Bill Text: IA SF575 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the conduct of state and local elections, providing penalties, and including effective date provisions. (Formerly SSB 1241.)

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-04-04 - Referred to State Government. S.J. 859. [SF575 Detail]

Download: Iowa-2019-SF575-Introduced.html
Senate File 575 - Introduced SENATE FILE 575 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1241) A BILL FOR An Act relating to the conduct of state and local elections, 1 providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2230SV (1) 88 ss/jh
S.F. 575 DIVISION I 1 PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION 2 Section 1. Section 49.43, subsection 2, Code 2019, is 3 amended to read as follows: 4 2. Constitutional amendments and other public measures may 5 shall be summarized by the commissioner as provided in sections 6 49.44 and 52.25 . 7 Sec. 2. Section 49.44, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. When a proposed constitutional amendment or other public 10 measure to be decided by the voters of the entire state is to 11 be voted upon, the state commissioner shall prepare a written 12 summary of the amendment or measure including the number of 13 the amendment or statewide public measure assigned by the 14 state commissioner. The summary shall be printed immediately 15 preceding the text of the proposed amendment or measure on the 16 paper ballot or optical scan ballot referred to in section 17 49.43 . If the complete text of the proposed amendment or 18 public measure will not fit on the ballot it shall be posted 19 inside the voting booth. A copy of the full text shall be 20 included with any absentee ballots. 21 Sec. 3. Section 49A.1, Code 2019, is amended to read as 22 follows: 23 49A.1 Publication of proposed amendment. 24 1. Whenever any proposition to amend the Constitution has 25 passed the general assembly and been referred to the next 26 succeeding legislature, the state commissioner of elections 27 shall endeavor to cause the same to be published, once each 28 month, in two newspapers of general circulation in each 29 congressional district in the state, for the time required by 30 the Constitution. 31 2. a. The legislative services agency shall maintain on 32 the internet site of the agency a list of all propositions 33 to amend the Constitution as they are filed for each general 34 assembly commencing on or after the effective date of this Act. 35 -1- LSB 2230SV (1) 88 ss/jh 1/ 59
S.F. 575 Such lists shall include links to the text of the proposed 1 amendments. 2 b. The legislative services agency shall maintain on the 3 internet site of the agency separate lists for propositions to 4 amend the Constitution that have been passed by one general 5 assembly and by two consecutive general assemblies. Such lists 6 shall include links to the text of the proposed amendments and 7 shall be updated no later than one week after the conclusion of 8 each session of the general assembly. A proposition to amend 9 the Constitution published consistent with this paragraph shall 10 be considered published as required by the Constitution. 11 Sec. 4. REPEAL. Sections 49A.10 and 49A.11, Code 2019, are 12 repealed. 13 DIVISION II 14 ISSUANCE OF BONDS 15 Sec. 5. Section 49.45, Code 2019, is amended to read as 16 follows: 17 49.45 General form of ballot. 18 1. Ballots referred to in section 49.43 shall be 19 substantially in the following form: 20 Shall the following amendment to the Constitution (or public 21 measure) be adopted? 22 Yes 23 No 24 (Here insert the summary, if it is for a constitutional 25 amendment or statewide public measure, and in full the proposed 26 constitutional amendment or public measure. The number 27 assigned by the state commissioner or the letter assigned 28 by the county commissioner shall be included on the ballot 29 centered above the question, “Shall the following amendment to 30 the Constitution [or public measure] be adopted?”.) 31 2. A public measure to approve the issuance of a bond 32 pursuant to chapter 75 or 296 shall include on the ballot the 33 current property tax levy, which shall immediately follow 34 the proposed levy, and the term of the bond. Such a public 35 -2- LSB 2230SV (1) 88 ss/jh 2/ 59
S.F. 575 measure shall also include on the ballot the average increase 1 or decrease in cost of an average home in each county, as well 2 as the average of such averages, according to data provided by 3 the United States census bureau. 4 DIVISION III 5 SELF-PROMOTION WITH TAXPAYER FUNDS 6 Sec. 6. Section 68A.405A, Code 2019, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 3. For the purposes of this section, 9 “direct mass mailing” means a mailing, regardless of whether 10 the mailing was sent in response to a request or due to the 11 recipient’s enrollment in a program, the purpose of which is to 12 attract public attention to a person, policy, product, service, 13 program, initiative, law, legislation, event, or activity 14 promoted by the statewide elected official that is all of the 15 following: 16 a. Printed material delivered by the United States mail or 17 other delivery service. 18 b. Sent to more than two hundred physical addresses. 19 c. Substantially similar or identical as regards each 20 mailing. 21 d. Sent at the same time or within a thirty-day period. 22 DIVISION IV 23 HOSPITAL BOARD OF TRUSTEES ELECTIONS 24 Sec. 7. Section 347.9, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. When it has been determined by the voters of a county 27 to establish a county public hospital, the board shall appoint 28 five or seven trustees chosen from among the resident citizens 29 of the county with reference to their fitness for office. 30 The appointed trustees shall hold office until the following 31 general election, at which time their successors shall be 32 elected, three for a term of four years and the remainder 33 for a term of two years, and they shall determine by lot 34 their respective terms, and thereafter their successors shall 35 -3- LSB 2230SV (1) 88 ss/jh 3/ 59
S.F. 575 be elected for regular terms of four years each , except as 1 provided in subsection 3 . 2 Sec. 8. Section 347.9, Code 2019, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 3. Trustees in a county with a population 5 of at least four hundred thousand shall serve for a term of six 6 years. A trustee elected to a term of four years in or after 7 January 2018 shall instead serve a term of six years. 8 Sec. 9. Section 347.10, Code 2019, is amended to read as 9 follows: 10 347.10 Vacancies. 11 Vacancies on the board of trustees may , until the next 12 general election, be filled by appointment by the remaining 13 members of the board of trustees or, if fewer than a 14 majority of the trustees remain on the board, by the board of 15 supervisors for the period until the vacancies are filled by 16 election. An appointment made under this section shall be for 17 the unexpired balance of the term of the preceding trustee. If 18 a board member is absent for four consecutive regular board 19 meetings, without prior excuse, or fails to comply with more 20 stringent attendance requirements for regular board meetings 21 included in the bylaws governing the board, the member’s 22 position shall be declared vacant and filled as set out in this 23 section . 24 Sec. 10. HOSPITAL BOARD OF TRUSTEES ELECTIONS. 25 Notwithstanding section 347.9, for elections held pursuant to 26 section 347.9 in 2022 in which more than seventy percent of 27 trustee positions on a board are on the ballot: 28 1. If there are seven trustees on the board: 29 a. If six trustees are to be elected, the four elected who 30 receive the highest number of votes are elected for four-year 31 terms. The remainder are elected for two-year terms. In case 32 of a tie, the county auditor shall determine by lot which of 33 the trustees with the lowest number of winning votes shall 34 serve two-year terms and thereafter their successors shall be 35 -4- LSB 2230SV (1) 88 ss/jh 4/ 59
S.F. 575 elected for regular terms as provided in section 347.9. 1 b. If five trustees are to be elected, the four elected who 2 receive the highest number of votes are elected for four-year 3 terms. The remaining trustee is elected for a two-year term. 4 In case of a tie, the county auditor shall determine by lot 5 which of the trustees with the lowest number of winning votes 6 shall serve the two-year term and thereafter their successors 7 shall be elected for regular terms as provided in section 8 347.9. 9 2. If there are five trustees on the board, if four trustees 10 are to be elected, the three elected who receive the highest 11 number of votes are elected for four-year terms. The remaining 12 trustee is elected for a two-year term. In case of a tie, the 13 county auditor shall determine by lot which of the trustees 14 with the lowest number of winning votes shall serve the 15 two-year term and thereafter their successors shall be elected 16 for regular terms as provided in section 347.9. 17 DIVISION V 18 TECHNICAL CHANGES 19 Sec. 11. Section 39A.3, subsection 1, paragraph a, Code 20 2019, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (5) Falsely or fraudulently signs 22 nomination papers on behalf of another person. 23 Sec. 12. Section 39A.3, subsection 1, Code 2019, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter 26 registration information, including resale or redistribution 27 of the voter registration list without written permission of 28 the state registrar, for purposes other than those permitted 29 by section 48A.39. 30 Sec. 13. Section 39A.4, subsection 1, paragraph c, 31 subparagraph (5), Code 2019, is amended by striking the 32 subparagraph. 33 Sec. 14. Section 39A.6, Code 2019, is amended to read as 34 follows: 35 -5- LSB 2230SV (1) 88 ss/jh 5/ 59
S.F. 575 39A.6 Technical infractions —— notice. 1 1. If the state commissioner or county commissioner becomes 2 aware of an apparent technical violation of a provision of 3 chapters 39 through 53 , the state commissioner or county 4 commissioner may administratively provide a written notice 5 and letter of instruction to the responsible person regarding 6 proper compliance procedures. 7 2. If the state commissioner sends a notice of such a 8 technical infraction to a county commissioner, the state 9 commissioner may require a written explanation of the 10 occurrence, and measures that the person took to redress the 11 issues contained within the notice. 12 3. This notice is not a final determination of facts or law 13 in the matter, and does not entitle a person to a proceeding 14 under chapter 17A . 15 Sec. 15. Section 43.14, subsection 1, Code 2019, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . g. The printed name, signature, address, 18 and phone number of the person responsible for circulating the 19 petition page. The petition page shall clearly indicate that a 20 candidate circulating the page shall provide the information 21 required by this paragraph. 22 Sec. 16. Section 43.14, subsection 2, Code 2019, is amended 23 to read as follows: 24 2. a. Signatures on a petition page shall be counted only 25 if the information required in subsection 1 is written or 26 printed at the top of the page. 27 b. Nomination papers on behalf of candidates for seats in 28 the general assembly need only designate the number of the 29 senatorial or representative district, as appropriate, and 30 not the county or counties, in which the candidate and the 31 petitioners reside. 32 c. A signature line shall not be counted if the line 33 lacks the signature of the eligible elector and the signer’s 34 residential address , with street and number, if any, and city. 35 -6- LSB 2230SV (1) 88 ss/jh 6/ 59
