House
File
652
-
Introduced
HOUSE
FILE
652
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
48)
A
BILL
FOR
An
Act
relating
to
the
administration
of
city
and
school
1
elections.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
44.9,
subsection
3,
Code
2019,
is
amended
1
to
read
as
follows:
2
3.
In
the
office
of
the
proper
school
board
secretary,
at
3
least
thirty-five
forty-two
days
before
the
day
of
a
regularly
4
scheduled
school
election.
5
Sec.
2.
Section
50.48,
subsection
7,
Code
2019,
is
amended
6
to
read
as
follows:
7
7.
If
the
election
is
an
election
held
by
a
city
which
8
is
not
the
final
election
for
the
office
in
question
a
city
9
primary
election
held
pursuant
to
section
376.7
,
the
recount
10
shall
progress
according
to
the
times
provided
by
this
11
subsection
.
If
this
subsection
applies
the
canvass
shall
be
12
held
by
the
second
day
after
the
election,
the
request
for
13
a
recount
must
be
made
by
the
third
day
after
the
election,
14
the
board
shall
convene
to
conduct
the
recount
by
the
sixth
15
day
after
the
election,
and
the
report
shall
be
filed
by
the
16
eleventh
eighth
day
after
the
election.
17
Sec.
3.
Section
50.48,
Code
2019,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
8.
When
a
city
council
has
chosen
a
runoff
20
election
pursuant
to
section
376.9,
the
recount
shall
progress
21
according
to
the
times
provided
by
this
subsection.
If
this
22
subsection
applies,
the
canvass
shall
be
conducted
pursuant
23
to
section
50.24.
The
request
for
a
recount
must
be
made
24
by
the
day
after
the
canvass,
and
the
board
shall
convene
25
for
the
first
time
not
later
than
the
first
Friday
following
26
the
canvass.
The
report
shall
be
filed
not
later
than
the
27
fourteenth
day
after
the
election.
28
Sec.
4.
Section
260C.12,
subsection
1,
as
amended
by
2017
29
Iowa
Acts,
chapter
155,
section
2,
is
amended
to
read
as
30
follows:
31
1.
The
board
of
directors
of
the
merged
area
shall
organize
32
at
the
first
regular
meeting
following
the
regular
school
33
election
or
at
a
special
meeting
called
by
the
secretary
of
the
34
board
to
organize
the
board
in
advance
of
the
first
regular
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meeting
following
the
regular
school
election
after
the
canvass
1
for
the
regular
school
election
.
Organization
of
the
board
2
shall
be
effected
by
the
election
of
a
president
and
other
3
officers
from
the
board
membership
as
board
members
determine.
4
The
board
of
directors
shall
appoint
a
secretary
and
a
5
treasurer
who
shall
each
give
bond
as
prescribed
in
section
6
291.2
and
who
shall
each
receive
the
salary
determined
by
the
7
board.
The
secretary
and
treasurer
shall
perform
duties
under
8
chapter
291
and
additional
duties
the
board
of
directors
deems
9
necessary.
However,
the
board
may
appoint
one
person
to
serve
10
as
the
secretary
and
treasurer.
If
one
person
serves
as
the
11
secretary
and
treasurer,
only
one
bond
is
necessary
for
that
12
person.
The
frequency
of
meetings
other
than
organizational
13
meetings
shall
be
as
determined
by
the
board
of
directors
but
14
the
president
or
a
majority
of
the
members
may
call
a
special
15
meeting
at
any
time.
16
Sec.
5.
Section
260C.15,
subsection
5,
as
amended
by
2017
17
Iowa
Acts,
chapter
155,
section
4,
is
amended
to
read
as
18
follows:
19
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
20
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
21
section
277.20
.
In
each
county
whose
commissioner
of
elections
22
is
responsible
under
section
47.2
for
conducting
elections
23
held
for
a
merged
area,
the
county
board
of
supervisors
shall
24
convene
on
the
last
Monday
in
November
or
at
the
last
regular
25
board
meeting
in
November,
on
the
second
Monday
or
Tuesday
26
after
the
day
of
the
election
to
canvass
the
abstracts
of
votes
27
cast
and
declare
the
results
of
the
voting.
The
commissioner
28
shall
at
once
issue
certificates
of
election
to
each
person
29
declared
elected,
and
shall
certify
to
the
merged
area
board
in
30
substantially
the
manner
prescribed
by
section
50.27
the
result
31
of
the
voting
on
any
public
question
submitted
to
the
voters
32
of
the
merged
area.
Members
elected
to
the
board
of
directors
33
of
a
merged
area
shall
qualify
by
taking
the
oath
of
office
34
prescribed
in
section
277.28
.
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Sec.
6.
Section
277.4,
subsection
3,
Code
2019,
is
amended
1
to
read
as
follows:
2
3.
