduct the second canvass within two
 13  5 business days after the conclusion of the recount proceedings.
 13  6 Each commissioner conducting a canvass for the school district
 13  7 pursuant to subsection 1 shall transmit abstracts for the
 13  8 offices and public measures of that school district to the
 13  9 controlling commissioner for that school district, along with
 13 10 individual tallies for each write=in candidate. At the second
 13 11 canvass the county board of supervisors of the controlling
 13 12 county shall canvass the abstracts received pursuant to
 13 13 this subsection and shall prepare a combined school district
 13 14 abstract stating the number of votes cast in the school
 13 15 district for each office and on each question on the ballot for
 13 16 the school election. The combined school district abstract
 13 17 shall further indicate the name of each person who received
 13 18 votes for each office on the ballot, the number of votes each
 13 19 person named received for that office, and the number of votes
 13 20 for and against each question submitted to the voters at the
 13 21 election. The votes of all write=in candidates who each
 13 22 received less than five percent of the total votes cast in the
 13 23 school district for an office shall be reported collectively
 13 24 under the heading "scattering".
 13 25    b.  The second canvass of votes for a merged area shall be
 13 26 conducted pursuant to section 260C.15, subsection 5, and each
 13 27 commissioner conducting a canvass for the merged area pursuant
 13 28 to subsection 1 shall transmit abstracts for the offices and
 13 29 public measures of that school district to the controlling
 13 30 commissioner for that merged area, along with individual
 13 31 tallies for each write=in candidate.
 13 32    Sec. 29.  Section 50.48, subsection 1, paragraph a,
 13 33 unnumbered paragraph 1, Code 2017, is amended to read as
 13 34 follows:
 13 35    The county board of canvassers shall order a recount of the
 14  1 votes cast for a particular office or nomination in one or
 14  2 more specified election precincts in that county if a written
 14  3 request therefor for a recount is made not later than 5:00 p.m.
 14  4 on the third day following the county board's canvass of the
 14  5 election in question.  For a city runoff election held pursuant
 14  6 to section 376.9, the written request must be made not later
 14  7 than 5:00 p.m. on the day following the county board's canvass
 14  8 of the city runoff election. The request shall be filed with
 14  9 the commissioner of that county, or with the commissioner
 14 10 responsible for conducting the election if section 47.2,
 14 11 subsection 2, is applicable, and shall be signed by either of
 14 12 the following:
 14 13    Sec. 30.  Section 52.25, subsection 2, paragraph b, Code
 14 14 2017, is amended to read as follows:
 14 15    b.  In the case of a public question to be voted on in
 14 16 a political subdivision lying in more than one county, the
 14 17 summary shall be worded by the controlling commissioner
 14 18 responsible under section 47.2 for conducting that election.
 14 19    Sec. 31.  Section 53.40, subsection 1, paragraph a, Code
 14 20 2017, is amended to read as follows:
 14 21    a.  A request in writing for a ballot may be made by any
 14 22 member of the armed forces of the United States who is or
 14 23 will be a qualified voter on the day of the election at which
 14 24 the ballot is to be cast, at any time before the election.
 14 25 Any member of the armed forces of the United States may
 14 26 request ballots for all elections to be held during a calendar
 14 27 year. The request may be made by using the federal postcard
 14 28 application form and indicating that the applicant wishes to
 14 29 receive ballots for all elections as permitted by state law.
 14 30 If the applicant does not specify which elections the request
 14 31 is for, the county commissioner shall send the applicant a
 14 32 ballot for each federal election held after the application
 14 33 is received until the end of the calendar year in which the
 14 34 request is received. If the applicant requests ballots for all
 14 35 elections to be held in a calendar year, the commissioner, if
 15  1 necessary, shall forward a copy of the absentee ballot request
 15  2 to other commissioners who are responsible under section 47.2,
 15  3 subsection 2, for conducting elections in which the applicant
 15  4 is eligible to vote.
 15  5    Sec. 32.  Section 260C.15, subsection 3, Code 2017, is
 15  6 amended to read as follows:
 15  7    3.  Nomination papers on behalf of candidates for member of
 15  8 the board of directors of a merged area shall be filed with the
 15  9 secretary of the board not earlier than sixty=four seventy=one
 15 10  days nor later than 5:00 p.m. on the fortieth forty=seventh day
 15 11 prior to the election at which members of the board are to be
 15 12 elected. On the day following the last day on which nomination
 15 13 petitions can be filed, and no later than 5:00 p.m. on that
 15 14 day, the secretary shall deliver all nomination petitions so
 15 15 filed, together with the text of any public measure being
 15 16 submitted by the board of directors to the electorate, to the
 15 17 merged area's controlling county commissioner of elections who
 15 18 is responsible under section 47.2 for conducting elections
 15 19 held for the merged area. That controlling commissioner shall
 15 20 certify the names of candidates, and the text and summary of
 15 21 any public measure being submitted to the electorate, to all
 15 22 county commissioners of elections in the merged area by the
 15 23 thirty=fifth forty=second day prior to the election.
