Text: HF02386 Text: HF02388 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Section 1. NEW SECTION. 39.1A ELECTIONS AUTHORIZED. 1 2 Only those public measures which are specifically 1 3 authorized or required by state law to be put before the 1 4 voters as a public measure shall be submitted to the voters at 1 5 an official election. Only those offices which are 1 6 specifically authorized or required by state law to be filled 1 7 by the voters at an election shall be placed on the ballot at 1 8 an official election. 1 9 Sec. 2. Section 43.67, unnumbered paragraph 1, Code 1995, 1 10 is amended to read as follows: 1 11 Each candidate nominated pursuant to section43.6643.52 or 1 12 43.65 is entitled to have the candidate's name printed on the 1 13 official ballot to be voted at the general election without 1 14 other certificate unless the candidate was nominated by write- 1 15 in votes. Immediately after the completion of the canvass 1 16 held under section 43.49, the county auditor shall notify by 1 17 forwardable mail each person who was nominated by write-in 1 18 votes for a county or township office that the person is 1 19 required to file an affidavit of candidacy if the person 1 20 wishes to be a candidate for that office at the general 1 21 election. Immediately after the completion of the canvass 1 22 held under section 43.63, the secretary of state shall notify 1 23 by forwardable mail each person who was nominated by write-in 1 24 votes for a state or federal office that the person is 1 25 required to file an affidavit of candidacy if the person 1 26 wishes to be a candidate for that office at the general 1 27 election. If the affidavit is not filed by five p.m. on the 1 28 seventh working day after the completion of the canvass, that 1 29 person's name shall not be placed upon the official general 1 30 election ballot. The affidavit shall be signed by the 1 31 candidate, notarized, and filed with the county auditor or the 1 32 secretary of state, whichever is applicable. 1 33 Sec. 3. Section 43.73, unnumbered paragraph 1, Code 1995, 1 34 is amended to read as follows: 1 35 Not less than sixty-nine days before the general election 2 1 the state commissioner shall certify to each commissioner, 2 2 under separate party headings, the name of each person 2 3 nominated as shown by the official canvass made by the 2 4 executive council, or as certified to the state commissioner 2 5 by the proper persons when any person has been nominated by a 2 6 convention or by a party committee, or by petition, the office 2 7 to which the person is nominated, and the order in whichthe2 8tickets of the several political partiesfederal and state 2 9 offices, judges, constitutional amendments, and state public 2 10 measures shall appear on the official ballot. 2 11 Sec. 4. Section 43.88, unnumbered paragraph 2, Code 2 12 Supplement 1995, is amended to read as follows: 2 13 Nominations made to fill vacancies at a special election 2 14 shall be certified to the proper official not less thantwenty2 15 twenty-five days prior to the date set for the special 2 16 election. In the event the special election is to fill a 2 17 vacancy in the general assembly while it is in session or 2 18 within forty-five days of the convening of any session, the 2 19 nomination shall be certified not less than fourteen days 2 20 before the date of the special election. 2 21 Sec. 5. Section 43.116, Code 1995, is amended by adding 2 22 the following new subsection: 2 23 NEW SUBSECTION. 3. If a special election is held to fill 2 24 a vacancy in an elective city office, nominations by political 2 25 parties shall be made following the provisions of subsection 2 26 2. 2 27 Sec. 6. Section 44.4, unnumbered paragraph 1, Code 2 28 Supplement 1995, is amended to read as follows: 2 29 Nominations made pursuant to this chapter and chapter 45 2 30 which are required to be filed in the office of the state 2 31 commissioner shall be filed in that office not more than 2 32 ninety-nine days nor later than five p.m. on the eighty-first 2 33 day before the date of the general election to be held in 2 34 November. Nominations made for a special election called 2 35 pursuant to section 69.14 shall be filed by five p.m. not less 3 1 thantwentytwenty-five days before the date of an election 3 2 called upon at least forty days' notice and not less than 3 3 fourteen days before the date of an election called upon at 3 4 least eighteen days' notice. Nominations made for a special 3 5 election called pursuant to section 69.14A shall be filed by 3 6 five p.m. not less than twenty days before the date of the 3 7 election. Nominations made pursuant to this chapter and 3 8 chapter 45 which are required to be filed in the office of the 3 9 commissioner shall be filed in that office not more than 3 10 ninety-two days nor later than five p.m. on the sixty-ninth 3 11 day before the date of the general election. Nominations made 3 12 pursuant to this chapter or chapter 45 for city office shall 3 13 be filed not more than seventy-two days nor later than five 3 14 p.m. on the forty-seventh day before the city election with 3 15 the city clerk, who shall process them as provided by law. 3 16 Sec. 7. Section 44.11, Code 1995, is amended to read as 3 17 follows: 3 18 44.11 VACANCIES FILLED. 3 19 If a candidate named under this chapter withdraws before 3 20 the deadline established in section 44.9, declines a 3 21 nomination, or dies before election day, or if a certificate 3 22 of nomination is held insufficient or inoperative by the 3 23 officer with whom it is required to be filed, or in case any 3 24 objection made to a certificate of nomination, or to the 3 25 eligibility of any candidate named in the certificate, is 3 26 sustained by the board appointed to determine such questions, 3 27 the vacancy or vacancies may be filled by the convention, or 3 28 caucus, or in such manner as such convention or caucus has 3 29 previously provided. The vacancy or vacancies shall be filled 3 30 not less than seventy-four days before the election in the 3 31 case of nominations required to be filed with the state 3 32 commissioner, not less than sixty-four days before the 3 33 election in the case of nominations required to be filed with 3 34 the commissioner, not less than thirty-five days before the 3 35 election in the case of nominations required to be filed in 4 1 the office of the school board secretary, and not less than 4 2 forty-two days before the election in the case of nominations 4 3 required to be filed with the city clerk. 4 4 Sec. 8. NEW SECTION. 44.17 NONPARTY POLITICAL 4 5 ORGANIZATIONS – NOMINATIONS BY PETITION. 4 6 In lieu of holding a caucus or convention, a nonparty 4 7 political organization may nominate by petition pursuant to 4 8 chapter 45 not more than one candidate for any partisan office 4 9 to be filled at the general election. 4 10 The nonparty political organization may also file with the 4 11 appropriate commissioner a list of the names and addresses of 4 12 the organization's central committee members, and the 4 13 chairperson and secretary of the organization. The 4 14 organization may also place on file a description of the 4 15 method that the organization will follow to fill any vacancies 4 16 resulting from the death, withdrawal, or disqualification of 4 17 any of its candidates that were nominated by petition. If 4 18 this information if filed before the close of the filing 4 19 period for the general election, substitutions may be made 4 20 pursuant to section 44.11. 4 21 Sec. 9. NEW SECTION. 47.4 ELECTION FILING DEADLINES. 4 22 If the deadline for a filing pertaining to an election 4 23 falls on a day that the state or county commissioner's office 4 24 is closed for business, the deadline shall be extended to the 4 25 next day that the office of state commissioner or county 4 26 commissioner is open for business to receive the filing. 4 27 Sec. 10. Section 47.5, subsection 1, Code Supplement 1995, 4 28 is amended to read as follows: 4 29 1.TheExcept for legal services and printing of ballots, 4 30 the commissioner shall take bids for goods and services which 4 31 are needed in connection with registration of voters or 4 32 preparation for or administration of elections and which will 4 33 be performed or provided by persons who are not employees of 4 34 the commissioner under the following circumstances: 4 35 a. In any case where it is proposed to purchase data 5 1 processing services. The commissioner shall give the 5 2 registrar written notice in advance on each occasion when it 5 3 is proposed to have data processing services, necessary in 5 4 connection with the administration of elections, performed by 5 5 any person other than the registrar or an employee of the 5 6 county. Such notice shall be made at least thirty days prior 5 7 to publication of the specifications. 5 8 b. In all other cases, where the cost of the goods or 5 9 services to be purchased will exceed one thousand dollars. 5 10c. Bids shall not be required for legal services or the5 11printing of ballots.5 12 Sec. 11. Section 47.5, subsection 2, Code Supplement 1995, 5 13 is amended to read as follows: 5 14 2. When it is proposed to purchase any goods or services, 5 15 other than data processing services, in connection with 5 16 administration of elections, the commissioner shall publish 5 17 notice to bidders, including specifications regarding the 5 18 goods or services to be purchased or a description of the 5 19 nature and object of the services to be retained, in a 5 20 newspaper of general circulation in the county not less than 5 21 fifteen days before the final date for submission of bids. 5 22The commissioner shall also file a copy of the bid5 23specifications in the office of the state commissioner for a5 24period of not less than twenty days prior to such final date.5 25 When competitive bidding procedures are used, the purchase of 5 26 goods or services shall be made from the lowest responsible 5 27 bidder which meets the specifications or description of the 5 28 services needed or the commissioner may reject all bids and 5 29 readvertise. In determining the lowest responsible bidder, 5 30 various factors may be considered, including but not limited 5 31 to the past performance of the bidder relative to quality of 5 32 product or service, the past experience of the purchaser in 5 33 relation to the product or service, the relative quality of 5 34 products or services, the proposed terms of delivery and the 5 35 best interest of the county. 