Text: HF00635                           Text: HF00637
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 636

Partial Bill History

• Bill Introduced: H.J. 600
• Passed House: H.J. 772 H.J. 1637
• Passed Senate: S.J. 1488
• Signed by Governor: H.J. 9999
• Complete Bill History

Bill Text

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 which the
  2 18 tickets of the several political parties federal 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, lieutenant
  3  1 governor, 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 than twenty
  3 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 than twenty twenty-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.  The Except 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  8    c.  Bids shall not be required for legal services or the
  6  9 printing 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 20 The commissioner shall also file a copy of the bid
  6 21 specifications in the office of the state commissioner for a
  6 22 period 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 providing mail registration forms at 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 28 first class nonforwardable 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 forwardable first class mail, 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 forwardable first class mail,
  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 registration
  9  5 form 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 by first class forwardable 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 26 first class forwardable 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 forwardable first class mail,
  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 forwardable first class mail,
 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 also
 11 15 of the.  If a counting board authorized by chapter 51 if one
 11 16 is appointed, with the 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 10    1.  For judicial elections, separate ballots or headings
 14 11 shall 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 it
 14 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, and the township offices, or either; one and
 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.  Separate Where paper ballots are used, separate paper
 15  4 ballots may shall be used for:
 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 for
 15 25 more than one nominee or candidate for a particular office,
 15 26 the The heading for that each office on the precinct ballot
 15 27 shall be immediately followed by a notation of stating, "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 the
 15 31 elector to write in the name of any person for whom the
 15 32 elector desires to vote for any office or nomination on the
 15 33 ballot.
 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  SINGLE SQUARE VOTING TARGET FOR CERTAIN PAIRED
 16 11 OFFICES.
 16 12    Upon the left-hand margin of each separate column of the
 16 13 ballot, immediately Immediately opposite the names of the each
 16 14 pair of candidates for president and vice president, a single
 16 15 square, the sides of which shall not be less than one-fourth
 16 16 of an inch in length, voting target shall be printed in front
 16 17 of next to the bracket enclosing the names of the candidates
 16 18 for president and vice president, and a separate square of the
 16 19 same size.  A single voting target shall be printed in front
 16 20 of next 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 certified to by the election
 16 23 board as a team.  Write-in votes may shall also be tabulated
 16 24 for each office separately as 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.  Each Where
 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 34 on for each political party ticket shall appear in the order
 17 35 they appeared on the certificate, above or to the left of the
 18  1 nonparty political organization tickets candidates.
 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 listed below or to the
 18  7 right of after 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 in section sections
 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 49.43 and, 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 amendment           Yes   
 21 26 to the Constitution (or public meas-       No    
 21 27 ure) be adopted?
 21 28 [  ]  Yes
 21 29 [  ]  No
 21 30    (Here insert the summary, if it be is 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 by a cross making 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 proper square target.
 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 ballots on such for public measures
 22 14 shall be printed the following:
 22 15    [Notice to voters.  For an affirmative vote upon To vote to
 22 16 approve any question submitted upon on this ballot, make a
 22 17 cross (X) mark or check (/) in the square target after the
 22 18 word "Yes".  For a negative To vote against a question make a
 22 19 similar mark in the square target 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 on plain white paper uniform in color,
 22 27 through which the printing or writing cannot be read.
 22 28    2.  The In the area of the general election ballot for
 22 29 straight-party voting, the party name names shall be printed
 22 30 in capital letters of uniform size, in not less than one-
 22 31 fourth of an inch in height twelve 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 than one-eighth, nor more than one-fourth of an inch in height
 23  3 ten point type.
 23  4    4.  A On 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, shall may 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 outside A portion of the ballot, so as to appear
 23 14 when folded which can be shown to the precinct officials
 23 15 without revealing any of the marks made by the voter, shall be
 23 16 printed include 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, lieutenant
 23 28 governor, 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 mark shall used on paper ballots
 24 11 may be a cross or check which shall be placed in the circle at
 24 12 the head of a ticket, or in the squares voting 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 election appear
 24 34 upon the same ticket were nominated by the same political
 24 35 party or nonparty political organization, and the voter
 25  1 desires to vote for all candidates whose names appear upon
 25  2 such ticket nominated 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 may place a cross or check in the circle at
 25  5 the top of such ticket mark 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 without making a cross or check in marking any square beneath
 25  9 said circle voting target next to the name of a candidate
 25 10 nominated by the party or organization.
 25 11    2.  The voter may place a cross or check in the square
 25 12 opposite the name of each such candidate without making any
 25 13 cross or check in the circle at the top of such ticket.
 25 14    3. 2.  The voter may place a cross or check in the circle
 25 15 at the top of such ticket mark 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 also a cross or check in mark any or all of the squares
 25 19 beneath said circle voting 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 vote appear upon a single ticket were 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 candidates whose names appear thereon nominated by the party
 25 29 or organization, the voter shall place a cross or check in the
 25 30 square opposite mark the voting target next to the name of
 25 31 each such candidate for whom the voter desires to vote without
 25 32 making any cross or check in the circle at the top of such
 25 33 ticket marking 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    49.96  GROUP CANDIDATES FOR OFFICES OF SAME CLASS OFFICES
 26  4 WITH MORE THAN ONE PERSON TO BE ELECTED.
 26  5    Where two or more offices of the same class are to be
 26  6 filled more than one person is to be elected to the same
 26  7 office at the same election, and all of the candidates for
 26  8 such offices, that office for whom the voter desires to vote,