 15 24    Sec. 33.  Section 260C.15, subsection 4, paragraph b, Code
 15 25 2017, is amended to read as follows:
 15 26    b.  The objection must be filed with the secretary of the
 15 27 board at least thirty=five forty=two days before the day of
 15 28 the election at which members of the board are elected. When
 15 29 objections are filed, notice shall immediately be given to
 15 30 the candidate affected, addressed to the candidate's place
 15 31 of residence as given on the candidate's affidavit, stating
 15 32 that objections have been made to the legal sufficiency of
 15 33 the petition or to the eligibility of the candidate, and also
 15 34 stating the time and place the objections will be considered.
 15 35 The board secretary shall also attempt to notify the candidate
 16  1 by telephone if the candidate provided a telephone number on
 16  2 the candidate's affidavit.
 16  3    Sec. 34.  Section 260C.15, subsection 5, Code 2017, is
 16  4 amended to read as follows:
 16  5    5.  The votes cast in the election shall be canvassed and
 16  6 abstracts of the votes cast shall be certified as required by
 16  7 section 277.20. In each county whose commissioner of elections
 16  8 is responsible the controlling commissioner for a merged area
 16  9  under section 47.2 for conducting elections held for a merged
 16 10 area, the county board of supervisors shall convene on the last
 16 11 Monday in September or at the last regular board meeting in
 16 12 September, canvass the abstracts of votes cast from each county
 16 13 in the merged area, and declare the results of the voting. The
 16 14 commissioner shall at once issue certificates of election to
 16 15 each person declared elected, and shall certify to the merged
 16 16 area board in substantially the manner prescribed by section
 16 17 50.27 the result of the voting on any public question submitted
 16 18 to the voters of the merged area. Members elected to the board
 16 19 of directors of a merged area shall qualify by taking the oath
 16 20 of office prescribed in section 277.28.
 16 21    Sec. 35.  Section 260C.22, subsection 3, Code 2017, is
 16 22 amended to read as follows:
 16 23    3.  A voted tax imposed under this section may be
 16 24 discontinued, or its maximum rate increased, by petition and
 16 25 election. Upon receipt of a petition containing the required
 16 26 number of signatures, the board of directors of a merged
 16 27 area shall direct the each county commissioner of elections
 16 28 responsible under section 47.2 for conducting elections in the
 16 29 merged area to submit to the voters of the merged area the
 16 30 question of whether to discontinue the authority of the board
 16 31 of directors to impose the voted tax under this section or
 16 32 to increase the maximum rate of the voted tax, whichever is
 16 33 applicable. The petition must be signed by eligible electors
 16 34 equal in number to not less than twenty=five percent of the
 16 35 votes cast at the last preceding election in the merged area
 17  1 where the question of the imposition of the tax appeared on the
 17  2 ballot and received by the board of directors by June 1 of the
 17  3 year in which the election is to be held. The question shall
 17  4 be submitted at an election held on a date authorized for an
 17  5 election under subsection 1, paragraph "a". If a majority of
 17  6 those voting on the question of discontinuance of the board of
 17  7 directors' authority to impose the tax favors discontinuance,
 17  8 the board shall not impose the tax for any fiscal year
 17  9 beginning after expiration of the period of time for imposing
 17 10 the tax approved at the last election under subsection 1 or the
 17 11 period of time for imposing the tax established by resolution
 17 12 of the board under subsection 2 that is in effect on the
 17 13 date the petition for the election is filed with the board,
 17 14 whichever is applicable, unless following discontinuance the
 17 15 voted tax is again authorized at election under subsection 1.
 17 16 If the question of whether to discontinue the authority of the
 17 17 board of directors to impose the tax fails to gain approval at
 17 18 election, the question shall not be submitted to the voters of
 17 19 the merged area for a period of ten years following the date of
 17 20 the election. If a majority of those voting on the question to
 17 21 increase the maximum rate of the voted tax favors the proposed
 17 22 increase, the new maximum rate shall apply to fiscal years
 17 23 beginning after the date of the election.
