Text: HSB00297 Text: HSB00299 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 officeand 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 receivesthe greater ofat least five votesor a1 21number of votes equal to at least five percent of the votes1 22cast in the subdivision at the last preceding general election1 23for the party's candidate for president of the United States1 24or 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, thetime limit herein provided2 26 nomination shallnot applybe 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 thansevenfourteen days 3 4 before the date of an election called upon at leastten3 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 48A.19, subsection 1, paragraph c, Code 3 18 1995, is amended to read as follows: 3 19 c. Other federaland stateagencies designated to provide 3 20 voter registration servicesinclude, including, butarenot 3 21 limited to, the United States armed forces recruiting offices. 3 22 Sec. 7. Section 49.66, Code 1995, is amended to read as 3 23 follows: 3 24 49.66 RESERVE SUPPLY OF BALLOTS. 3 25 The commissioner shall provide and retain at the 3 26 commissioner's office an ample supply of ballots, in addition 3 27 to those distributed to the several voting precincts, and if. 3 28 If at any time the ballots furnished to any precinct shall be 3 29 lost, destroyed, or if the chairperson of the precinct 3 30 election officials determines that the supply of ballots will 3 31 be exhausted before the polls are closed,on written3 32application, signed by a majority ofthe chairperson of the 3 33 precinct election officials ofsuchthe precinct, or signed3 34and sworn to by one of such officials, theshall immediately 3 35 contact the commissioner by telephone. If no telephone is 4 1 available, a messenger shall be sent to the commissioner with 4 2 a written application for additional ballots. The application 4 3 shall be signed by a majority of the precinct election 4 4 officials. The commissioner shall keep written records of all 4 5 requests for additional ballots and shall immediately cause to 4 6 be delivered tosuchthe officials, at the polling place, such 4 7 additional supply of ballots as may be required, and 4 8 sufficient to comply with the provisions of this chapter. 4 9 Sec. 8. Section 49.67, Code 1995, is amended by striking 4 10 the section and inserting in lieu thereof the following: 4 11 49.67 FORM OF RESERVE SUPPLY. 4 12 The number of reserve ballots for each precinct shall be 4 13 determined by the commissioner. 4 14 If necessary, the commissioner or the commissioner's 4 15 designee may make photocopies of official ballots to replace 4 16 or replenish ballot supplies. The commissioner shall keep a 4 17 record of the number of photocopied ballots made for each 4 18 precinct, the name of the person who made the photocopies, and 4 19 the date, time, and location at which the photocopies were 4 20 made. These records shall be made on forms and following 4 21 procedures prescribed by the secretary of state by 4 22 administrative rule. 4 23 In any precinct where photocopied ballots are used, each 4 24 photocopied ballot shall be initialed as required by section 4 25 49.82 by two precinct officials immediately before being 4 26 issued to the voter. In partisan elections the two precinct 4 27 officials shall be of different political parties. 4 28 Sec. 9. Section 50.24, unnumbered paragraph 1, Code 1995, 4 29 is amended to read as follows: 4 30 The county board of supervisors shall meet to canvass the 4 31 vote on the first Monday or Tuesday after the day of each 4 32 election to which this chapter is applicable, unless the law 4 33 authorizing the election specifies another date for the 4 34 canvass. If that Monday or Tuesday is a public holiday, 4 35 section 4.1, subsection 34 controls. Upon convening, the 5 1 board shall open and canvass the tally lists and shall prepare 5 2 abstracts stating, in words written at length, the number of 5 3 votes cast in the county, or in that portion of the county in 5 4 which the election was held, for each office and on each 5 5 question on the ballot for the election. The board shall 5 6 contact the chairperson of the special precinct board before 5 7 adjourning and include in the canvass any absentee ballots 5 8 which were received after the polls closed in accordance with 5 9 section 53.17 and which were canvassed by the special precinct 5 10 board after election day. The abstract shall further indicate 5 11 the name of each person who received votes for each office on 5 12 the ballot, and the number of votes each person named received 5 13 for that office, and the number of votes for and against each 5 14 question submitted to the voters at the election. The votes 5 15 of all write-in candidates who each received less than two 5 16 percent of the votes cast for an office shall be reported 5 17 collectively under the heading "scattering". 