6 1 Sec. 12. Section 47.6, subsection 1, unnumbered paragraph 6 2 2, Code Supplement 1995, is amended to read as follows: 6 3 If the proposed date of the special election coincides with 6 4 the date of a regularly scheduled election or previously 6 5 scheduled special election, the notice shall be given no later 6 6 than five p.m. on the last day on which nomination papers may 6 7 be filed with the commissioner for the regularly scheduled 6 8 election or previously scheduled special election. Otherwise, 6 9 the notice shall be given at least thirty-two days in advance 6 10 of the date of the proposed special election. Upon receiving 6 11 the notice, the commissioner shall promptly give written 6 12 approval of the proposed date unless it appears that the 6 13 special election, if held on that date, would conflict with a 6 14 regular election or with another special election previously 6 15 scheduled for that date. 6 16 Sec. 13. Section 48A.22, Code 1995, is amended to read as 6 17 follows: 6 18 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS. 6 19 The secretary of state shall encourage volunteer 6 20 organizations to undertake voter registration drives by 6 21 providingat the cost of production. 6 22 Sec. 14. Section 48A.26, subsection 1, Code 1995, is 6 23 amended to read as follows: 6 24 1. Within seven working days of receipt of a voter 6 25 registration form or change of information in a voter 6 26 registration record the commissioner shall send an 6 27 acknowledgment to the registrant at the mailing address shown 6 28 on the registration form. The acknowledgment shall be sent by 6 29first classnonforwardable mail. 6 30 Sec. 15. Section 48A.27, subsection 4, paragraph b, Code 6 31 1995, is amended to read as follows: 6 32 b. If the information provided by the vendor indicates 6 33 that a registered voter has moved to another address within 6 34 the county, the commissioner shall change the registration 6 35 records to show the new residence address, and shall also mail 7 1 a notice of that action to both the former and new addresses. 7 2 The notice shall be sent by forwardablefirst classmail, and 7 3 shall include a postage prepaid preaddressed return form by 7 4 which the registered voter may verify or correct the address 7 5 information. 7 6 Sec. 16. Section 48A.27, subsection 4, paragraph c, 7 7 unnumbered paragraph 2, Code 1995, is amended to read as 7 8 follows: 7 9 The notice shall be sent by forwardablefirst classmail, 7 10 and shall include a postage paid preaddressed return card on 7 11 which the registered voter may state the registered voter's 7 12 current address. The notice shall contain a statement in 7 13 substantially the following form: "Information received from 7 14 the United States postal service indicates that you are no 7 15 longer a resident of, and therefore not eligible to vote in 7 16 (name of county) County, Iowa. If this information is not 7 17 correct, and you still live in (name of county) County, please 7 18 complete and mail the attached postage paid card at least ten 7 19 days before the primary or general election and at least 7 20 eleven days before any other election at which you wish to 7 21 vote. If the information is correct and you have moved, 7 22 please contact a local official in your new area for 7 23 assistance in registering there. If you do not mail in the 7 24 card, you may be required to show identification proving your 7 25 residence in (name of county) County before being allowed to 7 26 vote in (name of county) County. If you do not return the 7 27 card, and you do not vote in an election in (name of county) 7 28 County, Iowa, on or before (date of second general election 7 29 following the date of the notice) your name will be removed 7 30 from the list of voters in that county. To ensure you receive 7 31 this notice, it is being sent to both your most recent 7 32 registration address and to your new address as reported by 7 33 the postal service." 7 34 Sec. 17. Section 48A.27, subsection 4, paragraph d, Code 7 35 1995, is amended to read as follows: 8 1 d. If the information provided by the vendor indicates the 8 2 registered voter has moved to another county within the state, 8 3 the notice required by paragraph "c" shall include a statement 8 4 that registration in the county of the person's current 8 5 residence is required, and shall provide a mail registration8 6form for the person to use. 8 7 Sec. 18. Section 48A.28, subsection 2, unnumbered 8 8 paragraph 2, Code 1995, is amended to read as follows: 8 9 A commissioner participating in the national change of 8 10 address program, in the first quarter of each calendar year, 8 11 shall send a notice and preaddressed, postage paid return card 8 12 byfirst classforwardable mail to each registered voter whose 8 13 name was not reported by the national change of address 8 14 program and who has not voted, registered again, or reported a 8 15 change to an existing registration during the preceding four 8 16 calendar years. The form and language of the notice and 8 17 return card shall be specified by the state voter registration 8 18 commission by rule. A registered voter shall not be sent a 8 19 notice and return card under this subsection more frequently 8 20 than once in a four-year period. 8 21 Sec. 19. Section 48A.28, subsection 3, unnumbered 8 22 paragraph 1, Code 1995, is amended to read as follows: 8 23 For a commissioner who is not participating in the national 8 24 change of address program, in February of each year the 8 25 commissioner shall mail a confirmation notice to each 8 26 registered voter in the county. The notice shall be sent by 8 27first classforwardable mail. The notice shall include a 8 28 preaddressed, postage paid return card for the use of the 8 29 registered voter or the recipient of the notice. The card 8 30 shall contain boxes for the recipient to check to indicate one 8 31 of the following: 8 32 Sec. 20. Section 48A.29, subsection 1, unnumbered 8 33 paragraph 2, Code 1995, is amended to read as follows: 8 34 The notice shall be sent by forwardablefirst classmail, 8 35 and shall include a postage paid preaddressed return card on 9 1 which the registered voter may state the registered voter's 9 2 current address. The notice shall contain a statement in 9 3 substantially the following form: "Information received from 9 4 the United States postal service indicates that you are no 9 5 longer a resident of (residence address) in (name of county) 9 6 County, Iowa. If this information is not correct, and you 9 7 still live in (name of county) County, please complete and 9 8 mail the attached postage paid card at least ten days before 9 9 the primary or general election and at least eleven days 9 10 before any other election at which you wish to vote. If the 9 11 information is correct, and you have moved, please contact a 9 12 local official in your new area for assistance in registering 9 13 there. If you do not mail in the card, you may be required to 9 14 show identification proving your residence in (name of county) 9 15 County before being allowed to vote in (name of county) 9 16 County. If you do not return the card, and you do not vote in 9 17 some election in (name of county) County, Iowa, on or before 9 18 (date of second general election following the date of the 9 19 notice) your name will be removed from the list of voters in 9 20 that county." 9 21 Sec. 21. Section 48A.29, subsection 3, unnumbered 9 22 paragraph 2, Code 1995, is amended to read as follows: 9 23 The notice shall be sent by forwardablefirst classmail, 9 24 and shall include a postage paid preaddressed return card on 9 25 which the registered voter may state the registered voter's 9 26 current address. The notice shall contain a statement in 9 27 substantially the following form: "Information received by 9 28 this office indicates that you are no longer a resident of 9 29 (residence address) in (name of county) County, Iowa. If the 9 30 information is not correct, and you still live at that 9 31 address, please complete and mail the attached postage paid 9 32 card at least ten days before the primary or general election 9 33 and at least eleven days before any other election at which 9 34 you wish to vote. If the information is correct, and you have 9 35 moved within the county, you may update your registration by 10 1 listing your new address on the card and mailing it back. If 10 2 you have moved outside the county, please contact a local 10 3 official in your new area for assistance in registering there. 10 4 If you do not mail in the card, you may be required to show 10 5 identification proving your residence in (name of county) 10 6 County before being allowed to vote in (name of county) 10 7 County. If you do not return the card, and you do not vote in 10 8 some election in (name of county) County, Iowa, on or before 10 9 (date of second general election following the date of the 10 10 notice) your name will be removed from the list of registered 10 11 voters in that county." 10 12 Sec. 22. Section 49.13, subsection 4, Code Supplement 10 13 1995, is amended to read as follows: 10 14 4. The commissioner shall designate one member of each 10 15 precinct election board as chairperson of that board, and also10 16of the. If a counting board authorized by chapter 51if one10 17 is appointed,withthe chairperson shall have authority over 10 18 the mechanics of the work of both boards. At the discretion 10 19 of the commissioner, two people who are members of different 10 20 political parties may be appointed as co-chairpersons. The 10 21 co-chairpersons shall have joint authority over the work of 10 22 the precinct election board. 