Text: HF00424 Text: HF00426 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.2, subsection 1, unnumbered 1 2 paragraph 1, Code 1997, is amended to read as follows: 1 3 All special elections which are authorized or required by 1 4 law, unless the applicable law otherwise requires, shall be 1 5 held on Tuesday. A special election shall not be held onthe1 6first and secondany of the four Tuesdays precedingandor 1 7 following the primary and the general elections. 1 8 Sec. 2. Section 43.100, unnumbered paragraph 2, Code 1997, 1 9 is amended to read as follows: 1 10 Every county central committee shall adopt a constitution 1 11 and bylaws which shall govern the committee's operation. A 1 12 copy of the constitution and bylaws so adopted shall be kept 1 13 on file at the office of the commissioner for the county in 1 14 which the central committee existsand at the office of the1 15state commissioner. Amendments to a county central 1 16 committee's constitution or bylaws shall upon adoption be 1 17 filed in the same manner as the original documents. 1 18 Sec. 3. Section 48A.27, subsection 4, paragraph c, 1 19 unnumbered paragraph 2, Code 1997, is amended to read as 1 20 follows: 1 21 The notice shall be sent by forwardable first class mail, 1 22 and shall include a postage paid preaddressed return card on 1 23 which the registered voter may state the registered voter's 1 24 current address. The notice shall contain a statement in 1 25 substantially the following form: "Information received from 1 26 the United States postal service indicates that you are no 1 27 longer a resident of, and therefore not eligible to vote in 1 28 (name of county) County, Iowa. If this information is not 1 29 correct, and you still live in (name of county) County, please 1 30 complete and mail the attached postage paid card at least ten 1 31 days before the primary or general election and at least 1 32 eleven days before any other election at which you wish to 1 33 vote. If the information is correct and you have moved, 1 34 please contact a local official in your new area for 1 35 assistance in registering there. If you do not mail in the 2 1 card, you may be required to show identificationproving your2 2residence in (name of county) Countybefore being allowed to 2 3 vote in (name of county) County. If you do not return the 2 4 card, and you do not vote in an election in (name of county) 2 5 County, Iowa, on or before (date of second general election 2 6 following the date of the notice) your name will be removed 2 7 from the list of voters in that county. To ensure you receive 2 8 this notice, it is being sent to both your most recent 2 9 registration address and to your new address as reported by 2 10 the postal service." 2 11 Sec. 4. Section 50.19, unnumbered paragraph 1, Code 1997, 2 12 is amended to read as follows: 2 13 The commissioner may destroy precinct election registers, 2 14 the declarations of eligibility signed by voters, and other 2 15 material pertaining to any election in which federal offices 2 16 are not on the ballot, except the tally lists, six months 2 17 after the election if a contest is not pending. Tally lists 2 18 may be destroyed two years after the election if they have 2 19 been copied on microfilm or if an electronic image has been 2 20 made so that a facsimile of the original document is 2 21 available. 2 22 PARAGRAPH DIVIDED. If a contest is pending all election 2 23 materials shall be preserved until final determination of the 2 24 contest. Before destroying the election registers and 2 25 declarations of eligibility, the commissioner shall prepare 2 26 records as necessary to permit compliance with chapter 48A, 2 27 subchapter V. Nomination papers for primary election 2 28 candidates for state and county offices shall be destroyed ten 2 29 days before the general election, if a contest is not pending. 2 30 Sec. 5. NEW SECTION. 50.50 ADMINISTRATIVE RECOUNTS. 2 31 The commissioner who was responsible for conducting an 2 32 election may request an administrative recount when the 2 33 commissioner suspects that voting equipment used in the 2 34 election malfunctioned or that programming errors may have 2 35 affected the outcome of the election. An administrative 3 1 recount shall be conducted by the board of the special 3 2 precinct established by section 53.23. Bond shall not be 3 3 required for an administrative recount. The state 3 4 commissioner may adopt rules for administrative recounts. 3 5 If the recount board finds that there is an error in the 3 6 programming of any voting equipment which may have affected 3 7 the outcome of the election for any office or public measure 3 8 on the ballot, the recount board shall describe the errors in 3 9 its report to the commissioner. The commissioner shall notify 3 10 the board of supervisors. The supervisors shall determine 3 11 whether to order an administrative recount for any or all of 3 12 the offices and public measures on the ballot. 3 13 Sec. 6. Section 53.2, unnumbered paragraphs 5 and 6, Code 3 14 1997, are amended to read as follows: 3 15 If an application for an absentee ballot is received from 3 16 an eligible elector who is not a registered voter the 3 17 commissioner shall send a registration form under section 3 18 48A.8 and an absentee ballot to the eligible elector. If the 3 19 application is received so late that it is unlikely that the 3 20 registration form can be returned in time to be effective on 3 21 election day, the commissioner shall enclose with the absentee 3 22 ballot a notice to that effect, informing the voter of the 3 23 registration time limits in section 48A.9. The commissioner 3 24 shall record on the elector's application that the elector is 3 25 not currently registered to vote. If the registration form is 3 26 properly returned by the time provided by section 48A.9, the 3 27 commissioner shall record on the elector's application the 3 28 date of receipt of the registration form and enter a notation 3 29 of the registration on the registration records. If the 3 30 application is received on or after the final day for 3 31 registration for the election for which the ballot is 3 32 requested, the commissioner shall provide the applicant with a 3 33 special ballot pursuant to section 53.31. 