S.F. 575 A signature line shall not be counted if an eligible elector 1 supplies only a partial address or a post office box address, 2 or if the signer’s address is obviously outside the boundaries 3 of the district. 4 d. A signature line shall not be counted if any of the 5 required information is crossed out or redacted at the time 6 the nomination papers are filed with the state commissioner or 7 commissioner. 8 Sec. 17. Section 43.14, subsection 4, Code 2019, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . f. Any other information required by section 11 43.18. 12 Sec. 18. Section 43.15, subsection 2, Code 2019, is amended 13 to read as follows: 14 2. Each signer shall add the signer’s residence residential 15 address , with street and number, if any, and the date of 16 signing. 17 Sec. 19. Section 43.22, unnumbered paragraph 1, Code 2019, 18 is amended to read as follows: 19 The state commissioner shall, at least sixty-nine days 20 before a primary election, or as soon as practicable if an 21 objection under section 43.24 is pending, furnish to the 22 commissioner of each county a certificate under the state 23 commissioner’s hand and seal, which certificate shall show: 24 Sec. 20. Section 43.24, subsection 1, paragraph b, 25 subparagraphs (1) and (2), Code 2019, are amended to read as 26 follows: 27 (1) Those filed with the state commissioner, not less than 28 seventy-four days before the date of the election , or for 29 certificates of nomination filed under section 43.23, not less 30 than seventy days before the date of the election . 31 (2) Those filed with the commissioner, not less than 32 sixty-four days before the date of the election , or for 33 certificates of nomination filed under section 43.23, not less 34 than sixty-two days before the date of the election . 35 -7- LSB 2230SV (1) 88 ss/jh 7/ 59
S.F. 575 Sec. 21. Section 45.5, subsection 1, Code 2019, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . f. The printed name, signature, address, 3 and phone number of the person responsible for circulating the 4 petition page. 5 Sec. 22. Section 45.5, subsection 2, Code 2019, is amended 6 to read as follows: 7 2. a. Signatures on a petition page shall be counted only 8 if the information required in subsection 1 is written or 9 printed at the top of the page. 10 b. Nomination papers on behalf of candidates for seats in 11 the general assembly need only designate the number of the 12 senatorial or representative district, as appropriate, and 13 not the county or counties, in which the candidate and the 14 petitioners reside. 15 c. A signature line in a nomination petition shall not be 16 counted if the line lacks the signature of the eligible elector 17 and the signer’s residential address , with street and number, 18 if any, and city. A signature line shall not be counted if 19 an eligible elector supplies only a partial address or a post 20 office box address, or if the signer’s address is obviously 21 outside the boundaries of the appropriate ward, city, school 22 district or school district director district, legislative 23 district, or other district. 24 d. A signature line shall not be counted if any of the 25 required information is crossed out or redacted at the time 26 the nomination papers are filed with the state commissioner or 27 commissioner. 28 Sec. 23. Section 45.6, subsection 2, Code 2019, is amended 29 to read as follows: 30 2. Each signer shall add the signer’s residence residential 31 address , with street and number , if any, and city . 32 Sec. 24. Section 47.1, subsection 6, Code 2019, is amended 33 to read as follows: 34 6. The state commissioner may, at the state commissioner’s 35 -8- LSB 2230SV (1) 88 ss/jh 8/ 59
S.F. 575 discretion, examine the records of a commissioner to evaluate 1 complaints and to ensure compliance with the provisions 2 of chapters 39 through 53 . This examination shall include 3 assessments conducted or authorized by private or government 4 entities to evaluate a county’s security readiness for 5 elections-related technology or physical facilities. The state 6 commissioner shall adopt rules pursuant to chapter 17A to 7 require a commissioner to provide written explanations related 8 to examinations conducted pursuant to this subsection . Any 9 information that is requested by or in the possession of the 10 state commissioner pursuant to this chapter shall not lose its 11 confidential status pursuant to section 22.7, subsection 50. 12 Sec. 25. Section 47.1, Code 2019, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 7. The state commissioner may share 15 information a county provides to an appropriate government 16 agency to safeguard against cybersecurity or physical threats. 17 NEW SUBSECTION . 8. The state commissioner may adopt rules 18 pursuant to chapter 17A to create minimum security protocols 19 applicable to county commissioners of elections. If a county 20 fails to adhere to these protocols, the state commissioner may 21 limit access to the statewide voter registration system. 22 Sec. 26. Section 47.2, Code 2019, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 7. The county commissioner of elections 25 shall, to maintain election security, do all of the following: 26 a. When the county commissioner believes that a 27 cybersecurity incident or data breach has occurred, the county 28 commissioner shall immediately inform the state commissioner 29 of elections. 30 b. If the county commissioner has no reason to believe 31 that a cybersecurity incident or data breach has occurred, 32 the county commissioner shall certify that fact to the state 33 commissioner on an annual basis. 34 Sec. 27. Section 47.7, subsection 2, paragraph d, Code 2019, 35 -9- LSB 2230SV (1) 88 ss/jh 9/ 59
S.F. 575 is amended to read as follows: 1 d. The state registrar shall prescribe by rule the 2 procedures for access to the state voter registration file, 3 security requirements, and access protocols for adding, 4 changing, or deleting information from the state voter 5 registration file including all of the following: 6 (1) Access protocols for adding, changing, or deleting 7 information from the state voter registration file. 8 (2) Training requirements for all state voter registration 9 file users. 10 (3) Technology safeguards, including county information 11 technology network requirements, necessary to access the state 12 voter registration file. 13 (4) Breach incident response requirements and protocols on 14 all matters related to elections . 15 Sec. 28. Section 47.7, subsection 2, Code 2019, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . e. The state registrar may rescind access to 18 the statewide voter registration file from a user who is not in 19 compliance with the prescribed rules. 20 Sec. 29. Section 48A.9, subsection 4, Code 2019, is amended 21 to read as follows: 22 4. Registration forms submitted to voter registration 23 agencies, to motor vehicle driver’s license stations, and to 24 county treasurer’s offices participating in county issuance of 25 driver’s licenses under chapter 321M shall be considered on 26 time if they are received no later than 5:00 11:59 p.m. on the 27 day registration closes for that election. Offices or agencies 28 other than the county commissioner’s office are not required 29 to be open for voter registration purposes at times other than 30 their usual office hours. 31 Sec. 30. Section 48A.26, subsection 1, Code 2019, is amended 32 to read as follows: 33 1. a. Except as otherwise provided in paragraph paragraphs 34 “b” and “c” of this subsection , or section 48A.26A, within seven 35 -10- LSB 2230SV (1) 88 ss/jh 10/ 59
S.F. 575 working days of receipt of a voter registration form or change 1 of information in a voter registration record the commissioner 2 shall send an acknowledgment to the registrant at the mailing 3 address shown on the registration form. The acknowledgment 4 shall be sent by nonforwardable mail. 5 b. For a voter registration form or change of information 6 in a voter registration record submitted at a precinct caucus, 7 the commissioner shall send an acknowledgment within forty-five 8 days of receipt of the form or change of information. 9 c. For a voter registration form or change of information in 10 a voter registration record submitted within fourteen days of a 11 regularly scheduled election, the commissioner shall send an 12 acknowledgment within forty-eight hours of receipt of the form 13 or change of information. 14 Sec. 31. Section 49.11, Code 2019, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 4. Notice of changes made pursuant to 17 subsection 3 shall be reported to the state commissioner at 18 least twenty-five days before the next election in which the 19 temporary precinct will be active, or, for elections held 20 pursuant to section 69.14 while the general assembly is in 21 session or within forty-five days of the convening of a session 22 of the general assembly, at least ten days before election day. 23 Sec. 32. Section 49.31, subsection 1, paragraph a, Code 24 2019, is amended to read as follows: 25 a. All ballots shall be arranged with the names of 26 candidates for each office listed below the office title. 27 For partisan elections the name of the political party or 28 organization which nominated each candidate shall be listed 29 after or below each candidate’s name. The state commissioner 30 may prescribe, and a county commissioner may use, uniform 31 abbreviations for political parties and organizations. 32 Sec. 33. Section 49.57, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. After the name of each candidate for a partisan office 35 -11- LSB 2230SV (1) 88 ss/jh 11/ 59
S.F. 575 the name of the candidate’s political party shall be printed 1 in at least six point type. The names of political parties 2 and nonparty political organizations may be abbreviated on 3 the remainder of the ballot if both the full name and the 4 abbreviation appear in the voter instruction area of the 5 ballot. 6 Sec. 34. Section 50.51, subsection 6, Code 2019, is amended 7 to read as follows: 8 6. The state commissioner shall adopt rules, pursuant 9 to chapter 17A , to implement this section , which may include 10 the establishment of pilot programs related to post-election 11 audits . 12 Sec. 35. NEW SECTION . 53.1A Rules. 13 The state commissioner shall adopt rules pursuant to chapter 14 17A for the implementation of this chapter. 15 Sec. 36. Section 53.8, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2019, is amended to read as 17 follows: 18 Upon receipt of an application for an absentee ballot 19 and immediately after the absentee ballots are printed, 20 but not more than twenty-nine days before the election, the 21 commissioner shall mail an absentee ballot to the applicant 22 within twenty-four hours, except as otherwise provided in 23 subsection 3 . When the United States post office is closed 24 in observance of a federal holiday and is not delivering mail 25 on the twenty-ninth day before the election, the first day to 26 mail absentee ballots is the next business day on which mail 27 delivery is available. The absentee ballot shall be sent to 28 the registered voter by one of the following methods: 29 Sec. 37. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION VI 32 MISCELLANEOUS PROVISIONS 33 Sec. 38. Section 54.9, Code 2019, is amended to read as 34 follows: 35 -12- LSB 2230SV (1) 88 ss/jh 12/ 59