5 18 Sec. 10. Section 50.36, Code 1995, is amended by striking 5 19 the section and inserting in lieu thereof the following: 5 20 50.36 ENVELOPES CONTAINING OTHER ABSTRACTS &endash; CANVASS. 5 21 The secretary of state, upon receipt of the envelopes 5 22 containing the abstracts of votes, shall open and canvass the 5 23 abstracts for all offices except governor and lieutenant 5 24 governor. 5 25 The secretary of state shall invite to attend the canvass 5 26 one representative from each political party which, at the 5 27 last preceding general election, cast for its candidate for 5 28 president of the United States or for governor, as the case 5 29 may be, at least two percent of the total vote cast for all 5 30 candidates for that office at that election, as determined by 5 31 the secretary of state. The secretary of state shall notify 5 32 the chairperson of each political party of the time of the 5 33 canvass. However, the presence of a representative from a 5 34 political party is not necessary for the canvass to proceed. 5 35 Sec. 11. Section 50.37, Code 1995, is amended to read as 6 1 follows: 6 2 50.37 STATE CANVASSING BOARD. 6 3 The executive council shall constitute a board of 6 4 canvassers of all abstracts of votes required to be filed with 6 5 the state commissioner, except for the offices of governor and 6 6 lieutenant governor.No member of such board shall take part6 7in canvassing the votes for an office for which the member is6 8a candidate.Any clerical error found by the secretary of 6 9 state or state board of canvassers shall be corrected by the 6 10 county commissioner in a letter addressed to the state board 6 11 of canvassers. 6 12 Sec. 12. Section 50.38, Code 1995, is amended by striking 6 13 the section and inserting in lieu thereof the following: 6 14 50.38 TIME OF STATE CANVASS. 6 15 Not later than twenty-seven days after the day of the 6 16 election, the secretary of state shall present to the board of 6 17 state canvassers abstracts of votes cast at the election 6 18 showing the number of ballots cast for each office and a 6 19 summary of the results for each office, showing the votes cast 6 20 in each county. The state board of canvassers shall review 6 21 the results compiled by the secretary of state and, if the 6 22 results are accurately tabulated, the state board shall 6 23 approve the canvass. 6 24 Sec. 13. NEW SECTION. 50.49 RECOUNTS FOR PUBLIC 6 25 MEASURES. 6 26 A recount for any public measure shall be ordered by the 6 27 board of canvassers if a petition requesting a recount is 6 28 filed with the county commissioner not later than three days 6 29 after the completion of the canvass of votes for the election 6 30 at which the question appeared on the ballot. The petition 6 31 shall be signed by the greater of not less than ten eligible 6 32 electors or a number of eligible electors equaling one percent 6 33 of the total number of votes cast upon the public measure. 6 34 Each petitioner must be a person who was entitled to vote on 6 35 the public measure in question or would have been so entitled 7 1 if registered to vote. 7 2 The recount shall be conducted by a board which shall 7 3 consist of: 7 4 1. A designee named in the petition requesting the 7 5 recount. 7 6 2. A designee named by the commissioner at or before the 7 7 time the board is required to convene. 7 8 3. A person chosen jointly by the members designated under 7 9 subsections 1 and 2. 7 10 The commissioner shall convene the persons designated under 7 11 subsections 1 and 2 not later than nine a.m. on the seventh 7 12 day following the canvass of the election in question. If 7 13 those two members cannot agree on the third member by eight 7 14 a.m. on the ninth day following the canvass, they shall 7 15 immediately notify the chief judge of the judicial district in 7 16 which the canvass is occurring, who shall appoint the third 7 17 member not later than five p.m. on the eleventh day following 7 18 the canvass. 