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Text: HF00493                           Text: HF00495
Text: HF00400 - HF00499                 Text: HF Index
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House File 494

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 43.49, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3.  The votes of all write-in candidates
  1  4 who each received less than two percent of the votes cast for
  1  5 an office reported collectively under the heading
  1  6 "scattering".
  1  7    Sec. 2.  Section 43.53, Code 1995, is amended to read as
  1  8 follows:
  1  9    43.53  NOMINEES FOR SUBDIVISION OFFICE &endash; WRITE-IN
  1 10 CANDIDATES.
  1 11    The nominee of each political party for any office to be
  1 12 filled by the voters of any township or other political
  1 13 subdivision within the county shall be the person receiving
  1 14 the highest number of votes cast in the primary election by
  1 15 the voters of that party for the office and that.  That person
  1 16 shall appear as the party's candidate for the office on the
  1 17 general election ballot.  A person whose name is not printed
  1 18 on the official primary ballot shall not be declared nominated
  1 19 as a candidate for such office in the general election unless
  1 20 that person receives the greater of at least five votes or a
  1 21 number of votes equal to at least five percent of the votes
  1 22 cast in the subdivision at the last preceding general election
  1 23 for the party's candidate for president of the United States
  1 24 or for governor, as the case may be.  Nomination of a
  1 25 candidate for the office of county supervisor elected from a
  1 26 district within the county shall be governed by section 43.52
  1 27 and not by this section.
  1 28    Sec. 3.  Section 43.63, Code 1995, is amended by striking
  1 29 the section and inserting in lieu thereof the following:
  1 30    43.63  CANVASS BY STATE BOARD.
  1 31    Upon receipt of the abstracts of votes from the counties,
  1 32 the secretary of state shall immediately open the envelopes
  1 33 and canvass the results for all offices.  The secretary of
  1 34 state shall invite to attend the canvass one representative
  1 35 from each political party which, at the last preceding general
  2  1 election, cast for its candidate for president of the United
  2  2 States or for governor, as the case may be, at least two
  2  3 percent of the total vote cast for all candidates for that
  2  4 office at that election, as determined by the secretary of
  2  5 state.  The secretary of state shall notify the chairperson of
  2  6 each political party of the time of the canvass.  However, the
  2  7 presence of a representative from a political party is not
  2  8 necessary for the canvass to proceed.
  2  9    Not later than the twenty-seventh day after the primary
  2 10 election, the secretary of state shall present to the state
  2 11 board of canvassers abstracts showing the number of ballots
  2 12 cast by each political party for each office and a summary of
  2 13 the results for each office, showing the votes cast in each
  2 14 county.  The state board of canvassers shall review the
  2 15 results compiled by the secretary of state and, if the results
  2 16 are accurately tabulated, the state board shall approve the
  2 17 canvass.
  2 18    Sec. 4.  Section 43.88, unnumbered paragraph 2, Code 1995,
  2 19 is amended to read as follows:
  2 20    Nominations made to fill vacancies at a special election
  2 21 shall be certified to the proper official not less than twenty
  2 22 days prior to the date set for the special election.  In the
  2 23 event the special election is to fill a vacancy in the general
  2 24 assembly while it is in session or within forty-five days of
  2 25 the convening of any session, the time limit herein provided
  2 26 nomination shall not apply be certified not less than fourteen
  2 27 days before the date of the special election.
  2 28    Sec. 5.  Section 44.4, unnumbered paragraph 1, Code 1995,
  2 29 is amended to read as follows:
  2 30    Nominations made pursuant to this chapter and chapter 45
  2 31 which are required to be filed in the office of the state
  2 32 commissioner shall be filed in that office not more than
  2 33 ninety-nine days nor later than five p.m. on the eighty-first
  2 34 day before the date of the general election to be held in
  2 35 November.  Nominations made for a special election called
  3  1 pursuant to section 69.14 shall be filed by five p.m. not less
  3  2 than twenty days before the date of an election called upon at
  3  3 least forty days' notice and not less than seven fourteen days
  3  4 before the date of an election called upon at least ten
  3  5 eighteen days' notice.  Nominations made for a special
  3  6 election called pursuant to section 69.14A shall be filed by
  3  7 five p.m. not less than twenty days before the date of the
  3  8 election.  Nominations made pursuant to this chapter and
  3  9 chapter 45 which are required to be filed in the office of the
  3 10 commissioner shall be filed in that office not more than
  3 11 ninety-two days nor later than five p.m. on the sixty-ninth
  3 12 day before the date of the general election.  Nominations made
  3 13 pursuant to this chapter or chapter 45 for city office shall
  3 14 be filed not more than seventy-two days nor later than five
  3 15 p.m. on the forty-seventh day before the city election with
  3 16 the city clerk, who shall process them as provided by law.
