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

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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: Committee Bill

Status: (Introduced - Dead) 2020-01-15 - Subcommittee: R. Smith, Chapman, and Jochum. S.J. 87. [SF575 Detail]

Download: Iowa-2019-SF575-Introduced.html

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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,
providing penalties, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION
Section 1. Section 49.43, subsection 2, Code 2019, is
amended to read as follows:
2. Constitutional amendments and other public measures may
shall be summarized by the commissioner as provided in sections
49.44 and 52.25 .
Sec. 2. Section 49.44, subsection 1, Code 2019, is amended
to read as follows:
1. When a proposed constitutional amendment or other public
measure to be decided by the voters of the entire state is to
be voted upon, the state commissioner shall prepare a written
summary of the amendment or measure including the number of
the amendment or statewide public measure assigned by the
state commissioner. The summary shall be printed immediately
preceding the text of the proposed amendment or measure on the
paper ballot or optical scan ballot referred to in section
49.43 . If the complete text of the proposed amendment or
public measure will not fit on the ballot it shall be posted
inside the voting booth. A copy of the full text shall be
included with any absentee ballots.
Sec. 3. Section 49A.1, Code 2019, is amended to read as
follows:
49A.1 Publication of proposed amendment.
1. Whenever any proposition to amend the Constitution has
passed the general assembly and been referred to the next
succeeding legislature, the state commissioner of elections
shall endeavor to cause the same to be published, once each
month, in two newspapers of general circulation in each
congressional district in the state, for the time required by
the Constitution.
2. a. The legislative services agency shall maintain on
the internet site of the agency a list of all propositions
to amend the Constitution as they are filed for each general
assembly commencing on or after the effective date of this Act.
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Such lists shall include links to the text of the proposed
amendments.
b. The legislative services agency shall maintain on the
internet site of the agency separate lists for propositions to
amend the Constitution that have been passed by one general
assembly and by two consecutive general assemblies. Such lists
shall include links to the text of the proposed amendments and
shall be updated no later than one week after the conclusion of
each session of the general assembly. A proposition to amend
the Constitution published consistent with this paragraph shall
be considered published as required by the Constitution.
Sec. 4. REPEAL. Sections 49A.10 and 49A.11, Code 2019, are
repealed.
DIVISION II
ISSUANCE OF BONDS
Sec. 5. Section 49.45, Code 2019, is amended to read as
follows:
49.45 General form of ballot.
1. Ballots referred to in section 49.43 shall be
substantially in the following form:
Shall the following amendment to the Constitution (or public
measure) be adopted?
☐ Yes
☐ No
(Here insert the summary, if it is for a constitutional
amendment or statewide public measure, and in full the proposed
constitutional amendment or public measure. The number
assigned by the state commissioner or the letter assigned
by the county commissioner shall be included on the ballot
centered above the question, “Shall the following amendment to
the Constitution [or public measure] be adopted?”.)
2. A public measure to approve the issuance of a bond
pursuant to chapter 75 or 296 shall include on the ballot the
current property tax levy, which shall immediately follow
the proposed levy, and the term of the bond. Such a public
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measure shall also include on the ballot the average increase
or decrease in cost of an average home in each county, as well
as the average of such averages, according to data provided by
the United States census bureau.
DIVISION III
SELF-PROMOTION WITH TAXPAYER FUNDS
Sec. 6. Section 68A.405A, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 3. For the purposes of this section,
“direct mass mailing” means a mailing, regardless of whether
the mailing was sent in response to a request or due to the
recipient’s enrollment in a program, the purpose of which is to
attract public attention to a person, policy, product, service,
program, initiative, law, legislation, event, or activity
promoted by the statewide elected official that is all of the
following:
a. Printed material delivered by the United States mail or
other delivery service.
b. Sent to more than two hundred physical addresses.
c. Substantially similar or identical as regards each
mailing.
d. Sent at the same time or within a thirty-day period.
DIVISION IV
HOSPITAL BOARD OF TRUSTEES ELECTIONS
Sec. 7. Section 347.9, subsection 1, Code 2019, is amended
to read as follows:
1. When it has been determined by the voters of a county
to establish a county public hospital, the board shall appoint
five or seven trustees chosen from among the resident citizens
of the county with reference to their fitness for office.
The appointed trustees shall hold office until the following
general election, at which time their successors shall be
elected, three for a term of four years and the remainder
for a term of two years, and they shall determine by lot
their respective terms, and thereafter their successors shall
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be elected for regular terms of four years each , except as
provided in subsection 3 .
Sec. 8. Section 347.9, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. Trustees in a county with a population
of at least four hundred thousand shall serve for a term of six
years. A trustee elected to a term of four years in or after
January 2018 shall instead serve a term of six years.
Sec. 9. Section 347.10, Code 2019, is amended to read as
follows:
347.10 Vacancies.
Vacancies on the board of trustees may , until the next
general election, be filled by appointment by the remaining
members of the board of trustees or, if fewer than a
majority of the trustees remain on the board, by the board of
supervisors for the period until the vacancies are filled by
election. An appointment made under this section shall be for
the unexpired balance of the term of the preceding trustee. If
a board member is absent for four consecutive regular board
meetings, without prior excuse, or fails to comply with more
stringent attendance requirements for regular board meetings
included in the bylaws governing the board, the member’s
position shall be declared vacant and filled as set out in this
section .
Sec. 10. HOSPITAL BOARD OF TRUSTEES ELECTIONS.
Notwithstanding section 347.9, for elections held pursuant to
section 347.9 in 2022 in which more than seventy percent of
trustee positions on a board are on the ballot:
1. If there are seven trustees on the board:
a. If six trustees are to be elected, the four elected who
receive the highest number of votes are elected for four-year
terms. The remainder are elected for two-year terms. In case
of a tie, the county auditor shall determine by lot which of
the trustees with the lowest number of winning votes shall
serve two-year terms and thereafter their successors shall be
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elected for regular terms as provided in section 347.9.
b. If five trustees are to be elected, the four elected who
receive the highest number of votes are elected for four-year
terms. The remaining trustee is elected for a two-year term.
In case of a tie, the county auditor shall determine by lot
which of the trustees with the lowest number of winning votes
shall serve the two-year term and thereafter their successors
shall be elected for regular terms as provided in section
347.9.
2. If there are five trustees on the board, if four trustees
are to be elected, the three elected who receive the highest
number of votes are elected for four-year terms. The remaining
trustee is elected for a two-year term. In case of a tie, the
county auditor shall determine by lot which of the trustees
with the lowest number of winning votes shall serve the
two-year term and thereafter their successors shall be elected
for regular terms as provided in section 347.9.
DIVISION V
TECHNICAL CHANGES
Sec. 11. Section 39A.3, subsection 1, paragraph a, Code
2019, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (5) Falsely or fraudulently signs
nomination papers on behalf of another person.
Sec. 12. Section 39A.3, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter
registration information, including resale or redistribution
of the voter registration list without written permission of
the state registrar, for purposes other than those permitted
by section 48A.39.
Sec. 13. Section 39A.4, subsection 1, paragraph c,
subparagraph (5), Code 2019, is amended by striking the
subparagraph.
Sec. 14. Section 39A.6, Code 2019, is amended to read as
follows:
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39A.6 Technical infractions —— notice.
1. If the state commissioner or county commissioner becomes
aware of an apparent technical violation of a provision of
chapters 39 through 53 , the state commissioner or county
commissioner may administratively provide a written notice
and letter of instruction to the responsible person regarding
proper compliance procedures.
2. If the state commissioner sends a notice of such a
technical infraction to a county commissioner, the state
commissioner may require a written explanation of the
occurrence, and measures that the person took to redress the
issues contained within the notice.
3. This notice is not a final determination of facts or law
in the matter, and does not entitle a person to a proceeding
under chapter 17A .
Sec. 15. Section 43.14, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . g. The printed name, signature, address,
and phone number of the person responsible for circulating the
petition page. The petition page shall clearly indicate that a
candidate circulating the page shall provide the information
required by this paragraph.
Sec. 16. Section 43.14, subsection 2, Code 2019, is amended
to read as follows:
2. a. Signatures on a petition page shall be counted only
if the information required in subsection 1 is written or
printed at the top of the page.
b. Nomination papers on behalf of candidates for seats in
the general assembly need only designate the number of the
senatorial or representative district, as appropriate, and
not the county or counties, in which the candidate and the
petitioners reside.
c. A signature line shall not be counted if the line
lacks the signature of the eligible elector and the signer’s
residential address , with street and number, if any, and city.
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A signature line shall not be counted if an eligible elector
supplies only a partial address or a post office box address,
or if the signer’s address is obviously outside the boundaries
of the district.
d. A signature line shall not be counted if any of the
required information is crossed out or redacted at the time
the nomination papers are filed with the state commissioner or
commissioner.
Sec. 17. Section 43.14, subsection 4, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . f. Any other information required by section
43.18.
Sec. 18. Section 43.15, subsection 2, Code 2019, is amended
to read as follows:
2. Each signer shall add the signer’s residence residential
address , with street and number, if any, and the date of
signing.
Sec. 19. Section 43.22, unnumbered paragraph 1, Code 2019,
is amended to read as follows:
The state commissioner shall, at least sixty-nine days
before a primary election, or as soon as practicable if an
objection under section 43.24 is pending, furnish to the
commissioner of each county a certificate under the state
commissioner’s hand and seal, which certificate shall show:
Sec. 20. Section 43.24, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2019, are amended to read as
follows:
(1) Those filed with the state commissioner, not less than
seventy-four days before the date of the election , or for
certificates of nomination filed under section 43.23, not less
than seventy days before the date of the election .
(2) Those filed with the commissioner, not less than
sixty-four days before the date of the election , or for
certificates of nomination filed under section 43.23, not less
than sixty-two days before the date of the election .
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Sec. 21. Section 45.5, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . f. The printed name, signature, address,
and phone number of the person responsible for circulating the
petition page.
