Bill Text: IA SSB1237 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct of elections, including nominations and procedures for proposed amendments to the Iowa Constitution, and including effective date provisions.(See SF 568.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-04 - Committee report approving bill, renumbered as SF 568. [SSB1237 Detail]
Download: Iowa-2021-SSB1237-Introduced.html
Senate
Study
Bill
1237
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
conduct
of
elections,
including
1
nominations
and
procedures
for
proposed
amendments
to
the
2
Iowa
Constitution,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
39.2,
subsection
4,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
For
a
county,
in
an
odd-numbered
year,
the
first
Tuesday
3
in
March,
the
second
Tuesday
in
September,
or
the
first
Tuesday
4
after
the
first
Monday
in
November.
For
a
county,
in
an
5
even-numbered
year,
the
first
Tuesday
in
March
,
or
the
second
6
Tuesday
in
September
,
or
the
first
Tuesday
after
the
first
7
Monday
in
November
.
8
Sec.
2.
Section
39.4,
Code
2021,
is
amended
to
read
as
9
follows:
10
39.4
Proclamation
concerning
revision
of
Constitution.
11
1.
In
the
years
in
which
the
Constitution
requires,
or
at
12
other
times
when
the
general
assembly
by
law
provides
for,
a
13
vote
on
the
question
of
calling
a
convention
and
revising
the
14
Constitution,
the
governor
shall
at
least
sixty
days
before
the
15
general
election
issue
a
proclamation
directing
that
at
the
16
general
election
there
be
proposed
to
the
people
the
following
17
question:
18
Shall
there
be
a
convention
to
revise
the
Constitution,
and
19
propose
amendment
or
amendments
to
same?
20
2.
The
question
proposed
pursuant
to
this
section
shall
be
21
considered
a
public
measure
for
the
purposes
of
sections
49.43
22
through
49.47.
23
Sec.
3.
Section
39.11,
Code
2021,
is
amended
to
read
as
24
follows:
25
39.11
More
than
one
office
prohibited.
26
1.
Statewide
elected
officials
and
members
of
the
general
27
assembly
shall
not
hold
more
than
one
elective
office
at
a
28
time.
All
other
elected
officials
shall
not
hold
more
than
29
one
elective
office
at
the
same
level
of
government
at
a
time.
30
This
section
does
not
apply
to
the
following
offices:
county
31
agricultural
extension
council
or
soil
and
water
conservation
32
district
commission.
33
2.
Notwithstanding
subsection
1,
an
elected
official
may
34
hold
a
second
elective
office
if
not
more
than
thirty
days
35
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remain
in
the
term
of
the
first
office
and
the
elected
official
1
did
not
seek
reelection
for
the
first
office
in
the
most
recent
2
election.
3
Sec.
4.
Section
39.12,
Code
2021,
is
amended
to
read
as
4
follows:
5
39.12
Failure
to
vacate.
6
An
elected
official
who
has
been
elected
to
another
elective
7
office
to
which
section
39.11
applies
shall
choose
only
one
8
office
in
which
to
serve
unless
otherwise
permitted
pursuant
9
to
section
39.11,
subsection
2
.
The
official
shall
resign
10
from
all
but
one
of
the
offices
to
which
section
39.11
applies
11
before
the
beginning
of
the
term
of
the
office
to
which
the
12
person
was
most
recently
elected
unless
otherwise
permitted
13
pursuant
to
section
39.11,
subsection
2
.
Failure
to
submit
the
14
required
resignation
will
result
in
a
vacancy
in
all
the
first
15
elective
offices
office
to
which
the
person
was
elected.
16
Sec.
5.
Section
43.11,
subsection
1,
Code
2021,
is
amended
17
to
read
as
follows:
18
1.
For
an
elective
county
office,
in
the
office
of
the
19
county
commissioner
not
earlier
than
ninety-two
days
nor
later
20
than
5:00
p.m.
on
the
sixty-ninth
seventy-fourth
day
before
the
21
day
fixed
for
holding
the
primary
election.
22
Sec.
6.
Section
43.16,
subsection
2,
paragraph
b,
Code
2021,
23
is
amended
to
read
as
follows:
24
b.
A
person
who
has
filed
nomination
papers
with
the
25
commissioner
may
withdraw
as
a
candidate
not
later
than
the
26
sixty-seventh
sixty-ninth
day
before
the
primary
election
by
27
notifying
the
commissioner
in
writing.
28
Sec.
7.
Section
43.23,
Code
2021,
is
amended
to
read
as
29
follows:
30
43.23
Death
or
withdrawal
of
primary
candidate.
31
1.
If
a
person
who
has
filed
nomination
papers
with
the
32
state
commissioner
as
a
candidate
in
a
primary
election
dies
33
or
withdraws
up
to
the
seventy-sixth
day
before
the
primary
34
election,
the
appropriate
convention
or
central
committee
of
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that
person’s
political
party
may
designate
one
additional
1
primary
election
candidate
for
the
nomination
that
person
2
was
seeking,
if
the
designation
is
submitted
to
the
state
3
commissioner
in
writing
by
5:00
p.m.
on
the
seventy-first
day
4
before
the
date
of
the
primary
election.
The
name
of
any
5
candidate
so
submitted
shall
be
included
in
the
appropriate
6
certificate
or
certificates
furnished
by
the
state
commissioner
7
under
section
43.22
.
8
2.
If
a
person
who
has
filed
nomination
papers
with
the
9
commissioner
as
a
candidate
in
a
primary
election
dies
or
10
withdraws
up
to
the
sixty-seventh
sixty-ninth
day
before
11
the
primary
election,
the
appropriate
convention
or
central
12
committee
of
that
person’s
political
party
may
designate
one
13
additional
primary
election
candidate
for
the
nomination
14
that
person
was
seeking,
if
the
designation
is
submitted
to
15
the
commissioner
in
writing
by
5:00
p.m.
on
the
sixty-third
16
sixty-fourth
day
before
the
primary
election.
The
name
of
17
any
candidate
so
submitted
shall
be
placed
on
the
appropriate
18
ballot
or
ballots
by
the
commissioner.
19
Sec.
8.
Section
43.24,
subsection
1,
paragraph
a,
Code
2021,
20
is
amended
to
read
as
follows:
21
a.