 17 24    Sec. 36.  Section 260C.28, subsection 3, paragraph c, Code
 17 25 2017, is amended to read as follows:
 17 26    c.  The additional tax authorized under subsection 2 may
 17 27 be discontinued by petition and election. Upon receipt of a
 17 28 petition containing the required number of signatures, the
 17 29 board of directors of a merged area shall direct the each
 17 30  county commissioner of elections responsible under section
 17 31 47.2 for conducting elections in the merged area to submit
 17 32 to the voters of the merged area the question of whether
 17 33 to discontinue the authority of the board of directors to
 17 34 impose the additional tax under subsection 2. The petition
 17 35 must be signed by eligible electors equal in number to not
 18  1 less than twenty=five percent of the votes cast at the last
 18  2 preceding election in the merged area where the question of
 18  3 the imposition of the additional tax appeared on the ballot.
 18  4 The question shall be submitted at an election held on a date
 18  5 specified in section 39.2, subsection 4, paragraph "c". If
 18  6 a majority of those voting on the question of discontinuance
 18  7 of the board of directors' authority to impose the additional
 18  8 tax favors discontinuance, the board shall not impose the
 18  9 additional tax for any fiscal year beginning after the
 18 10 expiration of the period of time for imposing the tax approved
 18 11 at the last election under paragraph "a" or the period of time
 18 12 for imposing the additional tax established by resolution of
 18 13 the board under paragraph "b" that is in effect on the date the
 18 14 petition for the election is filed with the board, whichever
 18 15 is applicable, unless following discontinuance the additional
 18 16 tax is again authorized at election under paragraph "a". If
 18 17 the question of whether to discontinue the authority of the
 18 18 board of directors to impose the additional tax fails to gain
 18 19 approval at election, the question shall not be submitted
 18 20 to the voters of the merged area for a period of ten years
 18 21 following the date of the election.
 18 22    Sec. 37.  Section 275.22, Code 2017, is amended to read as
 18 23 follows:
 18 24    275.22  Canvass and return.
 18 25    The precinct election officials shall count the ballots,
 18 26 and make return to and deposit the ballots with the county
 18 27 commissioner of elections, who shall enter the return of record
 18 28 in the commissioner's office. The election tally lists,
 18 29 including absentee ballots, shall be listed by individual
 18 30 school district.  The canvass shall be conducted pursuant
 18 31 to section 50.24. The county commissioner of elections or
 18 32 controlling commissioner shall certify the results of the
 18 33 election to the area education agency administrator. If the
 18 34 majority of the votes cast by the registered voters is in favor
 18 35 of the proposition, as provided in section 275.20, a new school
 19  1 corporation shall be organized. If the majority of votes cast
 19  2 is opposed to the proposition, a new petition describing the
 19  3 identical or similar boundaries shall not be filed for at least
 19  4 six months from the date of the election. If territory is
 19  5 excluded from the reorganized district, action pursuant to
 19  6 section 274.37 shall be taken prior to the effective date of
 19  7 reorganization. The secretary of the new school corporation
 19  8 shall file a written description of the boundaries as provided
 19  9 in section 274.4.
 19 10    Sec. 38.  Section 277.4, subsection 1, Code 2017, is amended
 19 11 to read as follows:
 19 12    1.  Nomination papers for all candidates for election
 19 13 to office in each school district shall be filed with the
 19 14 secretary of the school board not more than sixty=four
 19 15  seventy=one days, nor less than forty forty=seven days before
 19 16 the election. Nomination petitions shall be filed not later
 19 17 than 5:00 p.m. on the last day for filing. If the school
 19 18 board secretary is not readily available during normal office
 19 19 hours, the secretary may designate a full=time employee of
 19 20 the school district who is ordinarily available to accept
 19 21 nomination papers under this section. On the final date for
 19 22 filing nomination papers the office of the school secretary
 19 23 shall remain open until 5:00 p.m.
 19 24    Sec. 39.  Section 277.5, Code 2017, is amended to read as
 19 25 follows:
 19 26    277.5  Objections to nominations.
 19 27    1.  Objections to the legal sufficiency of a nomination
 19 28 petition or to the eligibility of a candidate may be filed by
 19 29 any person who would have the right to vote for a candidate for
 19 30 the office in question. The objection must be filed with the
 19 31 secretary of the school board at least thirty=five forty=two
 19 32  days before the day of the school election. When objections
 19 33 are filed notice shall forthwith be given to the candidate
 19 34 affected, addressed to the candidate's place of residence as
 19 35 given on the candidate's affidavit, stating that objections
 20  1 have been made to the legal sufficiency of the petition or to
 20  2 the eligibility of the candidate, and also stating the time and
 20  3 place the objections will be considered.