7 19 The petitioners requesting the recount shall post a bond as 7 20 required by section 50.48, subsection 2. The amount of the 7 21 bond shall be one thousand dollars for a public measure 7 22 appearing on the ballot statewide or one hundred dollars for 7 23 any other public measure. If the difference between the 7 24 affirmative and negative votes cast on the public measure is 7 25 less than the greater of fifty votes or one percent of the 7 26 total number of votes cast for and against the question, a 7 27 bond is not required. 7 28 The procedure for the recount shall follow the provisions 7 29 of section 50.48, subsections 4 through 7, as far as possible. 7 30 Sec. 14. Section 53.23, subsection 4, Code 1995, is 7 31 amended to read as follows: 7 32 4. The room where members of the special precinct election 7 33 board are engaged in counting absentee ballots during the 7 34 hours the polls are open shall be policed so as to prevent any 7 35 person other than those whose presence is authorized by this 8 1 subsection from obtaining information about the progress of 8 2 the count. The only persons who may be admitted to that room 8 3 are the members of the board, one challenger representing each 8 4 political party, one observer representing any nonparty 8 5 political organization or any candidate nominated by petition 8 6 pursuant to chapter 45 or any other nonpartisan candidate in a 8 7 city or school election appearing on the ballot of the 8 8 election in progress, one observer representing persons 8 9 supporting a public measure appearing on the ballot and one 8 10 observer representing persons opposed to such measure, and the 8 11 commissioner or the commissioner's designee. It shall be 8 12 unlawful for any of these persons to communicate or attempt to 8 13 communicate, directly or indirectly, information regarding the 8 14 progress of the count at any time before the polls are closed. 8 15 Sec. 15. Section 69.14, Code 1995, is amended to read as 8 16 follows: 8 17 69.14 SPECIAL ELECTION TO FILL VACANCIES. 8 18 A special election to fill a vacancy shall be held for a 8 19 representative in Congress, or senator or representative in 8 20 the general assembly, when the body in which such vacancy 8 21 exists is in session, or will convene prior to the next 8 22 general election, and the governor shall order, not later than 8 23 five days from the date the vacancy exists, a special 8 24 election, giving not less than forty days' notice of such 8 25 election. In the event the special election is to fill a 8 26 vacancy in the general assembly while it is in session or 8 27 within forty-five days of the convening of any session, the 8 28 time limithereinprovided in this section shall not apply and 8 29 the governor shall order such special election at the earliest 8 30 practical time, giving at leastteneighteen days' notice 8 31thereofof the special election. Any special election called 8 32 under this section must be held on a Tuesday and shall not be 8 33 held on the same day as a school election within the district. 8 34 Sec. 16. Section 275.23A, subsection 1, Code 1995, is 8 35 amended to read as follows: 9 1 1. School districts which have directors who represent 9 2 director districts as provided in section 275.12, subsection 9 3 2, paragraphs "b", "c", "d", and "e", shall be divided into 9 4 director districts according to the following standards: 9 5 a. All director district boundaries shall follow the 9 6precinctboundaries of areas for which official population 9 7 figures are available from the most recent federal decennial 9 8 census and, wherever possible, shall follow precinct 9 9 boundaries. 9 10 b. To the extent possible in order to comply with 9 11 paragraph "a", all director districts shall be as nearly equal 9 12 as practicable to the ideal population for the districts as 9 13 determined by dividing the number of districts to be 9 14 established into the population of the school district. 9 15 c. All districts shall be composed of contiguous territory 9 16 as compact as practicable unless the school district is 9 17 composed of marginally adjacent territory. A school district 9 18 which is composed of marginally adjacent territory shall have 9 19 director districts composed of contiguous territory to the 9 20 extent practicable. 