  3 17    Sec. 6.  Section 47.8, subsection 1, Code 1995, is amended
  3 18 to read as follows:
  3 19    1.  There is established a A state voter registration
  3 20 commission is established which shall meet at least quarterly
  3 21 to make and review policy, adopt rules, and establish
  3 22 procedures to be followed by the registrar in discharging the
  3 23 duties of that office, and to promote interagency cooperation
  3 24 and planning.  The commission shall consist of the state
  3 25 commissioner of elections or the state commissioner's
  3 26 designee, and the state chairpersons of the two political
  3 27 parties whose candidates for president of the United States or
  3 28 governor, as the case may be, received the greatest and next
  3 29 greatest number of votes in the most recent general election,
  3 30 or their respective designees, who and a county commissioner
  3 31 of registration appointed by the president of the Iowa state
  3 32 association of county auditors, or an employee of the
  3 33 commissioner.  The commission membership shall be balanced by
  3 34 political party affiliation pursuant to section 69.16.
  3 35 Members shall serve without additional salary or
  4  1 reimbursement.
  4  2    The state commissioner of elections, or the state
  4  3 commissioner's designee, shall serve as chairperson of the
  4  4 state voter registration commission.
  4  5    Sec. 7.  Section 47.8, subsection 3, Code 1995, is amended
  4  6 to read as follows:
  4  7    3.  The registrar shall provide staff services to the
  4  8 commission and shall make available to it all information
  4  9 relative to the activities of the registrar's office in
  4 10 connection with the voter registration of voters in this state
  4 11 policy which may be requested by any commission member.  The
  4 12 registrar shall also provide to the commission at no charge
  4 13 statistical reports for planning and analyzing voter
  4 14 registration services in the state.
  4 15    PARAGRAPH DIVIDED.  The commission may authorize the
  4 16 registrar to employ such additional staff personnel as it
  4 17 deems necessary to permit the duties of the registrar's office
  4 18 to be adequately and promptly discharged.  Such personnel
  4 19 shall be employed pursuant to chapter 19A.
  4 20    Sec. 8.  Section 49.66, Code 1995, is amended to read as
  4 21 follows:
  4 22    49.66  RESERVE SUPPLY OF BALLOTS.
  4 23    The commissioner shall provide and retain at the
  4 24 commissioner's office an ample supply of ballots, in addition
  4 25 to those distributed to the several voting precincts, and if.
  4 26 If at any time the ballots furnished to any precinct shall be
  4 27 lost, destroyed, or if the chairperson of the precinct
  4 28 election officials determines that the supply of ballots will
  4 29 be exhausted before the polls are closed, on written
  4 30 application, signed by a majority of the chairperson of the
  4 31 precinct election officials of such the precinct, or signed
  4 32 and sworn to by one of such officials, the shall immediately
  4 33 contact the commissioner by telephone.  If no telephone is
  4 34 available, a messenger shall be sent to the commissioner with
  4 35 a written application for additional ballots.  The application
  5  1 shall be signed by a majority of the precinct election
  5  2 officials.  The commissioner shall keep written records of all
  5  3 requests for additional ballots and shall immediately cause to
  5  4 be delivered to such the officials, at the polling place, such
  5  5 additional supply of ballots as may be required, and
  5  6 sufficient to comply with the provisions of this chapter.
  5  7    Sec. 9.  Section 49.67, Code 1995, is amended by striking
  5  8 the section and inserting in lieu thereof the following:
  5  9    49.67  FORM OF RESERVE SUPPLY.
  5 10    The number of reserve ballots for each precinct shall be
  5 11 determined by the commissioner.
  5 12    If necessary, the commissioner or the commissioner's
  5 13 designee may make photocopies of official ballots to replace
  5 14 or replenish ballot supplies.  The commissioner shall keep a
  5 15 record of the number of photocopied ballots made for each
  5 16 precinct, the name of the person who made the photocopies, and
  5 17 the date, time, and location at which the photocopies were
  5 18 made.  These records shall be made on forms and following
  5 19 procedures prescribed by the secretary of state by
  5 20 administrative rule.
  5 21    In any precinct where photocopied ballots are used, each
  5 22 photocopied ballot shall be initialed as required by section
  5 23 49.82 by two precinct officials immediately before being
  5 24 issued to the voter.  In partisan elections the two precinct
  5 25 officials shall be of different political parties.