 20  4    2.  Objections shall be considered not later than two working
 20  5 days following the receipt of the objections by the president
 20  6 of the school board, the secretary of the school board, and
 20  7 one additional member of the school board chosen by ballot.
 20  8 If objections have been filed to the nominations of either of
 20  9 those school officials, that official shall not pass on the
 20 10 objection. The official's place shall be filled by a member
 20 11 of the school board against whom no objection exists. The
 20 12 replacement shall be chosen by ballot.
 20 13    Sec. 40.  Section 277.20, Code 2017, is amended to read as
 20 14 follows:
 20 15    277.20  Canvassing returns.
 20 16    1.  On the next Friday after the regular school election, the
 20 17 county board of supervisors shall The canvass the of returns
 20 18 made to the county commissioner of elections from the several
 20 19 precinct polling places and the absentee ballot counting board,
 20 20 ascertain the result of the voting with regard to every matter
 20 21 voted upon and cause a record to be made thereof as required
 20 22 by shall be conducted pursuant to section 50.24. Special
 20 23 elections held in school districts shall be canvassed at the
 20 24 time and in the manner required by that section 50.24. The
 20 25 appropriate board of supervisors shall declare the results
 20 26 of the voting for members of boards of directors of school
 20 27 corporations nominated pursuant to section 277.4, and the
 20 28 commissioner of elections or controlling commissioner for the
 20 29 district shall at once issue a certificate of election to
 20 30 each person declared elected. The appropriate board shall
 20 31 also declare the results of the voting on any public question
 20 32 submitted to the voters of a single school district, and the
 20 33 commissioner or controlling commissioner shall certify the
 20 34 result as required by section 50.27.
 20 35    2.  The abstracts of the votes cast for members of the board
 21  1 of directors of any merged area, and of the votes cast on any
 21  2 public question submitted to the voters of any merged area,
 21  3 shall be promptly certified by the county commissioner of
 21  4 elections to the merged area's controlling county commissioner
 21  5 of elections who is responsible under section 47.2 for
 21  6 conducting the elections held for that merged area.
 21  7    Sec. 41.  Section 376.6, subsection 2, Code 2017, is amended
 21  8 to read as follows:
 21  9    2.  Each city clerk shall certify to the city's controlling
 21 10  commissioner of elections responsible under section 47.2 for
 21 11 conducting elections for that city the type of nomination
 21 12 process to be used for the city no later than ninety days
 21 13 before the date of the regular city election. If the city has
 21 14 by ordinance chosen a runoff election or has chosen to have
 21 15 nominations made in the manner provided by chapter 44 or 45,
 21 16 or has repealed nomination provisions under those sections
 21 17 in preference for the primary election method, a copy of the
 21 18 city ordinance shall be attached. No changes in the method of
 21 19 nomination to be used in a city shall be made after the clerk
 21 20 has filed the certification with the commissioner, unless the
 21 21 change will not take effect until after the next regular city
 21 22 election.
 21 23    Sec. 42.  Section 376.9, subsection 2, Code 2017, is amended
 21 24 to read as follows:
 21 25    2.  a.  Runoff elections shall be held four weeks after the
 21 26 date of the regular city election and shall be conducted in the
 21 27 same manner as regular city elections.
 21 28    b.  For a city that is located in more than one county,
 21 29 the county board of supervisors conducting the canvass under
 21 30 paragraph "a" shall transmit abstracts for the offices and
 21 31 public measures of that city, along with individual tallies for
 21 32 each write=in candidate, to the city's controlling commissioner
 21 33 under section 47.2 within twenty=four hours of completing the
 21 34 canvass. The county board of supervisors of the county of the
 21 35 controlling commissioner shall canvass the abstracts received
 22  1 pursuant to this subsection on the first Monday or the first
 22  2 Tuesday after the day of the runoff election and shall proceed
 22  3 as provided in section 50.24, subsection 3A.
 22  4    Sec. 43.  REPEAL.  Section 277.6, Code 2017, is repealed.
 22  5    Sec. 44.  EFFECTIVE DATE.  This division of this Act takes
 22  6 effect July 1, 2019.
 22  7                          DIVISION III
 22  8                      TRANSITION PROVISIONS
 22  9    Sec. 45.  TERM OF OFFICE ====  TRANSITION PROVISIONS.
 22 10    1.  Notwithstanding the provisions of section 260C.11
 22 11 designating a term of four years for members of a board of
 22 12 directors of a merged area, the term of office for a seat on a
 22 13 board of directors filled at the regular school election held
 22 14 on:
 22 15    a.  September 8, 2015, shall expire November 5, 2019.
 22 16    b.  September 12, 2017, shall expire November 2, 2021.
