Text: HSB00552                          Text: HSB00554
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Bills and Amendments: General Index     Bill History: General Index

House Study Bill 553

Conference Committee Text

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 section 43.66 43.52 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 each
  1 17 person who was nominated by write-in votes for a county or
  1 18 township office that the person is required to file an
  1 19 affidavit of candidacy if the person wishes to be a candidate
  1 20 for that office at the general election.  Immediately after
  1 21 the completion of the canvass held under section 43.63, the
  1 22 secretary of state shall notify each person who was nominated
  1 23 by write-in votes for a state or federal office that the
  1 24 person is required to file an affidavit of candidacy if the
  1 25 person wishes to be a candidate for that office at the general
  1 26 election.  If the affidavit is not filed by five p.m. on the
  1 27 seventh day after the completion of the canvass, that person's
  1 28 name shall not be placed upon the official general election
  1 29 ballot.  The affidavit shall be signed by the candidate,
  1 30 notarized, and filed with the county auditor or the secretary
  1 31 of state, whichever is applicable.
  1 32    Sec. 3.  Section 43.73, unnumbered paragraph 1, Code 1995,
  1 33 is amended to read as follows:
  1 34    Not less than sixty-nine days before the general election
  1 35 the state commissioner shall certify to each commissioner,
  2  1 under separate party headings, the name of each person
  2  2 nominated as shown by the official canvass made by the
  2  3 executive council, or as certified to the state commissioner
  2  4 by the proper persons when any person has been nominated by a
  2  5 convention or by a party committee, or by petition, the office
  2  6 to which the person is nominated, and the order in which the
  2  7 tickets of the several political parties federal and state
  2  8 offices, judges, constitutional amendments, and state public
  2  9 measures shall appear on the official ballot.
  2 10    Sec. 4.  Section 43.88, unnumbered paragraph 2, Code
  2 11 Supplement 1995, is amended to read as follows:
  2 12    Nominations made to fill vacancies at a special election
  2 13 shall be certified to the proper official not less than twenty
  2 14 twenty-five days prior to the date set for the special
  2 15 election.  In the event the special election is to fill a
  2 16 vacancy in the general assembly while it is in session or
  2 17 within forty-five days of the convening of any session, the
  2 18 nomination shall be certified not less than fourteen days
  2 19 before the date of the special election.
  2 20    Sec. 5.  Section 43.116, Code 1995, is amended by adding
  2 21 the following new subsection:
  2 22    NEW SUBSECTION.  3.  If a special election is held to fill
  2 23 a vacancy in an elective city office, nominations by political
  2 24 parties shall be made following the provisions of subsection
  2 25 2.
  2 26    Sec. 6.  Section 44.4, unnumbered paragraph 1, Code
  2 27 Supplement 1995, is amended to read as follows:
  2 28    Nominations made pursuant to this chapter and chapter 45
  2 29 which are required to be filed in the office of the state
  2 30 commissioner shall be filed in that office not more than
  2 31 ninety-nine days nor later than five p.m. on the eighty-first
  2 32 day before the date of the general election to be held in
  2 33 November.  Nominations made for a special election called
  2 34 pursuant to section 69.14 shall be filed by five p.m. not less
  2 35 than twenty twenty-five days before the date of an election
  3  1 called upon at least forty days' notice and not less than
  3  2 fourteen days before the date of an election called upon at
  3  3 least eighteen days' notice.  Nominations made for a special
  3  4 election called pursuant to section 69.14A shall be filed by
  3  5 five p.m. not less than twenty days before the date of the
  3  6 election.  Nominations made pursuant to this chapter and
  3  7 chapter 45 which are required to be filed in the office of the
  3  8 commissioner shall be filed in that office not more than
  3  9 ninety-two days nor later than five p.m.  on the sixty-ninth
  3 10 day before the date of the general election.  Nominations made
  3 11 pursuant to this chapter or chapter 45 for city office shall
  3 12 be filed not more than seventy-two days nor later than five
  3 13 p.m. on the forty-seventh day before the city election with
  3 14 the city clerk, who shall process them as provided by law.
  3 15    Sec. 7.  NEW SECTION.  47.4  ELECTION FILING DEADLINES.
  3 16    If the deadline for a filing pertaining to an election
  3 17 falls on a day that the state or county commissioner's office
  3 18 is closed for business, the deadline shall be extended to the
  3 19 next day that the office of state commissioner or county
  3 20 commissioner is open for business to receive the filing.
  3 21    Sec. 8.  Section 47.5, subsection 1, Code Supplement 1995,
  3 22 is amended to read as follows:
  3 23    1.  The Except for legal services and printing of ballots,
  3 24 the commissioner shall take bids for goods and services which
  3 25 are needed in connection with registration of voters or
  3 26 preparation for or administration of elections and which will
  3 27 be performed or provided by persons who are not employees of
  3 28 the commissioner under the following circumstances:
  3 29    a.  In any case where it is proposed to purchase data
  3 30 processing services.  The commissioner shall give the
  3 31 registrar written notice in advance on each occasion when it
  3 32 is proposed to have data processing services, necessary in
  3 33 connection with the administration of elections, performed by
  3 34 any person other than the registrar or an employee of the
  3 35 county. Such notice shall be made at least thirty days prior
  4  1 to publication of the specifications.
  4  2    b.  In all other cases, where the cost of the goods or
  4  3 services to be purchased will exceed one thousand dollars.
  4  4    c.  Bids shall not be required for legal services or the
  4  5 printing of ballots.
  4  6    Sec. 9.  Section 47.5, subsection 2, Code Supplement 1995,
  4  7 is amended to read as follows:
  4  8    2.  When it is proposed to purchase any goods or services,
  4  9 other than data processing services, in connection with
  4 10 administration of elections, the commissioner shall publish
  4 11 notice to bidders, including specifications regarding the
  4 12 goods or services to be purchased or a description of the
  4 13 nature and object of the services to be retained, in a
  4 14 newspaper of general circulation in the county not less than
  4 15 fifteen days before the final date for submission of bids.
  4 16 The commissioner shall also file a copy of the bid
  4 17 specifications in the office of the state commissioner for a
  4 18 period of not less than twenty days prior to such final date.
  4 19 When competitive bidding procedures are used, the purchase of
  4 20 goods or services shall be made from the lowest responsible
  4 21 bidder which meets the specifications or description of the
  4 22 services needed or the commissioner may reject all bids and
  4 23 readvertise.  In determining the lowest responsible bidder,
  4 24 various factors may be considered, including but not limited
  4 25 to the past performance of the bidder relative to quality of
  4 26 product or service, the past experience of the purchaser in
  4 27 relation to the product or service, the relative quality of
  4 28 products or services, the proposed terms of delivery and the
  4 29 best interest of the county.
  4 30    Sec. 10.  Section 47.6, subsection 1, unnumbered paragraph
  4 31 2, Code Supplement 1995, is amended to read as follows:
  4 32    If the proposed date of the special election coincides with
  4 33 the date of a regularly scheduled election or previously
  4 34 scheduled special election, the notice shall be given no later
  4 35 than five p.m. on the last day on which nomination papers may
  5  1 be filed with the commissioner for the regularly scheduled
  5  2 election or previously scheduled special election.  Otherwise,
  5  3 the notice shall be given at least thirty-two days in advance
  5  4 of the date of the proposed special election.  Upon receiving
  5  5 the notice, the commissioner shall promptly give written
  5  6 approval of the proposed date unless it appears that the
  5  7 special election, if held on that date, would conflict with a
  5  8 regular election or with another special election previously
  5  9 scheduled for that date.
  5 10    Sec. 11.  Section 48A.22, Code 1995, is amended to read as
  5 11 follows:
  5 12    48A.22  VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS.
  5 13    The secretary of state shall encourage volunteer
  5 14 organizations to undertake voter registration drives by
  5 15 providing mail registration forms at the cost of production.
  5 16    Sec. 12.  Section 48A.26, subsection 1, Code 1995, is
  5 17 amended to read as follows:
  5 18    1.  Within seven working days of receipt of a voter
  5 19 registration form or change of information in a voter
  5 20 registration record the commissioner shall send an
  5 21 acknowledgment to the registrant at the mailing address shown
  5 22 on the registration form.  The acknowledgment shall be sent by
  5 23 first class nonforwardable mail.
  5 24    Sec. 13.  Section 48A.27, subsection 4, paragraph b, Code
  5 25 1995, is amended to read as follows:
  5 26    b.  If the information provided by the vendor indicates
  5 27 that a registered voter has moved to another address within
  5 28 the county, the commissioner shall change the registration
  5 29 records to show the new residence address, and shall also mail
  5 30 a notice of that action to both the former and new addresses.
  5 31 The notice shall be sent by forwardable first class mail, and
  5 32 shall include a postage prepaid preaddressed return form by
  5 33 which the registered voter may verify or correct the address
  5 34 information.
  5 35    Sec. 14.  Section 48A.27, subsection 4, paragraph c,
  6  1 unnumbered paragraph 2, Code 1995, is amended to read as
  6  2 follows:
  6  3    The notice shall be sent by forwardable first class mail,
  6  4 and shall include a postage paid preaddressed return card on
  6  5 which the registered voter may state the registered voter's
  6  6 current address.  The notice shall contain a statement in
  6  7 substantially the following form:  "Information received from
  6  8 the United States postal service indicates that you are no
  6  9 longer a resident of, and therefore not eligible to vote in
  6 10 (name of county) County, Iowa.  If this information is not
  6 11 correct, and you still live in (name of county) County, please
  6 12 complete and mail the attached postage paid card at least ten
  6 13 days before the primary or general election and at least
  6 14 eleven days before any other election at which you wish to
  6 15 vote.  If the information is correct and you have moved,
  6 16 please contact a local official in your new area for
  6 17 assistance in registering there.  If you do not mail in the
  6 18 card, you may be required to show identification proving your
  6 19 residence in (name of county) County before being allowed to
  6 20 vote in (name of county) County.  If you do not return the
  6 21 card, and you do not vote in an election in (name of county)
  6 22 County, Iowa, on or before (date of second general election
  6 23 following the date of the notice) your name will be removed
  6 24 from the list of voters in that county.  To ensure you receive
  6 25 this notice, it is being sent to both your most recent
  6 26 registration address and to your new address as reported by
  6 27 the postal service."
  6 28    Sec. 15.  Section 48A.27, subsection 4, paragraph d, Code
  6 29 1995, is amended to read as follows:
  6 30    d.  If the information provided by the vendor indicates the
  6 31 registered voter has moved to another county within the state,
  6 32 the notice required by paragraph "c" shall include a statement
  6 33 that registration in the county of the person's current
  6 34 residence is required, and shall provide a mail registration
  6 35 form for the person to use.
  7  1    Sec. 16.  Section 48A.28, subsection 2, unnumbered
  7  2 paragraph 2, Code 1995, is amended to read as follows:
  7  3    A commissioner participating in the national change of
  7  4 address program, in the first quarter of each calendar year,
  7  5 shall send a notice and preaddressed, postage paid return card
  7  6 by first class forwardable mail to each registered voter whose
  7  7 name was not reported by the national change of address
  7  8 program and who has not voted, registered again, or reported a
  7  9 change to an existing registration during the preceding four
  7 10 calendar years.  The form and language of the notice and
  7 11 return card shall be specified by the state voter registration
  7 12 commission by rule.  A registered voter shall not be sent a
  7 13 notice and return card under this subsection more frequently
  7 14 than once in a four-year period.
  7 15    Sec. 17.  Section 48A.28, subsection 3, unnumbered
  7 16 paragraph 1, Code 1995, is amended to read as follows:
  7 17    For a commissioner who is not participating in the national
  7 18 change of address program, in February of each year the
  7 19 commissioner shall mail a confirmation notice to each
  7 20 registered voter in the county.  The notice shall be sent by
  7 21 first class forwardable mail.  The notice shall include a
  7 22 preaddressed, postage paid return card for the use of the
  7 23 registered voter or the recipient of the notice.  The card
  7 24 shall contain boxes for the recipient to check to indicate one
  7 25 of the following:
  7 26    Sec. 18.  Section 48A.29, subsection 1, unnumbered
  7 27 paragraph 2, Code 1995, is amended to read as follows:
  7 28    The notice shall be sent by forwardable first class mail,
  7 29 and shall include a postage paid preaddressed return card on
  7 30 which the registered voter may state the registered voter's
  7 31 current address.  The notice shall contain a statement in
  7 32 substantially the following form:  "Information received from
  7 33 the United States postal service indicates that you are no
  7 34 longer a resident of (residence address) in (name of county)
  7 35 County, Iowa.  If this information is not correct, and you
  8  1 still live in (name of county) County, please complete and
  8  2 mail the attached postage paid card at least ten days before
  8  3 the primary or general election and at least eleven days
  8  4 before any other election at which you wish to vote.  If the
  8  5 information is correct, and you have moved, please contact a
  8  6 local official in your new area for assistance in registering
  8  7 there.  If you do not mail in the card, you may be required to
  8  8 show identification proving your residence in (name of county)
  8  9 County before being allowed to vote in (name of county)
  8 10 County.  If you do not return the card, and you do not vote in
  8 11 some election in (name of county) County, Iowa, on or before
  8 12 (date of second general election following the date of the
  8 13 notice) your name will be removed from the list of voters in
  8 14 that county."