S.F. 575 54.9 Compensation. 1 The electors shall each receive a compensation of 2 five dollars one-half of the federal general services 3 administration’s per diem rate for the relevant date and 4 location for every day’s attendance, and the same mileage as 5 members of the general assembly which shall be paid from funds 6 not otherwise appropriated from the general fund of the state. 7 Sec. 39. Section 68.9, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. When an impeachment is presented, the senate shall, after 10 the hour of final adjournment of the legislature as soon as 11 practicable , be forthwith organized as a court of impeachment 12 for the trial thereof, at the capitol. 13 Sec. 40. Section 68.14, Code 2019, is amended to read as 14 follows: 15 68.14 Compensation —— fees —— payment. 16 The presiding officer and members of the senate, while 17 sitting as a court of impeachment, and the managers elected 18 by the house of representatives, shall receive the sum of 19 six dollars each per day be compensated the same as for a 20 special session of the general assembly, but shall receive 21 no additional compensation during a regular session of the 22 general assembly , and shall be reimbursed for mileage expense 23 in going from and returning to their places of residence by the 24 ordinary traveled routes; the secretary, sergeant at arms, and 25 all subordinate officers, clerks, and reporters, shall receive 26 such amount as shall be determined upon by a majority vote of 27 the members of such court. The same fees shall be allowed to 28 witnesses, to officers, and to other persons serving process or 29 orders, as are allowed for like services in criminal cases, but 30 no fees can be demanded in advance. The state treasurer shall, 31 upon the presentation of certificates signed by the presiding 32 officer and secretary of the senate, pay all of the foregoing 33 compensations and the expenses of the senate incurred under the 34 provisions of this chapter . 35 -13- LSB 2230SV (1) 88 ss/jh 13/ 59
S.F. 575 DIVISION VII 1 NOMINATIONS BY PETITION 2 Sec. 41. Section 43.20, subsection 1, Code 2019, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 1. Nomination papers shall be signed by eligible electors as 6 provided in section 45.1. 7 Sec. 42. Section 45.1, subsections 1, 2, 3, 4, 5, 6, 8, and 8 9, Code 2019, are amended to read as follows: 9 1. Nominations for candidates for president and vice 10 president, governor and lieutenant governor, and for other 11 statewide elected offices United States senator may be made by 12 nomination petitions signed by not less than one thousand five 13 hundred four thousand eligible electors residing in , including 14 at least two hundred eligible electors from not less than ten 15 counties of the state. 16 2. Nominations for candidates for a representative in 17 the United States house of representatives may be made by 18 nomination petitions signed by not less than the number of 19 eligible electors equal to the number of signatures required in 20 subsection 1 divided by the number of congressional districts. 21 Signers of the petition shall be eligible electors who are 22 residents of the congressional district two thousand eligible 23 electors who are residents of the congressional district, 24 including seventy-seven eligible electors from at least 25 one-half of the counties in the congressional district . 26 3. Nominations for candidates for the state senate may 27 be made by nomination petitions signed by not less than one 28 two hundred eligible electors who are residents of the senate 29 district. 30 4. Nominations for candidates for the state house of 31 representatives may be made by nomination petitions signed 32 by not less than fifty one hundred eligible electors who are 33 residents of the representative district. 34 5. Nominations for candidates for offices filled by the 35 -14- LSB 2230SV (1) 88 ss/jh 14/ 59
S.F. 575 voters of a whole county may be made by nomination petitions 1 signed by at least two hundred eligible electors who are 2 residents of the county equal in number to at least one percent 3 of the number of registered voters in the county on July 1 in 4 the year preceding the year in which the office will appear on 5 the ballot, or by at least two hundred fifty eligible electors 6 who are residents of the county, whichever is less . 7 6. Nominations for candidates for the office of county 8 supervisor elected by the voters of a supervisor district may 9 be made by nomination petitions signed by at least two hundred 10 eligible electors who are residents of the supervisor district 11 equal in number to at least one percent of the number of 12 registered voters in the supervisor district on July 1 in the 13 year preceding the year in which the office will appear on the 14 ballot, or by at least one hundred fifty eligible electors who 15 are residents of the supervisor district, whichever is less . 16 8. Nominations for candidates for elective offices in 17 cities where the council has adopted nominations under this 18 chapter may be submitted as follows: 19 a. Except as otherwise provided in subsection 9 , in cities 20 having a population of three thousand five hundred twenty 21 thousand or greater according to the most recent federal 22 decennial census, nominations may be made by nomination papers 23 signed by not less than twenty-five one hundred eligible 24 electors who are residents of the city or ward. 25 b. In cities having a population of one hundred five 26 thousand or greater, but less than three thousand five hundred 27 twenty thousand , according to the most recent federal decennial 28 census, nominations may be made by nomination papers signed by 29 not less than ten fifty eligible electors who are residents of 30 the city or ward. 31 c. In cities having a population less than one hundred one 32 thousand or greater, but less than five thousand, according 33 to the most recent federal decennial census, nominations may 34 be made by nomination papers signed by not less than five 35 -15- LSB 2230SV (1) 88 ss/jh 15/ 59
S.F. 575 twenty-five eligible electors who are residents of the city. 1 d. In cities having a population less than one thousand, 2 according to the most recent federal decennial census, 3 nominations may be made by nomination papers signed by not less 4 than ten eligible electors who are residents of the city. 5 9. Nominations for candidates, other than partisan 6 candidates, for elective offices the office of mayor, alderman 7 at large, and ward alderman in special charter cities subject 8 to section 43.112 may be submitted as follows: made by 9 nomination papers signed by not less than one hundred eligible 10 electors residing in the city. 11 a. For the office of mayor and alderman at large, 12 nominations may be made by nomination papers signed by eligible 13 electors residing in the city equal in number to at least two 14 percent of the total vote received by all candidates for mayor 15 at the last preceding city election. 16 b. For the office of ward alderman, nominations may be made 17 by nomination papers signed by eligible electors residing in 18 the ward equal in number to at least two percent of the total 19 vote received by all candidates for ward alderman in that ward 20 at the last preceding city election. 21 Sec. 43. Section 45.1, Code 2019, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 02. Nominations for candidates for 24 statewide offices other than those listed in subsection 1 may 25 be made by nomination petitions signed by not less than two 26 thousand five hundred eligible electors, including at least one 27 hundred twenty-five eligible electors from not less than ten 28 counties of the state. 29 DIVISION VIII 30 CONDUCT OF ELECTIONS 31 Sec. 44. Section 39.2, subsection 4, paragraphs a, b, and c, 32 Code 2019, are amended to read as follows: 33 a. For a county, on the day of the general election, on 34 the day of the regular city election, on the date of a special 35 -16- LSB 2230SV (1) 88 ss/jh 16/ 59
S.F. 575 election held to fill a vacancy in the same county, or on the 1 first Tuesday in March in an odd-numbered year , the first 2 Tuesday in May April , or the first second Tuesday in August 3 of each year September, or the first Tuesday after the first 4 Monday in November . For a county, in an even-numbered year, 5 the second Tuesday in January, the last Tuesday in April, or 6 the second Tuesday in September. 7 b. For a city, on the day of the general election, on the 8 day of the regular city election, on the date of a special 9 election held to fill a vacancy in the same city, or on the 10 first Tuesday in March in an odd-numbered year , the first 11 Tuesday in May April , or the first second Tuesday in August 12 of each year September, or the first Tuesday after the first 13 Monday in November . For a city, in an even-numbered year, the 14 second Tuesday in January, the last Tuesday in April, or the 15 second Tuesday in September. 16 c. For a school district or merged area, in the odd-numbered 17 year, the first second Tuesday in February January , the 18 first last Tuesday in April, the last second Tuesday in June 19 September , or the second first Tuesday after the first Monday 20 in September November . For a school district or merged area, 21 in the even-numbered year, the first second Tuesday in February 22 January , the first last Tuesday in April, or the second Tuesday 23 in September , or the second Tuesday in December . 24 Sec. 45. Section 39.12, Code 2019, is amended to read as 25 follows: 26 39.12 Failure to vacate. 27 An elected official who has been elected to another elective 28 office to which section 39.11 applies shall choose only one 29 office in which to serve. The official shall resign from all 30 but one of the offices to which section 39.11 applies before 31 the beginning of the term of the office to which the person 32 was most recently elected. Failure to submit the required 33 resignation will result in a vacancy in all the first elective 34 offices office to which the person was elected. 35 -17- LSB 2230SV (1) 88 ss/jh 17/ 59
S.F. 575 Sec. 46. Section 43.11, subsection 1, Code 2019, is amended 1 to read as follows: 2 1. For an elective county office, in the office of the 3 county commissioner not earlier than ninety-two days nor later 4 than 5:00 p.m. on the sixty-ninth seventy-fourth day before the 5 day fixed for holding the primary election. 6 Sec. 47. Section 43.16, subsection 2, paragraph b, Code 7 2019, is amended to read as follows: 8 b. A person who has filed nomination papers with the 9 commissioner may withdraw as a candidate not later than the 10 sixty-seventh sixty-ninth day before the primary election by 11 notifying the commissioner in writing. 12 Sec. 48. NEW SECTION . 43.17 Disqualification of defeated 13 candidates. 14 A person who files nomination papers pursuant to section 15 43.11 but fails to receive the nomination of the political 16 party shall not be eligible for election to the office listed 17 on the nomination papers in the next general election for that 18 office. 19 Sec. 49. Section 43.23, Code 2019, is amended to read as 20 follows: 21 43.23 Death or withdrawal of primary candidate. 22 1. If a person who has filed nomination papers with the 23 state commissioner as a candidate in a primary election dies 24 or withdraws up to the seventy-sixth day before the primary 25 election, the appropriate convention or central committee of 26 that person’s political party may designate one additional 27 primary election candidate for the nomination that person 28 was seeking, if the designation is submitted to the state 29 commissioner in writing by 5:00 p.m. on the seventy-first day 30 before the date of the primary election. The name of any 31 candidate so submitted shall be included in the appropriate 32 certificate or certificates furnished by the state commissioner 33 under section 43.22 . 34 2. If a person who has filed nomination papers with the 35 -18- LSB 2230SV (1) 88 ss/jh 18/ 59