10 23 Sec. 23. Section 49.16, Code 1995, is amended by adding 10 24 the following new subsection: 10 25 NEW SUBSECTION. 5. A person shall not serve on the 10 26 precinct election board as a representative of a political 10 27 party if the person has changed political party affiliation 10 28 from that of the political party which selected the person to 10 29 serve as a precinct election official. If a precinct election 10 30 official records a change of political party, the official's 10 31 name shall be removed from the list of precinct election 10 32 officials for that political party. The chairperson of the 10 33 political party shall be notified of the vacancy and may 10 34 designate a replacement. If the chairperson of another 10 35 political party later designates the person as a precinct 11 1 election official, the person may serve, if qualified. 11 2 Sec. 24. Section 49.20, Code 1995, is amended to read as 11 3 follows: 11 4 49.20 COMPENSATION OF MEMBERS. 11 5 The members of election boards shall be deemed temporary 11 6 state employees who are compensated by the county in which 11 7 they serve, and shall receive compensation at a rate 11 8 established by the board of supervisors, which shall be not 11 9 less than three dollars and fifty cents per hour, while 11 10 engaged in the discharge of their duties and shall be 11 11 reimbursed for actual and necessary travel expense at a rate 11 12 determined by the board of supervisors, except that persons 11 13 who have advised the commissioner prior to their appointment 11 14 to the election board that they are willing to serve without 11 15 pay at elections conducted for any school district or a city 11 16 of three thousand five hundred or less population, shall 11 17 receive no compensation for service at those elections. 11 18 Compensation shall be paid to members of election boards only 11 19 after the vote has been canvassed and it has been determined 11 20 in the course of the canvass that the election record 11 21 certificate has been properly executed by the election board. 11 22 Sec. 25. Section 49.25, subsection 3, Code 1995, is 11 23 amended to read as follows: 11 24 3. The commissioner shall furnish to each precinct where 11 25 voting is to be by paper ballot, special paper ballot, or 11 26 ballot card, rather than by voting machine, the necessary 11 27 ballot boxes, suitably equipped with seals or locks and keys, 11 28 and voting booths. The voting booths shall be approved by the 11 29 board of examiners for voting machines and electronic voting 11 30 systems and shall provide for voting in secrecy. At least one 11 31 voting booth in each precinct shall be accessible to the 11 32 handicapped. If the lighting in the polling place is 11 33 inadequate, the voting booths used in that precinct shall 11 34 include lights. Ballot boxes shall be locked or sealed before 11 35 the polls open and shall remain locked or sealed until the 12 1 polls are closed, except as provided in sections 51.7 and 12 2 52.40, or to provide necessary service to a malfunctioning 12 3 portable vote tallying device. If a ballot box is opened 12 4 prior to the closing of the polls, two precinct election 12 5 officials not of the same party shall be present and observe 12 6 the ballot box being opened. 12 7 Sec. 26. Section 49.25, Code 1995, is amended by adding 12 8 the following new subsection: 12 9 NEW SUBSECTION. 4. Secrecy folders or sleeves shall be 12 10 provided for use at any precinct where ballots are used which 12 11 cannot be folded to obscure the marks made by the voters. 12 12 Sec. 27. Section 49.26, Code 1995, is amended to read as 12 13 follows: 12 14 49.26 COMMISSIONER TO DECIDE METHOD OF VOTING. 12 15 1. In all elections regulated by this chapter, the voting 12 16 shall be by ballots printed and distributed as provided by 12 17 law, or by voting machines meeting the requirements of chapter 12 18 52. 12 19 2. When voting machines are available for an election 12 20 precinct, the commissioner shall determine in advance of each 12 21 election conducted for a city of three thousand five hundred 12 22 or less population or any school district in which voting 12 23 occurs in that precinct whether voting there shall be by 12 24 machine or paper ballot. If the commissioner concludes, on 12 25 the basis of voter turnout for recent similar elections and 12 26 factors considered likely to affect voter turnout for the 12 27 forthcoming election, that voting will probably be so light as 12 28 to make preparation and use of paper ballots less expensive 12 29 than preparation and use of a voting machine, paper ballots 12 30 shall be used. 12 31 3. In counties in which automatic tabulating equipment is 12 32 available, the commissioner shall determine in advance of each 12 33 election whether the ballots will be counted by the automatic 12 34 tabulating equipment or by the precinct election officials. 12 35 The commissioner may use ballots and instructions similar to 13 1 those used when the ballots are counted by automatic 13 2 tabulating equipment. 13 3 Sec. 28. Section 49.30, Code 1995, is amended to read as 13 4 follows: 13 5 49.30 ALL CANDIDATES ON ONE BALLOT – EXCEPTIONS. 13 6 The names of all candidates, constitutional amendments, and 13 7 public measures to be voted for in each election precinct, 13 8 other than presidential electors, shall be printed on one 13 9 ballot, except that separate ballots are authorized under the 13 10 following circumstances: 13 111. For judicial elections, separate ballots or headings13 12shall be used as required by section 46.22.13 13 1. Where special paper ballots are used, if it is not 13 14 possible to include all offices and public measures on a 13 15 single ballot, separate ballots may be provided for 13 16 nonpartisan offices, judges, or public measures. 13 17 2. At an election where voting machines are used,and it13 18 the following exceptions apply: 13 19 a. If it is impossible to place the names of all 13 20 candidates on the machine ballot, the commissioner may provide 13 21 a separate paper ballot for the candidates for judge of the 13 22 district court,andthe township offices,or either; oneand 13 23 the nonpartisan offices listed in section 39.21. One of the 13 24 paper ballots shall be furnished to each registered voter. 13 25 b. When a precinct has one or more offices or questions on 13 26 the ballot in any election that may not be legally voted upon 13 27 by all registered voters of the precinct, the commissioner 13 28 shall use lockout devices operated by the precinct election 13 29 officials to restrict each voter to the appropriate parts of 13 30 the ballot. However, if the voting machine does not have a 13 31 lockout device, the commissioner may use one or more separate 13 32 voting machines for each group of voters in the precinct. If 13 33 neither of the foregoing procedures is feasible, the 13 34 commissioner shall prepare separate ballots for the candidates 13 35 or questions which may not be legally voted upon by all 14 1 registered voters of the precinct, and shall furnish a 14 2 separate ballot box into which only those ballots shall be 14 3 deposited. 14 4 3.SeparateWhere paper ballots are used, separate paper 14 5 ballots may be usedfor: 14 6 a. For the election of township officers in precincts 14 7 including both incorporated and unincorporated areas or more 14 8 than one township. 14 9 b. For public measures. 14 10 c. For judges. 14 11 Sec. 29. Section 49.31, subsection 1, Code 1995, is 14 12 amended by striking the subsection and inserting in lieu 14 13 thereof the following: 14 14 1. All ballots shall be arranged with the names of 14 15 candidates for each office listed below the office title. For 14 16 partisan elections the name of the political party or 14 17 organization which nominated each candidate shall be listed 14 18 after or below each candidate's name. 14 19 The commissioner shall determine the order of political 14 20 parties and nonparty political organizations on the ballot. 14 21 The sequence shall be the same for each office on the ballot 14 22 and for each precinct in the county voting in the election. 14 23 Sec. 30. Section 49.31, subsection 4, Code 1995, is 14 24 amended to read as follows: 14 25 4.If electors in any precinct are entitled to vote for14 26more than one nominee or candidate for a particular office,14 27theThe heading forthateach office on theprecinctballot 14 28 shall be immediately followed by a notationofstating, "Vote 14 29 for no more than ____", and indicating the maximum number of 14 30 nominees or candidates for that office for whom each elector 14 31 may vote.Provision shall be made on the ballot to allow the14 32elector to write in the name of any person for whom the14 33elector desires to vote for any office or nomination on the14 34ballot.14 35 Sec. 31. Section 49.31, Code 1995, is amended by adding 15 1 the following new subsection: 15 2 NEW SUBSECTION. 4A. At the end of the list of candidates 15 3 for each office listed on the ballot one or more blank lines 15 4 and voting targets shall be printed to allow the elector to 15 5 write in the name of any person for whom the elector desires 15 6 to vote for any office or nomination on the ballot. The 15 7 number of write-in lines shall equal the number of votes that 15 8 can be cast for that office. 15 9 Sec. 32. Section 49.33, Code 1995, is amended to read as 15 10 follows: 15 11 49.33 SINGLESQUAREVOTING TARGET FOR CERTAIN PAIRED 15 12 OFFICES. 