Text: HF02494 Text: HF02496 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2495 1 2 1 3 AN ACT 1 4 RELATING TO THE CONDUCT OF ELECTIONS IN THE STATE. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 39.2, subsection 1, unnumbered 1 9 paragraph 1, Code 1997, is amended to read as follows: 1 10 All special elections which are authorized or required by 1 11 law, unless the applicable law otherwise requires, shall be 1 12 held on Tuesday. A special election shall not be held on the 1 13 first,andsecond, and third Tuesdays preceding and following 1 14 the primary and the general elections. 1 15 Sec. 2. Section 44.4, subsection 3, Code Supplement 1997, 1 16 is amended to read as follows: 1 17 3. Those filed with the city clerk, at least forty-two 1 18 days before themunicipalregularly scheduled or special city 1 19 election. However, for those cities that may be required to 1 20 hold a primary election, at least sixty-three days before the 1 21 regularly scheduled or special city election. 1 22 Sec. 3. Section 44.9, subsection 6, Code 1997, is amended 1 23 to read as follows: 1 24 6. In the office of the proper city clerk, at least forty- 1 25 two days before the regularly scheduled or special city 1 26 election. However, for those cities that may be required to 1 27 hold a primary election, at least sixty-three days before a 1 28 regularly scheduled or special city election. 1 29 Sec. 4. Section 49.12, Code 1997, is amended to read as 1 30 follows: 1 31 49.12 ELECTION BOARDS. 1 32 There shall be appointed in each election precinct an 1 33 election board which shall ordinarily consist of three or five 1 34 precinct election officials.However, in precincts using only1 35one voting machine at any one time, and in precincts voting by2 1paper ballot where no more than three hundred fifty persons2 2cast ballots in the last preceding similar election, the board2 3shall consist of three precinct election officials; and in2 4precincts using more than two voting machines one additional2 5precinct election official may be appointed for each such2 6additional machine.At the commissioner's discretion, 2 7 additional precinct election officials may be appointed to 2 8 work at any election. Double election boards may be appointed 2 9 for any precinct as provided by chapter 51. Not more than a 2 10 simple majority of the members of the election board in any 2 11 precinct, or of the two combined boards in any precinct for 2 12 which a double election board is appointed, shall be members 2 13 of the same political party or organization if one or more 2 14 registered voters of another party or organization are 2 15 qualified and willing to serve on the board. 2 16If double counting boards are not appointed for precincts2 17using paper ballots and using only three precinct election2 18officials, a fourth precinct election official shall be2 19appointed from the election board panel to serve beginning at2 20the time the polls close to assist in counting the paper2 21ballots.2 22 Sec. 5. Section 49.53, unnumbered paragraph 1, Code 1997, 2 23 is amended to read as follows: 2 24 The commissioner shall not less than four nor more than 2 25 twenty days before the day of each election, except those for 2 26 which different publication requirements are prescribed by 2 27 law, publish notice of the election. The notice shall contain 2 28 a facsimile of the portion of the ballot containing the first 2 29 rotation as prescribed by section 49.31, subsection 2, and 2 30 shall show the names of all candidates or nominees and the 2 31 office each seeks, and all public questions, to be voted upon 2 32 at the election. The sample ballot published as a part of the 2 33 notice may at the discretion of the commissioner be reduced in 2 34 size relative to the actual ballot but such reduction shall 2 35 not cause upper case letters appearing on the published sample 3 1 ballot to be less than five thirty-sixths of an inch high in 3 2 candidates' names or in summaries of public measures. The 3 3 notice shall also state the date of the election, the hours 3 4 the polls will be open, the location of each polling place at 3 5 which voting is to occur in the election, the location of the 3 6 polling places designated as early ballot pick-up sites, and 3 7 the names of the precincts voting at each polling place, but 3 8 the statement need not set forth any fact which is apparent 3 9 from the portion of the ballot appearing as a part of the same 3 10 notice. The notice shall include the full text of all public 3 11 measures to be voted upon at the election. The notice shall 3 12 also include notice of testing required pursuant to sections 3 13 52.9, 52.35, and 52.38. 