S.F. 575 commissioner as a candidate in a primary election dies or 1 withdraws up to the sixty-seventh sixty-ninth day before 2 the primary election, the appropriate convention or central 3 committee of that person’s political party may designate one 4 additional primary election candidate for the nomination 5 that person was seeking, if the designation is submitted to 6 the commissioner in writing by 5:00 p.m. on the sixty-third 7 sixty-fourth day before the primary election. The name of 8 any candidate so submitted shall be placed on the appropriate 9 ballot or ballots by the commissioner. 10 Sec. 50. Section 43.24, subsection 1, paragraph b, 11 subparagraph (2), Code 2019, is amended to read as follows: 12 (2) Those filed with the commissioner, not less than 13 sixty-four sixty-seven days before the date of the election. 14 Sec. 51. Section 43.30, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. The commissioner shall make sample ballots available to 17 the public upon request. The sample ballots shall be clearly 18 marked as sample ballots. A reasonable fee may be charged for 19 printing costs if a person requests multiple copies of sample 20 ballots. The commissioner shall not distribute sample ballots 21 except as provided in this subsection. 22 Sec. 52. Section 43.36, Code 2019, is amended to read as 23 follows: 24 43.36 Australian ballot. 25 The Australian ballot system as now used in this state, 26 except as herein modified, shall be used at said primary 27 election. The endorsement of the precinct election officials 28 and the facsimile of the commissioner’s signature county 29 seal shall appear upon the ballots as provided for general 30 elections. 31 Sec. 53. Section 43.78, subsection 2, Code 2019, is amended 32 to read as follows: 33 2. The name of any candidate designated to fill a vacancy 34 on the general election ballot in accordance with subsection 35 -19- LSB 2230SV (1) 88 ss/jh 19/ 59
S.F. 575 1 , paragraph “a” , “b” , or “c” shall be submitted in writing 1 to the state commissioner not later than 5:00 p.m. on the 2 seventy-third seventy-sixth day before the date of the general 3 election. 4 Sec. 54. Section 43.79, Code 2019, is amended to read as 5 follows: 6 43.79 Death of candidate after time for withdrawal. 7 The death of a candidate nominated as provided by law for any 8 office to be filled at a general election, during the period 9 beginning on the eighty-first seventy-fifth day before the 10 general election, in the case of any candidate whose nomination 11 papers were filed with the state commissioner, or beginning 12 on the seventy-third day before the general election, in the 13 case of any candidate whose nomination papers were filed with 14 the commissioner, and ending on the last day before at the 15 time the polls close on the day of the general election shall 16 not operate to remove the deceased candidate’s name from the 17 general election ballot. If the deceased candidate was seeking 18 the office of senator or representative in the Congress of 19 the United States, governor, attorney general, senator or 20 representative in the general assembly or county supervisor, 21 section 49.58 shall control. If the deceased candidate was 22 seeking any other office, and as a result of the candidate’s 23 death a vacancy is subsequently found to exist, the vacancy 24 shall be filled as provided by chapter 69 . 25 Sec. 55. Section 44.1, Code 2019, is amended to read as 26 follows: 27 44.1 Political nonparty organizations. 28 Any convention or caucus of eligible electors representing 29 a political organization which is not a political party as 30 defined by law, may, for the state, or for any division or 31 municipality thereof, or for any county, or for any subdivision 32 thereof, for which such convention or caucus is held, make one 33 nomination of a candidate for each office to be filled therein 34 at the general election. However, in order to qualify for 35 -20- LSB 2230SV (1) 88 ss/jh 20/ 59
S.F. 575 any nomination made for a statewide elective office by such 1 a political organization there shall be in attendance at the 2 convention or caucus where the nomination is made a minimum of 3 two hundred fifty five hundred eligible electors including at 4 least one eligible elector from each of twenty-five counties. 5 In order to qualify for any nomination to the office of United 6 States representative there shall be in attendance at the 7 convention or caucus where the nomination is made a minimum 8 of fifty two hundred eligible electors who are residents of 9 the congressional district including at least one eligible 10 elector from each of at least one-half of the counties of 11 the congressional district. In order to qualify for any 12 nomination to an office to be filled by the voters of a county 13 or of a city there shall be in attendance at the convention or 14 caucus where the nomination is made a minimum of ten twenty 15 eligible electors who are residents of the county or city, 16 as the case may be, including at least one eligible elector 17 from at least one-half of the voting precincts in that county 18 or city. In order to qualify for any nomination made for 19 the general assembly there shall be in attendance at the 20 convention or caucus where the nomination is made a minimum 21 of ten twenty-five eligible electors who are residents of the 22 representative district or twenty fifty eligible electors who 23 are residents of the senatorial district, as the case may be, 24 with at least one eligible elector from one-half of the voting 25 precincts in the district in each case. The names of all 26 delegates in attendance at such convention or caucus and such 27 fact shall be certified to the state commissioner together with 28 the other certification requirements of this chapter . 29 Sec. 56. Section 44.4, Code 2019, is amended to read as 30 follows: 31 44.4 Nominations and objections —— time and place of filing. 32 1. a. Nominations made pursuant to this chapter and 33 chapter 45 which are required to be filed in the office of the 34 state commissioner shall be filed in that office not more than 35 -21- LSB 2230SV (1) 88 ss/jh 21/ 59
S.F. 575 ninety-nine days nor later than 5:00 p.m. on the seventy-third 1 eighty-first day before the date of the general election to be 2 held in November first Tuesday after the first Monday in June 3 in each even-numbered year . Nominations made for a special 4 election called pursuant to section 69.14 shall be filed by 5 5:00 p.m. not less than twenty-five days before the date of 6 an election called upon at least forty days’ notice and not 7 less than fourteen days before the date of an election called 8 upon at least eighteen days’ notice. Nominations made for 9 a special election called pursuant to section 69.14A shall 10 be filed by 5:00 p.m. not less than twenty-five days before 11 the date of the election. Nominations made pursuant to this 12 chapter and chapter 45 which are required to be filed in the 13 office of the commissioner shall be filed in that office not 14 more than ninety-two days nor later than 5:00 p.m. on the 15 sixty-ninth seventy-fourth day before the date of the general 16 election first Tuesday after the first Monday in June in each 17 even-numbered year . Nominations made pursuant to this chapter 18 or chapter 45 for city office shall be filed not more than 19 seventy-two days nor later than 5:00 p.m. on the forty-seventh 20 day before the city election with the county commissioner 21 of elections responsible under section 47.2 for conducting 22 elections held for the city, who shall process them as provided 23 by law. 24 b. Notwithstanding paragraph “a” , nominations for president 25 and vice president of the United States shall be filed in the 26 office of the state commissioner not more than ninety-nine days 27 nor later than 5:00 p.m. on the eighty-first day before the 28 date of the general election to be held in November. 29 2. a. Objections to the legal sufficiency of a certificate 30 of nomination or nomination petition or to the eligibility 31 of a candidate may be filed by any person who would have the 32 right to vote for a candidate for the office in question. 33 The objections must be filed with the officer with whom the 34 certificate or petition is filed and within the following time: 35 -22- LSB 2230SV (1) 88 ss/jh 22/ 59
S.F. 575 (1) Those filed with the state commissioner, not less than 1 sixty-eight seventy-four days before the date of the election. 2 (2) Those filed with the commissioner, not less than 3 sixty-four days before the date of the election, except as 4 provided in subparagraph (3). 5 (3) Those filed with the commissioner for an elective city 6 office, at least forty-two days before the regularly scheduled 7 or special city election. However, for those cities that may 8 be required to hold a primary election, at least sixty-three 9 days before the regularly scheduled or special city election. 10 (4) In the case of nominations to fill vacancies occurring 11 after the time when an original nomination for an office is 12 required to be filed, objections shall be filed within three 13 days after the filing of the certificate. 14 b. Objections shall be filed no later than 5:00 p.m. on the 15 final date for filing. 16 Sec. 57. Section 44.9, subsections 1 and 2, Code 2019, are 17 amended to read as follows: 18 1. In the office of the state commissioner, at least 19 sixty-eight days before the date of the election as provided 20 in section 43.76 . 21 2. In the office of the appropriate commissioner, at least 22 sixty-four days before the date of the election, except as 23 otherwise provided in subsection 6 as provided in section 24 43.76 . 25 Sec. 58. Section 47.2, Code 2019, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. The county commissioner shall not 28 participate in an absentee ballot drive or collection effort in 29 cooperation with a candidate, candidate’s committee, political 30 party, or nonparty political organization. 31 Sec. 59. NEW SECTION . 47.12 Electronic poll books —— 32 mandatory. 33 Each county commissioner of elections shall, by February 26, 34 2020, ensure that each election precinct uses an electronic 35 -23- LSB 2230SV (1) 88 ss/jh 23/ 59
S.F. 575 poll book. 1 Sec. 60. Section 48A.9, subsection 1, Code 2019, is amended 2 to read as follows: 3 1. Registration closes at 5:00 p.m. eleven ten days before 4 each election except general elections. For general elections, 5 registration closes at 5:00 p.m. ten days before the election . 6 An eligible elector may register during the time registration 7 is closed in the elector’s precinct but the registration shall 8 not become effective until registration opens again in the 9 elector’s precinct, except as otherwise provided in section 10 48A.7A . 11 Sec. 61. NEW SECTION . 49.2 Oversight by the state 12 commissioner. 13 The state commissioner, or a designee of the state 14 commissioner, may, at the discretion of the state commissioner, 15 oversee the activities of a county commissioner of elections 16 during a period beginning sixty days before an election and 17 ending sixty days after an election. 18 Sec. 62. Section 49.21, Code 2019, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 4. The commissioner shall remove or obscure 21 from the view of voters any material displaying the name of a 22 candidate or elected official other than a ballot or sample 23 ballot. 24 Sec. 63. NEW SECTION . 49.42B Form of official ballot —— 25 candidates for president and vice president. 26 When candidates for president and vice president of the 27 United States appear on the ballot, the following statement 28 shall appear directly above the section of the ballot listing 29 such candidates: 30 [A ballot cast for the named candidates for president 31 and vice president of the United States is considered to be 32 cast for the slate of presidential electors nominated by 33 the political party, nonparty political organization, or 34 independent candidate.] 35 -24- LSB 2230SV (1) 88 ss/jh 24/ 59