Sec. 22. Section 45.5, subsection 2, Code 2019, is amended
to read as follows:
2. a. Signatures on a petition page shall be counted only
if the information required in subsection 1 is written or
printed at the top of the page.
b. Nomination papers on behalf of candidates for seats in
the general assembly need only designate the number of the
senatorial or representative district, as appropriate, and
not the county or counties, in which the candidate and the
petitioners reside.
c. A signature line in a nomination petition shall not be
counted if the line lacks the signature of the eligible elector
and the signer’s residential address , with street and number,
if any, and city. A signature line shall not be counted if
an eligible elector supplies only a partial address or a post
office box address, or if the signer’s address is obviously
outside the boundaries of the appropriate ward, city, school
district or school district director district, legislative
district, or other district.
d. A signature line shall not be counted if any of the
required information is crossed out or redacted at the time
the nomination papers are filed with the state commissioner or
commissioner.
Sec. 23. Section 45.6, subsection 2, Code 2019, is amended
to read as follows:
2. Each signer shall add the signer’s residence residential
address , with street and number , if any, and city .
Sec. 24. Section 47.1, subsection 6, Code 2019, is amended
to read as follows:
6. The state commissioner may, at the state commissioner’s
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discretion, examine the records of a commissioner to evaluate
complaints and to ensure compliance with the provisions
of chapters 39 through 53 . This examination shall include
assessments conducted or authorized by private or government
entities to evaluate a county’s security readiness for
elections-related technology or physical facilities. The state
commissioner shall adopt rules pursuant to chapter 17A to
require a commissioner to provide written explanations related
to examinations conducted pursuant to this subsection . Any
information that is requested by or in the possession of the
state commissioner pursuant to this chapter shall not lose its
confidential status pursuant to section 22.7, subsection 50.
Sec. 25. Section 47.1, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 7. The state commissioner may share
information a county provides to an appropriate government
agency to safeguard against cybersecurity or physical threats.
NEW SUBSECTION . 8. The state commissioner may adopt rules
pursuant to chapter 17A to create minimum security protocols
applicable to county commissioners of elections. If a county
fails to adhere to these protocols, the state commissioner may
limit access to the statewide voter registration system.
Sec. 26. Section 47.2, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. The county commissioner of elections
shall, to maintain election security, do all of the following:
a. When the county commissioner believes that a
cybersecurity incident or data breach has occurred, the county
commissioner shall immediately inform the state commissioner
of elections.
b. If the county commissioner has no reason to believe
that a cybersecurity incident or data breach has occurred,
the county commissioner shall certify that fact to the state
commissioner on an annual basis.
Sec. 27. Section 47.7, subsection 2, paragraph d, Code 2019,
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is amended to read as follows:
d. The state registrar shall prescribe by rule the
procedures for access to the state voter registration file,
security requirements, and access protocols for adding,
changing, or deleting information from the state voter
registration file including all of the following:
(1) Access protocols for adding, changing, or deleting
information from the state voter registration file.
(2) Training requirements for all state voter registration
file users.
(3) Technology safeguards, including county information
technology network requirements, necessary to access the state
voter registration file.
(4) Breach incident response requirements and protocols on
all matters related to elections .
Sec. 28. Section 47.7, subsection 2, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. The state registrar may rescind access to
the statewide voter registration file from a user who is not in
compliance with the prescribed rules.
Sec. 29. Section 48A.9, subsection 4, Code 2019, is amended
to read as follows:
4. Registration forms submitted to voter registration
agencies, to motor vehicle driver’s license stations, and to
county treasurer’s offices participating in county issuance of
driver’s licenses under chapter 321M shall be considered on
time if they are received no later than 5:00 11:59 p.m. on the
day registration closes for that election. Offices or agencies
other than the county commissioner’s office are not required
to be open for voter registration purposes at times other than
their usual office hours.
Sec. 30. Section 48A.26, subsection 1, Code 2019, is amended
to read as follows:
1. a. Except as otherwise provided in paragraph paragraphs
“b” and “c” of this subsection , or section 48A.26A, within seven
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working days of receipt of a voter registration form or change
of information in a voter registration record the commissioner
shall send an acknowledgment to the registrant at the mailing
address shown on the registration form. The acknowledgment
shall be sent by nonforwardable mail.
b. For a voter registration form or change of information
in a voter registration record submitted at a precinct caucus,
the commissioner shall send an acknowledgment within forty-five
days of receipt of the form or change of information.
c. For a voter registration form or change of information in
a voter registration record submitted within fourteen days of a
regularly scheduled election, the commissioner shall send an
acknowledgment within forty-eight hours of receipt of the form
or change of information.
Sec. 31. Section 49.11, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. Notice of changes made pursuant to
subsection 3 shall be reported to the state commissioner at
least twenty-five days before the next election in which the
temporary precinct will be active, or, for elections held
pursuant to section 69.14 while the general assembly is in
session or within forty-five days of the convening of a session
of the general assembly, at least ten days before election day.
Sec. 32. Section 49.31, subsection 1, paragraph a, Code
2019, is amended to read as follows:
a. All ballots shall be arranged with the names of
candidates for each office listed below the office title.
For partisan elections the name of the political party or
organization which nominated each candidate shall be listed
after or below each candidate’s name. The state commissioner
may prescribe, and a county commissioner may use, uniform
abbreviations for political parties and organizations.
Sec. 33. Section 49.57, subsection 2, Code 2019, is amended
to read as follows:
2. After the name of each candidate for a partisan office
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the name of the candidate’s political party shall be printed
in at least six point type. The names of political parties
and nonparty political organizations may be abbreviated on
the remainder of the ballot if both the full name and the
abbreviation appear in the voter instruction area of the
ballot.
Sec. 34. Section 50.51, subsection 6, Code 2019, is amended
to read as follows:
6. The state commissioner shall adopt rules, pursuant
to chapter 17A , to implement this section , which may include
the establishment of pilot programs related to post-election
audits .
Sec. 35. NEW SECTION . 53.1A Rules.
The state commissioner shall adopt rules pursuant to chapter
17A for the implementation of this chapter.
Sec. 36. Section 53.8, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2019, is amended to read as
follows:
Upon receipt of an application for an absentee ballot
and immediately after the absentee ballots are printed,
but not more than twenty-nine days before the election, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3 . When the United States post office is closed
in observance of a federal holiday and is not delivering mail
on the twenty-ninth day before the election, the first day to
mail absentee ballots is the next business day on which mail
delivery is available. The absentee ballot shall be sent to
the registered voter by one of the following methods:
Sec. 37. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION VI
MISCELLANEOUS PROVISIONS
Sec. 38. Section 54.9, Code 2019, is amended to read as
follows:
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54.9 Compensation.
The electors shall each receive a compensation of
five dollars one-half of the federal general services
administration’s per diem rate for the relevant date and
location for every day’s attendance, and the same mileage as
members of the general assembly which shall be paid from funds
not otherwise appropriated from the general fund of the state.
Sec. 39. Section 68.9, subsection 1, Code 2019, is amended
to read as follows:
1. When an impeachment is presented, the senate shall, after
the hour of final adjournment of the legislature as soon as
practicable , be forthwith organized as a court of impeachment
for the trial thereof, at the capitol.
Sec. 40. Section 68.14, Code 2019, is amended to read as
follows:
68.14 Compensation —— fees —— payment.
The presiding officer and members of the senate, while
sitting as a court of impeachment, and the managers elected
by the house of representatives, shall receive the sum of
six dollars each per day be compensated the same as for a
special session of the general assembly, but shall receive
no additional compensation during a regular session of the
general assembly , and shall be reimbursed for mileage expense
in going from and returning to their places of residence by the
ordinary traveled routes; the secretary, sergeant at arms, and
all subordinate officers, clerks, and reporters, shall receive
such amount as shall be determined upon by a majority vote of
the members of such court. The same fees shall be allowed to
witnesses, to officers, and to other persons serving process or
orders, as are allowed for like services in criminal cases, but
no fees can be demanded in advance. The state treasurer shall,
upon the presentation of certificates signed by the presiding
officer and secretary of the senate, pay all of the foregoing
compensations and the expenses of the senate incurred under the
provisions of this chapter .
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DIVISION VII
NOMINATIONS BY PETITION
Sec. 41. Section 43.20, subsection 1, Code 2019, is amended
by striking the subsection and inserting in lieu thereof the
following:
1. Nomination papers shall be signed by eligible electors as
provided in section 45.1.
Sec. 42. Section 45.1, subsections 1, 2, 3, 4, 5, 6, 8, and
9, Code 2019, are amended to read as follows:
1. Nominations for candidates for president and vice
president, governor and lieutenant governor, and for other
statewide elected offices United States senator may be made by
nomination petitions signed by not less than one thousand five
hundred four thousand eligible electors residing in , including
at least two hundred eligible electors from not less than ten
counties of the state.
2. Nominations for candidates for a representative in
the United States house of representatives may be made by
nomination petitions signed by not less than the number of
eligible electors equal to the number of signatures required in
subsection 1 divided by the number of congressional districts.
Signers of the petition shall be eligible electors who are
residents of the congressional district two thousand eligible
electors who are residents of the congressional district,
including seventy-seven eligible electors from at least
one-half of the counties in the congressional district .
3. Nominations for candidates for the state senate may
be made by nomination petitions signed by not less than one
two hundred eligible electors who are residents of the senate
district.
4. Nominations for candidates for the state house of
representatives may be made by nomination petitions signed
by not less than fifty one hundred eligible electors who are
residents of the representative district.
5. Nominations for candidates for offices filled by the
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voters of a whole county may be made by nomination petitions
signed by at least two hundred eligible electors who are
residents of the county equal in number to at least one percent
of the number of registered voters in the county on July 1 in
the year preceding the year in which the office will appear on
the ballot, or by at least two hundred fifty eligible electors
who are residents of the county, whichever is less .
6. Nominations for candidates for the office of county
supervisor elected by the voters of a supervisor district may
be made by nomination petitions signed by at least two hundred
eligible electors who are residents of the supervisor district
equal in number to at least one percent of the number of
registered voters in the supervisor district on July 1 in the
year preceding the year in which the office will appear on the
ballot, or by at least one hundred fifty eligible electors who
are residents of the supervisor district, whichever is less .