  8 15    Sec. 19.  Section 48A.29, subsection 3, unnumbered
  8 16 paragraph 2, Code 1995, is amended to read as follows:
  8 17    The notice shall be sent by forwardable first class mail,
  8 18 and shall include a postage paid preaddressed return card on
  8 19 which the registered voter may state the registered voter's
  8 20 current address.  The notice shall contain a statement in
  8 21 substantially the following form:  "Information received by
  8 22 this office indicates that you are no longer a resident of
  8 23 (residence address) in (name of county) County, Iowa.  If the
  8 24 information is not correct, and you still live at that
  8 25 address, please complete and mail the attached postage paid
  8 26 card at least ten days before the primary or general election
  8 27 and at least eleven days before any other election at which
  8 28 you wish to vote.  If the information is correct, and you have
  8 29 moved within the county, you may update your registration by
  8 30 listing your new address on the card and mailing it back.  If
  8 31 you have moved outside the county, please contact a local
  8 32 official in your new area for assistance in registering there.
  8 33 If you do not mail in the card, you may be required to show
  8 34 identification proving your residence in (name of county)
  8 35 County before being allowed to vote in (name of county)
  9  1 County.  If you do not return the card, and you do not vote in
  9  2 some election in (name of county) County, Iowa, on or before
  9  3 (date of second general election following the date of the
  9  4 notice) your name will be removed from the list of registered
  9  5 voters in that county."
  9  6    Sec. 20.  Section 49.13, subsection 4, Code Supplement
  9  7 1995, is amended to read as follows:
  9  8    4.  The commissioner shall designate one member of each
  9  9 precinct election board as chairperson of that board, and also
  9 10 of the.  If a counting board authorized by chapter 51 if one
  9 11 is appointed, with the chairperson shall have authority over
  9 12 the mechanics of the work of both boards.  At the discretion
  9 13 of the commissioner, two people who are members of different
  9 14 political parties may be appointed as co-chairpersons.  The
  9 15 co-chairpersons shall have joint authority over the work of
  9 16 the precinct election board.
  9 17    Sec. 21.  Section 49.16, Code 1995, is amended by adding
  9 18 the following new subsection:
  9 19    NEW SUBSECTION.  5.  A person shall not serve on the
  9 20 precinct election board as a representative of a political
  9 21 party if the person has changed political party affiliation
  9 22 from that of the political party which selected the person to
  9 23 serve as a precinct election official.  If a precinct election
  9 24 official records a change of political party, the official's
  9 25 name shall be removed from the list of precinct election
  9 26 officials for that political party.  The chairperson of the
  9 27 political party shall be notified of the vacancy and may
  9 28 designate a replacement.  If the chairperson of another
  9 29 political party later designates the person as a precinct
  9 30 election official, the person may serve, if qualified.
  9 31    Sec. 22.  Section 49.25, subsection 3, Code 1995, is
  9 32 amended to read as follows:
  9 33    3.  The commissioner shall furnish to each precinct where
  9 34 voting is to be by paper ballot, special paper ballot, or
  9 35 ballot card, rather than by voting machine, the necessary
 10  1 ballot boxes, suitably equipped with seals or locks and keys,
 10  2 and voting booths.  The voting booths shall be approved by the
 10  3 board of examiners for voting machines and electronic voting
 10  4 systems and shall provide for voting in secrecy.  At least one
 10  5 voting booth in each precinct shall be accessible to the
 10  6 handicapped.  If the lighting in the polling place is
 10  7 inadequate, the voting booths used in that precinct shall
 10  8 include lights.  Ballot boxes shall be locked or sealed before
 10  9 the polls open and shall remain locked or sealed until the
 10 10 polls are closed, except as provided in sections 51.7 and
 10 11 52.40, or to provide necessary service to a malfunctioning
 10 12 portable vote tallying device.  If a ballot box is opened
 10 13 prior to the closing of the polls, two precinct election
 10 14 officials not of the same party shall be present and observe
 10 15 the ballot box being opened.
 10 16    Sec. 23.  Section 49.25, Code 1995, is amended by adding
 10 17 the following new subsection:
 10 18    NEW SUBSECTION.  4.  Secrecy folders or sleeves shall be
 10 19 provided for use at any precinct where ballots are used which
 10 20 cannot be folded to obscure the marks made by the voters.
 10 21    Sec. 24.  Section 49.26, Code 1995, is amended to read as
 10 22 follows:
 10 23    49.26  COMMISSIONER TO DECIDE METHOD OF VOTING.
 10 24    1.  In all elections regulated by this chapter, the voting
 10 25 shall be by ballots printed and distributed as provided by
 10 26 law, or by voting machines meeting the requirements of chapter
 10 27 52.
 10 28    2.  When voting machines are available for an election
 10 29 precinct, the commissioner shall determine in advance of each
 10 30 election conducted for a city of three thousand five hundred
 10 31 or less population or any school district in which voting
 10 32 occurs in that precinct whether voting there shall be by
 10 33 machine or paper ballot.  If the commissioner concludes, on
 10 34 the basis of voter turnout for recent similar elections and
 10 35 factors considered likely to affect voter turnout for the
 11  1 forthcoming election, that voting will probably be so light as
 11  2 to make preparation and use of paper ballots less expensive
 11  3 than preparation and use of a voting machine, paper ballots
 11  4 shall be used.
 11  5    3.  In counties in which automatic tabulating equipment is
 11  6 available, the commissioner shall determine in advance of each
 11  7 election whether the ballots will be counted by the automatic
 11  8 tabulating equipment or by the precinct election officials.
 11  9 The commissioner may use ballots and instructions similar to
 11 10 those used when the ballots are counted by automatic
 11 11 tabulating equipment.
 11 12    Sec. 25.  Section 49.30, Code 1995, is amended to read as
 11 13 follows:
 11 14    49.30  ALL CANDIDATES ON ONE BALLOT &endash; EXCEPTIONS.
 11 15    The names of all candidates, constitutional amendments, and
 11 16 public measures to be voted for in each election precinct,
 11 17 other than presidential electors, shall be printed on one
 11 18 ballot, except that separate ballots are authorized under the
 11 19 following circumstances:
 11 20    1.  For judicial elections, separate ballots or headings
 11 21 shall be used as required by section 46.22.
 11 22    1.  Where special paper ballots are used, if it is not
 11 23 possible to include all offices and public measures on a
 11 24 single ballot, separate ballots may be provided for
 11 25 nonpartisan offices, judges, or public measures.
 11 26    2.  At an election where voting machines are used, and it
 11 27 the following exceptions apply:
 11 28    a.  If it is impossible to place the names of all
 11 29 candidates on the machine ballot, the commissioner may provide
 11 30 a separate paper ballot for the candidates for judge of the
 11 31 district court, and the township offices, or either; one and
 11 32 the nonpartisan offices listed in section 39.21.  One of the
 11 33 paper ballots shall be furnished to each registered voter.
 11 34    b.  When a precinct has one or more offices or questions on
 11 35 the ballot in any election that may not be legally voted upon
 12  1 by all registered voters of the precinct, the commissioner
 12  2 shall use lockout devices operated by the precinct election
 12  3 officials to restrict each voter to the appropriate parts of
 12  4 the ballot.  However, if the voting machine does not have a
 12  5 lockout device, the commissioner may use one or more separate
 12  6 voting machines for each group of voters in the precinct.  If
 12  7 neither of the foregoing procedures is feasible, the
 12  8 commissioner shall prepare separate ballots for the candidates
 12  9 or questions which may not be legally voted upon by all
 12 10 registered voters of the precinct, and shall furnish a
 12 11 separate ballot box into which only those ballots shall be
 12 12 deposited.
 12 13    3.  Separate Where paper ballots are used, separate paper
 12 14 ballots may be used for:
 12 15    a.  For the election of township officers in precincts
 12 16 including both incorporated and unincorporated areas or more
 12 17 than one township.
 12 18    b.  For public measures.
 12 19    c.  For judges.
 12 20    Sec. 26.  Section 49.31, subsection 1, Code 1995, is
 12 21 amended by striking the subsection and inserting in lieu
 12 22 thereof the following:
 12 23    1.  All ballots shall be arranged with the names of
 12 24 candidates for each office listed below the office title.  For
 12 25 partisan elections the name of the political party or
 12 26 organization which nominated each candidate shall be listed
 12 27 after or below each candidate's name.
 12 28    The commissioner shall determine the order of political
 12 29 parties and nonparty political organizations on the ballot.
 12 30 The sequence shall be the same for each office on the ballot
 12 31 and for each precinct in the county voting in the election.
 12 32    Sec. 27.  Section 49.31, subsection 4, Code 1995, is
 12 33 amended to read as follows:
 12 34    4.  If electors in any precinct are entitled to vote for
 12 35 more than one nominee or candidate for a particular office,
 13  1 the The heading for that each office on the precinct ballot
 13  2 shall be immediately followed by a notation of stating, "Vote
 13  3 for no more than ____", and indicating the maximum number of
 13  4 nominees or candidates for that office for whom each elector
 13  5 may vote.  Provision shall be made on the ballot to allow the
 13  6 elector to write in the name of any person for whom the
 13  7 elector desires to vote for any office or nomination on the
 13  8 ballot.
 13  9    Sec. 28.  Section 49.31, Code 1995, is amended by adding
 13 10 the following new subsection:
 13 11    NEW SUBSECTION.  4A.  At the end of the list of candidates
 13 12 for each office listed on the ballot one or more blank lines
 13 13 and voting targets shall be printed to allow the elector to
 13 14 write in the name of any person for whom the elector desires
 13 15 to vote for any office or nomination on the ballot.  The
 13 16 number of write-in lines shall equal the number of votes that
 13 17 can be cast for that office.
 13 18    Sec. 29.  Section 49.33, Code 1995, is amended to read as
 13 19 follows:
 13 20    49.33  SINGLE SQUARE VOTING TARGET FOR CERTAIN PAIRED
 13 21 OFFICES.
 13 22    Upon the left-hand margin of each separate column of the
 13 23 ballot, immediately Immediately opposite the names of the each
 13 24 pair of candidates for president and vice president, a single
 13 25 square, the sides of which shall not be less than one-fourth
 13 26 of an inch in length, voting target shall be printed in front
 13 27 of next to the bracket enclosing the names of the candidates
 13 28 for president and vice president, and a separate square of the
 13 29 same size.  A single voting target shall be printed in front
 13 30 of next to the bracket enclosing the names of the candidates
 13 31 for governor and lieutenant governor.  The votes for a team of
 13 32 candidates shall be counted and certified to by the election
 13 33 board as a team.  Write-in votes may shall also be tabulated
 13 34 for each office separately as a single vote for a pair of
 13 35 candidates.
 14  1    Sec. 30.  Section 49.35, Code 1995, is amended to read as
 14  2 follows:
 14  3    49.35  ORDER OF ARRANGING TICKETS ON LEVER VOTING MACHINE
 14  4 BALLOT.
 14  5    Each list of candidates nominated by a political party or a
 14  6 group of petitioners shall be termed a ticket.  Each Where
 14  7 lever voting machines are used, each ticket shall be placed in
 14  8 a separate vertical column or horizontal row on the ballot, in
 14  9 the order determined pursuant to section 49.37 by the
 14 10 authorities charged with the printing of the ballots.
 14 11 However, if a total of more than seven tickets are to be
 14 12 placed on the ballot the state commissioner may authorize a
 14 13 method of placement in which the groups of petitioners are not
 14 14 all placed in separate individual columns or rows.
 14 15    Sec. 31.  Section 49.37, subsection 1, Code 1995, is
 14 16 amended by striking the subsection and inserting in lieu
 14 17 thereof the following:
 14 18    1.  For general elections, and for other elections in which
 14 19 more than one partisan office will be filled, the first
 14 20 section of the ballot shall be for straight party voting.
 14 21 Each political party or organization which has nominated
 14 22 candidates for more than one office shall be listed.
 14 23 Instructions to the voter for straight party or organization
 14 24 voting shall be in substantially the following form:  "To vote
 14 25 for all candidates from a single party or organization, mark
 14 26 the voting target next to the party or organization name.  Not
 14 27 all parties or organizations have nominated candidates for all
 14 28 offices.  Marking a straight party or organization vote does
 14 29 not include votes for nonpartisan offices, judges, or
 14 30 questions."  Political parties and nonparty political
 14 31 organizations which have nominated candidates for only one
 14 32 office shall be listed below the other political organizations
 14 33 under the heading "Other Political Organizations.  The
 14 34 following organizations have nominated candidates for only one
 14 35 office:".
 15  1    Offices shall be arranged in groups.  Partisan offices,
 15  2 nonpartisan offices, judges, and public measures shall be
 15  3 separated by a distinct line appearing on the ballot.
 15  4    Sec. 32.  Section 49.37, subsections 2 and 3, Code 1995,
 15  5 are amended to read as follows:
 15  6    2.  The commissioner shall arrange the ballot in conformity
 15  7 with the certificate issued by the state commissioner under
 15  8 section 43.73, in that the names of the respective candidates
 15  9 on for each political party ticket shall appear in the order
 15 10 they appeared on the certificate, above or to the left of the
 15 11 nonparty political organization tickets candidates.