Objections
to
the
legal
sufficiency
of
a
nomination
22
petition
or
certificate
of
nomination
filed
or
issued
under
23
this
chapter
or
to
the
eligibility
of
a
candidate
may
be
filed
24
in
writing
by
any
person
who
would
have
the
right
to
vote
for
25
the
candidate
for
the
office
in
question.
Objections
relating
26
to
incorrect
or
incomplete
information
for
information
that
is
27
required
under
section
43.14
or
43.18
shall
be
sustained.
28
Sec.
9.
Section
43.24,
subsection
1,
paragraph
b,
29
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
30
(2)
Those
filed
with
the
commissioner,
not
less
than
31
sixty-four
sixty-seven
days
before
the
date
of
the
election,
32
or
for
certificates
of
nomination
filed
under
section
43.23
,
33
not
less
than
sixty-two
sixty-three
days
before
the
date
of
the
34
election.
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Sec.
10.
Section
43.78,
subsection
2,
Code
2021,
is
amended
1
to
read
as
follows:
2
2.
The
name
of
any
candidate
designated
to
fill
a
vacancy
3
on
the
general
election
ballot
in
accordance
with
subsection
4
1
,
paragraph
“a”
,
“b”
,
or
“c”
shall
be
submitted
in
writing
5
to
the
state
commissioner
not
later
than
5:00
p.m.
on
the
6
seventy-third
seventy-sixth
day
before
the
date
of
the
general
7
election.
8
Sec.
11.
Section
43.79,
Code
2021,
is
amended
to
read
as
9
follows:
10
43.79
Death
of
candidate
after
time
for
withdrawal.
11
The
death
of
a
candidate
nominated
as
provided
by
law
for
12
any
office
to
be
filled
at
a
general
election,
during
the
13
period
beginning
on
the
eighty-first
day
before
the
general
14
election,
in
the
case
of
any
candidate
whose
nomination
papers
15
were
filed
with
the
state
commissioner,
or
beginning
on
the
16
seventy-third
seventy-fourth
day
before
the
general
election,
17
in
the
case
of
any
candidate
whose
nomination
papers
were
filed
18
with
the
commissioner,
and
ending
on
the
last
day
before
at
19
the
time
the
polls
close
on
the
day
of
the
general
election
20
shall
not
operate
to
remove
the
deceased
candidate’s
name
from
21
the
general
election
ballot.
If
the
deceased
candidate
was
22
seeking
the
office
of
senator
or
representative
in
the
Congress
23
of
the
United
States,
governor,
attorney
general,
senator
or
24
representative
in
the
general
assembly
or
county
supervisor,
25
section
49.58
shall
control.
If
the
deceased
candidate
was
26
seeking
any
other
office,
and
as
a
result
of
the
candidate’s
27
death
a
vacancy
is
subsequently
found
to
exist,
the
vacancy
28
shall
be
filled
as
provided
by
chapter
69
.
29
Sec.
12.
Section
44.4,
subsection
2,
paragraph
a,
30
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
31
follows:
32
(1)
Those
filed
with
the
state
commissioner,
not
less
than
33
sixty-eight
seventy-four
days
before
the
first
Tuesday
after
34
the
first
Monday
in
June
in
each
even-numbered
year,
or
for
35
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certificates
of
nomination
filed
under
subsection
1,
paragraph
1
“b”
,
not
less
than
seventy-four
days
before
the
date
of
the
2
election.
3
(2)
Those
filed
with
the
commissioner,
not
less
than
4
sixty-four
sixty-seven
days
before
the
date
of
the
election
5
first
Tuesday
after
the
first
Monday
in
June
in
each
6
even-numbered
year
,
except
as
provided
in
subparagraph
(3).
7
Sec.
13.
Section
44.6,
Code
2021,
is
amended
to
read
as
8
follows:
9
44.6
Hearing
before
state
commissioner.
10
Objections
filed
with
the
state
commissioner
shall
be
11
considered
by
the
secretary
of
state
and
auditor
of
state
and
12
attorney
general,
and
a
majority
decision
shall
be
final;
but
13
if
the
objection
is
to
the
certificate
of
nomination
of
one
14
or
more
of
the
above
named
officers,
said
officer
or
officers
15
so
objected
to
shall
not
pass
upon
the
same,
but
their
places
16
shall
be
filled,
respectively,
by
the
treasurer
of
state,
17
the
governor,
and
the
secretary
of
agriculture.
Objections
18
relating
to
incorrect
or
incomplete
information
for
information
19
that
is
required
under
section
44.3
shall
be
sustained.
20
Sec.
14.
Section
44.7,
Code
2021,
is
amended
to
read
as
21
follows:
22
44.7
Hearing
before
commissioner.
23
Except
as
otherwise
provided
in
section
44.8
,
objections
24
filed
with
the
commissioner
shall
be
considered
by
the
county
25
auditor,
county
treasurer,
and
county
attorney,
and
a
majority
26
decision
shall
be
final.
However,
if
the
objection
is
to
the
27
certificate
of
nomination
of
one
or
more
of
the
above
named
28
county
officers,
the
officer
or
officers
objected
to
shall
not
29
pass
upon
the
objection,
but
their
places
shall
be
filled,
30
respectively,
by
the
chairperson
of
the
board
of
supervisors,
31
the
sheriff,
and
the
county
recorder.
Objections
relating
to
32
incorrect
or
incomplete
information
for
information
that
is
33
required
under
section
44.3
shall
be
sustained.
34
Sec.
15.
Section
44.8,
Code
2021,
is
amended
by
adding
the
35
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following
new
subsection:
1
NEW
SUBSECTION
.
3.
Objections
relating
to
incorrect
or
2
incomplete
information
for
information
that
is
required
under
3
section
44.3
shall
be
sustained.
4
Sec.
16.
Section
44.9,
subsections
1
and
2,
Code
2021,
are
5
amended
to
read
as
follows:
6
1.
In
the
office
of
the
state
commissioner,
at
least
7
sixty-eight
eighty-one
days
before
the
date
of
the
election
,
8
or
for
withdrawals
of
nominations
filed
under
section
44.4,
9
subsection
1,
paragraph
“b”
,
at
least
seventy-six
days
before
10
the
date
of
election
.
11
2.
