Text: S03659 Text: S03661 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 448 as follows: 1 2 #1. Page 1, by inserting after line 8 the 1 3 following: 1 4 "This section does not prohibit the governing body 1 5 of a city or county from adopting an ordinance 1 6 providing for elections on matters under the 1 7 jurisdiction of the governing body. 1 8 Sec. ___. Section 43.6, subsection 1, Code 1997, 1 9 is amended to read as follows: 1 10 1. When a vacancy occurs in the office of senator 1 11 in the Congress of the United States,lieutenant1 12governor,secretary of state, auditor of state, 1 13 treasurer of state, secretary of agriculture, or 1 14 attorney general and section 69.13 requires that the 1 15 vacancy be filled for the balance of the unexpired 1 16 term at a general election, candidates for the office 1 17 shall be nominated in the preceding primary election 1 18 if the vacancy occurs eighty-nine or more days before 1 19 the date of that primary election. If the vacancy 1 20 occurs less than one hundred four days before the date 1 21 of that primary election, the state commissioner shall 1 22 accept nomination papers for that office only until 1 23 five o'clock p.m. on the seventy-fourth day before 1 24 the primary election, the provisions of section 43.11 1 25 notwithstanding. If the vacancy occurs later than 1 26 eighty-nine days before the date of that primary 1 27 election, but not less than eighty-nine days before 1 28 the date of the general election, the nominations 1 29 shall be made in the manner prescribed by this chapter 1 30 for filling vacancies in nominations for offices to be 1 31 voted for at the general election." 1 32 #2. Page 1, by inserting after line 21 the 1 33 following: 1 34 "Sec. ___. Section 43.79, Code 1997, is amended to 1 35 read as follows: 1 36 43.79 DEATH OF CANDIDATE AFTER TIME FOR 1 37 WITHDRAWAL. 1 38 The death of a candidate nominated as provided by 1 39 law for any office to be filled at a general election, 1 40 during the period beginning on the eighty-eighth day 1 41 before the general election, in the case of any 1 42 candidate whose nomination papers were filed with the 1 43 state commissioner, or beginning on the seventy-third 1 44 day before the general election, in the case of any 1 45 candidate whose nomination papers were filed with the 1 46 commissioner, and ending on the last day before the 1 47 general election shall not operate to remove the 1 48 deceased candidate's name from the general election 1 49 ballot. If the deceased candidate was seeking the 1 50 office of senator or representative in the Congress of 2 1 the United States, governor,lieutenant governor,2 2 attorney general, senator or representative in the 2 3 general assembly or county supervisor, section 49.58 2 4 shall control. If the deceased candidate was seeking 2 5 any other office, and as a result of the candidate's 2 6 death a vacancy is subsequently found to exist, the 2 7 vacancy shall be filled as provided by chapter 69." 2 8 #3. Page 4, line 2, by inserting after the word 2 9 "filing." the following: "This section does not apply 2 10 to the deadline for voter registration under section 2 11 48A.9, subsection 2." 2 12 #4. Page 22, by inserting before line 1 the 2 13 following: 2 14 "Sec. ___. Section 49.58, unnumbered paragraph 1, 2 15 Code 1997, is amended to read as follows: 2 16 If any candidate nominated by a political party, as 2 17 defined in section 43.2, for the office of senator or 2 18 representative in the Congress of the United States, 2 19 governor,lieutenant governor,attorney general, or 2 20 senator or representative in the general assembly dies 2 21 during the period beginning on the eighty-eighth day 2 22 and ending on the last day before the general 2 23 election, or if any candidate so nominated for the 2 24 office of county supervisor dies during the period 2 25 beginning on the seventy-third day and ending on the 2 26 last day before the general election, the vote cast at 2 27 the general election for that office shall not be 2 28 canvassed as would otherwise be required by chapter 2 29 50. Instead, a special election shall be held on the 2 30 first Tuesday after the second Monday in December, for 2 31 the purpose of electing a person to fill that office." 2 32 #5. Page 28, by inserting after line 13 the 2 33 following: 2 34 "Sec. ___. NEW SECTION. 50.50 ADMINISTRATIVE 2 35 RECOUNTS. 