15 13Upon the left-hand margin of each separate column of the15 14ballot, immediatelyImmediately opposite the names oftheeach 15 15 pair of candidates for president and vice president, a single 15 16square, the sides of which shall not be less than one-fourth15 17of an inch in length,voting target shall be printedin front15 18ofnext to the bracket enclosing the names of the candidates 15 19 for president and vice president, and a separate square of the15 20same size. A single voting target shall be printedin front15 21ofnext to the bracket enclosing the names of the candidates 15 22 for governor and lieutenant governor. The votes for a team of 15 23 candidates shall be counted and certifiedtoby the election 15 24 board as a team. Write-in votesmayshall also be tabulated 15 25for each office separatelyas a single vote for a pair of 15 26 candidates. 15 27 Sec. 33. Section 49.35, Code 1995, is amended to read as 15 28 follows: 15 29 49.35 ORDER OF ARRANGING TICKETS ON LEVER VOTING MACHINE 15 30 BALLOT. 15 31 Each list of candidates nominated by a political party or a 15 32 group of petitioners shall be termed a ticket.EachWhere 15 33 lever voting machines are used, each ticket shall be placed in 15 34 a separate vertical column or horizontal row on the ballot, in 15 35 the order determined pursuant to section 49.37 by the 16 1 authorities charged with the printing of the ballots. 16 2 However, if a total of more than seven tickets are to be 16 3 placed on the ballot the state commissioner may authorize a 16 4 method of placement in which the groups of petitioners are not 16 5 all placed in separate individual columns or rows. 16 6 Sec. 34. Section 49.37, subsection 1, Code 1995, is 16 7 amended by striking the subsection and inserting in lieu 16 8 thereof the following: 16 9 1. For general elections, and for other elections in which 16 10 more than one partisan office will be filled, the first 16 11 section of the ballot shall be for straight party voting. 16 12 Each political party or organization which has nominated 16 13 candidates for more than one office shall be listed. 16 14 Instructions to the voter for straight party or organization 16 15 voting shall be in substantially the following form: "To vote 16 16 for all candidates from a single party or organization, mark 16 17 the voting target next to the party or organization name. Not 16 18 all parties or organizations have nominated candidates for all 16 19 offices. Marking a straight party or organization vote does 16 20 not include votes for nonpartisan offices, judges, or 16 21 questions." Political parties and nonparty political 16 22 organizations which have nominated candidates for only one 16 23 office shall be listed below the other political organizations 16 24 under the heading "Other Political Organizations. The 16 25 following organizations have nominated candidates for only one 16 26 office:". 16 27 Offices shall be arranged in groups. Partisan offices, 16 28 nonpartisan offices, judges, and public measures shall be 16 29 separated by a distinct line appearing on the ballot. 16 30 Sec. 35. Section 49.37, subsections 2 and 3, Code 1995, 16 31 are amended to read as follows: 16 32 2. The commissioner shall arrange the ballot in conformity 16 33 with the certificate issued by the state commissioner under 16 34 section 43.73, in that the names of the respective candidates 16 35onfor each political partyticketshall appear in the order 17 1 they appeared on the certificate, above or to the left of the 17 2 nonparty political organizationticketscandidates. 17 3 3. The commissioner shall arrange the partisan county 17 4 offices on the ballot with the board of supervisors first, 17 5 followed by the other county offices and township offices in 17 6 the same sequence in which they appear in sections 39.17 and 17 7 39.22. Nonpartisan offices shall be listedbelowafter or to 17 8 the right of partisan offices. 17 9 Sec. 36. NEW SECTION. 49.42A FORM OF OFFICIAL BALLOT. 17 10 The ballot for the general election shall be arranged in 17 11 substantially the following form: 17 12 PARTISAN OFFICES 17 13 STRAIGHT PARTY VOTING 17 14 To vote for all candidates from a single party mark the 17 15 voting target next to the party name. Not all parties have 17 16 nominated candidates for all offices. Marking a straight 17 17 party vote does not include votes for nonpartisan offices, 17 18 judges, or questions. 17 19 POLITICAL PARTY NAME 17 20 POLITICAL PARTY NAME 17 21 POLITICAL ORGANIZATION NAME 17 22 POLITICAL ORGANIZATION NAME 17 23 OTHER POLITICAL ORGANIZATIONS 17 24 The following political organizations have nominated 17 25 candidates for only one office. 17 26 POLITICAL ORGANIZATION NAME 17 27 POLITICAL ORGANIZATION NAME 17 28 FEDERAL OFFICES 17 29 For President and Vice President Vote for no more than one 17 30 team. 17 31 CANDIDATE NAME, of State 17 32 CANDIDATE NAME, of State 17 33 Political Party 17 34 CANDIDATE NAME, of State 17 35 CANDIDATE NAME, of State 18 1 Political Party 18 2 CANDIDATE NAME, of State 18 3 CANDIDATE NAME, of State 18 4 Political Organization Name 18 5 CANDIDATE NAME, of State 18 6 CANDIDATE NAME, of State 18 7 Political Organization Name 18 8 CANDIDATE NAME, of State 18 9 CANDIDATE NAME, of State 18 10 Nominated by Petition 18 11 ______________________________ 18 12 Write-in for President, if any. 18 13 ___________________________________ 18 14 Write-in for Vice-President, if any. 18 15 For U.S. Senator 18 16 Vote for no more than one. 18 17 CANDIDATE NAME 18 18 Political Party 18 19 CANDIDATE NAME 18 20 Political Party 18 21 CANDIDATE NAME 18 22 Political Organization 18 23 CANDIDATE NAME 18 24 Political Organization 18 25 CANDIDATE NAME 18 26 Nominated by Petition 18 27 _____________________ 18 28 Write-in vote, if any. 18 29 For U.S. Representative 18 30 First District 18 31 Vote for no more than one. 18 32 CANDIDATE NAME 18 33 Political Party 18 34 CANDIDATE NAME 18 35 Political Party 19 1 CANDIDATE NAME 19 2 Political Organization 19 3 CANDIDATE NAME 19 4 Political Organization 19 5 CANDIDATE NAME 19 6 Nominated by Petition 19 7 _____________________ 19 8 Write-in vote, if any. 19 9 STATE OFFICES 19 10 For State Senator, District 2 19 11 Vote for no more than one. 19 12 CANDIDATE NAME 19 13 Political Party 19 14 CANDIDATE NAME 19 15 Political Party 19 16 CANDIDATE NAME 19 17 Political Organization 19 18 CANDIDATE NAME 19 19 Political Organization 19 20 CANDIDATE NAME 19 21 Nominated by Petition 19 22 _____________________ 19 23 Write-in vote, if any. 19 24 Sec. 37. Section 49.43, Code 1995, is amended by adding 19 25 the following new unnumbered paragraph before unnumbered para- 19 26 graph 1: 19 27 NEW UNNUMBERED PARAGRAPH. If possible, all public measures 19 28 and constitutional amendments to be voted upon by an elector 19 29 shall be included on a single special paper ballot which shall 19 30 also include all offices to be voted upon. However, if it is 19 31 necessary, a separate ballot may be used as provided in 19 32 section 49.30, subsection 1. 19 33 Sec. 38. Section 49.43, unnumbered paragraph 2, Code 1995, 19 34 is amended to read as follows: 19 35 Constitutional amendments and other public measures may be 20 1 summarized by the commissioner as provided insectionsections 20 2 49.44 and 52.25. 20 3 Sec. 39. Section 49.44, unnumbered paragraph 1, Code 1995, 20 4 is amended to read as follows: 20 5 When a proposed constitutional amendment or other public 20 6 measure to be decided by the voters of the entire state is to 20 7 be voted upon, the state commissioner shall prepare a written 20 8 summary of the amendment or measure including the number of 20 9 the amendment or statewide public measure assigned by the 20 10 state commissioner. The summary shall be printed immediately 20 11 preceding the text of the proposed amendment or measure on the 20 12 paper ballot or special paper ballot referred to in section 20 13 49.43and, in. If the complete text of the public measure 20 14 will not fit on the special paper ballot it shall be posted 20 15 inside the voting booth. A copy of the full text shall be 20 16 included with any absentee ballots. 20 17 PARAGRAPH DIVIDED. In precincts where the amendment or 20 18 measure will be voted on by machine, the summary shall be 20 19 placed in the voting machine inserts as required by section 20 20 52.25. 20 21 Sec. 40. Section 49.45, Code 1995, is amended to read as 20 22 follows: 20 23 49.45 GENERAL FORM OF BALLOT. 20 24 Ballots referred to in section 49.43 shall be substantially 20 25 in the following form: 20 26 Shall the following amendmentYes20 27 to the Constitution (or public meas-No20 28 ure) be adopted? 20 29 [ ] Yes 20 30 [ ] No 20 31 (Here insert the summary, if it be for a constitutional 20 32 amendment or statewide public measure, and in full the 20 33 proposed constitutional amendment or public measure. The 20 34 number assigned by the state commissioner or the letter 20 35 assigned by the county commissioner shall be included on the 21 1 ballot centered above the question, "Shall the following 21 2 amendment to the Constitution [or public measure] be 21 3 adopted?".) 21 4 Sec. 41. Section 49.46, Code 1995, is amended to read as 21 5 follows: 21 6 49.46 MARKING BALLOTS ON PUBLIC MEASURES. 21 7 The elector shall designate a vote bya crossmaking the 21 8 appropriate mark, thus,in the voting target. On paper 21 9 ballots an "X", or a check mark, thus, "/", may be placed in 21 10 the propersquaretarget. 21 11 Sec. 42. Section 49.47, Code 1995, is amended to read as 21 12 follows: 21 13 49.47 NOTICE ON BALLOTS. 21 14 At the top of paper ballotson suchfor public measures 21 15 shall be printed the following: 21 16 [Notice to voters.For an affirmative vote uponTo vote to 21 17 approve any questionsubmitted uponon this ballot, make a 21 18 cross(X)mark or check(/)in thesquare aftertarget before 21 19 the word "Yes".For a negativeTo vote against a question 21 20 make a similar mark in thesquare followingtarget before the 21 21 word "No".] This notice shall be adapted to describe the 21 22 proper mark where it is appropriate. 21 23 Sec. 43. Section 49.57, Code 1995, is amended to read as 21 24 follows: 21 25 49.57 METHOD AND STYLE OF PRINTING BALLOTS. 