 22 17    2.  Notwithstanding the provisions of section 273.8,
 22 18 subsection 1, designating a term of four years for members of
 22 19 a board of directors of an area education agency, the term of
 22 20 office for a seat on a board of directors filled by election
 22 21 in:
 22 22    a.  September 2015 shall expire November 30, 2019.
 22 23    b.  September 2017 shall expire November 30, 2021.
 22 24    3.  Notwithstanding the provisions of section 274.7
 22 25 designating a term of four years for members of a board of
 22 26 directors of a school district, the term of office for a seat
 22 27 on a board of directors filled at the regular school election
 22 28 held on:
 22 29    a.  September 8, 2015, shall expire November 5, 2019.
 22 30    b.  September 12, 2017, shall expire November 2, 2021.
 22 31                           EXPLANATION
 22 32 The inclusion of this explanation does not constitute agreement with
 22 33 the explanation's substance by the members of the general assembly.
 22 34    This bill changes the date of regular school elections
 22 35 for local school districts, merged areas, and area education
 23  1 agencies and provides for combined administration of city and
 23  2 school elections.
 23  3    Division I of the bill moves the date of the regular school
 23  4 election from the second Tuesday in September in odd=numbered
 23  5 years to the first Tuesday after the first Monday in November
 23  6 of odd=numbered years, which is also the date of the regular
 23  7 city election. Because area education agency boards of
 23  8 directors are elected at the director district conventions by
 23  9 members of school boards, the division also changes the date
 23 10 of their election from September to November. The division
 23 11 also makes the dates of school district and merged area special
 23 12 elections the same as the dates for special elections for
 23 13 cities in division II of the bill.
 23 14    Division I takes effect July 1, 2019, and applies to school
 23 15 elections held on or after November 5, 2019.
 23 16    Division II of the bill provides for the combined
 23 17 administration of city and school elections by changing
 23 18 certain school filing, withdrawal, and objection deadlines
 23 19 to mirror those of city elections. Under the division, a
 23 20 county commissioner of elections (county auditor) is required,
 23 21 whenever practicable, to designate polling places so that
 23 22 eligible voters will be assigned to the same polling place for
 23 23 general elections, city elections, and school elections. Under
 23 24 the division, polling hours for city and school elections will
 23 25 be from 7:00 a.m. until 8:00 p.m. Under the division, special
 23 26 elections for cities, school districts, and merged areas can
 23 27 not be scheduled to coincide with the general election.
 23 28    For the regular school election, the division changes the
 23 29 time period for filing nomination papers with the secretary
 23 30 of the school board to not more than 71 days nor less than 47
 23 31 days before the election.  Under current law, the filing time
 23 32 period is not more than 64 days nor less than 40 days before
 23 33 the election.   In addition, for school elections, the deadline
 23 34 for filing a withdrawal of candidacy is changed from 35 days
 23 35 to 42 days, and the deadline for filling a nomination vacancy
 24  1 at convention or caucus is changed from 35 to 42 days before
 24  2 the election.
 24  3    Under current law, when a political subdivision is located
 24  4 in more than one county, the county commissioner of elections
 24  5 of the county having the greatest taxable base within the
 24  6 political subdivision is required to conduct elections for
 24  7 the political subdivision. Under the division, the county
 24  8 commissioners of each of the counties where the political
 24  9 subdivision is located are required to conduct the election
 24 10 in the commissioner's county, but the division provides that
 24 11 a controlling county commissioner be responsible for certain
 24 12 election functions for those political subdivisions located
 24 13 in more than one county. The designation of a controlling
 24 14 county commissioner is based on the taxable base within the
 24 15 political subdivision. Under the division, the controlling
 24 16 commissioner is required to conduct a second canvass of city
 24 17 and school elections for political subdivisions located in more
 24 18 than one county. The division makes additional changes related
 24 19 to the administration and conduct of canvasses and recounts for
 24 20 regular and special city and school elections.
 24 21    The division also establishes an order for the appearance on
 24 22 the ballot of political subdivision offices and ballot measures
 24 23 and requires the drawing of lots for placement of names on
 24 24 ballots for city and school elections. Under current law,  the
 24 25 names of such candidates are subject to rotation on ballots by
 24 26 precinct. The division also specifies that a candidate's name
 24 27 may appear on the ballot for both school and city office in the
 24 28 same election. Division II takes effect July 1, 2019.
 24 29    Division III of the bill includes transition provisions
 24 30 related to the terms of office for seats on boards of directors
 24 31 for school districts, merged areas, and area education
 24 32 agencies.
       LSB 1863XS (2) 87
       aw/sc