  5 26    Sec. 10.  Section 50.24, unnumbered paragraph 1, Code 1995,
  5 27 is amended to read as follows:
  5 28    The county board of supervisors shall meet to canvass the
  5 29 vote on the first Monday or Tuesday after the day of each
  5 30 election to which this chapter is applicable, unless the law
  5 31 authorizing the election specifies another date for the
  5 32 canvass.  If that Monday or Tuesday is a public holiday,
  5 33 section 4.1, subsection 34 controls.  Upon convening, the
  5 34 board shall open and canvass the tally lists and shall prepare
  5 35 abstracts stating, in words written at length, the number of
  6  1 votes cast in the county, or in that portion of the county in
  6  2 which the election was held, for each office and on each
  6  3 question on the ballot for the election.  The board shall
  6  4 contact the chairperson of the special precinct board before
  6  5 adjourning and include in the canvass any absentee ballots
  6  6 which were received after the polls closed in accordance with
  6  7 section 53.17 and which were canvassed by the special precinct
  6  8 board after election day.  The abstract shall further indicate
  6  9 the name of each person who received votes for each office on
  6 10 the ballot, and the number of votes each person named received
  6 11 for that office, and the number of votes for and against each
  6 12 question submitted to the voters at the election.  The votes
  6 13 of all write-in candidates who each received less than two
  6 14 percent of the votes cast for an office shall be reported
  6 15 collectively under the heading "scattering".
  6 16    Sec. 11.  Section 50.36, Code 1995, is amended by striking
  6 17 the section and inserting in lieu thereof the following:
  6 18    50.36  ENVELOPES CONTAINING OTHER ABSTRACTS &endash; CANVASS.
  6 19    The secretary of state, upon receipt of the envelopes
  6 20 containing the abstracts of votes, shall open and canvass the
  6 21 abstracts for all offices except governor and lieutenant
  6 22 governor.
  6 23    The secretary of state shall invite to attend the canvass
  6 24 one representative from each political party which, at the
  6 25 last preceding general election, cast for its candidate for
  6 26 president of the United States or for governor, as the case
  6 27 may be, at least two percent of the total vote cast for all
  6 28 candidates for that office at that election, as determined by
  6 29 the secretary of state.  The secretary of state shall notify
  6 30 the chairperson of each political party of the time of the
  6 31 canvass.  However, the presence of a representative from a
  6 32 political party is not necessary for the canvass to proceed.
  6 33    Sec. 12.  Section 50.37, Code 1995, is amended to read as
  6 34 follows:
  6 35    50.37  STATE CANVASSING BOARD.
  7  1    The executive council shall constitute a board of
  7  2 canvassers of all abstracts of votes required to be filed with
  7  3 the state commissioner, except for the offices of governor and
  7  4 lieutenant governor.  No member of such board shall take part
  7  5 in canvassing the votes for an office for which the member is
  7  6 a candidate.  Any clerical error found by the secretary of
  7  7 state or state board of canvassers shall be corrected by the
  7  8 county commissioner in a letter addressed to the state board
  7  9 of canvassers.
  7 10    Sec. 13.  Section 50.38, Code 1995, is amended by striking
  7 11 the section and inserting in lieu thereof the following:
  7 12    50.38  TIME OF STATE CANVASS.
  7 13    Not later than twenty-seven days after the day of the
  7 14 election, the secretary of state shall present to the board of
  7 15 state canvassers abstracts of votes cast at the election
  7 16 showing the number of ballots cast for each office and a
  7 17 summary of the results for each office, showing the votes cast
  7 18 in each county.  The state board of canvassers shall review
  7 19 the results compiled by the secretary of state and, if the
  7 20 results are accurately tabulated, the state board shall
  7 21 approve the canvass.
  7 22    Sec. 14.  NEW SECTION.  50.49  RECOUNTS FOR PUBLIC
  7 23 MEASURES.
  7 24    A recount for any public measure shall be ordered by the
  7 25 board of canvassers if a petition requesting a recount is
  7 26 filed with the county commissioner not later than three days
  7 27 after the completion of the canvass of votes for the election
  7 28 at which the question appeared on the ballot.  The petition
  7 29 shall be signed by the greater of not less than ten eligible
  7 30 electors or a number of eligible electors equaling one percent
  7 31 of the total number of votes cast upon the public measure.
  7 32 Each petitioner must be a person who was entitled to vote on
  7 33 the public measure in question or would have been so entitled
  7 34 if registered to vote.
  7 35    The recount shall be conducted by a board which shall
  8  1 consist of:
  8  2    1.  A designee named in the petition requesting the
  8  3 recount.
  8  4    2.  A designee named by the commissioner at or before the
  8  5 time the board is required to convene.
