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PAG LIN 1 1 HOUSE FILE 636 1 2 1 3 AN ACT 1 4 RELATING TO THE OFFICE OF SECRETARY OF STATE AND THE CONDUCT 1 5 OF ELECTIONS AND VOTER REGISTRATION IN THE STATE AND 1 6 RELATING TO CORRECTIVE AND TECHNICAL CHANGES TO IOWA'S 1 7 ELECTION LAWS, AND PROVIDING AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. NEW SECTION. 39.1A ELECTIONS AUTHORIZED. 1 12 Only those public measures which are specifically 1 13 authorized or required by state law to be put before the 1 14 voters as a public measure shall be submitted to the voters at 1 15 an official election. Only those offices which are 1 16 specifically authorized or required by state law to be filled 1 17 by the voters at an election shall be placed on the ballot at 1 18 an official election. 1 19 This section does not prohibit the governing body of a city 1 20 or county from adopting an ordinance providing for elections 1 21 on matters under the jurisdiction of the governing body. 1 22 Sec. 2. Section 43.6, subsection 1, Code 1997, is amended 1 23 to read as follows: 1 24 1. When a vacancy occurs in the office of senator in the 1 25 Congress of the United States,lieutenant governor,secretary 1 26 of state, auditor of state, treasurer of state, secretary of 1 27 agriculture, or attorney general and section 69.13 requires 1 28 that the vacancy be filled for the balance of the unexpired 1 29 term at a general election, candidates for the office shall be 1 30 nominated in the preceding primary election if the vacancy 1 31 occurs eighty-nine or more days before the date of that 1 32 primary election. If the vacancy occurs less than one hundred 1 33 four days before the date of that primary election, the state 1 34 commissioner shall accept nomination papers for that office 1 35 only until five o'clock p.m. on the seventy-fourth day before 2 1 the primary election, the provisions of section 43.11 2 2 notwithstanding. If the vacancy occurs later than eighty-nine 2 3 days before the date of that primary election, but not less 2 4 than eighty-nine days before the date of the general election, 2 5 the nominations shall be made in the manner prescribed by this 2 6 chapter for filling vacancies in nominations for offices to be 2 7 voted for at the general election. 2 8 Sec. 3. Section 43.73, unnumbered paragraph 1, Code 1997, 2 9 is amended to read as follows: 2 10 Not less than sixty-nine days before the general election 2 11 the state commissioner shall certify to each commissioner, 2 12 under separate party headings, the name of each person 2 13 nominated as shown by the official canvass made by the 2 14 executive council, or as certified to the state commissioner 2 15 by the proper persons when any person has been nominated by a 2 16 convention or by a party committee, or by petition, the office 2 17 to which the person is nominated, and the order in whichthe2 18tickets of the several political partiesfederal and state 2 19 offices, judges, constitutional amendments, and state public 2 20 measures shall appear on the official ballot. 2 21 Sec. 4. Section 43.79, Code 1997, is amended to read as 2 22 follows: 2 23 43.79 DEATH OF CANDIDATE AFTER TIME FOR WITHDRAWAL. 2 24 The death of a candidate nominated as provided by law for 2 25 any office to be filled at a general election, during the 2 26 period beginning on the eighty-eighth day before the general 2 27 election, in the case of any candidate whose nomination papers 2 28 were filed with the state commissioner, or beginning on the 2 29 seventy-third day before the general election, in the case of 2 30 any candidate whose nomination papers were filed with the 2 31 commissioner, and ending on the last day before the general 2 32 election shall not operate to remove the deceased candidate's 2 33 name from the general election ballot. If the deceased 2 34 candidate was seeking the office of senator or representative 2 35 in the Congress of the United States, governor,lieutenant3 1governor,attorney general, senator or representative in the 3 2 general assembly or county supervisor, section 49.58 shall 3 3 control. If the deceased candidate was seeking any other 3 4 office, and as a result of the candidate's death a vacancy is 3 5 subsequently found to exist, the vacancy shall be filled as 3 6 provided by chapter 69. 3 7 Sec. 5. Section 43.88, unnumbered paragraph 2, Code 1997, 3 8 is amended to read as follows: 3 9 Nominations made to fill vacancies at a special election 3 10 shall be certified to the proper official not less thantwenty3 11 twenty-five days prior to the date set for the special 3 12 election. In the event the special election is to fill a 3 13 vacancy in the general assembly while it is in session or 3 14 within forty-five days of the convening of any session, the 3 15 nomination shall be certified not less than fourteen days 3 16 before the date of the special election. 3 17 Sec. 6. Section 43.116, Code 1997, is amended by adding 3 18 the following new subsection: 3 19 NEW SUBSECTION. 3. If a special election is held to fill 3 20 a vacancy in an elective city office, nominations by political 3 21 parties shall be made following the provisions of subsection 3 22 2. 3 23 Sec. 7. Section 44.4, unnumbered paragraph 1, Code 1997, 3 24 is amended to read as follows: 3 25 Nominations made pursuant to this chapter and chapter 45 3 26 which are required to be filed in the office of the state 3 27 commissioner shall be filed in that office not more than 3 28 ninety-nine days nor later than five p.m. on the eighty-first 3 29 day before the date of the general election to be held in 3 30 November. Nominations made for a special election called 3 31 pursuant to section 69.14 shall be filed by five p.m. not less 3 32 thantwentytwenty-five days before the date of an election 3 33 called upon at least forty days' notice and not less than 3 34 fourteen days before the date of an election called upon at 3 35 least eighteen days' notice. Nominations made for a special 4 1 election called pursuant to section 69.14A shall be filed by 4 2 five p.m. not less than twenty days before the date of the 4 3 election. Nominations made pursuant to this chapter and 4 4 chapter 45 which are required to be filed in the office of the 4 5 commissioner shall be filed in that office not more than 4 6 ninety-two days nor later than five p.m. on the sixty-ninth 4 7 day before the date of the general election. Nominations made 4 8 pursuant to this chapter or chapter 45 for city office shall 4 9 be filed not more than seventy-two days nor later than five 4 10 p.m. on the forty-seventh day before the city election with 4 11 the city clerk, who shall process them as provided by law. 4 12 Sec. 8. Section 44.11, Code 1997, is amended to read as 4 13 follows: 4 14 44.11 VACANCIES FILLED. 4 15 If a candidate named under this chapter withdraws before 4 16 the deadline established in section 44.9, declines a 4 17 nomination, or dies before election day, or if a certificate 4 18 of nomination is held insufficient or inoperative by the 4 19 officer with whom it is required to be filed, or in case any 4 20 objection made to a certificate of nomination, or to the 4 21 eligibility of any candidate named in the certificate, is 4 22 sustained by the board appointed to determine such questions, 4 23 the vacancy or vacancies may be filled by the convention, or 4 24 caucus, or in such manner as such convention or caucus has 4 25 previously provided. The vacancy or vacancies shall be filled 4 26 not less than seventy-four days before the election in the 4 27 case of nominations required to be filed with the state 4 28 commissioner, not less than sixty-four days before the 4 29 election in the case of nominations required to be filed with 4 30 the commissioner, not less than thirty-five days before the 4 31 election in the case of nominations required to be filed in 4 32 the office of the school board secretary, and not less than 4 33 forty-two days before the election in the case of nominations 4 34 required to be filed with the city clerk. 4 35 Sec. 9. NEW SECTION. 44.17 NONPARTY POLITICAL 5 1 ORGANIZATIONS NOMINATIONS BY PETITION. 5 2 In lieu of holding a caucus or convention, a nonparty 5 3 political organization may nominate by petition pursuant to 5 4 chapter 45 not more than one candidate for any partisan office 5 5 to be filled at the general election. 5 6 The nonparty political organization may also file with the 5 7 appropriate commissioner a list of the names and addresses of 5 8 the organization's central committee members, and the 5 9 chairperson and secretary of the organization. The 5 10 organization may also place on file a description of the 5 11 method that the organization will follow to fill any vacancies 5 12 resulting from the death, withdrawal, or disqualification of 5 13 any of its candidates that were nominated by petition. If 5 14 this information is filed before the close of the filing 5 15 period for the general election, substitutions may be made 5 16 pursuant to section 44.11. 5 17 Sec. 10. NEW SECTION. 47.4 ELECTION FILING DEADLINES. 5 18 If the deadline for a filing pertaining to an election 5 19 falls on a day that the state or county commissioner's office 5 20 is closed for business, the deadline shall be extended to the 5 21 next day that the office of state commissioner or county 5 22 commissioner is open for business to receive the filing. This 5 23 section does not apply to the deadline for voter registration 5 24 under section 48A.9, subsection 2. 5 25 Sec. 11. Section 47.5, subsection 1, Code 1997, is amended 5 26 to read as follows: 5 27 1.TheExcept for legal services and printing of ballots, 5 28 the commissioner shall take bids for goods and services which 5 29 are needed in connection with registration of voters or 5 30 preparation for or administration of elections and which will 5 31 be performed or provided by persons who are not employees of 5 32 the commissioner under the following circumstances: 5 33 a. In any case where it is proposed to purchase data 5 34 processing services. The commissioner shall give the 5 35 registrar written notice in advance on each occasion when it 6 1 is proposed to have data processing services, necessary in 6 2 connection with the administration of elections, performed by 6 3 any person other than the registrar or an employee of the 6 4 county. Such notice shall be made at least thirty days prior 6 5 to publication of the specifications. 6 6 b. In all other cases, where the cost of the goods or 6 7 services to be purchased will exceed one thousand dollars. 6 8c. Bids shall not be required for legal services or the6 9printing of ballots.6 10 Sec. 12. Section 47.5, subsection 2, Code 1997, is amended 6 11 to read as follows: 6 12 2. When it is proposed to purchase any goods or services, 6 13 other than data processing services, in connection with 6 14 administration of elections, the commissioner shall publish 6 15 notice to bidders, including specifications regarding the 6 16 goods or services to be purchased or a description of the 6 17 nature and object of the services to be retained, in a 6 18 newspaper of general circulation in the county not less than 6 19 fifteen days before the final date for submission of bids. 6 20The commissioner shall also file a copy of the bid6 21specifications in the office of the state commissioner for a6 22period of not less than twenty days prior to such final date.6 23 When competitive bidding procedures are used, the purchase of 6 24 goods or services shall be made from the lowest responsible 6 25 bidder which meets the specifications or description of the 6 26 services needed or the commissioner may reject all bids and 6 27 readvertise. In determining the lowest responsible bidder, 6 28 various factors may be considered, including but not limited 6 29 to the past performance of the bidder relative to quality of 6 30 product or service, the past experience of the purchaser in 6 31 relation to the product or service, the relative quality of 6 32 products or services, the proposed terms of delivery and the 6 33 best interest of the county. 