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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 217

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  39.1A  ELECTIONS AUTHORIZED.
  1  2    Only those public measures which are specifically
  1  3 authorized or required by state law to be put before the
  1  4 voters as a public measure shall be submitted to the voters at
  1  5 an official election.  Only those offices which are
  1  6 specifically authorized or required by state law to be filled
  1  7 by the voters at an election shall be placed on the ballot at
  1  8 an official election.
  1  9    Sec. 2.  Section 43.73, unnumbered paragraph 1, Code 1997,
  1 10 is amended to read as follows:
  1 11    Not less than sixty-nine days before the general election
  1 12 the state commissioner shall certify to each commissioner,
  1 13 under separate party headings, the name of each person
  1 14 nominated as shown by the official canvass made by the
  1 15 executive council, or as certified to the state commissioner
  1 16 by the proper persons when any person has been nominated by a
  1 17 convention or by a party committee, or by petition, the office
  1 18 to which the person is nominated, and the order in which the
  1 19 tickets of the several political parties federal and state
  1 20 offices, judges, constitutional amendments, and state public
  1 21 measures shall appear on the official ballot.
  1 22    Sec. 3.  Section 43.88, unnumbered paragraph 2, Code 1997,
  1 23 is amended to read as follows:
  1 24    Nominations made to fill vacancies at a special election
  1 25 shall be certified to the proper official not less than twenty
  1 26 twenty-five days prior to the date set for the special
  1 27 election.  In the event the special election is to fill a
  1 28 vacancy in the general assembly while it is in session or
  1 29 within forty-five days of the convening of any session, the
  1 30 nomination shall be certified not less than fourteen days
  1 31 before the date of the special election.
  1 32    Sec. 4.  Section 43.116, Code 1997, is amended by adding
  1 33 the following new subsection:
  1 34    NEW SUBSECTION.  3.  If a special election is held to fill
  1 35 a vacancy in an elective city office, nominations by political
  2  1 parties shall be made following the provisions of subsection
  2  2 2.
  2  3    Sec. 5.  Section 44.4, unnumbered paragraph 1, Code 1997,
  2  4 is amended to read as follows:
  2  5    Nominations made pursuant to this chapter and chapter 45
  2  6 which are required to be filed in the office of the state
  2  7 commissioner shall be filed in that office not more than
  2  8 ninety-nine days nor later than five p.m. on the eighty-first
  2  9 day before the date of the general election to be held in
  2 10 November.  Nominations made for a special election called
  2 11 pursuant to section 69.14 shall be filed by five p.m. not less
  2 12 than twenty twenty-five days before the date of an election
  2 13 called upon at least forty days' notice and not less than
  2 14 fourteen days before the date of an election called upon at
  2 15 least eighteen days' notice.  Nominations made for a special
  2 16 election called pursuant to section 69.14A shall be filed by
  2 17 five p.m. not less than twenty days before the date of the
  2 18 election.  Nominations made pursuant to this chapter and
  2 19 chapter 45 which are required to be filed in the office of the
  2 20 commissioner shall be filed in that office not more than
  2 21 ninety-two days nor later than five p.m. on the sixty-ninth
  2 22 day before the date of the general election.  Nominations made
  2 23 pursuant to this chapter or chapter 45 for city office shall
  2 24 be filed not more than seventy-two days nor later than five
  2 25 p.m. on the forty-seventh day before the city election with
  2 26 the city clerk, who shall process them as provided by law.
  2 27    Sec. 6.  Section 44.11, Code 1997, is amended to read as
  2 28 follows:
  2 29    44.11  VACANCIES FILLED.