  8  6    3.  A person chosen jointly by the members designated under
  8  7 subsections 1 and 2.
  8  8    The commissioner shall convene the persons designated under
  8  9 subsections 1 and 2 not later than nine a.m. on the seventh
  8 10 day following the canvass of the election in question.  If
  8 11 those two members cannot agree on the third member by eight
  8 12 a.m. on the ninth day following the canvass, they shall
  8 13 immediately notify the chief judge of the judicial district in
  8 14 which the canvass is occurring, who shall appoint the third
  8 15 member not later than five p.m. on the eleventh day following
  8 16 the canvass.
  8 17    The petitioners requesting the recount shall post a bond as
  8 18 required by section 50.48, subsection 2.  The amount of the
  8 19 bond shall be one thousand dollars for a public measure
  8 20 appearing on the ballot statewide or one hundred dollars for
  8 21 any other public measure.  If the difference between the
  8 22 affirmative and negative votes cast on the public measure is
  8 23 less than the greater of fifty votes or one percent of the
  8 24 total number of votes cast for and against the question, a
  8 25 bond is not required.
  8 26    The procedure for the recount shall follow the provisions
  8 27 of section 50.48, subsections 4 through 7, as far as possible.
  8 28    Sec. 15.  Section 53.2, unnumbered paragraph 4, Code 1995,
  8 29 is amended to read as follows:
  8 30    If the An application is for a primary election ballot and
  8 31 the request is for a ballot of which specifies a party
  8 32 different from that recorded on the registered voter's voter
  8 33 registration record, the requested ballot shall be mailed or
  8 34 given to the applicant together with a "Change or Declaration
  8 35 of Party Affiliation" form as prescribed in section 43.42, to
  9  1 be completed by the registered voter at the time of voting.
  9  2 Upon receipt of the properly completed form, the shall be
  9  3 accepted as a change or declaration of party affiliation.  The
  9  4 commissioner shall approve the change or declaration and enter
  9  5 a notation of the change on the registration records.  A
  9  6 notice shall be sent with the ballot requested informing the
  9  7 voter that the voter's registration record will be changed to
  9  8 show that the voter is now affiliated with the party whose
  9  9 ballot the voter requested.
  9 10    Sec. 16.  Section 53.23, subsection 4, Code 1995, is
  9 11 amended to read as follows:
  9 12    4.  The room where members of the special precinct election
  9 13 board are engaged in counting absentee ballots during the
  9 14 hours the polls are open shall be policed so as to prevent any
  9 15 person other than those whose presence is authorized by this
  9 16 subsection from obtaining information about the progress of
  9 17 the count.  The only persons who may be admitted to that room
  9 18 are the members of the board, one challenger representing each
  9 19 political party, one observer representing any nonparty
  9 20 political organization or any candidate nominated by petition
  9 21 pursuant to chapter 45 or any other nonpartisan candidate in a
  9 22 city or school election appearing on the ballot of the
  9 23 election in progress, one observer representing persons
  9 24 supporting a public measure appearing on the ballot and one
  9 25 observer representing persons opposed to such measure, and the
  9 26 commissioner or the commissioner's designee.  It shall be
  9 27 unlawful for any of these persons to communicate or attempt to
  9 28 communicate, directly or indirectly, information regarding the
  9 29 progress of the count at any time before the polls are closed.
  9 30    Sec. 17.  Section 69.14, Code 1995, is amended to read as
  9 31 follows:
  9 32    69.14  SPECIAL ELECTION TO FILL VACANCIES.
  9 33    A special election to fill a vacancy shall be held for a
  9 34 representative in Congress, or senator or representative in
  9 35 the general assembly, when the body in which such vacancy
 10  1 exists is in session, or will convene prior to the next
 10  2 general election, and the governor shall order, not later than
 10  3 five days from the date the vacancy exists, a special
 10  4 election, giving not less than forty days' notice of such
 10  5 election.  In the event the special election is to fill a
 10  6 vacancy in the general assembly while it is in session or
 10  7 within forty-five days of the convening of any session, the
 10  8 time limit herein provided in this section shall not apply and
 10  9 the governor shall order such special election at the earliest
 10 10 practical time, giving at least ten eighteen days' notice
 10 11 thereof of the special election.  Any special election called
 10 12 under this section must be held on a Tuesday and shall not be
 10 13 held on the same day as a school election within the district.