 26  9 appear upon the voter's party ticket at the top of which the
 26 10 voter has marked a cross or check in the circle were 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 for such
 26 14 candidate; but if the name of any candidate for whom the voter
 26 15 desires to vote for such office appears upon a different
 26 16 ticket, then as to such group of candidates the cross or check
 26 17 in the circle does not apply and to indicate the voter's
 26 18 choice the voter must place a cross or check in the square
 26 19 opposite the name of each such candidate for whom the voter
 26 20 desires to vote whether the same appears under such marked
 26 21 circle or not that 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 vote do were not appear upon nominated by the same ticket
 26 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 may place a cross or check in the circle at
 27  1 the top of a ticket on mark a straight party or organization
 27  2 vote for the party or nonparty political organization which
 27  3 the names of nominated some of the candidates for whom the
 27  4 voter desires to vote appear and also a cross or check in the
 27  5 square opposite the name of each other candidate of the
 27  6 voter's choice, whose name appears upon some ticket other than
 27  7 the one in which the voter has marked the circle at the top
 27  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 may place a cross or check in the square
 27 12 opposite the name of each candidate for whom the voter desires
 27 13 to vote for each candidate separately without placing any
 27 14 cross or check in any circle marking 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 the markings
 27 20 thereon, 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 ballot
 27 24 the vote for that office shall not be counted for such office.
 27 25 When there is a conflict between the cross or check in the
 27 26 circle on a straight party or organization vote for one ticket
 27 27 political party or nonparty political organization and the
 27 28 cross or check in the square on vote cast by marking the
 27 29 voting target next to the name of a candidate for another
 27 30 ticket political party or nonparty political organization on
 27 31 the ballot, the cross or check in the square mark next to the
 27 32 name of the candidate shall be held to control, and the cross
 27 33 or check in the circle in such straight 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 than as authorized in sections 49.92 to 49.97, and in such
 28  2 manner as to show that.  A ballot shall be rejected if the
 28  3 voter employed such used a mark for the purpose of identifying
 28  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 also insert in writing in the proper place
 28  8 write on the line provided for write-in votes the name of any
 28  9 person for whom the voter desires to vote and place a cross or
 28 10 check in the square mark 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 a cross or check mark 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 a
 28 19 cross or check in a square Marking the voting target opposite
 28 20 a blank write-in line without writing a name in on the blank,
 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 26    Any A voter who shall spoil spoils a ballot may, on
 28 27 returning the same return the spoiled ballot to the precinct
 28 28 election officials, and receive another in place thereof, but
 28 29 ballot.  However, no a voter shall not receive more than three
 28 30 ballots, including the one first delivered.  None but Only
 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 rate specified in
 29 11 section 70A.9 determined 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 24 one from each of the two leading political parties, who shall
 29 25 be 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 to 49.42 49.41, 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 and sent immediately to the state
 32 15 commissioner kept 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 into three-
 32 25 person two-person teams.  Each team shall consist of no more
 32 26 than two people 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 devices
 33 21 shall be tested at the polling place where they are to be
 33 22 used.  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 voted throughout the day along 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 who have had not yet
 34  9 placed their ballots in the ballot container when it was
 34 10 sealed.  The officers shall replace the ballot container
 34 11 containing the voted ballots with an empty ballot container,
 34 12 to 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 satellite
 35 26 absentee voting station must be filed no later than five p.m.
 35 27 on the eleventh day before the election.  A satellite absentee
 35 28 voting station established by petition must be open at least
 35 29 one day from eight a.m. until five p.m for 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 not voted returned it, may surrender the unmarked
 36  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 day prior
 36 18 to before the election solely for the purpose of reviewing the
 36 19 absentee voters' affidavits appearing on the sealed ballot
 36 20 envelopes if.  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 a sealed ballot
 36 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 35 be thus constituted:  The chairperson of the board of
 38  1 supervisors shall be the presiding officer, and consist of one
 38  2 person named by the contestant and one person named by the
 38  3 incumbent may each name a person who shall be associated with
 38  4 the 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 18    The contestant and incumbent shall each file in the
 38 19 auditor's office, on or before the day of trial, a written
 38 20 nomination of one associate judge of the contested election,
 38 21 who Judges shall be sworn in the same manner and form as trial
 38 22 jurors are sworn in trials of civil actions; if either the
 38 23 contestant or the incumbent fails to nominate, the presiding
 38 24 judge shall appoint for that person.  When either of the
 38 25 nominated judges a 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    The chairperson of the board of supervisors presiding judge
 38 32 shall thereupon fix a day for the trial, not more than thirty
 38 33 nor less than twenty days 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 22 whichever 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 least thirty thirty-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 15 whichever 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 28 committee supervisors shall order the special election at the
 40 29 earliest practicable date, but giving at least thirty thirty-
 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 for an at-large a 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.  Authorize the establishment or abandonment of director
 41 33 districts or a change of boundaries of director districts a
 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 7 of this section is 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 7 of this section within
 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 their
 42 12 appointment 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 ten
 43  4 days 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 shall proclaim publish notice of the date that a
 43 27 special city election to will be held within sixty days to
 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  3 whichever 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 days nor and 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 presiding
 46  3 officer of the court for the trial of a nomination or election
 46  4 contest, except that if the mayor's nomination or election is
 46  5 contested, the council shall elect one of its members other
 46  6 than 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
     

Text: HF00635                           Text: HF00637
Text: HF00600 - HF00699                 Text: HF Index
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