  2 30    If a candidate named under this chapter withdraws before
  2 31 the deadline established in section 44.9, declines a
  2 32 nomination, or dies before election day, or if a certificate
  2 33 of nomination is held insufficient or inoperative by the
  2 34 officer with whom it is required to be filed, or in case any
  2 35 objection made to a certificate of nomination, or to the
  3  1 eligibility of any candidate named in the certificate, is
  3  2 sustained by the board appointed to determine such questions,
  3  3 the vacancy or vacancies may be filled by the convention, or
  3  4 caucus, or in such manner as such convention or caucus has
  3  5 previously provided.  The vacancy or vacancies shall be filled
  3  6 not less than seventy-four days before the election in the
  3  7 case of nominations required to be filed with the state
  3  8 commissioner, not less than sixty-four days before the
  3  9 election in the case of nominations required to be filed with
  3 10 the commissioner, not less than thirty-five days before the
  3 11 election in the case of nominations required to be filed in
  3 12 the office of the school board secretary, and not less than
  3 13 forty-two days before the election in the case of nominations
  3 14 required to be filed with the city clerk.
  3 15    Sec. 7.  NEW SECTION.  44.17  NONPARTY POLITICAL
  3 16 ORGANIZATIONS – NOMINATIONS BY PETITION.
  3 17    In lieu of holding a caucus or convention, a nonparty
  3 18 political organization may nominate by petition pursuant to
  3 19 chapter 45 not more than one candidate for any partisan office
  3 20 to be filled at the general election.
  3 21    The nonparty political organization may also file with the
  3 22 appropriate commissioner a list of the names and addresses of
  3 23 the organization's central committee members, and the
  3 24 chairperson and secretary of the organization.  The
  3 25 organization may also place on file a description of the
  3 26 method that the organization will follow to fill any vacancies
  3 27 resulting from the death, withdrawal, or disqualification of
  3 28 any of its candidates that were nominated by petition.  If
  3 29 this information is filed before the close of the filing
  3 30 period for the general election, substitutions may be made
  3 31 pursuant to section 44.11.
  3 32    Sec. 8.  NEW SECTION.  47.4  ELECTION FILING DEADLINES.
  3 33    If the deadline for a filing pertaining to an election
  3 34 falls on a day that the state or county commissioner's office
  3 35 is closed for business, the deadline shall be extended to the
  4  1 next day that the office of state commissioner or county
  4  2 commissioner is open for business to receive the filing.
  4  3    Sec. 9.  Section 47.5, subsection 1, Code 1997, is amended
  4  4 to read as follows:
  4  5    1.  The Except for legal services and printing of ballots,
  4  6 the commissioner shall take bids for goods and services which
  4  7 are needed in connection with registration of voters or
  4  8 preparation for or administration of elections and which will
  4  9 be performed or provided by persons who are not employees of
  4 10 the commissioner under the following circumstances:
  4 11    a.  In any case where it is proposed to purchase data
  4 12 processing services.  The commissioner shall give the
  4 13 registrar written notice in advance on each occasion when it
  4 14 is proposed to have data processing services, necessary in
  4 15 connection with the administration of elections, performed by
  4 16 any person other than the registrar or an employee of the
  4 17 county. Such notice shall be made at least thirty days prior
  4 18 to publication of the specifications.
  4 19    b.  In all other cases, where the cost of the goods or
  4 20 services to be purchased will exceed one thousand dollars.
  4 21    c.  Bids shall not be required for legal services or the
  4 22 printing of ballots.
  4 23    Sec. 10.  Section 47.5, subsection 2, Code 1997, is amended
  4 24 to read as follows:
  4 25    2.  When it is proposed to purchase any goods or services,
  4 26 other than data processing services, in connection with
  4 27 administration of elections, the commissioner shall publish
  4 28 notice to bidders, including specifications regarding the
  4 29 goods or services to be purchased or a description of the
  4 30 nature and object of the services to be retained, in a
  4 31 newspaper of general circulation in the county not less than
  4 32 fifteen days before the final date for submission of bids.
  4 33 The commissioner shall also file a copy of the bid
  4 34 specifications in the office of the state commissioner for a
  4 35 period of not less than twenty days prior to such final date.