 15 12    3.  The commissioner shall arrange the partisan county
 15 13 offices on the ballot with the board of supervisors first,
 15 14 followed by the other county offices and township offices in
 15 15 the same sequence in which they appear in sections 39.17 and
 15 16 39.22.  Nonpartisan offices shall be listed below after or to
 15 17 the right of partisan offices.
 15 18    Sec. 33.  NEW SECTION.  49.42A  FORM OF OFFICIAL BALLOT.
 15 19    The ballot for the general election shall be arranged in
 15 20 substantially the following form:  
 15 21                        PARTISAN OFFICES
 15 22                      STRAIGHT PARTY VOTING
 15 23    To vote for all candidates from a single party mark the
 15 24 voting target next to the party name.  Not all parties have
 15 25 nominated candidates for all offices.  Marking a straight
 15 26 party vote does not include votes for nonpartisan offices,
 15 27 judges, or questions.  
 15 28    POLITICAL PARTY NAME
 15 29    POLITICAL PARTY NAME
 15 30    POLITICAL ORGANIZATION NAME
 15 31    POLITICAL ORGANIZATION NAME
 15 32                  OTHER POLITICAL ORGANIZATIONS
 15 33    The following political organizations have nominated
 15 34 candidates for only one office.  
 15 35    POLITICAL ORGANIZATION NAME
 16  1    POLITICAL ORGANIZATION NAME
 16  2                         FEDERAL OFFICES
 16  3    For President and Vice President Vote for no more than one
 16  4 team.  
 16  5    CANDIDATE NAME, of State
 16  6    CANDIDATE NAME, of State
 16  7            Political Party
 16  8    CANDIDATE NAME, of State
 16  9    CANDIDATE NAME, of State
 16 10            Political Party
 16 11    CANDIDATE NAME, of State
 16 12    CANDIDATE NAME, of State
 16 13            Political Organization Name
 16 14    CANDIDATE NAME, of State
 16 15    CANDIDATE NAME, of State
 16 16            Political Organization Name
 16 17    CANDIDATE NAME, of State
 16 18    CANDIDATE NAME, of State
 16 19            Nominated by Petition
 16 20    ______________________________
 16 21    Write-in for President, if any.
 16 22    ___________________________________
 16 23    Write-in for Vice-President, if any.
 16 24                        For U.S. Senator
 16 25                   Vote for no more than one.
 16 26    CANDIDATE NAME
 16 27            Political Party
 16 28    CANDIDATE NAME
 16 29            Political Party
 16 30    CANDIDATE NAME
 16 31            Political Organization
 16 32    CANDIDATE NAME
 16 33            Political Organization
 16 34    CANDIDATE NAME
 16 35            Nominated by Petition
 17  1    _____________________
 17  2    Write-in vote, if any.
 17  3                     For U.S. Representative
 17  4                         First District
 17  5                   Vote for no more than one.
 17  6    CANDIDATE NAME
 17  7            Political Party
 17  8    CANDIDATE NAME
 17  9            Political Party
 17 10    CANDIDATE NAME
 17 11            Political Organization
 17 12    CANDIDATE NAME
 17 13            Political Organization
 17 14    CANDIDATE NAME
 17 15            Nominated by Petition
 17 16    _____________________
 17 17    Write-in vote, if any.
 17 18                          STATE OFFICES
 17 19                  For State Senator, District 2
 17 20                   Vote for no more than one.
 17 21    CANDIDATE NAME
 17 22            Political Party
 17 23    CANDIDATE NAME
 17 24            Political Party
 17 25    CANDIDATE NAME
 17 26            Political Organization
 17 27    CANDIDATE NAME
 17 28            Political Organization
 17 29    CANDIDATE NAME
 17 30            Nominated by Petition
 17 31    _____________________
 17 32    Write-in vote, if any.
 17 33    Sec. 34.  Section 49.43, Code 1995, is amended by adding
 17 34 the following new unnumbered paragraph before unnumbered para-
 17 35 graph 1:
 18  1    NEW UNNUMBERED PARAGRAPH.  If possible, all public measures
 18  2 and constitutional amendments to be voted upon by an elector
 18  3 shall be included on a single special paper ballot which shall
 18  4 also include all offices to be voted upon.  However, if it is
 18  5 necessary, a separate ballot may be used as provided in
 18  6 section 49.30, subsection 1.
 18  7    Sec. 35.  Section 49.43, unnumbered paragraph 2, Code 1995,
 18  8 is amended to read as follows:
 18  9    Constitutional amendments and other public measures may be
 18 10 summarized by the commissioner as provided in section sections
 18 11 49.44 and 52.25.
 18 12    Sec. 36.  Section 49.44, unnumbered paragraph 1, Code 1995,
 18 13 is amended to read as follows:
 18 14    When a proposed constitutional amendment or other public
 18 15 measure to be decided by the voters of the entire state is to
 18 16 be voted upon, the state commissioner shall prepare a written
 18 17 summary of the amendment or measure including the number of
 18 18 the amendment or statewide public measure assigned by the
 18 19 state commissioner.  The summary shall be printed immediately
 18 20 preceding the text of the proposed amendment or measure on the
 18 21 paper ballot or special paper ballot referred to in section
 18 22 49.43 and, in.  If the complete text of the public measure
 18 23 will not fit on the special paper ballot it shall be posted
 18 24 inside the voting booth.  A copy of the full text shall be
 18 25 included with any absentee ballots.
 18 26    PARAGRAPH DIVIDED.  In precincts where the amendment or
 18 27 measure will be voted on by machine, the summary shall be
 18 28 placed in the voting machine inserts as required by section
 18 29 52.25.
 18 30    Sec. 37.  Section 49.45, Code 1995, is amended to read as
 18 31 follows:
 18 32    49.45  GENERAL FORM OF BALLOT.
 18 33    Ballots referred to in section 49.43 shall be substantially
 18 34 in the following form:  
 18 35    Shall the following amendment           Yes   
 19  1 to the Constitution (or public meas-       No    
 19  2 ure) be adopted?
 19  3 [  ]  Yes
 19  4 [  ]  No
 19  5    (Here insert the summary, if it be for a constitutional
 19  6 amendment or statewide public measure, and in full the
 19  7 proposed constitutional amendment or public measure.  The
 19  8 number assigned by the state commissioner or the letter
 19  9 assigned by the county commissioner shall be included on the
 19 10 ballot centered above the question, "Shall the following
 19 11 amendment to the Constitution [or public measure] be
 19 12 adopted?".)
 19 13    Sec. 38.  Section 49.46, Code 1995, is amended to read as
 19 14 follows:
 19 15    49.46  MARKING BALLOTS ON PUBLIC MEASURES.
 19 16    The elector shall designate a vote by a cross making the
 19 17 appropriate mark, thus, in the voting target.  On paper
 19 18 ballots an "X", or a check mark, thus, "/", may be placed in
 19 19 the proper square target.
 19 20    Sec. 39.  Section 49.47, Code 1995, is amended to read as
 19 21 follows:
 19 22    49.47  NOTICE ON BALLOTS.
 19 23    At the top of paper ballots on such for public measures
 19 24 shall be printed the following:
 19 25    [Notice to voters.  For an affirmative vote upon To vote to
 19 26 approve any question submitted upon on this ballot, make a
 19 27 cross (X) mark or check (/) in the square target after the
 19 28 word "Yes".  For a negative To vote against a question make a
 19 29 similar mark in the square target following the word "No".]
 19 30 This notice shall be adapted to describe the proper mark where
 19 31 it is appropriate.
 19 32    Sec. 40.  Section 49.54, Code 1995, is amended to read as
 19 33 follows:
 19 34    49.54  COST OF PUBLICATION.
 19 35    The cost of the publication required by section 49.53,
 20  1 shall not exceed an amount determined by the director of the
 20  2 state department of general services or the director's
 20  3 designee the fee provided in section 618.11 for the
 20  4 publication of legal notices.
 20  5    Sec. 41.  Section 49.57, Code 1995, is amended to read as
 20  6 follows:
 20  7    49.57  METHOD AND STYLE OF PRINTING BALLOTS.
 20  8    Ballots shall be prepared as follows:
 20  9    1.  They shall be on plain white paper uniform in color,
 20 10 through which the printing or writing cannot be read.
 20 11    2.  The In the area of the general election ballot for
 20 12 straight-party voting, the party name names shall be printed
 20 13 in capital letters of uniform size, in not less than one-
 20 14 fourth of an inch in height twelve point type.  After the name
 20 15 of each candidate for a partisan office the name of the
 20 16 candidate's political party shall be printed in at least six
 20 17 point type.
 20 18    3.  The names of candidates shall be printed in capital
 20 19 letters, of uniform size throughout the ballot, in not less
 20 20 than one-eighth, nor more than one-fourth of an inch in height
 20 21 ten point type.
 20 22    4.  A On ballots that will be counted by electronic
 20 23 tabulating equipment, ballots shall include a voting target
 20 24 next to the name of each candidate.  The position, shape, and
 20 25 size of the targets shall be appropriate for the equipment to
 20 26 be used in counting the votes.  Where paper ballots are used,
 20 27 a square, the sides of which shall not be less than one-fourth
 20 28 of an inch in length, shall may be printed at the beginning of
 20 29 each line in which the name of a candidate is printed, except
 20 30 as otherwise provided.
 20 31    5.  On the outside A portion of the ballot, so as to appear
 20 32 when folded which can be shown to the precinct officials
 20 33 without revealing any of the marks made by the voter, shall be
 20 34 printed include the words "Official ballot", a designation of
 20 35 the ballot rotation, if any, the date of the election, and a
 21  1 facsimile of the signature of the commissioner who has caused
 21  2 the ballot to be printed pursuant to section 49.51.
 21  3    6.  The office title of any office which appears on the
 21  4 ballot to fill a vacancy before the end of the usual term of
 21  5 the office shall include the words "To Fill Vacancy".
 21  6    Sec. 42.  Section 49.73, subsection 1, paragraphs b and c,
 21  7 Code 1995, are amended to read as follows:
 21  8    b.  Any election conducted for a city of three thousand
 21  9 five hundred ten thousand or less population.
 21 10    c.  Any election conducted for a city of more than three
 21 11 thousand five hundred ten thousand population if there is no
 21 12 contest for any office on the ballot and no public question is
 21 13 being submitted to the voters at that election.
 21 14    Sec. 43.  Section 49.92, Code 1995, is amended to read as
 21 15 follows:
 21 16    49.92  VOTING MARK.
 21 17    The instructions appearing on the ballot shall describe the
 21 18 appropriate mark to be used by the voter.  The mark shall be
 21 19 consistent with the requirements of the voting system in use
 21 20 in the precinct.  The voting mark shall used on paper ballots
 21 21 may be a cross or check which shall be placed in the circle at
 21 22 the head of a ticket, or in the squares voting targets
 21 23 opposite the names of candidates.  The fact that the voting
 21 24 mark is made by an instrument other than a black lead pencil
 21 25 shall not affect the validity of the ballot unless it appears
 21 26 that the color or nature of the mark is intended to identify
 21 27 the ballot contrary to the intent of section 49.107,
 21 28 subsection 7.
 21 29    Sec. 44.  Section 49.93, Code 1995, is amended by striking
 21 30 the section and inserting in lieu thereof the following:
 21 31    49.93  NUMBER OF VOTES FOR EACH OFFICE.
 21 32    For an office to which one person is to be elected, a voter
 21 33 shall not vote for more than one candidate.  If two or more
 21 34 persons are to be elected to an office, the voter shall vote
 21 35 for no more than the number of persons to be elected.  If a
 22  1 voter votes for more than the permitted number of candidates,
 22  2 the vote for that office shall not count.  Valid votes cast on
 22  3 the rest of the ballot shall be counted.
 22  4    Sec. 45.  Section 49.94, Code 1995, is amended to read as
 22  5 follows:
 22  6    49.94  HOW TO MARK A STRAIGHT TICKET.
 22  7    If the names of all the candidates for whom a voter desires
 22  8 to vote in any election other than the primary election appear
 22  9 upon the same ticket were nominated by the same political
 22 10 party or nonparty political organization, and the voter
 22 11 desires to vote for all candidates whose names appear upon
 22 12 such ticket nominated by that political party or organization
 22 13 the voter may do so in any one of the following ways:
 22 14    1.  The voter may place a cross or check in the circle at
 22 15 the top of such ticket mark the voting target next to the name
 22 16 of the political party or nonparty political organization in
 22 17 the straight party or organization section of the ballot
 22 18 without making a cross or check in marking any square beneath
 22 19 said circle voting target next to the name of a candidate
 22 20 nominated by the party or organization.
 22 21    2.  The voter may place a cross or check in the square
 22 22 opposite the name of each such candidate without making any
 22 23 cross or check in the circle at the top of such ticket.
 22 24    3. 2.  The voter may place a cross or check in the circle
 22 25 at the top of such ticket mark the voting target next to the
 22 26 name of the political party or nonparty political organization
 22 27 in the straight party or organization section of the ballot
 22 28 and also a cross or check in mark any or all of the squares
 22 29 beneath said circle voting targets next to the names of
 22 30 candidates nominated by that party or organization.