3 34 A registered voter who has not moved from the county in 3 35 which the elector is registered to vote may submit a change of 4 1 name, telephone number, or address on the form prescribed in 4 2 section 48A.8 whencastingrequesting an absentee ballot. 4 3Upon receipt of a properly completed formIf the signed 4 4 application for an absentee ballot indicates a residence 4 5 within the county which is different from the address at which 4 6 the applicant is registered to vote, the commissioner shall 4 7 enter a notation of the change on the registration records and 4 8 shall send to the applicant the appropriate absentee ballot 4 9 for the new address. The state commissioner shall adopt 4 10 administrative rules to implement this process. 4 11 Sec. 7. Section 53.13, Code 1997, is amended to read as 4 12 follows: 4 13 53.13 VOTER'S AFFIDAVIT ON ENVELOPE. 4 14 On the unsealed envelope shall be printed an affidavit form 4 15 prescribed by the state commissioner of elections. 4 16 Instructions on the envelope shall clearly state the reasons 4 17 for which the voter's ballot will be rejected. The 4 18 instructions shall also state that after the ballot has been 4 19 returned to the commissioner, the commissioner shall not 4 20 return the ballot to the voter to permit additions, 4 21 corrections, or any other changes on the ballot or the 4 22 affidavit. 4 23 Sec. 8. Section 53.16, Code 1997, is amended to read as 4 24 follows: 4 25 53.16 SUBSCRIBING TO AFFIDAVIT. 4 26 After marking the ballot, the voter shall make and 4 27 subscribe to the affidavit on the reverse side of the 4 28 envelope, and fold the ballot or ballots, separately, so as to 4 29 conceal the markings on them, and deposit them in the 4 30 envelope, and securely seal the envelope. If the ballot 4 31 cannot be folded to conceal all of the voting targets on the 4 32 ballot, the commissioner shall provide a secrecy envelope with 4 33 the ballot. 4 34 Sec. 9. Section 53.19, unnumbered paragraph 1, Code 1997, 4 35 is amended to read as follows: 5 1 The commissioner shall maintain a list of the absentee 5 2 ballots provided to registered voters, the serial number 5 3 appearing on the unsealed envelope, the date the application 5 4 for the absentee ballot was received, and the date the 5 5 absentee ballot was sent to the registered voter requesting 5 6 the absentee ballot. The list shall be made available to the 5 7 public at reasonable times. The commissioner may charge a fee 5 8 for making copies of the list. 5 9 Sec. 10. Section 53.23, subsection 1, Code 1997, is 5 10 amended to read as follows: 5 11 1. The election board of the absentee ballot and special 5 12 voters precinct shall be appointed by the commissioner in the 5 13 manner prescribed by sections 49.12 and 49.13, except that the 5 14 number of precinct election officials appointed to the board 5 15 shall be sufficient to complete the counting of absentee 5 16 ballots by ten p.m. on election day. The commissioner and the 5 17 commissioner's staff shall provide assistance to the special 5 18 precinct election board, but shall not serve as members of the 5 19 board. 5 20 Sec. 11. Section 53.38, Code 1997, is amended by adding 5 21 the following new unnumbered paragraph: 5 22 NEW UNNUMBERED PARAGRAPH. If the voter submits a federal 5 23 postcard application form to request an absentee ballot, the 5 24 commissioner shall register the voter to vote if sufficient 5 25 information has been provided. 5 26 Sec. 12. Section 57.1, subsection 2, paragraph g, Code 5 27 1997, is amended to read as follows: 5 28 g. Any other cause or allegation which, if sustained, 5 29 would show that a person other than the incumbent was the 5 30 person duly elected to the office in question, or would show 5 31 the outcome of the election on the public measure in question 5 32 was contrary to the result declared by the board of canvassers 5 33 or that the measure or office should not have been voted upon 5 34 at the election. 5 35 Sec. 13. Section 69.12, subsection 1, paragraph a, 6 1 subparagraph (1), Code 1997, is amended to read as follows: 6 2 (1) Seventy-four or more days prior to the election, if it 6 3 is a generalor primaryelection. 6 4 Sec. 14. Section 69.12, subsection 1, paragraph b, 6 5 subparagraph (1), Code 1997, is amended to read as follows: 6 6 (1) The final filing date for candidates filing with the 6 7 state commissioner or commissioner, as the case may be, for a 6 8 generalor primaryelection. 6 9 Sec. 15. Section 256.64, Code 1997, is amended to read as 6 10 follows: 6 11 256.64 TERMS. 6 12 Regional library trustees shall take office on the first 6 13 day of January following the general election and shall serve 6 14 terms of four years. A vacancy shall be filled when it occurs 6 15not less than ninety days before the next general electionby 6 16 appointment by the regional board for the unexpired term. No 6 17 trustee shall serve on a local library board or be employed by 6 18 a library during the trustee's term of office as a regional 6 19 library trustee. 