  5  1 When competitive bidding procedures are used, the purchase of
  5  2 goods or services shall be made from the lowest responsible
  5  3 bidder which meets the specifications or description of the
  5  4 services needed or the commissioner may reject all bids and
  5  5 readvertise.  In determining the lowest responsible bidder,
  5  6 various factors may be considered, including but not limited
  5  7 to the past performance of the bidder relative to quality of
  5  8 product or service, the past experience of the purchaser in
  5  9 relation to the product or service, the relative quality of
  5 10 products or services, the proposed terms of delivery and the
  5 11 best interest of the county.
  5 12    Sec. 11.  Section 47.6, subsection 1, unnumbered paragraph
  5 13 2, Code 1997, is amended to read as follows:
  5 14    If the proposed date of the special election coincides with
  5 15 the date of a regularly scheduled election or previously
  5 16 scheduled special election, the notice shall be given no later
  5 17 than five p.m. on the last day on which nomination papers may
  5 18 be filed with the commissioner for the regularly scheduled
  5 19 election or previously scheduled special election, but in no
  5 20 case shall notice be less than thirty-two days before the
  5 21 election.  Otherwise, the notice shall be given at least
  5 22 thirty-two days in advance of the date of the proposed special
  5 23 election.  Upon receiving the notice, the commissioner shall
  5 24 promptly give written approval of the proposed date unless it
  5 25 appears that the special election, if held on that date, would
  5 26 conflict with a regular election or with another special
  5 27 election previously scheduled for that date.
  5 28    Sec. 12.  Section 48A.22, Code 1997, is amended to read as
  5 29 follows:
  5 30    48A.22  VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS.
  5 31    The secretary of state shall encourage volunteer
  5 32 organizations to undertake voter registration drives by
  5 33 providing mail registration forms at the cost of production.
  5 34    Sec. 13.  Section 48A.26, subsection 1, Code 1997, is
  5 35 amended to read as follows:
  6  1    1.  Within seven working days of receipt of a voter
  6  2 registration form or change of information in a voter
  6  3 registration record the commissioner shall send an
  6  4 acknowledgment to the registrant at the mailing address shown
  6  5 on the registration form.  The acknowledgment shall be sent by
  6  6 first class nonforwardable mail.
  6  7    Sec. 14.  Section 48A.27, subsection 4, paragraph b, Code
  6  8 1997, is amended to read as follows:
  6  9    b.  If the information provided by the vendor indicates
  6 10 that a registered voter has moved to another address within
  6 11 the county, the commissioner shall change the registration
  6 12 records to show the new residence address, and shall also mail
  6 13 a notice of that action to both the former and new addresses.
  6 14 The notice shall be sent by forwardable first class mail, and
  6 15 shall include a postage prepaid preaddressed return form by
  6 16 which the registered voter may verify or correct the address
  6 17 information.
  6 18    Sec. 15.  Section 48A.27, subsection 4, paragraph c,
  6 19 unnumbered paragraph 2, Code 1997, is amended to read as
  6 20 follows:
  6 21    The notice shall be sent by forwardable first class mail,
  6 22 and shall include a postage paid preaddressed return card on
  6 23 which the registered voter may state the registered voter's
  6 24 current address.  The notice shall contain a statement in
  6 25 substantially the following form:  "Information received from
  6 26 the United States postal service indicates that you are no
  6 27 longer a resident of, and therefore not eligible to vote in
  6 28 (name of county) County, Iowa.  If this information is not
  6 29 correct, and you still live in (name of county) County, please
  6 30 complete and mail the attached postage paid card at least ten
  6 31 days before the primary or general election and at least
  6 32 eleven days before any other election at which you wish to
  6 33 vote.  If the information is correct and you have moved,
  6 34 please contact a local official in your new area for
  6 35 assistance in registering there.  If you do not mail in the
  7  1 card, you may be required to show identification proving your
  7  2 residence in (name of county) County before being allowed to
  7  3 vote in (name of county) County.  If you do not return the
  7  4 card, and you do not vote in an election in (name of county)
  7  5 County, Iowa, on or before (date of second general election
  7  6 following the date of the notice) your name will be removed
  7  7 from the list of voters in that county.  To ensure you receive
  7  8 this notice, it is being sent to both your most recent
  7  9 registration address and to your new address as reported by
  7 10 the postal service."