In
the
office
of
the
appropriate
commissioner,
at
least
12
sixty-four
seventy-four
days
before
the
date
of
the
election,
13
except
as
otherwise
provided
in
subsection
6
.
14
Sec.
17.
Section
44.11,
Code
2021,
is
amended
to
read
as
15
follows:
16
44.11
Vacancies
filled.
17
If
a
candidate
named
under
this
chapter
withdraws
or
dies
18
before
the
deadline
established
in
section
44.9
,
declines
a
19
nomination,
or
dies
before
election
day,
or
if
a
certificate
of
20
nomination
is
held
insufficient
or
inoperative
by
the
officer
21
with
whom
it
is
required
to
be
filed,
or
in
case
any
objection
22
made
to
a
certificate
of
nomination,
or
to
the
eligibility
23
of
any
candidate
named
in
the
certificate,
is
sustained
by
24
the
board
appointed
to
determine
such
questions,
the
vacancy
25
or
vacancies
may
be
filled
by
the
convention,
or
caucus,
or
26
in
such
manner
as
such
convention
or
caucus
has
previously
27
provided.
The
vacancy
or
vacancies
shall
be
filled
not
less
28
than
seventy-four
seventy-six
days
before
the
election
in
29
the
case
of
nominations
required
to
be
filed
with
the
state
30
commissioner
or
not
less
than
seventy-one
days
for
nominations
31
filed
under
section
44.4,
subsection
1,
paragraph
“b”
,
not
less
32
than
sixty-four
sixty-nine
days
before
the
election
in
the
case
33
of
nominations
required
to
be
filed
with
the
commissioner,
not
34
less
than
forty-two
days
before
the
election
in
the
case
of
35
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nominations
required
to
be
filed
in
the
office
of
the
school
1
board
secretary,
and
not
less
than
forty-two
days
before
the
2
election
in
the
case
of
nominations
required
to
be
filed
with
3
the
commissioner
for
city
elections.
4
Sec.
18.
Section
48A.30,
subsection
1,
paragraph
a,
Code
5
2021,
is
amended
to
read
as
follows:
6
a.
The
registered
voter
dies.
For
the
purposes
of
this
7
subsection
,
the
commissioner
may
accept
as
evidence
of
death
a
8
notice
from
the
state
registrar
of
vital
statistics
forwarded
9
by
the
state
registrar
of
voters,
a
notice
from
the
federal
10
social
security
administration,
a
written
statement
from
a
11
person
related
to
the
registered
voter
within
the
second
degree
12
of
consanguinity
or
first
degree
of
affinity,
an
obituary
13
in
a
newspaper
or
that
appears
on
the
internet
site
of
a
14
funeral
establishment
licensed
under
chapter
156
or
by
the
15
proper
authority
of
another
state,
a
written
statement
from
an
16
election
official
or
personal
representative
of
the
registered
17
voter’s
estate,
or
a
notice
from
the
county
recorder
of
the
18
county
where
the
registered
voter
died.
19
Sec.
19.
Section
49.31,
subsection
2,
paragraph
c,
Code
20
2021,
is
amended
to
read
as
follows:
21
c.
On
the
general
election
ballot
the
names
of
candidates
22
for
the
nonpartisan
offices
listed
in
section
39.21
shall
23
be
arranged
by
drawing
lots
for
position.
The
commissioner
24
shall
hold
the
drawing
on
the
first
business
day
following
the
25
deadline
for
filing
of
nomination
certificates
or
petitions
26
with
the
commissioner
for
the
general
election
pursuant
to
27
section
44.4
sixty-eighth
day
prior
to
the
first
Tuesday
after
28
the
first
Monday
in
November
.
If
a
candidate
withdraws,
dies,
29
or
is
removed
from
the
ballot
after
the
ballot
position
of
30
names
has
been
determined,
such
candidate’s
name
shall
be
31
removed
from
the
ballot,
and
the
order
of
the
remaining
names
32
shall
not
be
changed.
33
Sec.
20.
NEW
SECTION
.
49.42B
Form
of
official
ballot
——
34
candidates
for
president
and
vice
president.
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When
candidates
for
president
and
vice
president
of
the
1
United
States
appear
on
the
ballot,
the
following
statement
2
shall
appear
directly
above
the
section
of
the
ballot
listing
3
such
candidates:
4
[A
ballot
cast
for
the
named
candidates
for
president
and
vice
5
president
of
the
United
States
is
considered
to
be
cast
for
6
the
slate
of
presidential
electors
nominated
by
the
political
7
party,
nonparty
political
organization,
or
independent
8
candidate.]
9
Sec.
21.
Section
49.43,
subsection
2,
Code
2021,
is
amended
10
to
read
as
follows:
11
2.
Constitutional
amendments
and
other
public
measures
may
12
shall
be
summarized
by
the
commissioner
as
provided
in
sections
13
49.44
and
52.25
.
14
Sec.
22.
Section
49.44,
subsection
1,
Code
2021,
is
amended
15
to
read
as
follows:
16
1.
When
a
proposed
constitutional
amendment
or
other
public
17
measure
to
be
decided
by
the
voters
of
the
entire
state
is
to
18
be
voted
upon,
the
state
commissioner
shall
prepare
a
written
19
summary
of
the
amendment
or
measure
including
the
number
of
20
the
amendment
or
statewide
public
measure
assigned
by
the
21
state
commissioner.
The
summary
shall
be
printed
immediately
22
preceding
the
text
of
the
proposed
amendment
or
measure
on
the
23
paper
ballot
or
optical
scan
ballot
referred
to
in
section
24
49.43
.
If
the
complete
text
of
the
proposed
amendment
or
25
public
measure
will
not
fit
on
the
ballot
it
shall
be
posted
26
inside
the
voting
booth.
A
copy
of
the
full
text
shall
be
27
included
with
any
absentee
ballots.
28
Sec.
23.
NEW
SECTION
.
49.47A
Public
measures
——
29
notification.
30
1.
For
a
public
measure
that
is
to
approve
the
issuance
of
31
a
bond,
the
county
commissioner
shall
mail
notification
to
all
32
registered
voters
eligible
to
vote
on
the
public
measure
not
33
later
than
twenty
days
before
the
election.