6 34 Sec. 13. Section 47.6, subsection 1, unnumbered paragraph 6 35 2, Code 1997, is amended to read as follows: 7 1 If the proposed date of the special election coincides with 7 2 the date of a regularly scheduled election or previously 7 3 scheduled special election, the notice shall be given no later 7 4 than five p.m. on the last day on which nomination papers may 7 5 be filed with the commissioner for the regularly scheduled 7 6 election or previously scheduled special election, but in no 7 7 case shall notice be less than thirty-two days before the 7 8 election. Otherwise, the notice shall be given at least 7 9 thirty-two days in advance of the date of the proposed special 7 10 election. Upon receiving the notice, the commissioner shall 7 11 promptly give written approval of the proposed date unless it 7 12 appears that the special election, if held on that date, would 7 13 conflict with a regular election or with another special 7 14 election previously scheduled for that date. 7 15 Sec. 14. Section 48A.22, Code 1997, is amended to read as 7 16 follows: 7 17 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS. 7 18 The secretary of state shall encourage volunteer 7 19 organizations to undertake voter registration drives by 7 20 providingat the cost of production. 7 21 Sec. 15. Section 48A.26, subsection 1, Code 1997, is 7 22 amended to read as follows: 7 23 1. Within seven working days of receipt of a voter 7 24 registration form or change of information in a voter 7 25 registration record the commissioner shall send an 7 26 acknowledgment to the registrant at the mailing address shown 7 27 on the registration form. The acknowledgment shall be sent by 7 28first classnonforwardable mail. 7 29 Sec. 16. Section 48A.27, subsection 4, paragraph b, Code 7 30 1997, is amended to read as follows: 7 31 b. If the information provided by the vendor indicates 7 32 that a registered voter has moved to another address within 7 33 the county, the commissioner shall change the registration 7 34 records to show the new residence address, and shall also mail 7 35 a notice of that action to both the former and new addresses. 8 1 The notice shall be sent by forwardablefirst classmail, and 8 2 shall include a postage prepaid preaddressed return form by 8 3 which the registered voter may verify or correct the address 8 4 information. 8 5 Sec. 17. Section 48A.27, subsection 4, paragraph c, 8 6 unnumbered paragraph 2, Code 1997, is amended to read as 8 7 follows: 8 8 The notice shall be sent by forwardablefirst classmail, 8 9 and shall include a postage paid preaddressed return card on 8 10 which the registered voter may state the registered voter's 8 11 current address. The notice shall contain a statement in 8 12 substantially the following form: "Information received from 8 13 the United States postal service indicates that you are no 8 14 longer a resident of, and therefore not eligible to vote in 8 15 (name of county) County, Iowa. If this information is not 8 16 correct, and you still live in (name of county) County, please 8 17 complete and mail the attached postage paid card at least ten 8 18 days before the primary or general election and at least 8 19 eleven days before any other election at which you wish to 8 20 vote. If the information is correct and you have moved, 8 21 please contact a local official in your new area for 8 22 assistance in registering there. If you do not mail in the 8 23 card, you may be required to show identification proving your 8 24 residence in (name of county) County before being allowed to 8 25 vote in (name of county) County. If you do not return the 8 26 card, and you do not vote in an election in (name of county) 8 27 County, Iowa, on or before (date of second general election 8 28 following the date of the notice) your name will be removed 8 29 from the list of voters in that county. To ensure you receive 8 30 this notice, it is being sent to both your most recent 8 31 registration address and to your new address as reported by 8 32 the postal service." 8 33 Sec. 18. Section 48A.27, subsection 4, paragraph d, Code 8 34 1997, is amended to read as follows: 8 35 d. If the information provided by the vendor indicates the 9 1 registered voter has moved to another county within the state, 9 2 the notice required by paragraph "c" shall include a statement 9 3 that registration in the county of the person's current 9 4 residence is required, and shall provide a mail registration9 5form for the person to use. 9 6 Sec. 19. Section 48A.28, subsection 2, unnumbered 9 7 paragraph 2, Code 1997, is amended to read as follows: 9 8 A commissioner participating in the national change of 9 9 address program, in the first quarter of each calendar year, 9 10 shall send a notice and preaddressed, postage paid return card 9 11 byfirst classforwardable mail to each registered voter whose 9 12 name was not reported by the national change of address 9 13 program and who has not voted, registered again, or reported a 9 14 change to an existing registration during the preceding four 9 15 calendar years. The form and language of the notice and 9 16 return card shall be specified by the state voter registration 9 17 commission by rule. A registered voter shall not be sent a 9 18 notice and return card under this subsection more frequently 9 19 than once in a four-year period. 9 20 Sec. 20. Section 48A.28, subsection 3, unnumbered 9 21 paragraph 1, Code 1997, is amended to read as follows: 9 22 For a commissioner who is not participating in the national 9 23 change of address program, in February of each year the 9 24 commissioner shall mail a confirmation notice to each 9 25 registered voter in the county. The notice shall be sent by 9 26first classforwardable mail. The notice shall include a 9 27 preaddressed, postage paid return card for the use of the 9 28 registered voter or the recipient of the notice. The card 9 29 shall contain boxes for the recipient to check to indicate one 9 30 of the following: 9 31 Sec. 21. Section 48A.29, subsection 1, unnumbered 9 32 paragraph 2, Code 1997, is amended to read as follows: 9 33 The notice shall be sent by forwardablefirst classmail, 9 34 and shall include a postage paid preaddressed return card on 9 35 which the registered voter may state the registered voter's 10 1 current address. The notice shall contain a statement in 10 2 substantially the following form: "Information received from 10 3 the United States postal service indicates that you are no 10 4 longer a resident of (residence address) in (name of county) 10 5 County, Iowa. If this information is not correct, and you 10 6 still live in (name of county) County, please complete and 10 7 mail the attached postage paid card at least ten days before 10 8 the primary or general election and at least eleven days 10 9 before any other election at which you wish to vote. If the 10 10 information is correct, and you have moved, please contact a 10 11 local official in your new area for assistance in registering 10 12 there. If you do not mail in the card, you may be required to 10 13 show identification proving your residence in (name of county) 10 14 County before being allowed to vote in (name of county) 10 15 County. If you do not return the card, and you do not vote in 10 16 some election in (name of county) County, Iowa, on or before 10 17 (date of second general election following the date of the 10 18 notice) your name will be removed from the list of voters in 10 19 that county." 10 20 Sec. 22. Section 48A.29, subsection 3, unnumbered 10 21 paragraph 2, Code 1997, is amended to read as follows: 10 22 The notice shall be sent by forwardablefirst classmail, 10 23 and shall include a postage paid preaddressed return card on 10 24 which the registered voter may state the registered voter's 10 25 current address. The notice shall contain a statement in 10 26 substantially the following form: "Information received by 10 27 this office indicates that you are no longer a resident of 10 28 (residence address) in (name of county) County, Iowa. If the 10 29 information is not correct, and you still live at that 10 30 address, please complete and mail the attached postage paid 10 31 card at least ten days before the primary or general election 10 32 and at least eleven days before any other election at which 10 33 you wish to vote. If the information is correct, and you have 10 34 moved within the county, you may update your registration by 10 35 listing your new address on the card and mailing it back. If 11 1 you have moved outside the county, please contact a local 11 2 official in your new area for assistance in registering there. 11 3 If you do not mail in the card, you may be required to show 11 4 identification proving your residence in (name of county) 11 5 County before being allowed to vote in (name of county) 11 6 County. If you do not return the card, and you do not vote in 11 7 some election in (name of county) County, Iowa, on or before 11 8 (date of second general election following the date of the 11 9 notice) your name will be removed from the list of registered 11 10 voters in that county." 11 11 Sec. 23. Section 49.13, subsection 4, Code 1997, is 11 12 amended to read as follows: 11 13 4. The commissioner shall designate one member of each 11 14 precinct election board as chairperson of that board, and also11 15of the. If a counting board authorized by chapter 51if one11 16 is appointed,withthe chairperson shall have authority over 11 17 the mechanics of the work of both boards. At the discretion 11 18 of the commissioner, two people who are members of different 11 19 political parties may be appointed as co-chairpersons. The 11 20 co-chairpersons shall have joint authority over the work of 11 21 the precinct election board. 11 22 Sec. 24. Section 49.16, Code 1997, is amended by adding 11 23 the following new subsection: 11 24 NEW SUBSECTION. 5. A person shall not serve on the 11 25 precinct election board as a representative of a political 11 26 party if the person has changed political party affiliation 11 27 from that of the political party which selected the person to 11 28 serve as a precinct election official. If a precinct election 11 29 official records a change of political party, the official's 11 30 name shall be removed from the list of precinct election 11 31 officials for that political party. The chairperson of the 11 32 political party shall be notified of the vacancy and may 11 33 designate a replacement. If the chairperson of another 11 34 political party later designates the person as a precinct 11 35 election official, the person may serve, if qualified. 12 1 Sec. 25. Section 49.20, Code 1997, is amended to read as 12 2 follows: 12 3 49.20 COMPENSATION OF MEMBERS. 