S.F. 575 Sec. 64. NEW SECTION . 49.49 Certain sample ballots 1 prohibited. 2 The commissioner and state commissioner of elections shall 3 not distribute or authorize the distribution of sample ballots 4 to voters other than as provided in sections 49.53 and 52.29. 5 Sec. 65. Section 49.51, Code 2019, is amended to read as 6 follows: 7 49.51 Commissioner to control printing. 8 The commissioner shall have charge of the printing of the 9 ballots to be used for any election held in the county, unless 10 the commissioner delegates that authority as permitted by this 11 section . The commissioner may delegate this authority only 12 to another commissioner who is responsible under section 47.2 13 for conducting the elections held for a political subdivision 14 which lies in more than one county, and only with respect to 15 printing of ballots containing only public questions or the 16 names of candidates to be voted upon by the registered voters 17 of that political subdivision. Only one facsimile signature 18 county seal , that of the county of the commissioner under 19 whose direction the ballot is printed, shall appear on the 20 ballot. It is the duty of the commissioner to insure that the 21 arrangement of any ballots printed under the commissioner’s 22 direction conforms to all applicable requirements of this 23 chapter . 24 Sec. 66. Section 49.57, subsection 6, Code 2019, is amended 25 to read as follows: 26 6. A portion of the ballot shall include the words “Official 27 ballot”, the unique identification number or name assigned by 28 the commissioner to the ballot style, the date of the election, 29 and a facsimile of the signature the county seal of the county 30 of the commissioner who has caused the ballot to be printed 31 pursuant to section 49.51 . 32 Sec. 67. Section 49.58, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. If any candidate nominated by a political party, 35 -25- LSB 2230SV (1) 88 ss/jh 25/ 59
S.F. 575 as defined in section 43.2 , for the office of senator or 1 representative in the Congress of the United States, governor, 2 attorney general, or senator or representative in the general 3 assembly dies during the period beginning on the eighty-eighth 4 eighty-first day and ending at the time the polls close on the 5 last day before of the general election, or if any candidate 6 so nominated for the office of county supervisor dies during 7 the period beginning on the seventy-third seventy-fourth day 8 and ending at the time the polls close on the last day before 9 of the general election, the vote cast at the general election 10 for that office shall not be canvassed as would otherwise be 11 required by chapter 50 . Instead, a special election shall be 12 held on the first Tuesday after the second Monday in December, 13 for the purpose of electing a person to fill that office. 14 Sec. 68. Section 49.73, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. a. The commissioner shall not shorten voting hours for 17 any election if there is filed in the commissioner’s office, at 18 least twenty-five days before the election, a petition signed 19 by at least fifty eligible electors of the school district 20 or city, as the case may be, requesting that the polls be 21 opened not later than 7:00 a.m. All polling places where the 22 candidates of or any public question submitted by any one 23 political subdivision are being voted upon shall be opened at 24 the same hour, except that this requirement shall not apply 25 to merged areas established under chapter 260C . The hours at 26 which the respective precinct polling places are to open shall 27 not be changed after publication of the notice required by 28 section 49.53 . The polling places shall be closed at 9:00 p.m. 29 for state primary and general elections and other partisan 30 elections, and for any other election held concurrently 31 therewith, and at 8:00 p.m. for all other elections. 32 b. The legislative services agency shall place on the 33 internet site of the agency information regarding the opening 34 and closing times of polling places until and including 35 -26- LSB 2230SV (1) 88 ss/jh 26/ 59
S.F. 575 November 7, 2023. This paragraph is repealed effective July 1 1, 2024. 2 Sec. 69. Section 49.82, Code 2019, is amended to read as 3 follows: 4 49.82 Voter to receive one ballot —— endorsement. 5 When an empty voting booth is available, one of the precinct 6 election officials shall endorse the official’s initials on 7 each ballot the voter will receive. The initials shall be 8 placed so that they may be seen when the ballot is properly 9 folded or enclosed in a secrecy folder. The name or signature 10 of the commissioner shall not appear on the ballot except as 11 part of the list of candidates when the commissioner is a 12 candidate for election. The official shall give the voter one 13 and only one of each of the ballots to be voted at that election 14 in that precinct, except as provided by section 49.100 . No 15 ballot without the required official endorsement shall be 16 placed in the ballot box. 17 Sec. 70. Section 49A.6, Code 2019, is amended to read as 18 follows: 19 49A.6 Certification —— sample ballot. 20 The state commissioner of elections shall, not less than 21 sixty-nine sixty-three days preceding any election at which a 22 constitutional amendment or public measure is to be submitted 23 to a vote of the entire people of the state, transmit to the 24 county commissioner of elections of each county a certified 25 copy of the amendment or measure and a sample of the ballot to 26 be used in such cases, prepared in accordance with law. 27 Sec. 71. Section 50.44, Code 2019, is amended to read as 28 follows: 29 50.44 Tie vote. 30 1. If more than the requisite number of persons, including 31 other than for presidential electors, are found to have an 32 equal and the highest number of votes, the election of one of 33 them shall be determined by lot. The name of each of such 34 candidates shall be written on separate pieces of paper, as 35 -27- LSB 2230SV (1) 88 ss/jh 27/ 59
S.F. 575 nearly uniform in size and material as possible, and placed in 1 a receptacle so that the names cannot be seen. In the presence 2 of the board of canvassers, one of them shall publicly draw 3 one of such names, and such person shall be declared elected a 4 special election shall be held consistent with section 69.14, 5 in which each such candidate shall be the only candidates on 6 the ballot . The result of such drawing an election shall be 7 entered upon the abstract of votes and duly recorded, and a 8 certificate of election issued to such person, as provided in 9 this chapter . 10 2. If more than the requisite number of presidential 11 electors are found to have an equal and the highest number of 12 votes, the presidential electors shall be assigned one-half 13 to each candidate. If there is an odd number of presidential 14 electors, the remaining elector shall be assigned by lot. 15 Sec. 72. Section 50.48, subsection 3, Code 2019, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . c. In addition to the persons listed in 18 paragraph “a” , the candidate requesting the recount and the 19 apparent winning candidate may each submit a request to a 20 commissioner from a county other than the county conducting the 21 recount to be present at the recount. Such a commissioner may 22 report any irregularities observed by the commissioner at any 23 time after the election to the state commissioner. 24 Sec. 73. Section 50.48, subsection 4, paragraph b, Code 25 2019, is amended to read as follows: 26 b. Any member of the recount board may at any time during 27 the recount proceedings for an election for a statewide 28 elected official as defined in section 68B.2 or a United States 29 senator extend the recount of votes cast for the office or 30 nomination in question to any other precinct or precincts in 31 the same county, or from which the returns were reported to 32 the commissioner responsible for conducting the election, 33 without the necessity of posting additional bond. The recount 34 proceedings for an election for any other office shall include 35 -28- LSB 2230SV (1) 88 ss/jh 28/ 59
S.F. 575 all precincts in which a ballot for the election was cast. 1 Sec. 74. NEW SECTION . 50.52 Enforcement. 2 Members of local law enforcement agencies and the state 3 patrol are authorized to take all reasonable actions to prevent 4 violations of this chapter. 5 Sec. 75. Section 53.2, subsection 4, paragraph b, Code 2019, 6 is amended to read as follows: 7 b. If insufficient information has been provided, including 8 the absence of a voter verification number, either on the 9 prescribed form or on an application created by the applicant, 10 the commissioner shall, by the best means available, obtain 11 the additional necessary information within twenty-four hours 12 after the receipt of the absentee ballot request, contact the 13 applicant by telephone and electronic mail, if such information 14 has been provided by the applicant. If the commissioner is 15 unable to contact the applicant by telephone or electronic 16 mail, the commissioner shall send a notice to the applicant 17 at the address where the applicant is registered to vote, or 18 to the applicant’s mailing address if it is different from 19 the residence address. If the applicant has requested the 20 ballot to be sent to an address that is not the applicant’s 21 residential or mailing address, the commissioner shall send an 22 additional notice to the address where the applicant requested 23 the ballot to be sent. A commissioner shall not use the voter 24 registration system to obtain additional necessary information . 25 A voter requesting or casting a ballot pursuant to section 26 53.22 shall not be required to provide a voter verification 27 number. The state commissioner shall adopt rules to implement 28 this section. 29 Sec. 76. Section 53.2, subsection 4, Code 2019, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . d. If an applicant does not have current 32 access to the applicant’s voter verification number, the 33 commissioner shall verify the applicant’s identity prior to 34 supplying the voter verification number by asking the applicant 35 -29- LSB 2230SV (1) 88 ss/jh 29/ 59
S.F. 575 to provide at least two of the following facts about the 1 applicant: 2 (1) Date of birth. 3 (2) The last four digits of the applicant’s social security 4 number, if applicable. 5 (3) Residential address. 6 (4) Mailing address. 7 (5) Middle name. 8 (6) Voter verification number as defined in paragraph “c” . 9 Sec. 77. Section 53.10, subsection 2, paragraph a, Code 10 2019, is amended to read as follows: 11 a. Each person who wishes to vote by absentee ballot at 12 the commissioner’s office shall first sign an application 13 for a ballot including the following information: name, 14 current address, voter verification number, and the election 15 for which the ballot is requested. The person may report a 16 change of address or other information on the person’s voter 17 registration record at that time. Prior to furnishing a 18 ballot, the commissioner shall verify the person’s identity 19 as provided in section 49.78. The registered voter shall 20 immediately mark the ballot; enclose the ballot in a secrecy 21 envelope, if necessary, and seal it in the envelope marked 22 with the affidavit; subscribe to the affidavit on the reverse 23 side of the envelope; and return the absentee ballot to the 24 commissioner. The commissioner shall record the numbers 25 appearing on the application and affidavit envelope along with 26 the name of the registered voter. 27 Sec. 78. Section 53.10, subsection 2, Code 2019, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. If an unregistered person offering to 30 vote an absentee ballot pursuant to this section prior to 31 the deadline in section 48A.9 does not have an Iowa driver’s 32 license, an Iowa nonoperator’s identification card, or a voter 33 identification number assigned to the voter by the state 34 commissioner pursuant to section 47.7, subsection 2, the person 35 -30- LSB 2230SV (1) 88 ss/jh 30/ 59