The
notification
34
shall
also
be
posted
prominently
in
the
county
commissioner’s
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office
and
on
the
internet
site
of
the
county
commissioner
1
beginning
twenty
days
before
the
election
and
remaining
until
2
the
time
the
polls
close.
3
2.
A
notification
sent
or
posted
pursuant
to
this
section
4
shall
include
the
current
property
tax
levy,
which
shall
5
immediately
follow
the
proposed
levy,
and
the
term
of
the
bond.
6
The
notification
shall
also
include
the
average
increase
or
7
decrease
in
the
property
tax
burden
of
an
average
home
in
each
8
county,
as
well
as
the
average
of
such
averages
if
the
proposed
9
levy
will
impact
homes
in
more
than
one
county,
according
to
10
data
provided
by
the
United
States
census
bureau.
11
3.
Costs
for
a
notification
sent
or
posted
pursuant
to
this
12
section
may
be
charged
to
the
entity
requesting
the
public
13
measure.
14
Sec.
24.
Section
49.53,
subsection
1,
Code
2021,
is
amended
15
to
read
as
follows:
16
1.
The
commissioner
shall
not
less
than
four
nor
more
than
17
twenty
days
before
the
day
of
each
election,
except
those
for
18
which
different
publication
requirements
are
prescribed
by
law,
19
publish
notice
of
the
election.
The
notice
shall
contain
a
20
facsimile
of
the
portion
of
the
ballot
containing
the
first
21
rotation
as
prescribed
by
section
49.31,
subsection
2
,
and
22
shall
show
list
the
names
of
all
candidates
or
nominees
and
the
23
office
each
seeks,
and
all
public
questions,
to
be
voted
upon
24
at
the
election.
The
sample
ballot
published
as
a
part
of
the
25
notice
may
at
the
discretion
of
the
commissioner
be
reduced
in
26
size
relative
to
the
actual
ballot
but
such
reduction
shall
27
not
cause
upper
case
letters
appearing
in
candidates’
names
or
28
in
summaries
of
public
measures
on
the
published
sample
ballot
29
to
be
less
than
nine
point
type.
The
notice
shall
also
state
30
the
date
of
the
election,
the
hours
the
polls
will
be
open,
31
that
each
voter
is
required
to
provide
identification
at
the
32
polling
place
before
the
voter
can
receive
and
cast
a
ballot,
33
the
location
of
each
polling
place
at
which
voting
is
to
occur
34
in
the
election,
and
the
names
of
the
precincts
voting
at
each
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polling
place
,
but
the
statement
need
not
set
forth
any
fact
1
which
is
apparent
from
the
portion
of
the
ballot
appearing
as
2
a
part
of
the
same
notice
.
The
notice
shall
include
the
full
3
text
of
all
public
measures
to
be
voted
upon
at
the
election.
4
The
notice
may
contain
one
or
more
facsimiles
of
the
portion
5
of
the
ballot
containing
the
first
rotation
as
prescribed
by
6
section
49.31,
subsection
2.
7
Sec.
25.
Section
49.57,
subsection
6,
Code
2021,
is
amended
8
to
read
as
follows:
9
6.
A
portion
of
the
ballot
shall
include
the
words
“Official
10
ballot”,
the
unique
identification
number
or
name
assigned
by
11
the
commissioner
to
the
ballot
style,
the
date
of
the
election,
12
and
the
impression
or
likeness
of
the
county
seal
of
the
county
13
of
the
commissioner
who
has
caused
the
ballot
to
be
printed
14
pursuant
to
section
49.51
.
15
Sec.
26.
Section
49.58,
subsection
1,
Code
2021,
is
amended
16
to
read
as
follows:
17
1.
If
any
candidate
nominated
by
a
political
party,
18
as
defined
in
section
43.2
,
for
the
office
of
senator
or
19
representative
in
the
Congress
of
the
United
States,
governor,
20
attorney
general,
or
senator
or
representative
in
the
general
21
assembly
dies
during
the
period
beginning
on
the
eighty-eighth
22
eighty-first
day
and
ending
at
the
time
the
polls
close
on
the
23
last
day
before
of
the
general
election,
or
if
any
candidate
24
so
nominated
for
the
office
of
county
supervisor
dies
during
25
the
period
beginning
on
the
seventy-third
seventy-fourth
day
26
and
ending
at
the
time
the
polls
close
on
the
last
day
before
27
of
the
general
election,
the
vote
cast
at
the
general
election
28
for
that
office
shall
not
be
canvassed
as
would
otherwise
be
29
required
by
chapter
50
.
Instead,
a
special
election
shall
be
30
held
on
the
first
Tuesday
after
the
second
Monday
in
December,
31
for
the
purpose
of
electing
a
person
to
fill
that
office.
32
Sec.
27.
Section
49.75,
Code
2021,
is
amended
to
read
as
33
follows:
34
49.75
Oath.
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Before
opening
the
polls,
each
of
the
board
members
shall
1
take
the
following
oath:
2
I,
A.
B.,
do
solemnly
swear
or
affirm
that
I
will
3
impartially,
and
to
the
best
of
my
knowledge
and
ability,
4
perform
the
duties
of
precinct
election
official
of
this
5
election,
and
will
studiously
endeavor
to
prevent
fraud,
6
deceit,
and
abuse
in
conducting
the
election.
7
I
understand
that
as
a
precinct
election
official,
I
have
8
access
to
certain
information
that
is
considered
confidential
9
and
is
protected
under
Code
chapters
22,
39A,
48A,
and
715C.
10
Due
to
this
protected
status,
I
agree
to
only
release
this
11
information
in
accordance
with
Iowa
law.
12
Additionally,
I
understand
that
the
prohibition
on
sharing
13
confidential
information
extends
before
and
after
the
hours
14
that
my
assigned
polling
place
is
open.
15
Sec.
28.
Section
49.78,
subsection
4,
Code
2021,
is
amended
16
to
read
as
follows:
17
4.
A
person
who
is
registered
to
vote
but
is
unable
18
to
present
a
form
of
identification
under
subsection
2
or
19
3
may
establish
identity
and
residency
in
the
precinct
by
20
written
oath
of
a
person
who
is
also
registered
to
vote
in
21
the
precinct.