8. Nominations for candidates for elective offices in
cities where the council has adopted nominations under this
chapter may be submitted as follows:
a. Except as otherwise provided in subsection 9 , in cities
having a population of three thousand five hundred twenty
thousand or greater according to the most recent federal
decennial census, nominations may be made by nomination papers
signed by not less than twenty-five one hundred eligible
electors who are residents of the city or ward.
b. In cities having a population of one hundred five
thousand or greater, but less than three thousand five hundred
twenty thousand , according to the most recent federal decennial
census, nominations may be made by nomination papers signed by
not less than ten fifty eligible electors who are residents of
the city or ward.
c. In cities having a population less than one hundred one
thousand or greater, but less than five thousand, according
to the most recent federal decennial census, nominations may
be made by nomination papers signed by not less than five
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twenty-five eligible electors who are residents of the city.
d. In cities having a population less than one thousand,
according to the most recent federal decennial census,
nominations may be made by nomination papers signed by not less
than ten eligible electors who are residents of the city.
9. Nominations for candidates, other than partisan
candidates, for elective offices the office of mayor, alderman
at large, and ward alderman in special charter cities subject
to section 43.112 may be submitted as follows: made by
nomination papers signed by not less than one hundred eligible
electors residing in the city.
a. For the office of mayor and alderman at large,
nominations may be made by nomination papers signed by eligible
electors residing in the city equal in number to at least two
percent of the total vote received by all candidates for mayor
at the last preceding city election.
b. For the office of ward alderman, nominations may be made
by nomination papers signed by eligible electors residing in
the ward equal in number to at least two percent of the total
vote received by all candidates for ward alderman in that ward
at the last preceding city election.
Sec. 43. Section 45.1, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 02. Nominations for candidates for
statewide offices other than those listed in subsection 1 may
be made by nomination petitions signed by not less than two
thousand five hundred eligible electors, including at least one
hundred twenty-five eligible electors from not less than ten
counties of the state.
DIVISION VIII
CONDUCT OF ELECTIONS
Sec. 44. Section 39.2, subsection 4, paragraphs a, b, and c,
Code 2019, are amended to read as follows:
a. For a county, on the day of the general election, on
the day of the regular city election, on the date of a special
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election held to fill a vacancy in the same county, or on the
first Tuesday in March in an odd-numbered year , the first
Tuesday in May April , or the first second Tuesday in August
of each year September, or the first Tuesday after the first
Monday in November . For a county, in an even-numbered year,
the second Tuesday in January, the last Tuesday in April, or
the second Tuesday in September.
b. For a city, on the day of the general election, on the
day of the regular city election, on the date of a special
election held to fill a vacancy in the same city, or on the
first Tuesday in March in an odd-numbered year , the first
Tuesday in May April , or the first second Tuesday in August
of each year September, or the first Tuesday after the first
Monday in November . For a city, in an even-numbered year, the
second Tuesday in January, the last Tuesday in April, or the
second Tuesday in September.
c. For a school district or merged area, in the odd-numbered
year, the first second Tuesday in February January , the
first last Tuesday in April, the last second Tuesday in June
September , or the second first Tuesday after the first Monday
in September November . For a school district or merged area,
in the even-numbered year, the first second Tuesday in February
January , the first last Tuesday in April, or the second Tuesday
in September , or the second Tuesday in December .
Sec. 45. Section 39.12, Code 2019, is amended to read as
follows:
39.12 Failure to vacate.
An elected official who has been elected to another elective
office to which section 39.11 applies shall choose only one
office in which to serve. The official shall resign from all
but one of the offices to which section 39.11 applies before
the beginning of the term of the office to which the person
was most recently elected. Failure to submit the required
resignation will result in a vacancy in all the first elective
offices office to which the person was elected.
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Sec. 46. Section 43.11, subsection 1, Code 2019, is amended
to read as follows:
1. For an elective county office, in the office of the
county commissioner not earlier than ninety-two days nor later
than 5:00 p.m. on the sixty-ninth seventy-fourth day before the
day fixed for holding the primary election.
Sec. 47. Section 43.16, subsection 2, paragraph b, Code
2019, is amended to read as follows:
b. A person who has filed nomination papers with the
commissioner may withdraw as a candidate not later than the
sixty-seventh sixty-ninth day before the primary election by
notifying the commissioner in writing.
Sec. 48. NEW SECTION . 43.17 Disqualification of defeated
candidates.
A person who files nomination papers pursuant to section
43.11 but fails to receive the nomination of the political
party shall not be eligible for election to the office listed
on the nomination papers in the next general election for that
office.
Sec. 49. Section 43.23, Code 2019, is amended to read as
follows:
43.23 Death or withdrawal of primary candidate.
1. If a person who has filed nomination papers with the
state commissioner as a candidate in a primary election dies
or withdraws up to the seventy-sixth day before the primary
election, the appropriate convention or central committee of
that person’s political party may designate one additional
primary election candidate for the nomination that person
was seeking, if the designation is submitted to the state
commissioner in writing by 5:00 p.m. on the seventy-first day
before the date of the primary election. The name of any
candidate so submitted shall be included in the appropriate
certificate or certificates furnished by the state commissioner
under section 43.22 .
2. If a person who has filed nomination papers with the
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commissioner as a candidate in a primary election dies or
withdraws up to the sixty-seventh sixty-ninth day before
the primary election, the appropriate convention or central
committee of that person’s political party may designate one
additional primary election candidate for the nomination
that person was seeking, if the designation is submitted to
the commissioner in writing by 5:00 p.m. on the sixty-third
sixty-fourth day before the primary election. The name of
any candidate so submitted shall be placed on the appropriate
ballot or ballots by the commissioner.
Sec. 50. Section 43.24, subsection 1, paragraph b,
subparagraph (2), Code 2019, is amended to read as follows:
(2) Those filed with the commissioner, not less than
sixty-four sixty-seven days before the date of the election.
Sec. 51. Section 43.30, subsection 2, Code 2019, is amended
to read as follows:
2. The commissioner shall make sample ballots available to
the public upon request. The sample ballots shall be clearly
marked as sample ballots. A reasonable fee may be charged for
printing costs if a person requests multiple copies of sample
ballots. The commissioner shall not distribute sample ballots
except as provided in this subsection.
Sec. 52. Section 43.36, Code 2019, is amended to read as
follows:
43.36 Australian ballot.
The Australian ballot system as now used in this state,
except as herein modified, shall be used at said primary
election. The endorsement of the precinct election officials
and the facsimile of the commissioner’s signature county
seal shall appear upon the ballots as provided for general
elections.
Sec. 53. Section 43.78, subsection 2, Code 2019, is amended
to read as follows:
2. The name of any candidate designated to fill a vacancy
on the general election ballot in accordance with subsection
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1 , paragraph “a” , “b” , or “c” shall be submitted in writing
to the state commissioner not later than 5:00 p.m. on the
seventy-third seventy-sixth day before the date of the general
election.
Sec. 54. Section 43.79, Code 2019, is amended to read as
follows:
43.79 Death of candidate after time for withdrawal.
The death of a candidate nominated as provided by law for any
office to be filled at a general election, during the period
beginning on the eighty-first seventy-fifth day before the
general election, in the case of any candidate whose nomination
papers were filed with the state commissioner, or beginning
on the seventy-third day before the general election, in the
case of any candidate whose nomination papers were filed with
the commissioner, and ending on the last day before at the
time the polls close on the day of the general election shall
not operate to remove the deceased candidate’s name from the
general election ballot. If the deceased candidate was seeking
the office of senator or representative in the Congress of
the United States, governor, attorney general, senator or
representative in the general assembly or county supervisor,
section 49.58 shall control. If the deceased candidate was
seeking any other office, and as a result of the candidate’s
death a vacancy is subsequently found to exist, the vacancy
shall be filled as provided by chapter 69 .
Sec. 55. Section 44.1, Code 2019, is amended to read as
follows:
44.1 Political nonparty organizations.
Any convention or caucus of eligible electors representing
a political organization which is not a political party as
defined by law, may, for the state, or for any division or
municipality thereof, or for any county, or for any subdivision
thereof, for which such convention or caucus is held, make one
nomination of a candidate for each office to be filled therein
at the general election. However, in order to qualify for
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any nomination made for a statewide elective office by such
a political organization there shall be in attendance at the
convention or caucus where the nomination is made a minimum of
two hundred fifty five hundred eligible electors including at
least one eligible elector from each of twenty-five counties.
In order to qualify for any nomination to the office of United
States representative there shall be in attendance at the
convention or caucus where the nomination is made a minimum
of fifty two hundred eligible electors who are residents of
the congressional district including at least one eligible
elector from each of at least one-half of the counties of
the congressional district. In order to qualify for any
nomination to an office to be filled by the voters of a county
or of a city there shall be in attendance at the convention or
caucus where the nomination is made a minimum of ten twenty
eligible electors who are residents of the county or city,
as the case may be, including at least one eligible elector
from at least one-half of the voting precincts in that county
or city. In order to qualify for any nomination made for
the general assembly there shall be in attendance at the
convention or caucus where the nomination is made a minimum
of ten twenty-five eligible electors who are residents of the
representative district or twenty fifty eligible electors who
are residents of the senatorial district, as the case may be,
with at least one eligible elector from one-half of the voting
precincts in the district in each case. The names of all
delegates in attendance at such convention or caucus and such
fact shall be certified to the state commissioner together with
the other certification requirements of this chapter .
Sec. 56. Section 44.4, Code 2019, is amended to read as
follows:
44.4 Nominations and objections —— time and place of filing.
1. a. Nominations made pursuant to this chapter and
chapter 45 which are required to be filed in the office of the
state commissioner shall be filed in that office not more than
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ninety-nine days nor later than 5:00 p.m. on the seventy-third
eighty-first day before the date of the general election to be
held in November first Tuesday after the first Monday in June
in each even-numbered year . Nominations made for a special
election called pursuant to section 69.14 shall be filed by
5:00 p.m. not less than twenty-five days before the date of
an election called upon at least forty days’ notice and not
less than fourteen days before the date of an election called
upon at least eighteen days’ notice. Nominations made for
a special election called pursuant to section 69.14A shall
be filed by 5:00 p.m. not less than twenty-five days before
the date of the election. Nominations made pursuant to this
chapter and chapter 45 which are required to be filed in the
office of the commissioner shall be filed in that office not
more than ninety-two days nor later than 5:00 p.m. on the
sixty-ninth seventy-fourth day before the date of the general
election first Tuesday after the first Monday in June in each
even-numbered year . Nominations made pursuant to this chapter
or chapter 45 for city office shall be filed not more than
seventy-two days nor later than 5:00 p.m. on the forty-seventh
day before the city election with the county commissioner
of elections responsible under section 47.2 for conducting
elections held for the city, who shall process them as provided
by law.
b. Notwithstanding paragraph “a” , nominations for president
and vice president of the United States shall be filed in the
office of the state commissioner not more than ninety-nine days
nor later than 5:00 p.m. on the eighty-first day before the
date of the general election to be held in November.