 10 14    Sec. 18.  Section 275.23A, subsection 1, Code 1995, is
 10 15 amended to read as follows:
 10 16    1.  School districts which have directors who represent
 10 17 director districts as provided in section 275.12, subsection
 10 18 2, paragraphs "b", "c", "d", and "e", shall be divided into
 10 19 director districts according to the following standards:
 10 20    a.  All director district boundaries shall follow the
 10 21 precinct boundaries of areas for which official population
 10 22 figures are available from the most recent federal decennial
 10 23 census and, wherever possible, shall follow precinct
 10 24 boundaries.
 10 25    b.  To the extent possible in order to comply with
 10 26 paragraph "a", all director districts shall be as nearly equal
 10 27 as practicable to the ideal population for the districts as
 10 28 determined by dividing the number of districts to be
 10 29 established into the population of the school district.
 10 30    c.  All districts shall be composed of contiguous territory
 10 31 as compact as practicable unless the school district is
 10 32 composed of marginally adjacent territory.  A school district
 10 33 which is composed of marginally adjacent territory shall have
 10 34 director districts composed of contiguous territory to the
 10 35 extent practicable.
 11  1    d.  Consideration shall not be given to the addresses of
 11  2 incumbent officeholders, political affiliations of registered
 11  3 voters, previous election results, or demographic information
 11  4 other than population head counts, except as required by the
 11  5 Constitution and the laws of the United States.
 11  6    e.  Cities shall not be divided into two or more districts
 11  7 unless the population of the city is greater than the ideal
 11  8 size of a director district.  Cities shall be divided into the
 11  9 smallest number of director districts possible.
 11 10    Sec. 19.  Section 277.4, unnumbered paragraph 2, Code 1995,
 11 11 is amended to read as follows:
 11 12    Each candidate shall be nominated by petition.  If the
 11 13 candidate is running for an at-large seat in the district, the
 11 14 petition must be signed by at least ten eligible electors, or
 11 15 a number of eligible electors equal in number to not less than
 11 16 one percent of the qualified electors registered voters of the
 11 17 school district or one hundred eligible electors of the
 11 18 district, whichever is less.  If the candidate is running for
 11 19 a seat in which is voted for only by the voters of a director
 11 20 district, the petition must be signed by at least ten eligible
 11 21 electors of the director district or a number of eligible
 11 22 electors equal in number to not less than one percent of the
 11 23 qualified electors registered voters in the director district
 11 24 or one hundred eligible electors in the district, whichever is
 11 25 less.  A petition filed under this section shall not be
 11 26 required to have more than one hundred signatures.  Signers of
 11 27 nomination petitions shall include their addresses and the
 11 28 date of signing, and must reside in the same director district
 11 29 as the candidate if directors are elected by the voters of a
 11 30 director district, rather than at large.  A person may sign
 11 31 nomination petitions for more than one candidate for the same
 11 32 office, and the signature is not invalid solely because the
 11 33 person signed nomination petitions for one or more other
 11 34 candidates for the office.  The petition shall be filed with
 11 35 the affidavit of the candidate being nominated, stating the
 12  1 candidate's name, place of residence, that such person is a
 12  2 candidate and is eligible for the office the candidate seeks,
 12  3 and that if elected the candidate will qualify for the office.
 12  4 The affidavit shall also state that the candidate is aware
 12  5 that the candidate is disqualified from holding office if the
 12  6 candidate has been convicted, and never pardoned, of a felony
 12  7 or other infamous crime.
 12  8    Sec. 20.  Section 296.2, Code 1995, is amended to read as
 12  9 follows:
 12 10    296.2  PETITION FOR ELECTION.
 12 11    Before indebtedness can be contracted in excess of one and
 12 12 one-quarter percent of the assessed value of the taxable
 12 13 property, a petition signed by a number eligible electors
 12 14 equal in number to twenty-five percent of those voting at the
 12 15 last election of school officials shall be filed with the
 12 16 president of the board of directors, asking that an election
 12 17 be called, stating the amount of bonds proposed to be issued
 12 18 and the purpose or purposes for which the indebtedness is to
 12 19 be created, and that the purpose or purposes cannot be
 12 20 accomplished within the limit of one and one-quarter percent
 12 21 of the valuation.  The petition may request the calling of an
 12 22 election on one or more propositions and a proposition may
 12 23 include one or more purposes.
 12 24    Sec. 21.  Section 384.12, subsection 20, paragraph a, Code
 12 25 1995, is amended to read as follows:
 12 26    a.  The election may be held as specified herein in this
 12 27 subsection if notice is given by the city council, not later
 12 28 than February 15 thirty-two days before the second Tuesday in
 12 29 March, to the county commissioner of elections that the
 12 30 election is to be held.  
 12 31 HF 494
 12 32 sc/pk/25
     
Text: HF00493                           Text: HF00495
Text: HF00400 - HF00499                 Text: HF Index
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