12 4 The members of election boards shall be deemed temporary 12 5 state employees who are compensated by the county in which 12 6 they serve, and shall receive compensation at a rate 12 7 established by the board of supervisors, which shall be not 12 8 less than three dollars and fifty cents per hour, while 12 9 engaged in the discharge of their duties and shall be 12 10 reimbursed for actual and necessary travel expense at a rate 12 11 determined by the board of supervisors, except that persons 12 12 who have advised the commissioner prior to their appointment 12 13 to the election board that they are willing to serve without 12 14 pay at elections conducted for any school district or a city 12 15 of three thousand five hundred or less population, shall 12 16 receive no compensation for service at those elections. 12 17 Compensation shall be paid to members of election boards only 12 18 after the vote has been canvassed and it has been determined 12 19 in the course of the canvass that the election record 12 20 certificate has been properly executed by the election board. 12 21 Sec. 26. Section 49.25, subsection 3, Code 1997, is 12 22 amended to read as follows: 12 23 3. The commissioner shall furnish to each precinct where 12 24 voting is to be by paper ballot, special paper ballot, or 12 25 ballot card, rather than by voting machine, the necessary 12 26 ballot boxes, suitably equipped with seals or locks and keys, 12 27 and voting booths. The voting booths shall be approved by the 12 28 board of examiners for voting machines and electronic voting 12 29 systems and shall provide for voting in secrecy. At least one 12 30 voting booth in each precinct shall be accessible to persons 12 31 with disabilities. If the lighting in the polling place is 12 32 inadequate, the voting booths used in that precinct shall 12 33 include lights. Ballot boxes shall be locked or sealed before 12 34 the polls open and shall remain locked or sealed until the 12 35 polls are closed, except as provided in sections 51.7 and 13 1 52.40, or to provide necessary service to a malfunctioning 13 2 portable vote tallying device. If a ballot box is opened 13 3 prior to the closing of the polls, two precinct election 13 4 officials not of the same party shall be present and observe 13 5 the ballot box being opened. 13 6 Sec. 27. Section 49.25, Code 1997, is amended by adding 13 7 the following new subsection: 13 8 NEW SUBSECTION. 4. Secrecy folders or sleeves shall be 13 9 provided for use at any precinct where ballots are used which 13 10 cannot be folded to obscure the marks made by the voters. 13 11 Sec. 28. Section 49.26, Code 1997, is amended to read as 13 12 follows: 13 13 49.26 COMMISSIONER TO DECIDE METHOD OF VOTING. 13 14 1. In all elections regulated by this chapter, the voting 13 15 shall be by ballots printed and distributed as provided by 13 16 law, or by voting machines meeting the requirements of chapter 13 17 52. 13 18 2. When voting machines are available for an election 13 19 precinct, the commissioner shall determine in advance of each 13 20 election conducted for a city of three thousand five hundred 13 21 or less population or any school district in which voting 13 22 occurs in that precinct whether voting there shall be by 13 23 machine or paper ballot. If the commissioner concludes, on 13 24 the basis of voter turnout for recent similar elections and 13 25 factors considered likely to affect voter turnout for the 13 26 forthcoming election, that voting will probably be so light as 13 27 to make preparation and use of paper ballots less expensive 13 28 than preparation and use of a voting machine, paper ballots 13 29 shall be used. 13 30 3. In counties in which automatic tabulating equipment is 13 31 available, the commissioner shall determine in advance of each 13 32 election whether the ballots will be counted by the automatic 13 33 tabulating equipment or by the precinct election officials. 13 34 The commissioner may use ballots and instructions similar to 13 35 those used when the ballots are counted by automatic 14 1 tabulating equipment. 14 2 Sec. 29. Section 49.30, Code 1997, is amended to read as 14 3 follows: 14 4 49.30 ALL CANDIDATES ON ONE BALLOT EXCEPTIONS. 14 5 The names of all candidates, constitutional amendments, and 14 6 public measures to be voted for in each election precinct, 14 7 other than presidential electors, shall be printed on one 14 8 ballot, except that separate ballots are authorized under the 14 9 following circumstances: 14 101. For judicial elections, separate ballots or headings14 11shall be used as required by section 46.22.14 12 1. Where special paper ballots are used, if it is not 14 13 possible to include all offices and public measures on a 14 14 single ballot, separate ballots may be provided for 14 15 nonpartisan offices, judges, or public measures. 14 16 2. At an election where voting machines are used,and it14 17 the following exceptions apply: 14 18 a. If it is impossible to place the names of all 14 19 candidates on the machine ballot, the commissioner may provide 14 20 a separate paper ballot for the candidates for judge of the 14 21 district court,andthe township offices,or either; oneand 14 22 the nonpartisan offices listed in section 39.21. One of the 14 23 paper ballots shall be furnished to each registered voter. 14 24 b. When a precinct has one or more offices or questions on 14 25 the ballot in any election that may not be legally voted upon 14 26 by all registered voters of the precinct, the commissioner 14 27 shall use lockout devices operated by the precinct election 14 28 officials to restrict each voter to the appropriate parts of 14 29 the ballot. However, if the voting machine does not have a 14 30 lockout device, the commissioner may use one or more separate 14 31 voting machines for each group of voters in the precinct. If 14 32 neither of the foregoing procedures is feasible, the 14 33 commissioner shall prepare separate ballots for the candidates 14 34 or questions which may not be legally voted upon by all 14 35 registered voters of the precinct, and shall furnish a 15 1 separate ballot box into which only those ballots shall be 15 2 deposited. 15 3 3.SeparateWhere paper ballots are used, separate paper 15 4 ballotsmayshall be usedfor: 15 5 a. For the election of township officers in precincts 15 6 including both incorporated and unincorporated areas or more 15 7 than one township. 15 8 b. For public measures. 15 9 c. For judges. 15 10 Sec. 30. Section 49.31, subsection 1, Code 1997, is 15 11 amended by striking the subsection and inserting in lieu 15 12 thereof the following: 15 13 1. All ballots shall be arranged with the names of 15 14 candidates for each office listed below the office title. For 15 15 partisan elections the name of the political party or 15 16 organization which nominated each candidate shall be listed 15 17 after or below each candidate's name. 15 18 The commissioner shall determine the order of political 15 19 parties and nonparty political organizations on the ballot. 15 20 The sequence shall be the same for each office on the ballot 15 21 and for each precinct in the county voting in the election. 15 22 Sec. 31. Section 49.31, subsection 4, Code 1997, is 15 23 amended to read as follows: 15 24 4.If electors in any precinct are entitled to vote for15 25more than one nominee or candidate for a particular office,15 26theThe heading forthateach office on theprecinctballot 15 27 shall be immediately followed by a notationofstating, "Vote 15 28 for no more than ____", and indicating the maximum number of 15 29 nominees or candidates for that office for whom each elector 15 30 may vote.Provision shall be made on the ballot to allow the15 31elector to write in the name of any person for whom the15 32elector desires to vote for any office or nomination on the15 33ballot.15 34 Sec. 32. Section 49.31, Code 1997, is amended by adding 15 35 the following new subsection: 16 1 NEW SUBSECTION. 4A. At the end of the list of candidates 16 2 for each office listed on the ballot one or more blank lines 16 3 and voting positions shall be printed to allow the elector to 16 4 write in the name of any person for whom the elector desires 16 5 to vote for any office or nomination on the ballot. The 16 6 number of write-in lines shall equal the number of votes that 16 7 can be cast for that office. 16 8 Sec. 33. Section 49.33, Code 1997, is amended to read as 16 9 follows: 16 10 49.33 SINGLESQUAREVOTING TARGET FOR CERTAIN PAIRED 16 11 OFFICES. 16 12Upon the left-hand margin of each separate column of the16 13ballot, immediatelyImmediately opposite the names oftheeach 16 14 pair of candidates for president and vice president, a single 16 15square, the sides of which shall not be less than one-fourth16 16of an inch in length,voting target shall be printedin front16 17ofnext to the bracket enclosing the names of the candidates 16 18 for president and vice president, and a separate square of the16 19same size. A single voting target shall be printedin front16 20ofnext to the bracket enclosing the names of the candidates 16 21 for governor and lieutenant governor. The votes for a team of 16 22 candidates shall be counted and certifiedtoby the election 16 23 board as a team. Write-in votesmayshall also be tabulated 16 24for each office separatelyas a single vote for a pair of 16 25 candidates. 16 26 Sec. 34. Section 49.35, Code 1997, is amended to read as 16 27 follows: 16 28 49.35 ORDER OF ARRANGING TICKETS ON LEVER VOTING MACHINE 16 29 BALLOT. 16 30 Each list of candidates nominated by a political party or a 16 31 group of petitioners shall be termed a ticket.EachWhere 16 32 lever voting machines are used, each ticket shall be placed in 16 33 a separate vertical column or horizontal row on the ballot, in 16 34 the order determined pursuant to section 49.37 by the 16 35 authorities charged with the printing of the ballots. 17 1 However, if a total of more than seven tickets are to be 17 2 placed on the ballot the state commissioner may authorize a 17 3 method of placement in which the groups of petitioners are not 17 4 all placed in separate individual columns or rows. 17 5 Sec. 35. Section 49.37, subsection 1, Code 1997, is 17 6 amended by striking the subsection and inserting in lieu 17 7 thereof the following: 17 8 1. For general elections, and for other elections in which 17 9 more than one partisan office will be filled, the first 17 10 section of the ballot shall be for straight party voting. 17 11 Each political party or organization which has nominated 17 12 candidates for more than one office shall be listed. 17 13 Instructions to the voter for straight party or organization 17 14 voting shall be in substantially the following form: "To vote 17 15 for all candidates from a single party or organization, mark 17 16 the voting target next to the party or organization name. Not 17 17 all parties or organizations have nominated candidates for all 17 18 offices. Marking a straight party or organization vote does 17 19 not include votes for nonpartisan offices, judges, or 17 20 questions." Political parties and nonparty political 17 21 organizations which have nominated candidates for only one 17 22 office shall be listed below the other political organizations 17 23 under the heading "Other Political Organizations. The 17 24 following organizations have nominated candidates for only one 17 25 office:". 17 26 Offices shall be arranged in groups. Partisan offices, 17 27 nonpartisan offices, judges, and public measures shall be 17 28 separated by a distinct line appearing on the ballot. 