21 26 Ballots shall be prepared as follows: 21 27 1. They shall be onplain whitepaper uniform in color, 21 28 through which the printing or writing cannot be read. 21 29 2.TheIn the area of the general election ballot for 21 30 straight-party voting, the partynamenames shall be printed 21 31 in capital letters of uniform size, in not less thanone-21 32fourth of an inch in heighttwelve point type. After the name 21 33 of each candidate for a partisan office the name of the 21 34 candidate's political party shall be printed in at least six 21 35 point type. 22 1 3. The names of candidates shall be printed in capital 22 2 letters, of uniform size throughout the ballot, in not less 22 3 thanone-eighth, nor more than one-fourth of an inch in height22 4 ten point type. 22 5 4.AOn ballots that will be counted by electronic 22 6 tabulating equipment, ballots shall include a voting target 22 7 next to the name of each candidate. The position, shape, and 22 8 size of the targets shall be appropriate for the equipment to 22 9 be used in counting the votes. Where paper ballots are used, 22 10 a square, the sides of which shall not be less than one-fourth 22 11 of an inch in length,shallmay be printed at the beginning of 22 12 each line in which the name of a candidate is printed, except 22 13 as otherwise provided. 22 14 5.On the outsideA portion of the ballot,so as to appear22 15when foldedwhich can be shown to the precinct officials 22 16 without revealing any of the marks made by the voter, shallbe22 17printedinclude the words "Official ballot", a designation of 22 18 the ballot rotation, if any, the date of the election, and a 22 19 facsimile of the signature of the commissioner who has caused 22 20 the ballot to be printed pursuant to section 49.51. 22 21 6. The office title of any office which appears on the 22 22 ballot to fill a vacancy before the end of the usual term of 22 23 the office shall include the words "To Fill Vacancy". 22 24 Sec. 44. Section 49.73, subsection 1, paragraphs b and c, 22 25 Code 1995, are amended to read as follows: 22 26 b. Any election conducted for a city ofthree thousand22 27five hundredten thousand or less population. 22 28 c. Any election conducted for a city of more thanthree22 29thousand five hundredten thousand population if there is no 22 30 contest for any office on the ballot and no public question is 22 31 being submitted to the voters at that election. 22 32 Sec. 45. Section 49.92, Code 1995, is amended to read as 22 33 follows: 22 34 49.92 VOTING MARK. 22 35 The instructions appearing on the ballot shall describe the 23 1 appropriate mark to be used by the voter. The mark shall be 23 2 consistent with the requirements of the voting system in use 23 3 in the precinct. The voting markshallused on paper ballots 23 4 may be a cross or check which shall be placedin the circle at23 5the head of a ticket, orin thesquaresvoting targets 23 6 opposite the names of candidates. The fact that the voting 23 7 mark is made by an instrument other than a black lead pencil 23 8 shall not affect the validity of the ballot unless it appears 23 9 that the color or nature of the mark is intended to identify 23 10 the ballot contrary to the intent of section 49.107, 23 11 subsection 7. 23 12 Sec. 46. Section 49.93, Code 1995, is amended by striking 23 13 the section and inserting in lieu thereof the following: 23 14 49.93 NUMBER OF VOTES FOR EACH OFFICE. 23 15 For an office to which one person is to be elected, a voter 23 16 shall not vote for more than one candidate. If two or more 23 17 persons are to be elected to an office, the voter shall vote 23 18 for no more than the number of persons to be elected. If a 23 19 voter votes for more than the permitted number of candidates, 23 20 the vote for that office shall not count. Valid votes cast on 23 21 the rest of the ballot shall be counted. 23 22 Sec. 47. Section 49.94, Code 1995, is amended to read as 23 23 follows: 23 24 49.94 HOW TO MARK A STRAIGHT TICKET. 23 25 If the names of all the candidates for whom a voter desires 23 26 to vote in any election other than the primary electionappear23 27upon the same ticketwere nominated by the same political 23 28 party or nonparty political organization, and the voter 23 29 desires to vote for all candidateswhose names appear upon23 30such ticketnominated by that political party or organization 23 31 the voter may do so in any one of the following ways: 23 32 1. The voter mayplace a cross or check in the circle at23 33the top of such ticketmark the voting target next to the name 23 34 of the political party or nonparty political organization in 23 35 the straight party or organization section of the ballot 24 1 withoutmaking a cross or check inmarking anysquare beneath24 2said circlevoting target next to the name of a candidate 24 3 nominated by the party or organization. 24 42. The voter may place a cross or check in the square24 5opposite the name of each such candidate without making any24 6cross or check in the circle at the top of such ticket.24 73.2. The voter mayplace a cross or check in the circle24 8at the top of such ticketmark the voting target next to the 24 9 name of the political party or nonparty political organization 24 10 in the straight party or organization section of the ballot 24 11 and alsoa cross or check inmark any or all of thesquares24 12beneath said circlevoting targets next to the names of 24 13 candidates nominated by that party or organization. 24 14 Sec. 48. Section 49.95, Code 1995, is amended to read as 24 15 follows: 24 16 49.95 VOTING PART OF TICKET ONLY. 24 17 If the names of all the candidates for whom the voter 24 18 desires to voteappear upon a single ticketwere nominated by 24 19 the same political party or nonparty political organization 24 20 but the voter does not desire to vote for all of the 24 21 candidateswhose names appear thereonnominated by the party 24 22 or nonparty political organization, the voter shallplace a24 23cross or check in the square oppositemark the voting target 24 24 next to the name of eachsuchcandidate for whom the voter 24 25 desires to vote withoutmaking any cross or check in the24 26circle at the top of such ticketmarking the target next to 24 27 the name of the party or nonparty political organization in 24 28 the straight party or organization section of the ballot. 24 29 Sec. 49. Section 49.96, Code 1995, is amended to read as 24 30 follows: 24 31 49.96GROUP CANDIDATES FOR OFFICES OF SAME CLASSOFFICES 24 32 WITH MORE THAN ONE PERSON TO BE ELECTED. 24 33 Wheretwo or more offices of the same class are to be24 34filledmore than one person is to be elected to the same 24 35 office at the same election, and all of the candidates for 25 1such offices,that office for whom the voter desires to vote,25 2appear upon the voter's party ticket at the top of which the25 3voter has marked a cross or check in the circlewere nominated 25 4 by the political party or nonparty political organization for 25 5 which the voter has marked a straight party or organization 25 6 vote, the voter need not otherwise indicate the vote forsuch25 7candidate; but if the name of any candidate for whom the voter25 8desires to vote for such office appears upon a different25 9ticket, then as to such group of candidates the cross or check25 10in the circle does not apply and to indicate the voter's25 11choice the voter must place a cross or check in the square25 12opposite the name of each such candidate for whom the voter25 13desires to vote whether the same appears under such marked25 14circle or notthat office. If the voter wishes to vote for 25 15 candidates who were nominated by different political parties 25 16 or nonparty political organizations, the voter must mark the 25 17 voting target for each candidate the voter has chosen, whether 25 18 or not the voter has also marked a straight party or 25 19 organization vote. 25 20 Sec. 50. Section 49.97, Code 1995, is amended to read as 25 21 follows: 25 22 49.97 HOW TO MARK A MIXED TICKET. 25 23 If the names of all candidates for whom a voter desires to 25 24 votedowere notappear uponnominated by the sameticket25 25 political party or nonparty political organization, the voter 25 26 may indicate the candidates of the voter's choice by marking 25 27 the ballot in any one of the following ways: 25 28 1. The voter mayplace a cross or check in the circle at25 29the top of a ticket onmark a straight party or organization 25 30 vote for the party or nonparty political organization which 25 31the names ofnominated some of the candidates for whom the 25 32 voter desires to voteappear and also a cross or check in the25 33square opposite the name of each other candidate of the25 34voter's choice, whose name appears upon some ticket other than25 35the one in which the voter has marked the circle at the top26 1 and vote for candidates of other parties or nonparty political 26 2 organizations by marking the voting targets next to their 26 3 names. 26 4 2. The voter mayplace a cross or check in the square26 5opposite the name of each candidate for whom the voter desires26 6tovote for each candidate separately withoutplacing any26 7cross or check in any circlemarking any straight party or 26 8 organization vote. 26 9 Sec. 51. Section 49.98, Code 1995, is amended to read as 26 10 follows: 26 11 49.98 COUNTING BALLOTS. 26 12 The ballots shall be counted according to themarkings26 13thereon, respectively,voters' marks on them as provided in 26 14 sections 49.92 to 49.97, and not otherwise. If, for any 26 15 reason, it is impossible to determine from a ballot, as 26 16 marked, the choice of the voter for any office,such ballot26 17 the vote for that office shall not be countedfor such office. 