Bill Text: IA SF2157 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to elections administration with respect to the address confidentiality program, satellite absentee voting, and the conduct of school district elections. (Formerly SSB 3020.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-04-14 - Withdrawn. S.J. 698. [SF2157 Detail]

Download: Iowa-2015-SF2157-Introduced.html

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Senate File 2157 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     3020)

                                      A BILL FOR

  1 An Act relating to elections administration with respect to the
  2    address confidentiality program, satellite absentee voting,
  3    and the conduct of school district elections.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 9E.6, subsection 1, Code 2016, is amended
  1  2 to read as follows:
  1  3    1.  a.  A program participant who is an eligible elector
  1  4 may register to vote with the state commissioner of elections,
  1  5 pursuant to section 48A.8, subsection 1. The name, address,
  1  6 and telephone number of a program participant shall not be
  1  7 listed in the statewide voter registration system.
  1  8    b.  A program participant's voter registration shall not be
  1  9 open to challenge under section 48A.14 based on participation
  1 10 in the program and use of a designated address.
  1 11    Sec. 2.  Section 9E.6, Code 2016, is amended by adding the
  1 12 following new subsection:
  1 13    NEW SUBSECTION.  3.  a.  An absentee ballot submitted by a
  1 14 program participant shall not be subject to a challenge under
  1 15 section 49.79 or 53.31 if the challenge is based on the voter's
  1 16 participation in the program and use of a designated address.
  1 17    b.  In an election contested pursuant to chapter 57:
  1 18    (1)  The state commissioner of elections shall, upon
  1 19 the written request of a party to the contest, certify the
  1 20 eligibility of a program participant to vote or the validity
  1 21 of a program participant's absentee ballot. A written request
  1 22 submitted under this paragraph "b" must contain the voter
  1 23 identification number affixed to the program participant's
  1 24 absentee ballot.
  1 25    (2)  A deposition shall serve as testimony for a program
  1 26 participant. A court or tribunal trying the contest shall
  1 27 coordinate with the secretary to obtain a deposition from a
  1 28 program participant.
  1 29    Sec. 3.  Section 53.10, subsection 3, Code 2016, is amended
  1 30 to read as follows:
  1 31    3.  During the hours when absentee ballots are available in
  1 32 the office of the commissioner, electioneering shall not be
  1 33 allowed within the sight or hearing of voters at the absentee
  1 34 voting site is a polling place for purposes of section 39A.4,
  1 35 subsection 1, paragraph "a".
  2  1    Sec. 4.  Section 53.11, subsection 4, Code 2016, is amended
  2  2 to read as follows:
  2  3    4.  During the hours when absentee ballots are available at a
  2  4 satellite absentee voting station, electioneering shall not be
  2  5 allowed within the sight or hearing of voters at the satellite
  2  6 absentee voting station is a polling place for purposes of
  2  7 section 39A.4, subsection 1, paragraph "a".
  2  8    Sec. 5.  Section 275.1, subsection 1, paragraphs b and f,
  2  9 Code 2016, are amended to read as follows:
  2 10    b.  "Initial board" means the board of a newly reorganized
  2 11 district that is selected pursuant to section 275.25 or 275.41
  2 12 and functions until the organizational meeting following the
  2 13 third second regular school election held after the effective
  2 14 date of the reorganization.
  2 15    f.  "Regular board" means the board of a reorganized district
  2 16 that begins to function at the organizational meeting following
  2 17 the third second regular school election held after the
  2 18 effective date of the school reorganization, and is comprised
  2 19 of members who were elected to the current terms or were
  2 20 appointed to replace members who were elected.
  2 21    Sec. 6.  Section 275.41, subsection 3, Code 2016, is amended
  2 22 to read as follows:
  2 23    3.  Prior to the effective date of the reorganization,
  2 24 the initial board shall approve a plan that commences at the
  2 25 first regular school election held after the effective date
  2 26 of the merger and is completed at the third second regular
  2 27 school election held after the effective date of the merger,
  2 28 to replace the initial board with the regular board. If the
  2 29 petition specifies a number of directors on the regular board
  2 30 to be different from the number of directors on the initial
  2 31 board, the plan shall provide that the number specified in
  2 32 the petition for the regular board is in place by the time
  2 33 the regular board is formed. The plan shall provide that as
  2 34 nearly as possible one=half of the members of the board shall
  2 35 be elected biennially, and if a special election was held to
  3  1 elect a member to create an odd number of members on the board,
  3  2 the term of that member shall end at the organizational meeting
  3  3 following the third second regular school election held after
  3  4 the effective date.
  3  5    Sec. 7.  Section 279.6, subsection 1, paragraph a, Code 2016,
  3  6 is amended to read as follows:
  3  7    a.   Except as provided in paragraph "b" and subsection