17 29 Sec. 36. Section 49.37, subsections 2 and 3, Code 1997, 17 30 are amended to read as follows: 17 31 2. The commissioner shall arrange the ballot in conformity 17 32 with the certificate issued by the state commissioner under 17 33 section 43.73, in that the names of the respective candidates 17 34onfor each political partyticketshall appear in the order 17 35 they appeared on the certificate, above or to the left of the 18 1 nonparty political organizationticketscandidates. 18 2 3. The commissioner shall arrange the partisan county 18 3 offices on the ballot with the board of supervisors first, 18 4 followed by the other county offices and township offices in 18 5 the same sequence in which they appear in sections 39.17 and 18 6 39.22. Nonpartisan offices shall be listedbelow or to the18 7right ofafter partisan offices. 18 8 Sec. 37. NEW SECTION. 49.42A FORM OF OFFICIAL BALLOT. 18 9 The ballot for the general election shall be arranged in 18 10 substantially the following form: 18 11 PARTISAN OFFICES 18 12 STRAIGHT PARTY VOTING 18 13 To vote for all candidates from a single party mark the 18 14 voting target next to the party name. Not all parties have 18 15 nominated candidates for all offices. Marking a straight 18 16 party vote does not include votes for nonpartisan offices, 18 17 judges, or questions. 18 18 POLITICAL PARTY NAME 18 19 POLITICAL PARTY NAME 18 20 POLITICAL ORGANIZATION NAME 18 21 POLITICAL ORGANIZATION NAME 18 22 OTHER POLITICAL ORGANIZATIONS 18 23 The following political organizations have nominated 18 24 candidates for only one office. 18 25 POLITICAL ORGANIZATION NAME 18 26 POLITICAL ORGANIZATION NAME 18 27 FEDERAL OFFICES 18 28 For President and Vice President Vote for no more than one 18 29 team. 18 30 CANDIDATE NAME, of State 18 31 CANDIDATE NAME, of State 18 32 Political Party 18 33 CANDIDATE NAME, of State 18 34 CANDIDATE NAME, of State 18 35 Political Party 19 1 CANDIDATE NAME, of State 19 2 CANDIDATE NAME, of State 19 3 Political Organization Name 19 4 CANDIDATE NAME, of State 19 5 CANDIDATE NAME, of State 19 6 Political Organization Name 19 7 CANDIDATE NAME, of State 19 8 CANDIDATE NAME, of State 19 9 Nominated by Petition 19 10 19 11 Write-in for President, if any. 19 12 19 13 Write-in for Vice President, if any. 19 14 For U.S. Senator 19 15 Vote for no more than one. 19 16 CANDIDATE NAME 19 17 Political Party 19 18 CANDIDATE NAME 19 19 Political Party 19 20 CANDIDATE NAME 19 21 Political Organization 19 22 CANDIDATE NAME 19 23 Political Organization 19 24 CANDIDATE NAME 19 25 Nominated by Petition 19 26 19 27 Write-in vote, if any. 19 28 For U.S. Representative 19 29 First District 19 30 Vote for no more than one. 19 31 CANDIDATE NAME 19 32 Political Party 19 33 CANDIDATE NAME 19 34 Political Party 19 35 CANDIDATE NAME 20 1 Political Organization 20 2 CANDIDATE NAME 20 3 Political Organization 20 4 CANDIDATE NAME 20 5 Nominated by Petition 20 6 20 7 Write-in vote, if any. 20 8 STATE OFFICES 20 9 For State Senator, District 2 20 10 Vote for no more than one. 20 11 CANDIDATE NAME 20 12 Political Party 20 13 CANDIDATE NAME 20 14 Political Party 20 15 CANDIDATE NAME 20 16 Political Organization 20 17 CANDIDATE NAME 20 18 Political Organization 20 19 CANDIDATE NAME 20 20 Nominated by Petition 20 21 20 22 Write-in vote, if any. 20 23 Sec. 38. Section 49.43, Code 1997, is amended by adding 20 24 the following new unnumbered paragraph before unnumbered para- 20 25 graph 1: 20 26 NEW UNNUMBERED PARAGRAPH. If possible, all public measures 20 27 and constitutional amendments to be voted upon by an elector 20 28 shall be included on a single special paper ballot which shall 20 29 also include all offices to be voted upon. However, if it is 20 30 necessary, a separate ballot may be used as provided in 20 31 section 49.30, subsection 1. 20 32 Sec. 39. Section 49.43, unnumbered paragraph 2, Code 1997, 20 33 is amended to read as follows: 20 34 Constitutional amendments and other public measures may be 20 35 summarized by the commissioner as provided insectionsections 21 1 49.44 and 52.25. 21 2 Sec. 40. Section 49.44, unnumbered paragraph 1, Code 1997, 21 3 is amended to read as follows: 21 4 When a proposed constitutional amendment or other public 21 5 measure to be decided by the voters of the entire state is to 21 6 be voted upon, the state commissioner shall prepare a written 21 7 summary of the amendment or measure including the number of 21 8 the amendment or statewide public measure assigned by the 21 9 state commissioner. The summary shall be printed immediately 21 10 preceding the text of the proposed amendment or measure on the 21 11 paper ballot or special paper ballot referred to in section 21 12 49.43and, in. If the complete text of the public measure 21 13 will not fit on the special paper ballot it shall be posted 21 14 inside the voting booth. A copy of the full text shall be 21 15 included with any absentee ballots. 21 16 PARAGRAPH DIVIDED. In precincts where the amendment or 21 17 measure will be voted on by machine, the summary shall be 21 18 placed in the voting machine inserts as required by section 21 19 52.25. 21 20 Sec. 41. Section 49.45, Code 1997, is amended to read as 21 21 follows: 21 22 49.45 GENERAL FORM OF BALLOT. 21 23 Ballots referred to in section 49.43 shall be substantially 21 24 in the following form: 21 25 Shall the following amendmentYes21 26 to the Constitution (or public meas-No21 27 ure) be adopted? 21 28 [ ] Yes 21 29 [ ] No 21 30 (Here insert the summary, if itbeis for a constitutional 21 31 amendment or statewide public measure, and in full the 21 32 proposed constitutional amendment or public measure. The 21 33 number assigned by the state commissioner or the letter 21 34 assigned by the county commissioner shall be included on the 21 35 ballot centered above the question, "Shall the following 22 1 amendment to the Constitution [or public measure] be 22 2 adopted?".) 22 3 Sec. 42. Section 49.46, Code 1997, is amended to read as 22 4 follows: 22 5 49.46 MARKING BALLOTS ON PUBLIC MEASURES. 22 6 The elector shall designate a vote bya crossmaking the 22 7 appropriate mark, thus,in the voting target. On paper 22 8 ballots an "X", or a check mark, thus, "/", may be placed in 22 9 the propersquaretarget. 22 10 Sec. 43. Section 49.47, Code 1997, is amended to read as 22 11 follows: 22 12 49.47 NOTICE ON BALLOTS. 22 13 At the top of paper ballotson suchfor public measures 22 14 shall be printed the following: 22 15 [Notice to voters.For an affirmative vote uponTo vote to 22 16 approve any questionsubmitted uponon this ballot, make a 22 17 cross(X)mark or check(/)in thesquaretarget after the 22 18 word "Yes".For a negativeTo vote against a question make a 22 19 similar mark in thesquaretarget following the word "No".] 22 20 This notice shall be adapted to describe the proper mark where 22 21 it is appropriate. 22 22 Sec. 44. Section 49.57, Code 1997, is amended to read as 22 23 follows: 22 24 49.57 METHOD AND STYLE OF PRINTING BALLOTS. 22 25 Ballots shall be prepared as follows: 22 26 1. They shall be onplain whitepaper uniform in color, 22 27 through which the printing or writing cannot be read. 22 28 2.TheIn the area of the general election ballot for 22 29 straight-party voting, the partynamenames shall be printed 22 30 in capital letters of uniform size, in not less thanone-22 31fourth of an inch in heighttwelve point type. After the name 22 32 of each candidate for a partisan office the name of the 22 33 candidate's political party shall be printed in at least six 22 34 point type. 22 35 3. The names of candidates shall be printed in capital 23 1 letters, of uniform size throughout the ballot, in not less 23 2 thanone-eighth, nor more than one-fourth of an inch in height23 3 ten point type. 23 4 4.AOn ballots that will be counted by electronic 23 5 tabulating equipment, ballots shall include a voting target 23 6 next to the name of each candidate. The position, shape, and 23 7 size of the targets shall be appropriate for the equipment to 23 8 be used in counting the votes. Where paper ballots are used, 23 9 a square, the sides of which shall not be less than one-fourth 23 10 of an inch in length,shallmay be printed at the beginning of 23 11 each line in which the name of a candidate is printed, except 23 12 as otherwise provided. 23 13 5.On the outsideA portion of the ballot,so as to appear23 14when foldedwhich can be shown to the precinct officials 23 15 without revealing any of the marks made by the voter, shallbe23 16printedinclude the words "Official ballot", a designation of 23 17 the ballot rotation, if any, the date of the election, and a 23 18 facsimile of the signature of the commissioner who has caused 23 19 the ballot to be printed pursuant to section 49.51. 23 20 6. The office title of any office which appears on the 23 21 ballot to fill a vacancy before the end of the usual term of 23 22 the office shall include the words "To Fill Vacancy". 23 23 Sec. 45. Section 49.58, unnumbered paragraph 1, Code 1997, 23 24 is amended to read as follows: 23 25 If any candidate nominated by a political party, as defined 23 26 in section 43.2, for the office of senator or representative 23 27 in the Congress of the United States, governor,lieutenant23 28governor,attorney general, or senator or representative in 23 29 the general assembly dies during the period beginning on the 23 30 eighty-eighth day and ending on the last day before the 23 31 general election, or if any candidate so nominated for the 23 32 office of county supervisor dies during the period beginning 23 33 on the seventy-third day and ending on the last day before the 23 34 general election, the vote cast at the general election for 23 35 that office shall not be canvassed as would otherwise be 24 1 required by chapter 50. Instead, a special election shall be 24 2 held on the first Tuesday after the second Monday in December, 24 3 for the purpose of electing a person to fill that office. 24 4 Sec. 46. Section 49.92, Code 1997, is amended to read as 24 5 follows: 24 6 49.92 VOTING MARK. 24 7 The instructions appearing on the ballot shall describe the 24 8 appropriate mark to be used by the voter. The mark shall be 24 9 consistent with the requirements of the voting system in use 24 10 in the precinct. The voting markshallused on paper ballots 24 11 may be a cross or check which shall be placedin the circle at24 12the head of a ticket, orin thesquaresvoting targets 24 13 opposite the names of candidates. The fact that the voting 24 14 mark is made by an instrument other than a black lead pencil 24 15 shall not affect the validity of the ballot unless it appears 24 16 that the color or nature of the mark is intended to identify 24 17 the ballot contrary to the intent of section 49.107, 24 18 subsection 7. 24 19 Sec. 47. Section 49.93, Code 1997, is amended by striking 24 20 the section and inserting in lieu thereof the following: 24 21 49.93 NUMBER OF VOTES FOR EACH OFFICE. 24 22 For an office to which one person is to be elected, a voter 24 23 shall not vote for more than one candidate. If two or more 24 24 persons are to be elected to an office, the voter shall vote 24 25 for no more than the number of persons to be elected. If a 24 26 person votes for more than the permitted number of candidates, 24 27 the vote for that office shall not count. Valid votes cast on 24 28 the rest of the ballot shall be counted. 