  7 11    Sec. 16.  Section 48A.27, subsection 4, paragraph d, Code
  7 12 1997, is amended to read as follows:
  7 13    d.  If the information provided by the vendor indicates the
  7 14 registered voter has moved to another county within the state,
  7 15 the notice required by paragraph "c" shall include a statement
  7 16 that registration in the county of the person's current
  7 17 residence is required, and shall provide a mail registration
  7 18 form for the person to use.
  7 19    Sec. 17.  Section 48A.28, subsection 2, unnumbered
  7 20 paragraph 2, Code 1997, is amended to read as follows:
  7 21    A commissioner participating in the national change of
  7 22 address program, in the first quarter of each calendar year,
  7 23 shall send a notice and preaddressed, postage paid return card
  7 24 by first class forwardable mail to each registered voter whose
  7 25 name was not reported by the national change of address
  7 26 program and who has not voted, registered again, or reported a
  7 27 change to an existing registration during the preceding four
  7 28 calendar years.  The form and language of the notice and
  7 29 return card shall be specified by the state voter registration
  7 30 commission by rule.  A registered voter shall not be sent a
  7 31 notice and return card under this subsection more frequently
  7 32 than once in a four-year period.
  7 33    Sec. 18.  Section 48A.28, subsection 3, unnumbered
  7 34 paragraph 1, Code 1997, is amended to read as follows:
  7 35    For a commissioner who is not participating in the national
  8  1 change of address program, in February of each year the
  8  2 commissioner shall mail a confirmation notice to each
  8  3 registered voter in the county.  The notice shall be sent by
  8  4 first class forwardable mail.  The notice shall include a
  8  5 preaddressed, postage paid return card for the use of the
  8  6 registered voter or the recipient of the notice.  The card
  8  7 shall contain boxes for the recipient to check to indicate one
  8  8 of the following:
  8  9    Sec. 19.  Section 48A.29, subsection 1, unnumbered
  8 10 paragraph 2, Code 1997, is amended to read as follows:
  8 11    The notice shall be sent by forwardable first class mail,
  8 12 and shall include a postage paid preaddressed return card on
  8 13 which the registered voter may state the registered voter's
  8 14 current address.  The notice shall contain a statement in
  8 15 substantially the following form:  "Information received from
  8 16 the United States postal service indicates that you are no
  8 17 longer a resident of (residence address) in (name of county)
  8 18 County, Iowa.  If this information is not correct, and you
  8 19 still live in (name of county) County, please complete and
  8 20 mail the attached postage paid card at least ten days before
  8 21 the primary or general election and at least eleven days
  8 22 before any other election at which you wish to vote.  If the
  8 23 information is correct, and you have moved, please contact a
  8 24 local official in your new area for assistance in registering
  8 25 there.  If you do not mail in the card, you may be required to
  8 26 show identification proving your residence in (name of county)
  8 27 County before being allowed to vote in (name of county)
  8 28 County.  If you do not return the card, and you do not vote in
  8 29 some election in (name of county) County, Iowa, on or before
  8 30 (date of second general election following the date of the
  8 31 notice) your name will be removed from the list of voters in
  8 32 that county."
  8 33    Sec. 20.  Section 48A.29, subsection 3, unnumbered
  8 34 paragraph 2, Code 1997, is amended to read as follows:
  8 35    The notice shall be sent by forwardable first class mail,
  9  1 and shall include a postage paid preaddressed return card on
  9  2 which the registered voter may state the registered voter's
  9  3 current address.  The notice shall contain a statement in
  9  4 substantially the following form:  "Information received by
  9  5 this office indicates that you are no longer a resident of
  9  6 (residence address) in (name of county) County, Iowa.  If the
  9  7 information is not correct, and you still live at that
  9  8 address, please complete and mail the attached postage paid
  9  9 card at least ten days before the primary or general election
  9 10 and at least eleven days before any other election at which
  9 11 you wish to vote.  If the information is correct, and you have
  9 12 moved within the county, you may update your registration by
  9 13 listing your new address on the card and mailing it back.  If
  9 14 you have moved outside the county, please contact a local
  9 15 official in your new area for assistance in registering there.