26 18 When there is a conflict betweenthe cross or check in the26 19circle ona straight party or organization vote for oneticket26 20 political party or nonparty political organization and the 26 21cross or check in the square onvote cast by marking the 26 22 voting target next to the name of a candidate for another 26 23ticketpolitical party or nonparty political organization on 26 24 the ballot, thecross or check in the squaremark next to the 26 25 name of the candidate shall be held to control, and thecross26 26or check in the circle in suchstraight party or organization 26 27 vote in that case shall not apply as to that office. Any 26 28 ballot shall be rejected if it is marked in any other manner 26 29 than as authorized in sections 49.92 to 49.97, and in such26 30manner as to show that. A ballot shall be rejected if the 26 31 voteremployed suchused a markfor the purpose of identifying26 32 to identify the voter's ballot, shall be rejected. 26 33 Sec. 52. Section 49.99, unnumbered paragraph 1, Code 1995, 26 34 is amended to read as follows: 26 35 The voter may alsoinsert in writing in the proper place27 1 write on the line provided for write-in votes the name of any 27 2 person for whom the voter desires to vote andplace a cross or27 3check in the squaremark the voting target opposite the name. 27 4 If the voter is using a voting system other than an electronic 27 5 voting system, as defined in section 52.1, the writing of the 27 6 name shall constitute a valid vote for the person whose name 27 7 has been written on the ballot without regard to whether the 27 8 voter has made across or checkmark opposite the name. 27 9 However, when a write-in vote is cast using an electronic 27 10 voting system, the ballot must also be marked in the 27 11 corresponding space in order to be counted.The making of a27 12cross or check in a squareMarking the voting target opposite 27 13 ablankwrite-in line without writing a nameinon theblank,27 14 line shall not affect the validity of the remainder of the 27 15 ballot. 27 16 Sec. 53. Section 49.100, Code 1995, is amended to read as 27 17 follows: 27 18 49.100 SPOILED BALLOTS. 27 19AnyA voter whoshall spoilspoils a ballot may, on27 20returning the samereturn the spoiled ballot to the precinct 27 21 election officials,and receive anotherin place thereof, but27 22 ballot. However,noa voter shall not receive more than three 27 23 ballots, including the one first delivered.None butOnly 27 24 ballots provided in accordance with the provisions of this 27 25 chapter shall be counted. 27 26 Sec. 54. Section 49.125, Code 1995, is amended to read as 27 27 follows: 27 28 49.125 COMPENSATION OF TRAINEES. 27 29 All election personnel attending such training course shall 27 30 be paid for attending such course for a period not to exceed 27 31 two hours, and shall be reimbursed for travel to and from the 27 32 place where the training is given at the ratespecified in27 33section 70A.9determined by the board of supervisors if the 27 34 distance involved is more than five miles. The wages shall be 27 35 computed at the hourly rate established pursuant to section 28 1 49.20 and payment of wages and mileage for attendance shall be 28 2 made at the time that payment is made for duties performed on 28 3 election day. 28 4 Sec. 55. Section 50.13, Code 1995, is amended to read as 28 5 follows: 28 6 50.13 DESTRUCTION OF BALLOTS. 28 7 If, at the expiration of the length of time specified in 28 8 section 50.12, a contest is not pending, the commissioner, 28 9 without opening the package in which they have been enclosed, 28 10 shall destroy the ballots, in the presence of two electors,28 11one from each of the two leading political parties, who shall28 12be designated by the chairperson of the board of supervisors. 28 13 If the ballots are to be shredded, the package may be 28 14 opened, if necessary, but the ballots shall not be examined 28 15 before shredding. Shredded ballots may be recycled. The 28 16 commissioner shall invite the chairperson of each of the 28 17 political parties to designate a person to witness the 28 18 destruction of the ballots. 28 19 Sec. 56. Section 50.48, subsection 4, unnumbered paragraph 28 20 1, Code 1995, is amended to read as follows: 28 21 When all members of the recount board have been selected, 28 22 the board shall undertake and complete the required recount as 28 23 expeditiously as reasonably possible. The commissioner or the 28 24 commissioner's designee shall supervise the handling of 28 25 ballots or voting machine documents to ensure that the ballots 28 26 and other documents are protected from alteration or damage. 28 27 The board shall open only the sealed ballot containers from 28 28 the precincts specified to be recounted in the request or by 28 29 the recount board. The board shall recount only the ballots 28 30 which were voted and counted for the office in question, 28 31 including any disputed ballots returned as required in section 28 32 50.5. If an electronic tabulating system was used to count 28 33 the ballots, the recount board may request the commissioner to 28 34 retabulate the ballots using the electronic tabulating system. 28 35 The same program used for tabulating the votes on election day 29 1 shall be used at the recount. 29 2 PARAGRAPH DIVIDED. Any member of the recount board may at 29 3 any time during the recount proceedings extend the recount of 29 4 votes cast for the office or nomination in question to any 29 5 other precinct or precincts in the same county, or from which 29 6 the returns were reported to the commissioner responsible for 29 7 conducting the election, without the necessity of posting 29 8 additional bond. 29 9 Sec. 57. Section 52.10, Code 1995, is amended to read as 29 10 follows: 29 11 52.10 BALLOTS – FORM. 29 12 All ballots shall be printed in black ink on clear, white 29 13 material, of such size as will fit the ballot frame, and in as 29 14 plain, clear type as the space will reasonably permit. The 29 15 party name for each political party represented on the machine 29 16 shall be prefixed to the list of candidates of such party. 29 17 The order of the list of candidates of the several parties or 29 18 organizations shall be arranged as provided in sections 49.30 29 19 to49.4249.41, except that the lists may be arranged in 29 20 horizontal rows or vertical columns to meet the physical 29 21 requirements of the voting machine used. 29 22 Sec. 58. Section 52.12, Code 1995, is amended by striking 29 23 the section and inserting in lieu thereof the following: 29 24 52.12 EXCEPTION – STRAIGHT PARTY VOTING. 29 25 Voting machines shall have a single lever or switch which 29 26 casts a vote for each candidate of a political party or non- 29 27 party political organization which has nominated candidates 29 28 for more than one partisan office on the ballot. 29 29 Sec. 59. Section 52.33, Code 1995, is amended by adding 29 30 the following new unnumbered paragraph: 29 31 NEW UNNUMBERED PARAGRAPH. The absentee and special 29 32 precinct board shall follow the process prescribed in section 29 33 52.37, subsection 2, in handling damaged or defective ballots 29 34 and in counting write-in votes on special paper ballots. 29 35 Sec. 60. Section 52.35, subsection 2, Code 1995, is 30 1 amended to read as follows: 30 2 2. The test shall be conducted by processing a preaudited 30 3 group of ballots punched or marked so as to record a 30 4 predetermined number of valid votes for each candidate, and on 30 5 each public question, on the ballot. The test group shall 30 6 include for each office and each question one or more ballots 30 7 having votes in excess of the number allowed by law for that 30 8 office or question, in order to test the ability of the 30 9 automatic tabulating equipment to reject such votes. The 30 10 county chairperson of a political party may submit an 30 11 additional test group of ballots which, if so submitted, shall 30 12 also be tested. If any error is detected, its cause shall be 30 13 ascertained and corrected and an errorless count obtained 30 14 before the automatic tabulating equipment is approved. When 30 15 so approved, a statement attesting to the fact shall be signed 30 16 by the commissioner andsent immediately to the state30 17commissionerkept with the records of the election. 30 18 Sec. 61. Section 52.36, unnumbered paragraph 2, Code 1995, 30 19 is amended to read as follows: 30 20 The commissioner shall appoint from the lists provided by 30 21 the county political party chairpersons a resolution board to 30 22 tabulate write-in votes and to decide questions regarding 30 23 damaged, defective, or other ballots which cannot be tabulated 30 24 by machine. The commissioner shall appoint as many people to 30 25 the resolution board as the commissioner believes are 30 26 necessary. The resolution board shall be divided intothree-30 27persontwo-person teams. Each team shall consist ofno more30 28than twopeople who are not members of the same political 30 29 party. If a team is unable to decide how to count one or more 30 30 ballots, a third person shall be available to consult with the 30 31 team and to resolve disputes. Ballots which were objected to 30 32 shall be endorsed and separated as required by section 50.4. 30 33 Sec. 62. Section 52.37, subsection 2, unnumbered paragraph 30 34 2, Code 1995, is amended to read as follows: 30 35 The resolution board shall also tabulate any write-in votes 31 1 which were cast. Write-in votes cast for a candidate whose 31 2 name appears on the ballot for the same office shall be 31 3 counted as a vote for the candidate indicated, if the vote is 31 4 otherwise properly cast. 31 5 PARAGRAPH DIVIDED. Ballots which are rejected by the 31 6 tabulating equipment as blank because they have been marked 31 7 with an unreadable marker shall be duplicated or tabulated as 31 8 required by this subsection for damaged or defective ballots. 31 9 The commissioner may instruct the resolution board to mark 31 10 over voters' unreadable marks using a marker compatible with 31 11 the tabulating equipment. The resolution board shall take 31 12 care to leave part of the original mark made by the voter. If 31 13 it is impossible to mark over the original marks made by the 31 14 voter without completely obliterating them, the ballot shall 31 15 be duplicated. 