3 14 Sec. 6. Section 49.77, subsection 4, Code 1997, is amended 3 15 by adding the following new unnumbered paragraph: 3 16 NEW UNNUMBERED PARAGRAPH. A person who has been sent an 3 17 absentee ballot by mail but for any reason has not received it 3 18 shall be permitted to cast a ballot in person pursuant to 3 19 section 53.19 and in the manner prescribed by section 49.81. 3 20 Sec. 7. Section 52.9, unnumbered paragraph 2, Code 1997, 3 21 is amended to read as follows: 3 22 It shall be the duty of the commissioner or the 3 23 commissioner's duly authorized agents to examine and test the 3 24 voting machines to be used at any election, after the machines 3 25 have been prepared for the election and not less than twelve 3 26 hours before the opening of the polls on the morning of the 3 27 election.TheFor any election to fill a partisan office, the 3 28 county chairperson of each political party referred to in 3 29 section 49.13 shall be notified in writing of the time said 3 30 machines shall be examined and tested so that they may be 3 31 present, or have a representative present. For every 3 32 election, the commissioner shall include the notice in the 3 33 notice of the election published as required by section 49.53. 3 34 Those present for the examination and testing shall sign a 3 35 certificate which shall read substantially as follows: 4 1 Sec. 8. Section 52.9, unnumbered paragraph 3, Code 1997, 4 2 is amended to read as follows: 4 3 The Undersigned Hereby Certify that, having duly qualified, 4 4 we were present and witnessed the testing and preparation of 4 5 the following voting machines; that we believe the same to be 4 6 in proper condition for use in the election of 4 7 .................. 19..; that each registering counter of the 4 8 machine is set at 000; that the public counter is set at 000; 4 9 that the seal numbers and the protective counter numbers are 4 10 as indicated below. 4 11 Signed: 4 12 .................... 4 13 Republican (if applicable) 4 14 .................... 4 15 Democrat (if applicable) 4 16 .................... 4 17 .................... 4 18 Voting machine custodian 4 19 Dated......19... 4 20 Machine Protective Seal 4 21 Number Counter Number 4 22 Number 4 23 ...... ...... .................... 4 24 ...... ...... .................... 4 25 ...... ...... .................... 4 26 ...... ...... .................... 4 27 Sec. 9. Section 52.35, subsections 1 and 2, Code 4 28 Supplement 1997, are amended to read as follows: 4 29 1.TheFor any election to fill a partisan office, the 4 30 county chairperson of each political party shall be notified 4 31 in writing of the time the test will be conducted, so that 4 32 they may be present or have a representative present.TheFor 4 33 every election, the commissionermay alsoshall include such 4 34 notice in the notice of the election published as required by 4 35 section 49.53. The test shall be open to the public. 5 1 2. The test shall be conducted by processing a preaudited 5 2 group of ballots punched or marked so as to record a 5 3 predetermined number of valid votes for each candidate, and on 5 4 each public question, on the ballot. The test group shall 5 5 include for each office and each question one or more ballots 5 6 having votes in excess of the number allowed by law for that 5 7 office or question, in order to test the ability of the 5 8 automatic tabulating equipment to reject such votes.The5 9county chairperson of a political partyAny observer may 5 10 submit an additional test group of ballots which, if so 5 11 submitted, shall also be tested. The state commissioner shall 5 12 promulgate administrative rules establishing procedures for 5 13 any additional test group of ballots submitted by an observer. 