  9 16 If you do not mail in the card, you may be required to show
  9 17 identification proving your residence in (name of county)
  9 18 County before being allowed to vote in (name of county)
  9 19 County.  If you do not return the card, and you do not vote in
  9 20 some election in (name of county) County, Iowa, on or before
  9 21 (date of second general election following the date of the
  9 22 notice) your name will be removed from the list of registered
  9 23 voters in that county."
  9 24    Sec. 21.  Section 49.13, subsection 4, Code 1997, is
  9 25 amended to read as follows:
  9 26    4.  The commissioner shall designate one member of each
  9 27 precinct election board as chairperson of that board, and also
  9 28 of the.  If a counting board authorized by chapter 51 if one
  9 29 is appointed, with the chairperson shall have authority over
  9 30 the mechanics of the work of both boards.  At the discretion
  9 31 of the commissioner, two people who are members of different
  9 32 political parties may be appointed as co-chairpersons.  The
  9 33 co-chairpersons shall have joint authority over the work of
  9 34 the precinct election board.
  9 35    Sec. 22.  Section 49.16, Code 1997, is amended by adding
 10  1 the following new subsection:
 10  2    NEW SUBSECTION.  5.  A person shall not serve on the
 10  3 precinct election board as a representative of a political
 10  4 party if the person has changed political party affiliation
 10  5 from that of the political party which selected the person to
 10  6 serve as a precinct election official.  If a precinct election
 10  7 official records a change of political party, the official's
 10  8 name shall be removed from the list of precinct election
 10  9 officials for that political party.  The chairperson of the
 10 10 political party shall be notified of the vacancy and may
 10 11 designate a replacement.  If the chairperson of another
 10 12 political party later designates the person as a precinct
 10 13 election official, the person may serve, if qualified.
 10 14    Sec. 23.  Section 49.20, Code 1997, is amended to read as
 10 15 follows:
 10 16    49.20  COMPENSATION OF MEMBERS.
 10 17    The members of election boards shall be deemed temporary
 10 18 state employees who are compensated by the county in which
 10 19 they serve, and shall receive compensation at a rate
 10 20 established by the board of supervisors, which shall be not
 10 21 less than three dollars and fifty cents per hour, while
 10 22 engaged in the discharge of their duties and shall be
 10 23 reimbursed for actual and necessary travel expense at a rate
 10 24 determined by the board of supervisors, except that persons
 10 25 who have advised the commissioner prior to their appointment
 10 26 to the election board that they are willing to serve without
 10 27 pay at elections conducted for any school district or a city
 10 28 of three thousand five hundred or less population, shall
 10 29 receive no compensation for service at those elections.
 10 30 Compensation shall be paid to members of election boards only
 10 31 after the vote has been canvassed and it has been determined
 10 32 in the course of the canvass that the election record
 10 33 certificate has been properly executed by the election board.
 10 34    Sec. 24.  Section 49.25, subsection 3, Code 1997, is
 10 35 amended to read as follows:
 11  1    3.  The commissioner shall furnish to each precinct where
 11  2 voting is to be by paper ballot, special paper ballot, or
 11  3 ballot card, rather than by voting machine, the necessary
 11  4 ballot boxes, suitably equipped with seals or locks and keys,
 11  5 and voting booths.  The voting booths shall be approved by the
 11  6 board of examiners for voting machines and electronic voting
 11  7 systems and shall provide for voting in secrecy.  At least one
 11  8 voting booth in each precinct shall be accessible to persons
 11  9 with disabilities.  If the lighting in the polling place is
 11 10 inadequate, the voting booths used in that precinct shall
 11 11 include lights.  Ballot boxes shall be locked or sealed before
 11 12 the polls open and shall remain locked or sealed until the
 11 13 polls are closed, except as provided in sections 51.7 and
 11 14 52.40, or to provide necessary service to a malfunctioning
 11 15 portable vote tallying device.  If a ballot box is opened
 11 16 prior to the closing of the polls, two precinct election
 11 17 officials not of the same party shall be present and observe
 11 18 the ballot box being opened.