24 29 Sec. 48. Section 49.94, Code 1997, is amended to read as 24 30 follows: 24 31 49.94 HOW TO MARK A STRAIGHT TICKET. 24 32 If the names of all the candidates for whom a voter desires 24 33 to vote in any election other than the primary electionappear24 34upon the same ticketwere nominated by the same political 24 35 party or nonparty political organization, and the voter 25 1 desires to vote for all candidateswhose names appear upon25 2such ticketnominated by that political party or organization 25 3 the voter may do so in any one of the following ways: 25 4 1. The voter mayplace a cross or check in the circle at25 5the top of such ticketmark the voting target next to the name 25 6 of the political party or nonparty political organization in 25 7 the straight party or organization section of the ballot 25 8 withoutmaking a cross or check inmarking anysquare beneath25 9said circlevoting target next to the name of a candidate 25 10 nominated by the party or organization. 25 112. The voter may place a cross or check in the square25 12opposite the name of each such candidate without making any25 13cross or check in the circle at the top of such ticket.25 143.2. The voter mayplace a cross or check in the circle25 15at the top of such ticketmark the voting target next to the 25 16 name of the political party or nonparty political organization 25 17 in the straight party or organization section of the ballot 25 18 and alsoa cross or check inmark any or all of thesquares25 19beneath said circlevoting targets next to the names of 25 20 candidates nominated by that party or organization. 25 21 Sec. 49. Section 49.95, Code 1997, is amended to read as 25 22 follows: 25 23 49.95 VOTING PART OF TICKET ONLY. 25 24 If the names of all the candidates for whom the voter 25 25 desires to voteappear upon a single ticketwere nominated by 25 26 the same political party or nonparty political organization 25 27 but the voter does not desire to vote for all of the 25 28 candidateswhose names appear thereonnominated by the party 25 29 or organization, the voter shallplace a cross or check in the25 30square oppositemark the voting target next to the name of 25 31 eachsuchcandidate for whom the voter desires to vote without 25 32making any cross or check in the circle at the top of such25 33ticketmarking the target next to the name of the party or 25 34 organization in the straight party or organization section of 25 35 the ballot. 26 1 Sec. 50. Section 49.96, Code 1997, is amended to read as 26 2 follows: 26 3 49.96GROUP CANDIDATES FOR OFFICES OF SAME CLASSOFFICES 26 4 WITH MORE THAN ONE PERSON TO BE ELECTED. 26 5 Wheretwo or more offices of the same class are to be26 6filledmore than one person is to be elected to the same 26 7 office at the same election, and all of the candidates for 26 8such offices,that office for whom the voter desires to vote,26 9appear upon the voter's party ticket at the top of which the26 10voter has marked a cross or check in the circlewere nominated 26 11 by the political party or nonparty political organization for 26 12 which the voter has marked a straight party or organization 26 13 vote, the voter need not otherwise indicate the vote forsuch26 14candidate; but if the name of any candidate for whom the voter26 15desires to vote for such office appears upon a different26 16ticket, then as to such group of candidates the cross or check26 17in the circle does not apply and to indicate the voter's26 18choice the voter must place a cross or check in the square26 19opposite the name of each such candidate for whom the voter26 20desires to vote whether the same appears under such marked26 21circle or notthat office. If the voter wishes to vote for 26 22 candidates who were nominated by different political parties 26 23 or nonparty political organizations, the voter must mark the 26 24 voting target for each candidate the voter has chosen, whether 26 25 or not the voter has also marked a straight party or 26 26 organization vote. 26 27 Sec. 51. Section 49.97, Code 1997, is amended to read as 26 28 follows: 26 29 49.97 HOW TO MARK A MIXED TICKET. 26 30 If the names of all candidates for whom a voter desires to 26 31 votedowere notappear uponnominated by the sameticket26 32 political party or nonparty political organization, the voter 26 33 may indicate the candidates of the voter's choice by marking 26 34 the ballot in any one of the following ways: 26 35 1. The voter mayplace a cross or check in the circle at27 1the top of a ticket onmark a straight party or organization 27 2 vote for the party or nonparty political organization which 27 3the names ofnominated some of the candidates for whom the 27 4 voter desires to voteappear and also a cross or check in the27 5square opposite the name of each other candidate of the27 6voter's choice, whose name appears upon some ticket other than27 7the one in which the voter has marked the circle at the top27 8 and vote for candidates of other parties or nonparty political 27 9 organizations by marking the voting targets next to their 27 10 names. 27 11 2. The voter mayplace a cross or check in the square27 12opposite the name of each candidate for whom the voter desires27 13tovote for each candidate separately withoutplacing any27 14cross or check in any circlemarking any straight party or 27 15 organization vote. 27 16 Sec. 52. Section 49.98, Code 1997, is amended to read as 27 17 follows: 27 18 49.98 COUNTING BALLOTS. 27 19 The ballots shall be counted according to themarkings27 20thereon, respectively,voters' marks on them as provided in 27 21 sections 49.92 to 49.97, and not otherwise. If, for any 27 22 reason, it is impossible to determine from a ballot, as 27 23 marked, the choice of the voter for any office,such ballot27 24 the vote for that office shall not be countedfor such office. 27 25 When there is a conflict betweenthe cross or check in the27 26circle ona straight party or organization vote for oneticket27 27 political party or nonparty political organization and the 27 28cross or check in the square onvote cast by marking the 27 29 voting target next to the name of a candidate for another 27 30ticketpolitical party or nonparty political organization on 27 31 the ballot, thecross or check in the squaremark next to the 27 32 name of the candidate shall be held to control, and thecross27 33or check in the circle in suchstraight party or organization 27 34 vote in that case shall not apply as to that office. Any 27 35 ballot shall be rejected if it is marked in any other manner 28 1 thanasauthorized in sections 49.92 to 49.97, and in such28 2manner as to show that. A ballot shall be rejected if the 28 3 voteremployed suchused a markfor the purpose of identifying28 4 to identify the voter's ballot, shall be rejected. 28 5 Sec. 53. Section 49.99, unnumbered paragraph 1, Code 1997, 28 6 is amended to read as follows: 28 7 The voter may alsoinsert in writing in the proper place28 8 write on the line provided for write-in votes the name of any 28 9 person for whom the voter desires to vote andplace a cross or28 10check in the squaremark the voting target opposite the name. 28 11 If the voter is using a voting system other than an electronic 28 12 voting system, as defined in section 52.1, the writing of the 28 13 name shall constitute a valid vote for the person whose name 28 14 has been written on the ballot without regard to whether the 28 15 voter has made across or checkmark opposite the name. 28 16 However, when a write-in vote is cast using an electronic 28 17 voting system, the ballot must also be marked in the 28 18 corresponding space in order to be counted.The making of a28 19cross or check in a squareMarking the voting target opposite 28 20 ablankwrite-in line without writing a nameinon theblank,28 21 line shall not affect the validity of the remainder of the 28 22 ballot. 28 23 Sec. 54. Section 49.100, Code 1997, is amended to read as 28 24 follows: 28 25 49.100 SPOILED BALLOTS. 28 26AnyA voter whoshall spoilspoils a ballot may, on28 27returning the samereturn the spoiled ballot to the precinct 28 28 election officials,and receive anotherin place thereof, but28 29 ballot. However,noa voter shall not receive more than three 28 30 ballots, including the one first delivered.None butOnly 28 31 ballots provided in accordance with the provisions of this 28 32 chapter shall be counted. 28 33 Sec. 55. Section 49.104, Code 1997, is amended by adding 28 34 the following new subsection: 28 35 NEW SUBSECTION. 7. Any person authorized by the 29 1 commissioner, in consultation with the secretary of state, for 29 2 the purposes of conducting and attending educational voting 29 3 programs for youth. 29 4 Sec. 56. Section 49.125, Code 1997, is amended to read as 29 5 follows: 29 6 49.125 COMPENSATION OF TRAINEES. 29 7 All election personnel attending such training course shall 29 8 be paid for attending such course for a period not to exceed 29 9 two hours, and shall be reimbursed for travel to and from the 29 10 place where the training is given at the ratespecified in29 11section 70A.9determined by the board of supervisors if the 29 12 distance involved is more than five miles. The wages shall be 29 13 computed at the hourly rate established pursuant to section 29 14 49.20 and payment of wages and mileage for attendance shall be 29 15 made at the time that payment is made for duties performed on 29 16 election day. 29 17 Sec. 57. Section 50.13, Code 1997, is amended to read as 29 18 follows: 29 19 50.13 DESTRUCTION OF BALLOTS. 29 20 If, at the expiration of the length of time specified in 29 21 section 50.12, a contest is not pending, the commissioner, 29 22 without opening the package in which they have been enclosed, 29 23 shall destroy the ballots, in the presence of two electors,29 24one from each of the two leading political parties, who shall29 25be designated by the chairperson of the board of supervisors. 29 26 If the ballots are to be shredded, the package may be 29 27 opened, if necessary, but the ballots shall not be examined 29 28 before shredding. Shredded ballots may be recycled. The 29 29 commissioner shall invite the chairperson of each of the 29 30 political parties to designate a person to witness the 29 31 destruction of the ballots. 29 32 Sec. 58. Section 50.48, subsection 4, unnumbered paragraph 29 33 1, Code 1997, is amended to read as follows: 29 34 When all members of the recount board have been selected, 29 35 the board shall undertake and complete the required recount as 30 1 expeditiously as reasonably possible. The commissioner or the 30 2 commissioner's designee shall supervise the handling of 30 3 ballots or voting machine documents to ensure that the ballots 30 4 and other documents are protected from alteration or damage. 30 5 The board shall open only the sealed ballot containers from 30 6 the precincts specified to be recounted in the request or by 30 7 the recount board. The board shall recount only the ballots 30 8 which were voted and counted for the office in question, 30 9 including any disputed ballots returned as required in section 30 10 50.5. If an electronic tabulating system was used to count 30 11 the ballots, the recount board may request the commissioner to 30 12 retabulate the ballots using the electronic tabulating system. 30 13 The same program used for tabulating the votes on election day 30 14 shall be used at the recount unless the program is believed or 30 15 known to be flawed. 