 22 31    Sec. 46.  Section 49.95, Code 1995, is amended to read as
 22 32 follows:
 22 33    49.95  VOTING PART OF TICKET ONLY.
 22 34    If the names of all the candidates for whom the voter
 22 35 desires to vote appear upon a single ticket were nominated by
 23  1 the same political party or nonparty political organization
 23  2 but the voter does not desire to vote for all of the
 23  3 candidates whose names appear thereon nominated by the party
 23  4 or nonparty political organization, the voter shall place a
 23  5 cross or check in the square opposite mark the voting target
 23  6 next to the name of each such candidate for whom the voter
 23  7 desires to vote without making any cross or check in the
 23  8 circle at the top of such ticket marking the target next to
 23  9 the name of the party or nonparty political organization in
 23 10 the straight party or organization section of the ballot.
 23 11    Sec. 47.  Section 49.96, Code 1995, is amended to read as
 23 12 follows:
 23 13    49.96  GROUP CANDIDATES FOR OFFICES OF SAME CLASS OFFICES
 23 14 WITH MORE THAN ONE PERSON TO BE ELECTED.
 23 15    Where two or more offices of the same class are to be
 23 16 filled more than one person is to be elected to the same
 23 17 office at the same election, and all of the candidates for
 23 18 such offices, that office for whom the voter desires to vote,
 23 19 appear upon the voter's party ticket at the top of which the
 23 20 voter has marked a cross or check in the circle were nominated
 23 21 by the political party or nonparty political organization for
 23 22 which the voter has marked a straight party or organization
 23 23 vote, the voter need not otherwise indicate the vote for such
 23 24 candidate; but if the name of any candidate for whom the voter
 23 25 desires to vote for such office appears upon a different
 23 26 ticket, then as to such group of candidates the cross or check
 23 27 in the circle does not apply and to indicate the voter's
 23 28 choice the voter must place a cross or check in the square
 23 29 opposite the name of each such candidate for whom the voter
 23 30 desires to vote whether the same appears under such marked
 23 31 circle or not that office.  If the voter wishes to vote for
 23 32 candidates who were nominated by different political parties
 23 33 or nonparty political organizations, the voter must mark the
 23 34 voting target for each candidate the voter has chosen, whether
 23 35 or not the voter has also marked a straight party or
 24  1 organization vote.
 24  2    Sec. 48.  Section 49.97, Code 1995, is amended to read as
 24  3 follows:
 24  4    49.97  HOW TO MARK A MIXED TICKET.
 24  5    If the names of all candidates for whom a voter desires to
 24  6 vote do were not appear upon nominated by the same ticket
 24  7 political party or nonparty political organization, the voter
 24  8 may indicate the candidates of the voter's choice by marking
 24  9 the ballot in any one of the following ways:
 24 10    1.  The voter may place a cross or check in the circle at
 24 11 the top of a ticket on mark a straight party or organization
 24 12 vote for the party or nonparty political organization which
 24 13 the names of nominated some of the candidates for whom the
 24 14 voter desires to vote appear and also a cross or check in the
 24 15 square opposite the name of each other candidate of the
 24 16 voter's choice, whose name appears upon some ticket other than
 24 17 the one in which the voter has marked the circle at the top
 24 18 and vote for candidates of other parties or nonparty political
 24 19 organizations by marking the voting targets next to their
 24 20 names.
 24 21    2.  The voter may place a cross or check in the square
 24 22 opposite the name of each candidate for whom the voter desires
 24 23 to vote for each candidate separately without placing any
 24 24 cross or check in any circle marking any straight party or
 24 25 organization vote.
 24 26    Sec. 49.  Section 49.98, Code 1995, is amended to read as
 24 27 follows:
 24 28    49.98  COUNTING BALLOTS.
 24 29    The ballots shall be counted according to the markings
 24 30 thereon, respectively, voters' marks on them as provided in
 24 31 sections 49.92 to 49.97, and not otherwise.  If, for any
 24 32 reason, it is impossible to determine from a ballot, as
 24 33 marked, the choice of the voter for any office, such ballot
 24 34 the vote for that office shall not be counted for such office.
 24 35 When there is a conflict between the cross or check in the
 25  1 circle on a straight party or organization vote for one ticket
 25  2 political party or nonparty political organization and the
 25  3 cross or check in the square on vote cast by marking the
 25  4 voting target next to the name of a candidate for another
 25  5 ticket political party or nonparty political organization on
 25  6 the ballot, the cross or check in the square mark next to the
 25  7 name of the candidate shall be held to control, and the cross
 25  8 or check in the circle in such straight party or organization
 25  9 vote in that case shall not apply as to that office.  Any
 25 10 ballot shall be rejected if it is marked in any other manner
 25 11 than as authorized in sections 49.92 to 49.97, and in such
 25 12 manner as to show that.  A ballot shall be rejected if the
 25 13 voter employed such used a mark for the purpose of identifying
 25 14 to identify the voter's ballot, shall be rejected.
 25 15    Sec. 50.  Section 49.99, unnumbered paragraph 1, Code 1995,
 25 16 is amended to read as follows:
 25 17    The voter may also insert in writing in the proper place
 25 18 write on the line provided for write-in votes the name of any
 25 19 person for whom the voter desires to vote and place a cross or
 25 20 check in the square mark the voting target opposite the name.
 25 21 If the voter is using a voting system other than an electronic
 25 22 voting system, as defined in section 52.1, the writing of the
 25 23 name shall constitute a valid vote for the person whose name
 25 24 has been written on the ballot without regard to whether the
 25 25 voter has made a cross or check mark opposite the name.
 25 26 However, when a write-in vote is cast using an electronic
 25 27 voting system, the ballot must also be marked in the
 25 28 corresponding space in order to be counted.  The making of a
 25 29 cross or check in a square Marking the voting target opposite
 25 30 a blank write-in line without writing a name in on the blank,
 25 31 line shall not affect the validity of the remainder of the
 25 32 ballot.
 25 33    Sec. 51.  Section 49.100, Code 1995, is amended to read as
 25 34 follows:
 25 35    49.100  SPOILED BALLOTS.
 26  1    Any A voter who shall spoil spoils a ballot may, on
 26  2 returning the same return the spoiled ballot to the precinct
 26  3 election officials, and receive another in place thereof, but
 26  4 ballot.  However, no a voter shall not receive more than three
 26  5 ballots, including the one first delivered.  None but Only
 26  6 ballots provided in accordance with the provisions of this
 26  7 chapter shall be counted.
 26  8    Sec. 52.  Section 50.13, Code 1995, is amended to read as
 26  9 follows:
 26 10    50.13  DESTRUCTION OF BALLOTS.
 26 11    If, at the expiration of the length of time specified in
 26 12 section 50.12, a contest is not pending, the commissioner,
 26 13 without opening the package in which they have been enclosed,
 26 14 shall destroy the ballots, in the presence of two electors,
 26 15 one from each of the two leading political parties, who shall
 26 16 be designated by the chairperson of the board of supervisors.
 26 17    If the ballots are to be shredded, the package may be
 26 18 opened, if necessary, but the ballots shall not be examined
 26 19 before shredding.  Shredded ballots may be recycled.  The
 26 20 commissioner shall invite the chairperson of each of the
 26 21 political parties to designate a person to witness the
 26 22 destruction of the ballots.
 26 23    Sec. 53.  Section 50.48, subsection 4, unnumbered paragraph
 26 24 1, Code 1995, is amended to read as follows:
 26 25    When all members of the recount board have been selected,
 26 26 the board shall undertake and complete the required recount as
 26 27 expeditiously as reasonably possible.  The commissioner or the
 26 28 commissioner's designee shall supervise the handling of
 26 29 ballots or voting machine documents to ensure that the ballots
 26 30 and other documents are protected from alteration or damage.
 26 31 The board shall open only the sealed ballot containers from
 26 32 the precincts specified to be recounted in the request or by
 26 33 the recount board.  The board shall recount only the ballots
 26 34 which were voted and counted for the office in question,
 26 35 including any disputed ballots returned as required in section
 27  1 50.5.  If an electronic tabulating system was used to count
 27  2 the ballots, the recount board may request the commissioner to
 27  3 retabulate the ballots using the electronic tabulating system.
 27  4 The same program used for tabulating the votes on election day
 27  5 shall be used at the recount.
 27  6    PARAGRAPH DIVIDED.  Any member of the recount board may at
 27  7 any time during the recount proceedings extend the recount of
 27  8 votes cast for the office or nomination in question to any
 27  9 other precinct or precincts in the same county, or from which
 27 10 the returns were reported to the commissioner responsible for
 27 11 conducting the election, without the necessity of posting
 27 12 additional bond.
 27 13    Sec. 54.  Section 52.10, Code 1995, is amended to read as
 27 14 follows:
 27 15    52.10  BALLOTS &endash; FORM.
 27 16    All ballots shall be printed in black ink on clear, white
 27 17 material, of such size as will fit the ballot frame, and in as
 27 18 plain, clear type as the space will reasonably permit.  The
 27 19 party name for each political party represented on the machine
 27 20 shall be prefixed to the list of candidates of such party.
 27 21 The order of the list of candidates of the several parties or
 27 22 organizations shall be arranged as provided in sections 49.30
 27 23 to 49.42 49.41, except that the lists may be arranged in
 27 24 horizontal rows or vertical columns to meet the physical
 27 25 requirements of the voting machine used.
 27 26    Sec. 55.  Section 52.12, Code 1995, is amended by striking
 27 27 the section and inserting in lieu thereof the following:
 27 28    52.12 EXCEPTION &endash; STRAIGHT PARTY VOTING.
 27 29    Voting machines shall have a single lever or switch which
 27 30 casts a vote for each candidate of a political party or non-
 27 31 party political organization which has nominated candidates
 27 32 for more than one partisan office on the ballot.
 27 33    Sec. 56.  Section 52.33, Code 1995, is amended by adding
 27 34 the following new unnumbered paragraph:
 27 35    NEW UNNUMBERED PARAGRAPH.  The absentee and special
 28  1 precinct board shall follow the process prescribed in section
 28  2 52.37, subsection 2, in handling damaged or defective ballots
 28  3 and in counting write-in votes on special paper ballots.
 28  4    Sec. 57.  Section 52.35, subsection 2, Code 1995, is
 28  5 amended to read as follows:
 28  6    2.  The test shall be conducted by processing a preaudited
 28  7 group of ballots punched or marked so as to record a
 28  8 predetermined number of valid votes for each candidate, and on
 28  9 each public question, on the ballot.  The test group shall
 28 10 include for each office and each question one or more ballots
 28 11 having votes in excess of the number allowed by law for that
 28 12 office or question, in order to test the ability of the
 28 13 automatic tabulating equipment to reject such votes.  The
 28 14 county chairperson of a political party may submit an
 28 15 additional test group of ballots which, if so submitted, shall
 28 16 also be tested.  If any error is detected, its cause shall be
 28 17 ascertained and corrected and an errorless count obtained
 28 18 before the automatic tabulating equipment is approved.  When
 28 19 so approved, a statement attesting to the fact shall be signed
 28 20 by the commissioner and sent immediately to the state
 28 21 commissioner kept with the records of the election.
 28 22    Sec. 58.  Section 52.36, unnumbered paragraph 2, Code 1995,
 28 23 is amended to read as follows:
 28 24    The commissioner shall appoint from the lists provided by
 28 25 the county political party chairpersons a resolution board to
 28 26 tabulate write-in votes and to decide questions regarding
 28 27 damaged, defective, or other ballots which cannot be tabulated
 28 28 by machine.  The commissioner shall appoint as many people to
 28 29 the resolution board as the commissioner believes are
 28 30 necessary.  The resolution board shall be divided into three-
 28 31 person two-person teams.  Each team shall consist of no more
 28 32 than two people who are not members of the same political
 28 33 party.  If a team is unable to decide how to count one or more
 28 34 ballots, a third person shall be available to consult with the
 28 35 team and to resolve disputes.  Ballots which were objected to
 29  1 shall be endorsed and separated as required by section 50.4.
 29  2    Sec. 59.  Section 52.37, subsection 2, unnumbered paragraph
 29  3 2, Code 1995, is amended to read as follows:
 29  4    The resolution board shall also tabulate any write-in votes
 29  5 which were cast.  Write-in votes cast for a candidate whose
 29  6 name appears on the ballot for the same office shall be
 29  7 counted as a vote for the candidate indicated, if the vote is
 29  8 otherwise properly cast.
 29  9    PARAGRAPH DIVIDED.  Ballots which are rejected by the
 29 10 tabulating equipment as blank because they have been marked
 29 11 with an unreadable marker shall be duplicated or tabulated as
 29 12 required by this subsection for damaged or defective ballots.
 29 13 The commissioner may instruct the resolution board to mark
 29 14 over voters' unreadable marks using a marker compatible with
 29 15 the tabulating equipment.  The resolution board shall take
 29 16 care to leave part of the original mark made by the voter.  If
 29 17 it is impossible to mark over the original marks made by the
 29 18 voter without completely obliterating them, the ballot shall
 29 19 be duplicated.