9 21 d. Consideration shall not be given to the addresses of 9 22 incumbent officeholders, political affiliations of registered 9 23 voters, previous election results, or demographic information 9 24 other than population head counts, except as required by the 9 25 Constitution and the laws of the United States. 9 26 e. Cities shall not be divided into two or more districts 9 27 unless the population of the city is greater than the ideal 9 28 size of a director district. Cities shall be divided into the 9 29 smallest number of director districts possible. 9 30 Sec. 17. Section 277.4, unnumbered paragraph 2, Code 1995, 9 31 is amended to read as follows: 9 32 Each candidate shall be nominated by petition. If the 9 33 candidate is running for an at-large seat in the district, the 9 34 petition must be signed by at least ten eligible electors, or 9 35 a number of eligible electors equal in number to not less than 10 1 one percent of thequalified electorsregistered voters of the 10 2 school districtor one hundred eligible electors of the10 3district, whichever is less. If the candidate is running for 10 4 a seatinwhich is voted for only by the voters of a director 10 5 district, the petition must be signed by at least ten eligible 10 6 electors of the director district or a number of eligible 10 7 electors equal in number to not less than one percent of the 10 8qualified electorsregistered voters in the director district 10 9or one hundred eligible electors in the district, whichever is10 10less. A petition filed under this section shall not be 10 11 required to have more than one hundred signatures. Signers of 10 12 nomination petitions shall include their addresses and the 10 13 date of signing, and must reside in the same director district 10 14 as the candidate if directors are elected by the voters of a 10 15 director district, rather than at large. A person may sign 10 16 nomination petitions for more than one candidate for the same 10 17 office, and the signature is not invalid solely because the 10 18 person signed nomination petitions for one or more other 10 19 candidates for the office. The petition shall be filed with 10 20 the affidavit of the candidate being nominated, stating the 10 21 candidate's name, place of residence, that such person is a 10 22 candidate and is eligible for the office the candidate seeks, 10 23 and that if elected the candidate will qualify for the office. 10 24 The affidavit shall also state that the candidate is aware 10 25 that the candidate is disqualified from holding office if the 10 26 candidate has been convicted, and never pardoned, of a felony 10 27 or other infamous crime. 10 28 Sec. 18. Section 296.2, Code 1995, is amended to read as 10 29 follows: 10 30 296.2 PETITION FOR ELECTION. 10 31 Before indebtedness can be contracted in excess of one and 10 32 one-quarter percent of the assessed value of the taxable 10 33 property, a petition signed bya numbereligible electors 10 34 equal in number to twenty-five percent of those voting at the 10 35 last election of school officials shall be filed with the 11 1 president of the board of directors, asking that an election 11 2 be called, stating the amount of bonds proposed to be issued 11 3 and the purpose or purposes for which the indebtedness is to 11 4 be created, and that the purpose or purposes cannot be 11 5 accomplished within the limit of one and one-quarter percent 11 6 of the valuation. The petition may request the calling of an 11 7 election on one or more propositions and a proposition may 11 8 include one or more purposes. 11 9 Sec. 19. NEW SECTION. 376.12 QUESTIONS SUBMITTED TO CITY 11 10 ELECTORATE. 11 11 The question of expansion of an existing activity or 11 12 operation located within the corporate limits of a city shall 11 13 be submitted to only the voters of the city for approval by 11 14 referendum, any statutes to the contrary notwithstanding. 11 15 Sec. 20. Section 384.12, subsection 20, paragraph a, Code 11 16 1995, is amended to read as follows: 11 17 a. The election may be held as specifiedhereinin this 11 18 subsection if notice is given by the city council, not later 11 19 thanFebruary 15thirty-two days before the second Tuesday in 11 20 March, to the county commissioner of elections that the 11 21 election is to be held. 11 22 EXPLANATION 11 23 This bill makes numerous changes to the election laws. 11 24 Code sections 43.49 and 50.24 are amended to provide that 11 25 write-in votes constituting less than 2 percent of the vote 11 26 for an office shall be listed on the abstract of votes under 11 27 the heading "scattering". 