30 16 PARAGRAPH DIVIDED. Any member of the recount board may at 30 17 any time during the recount proceedings extend the recount of 30 18 votes cast for the office or nomination in question to any 30 19 other precinct or precincts in the same county, or from which 30 20 the returns were reported to the commissioner responsible for 30 21 conducting the election, without the necessity of posting 30 22 additional bond. 30 23 Sec. 59. NEW SECTION. 50.50 ADMINISTRATIVE RECOUNTS. 30 24 The commissioner who was responsible for conducting an 30 25 election may request an administrative recount when the 30 26 commissioner suspects that voting equipment used in the 30 27 election malfunctioned or that programming errors may have 30 28 affected the outcome of the election. An administrative 30 29 recount shall be conducted by the board of the special 30 30 precinct established by section 53.23. Bond shall not be 30 31 required for an administrative recount. The state 30 32 commissioner may adopt rules for administrative recounts. 30 33 If the recount board finds that there is an error in the 30 34 programming of any voting equipment which may have affected 30 35 the outcome of the election for any office or public measure 31 1 on the ballot, the recount board shall describe the errors in 31 2 its report to the commissioner. The commissioner shall notify 31 3 the board of supervisors. The supervisors shall determine 31 4 whether to order an administrative recount for any or all of 31 5 the offices and public measures on the ballot. 31 6 Sec. 60. Section 52.10, Code 1997, is amended to read as 31 7 follows: 31 8 52.10 BALLOTS FORM. 31 9 All ballots shall be printed in black ink on clear, white 31 10 material, of such size as will fit the ballot frame, and in as 31 11 plain, clear type as the space will reasonably permit. The 31 12 party name for each political party represented on the machine 31 13 shall be prefixed to the list of candidates of such party. 31 14 The order of the list of candidates of the several parties or 31 15 organizations shall be arranged as provided in sections 49.30 31 16 to49.4249.41, except that the lists may be arranged in 31 17 horizontal rows or vertical columns to meet the physical 31 18 requirements of the voting machine used. 31 19 Sec. 61. Section 52.12, Code 1997, is amended by striking 31 20 the section and inserting in lieu thereof the following: 31 21 52.12 EXCEPTION STRAIGHT PARTY VOTING. 31 22 Voting machines shall have a single lever or switch which 31 23 casts a vote for each candidate of a political party or non- 31 24 party political organization which has nominated candidates 31 25 for more than one partisan office on the ballot. Straight 31 26 party voting shall be provided for all general elections. 31 27 Sec. 62. Section 52.33, Code 1997, is amended by adding 31 28 the following new unnumbered paragraph: 31 29 NEW UNNUMBERED PARAGRAPH. The absentee and special 31 30 precinct board shall follow the process prescribed in section 31 31 52.37, subsection 2, in handling damaged or defective ballots 31 32 and in counting write-in votes on special paper ballots. 31 33 Sec. 63. Section 52.35, subsection 2, Code 1997, is 31 34 amended to read as follows: 31 35 2. The test shall be conducted by processing a preaudited 32 1 group of ballots punched or marked so as to record a 32 2 predetermined number of valid votes for each candidate, and on 32 3 each public question, on the ballot. The test group shall 32 4 include for each office and each question one or more ballots 32 5 having votes in excess of the number allowed by law for that 32 6 office or question, in order to test the ability of the 32 7 automatic tabulating equipment to reject such votes. The 32 8 county chairperson of a political party may submit an 32 9 additional test group of ballots which, if so submitted, shall 32 10 also be tested. If any error is detected, its cause shall be 32 11 ascertained and corrected and an errorless count obtained 32 12 before the automatic tabulating equipment is approved. When 32 13 so approved, a statement attesting to the fact shall be signed 32 14 by the commissioner andsent immediately to the state32 15commissionerkept with the records of the election. 32 16 Sec. 64. Section 52.36, unnumbered paragraph 2, Code 1997, 32 17 is amended to read as follows: 32 18 The commissioner shall appoint from the lists provided by 32 19 the county political party chairpersons a resolution board to 32 20 tabulate write-in votes and to decide questions regarding 32 21 damaged, defective, or other ballots which cannot be tabulated 32 22 by machine. The commissioner shall appoint as many people to 32 23 the resolution board as the commissioner believes are 32 24 necessary. The resolution board shall be divided intothree-32 25persontwo-person teams. Each team shall consist ofno more32 26than twopeople who are not members of the same political 32 27 party. If a team is unable to decide how to count one or more 32 28 ballots, a third person shall be available to consult with the 32 29 team and to resolve disputes. Ballots which were objected to 32 30 shall be endorsed and separated as required by section 50.4. 32 31 Sec. 65. Section 52.37, subsection 2, unnumbered paragraph 32 32 2, Code 1997, is amended to read as follows: 32 33 The resolution board shall also tabulate any write-in votes 32 34 which were cast. Write-in votes cast for a candidate whose 32 35 name appears on the ballot for the same office shall be 33 1 counted as a vote for the candidate indicated, if the vote is 33 2 otherwise properly cast. 33 3 PARAGRAPH DIVIDED. Ballots which are rejected by the 33 4 tabulating equipment as blank because they have been marked 33 5 with an unreadable marker shall be duplicated or tabulated as 33 6 required by this subsection for damaged or defective ballots. 33 7 The commissioner may instruct the resolution board to mark 33 8 over voters' unreadable marks using a marker compatible with 33 9 the tabulating equipment. The resolution board shall take 33 10 care to leave part of the original mark made by the voter. If 33 11 it is impossible to mark over the original marks made by the 33 12 voter without completely obliterating them, the ballot shall 33 13 be duplicated. 33 14 Sec. 66. Section 52.38, unnumbered paragraph 1, Code 1997, 33 15 is amended to read as follows: 33 16 All portable tabulating devices shall be tested before any 33 17 election in which they are to be used following the procedure 33 18 in section 52.35, subsection 2. Testing shall be completed 33 19 not later than twelve hours before the opening of the polls on 33 20 the morning of the election.The portable tabulating devices33 21shall be tested at the polling place where they are to be33 22used.The chairperson of each political party shall be 33 23 notified in writing of the time the devices will be tested so 33 24 that the chairperson or a representative may be present. 33 25 Those present for the test shall sign a certificate which 33 26 shall read substantially as follows: 33 27 Sec. 67. Section 52.40, subsection 1, Code 1997, is 33 28 amended to read as follows: 33 29 1. In counties where counting centers have been 33 30 established under section 52.34, the commissioner may 33 31 designate certain polling places as early ballot pick-up 33 32 sites. At these sites, between the hours of one p.m. and four 33 33 p.m. on the day of the election, two precinct election 33 34 officials of different political parties shall seal the ballot 33 35 container to prevent the addition or removal of ballots and 34 1 replace it with an empty, locked ballot container. The sealed 34 2 ballot container shall be kept in a safe place in view of the 34 3 precinct election officials. The early pick-up officers shall 34 4 receive the sealed ballot container containing the ballots 34 5 which have been votedthroughout the dayalong with a signed 34 6 statement of the precinct officials attesting to the number of 34 7 declarations of eligibility signed up to that time, excluding 34 8 those declarations signed by voters whohavehad not yet 34 9 placed their ballots in the ballot container when it was 34 10 sealed.The officers shall replace the ballot container34 11containing the voted ballots with an empty ballot container,34 12to be sealed in the presence of a precinct election official.34 13 Sec. 68. Section 53.2, unnumbered paragraph 1, Code 1997, 34 14 is amended to read as follows: 34 15 Any registered voter, under the circumstances specified in 34 16 section 53.1, may on any day, except election day, and not 34 17 more than seventy days prior to the date of the election, 34 18 apply in person for an absentee ballot at the commissioner's 34 19 office or at any location designated by the commissioner, or 34 20 make written application to the commissioner for an absentee 34 21 ballot. The state commissioner shall prescribe a form for 34 22 absentee ballot applications. However, if a registered voter 34 23 submits an application that includes all of the information 34 24 required in this section, the prescribed form is not required. 34 25 Absentee ballot applications may include instructions to send 34 26 the application directly to the county commissioner of 34 27 elections. However, no absentee ballot application shall be 34 28 preaddressed or printed with instructions to send the 34 29 applications to anyone other than the appropriate 34 30 commissioner. 34 31 No absentee ballot application shall be preaddressed or 34 32 printed with instructions to send the ballot to anyone other 34 33 than the voter. 34 34 Sec. 69. NEW SECTION. 53.9 PROHIBITED PERSONS. 34 35 No person required to file reports under chapter 56, and no 35 1 person acting as an actual or implied agent for a person 35 2 required to file reports under chapter 56, shall receive 35 3 absentee ballots on behalf of voters. This prohibition does 35 4 not apply to section 53.17. 35 5 Sec. 70. Section 53.11, Code 1997, is amended by adding 35 6 the following new unnumbered paragraph: 35 7 NEW UNNUMBERED PARAGRAPH. A petition requesting a 35 8 satellite absentee voting station must be filed by the 35 9 following deadlines: 35 10 1. For a primary or general election, no later than five 35 11 p.m. on the forty-seventh day before the election. 35 12 2. For the regular city election, no later than five p.m. 35 13 on the thirtieth day before the election. 35 14 3. For the regular school election, no later than five 35 15 p.m. on the thirtieth day before the election. 35 16 4. For a special election, no later than thirty-two days 35 17 before the special election. 35 18 Sec. 71. Section 53.11, unnumbered paragraph 2, Code 1997, 35 19 is amended to read as follows: 35 20 Satellite absentee voting stations shall be established 35 21 throughout the cities and county at the direction of the 35 22 commissioner or upon receipt of a petition signed by not less 35 23 than one hundred eligible electors requesting that a satellite 35 24 absentee voting station be established at a location to be 35 25 described on the petition.A petition requesting a satellite35 26absentee voting station must be filed no later than five p.m.35 27on the eleventh day before the election.A satellite absentee 35 28 voting station established by petition must be open at least 35 29 one dayfrom eight a.m. until five p.mfor a minimum of six 35 30 hours. A satellite absentee voting station established at the 35 31 direction of the commissioner or by petition may remain open 35 32 until five p.m. on the day before the election. 