31 16 Sec. 63. Section 52.38, unnumbered paragraph 1, Code 1995, 31 17 is amended to read as follows: 31 18 All portable tabulating devices shall be tested before any 31 19 election in which they are to be used following the procedure 31 20 in section 52.35, subsection 2. Testing shall be completed 31 21 not later than twelve hours before the opening of the polls on 31 22 the morning of the election.The portable tabulating devices31 23shall be tested at the polling place where they are to be31 24used.The chairperson of each political party shall be 31 25 notified in writing of the time the devices will be tested so 31 26 that the chairperson or a representative may be present. 31 27 Those present for the test shall sign a certificate which 31 28 shall read substantially as follows: 31 29 Sec. 64. Section 52.40, subsection 1, Code 1995, is 31 30 amended to read as follows: 31 31 1. In counties where counting centers have been 31 32 established under section 52.34, the commissioner may 31 33 designate certain polling places as early ballot pick-up 31 34 sites. At these sites, between the hours of one p.m. and four 31 35 p.m. on the day of the election, two precinct election 32 1 officials of different political parties shall seal the ballot 32 2 container to prevent the addition or removal of ballots and 32 3 replace it with an empty, locked ballot container. The sealed 32 4 ballot container shall be kept in a safe place in view of the 32 5 precinct election officials. The early pick-up officers shall 32 6 receive the sealed ballot container containing the ballots 32 7 which have been votedthroughout the dayalong with a signed 32 8 statement of the precinct officials attesting to the number of 32 9 declarations of eligibility signed up to that time, excluding 32 10 those declarations signed by voters whohavehad not yet 32 11 placed their ballots in the ballot container when it was 32 12 sealed.The officers shall replace the ballot container32 13containing the voted ballots with an empty ballot container,32 14to be sealed in the presence of a precinct election official.32 15 Sec. 65. Section 53.2, unnumbered paragraph 1, Code 32 16 Supplement 1995, is amended to read as follows: 32 17 Any registered voter, under the circumstances specified in 32 18 section 53.1, may on any day, except election day, and not 32 19 more than seventy days prior to the date of the election, 32 20 apply in person for an absentee ballot at the commissioner's 32 21 office or at any location designated by the commissioner, or 32 22 make written application to the commissioner for an absentee 32 23 ballot. The state commissioner shall prescribe a form for 32 24 absentee ballot applications. However, if a registered voter 32 25 submits an application that includes all of the information 32 26 required in this section, the prescribed form is not required. 32 27 Absentee ballot applications may include instructions to send 32 28 the application directly to the county commissioner of 32 29 elections. However, no absentee ballot application shall be 32 30 preaddressed or printed with instructions to send the 32 31 applications to anyone other than the appropriate 32 32 commissioner. 32 33 Sec. 66. Section 53.19, unnumbered paragraph 3, Code 1995, 32 34 is amended to read as follows: 32 35 However, any registered voter who has received an absentee 33 1 ballot and notvotedreturned it, may surrender theunmarked33 2 absentee ballot to the precinct officials and vote in person 33 3 at the polls. The precinct officials shall mark the uncast 33 4 absentee ballot "void" and return it to the commissioner. Any 33 5 registered voter who has been sent an absentee ballot by mail 33 6 but for any reason has not received it may appear at the 33 7 voter's precinct polling place on election day and sign an 33 8 affidavit to that effect, after which the voter shall be 33 9 permitted to vote in person. The form of the affidavit for 33 10 use in such cases shall be prescribed by the state 33 11 commissioner. 33 12 Sec. 67. Section 54.5, Code 1995, is amended by adding the 33 13 following new unnumbered paragraph: 33 14 NEW UNNUMBERED PARAGRAPH. If a candidate for the office of 33 15 president or vice president of the United States withdraws, 33 16 dies, or is otherwise removed from the ballot before the 33 17 general election, another candidate may be substituted. The 33 18 substitution shall be made by the state central committee of 33 19 the political party or by the governing committee of the 33 20 national party. If there are differences, the substitution 33 21 made by the state central committee shall prevail. A nonparty 33 22 political organization which has filed the names of party 33 23 officers and central committee members with the secretary of 33 24 state before the close of the filing period for the general 33 25 election pursuant to section 44.17 may also make 33 26 substitutions. A substitution must be filed no later than 33 27 seventy-four days before the election. 33 28 Sec. 68. Section 59.1, Code 1995, is amended by adding the 33 29 following new unnumbered paragraph: 33 30 NEW UNNUMBERED PARAGRAPH. A special election for a seat in 33 31 either house of the general assembly may be contested. The 33 32 contestant shall serve notice on the incumbent in the manner 33 33 described in this section not later than twenty days after the 33 34 state canvass of votes for the election. A copy of the notice 33 35 shall also be filed with the presiding officer of the house in 34 1 which the contest is to be tried, if the general assembly is 34 2 in session. If the general assembly is not in session, a copy 34 3 of the notice shall be filed with the secretary of state. The 34 4 secretary of state shall notify the presiding officer of the 34 5 house in which the contest will be tried. 34 6 Sec. 69. Section 62.1, Code 1995, is amended to read as 34 7 follows: 34 8 62.1 CONTEST COURT. 34 9 The court for the trial of contested county elections shall 34 10be thus constituted: The chairperson of the board of34 11supervisors shall be the presiding officer, andconsist of one 34 12 person named by the contestant and one person named by the 34 13 incumbentmay each name a person who shall be associated with34 14the chairperson. If the incumbent fails to name a judge, the 34 15 chief judge of the judicial district shall be notified of the 34 16 failure to appoint. The chief judge shall designate the 34 17 second judge within one week after the chief judge is 34 18 notified. These two judges shall meet within three days and 34 19 select a third person to serve as the presiding officer of the 34 20 court. If they cannot agree on the third member of the court 34 21 within three days after their initial meeting, the chief judge 34 22 of the judicial district shall be notified of the failure to 34 23 agree. The chief judge shall designate the presiding judge 34 24 within one week after the chief judge is notified. 34 25 Sec. 70. Section 62.2, Code 1995, is amended to read as 34 26 follows: 34 27 62.2 JUDGES. 34 28The contestant and incumbent shall each file in the34 29auditor's office, on or before the day of trial, a written34 30nomination of one associate judge of the contested election,34 31whoJudges shall be sworn in the same manner and form as trial 34 32 jurors are sworn in trials of civil actions; if either the34 33contestant or the incumbent fails to nominate, the presiding34 34judge shall appoint for that person. Wheneither of the34 35nominated judgesa judge fails to appear on the day of trial, 35 1 that judge's place may be filled by another appointment under 35 2 the same rule. 35 3 Sec. 71. Section 62.9, Code 1995, is amended to read as 35 4 follows: 35 5 62.9 TRIAL – NOTICE. 35 6 Thechairperson of the board of supervisorspresiding judge 35 7 shallthereuponfix a day for the trial, not more than thirty 35 8nor less than twentydays thereafter, and shall cause a notice 35 9 of such trial to be served on the incumbent, with a copy of 35 10 the contestant's statement, at least ten days before the day 35 11 set for trial. If the trial date is set for less than twenty 35 12 days from the day notice is given and either party is not 35 13 ready, the presiding judge shall delay the trial. 35 14 Sec. 72. Section 69.14A, subsection 1, paragraph a, 35 15 unnumbered paragraph 2, Code 1995, is amended to read as 35 16 follows: 35 17 However, if within fourteen days after publication of the 35 18 notice or within fourteen days after the appointment is made, 35 19whichever is later,a petition is filed with the county 35 20 auditor requesting a special election to fill the vacancy, the 35 21 appointment is temporary and a special election shall be 35 22 called as provided in paragraph "b". The petition shall meet 35 23 the requirements of section 331.306, except that in counties 35 24 where supervisors are elected under plan "three", the number 35 25 of signatures calculated according to the formula in section 35 26 331.306 shall be divided by the number of supervisor districts 35 27 in the county. 35 28 Sec. 73. Section 69.14A, subsection 1, paragraph b, 35 29 unnumbered paragraph 1, Code 1995, is amended to read as 35 30 follows: 35 31 By special election held to fill the office for the 35 32 remaining balance of the unexpired term. The committee of 35 33 county officers designated to fill the vacancy in section 69.8 35 34 may, on its own motion, or shall, upon receipt of a petition 35 35 as provided in paragraph "a", call for a special election to 36 1 fill the vacancy in lieu of appointment. The committee shall 36 2 order the special election at the earliest practicable date, 36 3 but giving at leastthirtythirty-two days' notice of the 36 4 election. A special election called under this section shall 36 5 be held on a Tuesday and shall not be held on the same day as 36 6 a school election within the county. 