The
secretary
of
the
school
board
shall
accept
the
3
petition
for
filing
if
on
its
face
it
appears
to
have
the
4
requisite
number
of
signatures
and
if
it
is
timely
filed.
The
5
secretary
of
the
school
board
shall
note
upon
each
petition
6
and
affidavit
accepted
for
filing
the
date
and
time
that
the
7
petition
was
filed.
The
secretary
of
the
school
board
shall
8
deliver
all
nomination
petitions,
together
with
the
complete
9
text
of
any
public
measure
being
submitted
by
the
board
to
the
10
electorate,
to
the
county
commissioner
of
elections
on
the
day
11
following
the
last
day
on
which
nomination
petitions
can
be
12
filed,
and
not
later
than
5:00
p.m.
12:00
noon
on
that
day.
13
Sec.
7.
Section
279.1,
subsection
1,
Code
2019,
is
amended
14
to
read
as
follows:
15
1.
The
board
of
directors
of
each
school
corporation
shall
16
meet
and
organize
at
the
first
regular
meeting
or
at
a
special
17
meeting
called
by
the
secretary
of
the
board
to
organize
the
18
board
in
advance
of
the
first
regular
meeting
after
the
canvass
19
for
the
regular
school
election
at
some
suitable
place
to
be
20
designated
by
the
secretary.
Notice
of
the
place
and
hour
of
21
the
meeting
shall
be
given
by
the
secretary
to
each
member
and
22
member-elect
of
the
board.
23
Sec.
8.
Section
376.5,
Code
2019,
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
be
published
by
28
the
county
commissioner
of
elections
as
provided
in
section
29
362.3
,
except
that
notice
of
a
regular,
primary,
or
runoff
30
election
may
be
published
not
less
than
four
days
before
the
31
date
of
the
election.
The
published
ballot
notice
must
contain
32
the
names
of
all
candidates,
and
may
not
contain
any
party
33
designations.
The
published
ballot
notice
must
contain
any
34
question
to
be
submitted
to
the
voters.
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Sec.
9.
Section
376.7,
Code
2019,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3.
If
the
city
holding
a
primary
3
election
is
located
in
more
than
one
county,
the
controlling
4
commissioner
for
that
city
under
section
47.2,
subsection
5
2,
shall
conduct
a
second
canvass
on
the
first
Monday
or
6
Tuesday
after
the
day
of
the
election.
However,
if
a
recount
7
is
requested
pursuant
to
section
50.48,
the
controlling
8
commissioner
shall
conduct
the
second
canvass
within
two
9
business
days
after
the
conclusion
of
the
recount
proceeding.
10
Each
commissioner
conducting
a
canvass
for
the
city
pursuant
11
to
section
50.24,
subsection
1,
shall
transmit
abstracts
for
12
the
offices
of
that
city
to
the
controlling
commissioner
for
13
that
city,
along
with
individual
tallies
for
each
write-in
14
candidate.
At
the
second
canvass,
the
county
board
of
15
supervisors
of
the
county
of
the
controlling
commissioner
shall
16
canvass
the
abstracts
received
pursuant
to
this
subsection
and
17
shall
prepare
a
combined
city
abstract
stating
the
number
of
18
votes
cast
in
the
city
for
each
office.
The
combined
city
19
abstract
shall
further
indicate
the
name
of
each
person
who
20
received
votes
for
each
office
on
the
ballot,
and
the
number
of
21
votes
each
person
received
for
that
office.
The
votes
of
all
22
write-in
candidates
who
each
received
less
than
five
percent
23
of
the
total
votes
cast
in
the
city
for
an
office
shall
be
24
reported
collectively
under
the
heading
“scattering”.
25
Sec.
10.
Section
376.9,
subsection
1,
Code
2019,
is
amended
26
to
read
as
follows:
27
1.
A
runoff
election
may
be
held
only
for
positions
unfilled
28
because
of
failure
of
a
sufficient
number
of
candidates
to
29
receive
a
majority
vote
in
the
regular
city
election.
When
a
30
council
has
chosen
a
runoff
election
in
lieu
of
a
primary,
the
31
county
board
of
supervisors
shall
publicly
canvass
the
tally
32
lists
of
the
vote
cast
in
the
regular
city
election,
following
33
the
procedures
prescribed
in
section
50.24
,
at
a
meeting
to
be
34
held
on
the
second
day
following
the
regular
city
election,
and
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beginning
no
earlier
than
1:00
p.m.
on
that
day
.
Candidates
1
who
do
not
receive
a
majority
of
the
votes
cast
for
an
office,
2
but
who
receive
the
highest
number
of
votes
cast
for
that
3
office
in
the
regular
city
election,
to
the
extent
of
twice
4
the
number
of
unfilled
positions,
are
candidates
in
the
runoff
5
election.