S.F. 575 may satisfy identity and residence requirements as provided in 1 section 49.78. This section shall also apply to a registered 2 voter casting a ballot pursuant to this section who has not yet 3 received a voter verification number. 4 Sec. 79. Section 53.11, subsection 1, paragraph a, Code 5 2019, is amended to read as follows: 6 a. Not more than twenty-nine days before the date of 7 an election, satellite absentee voting stations may be 8 established throughout the cities and county at the direction 9 of the commissioner and shall be established upon receipt 10 of a petition signed by not less than one hundred eligible 11 electors requesting that a satellite absentee voting station be 12 established at a location to be described on the petition , and 13 may be established at the direction of the commissioner in the 14 case of a special election . However, if a special election is 15 scheduled in the county on a date that falls between the date 16 of the regular city election and the date of the city runoff 17 election, the commissioner is not required to establish a 18 satellite absentee voting station for the city runoff election. 19 Sec. 80. Section 53.11, subsection 1, Code 2019, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. A satellite absentee voting station 22 shall not be established in any state-owned building. A 23 satellite absentee voting station may be established at a 24 county courthouse. 25 Sec. 81. Section 53.11, subsection 2, paragraph e, Code 26 2019, is amended to read as follows: 27 e. For a special election, no later than thirty-two eighteen 28 days before the special election. 29 Sec. 82. Section 53.11, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 6. The commissioner shall remove or obscure 32 from the view of voters any material displaying the name of a 33 candidate or elected official other than a ballot or sample 34 ballot. 35 -31- LSB 2230SV (1) 88 ss/jh 31/ 59
S.F. 575 Sec. 83. Section 53.17, subsection 1, paragraph b, Code 1 2019, is amended to read as follows: 2 b. The sealed return envelope may be mailed to the 3 commissioner by the registered voter or by the voter’s 4 designee. If mailed by the voter’s designee, the envelope must 5 be mailed within seventy-two hours of retrieving it from the 6 voter or within time to be postmarked or, if applicable, to 7 have the intelligent mail barcode traced to a date of entry 8 into the federal mail system not later than the day before the 9 election, whichever is earlier . 10 Sec. 84. Section 53.17, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. In order for the ballot to be counted, the return 13 envelope must be received in the commissioner’s office before 14 the polls close on election day or be clearly postmarked by an 15 officially authorized postal service or bear an intelligent 16 mail barcode traceable to a date of entry into the federal mail 17 system not later than the day before the election and received 18 by the commissioner not later than noon on the Monday following 19 the election . 20 Sec. 85. Section 53.17, subsection 4, paragraph f, Code 21 2019, is amended to read as follows: 22 f. A statement that the completed absentee ballot will 23 be delivered to the commissioner’s office within seventy-two 24 hours of retrieving it from the voter or before the closing of 25 the polls on election day, whichever is earlier, or that the 26 completed absentee ballot will be mailed to the commissioner 27 within seventy-two hours of retrieving it from the voter or 28 within time to be postmarked or, if applicable, to have the 29 intelligent mail barcode traced to a date of entry into the 30 federal mail system not later than the day before the election, 31 whichever is earlier . 32 Sec. 86. Section 53.18, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. a. If the commissioner receives the return envelope 35 -32- LSB 2230SV (1) 88 ss/jh 32/ 59
S.F. 575 containing the completed absentee ballot by 5:00 p.m. on the 1 Saturday before the election for general elections and by 5:00 2 p.m. on the Friday before the election for all other elections, 3 the commissioner shall review the affidavit marked on the 4 return envelope, if applicable, for completeness or shall open 5 the return envelope to review the affidavit for completeness. 6 If the affidavit is incomplete, the commissioner shall, within 7 twenty-four hours of the time the envelope was received, 8 notify the voter of that fact and that the voter may complete 9 the affidavit in person at the office of the commissioner by 10 5:00 p.m. on the day before the election, vote a replacement 11 ballot in the manner and within the time period provided in 12 subsection 3 , or appear at the voter’s precinct polling place 13 on election day and cast a ballot in accordance with section 14 53.19, subsection 3 . 15 (1) If the affidavit lacks the signature of the registered 16 voter, the commissioner shall, within twenty-four hours of the 17 receipt of the envelope, notify the voter of the deficiency 18 and inform the voter that the voter may vote a replacement 19 ballot as provided in subsection 3, cast a ballot as provided 20 in section 53.19, subsection 3, or complete the affidavit in 21 person at the office of the commissioner not later than noon on 22 the Monday following the election, or if the law authorizing 23 the election specifies that the votes be canvassed earlier than 24 the Monday following the election, before the canvass of the 25 election. 26 (2) If the affidavit appears to have been signed by someone 27 other than the registered voter, the commissioner shall, within 28 twenty-four hours of the receipt of the envelope, notify the 29 voter of the deficiency and inform the voter that the voter may 30 vote a replacement ballot as provided in subsection 3, cast a 31 ballot as provided in section 53.19, subsection 3, or complete 32 the affidavit in person at the office of the commissioner by 33 providing proof of identity as provided in section 49.78 not 34 later than noon on the Monday following the election, or if 35 -33- LSB 2230SV (1) 88 ss/jh 33/ 59
S.F. 575 the law authorizing the election specifies that the votes be 1 canvassed earlier than the Monday following the election, 2 before the canvass of the election. 3 b. If the commissioner receives the return envelope 4 containing the completed absentee ballot after the deadline 5 in paragraph “a” , the commissioner shall submit the affidavit 6 to the absentee and special voters precinct board for review. 7 If the absentee and special voters precinct determines that 8 the affidavit is incomplete, the commissioner shall, within 9 twenty-four hours of the determination, notify the voter. 10 (1) If the affidavit lacks the signature of the registered 11 voter, the commissioner shall notify the voter that the voter 12 may complete the affidavit in person at the office of the 13 commissioner not later than noon on the Monday following the 14 election, or if the law authorizing the election specifies that 15 the votes be canvassed earlier than the Monday following the 16 election, before the canvass of the election. 17 (2) If the affidavit appears to have been signed by someone 18 other than the registered voter, the commissioner shall 19 notify the voter that the voter may complete the affidavit in 20 person at the office of the commissioner by providing proof of 21 identity as provided in section 49.78 not later than noon on 22 the Monday following the election, or if the law authorizing 23 the election specifies that the votes be canvassed earlier than 24 the Monday following the election, before the canvass of the 25 election. 26 Sec. 87. Section 53.18, Code 2019, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 04. For the purposes of this section, a 29 return envelope marked with the affidavit shall be considered 30 incomplete if it lacks the registered voter’s signature or it 31 appears to the commissioner that the signature on the envelope 32 has been signed by someone other than the registered voter, 33 in comparing the signature on the envelope to the signature 34 on record of the registered voter named on the envelope. A 35 -34- LSB 2230SV (1) 88 ss/jh 34/ 59
S.F. 575 signature or marking made in accordance with section 39.3, 1 subsection 17, shall cause an affidavit to be considered 2 incomplete. 3 Sec. 88. Section 53.22, subsection 6, paragraph b, Code 4 2019, is amended to read as follows: 5 b. Absentee ballots voted under this subsection shall be 6 delivered to the commissioner no later than the time the polls 7 are closed on election day. If the ballot is returned by mail 8 the return envelope must be received by the time the polls 9 close , or be clearly postmarked by an officially authorized 10 postal service or bear an intelligent mail barcode traceable 11 to a date of entry into the federal mail system not later than 12 the day before the election and received by the commissioner no 13 later than the time established for the canvass by the board of 14 supervisors for that election . 15 Sec. 89. Section 58.1, Code 2019, is amended to read as 16 follows: 17 58.1 Notice —— grounds. 18 The contestant for the office of governor shall, within 19 thirty fourteen days after the proclamation of the result of 20 the election, deliver to the presiding officer of each house 21 of the general assembly a notice of intent to contest, and a 22 specification of the grounds of such contest, as provided in 23 chapter 62 . 24 Sec. 90. Section 58.4, subsections 1 and 2, Code 2019, are 25 amended to read as follows: 26 1. The names of members of each house, except the presiding 27 officer and the majority and minority leaders , written on 28 similar paper tickets, shall be placed in a box, the names of 29 the senators in their presence by their secretary, and the 30 names of the representatives in their presence by their clerk. 31 2. The secretary of the senate in the presence of the 32 senate, and the clerk of the house of representatives in 33 the presence of the house, shall draw from their respective 34 boxes the names of seven five members each. The majority and 35 -35- LSB 2230SV (1) 88 ss/jh 35/ 59
S.F. 575 minority leaders of each house shall also serve on the contest 1 court. 2 Sec. 91. NEW SECTION . 68A.507 Deceptive names prohibited. 3 No person shall place on any published material, as defined 4 in section 68A.405, a name or abbreviation of a name intended 5 to cause a voter to believe that the person represents a 6 political party or nonparty political organization of which the 7 person is not a candidate. 8 Sec. 92. Section 69.9, Code 2019, is amended to read as 9 follows: 10 69.9 Person removed not eligible. 11 No person can be appointed to fill a vacancy who has been 12 removed from office within one year next preceding . 13 Sec. 93. Section 69.14, Code 2019, is amended to read as 14 follows: 15 69.14 Special election to fill vacancies. 16 1. A special election to fill a vacancy shall be held for a 17 representative in Congress, when Congress is in session or will 18 convene prior to the next general election, or for a senator or 19 representative in the general assembly, when the body in which 20 such vacancy exists is in session, or the general assembly will 21 convene prior to the next general election, and the governor 22 shall order, not later than five days from the date the vacancy 23 exists, a special election, giving not less than forty days’ 24 notice of such election. 25 2. In the event the special election is to fill a vacancy 26 in the general assembly while it is in session or within 27 forty-five days of the convening of any session, the time limit 28 provided in this section shall not apply and the governor 29 shall order such , not later than five days after the day the 30 vacancy occurs, a special election at the earliest practical 31 time , giving at least eighteen twenty-one, but no more than 32 forty-two, days’ notice of the special election. Any special 33 election called under this section must be held on a Tuesday 34 and shall not be held on the same day as a school election 35 -36- LSB 2230SV (1) 88 ss/jh 36/ 59