5 14 If any error is detected, its cause shall be ascertained and 5 15 corrected and an errorless count obtained before the automatic 5 16 tabulating equipment is approved. When so approved, a 5 17 statement attesting to the fact shall be signed by the 5 18 commissioner and kept with the records of the election. 5 19 Sec. 10. Section 52.38, Code Supplement 1997, is amended 5 20 to read as follows: 5 21 52.38 TESTING PORTABLE TABULATING DEVICES. 5 22 All portable tabulating devices shall be tested before any 5 23 election in which they are to be used following the procedure 5 24 in section 52.35, subsection 2. Testing shall be completed 5 25 not later than twelve hours before the opening of the polls on 5 26 the morning of the election.TheFor any election to fill a 5 27 partisan office, the chairperson of each political party shall 5 28 be notified in writing of the time the devices will be tested 5 29 so that the chairperson or a representative may be present. 5 30 For every election, the commissioner shall include the notice 5 31 in the notice of the election published as required by section 5 32 49.53. Those present for the test shall sign a certificate 5 33 which shall read substantially as follows: 5 34 The undersigned certify that we were present and witnessed 5 35 the testing of the portable tabulating devices in the 6 1 following precincts, that we believe the devices are in proper 6 2 condition for use in the election of ........, 19...; that 6 3 following the test the vote totals were erased from the memory 6 4 of each portable tabulating device and a report was produced 6 5 showing that all vote totals in the memory were set at 0000; 6 6 that the devices were securely locked or sealed; and that the 6 7 serial numbers and locations of the devices which were tested 6 8 are listed below. 6 9 Signed .................... 6 10 (name and political party affiliation, 6 11 if applicable) 6 12 .................... 6 13 (name and political party affiliation, 6 14 if applicable) 6 15 .................... 6 16 Voting equipment custodian 6 17 Dated ........ 19.. 6 18 Precinct Location Serial Number 6 19 ..... ..... ..... 6 20 ..... ..... ..... 6 21 ..... ..... ..... 6 22 Sec. 11. Section 53.19, unnumbered paragraph 3, Code 6 23 Supplement 1997, is amended to read as follows: 6 24 However, any registered voter who has received an absentee 6 25 ballot and not returned it, may surrender the absentee ballot 6 26 to the precinct officials and vote in person at the polls. 6 27 The precinct officials shall mark the uncast absentee ballot 6 28 "void" and return it to the commissioner. Any registered 6 29 voter who has been sent an absentee ballot by mail but for any 6 30 reason has not received it may appear at the voter's precinct 6 31 polling place on election day and sign an affidavit to that 6 32 effect, after which the voter shall be permitted to vote in 6 33 person. Such voter shall cast a ballot in accordance with 6 34 section 49.81. The form of the affidavit for use in such 6 35 cases shall be prescribed by the state commissioner. 7 1 Sec. 12. Section 275.18, Code 1997, is amended by adding 7 2 the following new unnumbered paragraph: 7 3 NEW UNNUMBERED PARAGRAPH. The area education agency 7 4 administrator shall furnish to the commissioner a map of the 7 5 proposed reorganized area which must be approved by the 7 6 commissioner as suitable for posting. The map shall be 7 7 displayed prominently in at least four places within the 7 8 voting precinct, and inside each voting booth, or on the left- 7 9 hand side inside the curtain of each voting machine. 7 10 Sec. 13. Section 357B.2, Code 1997, is amended to read as 7 11 follows: 7 12 357B.2 BOARD OF TRUSTEES. 