6
Sec.
11.
2017
Iowa
Acts,
chapter
155,
section
45,
is
amended
7
to
read
as
follows:
8
SEC.
45.
TERM
OF
OFFICE
——
TRANSITION
PROVISIONS.
9
1.
Notwithstanding
the
provisions
of
section
260C.11
10
designating
a
term
of
four
years
for
members
of
a
board
of
11
directors
of
a
merged
area,
the
term
of
office
for
a
seat
on
a
12
board
of
directors
filled
at
the
regular
school
election
held
13
on:
14
a.
September
8,
2015,
shall
expire
November
5,
2019
upon
15
the
board’s
organizational
meeting
held
pursuant
to
section
16
260C.12,
subsection
1
.
17
b.
September
12,
2017,
shall
expire
November
2,
2021
upon
18
the
board’s
organizational
meeting
held
pursuant
to
section
19
260C.12,
subsection
1
.
20
2.
Notwithstanding
the
provisions
of
section
273.8,
21
subsection
1
,
designating
a
term
of
four
years
for
members
of
22
a
board
of
directors
of
an
area
education
agency,
the
term
of
23
office
for
a
seat
on
a
board
of
directors
filled
by
election
24
in:
25
a.
September
2015
shall
expire
November
30,
2019.
26
b.
September
2017
shall
expire
November
30,
2021.
27
3.
Notwithstanding
the
provisions
of
section
274.7
28
designating
a
term
of
four
years
for
members
of
a
board
of
29
directors
of
a
school
district,
the
term
of
office
for
a
seat
30
on
a
board
of
directors
filled
at
the
regular
school
election
31
held
on:
32
a.
September
8,
2015,
shall
expire
November
5,
2019
upon
the
33
board’s
organizational
meeting
held
pursuant
to
section
279.1
.
34
b.
September
12,
2017,
shall
expire
November
2,
2021
upon
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the
board’s
organizational
meeting
held
pursuant
to
section
1
279.1
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
administration
of
combined
city
and
6
school
elections.
The
bill
changes
the
withdrawal
deadline
7
for
candidates
in
a
school
election
from
35
days
before
the
8
election
to
42
days
before
the
election,
the
same
deadline
for
9
candidates
in
a
city
election.
The
bill
applies
the
recount
10
provisions
of
Code
section
50.48(7)
to
city
primary
elections
11
held
pursuant
to
Code
section
376.7
and
requires
the
recount
12
board
for
such
recounts
to
file
a
report
by
the
eighth
day
13
after
the
election.
14
The
bill
changes
the
timeline
for
recounts
for
city
runoff
15
elections.
The
bill
requires
the
canvass
for
such
elections
16
to
be
held
on
the
first
Monday
or
Tuesday
after
the
day
of
17
the
election.
The
bill
requires
a
request
for
a
recount
of
18
such
an
election
to
be
filed
by
the
day
after
the
canvass,
and
19
the
recount
board
to
convene
no
later
than
the
first
Friday
20
following
the
canvass.
The
bill
requires
the
report
of
the
21
recount
board
to
be
filed
not
later
than
the
fourteenth
day
22
after
the
election.
23
The
bill
requires
the
board
of
directors
of
a
merged
area
24
to
organize
at
the
first
regular
or
special
meeting
after
the
25
canvass
of
the
regular
school
election.
The
bill
also
changes
26
the
date
of
the
canvass
for
an
election
held
in
a
merged
area
27
to
the
second
Monday
or
Tuesday
following
an
election,
the
28
same
deadline
for
a
second
canvass
required
of
certain
cities
29
and
school
districts
pursuant
to
2017
Iowa
Acts,
chapter
155,
30
section
28.
31
The
bill
moves
the
deadline
for
the
secretary
of
a
school
32
board
to
deliver
nomination
petitions,
along
with
the
text
of
33
any
public
measure
being
submitted
by
the
school
board,
from
34
5:00
p.m.
on
the
day
following
the
last
day
on
which
petitions
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can
be
accepted
to
noon
on
that
day.
1
The
bill
allows
the
board
of
directors
of
a
school
2
corporation
to
organize
at
a
special
meeting
called
by
the
3
secretary
of
the
board
to
organize
the
board
after
the
canvass
4
of
an
election
for
school
board
members.
5
The
bill
creates
rules
regarding
the
canvassing
and
6
recounting
of
primary
elections
in
cities
located
in
more
than
7
one
county.
8
The
bill
changes
the
expiration
date
of
the
terms
of
office
9
of
members
of
boards
of
directors
of
a
merged
area
or
school
10
district
elected
in
September
2015
or
2017
to
the
day
of
the
11
board’s
organizational
meeting
following
the
election.
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