Before
signing
an
oath
under
this
subsection,
22
the
attesting
registered
voter
shall
present
to
the
precinct
23
election
official
proof
of
the
voter’s
identity
as
provided
24
in
subsection
2
or
3.
The
attesting
registered
voter’s
oath
25
shall
attest
to
the
stated
identity
of
the
person
wishing
to
26
vote
and
that
the
person
is
a
current
resident
of
the
precinct.
27
The
oath
must
be
signed
by
the
attesting
registered
voter
in
28
the
presence
of
the
appropriate
precinct
election
official.
29
A
registered
voter
who
has
signed
two
oaths
on
election
day
30
attesting
to
a
person’s
identity
and
residency
as
provided
in
31
this
subsection
is
prohibited
from
signing
any
further
oaths
as
32
provided
in
this
subsection
on
that
day.
33
Sec.
29.
Section
49A.6,
Code
2021,
is
amended
to
read
as
34
follows:
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49A.6
Certification
——
sample
ballot.
1
The
state
commissioner
of
elections
shall,
not
less
than
2
sixty-nine
sixty-three
days
preceding
any
election
at
which
a
3
constitutional
amendment
or
public
measure
is
to
be
submitted
4
to
a
vote
of
the
entire
people
of
the
state,
transmit
to
the
5
county
commissioner
of
elections
of
each
county
a
certified
6
copy
of
the
amendment
or
measure
and
a
sample
of
the
ballot
to
7
be
used
in
such
cases,
prepared
in
accordance
with
law.
8
Sec.
30.
Section
50.11,
subsection
1,
Code
2021,
is
amended
9
to
read
as
follows:
10
1.
When
the
canvass
is
completed
one
of
the
precinct
11
election
officials
shall
publicly
announce
the
total
number
of
12
votes
received
by
each
of
the
persons
voted
for,
the
office
for
13
which
the
person
is
designated,
as
announced
by
the
designated
14
tally
keepers,
and
the
number
of
votes
for,
and
the
number
of
15
votes
against,
any
proposition
which
shall
have
been
submitted
16
to
a
vote
of
the
people.
A
precinct
election
official
shall
17
may,
at
the
request
of
the
commissioner
who
is
conducting
18
the
election,
communicate
the
election
results
by
telephone
19
or
and
shall
deliver
the
election
results
in
person
pursuant
20
to
section
50.14
to
the
commissioner
who
is
conducting
the
21
election
immediately
upon
completion
of
the
canvass.
22
Sec.
31.
Section
50.12,
Code
2021,
is
amended
to
read
as
23
follows:
24
50.12
Return
and
preservation
of
ballots.
25
Immediately
after
making
the
proclamation,
and
before
26
separating,
the
board
members
of
each
precinct
in
which
votes
27
have
been
received
by
paper
ballot
shall
enclose
in
an
envelope
28
or
other
container
all
ballots
which
have
been
counted
by
them,
29
except
those
endorsed
“Rejected
as
double”,
“Defective”,
or
30
“Objected
to”,
and
securely
seal
the
envelope.
The
signatures
31
of
all
board
members
of
the
precinct
shall
be
placed
across
32
the
seal
or
the
opening
of
the
container
so
that
it
cannot
33
be
opened
without
breaking
the
seal.
The
precinct
election
34
officials
,
or
a
precinct
election
official
not
delivering
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election
results
in
person
pursuant
to
section
50.14,
shall
1
return
all
the
ballots
to
the
commissioner
on
the
night
of
the
2
election
,
who
and
the
commissioner
shall
carefully
preserve
3
them
for
six
months.
Ballots
from
elections
for
federal
4
offices
shall
be
preserved
for
twenty-two
months.
The
sealed
5
packages
containing
voted
ballots
shall
be
opened
only
for
6
an
official
recount
authorized
by
section
50.48
,
50.49
,
or
7
50.50
,
for
an
election
contest
held
pursuant
to
chapters
57
8
through
62
,
to
conduct
an
audit
pursuant
to
section
50.51
,
or
9
to
destroy
the
ballots
pursuant
to
section
50.19
.
10
Sec.
32.
NEW
SECTION
.
50.14
Return
of
results.
11
When
election
results
are
delivered
in
person
to
the
12
commissioner
who
is
conducting
the
election,
the
printed
13
results
and
memory
device
of
the
voting
equipment
shall
be
14
returned
to
the
commissioner
on
election
night
by
two
precinct
15
election
officials
who
shall
be
of
different
political
parties
16
in
the
case
of
a
partisan
election.
The
printed
results
and
17
memory
device
shall
be
returned
in
a
securely
sealed
envelope
18
with
the
signatures
of
all
board
members
of
the
precinct
placed
19
across
the
seal
so
that
the
envelope
cannot
be
opened
without
20
breaking
the
seal.
21
Sec.
33.
Section
50.17,
Code
2021,
is
amended
to
read
as
22
follows:
23
50.17
Return
of
election
register.
24
The
precinct
election
register
prepared
for
each
election,
25
together
with
the
ballots
to
be
returned
pursuant
to
section
26
50.12
,
if
any,
and
the
signed
and
attested
tally
list,
shall
be
27
delivered
to
the
commissioner
by
one
of
the
precinct
election
28
officials
by
noon
of
the
day
following
the
election
who
does
29
not
deliver
the
election
results
in
person
pursuant
to
section
30
50.14
.
31
Sec.
34.
Section
50.23,
Code
2021,
is
amended
to
read
as
32
follows:
33
50.23
Messengers
for
missing
tally
lists.
34
The
commissioner
shall
send
messengers
for
all
tally
lists
35
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not
received
in
the
commissioner’s
office
by
noon
of
the
day
1
following
the
election
on
the
night
of
the
election
.
The
2
expense
of
securing
such
tally
lists
shall
be
paid
by
the
3
county.
4
Sec.
35.
Section
50.24,
subsection
2,
Code
2021,
is
amended
5
to
read
as
follows:
6
2.
Upon
convening,
the
board
shall
open
and
canvass
the
7
tally
lists
and
shall
prepare
abstracts
stating
the
number
of
8
votes
cast
in
the
county,
or
in
that
portion
of
the
county
9
in
which
the
election
was
held,
for
each
office
and
on
each
10
question
on
the
ballot
for
the
election.