 11 19    Sec. 25.  Section 49.25, Code 1997, is amended by adding
 11 20 the following new subsection:
 11 21    NEW SUBSECTION.  4.  Secrecy folders or sleeves shall be
 11 22 provided for use at any precinct where ballots are used which
 11 23 cannot be folded to obscure the marks made by the voters.
 11 24    Sec. 26.  Section 49.26, Code 1997, is amended to read as
 11 25 follows:
 11 26    49.26  COMMISSIONER TO DECIDE METHOD OF VOTING.
 11 27    1.  In all elections regulated by this chapter, the voting
 11 28 shall be by ballots printed and distributed as provided by
 11 29 law, or by voting machines meeting the requirements of chapter
 11 30 52.
 11 31    2.  When voting machines are available for an election
 11 32 precinct, the commissioner shall determine in advance of each
 11 33 election conducted for a city of three thousand five hundred
 11 34 or less population or any school district in which voting
 11 35 occurs in that precinct whether voting there shall be by
 12  1 machine or paper ballot.  If the commissioner concludes, on
 12  2 the basis of voter turnout for recent similar elections and
 12  3 factors considered likely to affect voter turnout for the
 12  4 forthcoming election, that voting will probably be so light as
 12  5 to make preparation and use of paper ballots less expensive
 12  6 than preparation and use of a voting machine, paper ballots
 12  7 shall be used.
 12  8    3.  In counties in which automatic tabulating equipment is
 12  9 available, the commissioner shall determine in advance of each
 12 10 election whether the ballots will be counted by the automatic
 12 11 tabulating equipment or by the precinct election officials.
 12 12 The commissioner may use ballots and instructions similar to
 12 13 those used when the ballots are counted by automatic
 12 14 tabulating equipment.
 12 15    Sec. 27.  Section 49.30, Code 1997, is amended to read as
 12 16 follows:
 12 17    49.30  ALL CANDIDATES ON ONE BALLOT – EXCEPTIONS.
 12 18    The names of all candidates, constitutional amendments, and
 12 19 public measures to be voted for in each election precinct,
 12 20 other than presidential electors, shall be printed on one
 12 21 ballot, except that separate ballots are authorized under the
 12 22 following circumstances:
 12 23    1.  For judicial elections, separate ballots or headings
 12 24 shall be used as required by section 46.22.
 12 25    1.  Where special paper ballots are used, if it is not
 12 26 possible to include all offices and public measures on a
 12 27 single ballot, separate ballots may be provided for
 12 28 nonpartisan offices, judges, or public measures.
 12 29    2.  At an election where voting machines are used, and it
 12 30 the following exceptions apply:
 12 31    a.  If it is impossible to place the names of all
 12 32 candidates on the machine ballot, the commissioner may provide
 12 33 a separate paper ballot for the candidates for judge of the
 12 34 district court, and the township offices, or either; one and
 12 35 the nonpartisan offices listed in section 39.21.  One of the
 13  1 paper ballots shall be furnished to each registered voter.