2. a. Objections to the legal sufficiency of a certificate
of nomination or nomination petition or to the eligibility
of a candidate may be filed by any person who would have the
right to vote for a candidate for the office in question.
The objections must be filed with the officer with whom the
certificate or petition is filed and within the following time:
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(1) Those filed with the state commissioner, not less than
sixty-eight seventy-four days before the date of the election.
(2) Those filed with the commissioner, not less than
sixty-four days before the date of the election, except as
provided in subparagraph (3).
(3) Those filed with the commissioner for an elective city
office, at least forty-two days before the regularly scheduled
or special city election. However, for those cities that may
be required to hold a primary election, at least sixty-three
days before the regularly scheduled or special city election.
(4) In the case of nominations to fill vacancies occurring
after the time when an original nomination for an office is
required to be filed, objections shall be filed within three
days after the filing of the certificate.
b. Objections shall be filed no later than 5:00 p.m. on the
final date for filing.
Sec. 57. Section 44.9, subsections 1 and 2, Code 2019, are
amended to read as follows:
1. In the office of the state commissioner, at least
sixty-eight days before the date of the election as provided
in section 43.76 .
2. In the office of the appropriate commissioner, at least
sixty-four days before the date of the election, except as
otherwise provided in subsection 6 as provided in section
43.76 .
Sec. 58. Section 47.2, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 7. The county commissioner shall not
participate in an absentee ballot drive or collection effort in
cooperation with a candidate, candidate’s committee, political
party, or nonparty political organization.
Sec. 59. NEW SECTION . 47.12 Electronic poll books ——
mandatory.
Each county commissioner of elections shall, by February 26,
2020, ensure that each election precinct uses an electronic
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poll book.
Sec. 60. Section 48A.9, subsection 1, Code 2019, is amended
to read as follows:
1. Registration closes at 5:00 p.m. eleven ten days before
each election except general elections. For general elections,
registration closes at 5:00 p.m. ten days before the election .
An eligible elector may register during the time registration
is closed in the elector’s precinct but the registration shall
not become effective until registration opens again in the
elector’s precinct, except as otherwise provided in section
48A.7A .
Sec. 61. NEW SECTION . 49.2 Oversight by the state
commissioner.
The state commissioner, or a designee of the state
commissioner, may, at the discretion of the state commissioner,
oversee the activities of a county commissioner of elections
during a period beginning sixty days before an election and
ending sixty days after an election.
Sec. 62. Section 49.21, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. The commissioner shall remove or obscure
from the view of voters any material displaying the name of a
candidate or elected official other than a ballot or sample
ballot.
Sec. 63. NEW SECTION . 49.42B Form of official ballot ——
candidates for president and vice president.
When candidates for president and vice president of the
United States appear on the ballot, the following statement
shall appear directly above the section of the ballot listing
such candidates:
[A ballot cast for the named candidates for president
and vice president of the United States is considered to be
cast for the slate of presidential electors nominated by
the political party, nonparty political organization, or
independent candidate.]
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Sec. 64. NEW SECTION . 49.49 Certain sample ballots
prohibited.
The commissioner and state commissioner of elections shall
not distribute or authorize the distribution of sample ballots
to voters other than as provided in sections 49.53 and 52.29.
Sec. 65. Section 49.51, Code 2019, is amended to read as
follows:
49.51 Commissioner to control printing.
The commissioner shall have charge of the printing of the
ballots to be used for any election held in the county, unless
the commissioner delegates that authority as permitted by this
section . The commissioner may delegate this authority only
to another commissioner who is responsible under section 47.2
for conducting the elections held for a political subdivision
which lies in more than one county, and only with respect to
printing of ballots containing only public questions or the
names of candidates to be voted upon by the registered voters
of that political subdivision. Only one facsimile signature
county seal , that of the county of the commissioner under
whose direction the ballot is printed, shall appear on the
ballot. It is the duty of the commissioner to insure that the
arrangement of any ballots printed under the commissioner’s
direction conforms to all applicable requirements of this
chapter .
Sec. 66. Section 49.57, subsection 6, Code 2019, is amended
to read as follows:
6. A portion of the ballot shall include the words “Official
ballot”, the unique identification number or name assigned by
the commissioner to the ballot style, the date of the election,
and a facsimile of the signature the county seal of the county
of the commissioner who has caused the ballot to be printed
pursuant to section 49.51 .
Sec. 67. Section 49.58, subsection 1, Code 2019, is amended
to read as follows:
1. If any candidate nominated by a political party,
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as defined in section 43.2 , for the office of senator or
representative in the Congress of the United States, governor,
attorney general, or senator or representative in the general
assembly dies during the period beginning on the eighty-eighth
eighty-first day and ending at the time the polls close on the
last day before of the general election, or if any candidate
so nominated for the office of county supervisor dies during
the period beginning on the seventy-third seventy-fourth day
and ending at the time the polls close on the last day before
of the general election, the vote cast at the general election
for that office shall not be canvassed as would otherwise be
required by chapter 50 . Instead, a special election shall be
held on the first Tuesday after the second Monday in December,
for the purpose of electing a person to fill that office.
Sec. 68. Section 49.73, subsection 2, Code 2019, is amended
to read as follows:
2. a. The commissioner shall not shorten voting hours for
any election if there is filed in the commissioner’s office, at
least twenty-five days before the election, a petition signed
by at least fifty eligible electors of the school district
or city, as the case may be, requesting that the polls be
opened not later than 7:00 a.m. All polling places where the
candidates of or any public question submitted by any one
political subdivision are being voted upon shall be opened at
the same hour, except that this requirement shall not apply
to merged areas established under chapter 260C . The hours at
which the respective precinct polling places are to open shall
not be changed after publication of the notice required by
section 49.53 . The polling places shall be closed at 9:00 p.m.
for state primary and general elections and other partisan
elections, and for any other election held concurrently
therewith, and at 8:00 p.m. for all other elections.
b. The legislative services agency shall place on the
internet site of the agency information regarding the opening
and closing times of polling places until and including
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November 7, 2023. This paragraph is repealed effective July
1, 2024.
Sec. 69. Section 49.82, Code 2019, is amended to read as
follows:
49.82 Voter to receive one ballot —— endorsement.
When an empty voting booth is available, one of the precinct
election officials shall endorse the official’s initials on
each ballot the voter will receive. The initials shall be
placed so that they may be seen when the ballot is properly
folded or enclosed in a secrecy folder. The name or signature
of the commissioner shall not appear on the ballot except as
part of the list of candidates when the commissioner is a
candidate for election. The official shall give the voter one
and only one of each of the ballots to be voted at that election
in that precinct, except as provided by section 49.100 . No
ballot without the required official endorsement shall be
placed in the ballot box.
Sec. 70. Section 49A.6, Code 2019, is amended to read as
follows:
49A.6 Certification —— sample ballot.
The state commissioner of elections shall, not less than
sixty-nine sixty-three days preceding any election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state, transmit to the
county commissioner of elections of each county a certified
copy of the amendment or measure and a sample of the ballot to
be used in such cases, prepared in accordance with law.
Sec. 71. Section 50.44, Code 2019, is amended to read as
follows:
50.44 Tie vote.
1. If more than the requisite number of persons, including
other than for presidential electors, are found to have an
equal and the highest number of votes, the election of one of
them shall be determined by lot. The name of each of such
candidates shall be written on separate pieces of paper, as
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nearly uniform in size and material as possible, and placed in
a receptacle so that the names cannot be seen. In the presence
of the board of canvassers, one of them shall publicly draw
one of such names, and such person shall be declared elected a
special election shall be held consistent with section 69.14,
in which each such candidate shall be the only candidates on
the ballot . The result of such drawing an election shall be
entered upon the abstract of votes and duly recorded, and a
certificate of election issued to such person, as provided in
this chapter .
2. If more than the requisite number of presidential
electors are found to have an equal and the highest number of
votes, the presidential electors shall be assigned one-half
to each candidate. If there is an odd number of presidential
electors, the remaining elector shall be assigned by lot.
Sec. 72. Section 50.48, subsection 3, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. In addition to the persons listed in
paragraph “a” , the candidate requesting the recount and the
apparent winning candidate may each submit a request to a
commissioner from a county other than the county conducting the
recount to be present at the recount. Such a commissioner may
report any irregularities observed by the commissioner at any
time after the election to the state commissioner.
Sec. 73. Section 50.48, subsection 4, paragraph b, Code
2019, is amended to read as follows:
b. Any member of the recount board may at any time during
the recount proceedings for an election for a statewide
elected official as defined in section 68B.2 or a United States
senator extend the recount of votes cast for the office or
nomination in question to any other precinct or precincts in
the same county, or from which the returns were reported to
the commissioner responsible for conducting the election,
without the necessity of posting additional bond. The recount
proceedings for an election for any other office shall include
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all precincts in which a ballot for the election was cast.
Sec. 74. NEW SECTION . 50.52 Enforcement.
Members of local law enforcement agencies and the state
patrol are authorized to take all reasonable actions to prevent
violations of this chapter.
Sec. 75. Section 53.2, subsection 4, paragraph b, Code 2019,
is amended to read as follows:
b. If insufficient information has been provided, including
the absence of a voter verification number, either on the
prescribed form or on an application created by the applicant,
the commissioner shall, by the best means available, obtain
the additional necessary information within twenty-four hours
after the receipt of the absentee ballot request, contact the
applicant by telephone and electronic mail, if such information
has been provided by the applicant. If the commissioner is
unable to contact the applicant by telephone or electronic
mail, the commissioner shall send a notice to the applicant
at the address where the applicant is registered to vote, or
to the applicant’s mailing address if it is different from
the residence address. If the applicant has requested the
ballot to be sent to an address that is not the applicant’s
residential or mailing address, the commissioner shall send an
additional notice to the address where the applicant requested
the ballot to be sent. A commissioner shall not use the voter
registration system to obtain additional necessary information .