The
board
shall
11
contact
the
chairperson
of
the
special
precinct
board
before
12
adjourning
and
include
in
the
canvass
any
write-in
votes
13
tallied
and
recorded
by
the
special
precinct
board
or
any
14
absentee
ballots
which
were
received
after
the
polls
closed
in
15
accordance
with
section
53.17
and
which
were
canvassed
by
the
16
special
precinct
board
after
election
day.
The
abstract
shall
17
further
indicate
the
name
of
each
person
who
received
votes
for
18
each
office
on
the
ballot,
and
the
number
of
votes
each
person
19
named
received
for
that
office,
and
the
number
of
votes
for
and
20
against
each
question
submitted
to
the
voters
at
the
election.
21
The
votes
of
all
write-in
candidates
who
each
received
less
22
than
five
percent
of
the
votes
cast
for
an
office
or
who
23
each
received
fewer
than
ten
votes
and
was
not
determined
to
24
be
elected
shall
be
reported
collectively
under
the
heading
25
“scattering”.
26
Sec.
36.
Section
50.51,
subsection
5,
Code
2021,
is
amended
27
to
read
as
follows:
28
5.
In
advance
of
any
all
other
election
elections
,
the
state
29
commissioner
may
shall
order
an
audit
of
the
election
in
the
30
manner
provided
in
this
section
.
31
Sec.
37.
Section
53.17A,
Code
2021,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
4.
The
state
commissioner
shall
by
February
34
26,
2024,
include
on
the
state
commissioner’s
internet
site
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an
application
through
which
a
voter
can
track
the
voter’s
1
absentee
ballot
request
form
and
absentee
ballot.
The
2
application
shall
provide
all
of
the
following
information:
3
a.
Whether
the
voter
returned
a
ballot
in
person,
by
mail,
4
or
by
voting
in
person
at
a
satellite
location.
5
b.
The
date
the
absentee
ballot
request
form
was
received
by
6
the
county
commissioner.
7
c.
The
date
the
absentee
ballot
was
mailed
or
given
to
the
8
voter.
9
d.
The
date
the
absentee
ballot
was
received
by
the
county
10
commissioner.
11
e.
The
date
the
county
commissioner
opened
the
outer
12
envelope.
13
f.
Whether
there
is
a
problem
with
the
absentee
ballot
14
request
form
or
absentee
ballot
that
requires
correction
by
the
15
voter,
along
with
instructions
for
the
voter
to
contact
the
16
county
commissioner
as
soon
as
possible
to
resolve
the
issue.
17
Sec.
38.
Section
53.49,
Code
2021,
is
amended
to
read
as
18
follows:
19
53.49
Applicable
to
armed
forces
and
other
citizens.
20
The
provisions
of
this
subchapter
as
to
absent
voting
shall
21
apply
only
to
absent
voters
in
the
armed
forces
of
the
United
22
States
as
defined
for
the
purpose
of
absentee
voting
in
section
23
53.37
.
The
provisions
of
sections
53.1
through
53.34
53.33
24
shall
apply
to
all
other
voters
not
members
of
the
armed
forces
25
of
the
United
States.
26
Sec.
39.
Section
54.9,
Code
2021,
is
amended
to
read
as
27
follows:
28
54.9
Compensation.
29
The
electors
shall
each
receive
a
compensation
of
30
five
dollars
one-half
of
the
federal
general
services
31
administration’s
per
diem
rate
for
the
relevant
date
and
32
location
for
every
day’s
attendance,
and
the
same
mileage
as
33
members
of
the
general
assembly
which
shall
be
paid
from
funds
34
not
otherwise
appropriated
from
the
general
fund
of
the
state.
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Sec.
40.
Section
99F.7,
subsection
11,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
A
license
to
conduct
gambling
games
in
a
county
shall
3
be
issued
only
if
the
county
electorate
approves
the
conduct
4
of
the
gambling
games
as
provided
in
this
subsection
.
The
5
board
of
supervisors,
upon
receipt
of
a
valid
petition
meeting
6
the
requirements
of
section
331.306
,
and
subject
to
the
7
requirements
of
paragraph
“e”
,
shall
direct
the
commissioner
of
8
elections
to
submit
to
the
registered
voters
of
the
county
a
9
proposition
to
approve
or
disapprove
the
conduct
of
gambling
10
games
in
the
county.
The
proposition
shall
be
submitted
at
an
11
election
held
on
a
date
specified
in
section
39.2,
subsection
12
4
,
paragraph
“a”
.
To
be
submitted
at
a
general
election,
the
13
petition
must
be
received
by
the
board
of
supervisors
at
least
14
five
working
days
before
the
last
day
for
candidates
for
county
15
offices
to
file
nomination
papers
for
the
general
election
16
pursuant
to
section
44.4
.
If
a
majority
of
the
county
voters
17
voting
on
the
proposition
favor
the
conduct
of
gambling
games,
18
the
commission
may
issue
one
or
more
licenses
as
provided
in
19
this
chapter
.
If
a
majority
of
the
county
voters
voting
on
20
the
proposition
do
not
favor
the
conduct
of
gambling
games,
a
21
license
to
conduct
gambling
games
in
the
county
shall
not
be
22
issued.
23
Sec.
41.
Section
277.4,
subsection
4,
Code
2021,
is
amended
24
to
read
as
follows:
25
4.
Any
person
on
whose
behalf
nomination
petitions
have
26
been
filed
under
this
section
may
withdraw
as
a
candidate
by
27
filing
a
signed
statement
to
that
effect
with
the
secretary
at
28
any
time
prior
to
5:00
p.m.
on
the
thirty-fifth
day
before
the
29
election
consistent
with
section
44.9,
subsection
5
.
30
Sec.
42.
Section
331.552,
subsection
4,
Code
2021,
is
31
amended
to
read
as
follows:
32
4.
a.
Keep
the
official
county
seal
provided
by
the
county.
33
The
official
seal
shall
be
an
impression
seal
on
the
face
of
34
which
shall
appear
the
name
of
the
county,
the
word
“county”,
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which
may
be
abbreviated,
and
the
word
“Iowa”.
A
county
shall
1
have
only
one
official
county
seal.
2
b.