S.F. 575 within the district. 1 Sec. 94. Section 445.5, subsection 1, Code 2019, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . i. Until November 7, 2023, the hours during 4 which polling places are open on election days. This paragraph 5 is repealed effective July 1, 2024. 6 DIVISION IX 7 CONFLICTS OF INTEREST 8 Sec. 95. Section 314.2, Code 2019, is amended by striking 9 the section and inserting in lieu thereof the following: 10 314.2 Conflicts of interest. 11 A state or county official who is a voting member of a 12 governmental entity responsible for awarding a contract 13 pursuant to section 314.1 and is the apparent low bidder for 14 the contract shall not participate in a vote to award the 15 contract and shall include an explanation of the official’s 16 conflict in the resolution entered pursuant to section 26.12. 17 Sec. 96. EFFECTIVE DATE. This division of this Act takes 18 effect March 18, 2021. 19 DIVISION X 20 VOTER REGISTRATION 21 Sec. 97. Section 47.7, Code 2019, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 3. The state registrar of voters shall 24 develop a form to be distributed pursuant to section 262.9, 25 subsection 39, indicating whether a graduating student will 26 reside outside Iowa, reside within Iowa and optionally, at 27 what address, or move outside Iowa but vote in Iowa pursuant 28 to chapter 53, subchapter II. The state registrar of voters 29 shall remove from the statewide voter registration system any 30 graduating student indicating that the student will reside 31 outside Iowa after graduation, unless the student will vote in 32 Iowa pursuant to chapter 53, subchapter II, and shall update 33 the registration information of any student indicating a change 34 of address within the state. 35 -37- LSB 2230SV (1) 88 ss/jh 37/ 59
S.F. 575 NEW SUBSECTION . 4. The state registrar of voters shall use 1 information from the electronic registration information center 2 to update information in the statewide voter registration 3 system, including but not limited to the following reports: 4 a. In-state duplicates. 5 b. In-state updates. 6 c. Cross-state matches. 7 d. Deceased. 8 e. Eligible but unregistered. 9 f. National change of address. 10 Sec. 98. Section 48A.10A, subsection 1, Code 2019, is 11 amended to read as follows: 12 1. The state registrar shall compare lists of persons who 13 are registered to vote with the department of transportation’s 14 driver’s license and nonoperator’s identification card files 15 and shall, on an initial basis, issue a voter identification 16 card to each active, registered voter whose name does not 17 appear in the department of transportation’s files. The voter 18 identification card shall include the name of the registered 19 voter, a signature line above which the registered voter shall 20 sign the voter identification card, the registered voter’s 21 identification number assigned to the voter pursuant to section 22 47.7, subsection 2 , and an additional four-digit personal 23 identification number assigned by the state commissioner , and 24 the times during which polling places will be open on election 25 days . 26 Sec. 99. Section 48A.28, subsection 2, paragraph b, Code 27 2019, is amended to read as follows: 28 b. (1) A commissioner participating in the national change 29 of address program , in the first quarter of each calendar 30 year, shall , during the January immediately following each 31 presidential election, send a notice and preaddressed, postage 32 paid return card by forwardable mail to each registered voter 33 whose name was not reported by the national change of address 34 program and who has not voted in two or more consecutive 35 -38- LSB 2230SV (1) 88 ss/jh 38/ 59
S.F. 575 general elections failed to vote in a presidential election 1 and has not registered again , or who has not reported a change 2 to an existing registration, or who has not responded to a 3 notice from the commissioner or registrar during the period 4 between and following the previous two general elections and 5 shall make the voter registration record of the voter inactive . 6 The form and language of the notice and return card shall be 7 specified by the state voter registration commission by rule. 8 A registered voter shall not be sent a notice and return card 9 under this subsection more frequently than once in a four-year 10 period. 11 (2) The commissioner shall send a notice to each registered 12 voter who does not respond to a notice sent pursuant to 13 subparagraph (1) during the April immediately following the 14 presidential election. The form and language of the notice 15 shall be specified by the state voter registration commission 16 by rule. 17 Sec. 100. Section 48A.29, subsection 1, unnumbered 18 paragraph 1, Code 2019, is amended to read as follows: 19 If a confirmation notice and return card sent pursuant to 20 section 48A.28 , subsection 3, is returned as undeliverable by 21 the United States postal service, the commissioner shall make 22 the registration record inactive and shall mail a notice to the 23 registered voter at the registered voter’s most recent mailing 24 address, as shown by the registration records. 25 Sec. 101. Section 48A.30, subsection 1, Code 2019, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . h. The registered voter has not responded to 28 a notice sent pursuant to section 48A.28, subsection 2, by July 29 1 following the presidential election. 30 Sec. 102. Section 48A.38, subsection 1, unnumbered 31 paragraph 1, Code 2019, is amended to read as follows: 32 Any person may request of the registrar and shall receive, 33 upon payment of the cost of preparation two hundred fifty 34 dollars , a list of registered voters and other data on 35 -39- LSB 2230SV (1) 88 ss/jh 39/ 59
S.F. 575 registration and participation in elections, in accordance with 1 the following requirements and limitations: 2 Sec. 103. NEW SECTION . 48A.39A Voter list maintenance 3 reports. 4 1. The commissioner of registration shall annually 5 submit to the state registrar of voters a report regarding 6 the number of voter registration records marked inactive or 7 canceled pursuant to sections 48A.28 through 48A.30. The state 8 registrar of voters shall publish such reports on the internet 9 site of the state registrar of voters. 10 2. The state registrar of voters shall determine by rule the 11 form and submission deadline of reports submitted pursuant to 12 subsection 1. 13 Sec. 104. Section 262.9, Code 2019, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 39. Direct the institutions of higher 16 education under its control to require each graduating student 17 to complete a form created by the state registrar of voters 18 pursuant to section 47.7 indicating whether the student intends 19 to reside outside Iowa, remain within Iowa, or move outside 20 Iowa but continue to vote within Iowa pursuant to chapter 53, 21 subchapter II. The board shall direct each institution to 22 promptly return the completed forms to the state registrar of 23 voters. 24 DIVISION XI 25 BALLOT ORDER 26 Sec. 105. Section 49.31, subsection 1, paragraph b, Code 27 2019, is amended to read as follows: 28 b. (1) The commissioner shall determine the order of 29 political parties and nonparty political organizations 30 candidates on the ballot as provided in this paragraph . The 31 sequence order shall be the same for each office on the ballot 32 and for each precinct in the county voting in the election. 33 (2) The state commissioner shall compile a list of each 34 county in the state in alphabetical order and assign a number 35 -40- LSB 2230SV (1) 88 ss/jh 40/ 59
S.F. 575 to each county such that the first county listed is number 1 one, the second county listed is number two, and continuing 2 in descending order in the same manner. The commissioner 3 shall put in alphabetical order the top two political parties 4 receiving the highest votes from the most recent election. 5 (3) The commissioner of each county assigned an even number 6 pursuant to subparagraph (2) shall arrange the ballot as 7 follows: 8 (a) The candidates of the first political party by 9 alphabetical order pursuant to subparagraph (2) shall appear 10 first on the ballot for the first general election at which the 11 president of the United States is to be elected following the 12 effective date of this Act and second on the ballot for the 13 first general election at which the governor will be elected 14 following the effective date of this Act and second on the 15 ballot for the second general election at which the president 16 of the United States is to be elected following the effective 17 date of this Act and first on the ballot for the second general 18 election at which the governor will be elected following the 19 effective date of this Act, and thereafter alternating with the 20 candidates of the second political party by alphabetical order 21 pursuant to subparagraph (2). 22 (b) The candidates of the second political party by 23 alphabetical order pursuant to subparagraph (2) shall appear 24 second on the ballot for the first general election at which 25 the president of the United States is to be elected following 26 the effective date of this Act and first on the ballot for 27 the first general election at which the governor will be 28 elected following the effective date of this Act and first 29 on the ballot for the second general election at which the 30 president of the United States is to be elected following the 31 effective date of this Act and second on the ballot for the 32 second general election at which the governor will be elected 33 following the effective date of this Act, and thereafter 34 alternating with the candidates of the first political party by 35 -41- LSB 2230SV (1) 88 ss/jh 41/ 59
S.F. 575 alphabetical order pursuant to subparagraph (2). 1 (4) The commissioner of each county assigned an odd number 2 pursuant to subparagraph (2) shall arrange the ballot as 3 follows: 4 (a) The candidates of the second political party by 5 alphabetical order pursuant to subparagraph (2) shall appear 6 first on the ballot for the first general election at which the 7 president of the United States is to be elected following the 8 effective date of this Act and second on the ballot for the 9 first general election at which the governor will be elected 10 following the effective date of this Act and second on the 11 ballot for the second general election at which the president 12 of the United States is to be elected following the effective 13 date of this Act and first on the ballot for the second general 14 election at which the governor will be elected following the 15 effective date of this Act, and thereafter alternating with the 16 candidates of the first political party by alphabetical order 17 pursuant to subparagraph (2). 18 (b) The candidates of the first political party by 19 alphabetical order pursuant to subparagraph (2) shall appear 20 second on the ballot for the first general election at which 21 the president of the United States is to be elected following 22 the effective date of this Act and first on the ballot for 23 the first general election at which the governor will be 24 elected following the effective date of this Act and first 25 on the ballot for the second general election at which the 26 president of the United States is to be elected following the 27 effective date of this Act and second on the ballot for the 28 second general election at which the governor will be elected 29 following the effective date of this Act, and thereafter 30 alternating with the candidates of the second political party 31 by alphabetical order pursuant to subparagraph (2). 32 (c) The commissioner shall determine the order of 33 candidates of nonparty political organizations on the ballot. 34 The order shall be the same for each office on the ballot and 35 -42- LSB 2230SV (1) 88 ss/jh 42/ 59