36 7 Sec. 74. Section 69.14A, subsection 2, paragraph a, 36 8 unnumbered paragraph 2, Code 1995, is amended to read as 36 9 follows: 36 10 However, if within fourteen days after publication of the 36 11 notice or within fourteen days after the appointment is made, 36 12whichever is later,a petition is filed with the county 36 13 auditor requesting a special election to fill the vacancy, the 36 14 appointment is temporary and a special election shall be 36 15 called as provided in paragraph "b". The petition shall meet 36 16 the requirements of section 331.306. 36 17 Sec. 75. Section 69.14A, subsection 2, paragraph b, 36 18 unnumbered paragraph 1, Code 1995, is amended to read as 36 19 follows: 36 20 By special election held to fill the office for the 36 21 remaining balance of the unexpired term. The board of 36 22 supervisors may, on its own motion, or shall, upon receipt of 36 23 a petition as provided in paragraph "a", call for a special 36 24 election to fill the vacancy in lieu of appointment. The 36 25committeesupervisors shall order the special election at the 36 26 earliest practicable date, but giving at leastthirtythirty- 36 27 two days' notice of the election. A special election called 36 28 under this section shall be held on a Tuesday and shall not be 36 29 held on the same day as a school election within the county. 36 30 Sec. 76. Section 277.4, unnumbered paragraph 2, Code 36 31 Supplement 1995, is amended to read as follows: 36 32 Each candidate shall be nominated by petition. If the 36 33 candidate is running foran at-largea seat in the district 36 34 which is voted for at-large, the petition must be signed by at 36 35 least ten eligible electors, or a number of eligible electors 37 1 equal in number to not less than one percent of the registered 37 2 voters of the school district, whichever is more. If the 37 3 candidate is running for a seat which is voted for only by the 37 4 voters of a director district, the petition must be signed by 37 5 at least ten eligible electors of the director district or a 37 6 number of eligible electors equal in number to not less than 37 7 one percent of the registered voters in the director district, 37 8 whichever is more. A petition filed under this section shall 37 9 not be required to have more than one hundred signatures. 37 10 PARAGRAPH DIVIDED. Signers of nomination petitions shall 37 11 include their addresses and the date of signing, and must 37 12 reside in the same director district as the candidate if 37 13 directors are elected by the voters of a director district, 37 14 rather than at large. A person may sign nomination petitions 37 15 for more than one candidate for the same office, and the 37 16 signature is not invalid solely because the person signed 37 17 nomination petitions for one or more other candidates for the 37 18 office. The petition shall be filed with the affidavit of the 37 19 candidate being nominated, stating the candidate's name, place 37 20 of residence, that such person is a candidate and is eligible 37 21 for the office the candidate seeks, and that if elected the 37 22 candidate will qualify for the office. The affidavit shall 37 23 also state that the candidate is aware that the candidate is 37 24 disqualified from holding office if the candidate has been 37 25 convicted, and never pardoned, of a felony or other infamous 37 26 crime. 37 27 Sec. 77. Section 278.1, subsection 8, Code 1995, is 37 28 amended to read as follows: 37 29 8. Authorizethe establishment or abandonment of director37 30districts or a change of boundaries of director districtsa 37 31 change in the method of conducting elections or in the number 37 32 of directors as provided in sections 275.35 and 275.36. If a 37 33 proposition submitted to the voters under this subsection or 37 34 subsection 7of this sectionis rejected, it may not be 37 35 resubmitted to the voters of the district in substantially the 38 1 same form within the next three years; if it is approved, no 38 2 other proposal may be submitted to the voters of the district 38 3 under this subsection or subsection 7of this sectionwithin 38 4 the next six years. 38 5 Sec. 78. Section 372.2, subsection 2, Code 1995, is 38 6 amended to read as follows: 38 7 2. Within fifteen days after receiving a valid petition, 38 8 the council shallproclaimpublish notice of the date that a 38 9 special city electiontowill be heldwithin sixty daysto 38 10 determine whether the city shall change to a different form of 38 11 government. The election date shall be not more than sixty 38 12 days after the publication. The notice shall include a 38 13 statement that the filing of a petition for appointment of a 38 14 home rule charter commission will delay the election until 38 15 after the home rule charter commission has filed a proposed 38 16 charter. Petition requirements and filing deadlines shall 38 17 also be included in the notice. 38 18 PARAGRAPH DIVIDED. The council shall notify the county 38 19 commissioner of elections to publish notice of the election 38 20 and conduct the election pursuant to chapters 39 to 53. The 38 21 county commissioner of elections shall certify the results of 38 22 the election to the council. 38 23 Sec. 79. Section 372.3, Code 1995, is amended by striking 38 24 the section and inserting in lieu thereof the following: 38 25 372.3 HOME RULE CHARTER. 38 26 If a petition for appointment of a home rule charter com- 38 27 mission is filed with the city clerk not more than ten days 38 28 after the council has published notice announcing the date of 38 29 the special election on adoption of another form of 38 30 government, the special election shall not be held until the 38 31 charter proposed by the home rule charter commission is filed. 38 32 Both forms must be published as provided in section 372.9 and 38 33 submitted to the voters at the special election. 38 34 Sec. 80. Section 372.13, subsection 2, paragraph a, 38 35 unnumbered paragraph 1, Code 1995, is amended to read as 39 1 follows: 39 2 By appointment by the remaining members of the council, 39 3 except that if the remaining members do not constitute a 39 4 quorum of the full membership, paragraph "b" shall be 39 5 followed. The appointment shall be for the period until the 39 6 next pending election as defined in section 69.12, and shall 39 7 be made within forty days after the vacancy occurs. If the 39 8 council chooses to proceed under this paragraph, it shall 39 9 publish notice in the manner prescribed by section 362.3, 39 10 stating that the council intends to fill the vacancy by 39 11 appointment but that the electors of the city or ward, as the 39 12 case may be, have the right to file a petition requiring that 39 13 the vacancy be filled by a special election. The council may 39 14 publish notice in advance if an elected official submits a 39 15 resignation to take effect at a future date. The council may 39 16 make an appointment to fill the vacancy after the notice is 39 17 published or after the vacancy occurs, whichever is later. 39 18 However, if within fourteen days after publication of the 39 19 notice or within fourteen days after the appointment is made,39 20whichever is later, there is filed with the city clerk a 39 21 petition which requests a special election to fill the 39 22 vacancy, an appointment to fill the vacancy is temporary and 39 23 the council shall call a special election to fill the vacancy 39 24 permanently, under paragraph "b". The number of signatures of 39 25 eligible electors of a city for a valid petition shall be 39 26 determined as follows: 39 27 Sec. 81. Section 376.4, unnumbered paragraph 1, Code 1995, 39 28 is amended to read as follows: 39 29 An eligible elector of a city may become a candidate for an 39 30 elective city office by filing with the city clerk a valid 39 31 petition requesting that the elector's name be placed on the 39 32 ballot for that office. The petition must be filed not more 39 33 than seventy-one daysnorand not less than forty-seven days 39 34 before the date of the election, and must be signed by 39 35 eligible electors equal in number to at least two percent of 40 1 those who voted to fill the same office at the last regular 40 2 city election, but not less than ten persons. However, for 40 3 those cities which may be required to hold a primary election, 40 4 the petition must be filed not more than eighty-five days and 40 5 not less than sixty-eight days before the date of the regular 40 6 city election. A person may sign nomination petitions for 40 7 more than one candidate for the same office, and the signature 40 8 is not invalid solely because the person signed nomination 40 9 petitions for one or more other candidates for the office. 40 10 Nomination petitions shall be filed not later than five 40 11 o'clock p.m. on the last day for filing. 40 12 Sec. 82. Section 376.10, Code 1995, is amended to read as 40 13 follows: 40 14 376.10 CONTEST. 40 15 A nomination or election to a city office may be contested 40 16 in the manner provided in chapter 62 for contesting elections 40 17 to county offices, except that a statement of intent to 40 18 contest must be filed with the city clerk within ten days 40 19 after the nomination or election.The mayor is presiding40 20officer of the court for the trial of a nomination or election40 21contest, except that if the mayor's nomination or election is40 22contested, the council shall elect one of its members other40 23than the mayor to serve as presiding officer.40 24 Sec. 83. Sections 49.27, 49.29, and 49.42, Code 1995, are 40 25 repealed. 40 26 Sec. 84. IMMEDIATE EFFECTIVE DATE. New Iowa Code section 40 27 39.1A and amendments to Iowa Code sections 48A.22, 48A.26 40 28 through 48A.29, 49.13, 49.16, 49.25, 50.48, 52.33, 52.35 40 29 through 52.38, 52.40, 53.2, 53.19, 62.1, 62.2, 62.9, 69.14A, 40 30 277.4, 278.1, and 372.13, being deemed of immediate 40 31 importance, take effect upon enactment. 40 32 HF 2387 40 33 sc/pk/25
Text: HF02386 Text: HF02388 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Jun 6 15:42:36 CDT 1996
URL: /DOCS/GA/76GA/Legislation/HF/02300/HF02387/960306.html
jhf