A voter requesting or casting a ballot pursuant to section
53.22 shall not be required to provide a voter verification
number. The state commissioner shall adopt rules to implement
this section.
Sec. 76. Section 53.2, subsection 4, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. If an applicant does not have current
access to the applicant’s voter verification number, the
commissioner shall verify the applicant’s identity prior to
supplying the voter verification number by asking the applicant
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to provide at least two of the following facts about the
applicant:
(1) Date of birth.
(2) The last four digits of the applicant’s social security
number, if applicable.
(3) Residential address.
(4) Mailing address.
(5) Middle name.
(6) Voter verification number as defined in paragraph “c” .
Sec. 77. Section 53.10, subsection 2, paragraph a, Code
2019, is amended to read as follows:
a. Each person who wishes to vote by absentee ballot at
the commissioner’s office shall first sign an application
for a ballot including the following information: name,
current address, voter verification number, and the election
for which the ballot is requested. The person may report a
change of address or other information on the person’s voter
registration record at that time. Prior to furnishing a
ballot, the commissioner shall verify the person’s identity
as provided in section 49.78. The registered voter shall
immediately mark the ballot; enclose the ballot in a secrecy
envelope, if necessary, and seal it in the envelope marked
with the affidavit; subscribe to the affidavit on the reverse
side of the envelope; and return the absentee ballot to the
commissioner. The commissioner shall record the numbers
appearing on the application and affidavit envelope along with
the name of the registered voter.
Sec. 78. Section 53.10, subsection 2, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. If an unregistered person offering to
vote an absentee ballot pursuant to this section prior to
the deadline in section 48A.9 does not have an Iowa driver’s
license, an Iowa nonoperator’s identification card, or a voter
identification number assigned to the voter by the state
commissioner pursuant to section 47.7, subsection 2, the person
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may satisfy identity and residence requirements as provided in
section 49.78. This section shall also apply to a registered
voter casting a ballot pursuant to this section who has not yet
received a voter verification number.
Sec. 79. Section 53.11, subsection 1, paragraph a, Code
2019, is amended to read as follows:
a. Not more than twenty-nine days before the date of
an election, satellite absentee voting stations may be
established throughout the cities and county at the direction
of the commissioner and shall be established upon receipt
of a petition signed by not less than one hundred eligible
electors requesting that a satellite absentee voting station be
established at a location to be described on the petition , and
may be established at the direction of the commissioner in the
case of a special election . However, if a special election is
scheduled in the county on a date that falls between the date
of the regular city election and the date of the city runoff
election, the commissioner is not required to establish a
satellite absentee voting station for the city runoff election.
Sec. 80. Section 53.11, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. A satellite absentee voting station
shall not be established in any state-owned building. A
satellite absentee voting station may be established at a
county courthouse.
Sec. 81. Section 53.11, subsection 2, paragraph e, Code
2019, is amended to read as follows:
e. For a special election, no later than thirty-two eighteen
days before the special election.
Sec. 82. Section 53.11, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 6. The commissioner shall remove or obscure
from the view of voters any material displaying the name of a
candidate or elected official other than a ballot or sample
ballot.
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Sec. 83. Section 53.17, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. The sealed return envelope may be mailed to the
commissioner by the registered voter or by the voter’s
designee. If mailed by the voter’s designee, the envelope must
be mailed within seventy-two hours of retrieving it from the
voter or within time to be postmarked or, if applicable, to
have the intelligent mail barcode traced to a date of entry
into the federal mail system not later than the day before the
election, whichever is earlier .
Sec. 84. Section 53.17, subsection 2, Code 2019, is amended
to read as follows:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner’s office before
the polls close on election day or be clearly postmarked by an
officially authorized postal service or bear an intelligent
mail barcode traceable to a date of entry into the federal mail
system not later than the day before the election and received
by the commissioner not later than noon on the Monday following
the election .
Sec. 85. Section 53.17, subsection 4, paragraph f, Code
2019, is amended to read as follows:
f. A statement that the completed absentee ballot will
be delivered to the commissioner’s office within seventy-two
hours of retrieving it from the voter or before the closing of
the polls on election day, whichever is earlier, or that the
completed absentee ballot will be mailed to the commissioner
within seventy-two hours of retrieving it from the voter or
within time to be postmarked or, if applicable, to have the
intelligent mail barcode traced to a date of entry into the
federal mail system not later than the day before the election,
whichever is earlier .
Sec. 86. Section 53.18, subsection 2, Code 2019, is amended
to read as follows:
2. a. If the commissioner receives the return envelope
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containing the completed absentee ballot by 5:00 p.m. on the
Saturday before the election for general elections and by 5:00
p.m. on the Friday before the election for all other elections,
the commissioner shall review the affidavit marked on the
return envelope, if applicable, for completeness or shall open
the return envelope to review the affidavit for completeness.
If the affidavit is incomplete, the commissioner shall, within
twenty-four hours of the time the envelope was received,
notify the voter of that fact and that the voter may complete
the affidavit in person at the office of the commissioner by
5:00 p.m. on the day before the election, vote a replacement
ballot in the manner and within the time period provided in
subsection 3 , or appear at the voter’s precinct polling place
on election day and cast a ballot in accordance with section
53.19, subsection 3 .
(1) If the affidavit lacks the signature of the registered
voter, the commissioner shall, within twenty-four hours of the
receipt of the envelope, notify the voter of the deficiency
and inform the voter that the voter may vote a replacement
ballot as provided in subsection 3, cast a ballot as provided
in section 53.19, subsection 3, or complete the affidavit in
person at the office of the commissioner not later than noon on
the Monday following the election, or if the law authorizing
the election specifies that the votes be canvassed earlier than
the Monday following the election, before the canvass of the
election.
(2) If the affidavit appears to have been signed by someone
other than the registered voter, the commissioner shall, within
twenty-four hours of the receipt of the envelope, notify the
voter of the deficiency and inform the voter that the voter may
vote a replacement ballot as provided in subsection 3, cast a
ballot as provided in section 53.19, subsection 3, or complete
the affidavit in person at the office of the commissioner by
providing proof of identity as provided in section 49.78 not
later than noon on the Monday following the election, or if
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the law authorizing the election specifies that the votes be
canvassed earlier than the Monday following the election,
before the canvass of the election.
b. If the commissioner receives the return envelope
containing the completed absentee ballot after the deadline
in paragraph “a” , the commissioner shall submit the affidavit
to the absentee and special voters precinct board for review.
If the absentee and special voters precinct determines that
the affidavit is incomplete, the commissioner shall, within
twenty-four hours of the determination, notify the voter.
(1) If the affidavit lacks the signature of the registered
voter, the commissioner shall notify the voter that the voter
may complete the affidavit in person at the office of the
commissioner not later than noon on the Monday following the
election, or if the law authorizing the election specifies that
the votes be canvassed earlier than the Monday following the
election, before the canvass of the election.
(2) If the affidavit appears to have been signed by someone
other than the registered voter, the commissioner shall
notify the voter that the voter may complete the affidavit in
person at the office of the commissioner by providing proof of
identity as provided in section 49.78 not later than noon on
the Monday following the election, or if the law authorizing
the election specifies that the votes be canvassed earlier than
the Monday following the election, before the canvass of the
election.
Sec. 87. Section 53.18, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 04. For the purposes of this section, a
return envelope marked with the affidavit shall be considered
incomplete if it lacks the registered voter’s signature or it
appears to the commissioner that the signature on the envelope
has been signed by someone other than the registered voter,
in comparing the signature on the envelope to the signature
on record of the registered voter named on the envelope. A
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signature or marking made in accordance with section 39.3,
subsection 17, shall cause an affidavit to be considered
incomplete.
Sec. 88. Section 53.22, subsection 6, paragraph b, Code
2019, is amended to read as follows:
b. Absentee ballots voted under this subsection shall be
delivered to the commissioner no later than the time the polls
are closed on election day. If the ballot is returned by mail
the return envelope must be received by the time the polls
close , or be clearly postmarked by an officially authorized
postal service or bear an intelligent mail barcode traceable
to a date of entry into the federal mail system not later than
the day before the election and received by the commissioner no
later than the time established for the canvass by the board of
supervisors for that election .
Sec. 89. Section 58.1, Code 2019, is amended to read as
follows:
58.1 Notice —— grounds.
The contestant for the office of governor shall, within
thirty fourteen days after the proclamation of the result of
the election, deliver to the presiding officer of each house
of the general assembly a notice of intent to contest, and a
specification of the grounds of such contest, as provided in
chapter 62 .
Sec. 90. Section 58.4, subsections 1 and 2, Code 2019, are
amended to read as follows:
1. The names of members of each house, except the presiding
officer and the majority and minority leaders , written on
similar paper tickets, shall be placed in a box, the names of
the senators in their presence by their secretary, and the
names of the representatives in their presence by their clerk.
2. The secretary of the senate in the presence of the
senate, and the clerk of the house of representatives in
the presence of the house, shall draw from their respective
boxes the names of seven five members each. The majority and
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minority leaders of each house shall also serve on the contest
court.
Sec. 91. NEW SECTION . 68A.507 Deceptive names prohibited.
No person shall place on any published material, as defined
in section 68A.405, a name or abbreviation of a name intended
to cause a voter to believe that the person represents a
political party or nonparty political organization of which the
person is not a candidate.
Sec. 92. Section 69.9, Code 2019, is amended to read as
follows:
69.9 Person removed not eligible.
No person can be appointed to fill a vacancy who has been
removed from office within one year next preceding .
Sec. 93. Section 69.14, Code 2019, is amended to read as
follows:
69.14 Special election to fill vacancies.
1. A special election to fill a vacancy shall be held for a
representative in Congress, when Congress is in session or will
convene prior to the next general election, or for a senator or
representative in the general assembly, when the body in which
such vacancy exists is in session, or the general assembly will
convene prior to the next general election, and the governor
shall order, not later than five days from the date the vacancy
exists, a special election, giving not less than forty days’
notice of such election.
2. In the event the special election is to fill a vacancy
in the general assembly while it is in session or within
forty-five days of the convening of any session, the time limit
provided in this section shall not apply and the governor
shall order such , not later than five days after the day the
vacancy occurs, a special election at the earliest practical
time , giving at least eighteen twenty-one, but no more than
forty-two, days’ notice of the special election. Any special
election called under this section must be held on a Tuesday
and shall not be held on the same day as a school election
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within the district.