 29 20    Sec. 60.  Section 52.38, unnumbered paragraph 1, Code 1995,
 29 21 is amended to read as follows:
 29 22    All portable tabulating devices shall be tested before any
 29 23 election in which they are to be used following the procedure
 29 24 in section 52.35, subsection 2.  Testing shall be completed
 29 25 not later than twelve hours before the opening of the polls on
 29 26 the morning of the election.  The portable tabulating devices
 29 27 shall be tested at the polling place where they are to be
 29 28 used.  The chairperson of each political party shall be
 29 29 notified in writing of the time the devices will be tested so
 29 30 that the chairperson or a representative may be present.
 29 31 Those present for the test shall sign a certificate which
 29 32 shall read substantially as follows:
 29 33    Sec. 61.  Section 52.40, subsection 1, Code 1995, is
 29 34 amended to read as follows:
 29 35    1.  In counties where counting centers have been
 30  1 established under section 52.34, the commissioner may
 30  2 designate certain polling places as early ballot pick-up
 30  3 sites.  At these sites, between the hours of one p.m. and four
 30  4 p.m. on the day of the election, two precinct election
 30  5 officials of different political parties shall seal the ballot
 30  6 container to prevent the addition or removal of ballots and
 30  7 replace it with an empty, locked ballot container.  The sealed
 30  8 ballot container shall be kept in a safe place in view of the
 30  9 precinct election officials.  The early pick-up officers shall
 30 10 receive the sealed ballot container containing the ballots
 30 11 which have been voted throughout the day along with a signed
 30 12 statement of the precinct officials attesting to the number of
 30 13 declarations of eligibility signed up to that time, excluding
 30 14 those declarations signed by voters who have had not yet
 30 15 placed their ballots in the ballot container when it was
 30 16 sealed.  The officers shall replace the ballot container
 30 17 containing the voted ballots with an empty ballot container,
 30 18 to be sealed in the presence of a precinct election official.
 30 19    Sec. 62.  Section 53.2, unnumbered paragraph 1, Code
 30 20 Supplement 1995, is amended to read as follows:
 30 21    Any registered voter, under the circumstances specified in
 30 22 section 53.1, may on any day, except election day, and not
 30 23 more than seventy days prior to the date of the election,
 30 24 apply in person for an absentee ballot at the commissioner's
 30 25 office or at any location designated by the commissioner, or
 30 26 make written application to the commissioner for an absentee
 30 27 ballot.  The state commissioner shall prescribe a form for
 30 28 absentee ballot applications.  However, if a registered voter
 30 29 submits an application that includes all of the information
 30 30 required in this section, the prescribed form is not required.
 30 31 Absentee ballot applications may include instructions to send
 30 32 the application directly to the county commissioner of
 30 33 elections.  However, no absentee ballot application shall be
 30 34 preaddressed or printed with instructions to send the
 30 35 applications to anyone other than the appropriate
 31  1 commissioner.
 31  2    Sec. 63.  Section 53.19, unnumbered paragraph 3, Code 1995,
 31  3 is amended to read as follows:
 31  4    However, any registered voter who has received an absentee
 31  5 ballot and not voted returned it, may surrender the unmarked
 31  6 absentee ballot to the precinct officials and vote in person
 31  7 at the polls.  The precinct officials shall mark the uncast
 31  8 absentee ballot "void" and return it to the commissioner.  Any
 31  9 registered voter who has been sent an absentee ballot by mail
 31 10 but for any reason has not received it may appear at the
 31 11 voter's precinct polling place on election day and sign an
 31 12 affidavit to that effect, after which the voter shall be
 31 13 permitted to vote in person.  The form of the affidavit for
 31 14 use in such cases shall be prescribed by the state
 31 15 commissioner.
 31 16    Sec. 64.  Section 59.1, Code 1995, is amended by adding the
 31 17 following new unnumbered paragraph:
 31 18    NEW UNNUMBERED PARAGRAPH.  A special election for a seat in
 31 19 either house of the general assembly may be contested.  The
 31 20 contestant shall serve notice on the incumbent in the manner
 31 21 described in this section not later than twenty days after the
 31 22 state canvass of votes for the election.  A copy of the notice
 31 23 shall also be filed with the presiding officer of the house in
 31 24 which the contest is to be tried, if the general assembly is
 31 25 in session.  If the general assembly is not in session, a copy
 31 26 of the notice shall be filed with the secretary of state.  The
 31 27 secretary of state shall notify the presiding officer of the
 31 28 house in which the contest will be tried.
 31 29    Sec. 65.  Section 62.1, Code 1995, is amended to read as
 31 30 follows:
 31 31    62.1  CONTEST COURT.
 31 32    The court for the trial of contested county elections shall
 31 33 be thus constituted:  The chairperson of the board of
 31 34 supervisors shall be the presiding officer, and consist of one
 31 35 person named by the contestant and one person named by the
 32  1 incumbent may each name a person who shall be associated with
 32  2 the chairperson.  If the incumbent fails to name a judge, the
 32  3 chief judge of the judicial district shall be notified of the
 32  4 failure to appoint.  The chief judge shall designate the
 32  5 second judge within one week after the chief judge is
 32  6 notified.  These two judges shall meet within three days and
 32  7 select a third person to serve as the presiding officer of the
 32  8 court.  If they cannot agree on the third member of the court
 32  9 within three days after their initial meeting, the chief judge
 32 10 of the judicial district shall be notified of the failure to
 32 11 agree.  The chief judge shall designate the presiding judge
 32 12 within one week after the chief judge is notified.
 32 13    Sec. 66.  Section 62.2, Code 1995, is amended to read as
 32 14 follows:
 32 15    62.2  JUDGES.
 32 16    The contestant and incumbent shall each file in the
 32 17 auditor's office, on or before the day of trial, a written
 32 18 nomination of one associate judge of the contested election,
 32 19 who Judges shall be sworn in the same manner and form as trial
 32 20 jurors are sworn in trials of civil actions; if either the
 32 21 contestant or the incumbent fails to nominate, the presiding
 32 22 judge shall appoint for that person.  When either of the
 32 23 nominated judges a judge fails to appear on the day of trial,
 32 24 that judge's place may be filled by another appointment under
 32 25 the same rule.
 32 26    Sec. 67.  Section 62.9, Code 1995, is amended to read as
 32 27 follows:
 32 28    62.9  TRIAL &endash; NOTICE.
 32 29    The chairperson of the board of supervisors presiding judge
 32 30 shall thereupon fix a day for the trial, not more than thirty
 32 31 nor less than twenty days thereafter, and shall cause a notice
 32 32 of such trial to be served on the incumbent, with a copy of
 32 33 the contestant's statement, at least ten days before the day
 32 34 set for trial.  If the trial date is set for less than twenty
 32 35 days from the day notice is given and either party is not
 33  1 ready, the presiding judge shall delay the trial.
 33  2    Sec. 68.  Section 69.14A, subsection 1, paragraph a,
 33  3 unnumbered paragraph 2, Code 1995, is amended to read as
 33  4 follows:
 33  5    However, if within fourteen days after publication of the
 33  6 notice or within fourteen days after the appointment is made,
 33  7 whichever is later, a petition is filed with the county
 33  8 auditor requesting a special election to fill the vacancy, the
 33  9 appointment is temporary and a special election shall be
 33 10 called as provided in paragraph "b".  The petition shall meet
 33 11 the requirements of section 331.306, except that in counties
 33 12 where supervisors are elected under plan "three", the number
 33 13 of signatures calculated according to the formula in section
 33 14 331.306 shall be divided by the number of supervisor districts
 33 15 in the county.
 33 16    Sec. 69.  Section 69.14A, subsection 1, paragraph b,
 33 17 unnumbered paragraph 1, Code 1995, is amended to read as
 33 18 follows:
 33 19    By special election held to fill the office for the
 33 20 remaining balance of the unexpired term.  The committee of
 33 21 county officers designated to fill the vacancy in section 69.8
 33 22 may, on its own motion, or shall, upon receipt of a petition
 33 23 as provided in paragraph "a", call for a special election to
 33 24 fill the vacancy in lieu of appointment.  The committee shall
 33 25 order the special election at the earliest practicable date,
 33 26 but giving at least thirty thirty-two days' notice of the
 33 27 election.  A special election called under this section shall
 33 28 be held on a Tuesday and shall not be held on the same day as
 33 29 a school election within the county.
 33 30    Sec. 70.  Section 69.14A, subsection 2, paragraph a,
 33 31 unnumbered paragraph 2, Code 1995, is amended to read as
 33 32 follows:
 33 33    However, if within fourteen days after publication of the
 33 34 notice or within fourteen days after the appointment is made,
 33 35 whichever is later, a petition is filed with the county
 34  1 auditor requesting a special election to fill the vacancy, the
 34  2 appointment is temporary and a special election shall be
 34  3 called as provided in paragraph "b".  The petition shall meet
 34  4 the requirements of section 331.306.
 34  5    Sec. 71.  Section 69.14A, subsection 2, paragraph b,
 34  6 unnumbered paragraph 1, Code 1995, is amended to read as
 34  7 follows:
 34  8    By special election held to fill the office for the
 34  9 remaining balance of the unexpired term.  The board of
 34 10 supervisors may, on its own motion, or shall, upon receipt of
 34 11 a petition as provided in paragraph "a", call for a special
 34 12 election to fill the vacancy in lieu of appointment.  The
 34 13 committee supervisors shall order the special election at the
 34 14 earliest practicable date, but giving at least thirty thirty-
 34 15 two days' notice of the election.  A special election called
 34 16 under this section shall be held on a Tuesday and shall not be
 34 17 held on the same day as a school election within the county.
 34 18    Sec. 72.  Section 277.4, unnumbered paragraph 2, Code
 34 19 Supplement 1995, is amended to read as follows:
 34 20    Each candidate shall be nominated by petition.  If the
 34 21 candidate is running for an at-large a seat in the district
 34 22 which is voted for at-large, the petition must be signed by at
 34 23 least ten eligible electors, or a number of eligible electors
 34 24 equal in number to not less than one percent of the registered
 34 25 voters of the school district, whichever is more.  If the
 34 26 candidate is running for a seat which is voted for only by the
 34 27 voters of a director district, the petition must be signed by
 34 28 at least ten eligible electors of the director district or a
 34 29 number of eligible electors equal in number to not less than
 34 30 one percent of the registered voters in the director district,
 34 31 whichever is more.  A petition filed under this section shall
 34 32 not be required to have more than one hundred signatures.
 34 33    PARAGRAPH DIVIDED.  Signers of nomination petitions shall
 34 34 include their addresses and the date of signing, and must
 34 35 reside in the same director district as the candidate if
 35  1 directors are elected by the voters of a director district,
 35  2 rather than at large.  A person may sign nomination petitions
 35  3 for more than one candidate for the same office, and the
 35  4 signature is not invalid solely because the person signed
 35  5 nomination petitions for one or more other candidates for the
 35  6 office.  The petition shall be filed with the affidavit of the
 35  7 candidate being nominated, stating the candidate's name, place
 35  8 of residence, that such person is a candidate and is eligible
 35  9 for the office the candidate seeks, and that if elected the
 35 10 candidate will qualify for the office.  The affidavit shall
 35 11 also state that the candidate is aware that the candidate is
 35 12 disqualified from holding office if the candidate has been
 35 13 convicted, and never pardoned, of a felony or other infamous
 35 14 crime.
 35 15    Sec. 73.  Section 278.1, subsection 8, Code 1995, is
 35 16 amended to read as follows:
 35 17    8.  Authorize the establishment or abandonment of director
 35 18 districts or a change of boundaries of director districts a
 35 19 change in the method of conducting elections or in the number
 35 20 of directors as provided in sections 275.35 and 275.36.  If a
 35 21 proposition submitted to the voters under this subsection or
 35 22 subsection 7 of this section is rejected, it may not be
 35 23 resubmitted to the voters of the district in substantially the
 35 24 same form within the next three years; if it is approved, no
 35 25 other proposal may be submitted to the voters of the district
 35 26 under this subsection or subsection 7 of this section within
 35 27 the next six years.
 35 28    Sec. 74.  Section 372.2, subsection 2, Code 1995, is
 35 29 amended to read as follows:
 35 30    2.  Within fifteen days after receiving a valid petition,
 35 31 the council shall proclaim publish notice of the date that a
 35 32 special city election to will be held within sixty days to
 35 33 determine whether the city shall change to a different form of
 35 34 government.  The election date shall be not more than sixty
 35 35 days after the publication.  The notice shall include a
 36  1 statement that the filing of a petition for appointment of a
 36  2 home rule charter commission will delay the election until
 36  3 after the home rule charter commission has filed a proposed
 36  4 charter.  Petition requirements and filing deadlines shall
 36  5 also be included in the notice.
 36  6    PARAGRAPH DIVIDED.  The council shall notify the county
 36  7 commissioner of elections to publish notice of the election
 36  8 and conduct the election pursuant to chapters 39 to 53.  The
 36  9 county commissioner of elections shall certify the results of
 36 10 the election to the council.
 36 11    Sec. 75.  Section 372.3, Code 1995, is amended by striking
 36 12 the section and inserting in lieu thereof the following:
 36 13    372.3  HOME RULE CHARTER.