  3  8 2, vacancies occurring among the officers or members of a
  3  9 school board shall be filled by the board by appointment. A
  3 10 person so appointed to fill a vacancy in an elective office
  3 11 shall hold office until a successor is elected and qualified
  3 12 pursuant to at the next regular school election, unless there
  3 13 is an intervening special election for the school district, in
  3 14 which event a successor shall be elected at the intervening
  3 15 special election, in accordance with section 69.12. To fill
  3 16 a vacancy occurring among the members of a school board, the
  3 17 board shall publish notice in the manner prescribed by section
  3 18 279.36, stating that the board intends to fill the vacancy
  3 19 by appointment but that the electors of the school district
  3 20 have the right to file a petition requiring that the vacancy
  3 21 be filled by a special election conducted pursuant to section
  3 22 279.7. The board may publish notice in advance if a member
  3 23 of the board submits a resignation to take effect at a future
  3 24 date. The board may make an appointment to fill the vacancy
  3 25 after the notice is published or after the vacancy occurs,
  3 26 whichever is later.
  3 27    Sec. 8.  Section 279.7, subsection 1, Code 2016, is amended
  3 28 to read as follows:
  3 29    1.  If a vacancy or vacancies occur among the elective
  3 30 officers or members of a school board and the remaining members
  3 31 of the board have not filled the vacancy within thirty days
  3 32 after the vacancy becomes known by the secretary or the board
  3 33  occurs or if a valid petition is submitted to the secretary
  3 34 of the board pursuant to section 279.6, subsection 1, or
  3 35 when the board is reduced below a quorum, the secretary of
  4  1 the board, or if there is no secretary, the area education
  4  2 agency administrator, shall call a special election in the
  4  3 district, subdistrict, or subdistricts, as the case may be,
  4  4 to fill the vacancy or vacancies. The county commissioner of
  4  5 elections shall publish the notices required by law for special
  4  6 elections, and the election shall be held not sooner than
  4  7 thirty days nor later than forty days after the thirtieth day
  4  8 following the day the vacancy becomes known by the secretary or
  4  9 the board occurs. If the secretary fails for more than three
  4 10 days to call an election, the administrator shall call it.
  4 11                           EXPLANATION
  4 12 The inclusion of this explanation does not constitute agreement with
  4 13 the explanation's substance by the members of the general assembly.
  4 14    This bill relates to elections administration with respect
  4 15 to the address confidentiality program administered by the
  4 16 secretary of state, to satellite absentee voting, and to the
  4 17 conduct of school district elections.
  4 18    Relating to the state's address confidentiality program, the
  4 19 bill provides that a program participant's voter registration
  4 20 is not subject to challenge based on participation in the
  4 21 program and the use of a designated address nor is it allowed
  4 22 to be the basis for challenges under Code sections 49.79
  4 23 (election day voting) or 53.31 (absentee voting). In the case
  4 24 of an election contest, the bill provides for the certification
  4 25 of a program participant's eligibility to vote and the validity
  4 26 of a program participant's absentee ballot. The bill also
  4 27 provides that the deposition of a program participant shall
  4 28 serve as testimony in a contested election.
  4 29    Relating to satellite absentee voting, current law prohibits
  4 30 electioneering within the sight or hearing of voters at the
  4 31 satellite absentee voting station. Under current Code section
  4 32 39A.4, subsection 1, electioneering and other specified
  4 33 activity is prohibited on the premises of a polling place or
  4 34 within 300 feet of an outside door of a building affording
  4 35 access to a room where the polls are held, or of an outside
  5  1 door of a building affording access to a hallway, corridor,
  5  2 stairway, or other means of reaching the room where the polls
  5  3 are held. The bill provides that a satellite absentee voting
  5  4 station and an absentee voting site at a county commissioner of
  5  5 elections office are also polling places for purposes of Code
  5  6 section 39A.4, subsection 1.
  5  7    Relating to school district elections, the bill requires
  5  8 that a plan for school district reorganization be completed
  5  9 at the second regular school election following the effective
  5 10 date of the reorganization. Current law provides that
  5 11 reorganization plans be commenced at the first regular school
  5 12 election and be completed at the third regular school election.
  5 13    Also relating to school elections, the bill provides that
  5 14 when a school board vacancy occurs, that a person appointed to
  5 15 fill the vacancy shall hold office until a successor is elected
  5 16 and qualified at the next regular school election unless there
  5 17 is an intervening special election. The bill also makes
  5 18 terminology changes related to the timing required for calling
  5 19 and holding a special election when a school board vacancy
  5 20 occurs and a replacement has not been appointed.
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