2 36 The commissioner who was responsible for conducting 2 37 an election may request an administrative recount when 2 38 the commissioner suspects that voting equipment used 2 39 in the election malfunctioned or that programming 2 40 errors may have affected the outcome of the election. 2 41 An administrative recount shall be conducted by the 2 42 board of the special precinct established by section 2 43 53.23. Bond shall not be required for an 2 44 administrative recount. The state commissioner may 2 45 adopt rules for administrative recounts. 2 46 If the recount board finds that there is an error 2 47 in the programming of any voting equipment which may 2 48 have affected the outcome of the election for any 2 49 office or public measure on the ballot, the recount 2 50 board shall describe the errors in its report to the 3 1 commissioner. The commissioner shall notify the board 3 2 of supervisors. The supervisors shall determine 3 3 whether to order an administrative recount for any or 3 4 all of the offices and public measures on the ballot." 3 5 #6. Page 32, by inserting after line 3 the 3 6 following: 3 7 "Sec. ___. Section 53.11, Code 1997, is amended by 3 8 adding the following new unnumbered paragraph: 3 9 NEW UNNUMBERED PARAGRAPH. A petition requesting a 3 10 satellite absentee voting station must be filed by the 3 11 following deadlines: 3 12 1. For a primary or general election, no later 3 13 than five p.m. on the forty-seventh day before the 3 14 election. 3 15 2. For the regular city election, no later than 3 16 five p.m. on the thirtieth day before the election. 3 17 3. For the regular school election, no later than 3 18 five p.m. on the thirtieth day before the election. 3 19 4. For a special election, no later than thirty- 3 20 two days before the special election. 3 21 Sec. ___. Section 53.11, unnumbered paragraph 2, 3 22 Code 1997, is amended to read as follows: 3 23 Satellite absentee voting stations shall be 3 24 established throughout the cities and county at the 3 25 direction of the commissioner or upon receipt of a 3 26 petition signed by not less than one hundred eligible 3 27 electors requesting that a satellite absentee voting 3 28 station be established at a location to be described 3 29 on the petition.A petition requesting a satellite3 30absentee voting station must be filed no later than3 31five p.m. on the eleventh day before the election.A 3 32 satellite absentee voting station established by 3 33 petition must be open at least one dayfrom eight a.m.3 34until five p.mfor a minimum of six hours. A 3 35 satellite absentee voting station established at the 3 36 direction of the commissioner or by petition may 3 37 remain open until five p.m. on the day before the 3 38 election." 3 39 #7. Page 32, by inserting after line 17 the 3 40 following: 3 41 "Sec. ___. Section 53.23, subsection 3, Code 1997, 3 42 is amended to read as follows: 3 43 3. The commissioner shall set the convening time 3 44 for the board, allowing a reasonable amount of time to 3 45 complete counting all absentee ballots by ten p.m. on 3 46 election day. The commissioner may direct the board 3 47 to meet on the dayprior tobefore the election solely 3 48 for the purpose of reviewing the absentee voters' 3 49 affidavits appearing on the sealed ballot envelopes 3 50if. If, in the commissioner's judgment this procedure 4 1 is necessary due to the number of absentee ballots 4 2 received, the members of the board may open the sealed 4 3 ballot envelopes and remove the secrecy envelope 4 4 containing the ballot, but under no circumstances 4 5 shall asealed ballotsecrecy envelope be opened 4 6 before the board convenes on election day. If the 4 7 ballot envelopes are opened before election day, two 4 8 observers appointed by each of the two political 4 9 parties referred to in section 49.13, subsection 2, 4 10 shall witness the proceedings. 4 11 If the board finds any ballot not enclosed in a 4 12 secrecy envelope, the two special precinct election 4 13 officials, one from each of the two political parties 4 14 referred to in section 49.13, subsection 2, shall 4 15 place the ballot in a secrecy envelope and seal the 4 16 envelope. No one shall examine the ballot. Each of 4 17 the special precinct election officials shall sign the 4 18 secrecy envelope." 