6 20 Sec. 16. Section 347.11, Code 1997, is amended to read as 6 21 follows: 6 22 347.11 ORGANIZATION – MEETINGS – QUORUM. 6 23 Said trustees shall, within ten days after their6 24appointment or election,qualify by taking the usual oath of 6 25 office as provided in chapter 63, but no bond shall be 6 26 required of them, except as hereafter provided, and organize 6 27 by the election of one of their number as chairperson and one 6 28 as secretary, and one as treasurer. The secretary and 6 29 treasurer shall each file with the chairperson of the board a 6 30 surety bond in such penal sum as the board of trustees may 6 31 require and with sureties to be approved by the board for the 6 32 use and benefit of the county public hospital. The reasonable 6 33 cost of such bonds shall be paid from operating funds of the 6 34 hospital. The secretary shall report to the county auditor 6 35 and treasurer the names of the chairperson, secretary and 7 1 treasurer of the board of hospital trustees as soon as 7 2 practicable after the qualification of each. Said board shall 7 3 meet at least once each month. Four members of said board 7 4 shall constitute a quorum for the transaction of business. 7 5 The secretary shall keep a complete record of its proceedings. 7 6 EXPLANATION 7 7 This bill makes changes to Iowa's election laws and voter 7 8 registration. 7 9 Code section 39.2 is amended to extend from two weeks 7 10 before or after the general election to four weeks before or 7 11 after the general election the period of time during which no 7 12 election can be held. 7 13 Code section 43.100 is amended to strike the requirement 7 14 that a copy of the constitution of a county central committee 7 15 of a political party be filed with the state commissioner of 7 16 elections. Copies will still be required to be filed with the 7 17 county commissioner of elections. 7 18 Code section 48A.27 is amended to strike the requirement 7 19 that the identification shown by a voter whose registration is 7 20 challenged at the polls must also prove the voter's current 7 21 residence. 7 22 Code section 50.19 is amended to provide that the county 7 23 commissioner of elections is not required to retain a copy of 7 24 the election tally list for more than two years if the county 7 25 has developed another method of storing and retaining 7 26 precinct-by-precinct records. 7 27 New section 50.50 is created to allow the county 7 28 commissioner of elections to request, in writing, an 7 29 administrative recount when the commissioner suspects there 7 30 may be a problem with the equipment that may affect the 7 31 outcome of the election. The commissioner is required to 7 32 notify the board of canvassers if the recount demonstrates 7 33 that the results of the election are different. 7 34 Code section 50.50 also requires the recount board to 7 35 report to the county commissioner of elections any programming 8 1 errors which may affect the outcome of an election for any 8 2 offices or public measures on the ballot. The board of 8 3 supervisors of the county may order an administrative recount 8 4 for the offices or public measures. The bill provides that an 8 5 administrative recount shall be conducted by the board of the 8 6 absentee ballot and special voters precinct. 8 7 Code section 53.2 is amended to require that challenged 8 8 ballots be sent to persons requesting an absentee ballot if 8 9 they are not registered to vote and the deadline for 8 10 registering to vote has passed. The section is also amended 8 11 to provide that a change of address within the same county on 8 12 absentee ballot applications be considered a change of address 8 13 for voter registration purposes. 8 14 Code section 53.13 is amended to require that an absentee 8 15 ballot include information that the ballot will not be counted 8 16 if it is not signed and that the votes on the ballot cannot be 8 17 changed once the ballot is received in the commissioner's 8 18 office. 8 19 Code section 53.16 is amended to require that a secrecy 8 20 envelope be used for absentee ballots if the ballot cannot be 8 21 folded to conceal all votes. 8 22 Code section 53.19 is amended to require the commissioner 8 23 of elections to make the absentee voter log available for 8 24 public inspection at reasonable times and allows the 8 25 commissioner to charge for copies of the log. 8 26 Code section 53.23 is amended to require the commissioner 8 27 and staff to provide assistance to the special precinct 8 28 election board, but prohibits them from serving as members on 8 29 the board. 8 30 Code section 53.38 provides that the federal postcard 8 31 application for an absentee ballot may constitute a voter 8 32 registration and the voter is registered when the ballot is 8 33 counted if sufficient information is provided on the postcard. 8 34 Code section 57.1 is amended to provide that a public 8 35 measure or office on the ballot may be challenged on the basis 9 1 that state law does not provide for placement of the measure 9 2 or the office on the ballot. 9 3 Code section 69.12 is amended to remove the primary 9 4 election from the elections at which vacancies in office are 9 5 filled. 9 6 Code section 256.64 is amended to provide that a vacancy in 9 7 the office of regional library trustee shall be filled by 9 8 appointment regardless of when the vacancy occurs. 9 9 Code section 347.11 is amended to provide that the term of 9 10 office of a hospital trustee begins on January 1. Presently, 9 11 the terms of all other elected offices begin on January 1. 9 12 LSB 2263HH 77 9 13 sc/jw/5
Text: HF00424 Text: HF00426 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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