35 33 Sec. 72. Section 53.19, unnumbered paragraph 3, Code 1997, 35 34 is amended to read as follows: 35 35 However, any registered voter who has received an absentee 36 1 ballot and notvotedreturned it, may surrender theunmarked36 2 absentee ballot to the precinct officials and vote in person 36 3 at the polls. The precinct officials shall mark the uncast 36 4 absentee ballot "void" and return it to the commissioner. Any 36 5 registered voter who has been sent an absentee ballot by mail 36 6 but for any reason has not received it may appear at the 36 7 voter's precinct polling place on election day and sign an 36 8 affidavit to that effect, after which the voter shall be 36 9 permitted to vote in person. The form of the affidavit for 36 10 use in such cases shall be prescribed by the state 36 11 commissioner. 36 12 Sec. 73. Section 53.23, subsection 3, Code 1997, is 36 13 amended to read as follows: 36 14 3. The commissioner shall set the convening time for the 36 15 board, allowing a reasonable amount of time to complete 36 16 counting all absentee ballots by ten p.m. on election day. 36 17 The commissioner may direct the board to meet on the dayprior36 18tobefore the election solely for the purpose of reviewing the 36 19 absentee voters' affidavits appearing on the sealed ballot 36 20 envelopesif. If, in the commissioner's judgment this 36 21 procedure is necessary due to the number of absentee ballots 36 22 received, the members of the board may open the sealed ballot 36 23 envelopes and remove the secrecy envelope containing the 36 24 ballot, but under no circumstances shall asealed ballot36 25 secrecy envelope be opened before the board convenes on 36 26 election day. If the ballot envelopes are opened before 36 27 election day, two observers, one appointed by each of the two 36 28 political parties referred to in section 49.13, subsection 2, 36 29 shall witness the proceedings. 36 30 If the board finds any ballot not enclosed in a secrecy 36 31 envelope, the two special precinct election officials, one 36 32 from each of the two political parties referred to in section 36 33 49.13, subsection 2, shall place the ballot in a secrecy 36 34 envelope. No one shall examine the ballot. Each of the 36 35 special precinct election officials shall sign the secrecy 37 1 envelope. 37 2 Sec. 74. Section 54.5, Code 1997, is amended by adding the 37 3 following new unnumbered paragraph: 37 4 NEW UNNUMBERED PARAGRAPH. If a candidate for the office of 37 5 president or vice president of the United States withdraws, 37 6 dies, or is otherwise removed from the ballot before the 37 7 general election, another candidate may be substituted. The 37 8 substitution shall be made by the state central committee of 37 9 the political party or by the governing committee of the 37 10 national party. If there are differences, the substitution 37 11 made by the state central committee shall prevail. A nonparty 37 12 political organization which has filed the names of party 37 13 officers and central committee members with the secretary of 37 14 state before the close of the filing period for the general 37 15 election pursuant to section 44.17 may also make 37 16 substitutions. A substitution must be filed no later than 37 17 seventy-four days before the election. 37 18 Sec. 75. Section 59.1, Code 1997, is amended by adding the 37 19 following new unnumbered paragraph: 37 20 NEW UNNUMBERED PARAGRAPH. A special election for a seat in 37 21 either house of the general assembly may be contested. The 37 22 contestant shall serve notice on the incumbent in the manner 37 23 described in this section not later than twenty days after the 37 24 state canvass of votes for the election. A copy of the notice 37 25 shall also be filed with the presiding officer of the house in 37 26 which the contest is to be tried, if the general assembly is 37 27 in session. If the general assembly is not in session, a copy 37 28 of the notice shall be filed with the secretary of state. The 37 29 secretary of state shall notify the presiding officer of the 37 30 house in which the contest will be tried. 37 31 Sec. 76. Section 62.1, Code 1997, is amended to read as 37 32 follows: 37 33 62.1 CONTEST COURT. 37 34 The court for the trial of contested county elections shall 37 35be thus constituted: The chairperson of the board of38 1supervisors shall be the presiding officer, andconsist of one 38 2 person named by the contestant and one person named by the 38 3 incumbentmay each name a person who shall be associated with38 4the chairperson. If the incumbent fails to name a judge, the 38 5 chief judge of the judicial district shall be notified of the 38 6 failure to appoint. The chief judge shall designate the 38 7 second judge within one week after the chief judge is 38 8 notified. These two judges shall meet within three days and 38 9 select a third person to serve as the presiding officer of the 38 10 court. If they cannot agree on the third member of the court 38 11 within three days after their initial meeting, the chief judge 38 12 of the judicial district shall be notified of the failure to 38 13 agree. The chief judge shall designate the presiding judge 38 14 within one week after the chief judge is notified. 38 15 Sec. 77. Section 62.2, Code 1997, is amended to read as 38 16 follows: 38 17 62.2 JUDGES. 38 18The contestant and incumbent shall each file in the38 19auditor's office, on or before the day of trial, a written38 20nomination of one associate judge of the contested election,38 21whoJudges shall be sworn in the same manner and form as trial 38 22 jurors are sworn in trials of civil actions; if either the38 23contestant or the incumbent fails to nominate, the presiding38 24judge shall appoint for that person. Wheneither of the38 25nominated judgesa judge fails to appear on the day of trial, 38 26 that judge's place may be filled by another appointment under 38 27 the same rule. 38 28 Sec. 78. Section 62.9, Code 1997, is amended to read as 38 29 follows: 38 30 62.9 TRIAL NOTICE. 38 31 Thechairperson of the board of supervisorspresiding judge 38 32 shallthereuponfix a day for the trial, not more than thirty 38 33nor less than twentydays thereafter, and shall cause a notice 38 34 of such trial to be served on the incumbent, with a copy of 38 35 the contestant's statement, at least ten days before the day 39 1 set for trial. If the trial date is set for less than twenty 39 2 days from the day notice is given and either party is not 39 3 ready, the presiding judge shall delay the trial. 39 4 Sec. 79. Section 69.13, unnumbered paragraph 1, Code 1997, 39 5 is amended to read as follows: 39 6 If a vacancy occurs in the office of senator in the 39 7 Congress of the United States,lieutenant governor,secretary 39 8 of state, auditor of state, treasurer of state, secretary of 39 9 agriculture, or attorney general eighty-nine or more days 39 10 before a general election, and the unexpired term in which the 39 11 vacancy exists has more than seventy days to run after the 39 12 date of that general election, the vacancy shall be filled for 39 13 the balance of the unexpired term at that general election and 39 14 the person elected to fill the vacancy shall assume office as 39 15 soon as a certificate of election has been issued and the 39 16 person has qualified. 39 17 Sec. 80. Section 69.14A, subsection 1, paragraph a, 39 18 unnumbered paragraph 2, Code 1997, is amended to read as 39 19 follows: 39 20 However, if within fourteen days after publication of the 39 21 notice or within fourteen days after the appointment is made, 39 22whichever is later,a petition is filed with the county 39 23 auditor requesting a special election to fill the vacancy, the 39 24 appointment is temporary and a special election shall be 39 25 called as provided in paragraph "b". The petition shall meet 39 26 the requirements of section 331.306, except that in counties 39 27 where supervisors are elected under plan "three", the number 39 28 of signatures calculated according to the formula in section 39 29 331.306 shall be divided by the number of supervisor districts 39 30 in the county. 39 31 Sec. 81. Section 69.14A, subsection 1, paragraph b, 39 32 unnumbered paragraph 1, Code 1997, is amended to read as 39 33 follows: 39 34 By special election held to fill the office for the 39 35 remaining balance of the unexpired term. The committee of 40 1 county officers designated to fill the vacancy in section 69.8 40 2 may, on its own motion, or shall, upon receipt of a petition 40 3 as provided in paragraph "a", call for a special election to 40 4 fill the vacancy in lieu of appointment. The committee shall 40 5 order the special election at the earliest practicable date, 40 6 but giving at leastthirtythirty-two days' notice of the 40 7 election. A special election called under this section shall 40 8 be held on a Tuesday and shall not be held on the same day as 40 9 a school election within the county. 40 10 Sec. 82. Section 69.14A, subsection 2, paragraph a, 40 11 unnumbered paragraph 2, Code 1997, is amended to read as 40 12 follows: 40 13 However, if within fourteen days after publication of the 40 14 notice or within fourteen days after the appointment is made, 40 15whichever is later,a petition is filed with the county 40 16 auditor requesting a special election to fill the vacancy, the 40 17 appointment is temporary and a special election shall be 40 18 called as provided in paragraph "b". The petition shall meet 40 19 the requirements of section 331.306. 40 20 Sec. 83. Section 69.14A, subsection 2, paragraph b, 40 21 unnumbered paragraph 1, Code 1997, is amended to read as 40 22 follows: 40 23 By special election held to fill the office for the 40 24 remaining balance of the unexpired term. The board of 40 25 supervisors may, on its own motion, or shall, upon receipt of 40 26 a petition as provided in paragraph "a", call for a special 40 27 election to fill the vacancy in lieu of appointment. The 40 28committeesupervisors shall order the special election at the 40 29 earliest practicable date, but giving at leastthirtythirty- 40 30 two days' notice of the election. A special election called 40 31 under this section shall be held on a Tuesday and shall not be 40 32 held on the same day as a school election within the county. 40 33 Sec. 84. Section 277.4, unnumbered paragraph 2, Code 1997, 40 34 is amended to read as follows: 40 35 Each candidate shall be nominated by petition. If the 41 1 candidate is running foran at-largea seat in the district 41 2 which is voted for at-large, the petition must be signed by at 41 3 least ten eligible electors, or a number of eligible electors 41 4 equal in number to not less than one percent of the registered 41 5 voters of the school district, whichever is more. If the 41 6 candidate is running for a seat which is voted for only by the 41 7 voters of a director district, the petition must be signed by 41 8 at least ten eligible electors of the director district or a 41 9 number of eligible electors equal in number to not less than 41 10 one percent of the registered voters in the director district, 41 11 whichever is more. A petition filed under this section shall 41 12 not be required to have more than one hundred signatures. 