Sec. 94. Section 445.5, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . i. Until November 7, 2023, the hours during
which polling places are open on election days. This paragraph
is repealed effective July 1, 2024.
DIVISION IX
CONFLICTS OF INTEREST
Sec. 95. Section 314.2, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
314.2 Conflicts of interest.
A state or county official who is a voting member of a
governmental entity responsible for awarding a contract
pursuant to section 314.1 and is the apparent low bidder for
the contract shall not participate in a vote to award the
contract and shall include an explanation of the official’s
conflict in the resolution entered pursuant to section 26.12.
Sec. 96. EFFECTIVE DATE. This division of this Act takes
effect March 18, 2021.
DIVISION X
VOTER REGISTRATION
Sec. 97. Section 47.7, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 3. The state registrar of voters shall
develop a form to be distributed pursuant to section 262.9,
subsection 39, indicating whether a graduating student will
reside outside Iowa, reside within Iowa and optionally, at
what address, or move outside Iowa but vote in Iowa pursuant
to chapter 53, subchapter II. The state registrar of voters
shall remove from the statewide voter registration system any
graduating student indicating that the student will reside
outside Iowa after graduation, unless the student will vote in
Iowa pursuant to chapter 53, subchapter II, and shall update
the registration information of any student indicating a change
of address within the state.
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NEW SUBSECTION . 4. The state registrar of voters shall use
information from the electronic registration information center
to update information in the statewide voter registration
system, including but not limited to the following reports:
a. In-state duplicates.
b. In-state updates.
c. Cross-state matches.
d. Deceased.
e. Eligible but unregistered.
f. National change of address.
Sec. 98. Section 48A.10A, subsection 1, Code 2019, is
amended to read as follows:
1. The state registrar shall compare lists of persons who
are registered to vote with the department of transportation’s
driver’s license and nonoperator’s identification card files
and shall, on an initial basis, issue a voter identification
card to each active, registered voter whose name does not
appear in the department of transportation’s files. The voter
identification card shall include the name of the registered
voter, a signature line above which the registered voter shall
sign the voter identification card, the registered voter’s
identification number assigned to the voter pursuant to section
47.7, subsection 2 , and an additional four-digit personal
identification number assigned by the state commissioner , and
the times during which polling places will be open on election
days .
Sec. 99. Section 48A.28, subsection 2, paragraph b, Code
2019, is amended to read as follows:
b. (1) A commissioner participating in the national change
of address program , in the first quarter of each calendar
year, shall , during the January immediately following each
presidential election, send a notice and preaddressed, postage
paid return card by forwardable mail to each registered voter
whose name was not reported by the national change of address
program and who has not voted in two or more consecutive
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general elections failed to vote in a presidential election
and has not registered again , or who has not reported a change
to an existing registration, or who has not responded to a
notice from the commissioner or registrar during the period
between and following the previous two general elections and
shall make the voter registration record of the voter inactive .
The form and language of the notice and return card shall be
specified by the state voter registration commission by rule.
A registered voter shall not be sent a notice and return card
under this subsection more frequently than once in a four-year
period.
(2) The commissioner shall send a notice to each registered
voter who does not respond to a notice sent pursuant to
subparagraph (1) during the April immediately following the
presidential election. The form and language of the notice
shall be specified by the state voter registration commission
by rule.
Sec. 100. Section 48A.29, subsection 1, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
If a confirmation notice and return card sent pursuant to
section 48A.28 , subsection 3, is returned as undeliverable by
the United States postal service, the commissioner shall make
the registration record inactive and shall mail a notice to the
registered voter at the registered voter’s most recent mailing
address, as shown by the registration records.
Sec. 101. Section 48A.30, subsection 1, Code 2019, is
amended by adding the following new paragraph:
NEW PARAGRAPH . h. The registered voter has not responded to
a notice sent pursuant to section 48A.28, subsection 2, by July
1 following the presidential election.
Sec. 102. Section 48A.38, subsection 1, unnumbered
paragraph 1, Code 2019, is amended to read as follows:
Any person may request of the registrar and shall receive,
upon payment of the cost of preparation two hundred fifty
dollars , a list of registered voters and other data on
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registration and participation in elections, in accordance with
the following requirements and limitations:
Sec. 103. NEW SECTION . 48A.39A Voter list maintenance
reports.
1. The commissioner of registration shall annually
submit to the state registrar of voters a report regarding
the number of voter registration records marked inactive or
canceled pursuant to sections 48A.28 through 48A.30. The state
registrar of voters shall publish such reports on the internet
site of the state registrar of voters.
2. The state registrar of voters shall determine by rule the
form and submission deadline of reports submitted pursuant to
subsection 1.
Sec. 104. Section 262.9, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 39. Direct the institutions of higher
education under its control to require each graduating student
to complete a form created by the state registrar of voters
pursuant to section 47.7 indicating whether the student intends
to reside outside Iowa, remain within Iowa, or move outside
Iowa but continue to vote within Iowa pursuant to chapter 53,
subchapter II. The board shall direct each institution to
promptly return the completed forms to the state registrar of
voters.
DIVISION XI
BALLOT ORDER
Sec. 105. Section 49.31, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. (1) The commissioner shall determine the order of
political parties and nonparty political organizations
candidates on the ballot as provided in this paragraph . The
sequence order shall be the same for each office on the ballot
and for each precinct in the county voting in the election.
(2) The state commissioner shall compile a list of each
county in the state in alphabetical order and assign a number
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to each county such that the first county listed is number
one, the second county listed is number two, and continuing
in descending order in the same manner. The commissioner
shall put in alphabetical order the top two political parties
receiving the highest votes from the most recent election.
(3) The commissioner of each county assigned an even number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
first general election at which the governor will be elected
following the effective date of this Act and second on the
ballot for the second general election at which the president
of the United States is to be elected following the effective
date of this Act and first on the ballot for the second general
election at which the governor will be elected following the
effective date of this Act, and thereafter alternating with the
candidates of the second political party by alphabetical order
pursuant to subparagraph (2).
(b) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this Act and first on the ballot for
the first general election at which the governor will be
elected following the effective date of this Act and first
on the ballot for the second general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
second general election at which the governor will be elected
following the effective date of this Act, and thereafter
alternating with the candidates of the first political party by
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alphabetical order pursuant to subparagraph (2).
(4) The commissioner of each county assigned an odd number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
first general election at which the governor will be elected
following the effective date of this Act and second on the
ballot for the second general election at which the president
of the United States is to be elected following the effective
date of this Act and first on the ballot for the second general
election at which the governor will be elected following the
effective date of this Act, and thereafter alternating with the
candidates of the first political party by alphabetical order
pursuant to subparagraph (2).
(b) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this Act and first on the ballot for
the first general election at which the governor will be
elected following the effective date of this Act and first
on the ballot for the second general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
second general election at which the governor will be elected
following the effective date of this Act, and thereafter
alternating with the candidates of the second political party
by alphabetical order pursuant to subparagraph (2).
(c) The commissioner shall determine the order of
candidates of nonparty political organizations on the ballot.
The order shall be the same for each office on the ballot and
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for each precinct in the county voting in the election.
Sec. 106. Section 49.31, subsection 2, paragraph b, Code
2019, is amended to read as follows:
b. The Notwithstanding any provision of subsection 1,
paragraph “b” , to the contrary, the commissioner shall then
arrange the surnames of each political party’s candidates for
each office to which two or more persons are to be elected at
large alphabetically for the respective offices for the first
precinct on the list; thereafter, for each political party and
for each succeeding precinct, the names appearing first for
the respective offices in the last preceding precinct shall
be placed last, so that the names that were second before the
change shall be first after the change. The commissioner may
also rotate the names of candidates of a political party in the
reverse order of that provided in this subsection or alternate
the rotation so that the candidates of different parties shall
not be paired as they proceed through the rotation. The
procedure for arrangement of names on ballots provided in this
section shall likewise be substantially followed in elections
in political subdivisions of less than a county.
DIVISION XII
MUNICIPAL ELECTIONS
Sec. 107. Section 44.9, subsection 3, Code 2019, is amended
to read as follows:
3. In the office of the proper school board secretary, at
least thirty-five forty-two days before the day of a regularly
scheduled school election.
Sec. 108. Section 50.48, subsection 7, Code 2019, is amended
to read as follows:
7. If the election is an election held by a city which
is not the final election for the office in question a city
primary election held pursuant to section 376.7 , the recount
shall progress according to the times provided by this
subsection . If this subsection applies the canvass shall be
held by the second day after the election, the request for
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a recount must be made by the third day after the election,
the board shall convene to conduct the recount by the sixth
day after the election, and the report shall be filed by the
eleventh eighth day after the election.
Sec. 109. Section 50.48, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 8. When a city council has chosen a runoff
election pursuant to section 376.9, the recount shall progress
according to the times provided by this subsection. If this
subsection applies, the canvass shall be conducted pursuant
to section 50.24. The request for a recount must be made
by the day after the canvass, and the board shall convene
for the first time not later than the first Friday following
the canvass. The report shall be filed not later than the
fourteenth day after the election.
Sec. 110. Section 260C.12, subsection 1, as amended by
2017 Iowa Acts, chapter 155, section 2, is amended to read as
follows:
1. The board of directors of the merged area shall organize
at the first regular meeting following the regular school
election or at a special meeting called by the secretary of the
board to organize the board in advance of the first regular
meeting following the regular school election after the canvass
for the regular school election . Organization of the board
shall be effected by the election of a president and other
officers from the board membership as board members determine.
The board of directors shall appoint a secretary and a
treasurer who shall each give bond as prescribed in section
291.2 and who shall each receive the salary determined by the
board. The secretary and treasurer shall perform duties under
chapter 291 and additional duties the board of directors deems
necessary. However, the board may appoint one person to serve
as the secretary and treasurer. If one person serves as the
secretary and treasurer, only one bond is necessary for that
person. The frequency of meetings other than organizational
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meetings shall be as determined by the board of directors but
the president or a majority of the members may call a special
meeting at any time.