Notwithstanding
paragraph
“a”
,
the
county
commissioner
3
of
elections
may
use
a
facsimile
of
the
official
county
seal
4
or
a
modified
facsimile
of
the
official
county
seal
for
the
5
purposes
of
election
duties
set
forth
in
sections
43.36
and
6
49.51,
and
section
49.57,
subsection
6.
If
modified,
the
7
county
seal
shall
contain
the
name
of
the
county,
the
word
8
“county”,
which
may
be
abbreviated,
the
word
“auditor”,
which
9
may
be
abbreviated,
and
the
word
“Iowa”.
10
Sec.
43.
Section
347.25,
subsection
1,
Code
2021,
is
amended
11
to
read
as
follows:
12
1.
The
election
of
hospital
trustees
whose
offices
are
13
established
by
this
chapter
or
chapter
145A
or
347A
shall
14
take
place
at
the
general
election
on
ballots
which
shall
15
not
reflect
a
nominee’s
political
affiliation.
Nomination
16
shall
be
made
by
petition
in
accordance
with
chapter
45
.
The
17
petition
form
shall
be
furnished
by
the
county
commissioner
18
of
elections,
shall
be
signed
by
fifty
eligible
electors
of
19
the
county,
and
shall
be
filed
with
the
county
commissioner
20
of
elections
at
least
sixty-nine
days
before
the
date
of
21
the
election
.
A
plurality
is
sufficient
to
elect
hospital
22
trustees.
23
Sec.
44.
Section
376.5,
Code
2021,
is
amended
to
read
as
24
follows:
25
376.5
Publication
of
ballot.
26
Notice
containing
a
copy
of
the
ballot
for
each
regular,
27
special,
primary,
or
runoff
city
election
must
shall
be
28
published
by
the
county
commissioner
of
elections
as
provided
29
in
section
362.3
,
except
that
notice
of
a
regular,
primary,
or
30
runoff
election
may
be
published
not
less
than
four
days
before
31
the
date
of
the
election.
The
published
notice
must
contain
32
list
the
names
of
all
candidates,
and
may
not
contain
any
party
33
designations.
The
published
notice
must
contain
include
any
34
question
to
be
submitted
to
the
voters.
The
notice
may
contain
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one
or
more
facsimiles
of
the
portion
of
the
ballot
containing
1
the
first
arrangement
of
candidates
as
prescribed
by
section
2
49.31,
subsection
2.
3
Sec.
45.
REPEAL.
Sections
43.80,
49A.10,
49A.11,
and
53.34,
4
Code
2021,
are
repealed.
5
Sec.
46.
REPEAL.
2017
Iowa
Acts,
chapter
155,
section
1,
6
is
repealed.
7
Sec.
47.
EFFECTIVE
DATE.
8
1.
Except
as
otherwise
provided,
this
Act,
being
deemed
of
9
immediate
importance,
takes
effect
upon
enactment.
10
2.
The
following
take
effect
January
1,
2022:
11
a.
The
section
of
this
Act
amending
section
43.11,
12
subsection
1.
13
b.
The
section
of
this
Act
amending
section
43.16,
14
subsection
2,
paragraph
“b”.
15
c.
The
section
of
this
Act
amending
section
43.24,
16
subsection
1,
paragraph
“b”,
subparagraph
(2).
17
d.
The
section
of
this
Act
amending
section
43.78,
18
subsection
2.
19
e.
The
section
of
this
Act
amending
section
43.79.
20
f.
The
section
of
this
Act
amending
section
44.4,
subsection
21
2,
paragraph
“a”,
subparagraphs
(1)
and
(2).
22
g.
The
section
of
this
Act
amending
section
44.9,
23
subsections
1
and
2.
24
h.
The
section
of
this
Act
amending
section
44.11.
25
i.
The
section
of
this
Act
amending
section
49.58,
26
subsection
1.
27
j.
The
section
of
this
Act
amending
section
50.51,
28
subsection
5.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
is
related
to
the
conduct
of
elections.
The
bill
33
adds
the
first
Tuesday
after
the
first
Monday
in
November
of
an
34
even-numbered
year
as
an
available
date
for
a
county
to
hold
a
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special
election
on
a
public
measure.
1
The
bill
requires
a
question
of
whether
a
convention
should
2
be
called
to
revise
the
Iowa
constitution,
which
is
required
3
by
the
Constitution
of
the
State
of
Iowa
to
be
submitted
every
4
decade,
to
be
treated
the
same
as
a
public
measure
on
a
ballot.
5
The
bill
allows
an
elected
official
to
be
elected
to
and
6
simultaneously
serve
in
a
second
office
if
there
is
not
more
7
than
thirty
days
remaining
in
the
term
of
the
first
office
8
and
the
official
has
not
sought
reelection
in
the
most
recent
9
election
to
the
first
office.
10
The
bill
provides
that
if
a
person
is
elected
to
multiple
11
incompatible
elective
offices
and
the
person
does
not
resign
12
from
all
but
one
of
the
elective
offices,
there
shall
be
a
13
vacancy
in
the
first
office
to
which
the
person
was
elected.
14
Under
current
law,
a
vacancy
occurs
in
all
of
the
offices
to
15
which
the
person
was
elected.
16
The
bill
changes
the
deadline
for
the
filing
and
withdrawal
17
of
nomination
papers
for
primary
elections,
as
well
as
the
18
filing
of
objections
to
the
nominations
of
candidates.
The
19
bill
requires
objections
to
the
form
of
nomination
papers
or
20
the
affidavit
of
candidacy
to
be
sustained.
The
bill
also
21
changes
the
timeline
for
the
replacement
of
a
candidate
who
22
withdraws
from
a
primary
or
general
election
or
dies.
23
The
bill
allows
a
county
commissioner
of
registration
to
24
cancel
a
voter’s
registration
if
the
commissioner
receives
25
notice
of
the
voter’s
death
from
the
federal
social
security
26
administration.
27
The
bill
sets
the
date
for
the
drawing
of
lots
for
the
28
arrangement
of
candidates
on
a
nonpartisan
ballot
to
the
68th
29
day
prior
to
the
first
Tuesday
after
the
first
Monday
in
30
November.
31
The
bill
requires
a
ballot
for
president
and
vice
president
32
of
the
United
States
to
disclose
that
a
vote
for
such
33
candidates
is
a
vote
for
the
slate
of
electors
selected
by
the
34
organization
nominating
such
candidates.