7 13 A benefited fire district shall be governed by a board of 7 14 trustees consisting of three members who shall serve 7 15 overlapping, three-year terms. Each trustee shall give bond 7 16 in an amount to be determined by the board of supervisors, the 7 17 premium for which shall be paid by the district of the 7 18 trustee. The members of the board of trustees shall be 7 19elected at an election or, if there are insufficient7 20candidates for the office,appointed by the board of 7 21 supervisors from among thequalified electorsregistered 7 22 voters of the district.Notice of the election shall be given7 23by publication in a newspaper having general circulation7 24within the district. The notice shall contain the date, time7 25and location of the election. The elections shall be7 26conducted in accordance with chapter 49 when such provisions7 27are not in conflict with this chapter. The precinct election7 28officials shall be appointed by the board of supervisors from7 29among the qualified electors of the district and shall serve7 30without pay.Any vacancy on the board shall be filled by 7 31 appointmentofby the board of supervisors for the unexpired 7 32 term. If a benefited fire district is located in more than 7 33 one county, joint action of the boards of supervisors of the 7 34 affected counties is required to appoint the members of the 7 35 board of trustees, to determine the amount of bond, or to 8 1 dissolve the district as provided in this chapter. 8 2 Sec. 14. Section 357G.9, Code 1997, is amended to read as 8 3 follows: 8 4 357G.9 TRUSTEES – TERM AND QUALIFICATION. 8 5 At the election, the names of up to three candidates for 8 6 trustee shall be written in by the voters on blank ballots 8 7 without formal nomination and the council shall appoint three 8 8 from among the five receiving the highest number of votes as 8 9 trustees for the district. One trustee shall be appointed to 8 10 serve for one year, one for two years, and one for three 8 11 years. The trustees and their successors must be residents of 8 12 the district and shall give bond in the amount required by the 8 13 council, the premium of which shall be paid by the district. 8 14 Vacancies shall be filled byelection, but if there are no8 15candidates for a trustee office, the vacancy may be filled by8 16 appointment by the council. The term of succeeding trustees 8 17 shall be three years. 8 18 Sec. 15. Section 364.2, subsection 4, paragraph a, Code 8 19 1997, is amended to read as follows: 8 20 a. A city may grant to any person a franchise to erect, 8 21 maintain, and operate plants and systems for electric light 8 22 and power, heating, telephone, telegraph, cable television, 8 23 district telegraph and alarm, motor bus, trolley bus, street 8 24 railway or other public transit, waterworks, or gasworks, 8 25 within the city for a term of not more than twenty-five years. 8 26 When considering whether to grant, amend, extend, or renew a 8 27 franchise, a city shall hold a public hearing on the question. 8 28 Notice of the time and place of the hearing shall be published 8 29 as provided in section 362.3. The franchise may be granted, 8 30 amended, extended, or renewed only by an ordinance, but no 8 31 exclusive franchise shall be granted, amended, extended, or 8 32 renewed. 8 33 Sec. 16. Section 368.19, Code 1997, is amended by adding 8 34 the following new unnumbered paragraph after unnumbered 8 35 paragraph 1: 9 1 NEW UNNUMBERED PARAGRAPH. The city shall provide to the 9 2 commissioner of elections a map of the area to be 9 3 incorporated, discontinued, annexed, severed, or consolidated, 9 4 which must be approved by the commissioner as suitable for 9 5 posting. The map shall be displayed prominently in at least 9 6 four places within the voting precinct, and inside each voting 9 7 booth, or on the left-hand side inside the curtain of each 9 8 voting machine. 9 9 Sec. 17. Section 39.5, Code Supplement 1997, is repealed. 9 10 Sec. 18. EFFECTIVE DATE. Section 17 of this Act, 9 11 repealing Code section 39.5, being deemed of immediate 9 12 importance, takes effect upon enactment. 9 13 Sec. 19. EFFECTIVE DATE. Section 14 of this Act, amending 9 14 section 357G.9, being deemed of immediate importance, takes 9 15 effect upon enactment. 9 16 9 17 9 18 9 19 RON J. CORBETT 9 20 Speaker of the House 9 21 9 22 9 23 9 24 MARY E. KRAMER 9 25 President of the Senate 9 26 9 27 I hereby certify that this bill originated in the House and 9 28 is known as House File 2495, Seventy-seventh General Assembly. 9 29 9 30 9 31 9 32 ELIZABETH ISAACSON 9 33 Chief Clerk of the House 9 34 Approved , 1998 9 35 10 1 10 2 10 3 TERRY E. BRANSTAD 10 4 Governor
Text: HF02494 Text: HF02496 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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