Sec. 111. Section 260C.15, subsection 5, as amended by
2017 Iowa Acts, chapter 155, section 4, is amended to read as
follows:
5. The votes cast in the election shall be canvassed and
abstracts of the votes cast shall be certified as required by
section 277.20 . In each county whose commissioner of elections
is responsible under section 47.2 for conducting elections
held for a merged area, the county board of supervisors shall
convene on the last Monday in November or at the last regular
board meeting in November, on the second Monday or Tuesday
after the day of the election to canvass the abstracts of votes
cast and declare the results of the voting. The commissioner
shall at once issue certificates of election to each person
declared elected, and shall certify to the merged area board in
substantially the manner prescribed by section 50.27 the result
of the voting on any public question submitted to the voters
of the merged area. Members elected to the board of directors
of a merged area shall qualify by taking the oath of office
prescribed in section 277.28 .
Sec. 112. Section 277.4, subsection 3, Code 2019, is amended
to read as follows:
3. The secretary of the school board shall accept the
petition for filing if on its face it appears to have the
requisite number of signatures and if it is timely filed. The
secretary of the school board shall note upon each petition
and affidavit accepted for filing the date and time that the
petition was filed. The secretary of the school board shall
deliver all nomination petitions, together with the complete
text of any public measure being submitted by the board to the
electorate, to the county commissioner of elections on the day
following the last day on which nomination petitions can be
filed, and not later than 5:00 p.m. 12:00 noon on that day.
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Sec. 113. Section 279.1, subsection 1, Code 2019, is amended
to read as follows:
1. The board of directors of each school corporation shall
meet and organize at the first regular meeting or at a special
meeting called by the secretary of the board to organize the
board in advance of the first regular meeting after the canvass
for the regular school election at some suitable place to be
designated by the secretary. Notice of the place and hour of
the meeting shall be given by the secretary to each member and
member-elect of the board.
Sec. 114. Section 279.7, subsection 3, Code 2019, is amended
to read as follows:
3. In the case of a special election as provided in this
section to fill a vacancy occurring among the elective officers
or members of a school board before the expiration of a full
term, the person so elected shall qualify within ten days
thereafter from the final canvass of the election by the county
board in the manner required by section 277.28 and shall hold
office for the residue of the unexpired term and until a
successor is elected, or appointed, and qualified.
Sec. 115. Section 376.5, Code 2019, is amended to read as
follows:
376.5 Publication of ballot.
Notice containing a copy of the ballot for each regular,
special, primary, or runoff city election must be published by
the county commissioner of elections as provided in section
362.3 , except that notice of a regular, primary, or runoff
election may be published not less than four days before the
date of the election. The published ballot notice must contain
the names of all candidates, and may not contain any party
designations. The published ballot notice must contain any
question to be submitted to the voters.
Sec. 116. Section 376.7, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. If the city holding a primary
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election is located in more than one county, the controlling
commissioner for that city under section 47.2, subsection
2, shall conduct a second canvass on the first Monday or
Tuesday after the day of the election. However, if a recount
is requested pursuant to section 50.48, the controlling
commissioner shall conduct the second canvass within two
business days after the conclusion of the recount proceeding.
Each commissioner conducting a canvass for the city pursuant
to section 50.24, subsection 1, shall transmit abstracts for
the offices of that city to the controlling commissioner for
that city, along with individual tallies for each write-in
candidate. At the second canvass, the county board of
supervisors of the county of the controlling commissioner shall
canvass the abstracts received pursuant to this subsection and
shall prepare a combined city abstract stating the number of
votes cast in the city for each office. The combined city
abstract shall further indicate the name of each person who
received votes for each office on the ballot, and the number of
votes each person received for that office. The votes of all
write-in candidates who each received less than five percent
of the total votes cast in the city for an office shall be
reported collectively under the heading “scattering”.
Sec. 117. Section 376.9, subsection 1, Code 2019, is amended
to read as follows:
1. A runoff election may be held only for positions unfilled
because of failure of a sufficient number of candidates to
receive a majority vote in the regular city election. When a
council has chosen a runoff election in lieu of a primary, the
county board of supervisors shall publicly canvass the tally
lists of the vote cast in the regular city election, following
the procedures prescribed in section 50.24 , at a meeting to be
held on the second day following the regular city election, and
beginning no earlier than 1:00 p.m. on that day . Candidates
who do not receive a majority of the votes cast for an office,
but who receive the highest number of votes cast for that
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office in the regular city election, to the extent of twice
the number of unfilled positions, are candidates in the runoff
election.
Sec. 118. 2017 Iowa Acts, chapter 155, section 45, is
amended to read as follows:
SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS.
1. Notwithstanding the provisions of section 260C.11
designating a term of four years for members of a board of
directors of a merged area, the term of office for a seat on a
board of directors filled at the regular school election held
on:
a. September 8, 2015, shall expire November 5, 2019 upon
the board’s organizational meeting held pursuant to section
260C.12, subsection 1 .
b. September 12, 2017, shall expire November 2, 2021 upon
the board’s organizational meeting held pursuant to section
260C.12, subsection 1 .
2. Notwithstanding the provisions of section 273.8,
subsection 1 , designating a term of four years for members of
a board of directors of an area education agency, the term of
office for a seat on a board of directors filled by election
in:
a. September 2015 shall expire November 30, 2019.
b. September 2017 shall expire November 30, 2021.
3. Notwithstanding the provisions of section 274.7
designating a term of four years for members of a board of
directors of a school district, the term of office for a seat
on a board of directors filled at the regular school election
held on:
a. September 8, 2015, shall expire November 5, 2019 upon the
board’s organizational meeting held pursuant to section 279.1 .
b. September 12, 2017, shall expire November 2, 2021 upon
the board’s organizational meeting held pursuant to section
279.1 .
EXPLANATION
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The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the conduct of elections.
DIVISION I —— PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA
CONSTITUTION. This division of the bill relates to proposed
amendments to the Iowa Constitution. The bill requires the
legislative services agency to publish on its internet site a
list of all propositions to amend the Constitution as they are
filed. The bill also requires the agency to post and maintain
separate lists of proposed amendments that have been passed by
one general assembly and by two consecutive general assemblies.
The bill provides that such publication shall satisfy the
constitutional requirement that proposed amendments be
published prior to the election of the second general assembly
to pass the proposed amendment. The bill directs the secretary
of state to endeavor to publish proposed amendments in two
newspapers of general circulation but removes the requirement
that the secretary do so.
The bill allows the full text of a proposed constitutional
amendment to be posted in the voting booth rather than on the
ballot.
The bill repeals a Code section explicitly granting a
taxpayer the authority to intervene in an action to test
the constitutionality of a proposed amendment to the Iowa
Constitution.
DIVISION II —— ISSUANCE OF BONDS. This division of the bill
relates to the issuance of bonds. The bill requires a public
measure to approve the issuance of bonds to include on the
ballot the current property tax levy, the term of the bond,
and the average increase or decrease in the cost of a home
in each county voting on the bond, as well as the average of
such averages, according to data provided by the United States
census bureau.
DIVISION III —— SELF-PROMOTION WITH TAXPAYER FUNDS. This
division of the bill relates to the prohibition on using
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taxpayer funds for self-promotion. The bill defines “direct
mass mailing” for the purposes of the prohibition as a mailing
the purpose of which is to promote a person or idea sent by a
statewide elected official that is delivered by a mail service,
sent to more than two hundred addresses, is substantially
similar as regards each mailing, and all of which mailings are
sent at the same time or within 30 days of each other.
DIVISION IV —— HOSPITAL BOARD OF TRUSTEES ELECTIONS. This
division relates to elections for hospital boards of trustees.
The bill provides that trustees in a county with a population
of at least 400,000 shall serve for terms of six years. A
trustee elected to a term of four years in or after January
2018 shall instead serve a term of six years.
The bill allows a board of trustees to fill vacancies on the
board through appointment at any time. Current law limits a
board’s appointment powers to until the next general election.
The bill provides for staggered terms of service for
trustees elected in 2022.
DIVISION V —— TECHNICAL CHANGES. This division of the bill
relates to technical changes to the election laws of Iowa.
The bill eliminates the second Tuesday in December as a
possible date for a special election on a public measure in
a school district or merged area in an even-numbered year.
The bill also eliminates the first Tuesday in December as a
possible date for a special election on a public measure in a
city in an even-numbered year.
The bill makes the false or fraudulent signing of nomination
papers on behalf of another person and the misuse of voter
registration information election misconduct in the second
degree. Under current law, misuse of voter registration
information is election misconduct in the third degree. A
person who commits election misconduct in the second degree is
guilty of an aggravated misdemeanor. An aggravated misdemeanor
is punishable by confinement for no more than two years and a
fine of at least $625 but not more than $6,250.
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The bill permits the state commissioner of elections to
require a written explanation from a county commissioner who
has been issued a notice of technical infraction. Such an
explanation must contain measures the county commissioner took
to redress the issues in the notice.
The bill requires a person circulating a petition for
nomination to include that person’s name, signature, address,
and phone number. The bill also specifies that a signature
line must contain a signer’s residential address. The bill
prohibits a signature line from being counted if the signature
line contains a partial address or a post office box address,
or if any of the required information is crossed out or
redacted at the time of filing. The bill requires nomination
papers to be rejected if they do not contain information
required by Code section 43.18 (affidavit of candidacy).
The bill requires the state commissioner to issue a
certificate of nomination to each county commissioner as soon
as is practicable if a challenge to the nomination pursuant
to section 43.24 is pending. Current law requires the state
commissioner to issue such a certificate at least 69 days
before a primary election.
The bill permits objections to be filed to certificates of
nomination for candidates to replace candidates who have died
or withdrawn their nomination.
The bill permits the state commissioner to examine election
security assessments conducted or authorized by government or
private entities. Such information retains its confidential
status. The bill also permits the state commissioner to share
information provided by a county to an appropriate government
agency to safeguard against cybersecurity or physical threats
and to adopt rules for minimum security standards to which
county commissioners must adhere. The state commissioner may
limit access to the statewide voter registration system if a
county commissioner fails to meet these standards.
The bill requires a county commissioner of elections
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to report to the state commissioner of elections when the
county commissioner believes that a cybersecurity incident or
data breach has occurred. The bill also requires a county
commissioner to report to the state commissioner on an annual
basis if the county commissioner has no reason to believe that
a cybersecurity incident or data breach has occurred.