 36 14    If a petition for appointment of a home rule charter com-
 36 15 mission is filed with the city clerk not more than ten days
 36 16 after the council has published notice announcing the date of
 36 17 the special election on adoption of another form of
 36 18 government, the special election shall not be held until the
 36 19 charter proposed by the home rule charter commission is filed.
 36 20 Both forms must be published as provided in section 372.9 and
 36 21 submitted to the voters at the special election.
 36 22    Sec. 76.  Section 372.13, subsection 2, paragraph a,
 36 23 unnumbered paragraph 1, Code 1995, is amended to read as
 36 24 follows:
 36 25    By appointment by the remaining members of the council,
 36 26 except that if the remaining members do not constitute a
 36 27 quorum of the full membership, paragraph "b" shall be
 36 28 followed.  The appointment shall be for the period until the
 36 29 next pending election as defined in section 69.12, and shall
 36 30 be made within forty days after the vacancy occurs.  If the
 36 31 council chooses to proceed under this paragraph, it shall
 36 32 publish notice in the manner prescribed by section 362.3,
 36 33 stating that the council intends to fill the vacancy by
 36 34 appointment but that the electors of the city or ward, as the
 36 35 case may be, have the right to file a petition requiring that
 37  1 the vacancy be filled by a special election.  The council may
 37  2 publish notice in advance if an elected official submits a
 37  3 resignation to take effect at a future date.  The council may
 37  4 make an appointment to fill the vacancy after the notice is
 37  5 published or after the vacancy occurs, whichever is later.
 37  6 However, if within fourteen days after publication of the
 37  7 notice or within fourteen days after the appointment is made,
 37  8 whichever is later, there is filed with the city clerk a
 37  9 petition which requests a special election to fill the
 37 10 vacancy, an appointment to fill the vacancy is temporary and
 37 11 the council shall call a special election to fill the vacancy
 37 12 permanently, under paragraph "b".  The number of signatures of
 37 13 eligible electors of a city for a valid petition shall be
 37 14 determined as follows:
 37 15    Sec. 77.  Section 376.10, Code 1995, is amended to read as
 37 16 follows:
 37 17    376.10  CONTEST.
 37 18    A nomination or election to a city office may be contested
 37 19 in the manner provided in chapter 62 for contesting elections
 37 20 to county offices, except that a statement of intent to
 37 21 contest must be filed with the city clerk within ten days
 37 22 after the nomination or election.  The mayor is presiding
 37 23 officer of the court for the trial of a nomination or election
 37 24 contest, except that if the mayor's nomination or election is
 37 25 contested, the council shall elect one of its members other
 37 26 than the mayor to serve as presiding officer.
 37 27    Sec. 78.  Sections 49.27, 49.29, and 49.42, Code 1995, are
 37 28 repealed.
 37 29    Sec. 79.  IMMEDIATE EFFECTIVE DATE.  New Iowa Code section
 37 30 39.1A and amendments to Iowa Code sections 48A.22, 48A.26
 37 31 through 48A.29, 49.13, 49.16, 49.25, 49.54, 50.48, 52.33,
 37 32 52.35 through 52.38, 52.40, 53.2, 53.19, 62.1, 62.2, 62.9,
 37 33 69.14A, 277.4, and 372.13, being deemed of immediate
 37 34 importance, take effect upon enactment.  
 37 35                           EXPLANATION
 38  1    This bill makes a number of changes to the election laws of
 38  2 Iowa.
 38  3    New Iowa Code section 39.1A prohibits county auditors from
 38  4 conducting elections which are not specifically authorized or
 38  5 required by state law.  New Iowa Code section 39.26 provides
 38  6 that filings pertaining to an election, the deadline for which
 38  7 falls on a day the county or state commissioner of elections
 38  8 office is closed for business, shall be filed on the next day
 38  9 that the office of county or state commissioner is open for
 38 10 business to receive the filing.
 38 11    An indirect internal reference contained in Iowa Code
 38 12 section 43.67, which provides for the right to a place on the
 38 13 ballot of nominees for federal, state, and county office, is
 38 14 stricken and the direct references to the relevant sections
 38 15 are inserted.
 38 16    Iowa Code section 43.73 is amended to strike language which
 38 17 authorizes the secretary of state to prescribe party order on
 38 18 the ballot.  Code section 49.31 gives that authority to the
 38 19 county auditors.
 38 20    Iowa Code sections 43.88 and 44.4 are amended to change the
 38 21 candidate filing deadline for special elections held to fill
 38 22 vacancies in county offices from 20 to 25 days before the
 38 23 election to allow more time to print ballots.
 38 24    Iowa Code section 43.116 is amended to add a provision to
 38 25 specify a method for partisan nominations for special city
 38 26 elections to fill vacancies in offices in special charter
 38 27 cities.  The recommended change, nomination by convention,
 38 28 parallels similar provisions for other partisan special
 38 29 elections.
 38 30    Iowa Code section 47.5 is amended to strike the requirement
 38 31 that county commissioner of elections' bid specifications be
 38 32 filed with the state commissioner of elections.
 38 33    Iowa Code section 47.6 is amended to require that notice of
 38 34 a special election that will be held in conjunction with a
 38 35 previously scheduled special election be given not later than
 39  1 the last day to file nomination papers for the previously
 39  2 scheduled special election.
 39  3    Iowa Code section 48A.22 is amended to strike the
 39  4 requirement that the secretary of state sell voter
 39  5 registration forms and that they be sold at the cost of
 39  6 production.  The amended language requires the secretary of
 39  7 state to provide registration forms, without specifying the
 39  8 kind.
 39  9    The National Voter Registration Act (NVRA) is a federal law
 39 10 which became effective January 1, 1995.  NVRA requires mailing
 39 11 of some specific documents, but does not specifically require
 39 12 that they be sent by first class mail.  Iowa Code sections
 39 13 48A.26 through 48A.29 are amended to strike the first class
 39 14 mailing requirement.
 39 15    Iowa Code section 48A.27 is also amended to eliminate the
 39 16 requirement that a mail registration form be provided to
 39 17 people who have moved from one county to another within Iowa.
 39 18    Iowa Code section 49.13 is amended to permit the auditor to
 39 19 appoint two people of different political parties to serve as
 39 20 co-chairpersons of the precinct election board.  The amendment
 39 21 also makes editorial changes.
 39 22    Iowa Code section 49.16 is amended to prohibit a precinct
 39 23 election official who has changed party affiliation from the
 39 24 party which designated the official from working at the polls
 39 25 as a designee of the party with which the official was
 39 26 formerly registered.
 39 27    Iowa Code section 49.25 is amended to require that ballot
 39 28 boxes be locked during the receiving of ballots, except during
 39 29 early ballot pickup activities and when opened by the counting
 39 30 board charged with tabulating votes in paper ballot precincts
 39 31 during the hours when the polls are open.  This amendment also
 39 32 adds secrecy sleeves to the equipment needed at the polls.
 39 33 Secrecy sleeves are needed for use with machine-read ballots
 39 34 that cannot be folded to conceal the voter's marks.
 39 35    Iowa Code section 49.29 is incorporated into section 49.26,
 40  1 and section 49.26, which relates to ballot marking
 40  2 instructions, is reworded to permit the use of machine-read
 40  3 ballots, even if they will be counted by hand.
 40  4    Iowa Code section 49.27 has been incorporated into section
 40  5 49.30.  All information about what can be placed upon a
 40  6 separate ballot is now in a single Code section.  It is
 40  7 organized according to the three general types of voting
 40  8 equipment used in Iowa and specifies the circumstances under
 40  9 which separate ballots may be used for each type of voting
 40 10 equipment.  Iowa Code section 49.30 is amended to add to the
 40 11 list of offices that may be printed on a separate paper ballot
 40 12 in voting machine precincts, all nonpartisan offices listed in
 40 13 Iowa Code section 39.21 (regional library trustees, county
 40 14 public hospital trustees, soil and water district conservation
 40 15 commissioners, and county agricultural extension councils).
 40 16 The amendment also allows separate paper ballots in precincts
 40 17 that incorporate more than one township if any of the
 40 18 townships elects its township officers.
 40 19    Iowa Code section 49.31, relating to the arrangement of
 40 20 names on the ballot, is amended to provide that the names of
 40 21 candidates shall be listed below the title of the office, and,
 40 22 for partisan offices, above the name of the political party or
 40 23 nonparty political organization which nominated the candidate.
 40 24 The amendment makes clear that the county commissioner shall
 40 25 determine the order of political parties and nonparty
 40 26 political organizations on the ballot and that each ballot
 40 27 used in the county shall be identical.
 40 28    Iowa Code section 49.33 is amended to revise the
 40 29 description of the space where the voter indicates a choice
 40 30 for paired offices and provides that write-in votes will no
 40 31 longer be tabulated separately for the offices of president
 40 32 and vice president, and governor and lieutenant governor.
 40 33    Iowa Code section 49.35, relating to the order of arranging
 40 34 tickets on the ballot, is amended to pertain to lever voting
 40 35 machine ballots only.
 41  1    Iowa Code section 49.37 is amended to eliminate the
 41  2 requirement that ballots be arranged in columns or rows by
 41  3 political party or nonparty political organization.  It also
 41  4 requires that the first section of partisan ballots be
 41  5 reserved for straight party voting, then political parties or
 41  6 nonparty political organizations which have nominated
 41  7 candidates for more than one office, then political parties or
 41  8 organizations which have nominated candidates for only one
 41  9 office.  The amendment also requires that the ballot shall
 41 10 contain instructions for straight party voting.
 41 11    New section 49.42A is enacted to prescribe the form for
 41 12 general election ballots.
 41 13    Iowa Code section 49.43 is amended to provide that, if
 41 14 possible, all public measures and constitutional amendments
 41 15 shall be placed on a single special paper ballot.  The special
 41 16 ballot shall also include all offices to be voted upon.
 41 17    Iowa Code section 49.44 is amended to require that a
 41 18 summary of a proposed constitutional amendment or other public
 41 19 measure be placed on the ballot immediately before the full
 41 20 text of the amendment or measure on special paper ballots.  If
 41 21 the full text of the amendment or measure will not fit on the
 41 22 ballot, it shall be posted inside the voting booth and
 41 23 included with absentee ballots.
 41 24    Iowa Code section 49.45 is amended to more specifically
 41 25 prescribe the general form of ballots containing
 41 26 constitutional amendments or other public measures.
 41 27    Iowa Code section 49.46, relating to marking ballots on
 41 28 public measures, is amended to provide for making the
 41 29 appropriate mark on special paper ballots.
 41 30    Iowa Code section 49.47, relating to the notice, or voting
 41 31 instructions, for ballots containing a constitutional
 41 32 amendment or public measure is amended to apply to all types
 41 33 of ballots, including special paper ballots, and allows the
 41 34 notice to be adapted, where appropriate.
 41 35    Iowa Code section 49.54 is amended to set the maximum cost
 42  1 of publishing the official notice of an election, including
 42  2 the sample ballot, at the cost for other legal publications.
 42  3    Iowa Code section 49.57 is amended to do the following:
 42  4 (1) provide for the inclusion of party names with the names of
 42  5 candidates in the new office block ballot plan; (2) add to the
 42  6 ballot preparation instructions a requirement that office
 42  7 title indicate if an office appears on the ballot to fill a
 42  8 vacancy; (3) change the type specifications from fractions of
 42  9 inches to point size; (4) strikes the requirement that ballot
 42 10 paper be white because some voting systems use off-white card
 42 11 stock.
 42 12    Iowa Code section 49.73 is amended to increase from 3,500
 42 13 to 10,000 the maximum population of cities in which the polls
 42 14 may open at 12:00 noon, instead of 7:00 a.m. for city
 42 15 elections.  This will affect 66 cities.
 42 16    Iowa Code section 49.92 updates the voting mark
 42 17 descriptions and targets to account for the use of a voting
 42 18 system other than the paper ballot system.
 42 19    Iowa Code section 49.93, relating to the number of votes
 42 20 allowed for each office, is reworded.
 42 21    Iowa Code sections 49.94 and 49.95 are amended to change
 42 22 voting target description and voting mark description to
 42 23 include variations allowed by optical scan voting systems.
 42 24 Portions of sections 49.94 and 49.95, relating to straight
 42 25 ticket marking and voting only part of a ticket, respectively,
 42 26 are reworded.
 42 27    Iowa Code sections 49.96 and 49.97, relating to voting for
 42 28 offices with more than one person to be elected and marking a
 42 29 mixed ticket, respectively, are reworded.
 42 30    Iowa Code section 49.98, relating to the instructions for
 42 31 counting ballots; section 49.99, relating to write-in votes;
 42 32 and section 49.100, relating to replacing spoiled ballots, are
 42 33 reworded.
 42 34    Iowa Code section 50.13 is amended to remove the
 42 35 requirement that representatives of the political parties
 43  1 attend the destruction of ballots.
 43  2    Iowa Code section 50.48 is amended to allow the envelope
 43  3 containing ballots counted without the unanimous agreement of
 43  4 the precinct election officials to be delivered to the recount
 43  5 board.  The function of recounts is to reexamine the
 43  6 tabulation of votes at an election.  Currently these ballots
 43  7 are returned to the auditor as "disputed ballots".  The
 43  8 proposed amendment also requires that the tabulating program
 43  9 used on election day be used in the recount.