11 28 Code section 43.53 is amended to allow for nomination for 11 29 any township office by write-in votes if the person receives 11 30 at least five votes. 11 31 Code sections 43.63 and 50.36 through 50.38 are amended to 11 32 require that tabulation of the county abstracts of votes 11 33 begins as soon as the abstracts are available from the 11 34 counties. Under present law, the tabulation is to begin 11 35 nearly two weeks after the primary election and three weeks 12 1 after the general election. Sections 43.63 and 50.36 are also 12 2 amended to allow one representative from each political party 12 3 to attend the canvass by the secretary of state. 12 4 Amendments to Code sections 43.88, 44.4, and 69.14 increase 12 5 the amount of time required for notice of a special election 12 6 to fill a vacancy in the general assembly while it is in 12 7 session or within 45 days of convening. The bill requires the 12 8 governor to give at least 18 days' notice of the election. 12 9 Present law requires the governor to give 10 days' notice. 12 10 The candidate filing deadline is changed from seven to 14 days 12 11 before the date of the election. 12 12 Code section 48A.19 is amended to delete the requirement 12 13 that the secretary of state designate state agencies as voter 12 14 registration agencies other than those agencies specifically 12 15 identified in the National Voter Registration Act. 12 16 Code section 49.66 is amended to require that precinct 12 17 election officials telephone the county auditor to request 12 18 additional ballots as soon as they believe that additional 12 19 ballots are needed. If no telephone is available, the 12 20 officials are required to send a written request for 12 21 additional ballots with a messenger. 12 22 Code section 49.67 is amended to allow the county auditor 12 23 to photocopy additional ballots if the supply of ballots is 12 24 insufficient. The bill also requires that two precinct 12 25 election officials initial the photocopied ballots voted in 12 26 partisan elections. 12 27 Code section 50.49 is created to allow persons to request a 12 28 recount of a public measure. Under present law, the only way 12 29 to obtain a recount for a public measure on the ballot is to 12 30 contest the election. 12 31 Code section 53.23 is amended to allow persons in favor of 12 32 a public measure on the ballot and persons opposed to the 12 33 measure to be observers allowed to be present at the counting 12 34 of the absentee ballots on the measure. 12 35 Code section 275.23A is amended to make two technical 13 1 corrections regarding the drawing of school director district 13 2 boundaries. The bill adds two types of school director 13 3 district plans to the list of plans required to comply with 13 4 standards for drawing boundaries. The bill also provides that 13 5 school director district boundaries follow census block lines 13 6 rather than the precinct boundaries of those areas which have 13 7 census block lines. An amendment to this section enacted by 13 8 the general assembly in 1994 omitted striking the word 13 9 "precinct". 13 10 Code section 277.4 is amended to change the number of 13 11 signatures of eligible electors required on a nomination 13 12 petition for a school district director board from a number 13 13 equal to not less than 1 percent of the number of registered 13 14 voters in the district to a number equal to not less than 1 13 15 percent of the number of registered voters in the district, 13 16 but at least 10. 13 17 Code section 296.2 amends the school corporation bond 13 18 issuance petition requirement to specify that the petition may 13 19 be signed by eligible electors. 13 20 New section 376.12 is created to provide that the question 13 21 of expansion of an activity or operation within the corporate 13 22 limits of a city shall be referred only to the voters of that 13 23 city. 13 24 Code section 384.12, subsection 20, is amended to require 13 25 that a city council give notice of a special election on the 13 26 question of whether to exceed the statutory property tax levy 13 27 limit at least 32 days before the date of the election, which 13 28 is held on the second Tuesday in March. Present law provides 13 29 that notice shall be given by February 15. 13 30 LSB 2581HC 76 13 31 sc/sc/14.1
Text: HSB00297 Text: HSB00299 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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