The bill requires the state registrar of voters to adopt
rules regarding access to the statewide voter registration
system and training requirements, technology safeguards, and
breach incident response requirements.
The bill extends the deadline by which voter registration
forms must be submitted to voter registration agencies, motor
vehicle driver’s license stations, and county treasurer’s
offices participating in county issuance of driver’s licenses
from 5:00 p.m. to 11:59 p.m. on the day registration closes for
an election.
The bill changes the time frame for the state commissioner
of elections to send an acknowledgment of receipt of a voter
registration form or change of information, if that form was
submitted within 14 days of a regularly scheduled election,
from within 7 days to within 48 hours.
The bill requires county commissioners of elections to
report temporary combinations of precincts to the state
commissioner of elections at least 25 days before the next
election for which the precinct will be active, or at least 10
days prior to an election held pursuant to Code section 69.14.
The bill allows the state commissioner of elections to
prescribe, and county commissioners of elections to place
on ballots, uniform abbreviations for political parties and
organizations. The bill allows abbreviations for the names of
political parties and organizations to be used on the remainder
of the ballot if the full name and abbreviation appear in the
voter instruction portion of the ballot.
The bill allows the state commissioner of elections to adopt
rules to establish pilot programs related to post-election
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audits.
The bill requires the state commissioner of elections to
adopt rules for the implementation of the absentee voting
system.
The bill moves the first day to mail absentee ballots to
the first business day on which mail delivery is available
following the 29th day before an election in the event that the
United States post office is closed and not delivering mail on
the 29th day before an election.
The division takes effect upon enactment.
DIVISION VI —— MISCELLANEOUS PROVISIONS. This division of
the bill relates to various changes to the Code.
The bill changes the rate of compensation for presidential
electors from $5 per day to one-half of the per diem rate set by
the federal general services administration.
The bill changes the time at which the senate shall organize
as a court of impeachment from forthwith after the hour of
final adjournment to as soon as practicable. The bill also
changes the rate of compensation for members serving on a court
of impeachment to the same rate as for members serving in a
special session of the general assembly if the general assembly
is not in regular session. If the general assembly is in
regular session, the bill provides that members shall receive
no additional compensation.
DIVISION VII —— NOMINATIONS BY PETITION. This division
alters the number of signatures required for a person to obtain
a nomination by petition.
DIVISION VIII —— CONDUCT OF ELECTIONS. This division of the
bill relates to the conduct of elections.
The bill alters the list of possible dates for elections held
by counties, cities, school districts, and merged areas.
The bill provides that a person who holds an elective office
and wins an election for a second office shall automatically
vacate the first office if the person does not vacate one of
the offices.
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The bill prohibits a person who seeks the nomination of a
political party for election to a certain office but loses the
nomination from being eligible for election to that office in
the next general election for that office.
The bill requires a ballot to include the county seal and
prohibits the commissioner’s name from appearing on the ballot
unless the commissioner is a candidate.
The bill alters the deadlines for filing a nomination
petition, withdrawing a nomination, and filling a ballot
vacancy. If a vacancy occurs on a ballot due to the death of a
candidate after the date for filling a vacancy until the time
the polls close on election day, the election for that office
shall not be canvassed and the office shall be filled by a
special election.
The bill changes the filing deadline for nomination papers
of persons seeking to be a nonparty political organization’s
candidate for elected office. The bill changes the deadlines
for filing nomination papers and objections to the same
deadline that is applied to persons seeking to be a political
party’s candidate for elected office.
The bill prohibits a county commissioner of elections
from participating in an absentee ballot drive or collection
effort in cooperation with a candidate, candidate’s committee,
political party, or nonparty political organization.
The bill requires county commissioners of elections to
ensure that each election precinct uses an electronic poll book
by February 26, 2020.
The bill moves the voter registration deadline for all
elections other than general elections from 11 days before an
election to 10 days before an election. The voter registration
deadline for general elections is currently 10 days before
the election. The bill does not affect election day voter
registration.
The bill allows the state commissioner of elections to
oversee the activities of county commissioners of elections
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during a period beginning 60 days prior to an election and
ending 60 days after an election.
The bill prohibits county commissioners of elections and
the state commissioner of elections from distributing sample
ballots to voters other than as required by the Code.
The bill changes the circumstances under which and places at
which a county commissioner of elections may create a satellite
voting location.
The bill requires the county commissioner of elections to
remove or obscure from public view any material displaying the
name of a candidate or elected official other than a ballot or
sample ballot.
The bill changes the closing time for polling places for
state primary and general elections, and other partisan
elections, and any other election held concurrently therewith
from 9:00 p.m. to 8:00 p.m. The bill requires that the opening
and closing times for polling places be placed on the internet
site of the legislative services agency, voter identification
cards, and property tax statements.
The bill requires the state commissioner of elections
to transmit a certified copy of a constitutional amendment
or public measure and a sample ballot to each county
commissioner of elections 63 days before an election at which a
constitutional amendment or public measure is to be submitted
to a vote of the entire people of the state. Current law
requires such certified copies and sample ballots to be sent 69
days before the election.
The bill requires any election other than a presidential
election that results in a tie to go to a special election. A
tied election for president shall result in the electors being
split between the candidates.
The bill allows a candidate requesting a recount to request
the presence of a county commissioner of elections from another
county at the recount. Such a commissioner may report any
irregularities observed by the commissioner at any time after
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the election to the state commissioner of elections.
The bill requires a recount for an election other than a
statewide election to include all precincts in which a ballot
for the contested election was cast.
The bill grants local law enforcement agencies and the state
patrol the authority to take all reasonable actions to prevent
violations of Code chapter 50 (canvass of votes).
The bill requires a county commissioner of elections who
receives an incomplete absentee ballot request to inform
the applicant within 24 hours of receipt of the request
by telephone or electronic mail if such information was
provided, and by mail if such information was not provided.
The bill prohibits a county commissioner of elections from
using the voter registration system to obtain additional
necessary information. The bill allows a county commissioner
of elections to verify the identity of an applicant for
an absentee ballot who cannot access the applicant’s voter
verification number by asking for at least two of the following
from the applicant: date of birth, the last four digits of
the applicant’s social security number, residential address,
mailing address, and middle name.
The bill requires a county commissioner of elections to
verify the identity of a person voting absentee in person in
the same manner as a poll worker verifying the identity of a
person voting at the polls on election day.
The bill allows an unregistered person seeking to vote
absentee at the office of a county commissioner of elections
prior to the voter registration deadline who does not have an
Iowa driver’s license, nonoperator’s identification card, or
voter identification number to vote absentee by satisfying the
voter identification requirements of Code section 49.78.
The bill changes the process by which absentee ballots
lacking a signature or appearing to have been signed by
someone other than the registered voter are verified. If such
a ballot is received by 5:00 p.m. on the Saturday before a
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general election or by 5:00 p.m. on the Friday before any other
election, the county commissioner of elections must contact the
voter within 24 hours and inform the voter how to remediate
the ballot. A ballot received after the applicable deadline
is sent to the absentee and special voters precinct board
for review. The absentee and special voters precinct board
determines that the affidavit is incomplete, the commissioner
shall inform the voter within 24 hours how the ballot may be
remediated if the ballot lacks a signature or appears to have
been signed by someone other than the registered voter.
The bill alters the timeline for contesting a gubernatorial
election and the makeup of a contest court for such a
challenge.
The bill requires that all absentee ballots be received
prior to the time the polls close on election day. An absentee
ballot received after this deadline shall not be counted.
The bill prohibits a person from placing on any published
material a name or abbreviation of a name intended to cause a
voter to believe that the person represents a political party
or nonparty political organization of which the person is not a
candidate.
The bill alters the timeline for holding a special election
to fill a vacant office and prohibits a person who has ever
been removed from office from being appointed to fill a
vacancy.
DIVISION IX —— CONFLICTS OF INTEREST. This division
relates to interests in certain contracts held by certain
county employees. The bill repeals the prohibition on
elected or appointed county employees holding an interest in
a contract for the construction, reconstruction, improvement,
or maintenance of any highway, bridge, or culvert, or the
furnishing of materials therefor. The bill requires a state
or county official who is a voting member of a governmental
entity responsible for awarding a contract pursuant to
competitive bidding procedures and is the apparent low bidder
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for the contract to abstain from voting to award the contract
and include an explanation of the official’s conflict in
the resolution entered pursuant to Code section 26.12. The
division takes effect March 18, 2021.
DIVISION X —— VOTER REGISTRATION. This division of the
bill relates to voter registration. The bill instructs the
state registrar of voters to develop a form to be distributed
to and completed by each student graduating from a regents
university prior to receiving a diploma. The student shall
indicate on the form whether the student will reside in Iowa
after graduation. Any student indicating that the student will
reside outside Iowa after graduation shall be removed from the
statewide voter registration system unless the student plans to
vote in Iowa pursuant to Code chapter 53, subchapter II.
The bill alters the process for removing inactive voter
registration records. The bill requires a county commissioner
of elections to, during the January immediately following each
presidential election, mark as inactive the voter registration
record of a voter who did not vote in the presidential election
and who has not registered again, reported a change to an
existing registration, and whose name was not reported by the
national change of address program. The county commissioner
shall also send a notice and return card to each such voter.
The commissioner shall send a second notice in April to
each person who does not respond to the first notice. The
commissioner shall cancel the voter registration of a person
who does not respond to a notice by July 1.
The bill sets the cost of receiving a voter registration
and participation report from the state registrar of voters at
$250. Under current law, the state registrar of voters shall
charge a person requesting such a report the cost of preparing
the report.
The bill requires each county commissioner of registration
to submit a report on voter list maintenance activities
annually to the state registrar of voters. The state registrar
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of voters shall publish such reports on the internet site of
the state registrar of voters.
DIVISION XI —— BALLOT ORDER. This division relates to the
order in which candidates appear on a ballot.
The division requires county commissioners of elections to
arrange ballots such that the candidates of the two political
parties receiving the highest number of votes shall each
appear first on the ballot for one gubernatorial election
and one presidential election in an eight-year period. The
candidates of a party appearing first on the ballot in half of
the counties in Iowa shall appear second on the ballot in the
other half of the counties.
DIVISION XII —— MUNICIPAL ELECTIONS. This division of the
bill makes technical changes to Code provisions relating to
municipal elections.
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