S.F. 575 for each precinct in the county voting in the election. 1 Sec. 106. Section 49.31, subsection 2, paragraph b, Code 2 2019, is amended to read as follows: 3 b. The Notwithstanding any provision of subsection 1, 4 paragraph “b” , to the contrary, the commissioner shall then 5 arrange the surnames of each political party’s candidates for 6 each office to which two or more persons are to be elected at 7 large alphabetically for the respective offices for the first 8 precinct on the list; thereafter, for each political party and 9 for each succeeding precinct, the names appearing first for 10 the respective offices in the last preceding precinct shall 11 be placed last, so that the names that were second before the 12 change shall be first after the change. The commissioner may 13 also rotate the names of candidates of a political party in the 14 reverse order of that provided in this subsection or alternate 15 the rotation so that the candidates of different parties shall 16 not be paired as they proceed through the rotation. The 17 procedure for arrangement of names on ballots provided in this 18 section shall likewise be substantially followed in elections 19 in political subdivisions of less than a county. 20 DIVISION XII 21 MUNICIPAL ELECTIONS 22 Sec. 107. Section 44.9, subsection 3, Code 2019, is amended 23 to read as follows: 24 3. In the office of the proper school board secretary, at 25 least thirty-five forty-two days before the day of a regularly 26 scheduled school election. 27 Sec. 108. Section 50.48, subsection 7, Code 2019, is amended 28 to read as follows: 29 7. If the election is an election held by a city which 30 is not the final election for the office in question a city 31 primary election held pursuant to section 376.7 , the recount 32 shall progress according to the times provided by this 33 subsection . If this subsection applies the canvass shall be 34 held by the second day after the election, the request for 35 -43- LSB 2230SV (1) 88 ss/jh 43/ 59
S.F. 575 a recount must be made by the third day after the election, 1 the board shall convene to conduct the recount by the sixth 2 day after the election, and the report shall be filed by the 3 eleventh eighth day after the election. 4 Sec. 109. Section 50.48, Code 2019, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 8. When a city council has chosen a runoff 7 election pursuant to section 376.9, the recount shall progress 8 according to the times provided by this subsection. If this 9 subsection applies, the canvass shall be conducted pursuant 10 to section 50.24. The request for a recount must be made 11 by the day after the canvass, and the board shall convene 12 for the first time not later than the first Friday following 13 the canvass. The report shall be filed not later than the 14 fourteenth day after the election. 15 Sec. 110. Section 260C.12, subsection 1, as amended by 16 2017 Iowa Acts, chapter 155, section 2, is amended to read as 17 follows: 18 1. The board of directors of the merged area shall organize 19 at the first regular meeting following the regular school 20 election or at a special meeting called by the secretary of the 21 board to organize the board in advance of the first regular 22 meeting following the regular school election after the canvass 23 for the regular school election . Organization of the board 24 shall be effected by the election of a president and other 25 officers from the board membership as board members determine. 26 The board of directors shall appoint a secretary and a 27 treasurer who shall each give bond as prescribed in section 28 291.2 and who shall each receive the salary determined by the 29 board. The secretary and treasurer shall perform duties under 30 chapter 291 and additional duties the board of directors deems 31 necessary. However, the board may appoint one person to serve 32 as the secretary and treasurer. If one person serves as the 33 secretary and treasurer, only one bond is necessary for that 34 person. The frequency of meetings other than organizational 35 -44- LSB 2230SV (1) 88 ss/jh 44/ 59
S.F. 575 meetings shall be as determined by the board of directors but 1 the president or a majority of the members may call a special 2 meeting at any time. 3 Sec. 111. Section 260C.15, subsection 5, as amended by 4 2017 Iowa Acts, chapter 155, section 4, is amended to read as 5 follows: 6 5. The votes cast in the election shall be canvassed and 7 abstracts of the votes cast shall be certified as required by 8 section 277.20 . In each county whose commissioner of elections 9 is responsible under section 47.2 for conducting elections 10 held for a merged area, the county board of supervisors shall 11 convene on the last Monday in November or at the last regular 12 board meeting in November, on the second Monday or Tuesday 13 after the day of the election to canvass the abstracts of votes 14 cast and declare the results of the voting. The commissioner 15 shall at once issue certificates of election to each person 16 declared elected, and shall certify to the merged area board in 17 substantially the manner prescribed by section 50.27 the result 18 of the voting on any public question submitted to the voters 19 of the merged area. Members elected to the board of directors 20 of a merged area shall qualify by taking the oath of office 21 prescribed in section 277.28 . 22 Sec. 112. Section 277.4, subsection 3, Code 2019, is amended 23 to read as follows: 24 3. The secretary of the school board shall accept the 25 petition for filing if on its face it appears to have the 26 requisite number of signatures and if it is timely filed. The 27 secretary of the school board shall note upon each petition 28 and affidavit accepted for filing the date and time that the 29 petition was filed. The secretary of the school board shall 30 deliver all nomination petitions, together with the complete 31 text of any public measure being submitted by the board to the 32 electorate, to the county commissioner of elections on the day 33 following the last day on which nomination petitions can be 34 filed, and not later than 5:00 p.m. 12:00 noon on that day. 35 -45- LSB 2230SV (1) 88 ss/jh 45/ 59
S.F. 575 Sec. 113. Section 279.1, subsection 1, Code 2019, is amended 1 to read as follows: 2 1. The board of directors of each school corporation shall 3 meet and organize at the first regular meeting or at a special 4 meeting called by the secretary of the board to organize the 5 board in advance of the first regular meeting after the canvass 6 for the regular school election at some suitable place to be 7 designated by the secretary. Notice of the place and hour of 8 the meeting shall be given by the secretary to each member and 9 member-elect of the board. 10 Sec. 114. Section 279.7, subsection 3, Code 2019, is amended 11 to read as follows: 12 3. In the case of a special election as provided in this 13 section to fill a vacancy occurring among the elective officers 14 or members of a school board before the expiration of a full 15 term, the person so elected shall qualify within ten days 16 thereafter from the final canvass of the election by the county 17 board in the manner required by section 277.28 and shall hold 18 office for the residue of the unexpired term and until a 19 successor is elected, or appointed, and qualified. 20 Sec. 115. Section 376.5, Code 2019, is amended to read as 21 follows: 22 376.5 Publication of ballot. 23 Notice containing a copy of the ballot for each regular, 24 special, primary, or runoff city election must be published by 25 the county commissioner of elections as provided in section 26 362.3 , except that notice of a regular, primary, or runoff 27 election may be published not less than four days before the 28 date of the election. The published ballot notice must contain 29 the names of all candidates, and may not contain any party 30 designations. The published ballot notice must contain any 31 question to be submitted to the voters. 32 Sec. 116. Section 376.7, Code 2019, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 3. If the city holding a primary 35 -46- LSB 2230SV (1) 88 ss/jh 46/ 59
S.F. 575 election is located in more than one county, the controlling 1 commissioner for that city under section 47.2, subsection 2 2, shall conduct a second canvass on the first Monday or 3 Tuesday after the day of the election. However, if a recount 4 is requested pursuant to section 50.48, the controlling 5 commissioner shall conduct the second canvass within two 6 business days after the conclusion of the recount proceeding. 7 Each commissioner conducting a canvass for the city pursuant 8 to section 50.24, subsection 1, shall transmit abstracts for 9 the offices of that city to the controlling commissioner for 10 that city, along with individual tallies for each write-in 11 candidate. At the second canvass, the county board of 12 supervisors of the county of the controlling commissioner shall 13 canvass the abstracts received pursuant to this subsection and 14 shall prepare a combined city abstract stating the number of 15 votes cast in the city for each office. The combined city 16 abstract shall further indicate the name of each person who 17 received votes for each office on the ballot, and the number of 18 votes each person received for that office. The votes of all 19 write-in candidates who each received less than five percent 20 of the total votes cast in the city for an office shall be 21 reported collectively under the heading “scattering”. 22 Sec. 117. Section 376.9, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. A runoff election may be held only for positions unfilled 25 because of failure of a sufficient number of candidates to 26 receive a majority vote in the regular city election. When a 27 council has chosen a runoff election in lieu of a primary, the 28 county board of supervisors shall publicly canvass the tally 29 lists of the vote cast in the regular city election, following 30 the procedures prescribed in section 50.24 , at a meeting to be 31 held on the second day following the regular city election, and 32 beginning no earlier than 1:00 p.m. on that day . Candidates 33 who do not receive a majority of the votes cast for an office, 34 but who receive the highest number of votes cast for that 35 -47- LSB 2230SV (1) 88 ss/jh 47/ 59
S.F. 575 office in the regular city election, to the extent of twice 1 the number of unfilled positions, are candidates in the runoff 2 election. 3 Sec. 118. 2017 Iowa Acts, chapter 155, section 45, is 4 amended to read as follows: 5 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 6 1. Notwithstanding the provisions of section 260C.11 7 designating a term of four years for members of a board of 8 directors of a merged area, the term of office for a seat on a 9 board of directors filled at the regular school election held 10 on: 11 a. September 8, 2015, shall expire November 5, 2019 upon 12 the board’s organizational meeting held pursuant to section 13 260C.12, subsection 1 . 14 b. September 12, 2017, shall expire November 2, 2021 upon 15 the board’s organizational meeting held pursuant to section 16 260C.12, subsection 1 . 17 2. Notwithstanding the provisions of section 273.8, 18 subsection 1 , designating a term of four years for members of 19 a board of directors of an area education agency, the term of 20 office for a seat on a board of directors filled by election 21 in: 22 a. September 2015 shall expire November 30, 2019. 23 b. September 2017 shall expire November 30, 2021. 24 3. Notwithstanding the provisions of section 274.7 25 designating a term of four years for members of a board of 26 directors of a school district, the term of office for a seat 27 on a board of directors filled at the regular school election 28 held on: 29 a. September 8, 2015, shall expire November 5, 2019 upon the 30 board’s organizational meeting held pursuant to section 279.1 . 31 b. September 12, 2017, shall expire November 2, 2021 upon 32 the board’s organizational meeting held pursuant to section 33 279.1 . 34 EXPLANATION 35 -48- LSB 2230SV (1) 88 ss/jh 48/ 59
S.F. 575 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the conduct of elections. 3 DIVISION I —— PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA 4 CONSTITUTION. This division of the bill relates to proposed 5 amendments to the Iowa Constitution. The bill requires the 6 legislative services agency to publish on its internet site a 7 list of all propositions to amend the Constitution as they are 8 filed. The bill also requires the