 43 10    Iowa Code section 52.10 is amended to provide that lists of
 43 11 candidates of a political party or nonparty political
 43 12 organization may be arranged in horizontal rows or vertical
 43 13 columns if necessary to meet the physical requirements of the
 43 14 voting machine used.
 43 15    Iowa Code section 52.12 is amended to require that voting
 43 16 machines have a single lever or switch to make a straight
 43 17 party vote.
 43 18    Iowa Code section 52.33 is amended to require the absentee
 43 19 and special precinct board to follow the same procedure as the
 43 20 central count resolution board when tabulating optical scan
 43 21 ballots.  This permits the board to make a duplicate of a
 43 22 damaged or unreadable ballot and include the duplicate ballot
 43 23 in the machine count.
 43 24    Iowa Code section 52.35, and by reference section 52.38,
 43 25 are amended to eliminate the requirement that voting equipment
 43 26 test results be certified to the secretary of state.
 43 27    Iowa Code section 52.36 is amended to require resolution
 43 28 boards to divide into two-person bipartisan teams.  Resolution
 43 29 boards tabulate write-in votes and decide questions regarding
 43 30 ballots which cannot be tabulated by the machine.  Resolution
 43 31 boards are currently required to divide into teams of three
 43 32 people.
 43 33    Section 52.37, relating to tabulation of electronic voting
 43 34 system ballots, allows the commissioner of elections to
 43 35 instruct the resolution board to mark over voters' marks
 44  1 unreadable by the machine, if possible, or to duplicate the
 44  2 ballot.
 44  3    Iowa Code section 52.38 is amended to eliminate the
 44  4 requirement that portable tabulating devices be tested at the
 44  5 polling place where they are to be used.
 44  6    Iowa Code section 52.40 is amended to allow precinct
 44  7 election officials to seal the ballot box at early ballot
 44  8 pick-up sites at a convenient time and to open a second ballot
 44  9 box when it is convenient.  The early pick-up officers would
 44 10 no longer be required to do these tasks.
 44 11    Iowa Code section 53.2 is amended to prohibit mailing an
 44 12 application for an absentee ballot to an address other than
 44 13 the county auditor or to an address designated by the auditor.
 44 14    Iowa Code section 53.19 is amended to allow voters to
 44 15 surrender marked or unmarked absentee ballots on election day
 44 16 and vote unchallenged at the polls.
 44 17    Currently no statutory provision exists for contesting a
 44 18 special election to fill a vacancy in the general assembly.
 44 19 The proposed amendment to Iowa Code section 59.1 adds a method
 44 20 for contesting the outcome of a special election while the
 44 21 general assembly is in session.  The contestant would file a
 44 22 notice of contest with the speaker of the house of
 44 23 representatives or with the president of the senate, as
 44 24 appropriate, not more than 20 days after the canvass of votes.
 44 25    Iowa Code sections 62.1 and 62.2 are amended to change the
 44 26 contest court chairperson from the chairperson of the county
 44 27 board of supervisors to a third person mutually agreed to by
 44 28 the judges selected by the incumbent and the contestant.
 44 29    Iowa Code section 62.9 is amended to strike the limitation
 44 30 that the contest court may not begin for at least 20 days
 44 31 after the election.
 44 32    Iowa Code sections 69.14A and 372.13 are amended to strike
 44 33 the words "whichever is later" from the description of the
 44 34 filing period for a petition requesting a special election to
 44 35 fill a vacancy on the county board of supervisors.  The
 45  1 appointment will always be later than the publication of the
 45  2 notice of intent to appoint.
 45  3    Section 69.14A is also amended to change the notice of
 45  4 election to fill a vacancy from 30 to 32 days, to be
 45  5 consistent with other special election notice requirements.
 45  6 Thirty days before a Tuesday election always falls on a
 45  7 Sunday.  This amendment moves the deadline back to the
 45  8 preceding Friday.
 45  9    Iowa Code section 277.4 is amended to specify the minimum
 45 10 signature requirements for school board candidates.
 45 11    Iowa Code section 278.1 prescribes the procedure for
 45 12 changing the method of school elections which is similar to
 45 13 sections 275.35 and 275.36, except for petition filing
 45 14 deadlines and the thoroughness of the procedures.  The more
 45 15 thorough language of sections 275.35 and 275.36 has been
 45 16 retained.  The provision in section 278.1, subsection 8,
 45 17 allowing voters to redraw the director district boundaries at
 45 18 an election is stricken.  Director district boundaries are
 45 19 drawn after the census on the basis of population.
 45 20    Iowa Code section 372.2 is amended to specify the timing of
 45 21 a city special election date.  The amendment requires
 45 22 publication of intent to hold a special election on adoption
 45 23 of another form of government and notice that citizens may
 45 24 petition for appointment of a home rule charter commission,
 45 25 thereby delaying the election on adoption of another form of
 45 26 government.
 45 27    Iowa Code section 372.3 is amended to establish a deadline
 45 28 for filing a petition for appointment of a home rule charter
 45 29 commission.  Filing this petition will stay a special election
 45 30 on adoption of another form of government.  Currently no
 45 31 deadline for filing the petition is prescribed.
 45 32    Iowa Code section 376.10 is amended to change the contest
 45 33 court chairperson for city elections from the mayor to a third
 45 34 person mutually agreed to by the judges selected by the
 45 35 incumbent and the contestant.
 46  1    New Iowa Code section 39.1A and amendments to Iowa Code
 46  2 sections 48A.22, 48A.26 through 48A.29, 49.13, 49.16, 49.25,
 46  3 49.54, 50.48, 52.33, 52.35 through 52.38, 52.40, 53.2, 53.19,
 46  4 62.1, 62.2, 62.9, 69.14A, 277.4, and 372.13 take effect upon
 46  5 enactment.  
 46  6                      BACKGROUND STATEMENT
 46  7                     SUBMITTED BY THE AGENCY
 46  8    This proposal includes a variety of changes to the Election
 46  9 Laws of Iowa.  The changes are needed to correct
 46 10 inconsistencies in the Code and to resolve issues that are not
 46 11 clearly addressed.  Some changes are purely technical or
 46 12 editorial, and others are procedural changes needed to include
 46 13 current election practices in the Code or to improve
 46 14 efficiency in the conduct of elections.
 46 15    The most significant procedural changes are to the ballot
 46 16 preparation sections of chapter 49.  The ballot design
 46 17 presented by the Code is used in only a few counties.  It
 46 18 requires the use of large, expensive ballots.  The office
 46 19 block ballot style proposed here will reduce the physical size
 46 20 of paper ballots and make them easier for voters to read.  It
 46 21 will provide statutory guidance for the preparation of ballots
 46 22 for most of Iowa's counties.  This change includes in the Code
 46 23 ballot preparation and printing procedures for the type of
 46 24 ballot now used in more than 65 Iowa counties.  The Code does
 46 25 not currently provide any direct guidance in the preparation
 46 26 of this kind of ballot.
 46 27    New Iowa Code section 39.1A is added to prohibit county
 46 28 auditors from conducting elections which are not specifically
 46 29 authorized or required by state law.  A growing number of
 46 30 requests are being received by county auditors to conduct
 46 31 elections which are not specifically authorized or required by
 46 32 state law.  Some auditors have been asked to hold
 46 33 unauthorized, nonbinding elections in conjunction with
 46 34 scheduled, official elections.  Although the Code does not
 46 35 currently forbid this practice, our advice from the attorney
 47  1 general's office is that these elections should not be held.
 47  2 County attorneys have not agreed with one another on how the
 47  3 auditors receiving these requests should proceed.  Unofficial
 47  4 elections can confuse the voters and dilute the significance
 47  5 of the election process.
 47  6    New Iowa Code section 39.26 provides that filings
 47  7 pertaining to an election, the deadline for which falls on a
 47  8 day the county or state commissioner of elections office is
 47  9 closed, shall be filed on the next day that the office of
 47 10 county or state commissioner is open to receive the filing.
 47 11    For clarity, an indirect internal reference contained in
 47 12 Iowa Code section 43.67, which provides for the right to a
 47 13 place on the ballot of nominees for federal, state, and county
 47 14 office, is stricken and the direct references to the relevant
 47 15 sections are inserted.
 47 16    The Iowa Code sections regarding the authority to determine
 47 17 the sequence of political party names on the ballot appear to
 47 18 conflict and are the source of much confusion.  This amendment
 47 19 to Iowa Code section 43.73 removes language which seems to
 47 20 give the secretary of state the authority to prescribe party
 47 21 order; another Code section gives that authority to the county
 47 22 auditors.
 47 23    Iowa Code sections 43.88 and 44.4 are amended to change the
 47 24 candidate filing deadline for special elections held to fill
 47 25 vacancies in county offices from 20 to 25 days before the
 47 26 election to allow more time to print ballots.
 47 27    Iowa Code section 43.116 is amended to add a provision to
 47 28 specify a method for partisan nominations for special city
 47 29 elections to fill vacancies in offices in special charter
 47 30 cities.  The recommended change, nomination by convention,
 47 31 parallels similar provisions for other partisan special
 47 32 elections.
 47 33    Iowa Code section 47.5 is amended to strike the requirement
 47 34 that bid specifications be filed with the state commissioner
 47 35 of elections.  These records are very rarely consulted and are
 48  1 available in the counties where the bids are let.
 48  2    Iowa Code section 47.6 is amended to require that notice of
 48  3 a special election that will be held in conjunction with a
 48  4 previously scheduled special election (such as an election to
 48  5 fill a vacancy in an elective city office) be given not later
 48  6 than the last day to file nomination papers.  This will make
 48  7 it easier to print ballots in a timely way.
 48  8    Iowa Code section 48A.22 is amended to strike the
 48  9 requirement that the secretary of state sell voter
 48 10 registration forms and that they be sold at the cost of
 48 11 production.  The amended language requires the secretary of
 48 12 state to provide registration forms, without specifying the
 48 13 kind.
 48 14    The National Voter Registration Act (NVRA) is a federal law
 48 15 which became effective January 1, 1995.  NVRA requires mailing
 48 16 of some specific documents, but does not specifically require
 48 17 that they be sent by first class mail.  Iowa Code sections
 48 18 48A.26 through 48A.29 are amended to strike the first class
 48 19 mailing requirement.  This change would allow county
 48 20 commissioners to make arrangements with the post office for
 48 21 first class service at third class rates, where possible.
 48 22 NVRA mailings include
 48 23    1.  Acknowledgement of registration form:  48A.26(1)
 48 24    2.  Notices in relation to the national change of address
 48 25 program:  48A.27(4) and 48A.28 (2-3)
 48 26    3.  Return of confirmation card:  48A.29
 48 27    Iowa Code section 48A.27 is also amended to eliminate the
 48 28 requirement that a mail registration form be provided to
 48 29 people who have moved from one county to another within Iowa.
 48 30    Iowa Code section 49.13 is amended to permit the auditor to
 48 31 appoint two people of different political parties to serve as
 48 32 co-chairpersons of the precinct election board.  The amendment
 48 33 also makes editorial changes for improved clarity.
 48 34    Precinct election officials are appointed to represent
 48 35 their respective political parties.  Occasionally an official
 49  1 will change political party affiliation for the primary
 49  2 election.  This can jeopardize the balance of political
 49  3 representation at the polls on primary election day.  The
 49  4 proposed amendment to Iowa Code section 49.16 would prohibit
 49  5 an official who has changed party affiliation from the party
 49  6 which designated the official from working at the polls as a
 49  7 designee of the party the official has abandoned.
 49  8    Iowa Code section 49.25 is amended to require that the
 49  9 ballot box be locked during the receiving of ballots, except
 49 10 during early ballot pickup activities and when opened by the
 49 11 counting board charged with tabulating votes in paper ballot
 49 12 precincts during the hours when the polls are open.  This
 49 13 amendment also adds secrecy sleeves to the equipment needed at
 49 14 the polls.  Secrecy sleeves are needed for use with machine-
 49 15 read ballots that cannot be folded to conceal the voter's
 49 16 marks.
 49 17    Iowa Code sections 49.26, 49.27, 49.29, 49.30, 49.31,
 49 18 49.33, 49.35, 49.37, 49.42, 49.43, 49.44, 49.45, 49.46, 49.47,
 49 19 49.57, 49.94 - 49.99, 52.10, and 52.12 relate to ballot
 49 20 format.  Amendments to these sections change the standard
 49 21 ballot format from party column style to office block style.
 49 22 Lever voting machines would still use the party column style
 49 23 ballot.  There are no more than six counties in Iowa that
 49 24 still use the party column form of paper ballot prescribed in
 49 25 chapter 49, which has been changed only slightly since 1892.
 49 26 Automatic voting machines are laid out in party column style,
 49 27 but the use of these machines has dwindled from a high of 75
 49 28 or 80 counties to 28.  A majority of the counties now use
 49 29 voting systems which are laid out in office block style.
 49 30 Auditors in paper ballot counties support this change; it will
 49 31 save significant amounts of money in ballot printing and
 49 32 publication costs.
 49 33    The amendments also change voting target description and
 49 34 voting mark descriptions to include variations by optical scan
 49 35 voting systems.