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The
bill
requires
constitutional
amendments
and
public
1
measures
to
be
summarized
by
the
state
commissioner
of
2
elections.
Current
law
allows
the
commissioner
to
summarize
3
constitutional
amendments
and
public
measures.
4
The
bill
requires
the
text
of
a
proposed
constitutional
5
amendment
to
be
posted
inside
the
voting
booth
if
the
entire
6
amendment
will
not
fit
on
the
ballot.
7
For
an
election
for
a
public
measure
to
approve
the
8
issuance
of
a
bond,
the
bill
requires
the
county
commissioner
9
of
elections
to
send
notification
to
all
voters
eligible
10
to
vote
on
the
measure
not
later
than
20
days
before
the
11
election
and
to
post
the
notification
in
the
office
of
the
12
county
commissioner
and
on
the
internet
site
of
the
county
13
commissioner.
The
notification
must
include
information
about
14
impacts
of
the
proposed
bond.
The
bill
allows
the
costs
of
15
such
a
notification
to
be
charged
to
the
entity
requesting
the
16
public
measure.
17
The
bill
changes
the
deadline
by
the
which
the
state
18
commissioner
of
elections
must
transfer
to
county
commissioners
19
of
elections
certified
copies
of
proposed
constitutional
20
amendments
and
public
measures
from
69
days
preceding
an
21
election
to
63
days
preceding
an
election.
22
Not
less
than
4
nor
more
than
20
days
before
an
election,
23
the
bill
requires
the
county
commissioner
of
elections
to
24
publish
notice
of
the
election
containing
a
list
of
candidates
25
and
public
measures
to
be
voted
upon.
The
bill
allows
the
26
notice
to
contain
a
facsimile
of
the
portion
of
the
ballot
27
containing
the
rotation
of
candidates.
Current
law
requires
28
the
notification
to
include
such
a
facsimile.
29
The
bill
adds
provisions
regarding
the
safeguarding
of
30
confidential
information
to
the
oath
taken
by
precinct
election
31
officials.
32
The
bill
requires
a
voter
who
is
attesting
to
the
33
identity
of
a
registered
voter
who
is
unable
to
produce
voter
34
identification
to
first
provide
proof
of
the
attesting
voter’s
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identity.
1
The
bill
alters
the
requirements
for
the
return
of
election
2
results
to
the
county
commissioner
of
elections.
If
election
3
results
are
communicated
to
the
county
commissioner
in
person,
4
the
bill
requires
two
precinct
election
officials
to
return
the
5
election
results
and
the
memory
device
used
by
voting
equipment
6
to
the
county
commissioner
in
a
sealed
envelope
signed
by
each
7
precinct
election
official
on
the
night
of
the
election.
The
8
two
precinct
election
officials
shall
be
of
different
political
9
parties
in
the
case
of
a
partisan
election.
The
bill
requires
10
a
third
precinct
election
official
to
return
the
ballots
and
11
election
register
to
the
county
commissioner.
The
bill
also
12
requires
ballots
to
be
returned
to
the
county
commissioner
on
13
the
night
of
the
election.
The
bill
allows
election
results
14
to
be
returned
by
telephone
only
at
the
request
of
the
county
15
commissioner.
16
The
bill
requires
a
county
board
of
supervisors
to
report
17
write-in
candidates
who
received
fewer
than
10
votes
and
were
18
not
elected
under
the
collective
heading
“scattering”
when
19
canvassing
votes
after
an
election.
20
The
bill
requires
the
state
commissioner
of
elections
to
21
order
election
audits
prior
to
all
elections
other
than
general
22
elections.
This
provision
of
the
bill
takes
effect
January
1,
23
2022.
24
The
bill
requires
the
state
commissioner
of
elections
to
25
develop
an
internet
application
to
allow
a
voter
to
track
the
26
voter’s
absentee
ballot
request
form
and
absentee
ballot
by
27
February
26,
2024.
The
application
must
also
inform
a
voter
28
of
an
error
in
the
voter’s
application
or
ballot
that
requires
29
correction
by
the
voter.
30
The
bill
changes
the
compensation
rate
for
presidential
31
electors
from
$5
per
day
of
attendance
to
one-half
of
the
32
relevant
federal
general
services
administration
per
diem
rate.
33
The
bill
removes
a
special
deadline
for
the
receipt
of
34
petitions
for
ballot
propositions
to
approve
the
conduct
of
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gambling
games
in
a
county.
The
bill
requires
such
petitions
1
to
be
submitted
as
required
for
other
petitions.
2
The
bill
changes
the
withdrawal
deadline
for
candidates
for
3
school
district
office
from
35
days
before
the
election
to
25
4
days
before
the
election.
5
The
bill
prohibits
a
county
from
having
more
than
one
6
official
seal.
However,
the
bill
allows
a
county
commissioner
7
of
elections
to
use
a
facsimile
or
modified
facsimile
of
a
8
county
seal
for
the
purposes
of
election
duties,
provided
that
9
a
modified
facsimile
contain
the
words
“county”
and
“auditor”,
10
which
may
be
abbreviated,
and
the
word
“Iowa”.
11
The
bill
requires
a
nomination
petition
for
a
hospital
12
trustee
to
be
filed
with
the
county
commissioner
of
elections
13
at
least
69
days
before
the
date
of
the
election.
14
The
bill
repeals
a
Code
section
relating
to
vacancies
in
15
nominations
of
presidential
electors.
The
bill
also
repeals
16
a
provision
of
law
making
the
willful
false
swearing
of
an
17
affidavit
a
fraudulent
practice.
The
bill
repeals
a
Code
18
section
authorizing
a
taxpayer
to
file
a
suit
to
test
the
19
legality
of
a
proposed
constitutional
amendment
and
a
Code
20
section
relating
to
the
parties
in
such
a
suit.
21
The
bill
repeals
a
section
of
2017
Iowa
Acts,
chapter
155,
22
that
was
not
codified
and
is
inconsistent
with
current
law.
23
The
bill
includes
an
effective
date
of
January
1,
2022,
for
24
sections
of
the
division
relating
to
ballot
vacancies.
The
25
other
provisions
of
the
bill
take
effect
upon
enactment
except
26
as
otherwise
noted.
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