4 19 #8. Page 34, by inserting after line 19 the 4 20 following: 4 21 "Sec. ___. Section 69.13, unnumbered paragraph 1, 4 22 Code 1997, is amended to read as follows: 4 23 If a vacancy occurs in the office of senator in the 4 24 Congress of the United States,lieutenant governor,4 25 secretary of state, auditor of state, treasurer of 4 26 state, secretary of agriculture, or attorney general 4 27 eighty-nine or more days before a general election, 4 28 and the unexpired term in which the vacancy exists has 4 29 more than seventy days to run after the date of that 4 30 general election, the vacancy shall be filled for the 4 31 balance of the unexpired term at that general election 4 32 and the person elected to fill the vacancy shall 4 33 assume office as soon as a certificate of election has 4 34 been issued and the person has qualified." 4 35 #9. Page 37, by inserting after line 10 the 4 36 following: 4 37 "Sec. ___. Section 347.11, Code 1997, is amended 4 38 to read as follows: 4 39 347.11 ORGANIZATION – MEETINGS – QUORUM. 4 40 Said trustees shall, within ten days after their4 41appointment or election,qualify by taking the usual 4 42 oath of office as provided in chapter 63, but no bond 4 43 shall be required of them, except as hereafter 4 44 provided, and organize by the election of one of their 4 45 number as chairperson and one as secretary, and one as 4 46 treasurer. The secretary and treasurer shall each 4 47 file with the chairperson of the board a surety bond 4 48 in such penal sum as the board of trustees may require 4 49 and with sureties to be approved by the board for the 4 50 use and benefit of the county public hospital. The 5 1 reasonable cost of such bonds shall be paid from 5 2 operating funds of the hospital. The secretary shall 5 3 report to the county auditor and treasurer the names 5 4 of the chairperson, secretary and treasurer of the 5 5 board of hospital trustees as soon as practicable 5 6 after the qualification of each. Said board shall 5 7 meet at least once each month. Four members of said 5 8 board shall constitute a quorum for the transaction of 5 9 business. The secretary shall keep a complete record 5 10 of its proceedings. 5 11 Sec. ___. Section 347A.1, unnumbered paragraph 2, 5 12 Code 1997, is amended to read as follows: 5 13 The trustees shall hold office until the next 5 14 succeeding election, at which time their successors 5 15 shall be elected, two for a term of two years, two for 5 16 a term of four years and one for a term of six years, 5 17 and thereafter their successors shall be elected for 5 18 regular terms of six years each. Vacancies in the 5 19 board of trustees may be filled in the same manner as 5 20 original appointments, to hold office until the 5 21 vacancies are filled pursuant to section 69.12. The 5 22 trustees, within ten days after their appointment or5 23election,shall qualify by taking the usual oath of 5 24 office as provided in chapter 63, but no bond shall be 5 25 required of them. The trustees shall receive no 5 26 compensation but shall be reimbursed for all expenses 5 27 incurred by them with the approval of the board of 5 28 trustees in the performance of their duties. The 5 29 board first appointed shall organize promptly 5 30 following its appointment, and shall serve until 5 31 successors are elected and qualified; thereafter no 5 32 later than December 1 of each year the board shall 5 33 reorganize by the appointment of a chairperson, 5 34 secretary, and treasurer. The secretary and treasurer 5 35 shall each file with the chairperson of the board a 5 36 surety bond in the amount the board of trustees 5 37 requires, with sureties to be approved by the board of 5 38 trustees, for the use and benefit of the county 5 39 hospital. The reasonable cost of the bonds shall be 5 40 paid from the operating funds of the hospital. The 5 41 secretary shall report to the county auditor and the 5 42 county treasurer the names of the chairperson, 5 43 secretary, and treasurer of the board as soon as 5 44 practicable after the appointment of each." 5 45 #10. Page 39, by inserting after line 31 the 5 46 following: 5 47 "Sec. ___. HOSPITAL BOARDS OF TRUSTEES. Any 5 48 action taken prior to July 1, 1997, by the board of 5 49 trustees of a county hospital appointed or elected 5 50 pursuant to section 347.11 or 347A.1, is valid, legal, 6 1 and binding if the action is challenged solely on the 6 2 basis that a member or members of the board failed to 6 3 take the oath of office within the time period 6 4 provided in section 347.11 or 347A.1." 6 5 #11. By renumbering as necessary. 6 6 6 7 6 8 6 9 MARY LUNDBY 6 10 SF 448.206 77 6 11 sc/jj/28
Text: S03659 Text: S03661 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Apr 28 03:44:09 CDT 1997
URL: /DOCS/GA/77GA/Legislation/S/03600/S03660/970421.html
jhf