 50  1    Iowa Code section 49.29 is incorporated into section 49.26,
 50  2 and section 49.26, which relates to ballot marking
 50  3 instructions, is reworded to permit the use of mark-sense
 50  4 style ballots, even if they will be counted by hand.  Some
 50  5 elections are so small and so simple that the most economical
 50  6 method for counting the results is by hand.  However, in
 50  7 counties where voters are accustomed to special paper ballots,
 50  8 auditors prefer to use the same style of ballot and
 50  9 instructions even if the ballots will not be counted by a
 50 10 machine.  Changing the instructions to the method for marking
 50 11 a hand-counted paper ballot (making an X or checkmark) can be
 50 12 confusing for voters.
 50 13    Iowa Code section 49.27 has been incorporated into section
 50 14 49.30.  All information about what can be placed upon a
 50 15 separate ballot is now in a single Code section.  It is
 50 16 organized according to the three general types of voting
 50 17 equipment used in Iowa and specifies the circumstances under
 50 18 which separate ballots may be used for each type of voting
 50 19 equipment.  The amendment to Code section 49.30 adds to the
 50 20 list of offices that may be printed on a separate paper ballot
 50 21 in voting machine precincts all nonpartisan offices listed in
 50 22 Iowa Code section 39.21 (regional library trustees, county
 50 23 public hospital trustees, soil and water district conservation
 50 24 commissioners, and county agricultural extension councils).
 50 25 If there are large numbers of candidates for any of these
 50 26 offices, it can be very difficult to fit them all on the
 50 27 machine.  The amendment also allows separate paper ballots in
 50 28 precincts that incorporate more than one township if any of
 50 29 the townships elects its township officers.
 50 30    Iowa Code section 49.31, relating to the arrangement of
 50 31 names on the ballot, is amended to provide that the names of
 50 32 candidates shall be listed below the title of the office, and,
 50 33 for partisan offices, above the name of the political party or
 50 34 nonparty political organization which nominated the candidate.
 50 35 The amendment makes clear that the county commissioner shall
 51  1 determine the order of political parties and nonparty
 51  2 political organizations on the ballot and that each ballot
 51  3 used in the county shall be identical.
 51  4    Iowa Code section 49.33 is amended to revise the
 51  5 description of the space where the voter indicates a choice
 51  6 for paired offices and provides that write-in votes will no
 51  7 longer be tabulated separately for the offices of president
 51  8 and vice president, and governor and lieutenant governor.
 51  9    Iowa Code section 49.35, relating to the order of arranging
 51 10 tickets on the ballot, is amended to pertain to lever voting
 51 11 machine ballots only.
 51 12    Iowa Code section 49.37 is amended to require that the
 51 13 first section of partisan ballots be reserved for straight
 51 14 party voting, then political parties or nonparty political
 51 15 organizations which have nominated candidates for more than
 51 16 one office, then political parties or organizations which have
 51 17 nominated candidates for only one office.  The amendment also
 51 18 requires that the ballot shall contain instructions for
 51 19 straight party voting.
 51 20    New section 49.42A is enacted to prescribe the form for
 51 21 general election ballots.
 51 22    Iowa Code section 49.43 is amended to provide that, if
 51 23 possible, all public measures and constitutional amendments
 51 24 shall be placed on a single special paper ballot.  The special
 51 25 ballot shall also include all offices to be voted upon.
 51 26    Iowa Code section 49.44 is amended to require that a
 51 27 summary of a proposed constitutional amendment or other public
 51 28 measure be placed on the ballot immediately before the full
 51 29 text of the amendment or measure on special paper ballots.  If
 51 30 the full text of the amendment or measure will not fit on the
 51 31 ballot, it shall be posted inside the voting booth and
 51 32 included with absentee ballots.
 51 33    Iowa Code section 49.45 is amended to more specifically
 51 34 prescribe the general form of ballots containing
 51 35 constitutional amendments or other public measures.
 52  1    Iowa Code section 49.46, relating to marking ballots on
 52  2 public measures, is amended to provide for making the
 52  3 appropriate mark on paper ballots.
 52  4    Iowa Code section 49.47, relating to the notice, or voting
 52  5 instructions, for ballots containing a constitutional
 52  6 amendment or public measure is amended to apply to paper
 52  7 ballots and allows the notice to be adapted, where
 52  8 appropriate.
 52  9    Iowa Code section 49.54 is amended to set the maximum cost
 52 10 of publishing the official notice of an election, including
 52 11 the sample ballot, at the cost for other legal publications.
 52 12    Iowa Code section 49.57 is amended to do the following:
 52 13 (1) provide for the inclusion of party names with the names of
 52 14 candidates in the new office block ballot plan; (2) add to the
 52 15 ballot preparation instructions a requirement that office
 52 16 titles indicate if an office appears on the ballot to fill a
 52 17 vacancy; (3) change the type specifications from fractions of
 52 18 inches to point size; (4) strikes the requirement that ballot
 52 19 paper be white because some voting systems use off-white card
 52 20 stock.
 52 21    Iowa Code section 49.73 is amended to increase from 3,500
 52 22 to 10,000 the maximum population of cities in which the polls
 52 23 may open at 12:00 noon, instead of 7:00 a.m. for city
 52 24 elections.  This will affect 66 cities.
 52 25    Iowa Code section 49.93, relating to the number of votes
 52 26 allowed for each office, is reworded.
 52 27    Iowa Code sections 49.94 and 49.95 are amended to change
 52 28 voting target description and voting mark description to
 52 29 include variations allowed by optical scan voting systems.
 52 30 Portions of sections 49.94 and 49.95, relating to straight
 52 31 ticket marking and voting only part of a ticket, respectively,
 52 32 are reworded.
 52 33    Iowa Code sections 49.96 and 49.97, relating to voting for
 52 34 offices with more than one person to be elected and marking a
 52 35 mixed ticket, respectively, are reworded.
 53  1    Iowa Code section 49.98, relating to the instructions for
 53  2 counting ballots; section 49.99, relating to write-in votes;
 53  3 and section 49.100, relating to replacing spoiled ballots, are
 53  4 reworded.
 53  5    Iowa Code section 50.13 is amended to remove the
 53  6 requirement that representatives of the political parties
 53  7 attend the destruction of ballots.  The requirement is a
 53  8 difficult one for counties to fulfill.  We propose inviting
 53  9 representatives from the political parties, but not requiring
 53 10 their attendance.
 53 11    The function of recounts is to reexamine the tabulation of
 53 12 votes at an election.  The prescription for what can be
 53 13 examined in a recount does not now specifically mention
 53 14 ballots which were counted without unanimous agreement of the
 53 15 precinct election officials.  Currently, these ballots are
 53 16 separated in the counting process with other problem ballots
 53 17 and are returned to the auditor in a sealed envelope marked
 53 18 "Disputed ballots".  Iowa Code section 50.48 is amended to
 53 19 allow the envelope containing ballots counted without the
 53 20 unanimous agreement of the precinct election officials to be
 53 21 delivered to the recount board because it includes ballots
 53 22 which were counted.  The proposed amendment also requires that
 53 23 programming used on election day be used in the recount.
 53 24    Iowa Code section 52.10 is amended to provide that lists of
 53 25 candidates of a political party or nonparty political
 53 26 organization may be arranged in horizontal rows or vertical
 53 27 columns if necessary to meet the physical requirements of the
 53 28 voting machine used.
 53 29    Iowa Code section 52.12 is amended to require that voting
 53 30 machines have a single lever or switch to make a straight
 53 31 party vote.
 53 32    Iowa Code section 52.33 is amended to require the absentee
 53 33 and special precinct board to follow the same procedure as the
 53 34 central count resolution board when tabulating optical scan
 53 35 ballots.  This permits the board to make a duplicate of a
 54  1 damaged or unreadable ballot and include the duplicate ballot
 54  2 in the machine count.
 54  3    Iowa Code section 52.35, and by reference section 52.38,
 54  4 are amended to eliminate the requirement that voting equipment
 54  5 test results be certified to the secretary of state.
 54  6    Iowa Code section 52.36 is amended to require resolution
 54  7 boards to divide into two-person bipartisan teams.  Resolution
 54  8 boards tabulate write-in votes and decide questions regarding
 54  9 ballots which cannot be tabulated by the machine.  Resolution
 54 10 boards are currently required to divide into teams of three
 54 11 people.  Some counties consider this an inefficient use of
 54 12 people.  The third person is needed as a tie-breaker.  When
 54 13 the members of a team are unable to agree on how to count a
 54 14 ballot, a third person from another team can be called upon to
 54 15 resolve the dispute.
 54 16    Section 52.37, relating to tabulation of electronic voting
 54 17 system ballots, allows the commissioner of elections to
 54 18 instruct the resolution board to mark over voters' marks
 54 19 unreadable by the machine, if possible, or to duplicate the
 54 20 ballot.
 54 21    Iowa Code section 53.28 is amended to eliminate the
 54 22 requirement that portable tabulating devices be tested at the
 54 23 polling place where they are to be used.
 54 24    In precincts where early ballot pickup has been used in
 54 25 very busy elections, the arrival of the team to remove the
 54 26 voted ballots and replace the ballot box completely stops
 54 27 voting activities while the number of voters to that time is
 54 28 certified, the ballot box in use is sealed, and the new ballot
 54 29 box is determined to be empty.  Iowa Code section 52.40 is
 54 30 amended to allow the precinct election officials to seal the
 54 31 ballot box at a convenient time and to open a second ballot
 54 32 box when it is convenient.  The precinct election officials
 54 33 would have the required paperwork ready when the ballot
 54 34 couriers arrive.  This change is intended to improve
 54 35 efficiency in the polling place.
 55  1    Iowa Code section 53.2 is amended to prohibit mailing an
 55  2 application for an absentee ballot to an address other than
 55  3 the county auditor or to an address designated by the auditor.
 55  4 This is intended to keep candidates from intercepting absentee
 55  5 ballot requests and to avoid the resulting delays.
 55  6    Iowa Code section 53.19 is amended to allow voters to
 55  7 surrender marked or unmarked absentee ballots on election day
 55  8 and be allowed to vote unchallenged at the polls.
 55  9    There is no provision for contesting a special election to
 55 10 fill a vacancy in the general assembly.  The proposed
 55 11 amendment to Iowa Code section 59.1 adds a method for
 55 12 contesting the outcome of a special election while the general
 55 13 assembly is in session.  The contestant would file a notice of
 55 14 contest with the speaker of the house of representatives or
 55 15 the president of the senate, as appropriate, not more than 20
 55 16 days after the canvass of votes.
 55 17    Iowa Code sections 62.1 and 62.2 are amended to change the
 55 18 contest court chairperson from the chairperson of the county
 55 19 board of supervisors to a third person mutually agreed to by
 55 20 the judges selected by the incumbent and the contestant.
 55 21    Iowa Code section 62.9 is amended to strike the limitation
 55 22 "nor less than twenty days" for the beginning of the contest
 55 23 court.  If all parties are ready, they should be able to
 55 24 begin.
 55 25    Iowa Code sections 69.14A and 372.13 are amended to strike
 55 26 the words "whichever is later" from the description of the
 55 27 filing period for a petition requesting a special election to
 55 28 fill a vacancy on the county board of supervisors.  The
 55 29 appointment will always be later than the publication of the
 55 30 notice of intent to appoint.
 55 31    Section 69.14A is also amended to change the notice of
 55 32 election to fill a vacancy from 30 days to 32, to be
 55 33 consistent with other special election notice requirements.
 55 34 Thirty days before a Tuesday election always falls on a
 55 35 Sunday.  This amendment moves the deadline back to the
 56  1 preceding Friday.
 56  2    Iowa Code section 277.4 is amended to clarify the signature
 56  3 requirements for school board candidates.
 56  4    Iowa Code section 278.1 prescribes the method for changing
 56  5 the method of school elections which is similar to sections
 56  6 275.35 and 275.36.  There are differences in the two sections
 56  7 in the filing deadline for petitions and in thoroughness of
 56  8 the procedures.  The more thorough language of sections 275.35
 56  9 and 275.36 has been retained.  The provision in section 278.1,
 56 10 subsection 8, that the voters can redraw the director district
 56 11 boundaries at an election has been repealed.  Director
 56 12 district boundaries are drawn after the census on the basis of
 56 13 population.  These boundaries should not be redrawn in a
 56 14 political process.
 56 15    Iowa Code section 372.2 is amended to clarify the timing of
 56 16 a city special election date.  The amendment requires
 56 17 publication of intent to hold a special election on adoption
 56 18 of another form of government and notice that citizens may
 56 19 petition for appointment of a home rule charter commission,
 56 20 thereby delaying the election on adoption of another form of
 56 21 government.
 56 22    Iowa Code section 372.3 is amended to establish a deadline
 56 23 for filing a petition for appointment of a special charter
 56 24 commission.  Filing this petition will stay a special election
 56 25 on adoption of another form of government.  Currently no
 56 26 deadline for filing the petition is prescribed.
 56 27    Iowa Code section 376.10 is amended to change the contest
 56 28 court chairperson for city elections from the mayor to a third
 56 29 person mutually agreed to by the judges selected by the
 56 30 incumbent and the contestant.  
 56 31 LSB 3200DP 76
 56 32 sc/jw/5.2
     

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