41 13 PARAGRAPH DIVIDED. Signers of nomination petitions shall 41 14 include their addresses and the date of signing, and must 41 15 reside in the same director district as the candidate if 41 16 directors are elected by the voters of a director district, 41 17 rather than at large. A person may sign nomination petitions 41 18 for more than one candidate for the same office, and the 41 19 signature is not invalid solely because the person signed 41 20 nomination petitions for one or more other candidates for the 41 21 office. The petition shall be filed with the affidavit of the 41 22 candidate being nominated, stating the candidate's name, place 41 23 of residence, that such person is a candidate and is eligible 41 24 for the office the candidate seeks, and that if elected the 41 25 candidate will qualify for the office. The affidavit shall 41 26 also state that the candidate is aware that the candidate is 41 27 disqualified from holding office if the candidate has been 41 28 convicted, and never pardoned, of a felony or other infamous 41 29 crime. 41 30 Sec. 85. Section 278.1, subsection 8, Code 1997, is 41 31 amended to read as follows: 41 32 8. Authorizethe establishment or abandonment of director41 33districts or a change of boundaries of director districtsa 41 34 change in the method of conducting elections or in the number 41 35 of directors as provided in sections 275.35 and 275.36. If a 42 1 proposition submitted to the voters under this subsection or 42 2 subsection 7of this sectionis rejected, it may not be 42 3 resubmitted to the voters of the district in substantially the 42 4 same form within the next three years; if it is approved, no 42 5 other proposal may be submitted to the voters of the district 42 6 under this subsection or subsection 7of this sectionwithin 42 7 the next six years. 42 8 Sec. 86. Section 347.11, Code 1997, is amended to read as 42 9 follows: 42 10 347.11 ORGANIZATION MEETINGS QUORUM. 42 11 Said trustees shall, within ten days after their42 12appointment or election,qualify by taking the usual oath of 42 13 office as provided in chapter 63, but no bond shall be 42 14 required of them, except as hereafter provided, and organize 42 15 by the election of one of their number as chairperson and one 42 16 as secretary, and one as treasurer. The secretary and 42 17 treasurer shall each file with the chairperson of the board a 42 18 surety bond in such penal sum as the board of trustees may 42 19 require and with sureties to be approved by the board for the 42 20 use and benefit of the county public hospital. The reasonable 42 21 cost of such bonds shall be paid from operating funds of the 42 22 hospital. The secretary shall report to the county auditor 42 23 and treasurer the names of the chairperson, secretary and 42 24 treasurer of the board of hospital trustees as soon as 42 25 practicable after the qualification of each. Said board shall 42 26 meet at least once each month. Four members of said board 42 27 shall constitute a quorum for the transaction of business. 42 28 The secretary shall keep a complete record of its proceedings. 42 29 Sec. 87. Section 347A.1, unnumbered paragraph 2, Code 42 30 1997, is amended to read as follows: 42 31 The trustees shall hold office until the next succeeding 42 32 election, at which time their successors shall be elected, two 42 33 for a term of two years, two for a term of four years and one 42 34 for a term of six years, and thereafter their successors shall 42 35 be elected for regular terms of six years each. Vacancies in 43 1 the board of trustees may be filled in the same manner as 43 2 original appointments, to hold office until the vacancies are 43 3 filled pursuant to section 69.12. The trustees, within ten43 4days after their appointment or election,shall qualify by 43 5 taking the usual oath of office as provided in chapter 63, but 43 6 no bond shall be required of them. The trustees shall receive 43 7 no compensation but shall be reimbursed for all expenses 43 8 incurred by them with the approval of the board of trustees in 43 9 the performance of their duties. The board first appointed 43 10 shall organize promptly following its appointment, and shall 43 11 serve until successors are elected and qualified; thereafter 43 12 no later than December 1 of each year the board shall 43 13 reorganize by the appointment of a chairperson, secretary, and 43 14 treasurer. The secretary and treasurer shall each file with 43 15 the chairperson of the board a surety bond in the amount the 43 16 board of trustees requires, with sureties to be approved by 43 17 the board of trustees, for the use and benefit of the county 43 18 hospital. The reasonable cost of the bonds shall be paid from 43 19 the operating funds of the hospital. The secretary shall 43 20 report to the county auditor and the county treasurer the 43 21 names of the chairperson, secretary, and treasurer of the 43 22 board as soon as practicable after the appointment of each. 43 23 Sec. 88. Section 372.2, subsection 2, Code 1997, is 43 24 amended to read as follows: 43 25 2. Within fifteen days after receiving a valid petition, 43 26 the council shallproclaimpublish notice of the date that a 43 27 special city electiontowill be heldwithin sixty daysto 43 28 determine whether the city shall change to a different form of 43 29 government. The election date shall be not more than sixty 43 30 days after the publication. The notice shall include a 43 31 statement that the filing of a petition for appointment of a 43 32 home rule charter commission will delay the election until 43 33 after the home rule charter commission has filed a proposed 43 34 charter. Petition requirements and filing deadlines shall 43 35 also be included in the notice. 44 1 PARAGRAPH DIVIDED. The council shall notify the county 44 2 commissioner of elections to publish notice of the election 44 3 and conduct the election pursuant to chapters 39 to 53. The 44 4 county commissioner of elections shall certify the results of 44 5 the election to the council. 44 6 Sec. 89. Section 372.3, Code 1997, is amended by striking 44 7 the section and inserting in lieu thereof the following: 44 8 372.3 HOME RULE CHARTER. 44 9 If a petition for appointment of a home rule charter com- 44 10 mission is filed with the city clerk not more than ten days 44 11 after the council has published notice announcing the date of 44 12 the special election on adoption of another form of 44 13 government, the special election shall not be held until the 44 14 charter proposed by the home rule charter commission is filed. 44 15 Both forms must be published as provided in section 372.9 and 44 16 submitted to the voters at the special election. 44 17 Sec. 90. Section 372.13, subsection 2, paragraph a, 44 18 unnumbered paragraph 1, Code 1997, is amended to read as 44 19 follows: 44 20 By appointment by the remaining members of the council, 44 21 except that if the remaining members do not constitute a 44 22 quorum of the full membership, paragraph "b" shall be 44 23 followed. The appointment shall be for the period until the 44 24 next pending election as defined in section 69.12, and shall 44 25 be made within forty days after the vacancy occurs. If the 44 26 council chooses to proceed under this paragraph, it shall 44 27 publish notice in the manner prescribed by section 362.3, 44 28 stating that the council intends to fill the vacancy by 44 29 appointment but that the electors of the city or ward, as the 44 30 case may be, have the right to file a petition requiring that 44 31 the vacancy be filled by a special election. The council may 44 32 publish notice in advance if an elected official submits a 44 33 resignation to take effect at a future date. The council may 44 34 make an appointment to fill the vacancy after the notice is 44 35 published or after the vacancy occurs, whichever is later. 45 1 However, if within fourteen days after publication of the 45 2 notice or within fourteen days after the appointment is made,45 3whichever is later, there is filed with the city clerk a 45 4 petition which requests a special election to fill the 45 5 vacancy, an appointment to fill the vacancy is temporary and 45 6 the council shall call a special election to fill the vacancy 45 7 permanently, under paragraph "b". The number of signatures of 45 8 eligible electors of a city for a valid petition shall be 45 9 determined as follows: 45 10 Sec. 91. Section 376.4, unnumbered paragraph 1, Code 1997, 45 11 is amended to read as follows: 45 12 An eligible elector of a city may become a candidate for an 45 13 elective city office by filing with the city clerk a valid 45 14 petition requesting that the elector's name be placed on the 45 15 ballot for that office. The petition must be filed not more 45 16 than seventy-one daysnorand not less than forty-seven days 45 17 before the date of the election, and must be signed by 45 18 eligible electors equal in number to at least two percent of 45 19 those who voted to fill the same office at the last regular 45 20 city election, but not less than ten persons. However, for 45 21 those cities which may be required to hold a primary election, 45 22 the petition must be filed not more than eighty-five days and 45 23 not less than sixty-eight days before the date of the regular 45 24 city election. A person may sign nomination petitions for 45 25 more than one candidate for the same office, and the signature 45 26 is not invalid solely because the person signed nomination 45 27 petitions for one or more other candidates for the office. 45 28 Nomination petitions shall be filed not later than five 45 29 o'clock p.m. on the last day for filing. 45 30 Sec. 92. Section 376.10, Code 1997, is amended to read as 45 31 follows: 45 32 376.10 CONTEST. 45 33 A nomination or election to a city office may be contested 45 34 in the manner provided in chapter 62 for contesting elections 45 35 to county offices, except that a statement of intent to 46 1 contest must be filed with the city clerk within ten days 46 2 after the nomination or election.The mayor is presiding46 3officer of the court for the trial of a nomination or election46 4contest, except that if the mayor's nomination or election is46 5contested, the council shall elect one of its members other46 6than the mayor to serve as presiding officer.46 7 Sec. 93. Sections 49.27, 49.29, and 49.42, Code 1997, are 46 8 repealed. 46 9 Sec. 94. HOSPITAL BOARDS OF TRUSTEES. Any action taken 46 10 prior to July 1, 1997, by the board of trustees of a county 46 11 hospital appointed or elected pursuant to section 347.11 or 46 12 347A.1, is valid, legal, and binding if the action is 46 13 challenged solely on the basis that a member or members of the 46 14 board failed to take the oath of office within the time period 46 15 provided in section 347.11 or 347A.1. 46 16 Sec. 95. IMMEDIATE EFFECTIVE DATE. New Code section 39.1A 46 17 and amendments to Code sections 48A.22, 48A.26 through 48A.29, 46 18 49.13, 49.16, 49.25, 50.48, 52.33, 52.35 through 52.38, 52.40, 46 19 53.2, 53.19, 62.1, 62.2, 62.9, 69.14A, 277.4, and 372.13 in 46 20 this Act, being deemed of immediate importance, take effect 46 21 upon enactment. 46 22 46 23 46 24 46 25 RON J. CORBETT 46 26 Speaker of the House 46 27 46 28 46 29 46 30 MARY E. KRAMER 46 31 President of the Senate 46 32 46 33 I hereby certify that this bill originated in the House and 46 34 is known as House File 636, Seventy-seventh General Assembly. 46 35 47 1 47 2 47 3 ELIZABETH ISAACSON 47 4 Chief Clerk of the House 47 5 Approved , 1997 47 6 47 7 47 8 47 9 TERRY E. BRANSTAD 47 10 Governor
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