 13  2    b.  When a precinct has one or more offices or questions on
 13  3 the ballot in any election that may not be legally voted upon
 13  4 by all registered voters of the precinct, the commissioner
 13  5 shall use lockout devices operated by the precinct election
 13  6 officials to restrict each voter to the appropriate parts of
 13  7 the ballot.  However, if the voting machine does not have a
 13  8 lockout device, the commissioner may use one or more separate
 13  9 voting machines for each group of voters in the precinct.  If
 13 10 neither of the foregoing procedures is feasible, the
 13 11 commissioner shall prepare separate ballots for the candidates
 13 12 or questions which may not be legally voted upon by all
 13 13 registered voters of the precinct, and shall furnish a
 13 14 separate ballot box into which only those ballots shall be
 13 15 deposited.
 13 16    3.  Separate Where paper ballots are used, separate paper
 13 17 ballots may shall be used for:
 13 18    a.  For the election of township officers in precincts
 13 19 including both incorporated and unincorporated areas or more
 13 20 than one township.
 13 21    b.  For public measures.
 13 22    c.  For judges.
 13 23    Sec. 28.  Section 49.31, subsection 1, Code 1997, is
 13 24 amended by striking the subsection and inserting in lieu
 13 25 thereof the following:
 13 26    1.  All ballots shall be arranged with the names of
 13 27 candidates for each office listed below the office title.  For
 13 28 partisan elections the name of the political party or
 13 29 organization which nominated each candidate shall be listed
 13 30 after or below each candidate's name.
 13 31    The commissioner shall determine the order of political
 13 32 parties and nonparty political organizations on the ballot.
 13 33 The sequence shall be the same for each office on the ballot
 13 34 and for each precinct in the county voting in the election.
 13 35    Sec. 29.  Section 49.31, subsection 4, Code 1997, is
 14  1 amended to read as follows:
 14  2    4.  If electors in any precinct are entitled to vote for
 14  3 more than one nominee or candidate for a particular office,
 14  4 the The heading for that each office on the precinct ballot
 14  5 shall be immediately followed by a notation of stating, "Vote
 14  6 for no more than ____", and indicating the maximum number of
 14  7 nominees or candidates for that office for whom each elector
 14  8 may vote.  Provision shall be made on the ballot to allow the
 14  9 elector to write in the name of any person for whom the
 14 10 elector desires to vote for any office or nomination on the
 14 11 ballot.
 14 12    Sec. 30.  Section 49.31, Code 1997, is amended by adding
 14 13 the following new subsection:
 14 14    NEW SUBSECTION.  4A.  At the end of the list of candidates
 14 15 for each office listed on the ballot one or more blank lines
 14 16 and voting positions shall be printed to allow the elector to
 14 17 write in the name of any person for whom the elector desires
 14 18 to vote for any office or nomination on the ballot.  The
 14 19 number of write-in lines shall equal the number of votes that
 14 20 can be cast for that office.
 14 21    Sec. 31.  Section 49.33, Code 1997, is amended to read as
 14 22 follows:
 14 23    49.33  SINGLE SQUARE VOTING TARGET FOR CERTAIN PAIRED
 14 24 OFFICES.
 14 25    Upon the left-hand margin of each separate column of the
 14 26 ballot, immediately Immediately opposite the names of the each
 14 27 pair of candidates for president and vice president, a single
 14 28 square, the sides of which shall not be less than one-fourth
 14 29 of an inch in length, voting target shall be printed in front
 14 30 of next to the bracket enclosing the names of the candidates
 14 31 for president and vice president, and a separate square of the
 14 32 same size.  A single voting target shall be printed in front
 14 33 of next to the bracket enclosing the names of the candidates
 14 34 for governor and lieutenant governor.  The votes for a team of
 14 35 candidates shall be counted and certified to by the election
 15  1 board as a team.  Write-in votes may shall also be tabulated
 15  2 for each office separately as a single vote for a pair of
 15  3 candidates.
 15  4    Sec. 32.  Section 49.35, Code 1997, is amended to read as
 15  5 follows:
 15  6    49.35  ORDER OF ARRANGING TICKETS ON LEVER VOTING MACHINE
 15  7 BALLOT.
 15  8    Each list of candidates nominated by a political party or a
 15  9 group of petitioners shall be termed a ticket.  Each Where
 15 10 lever voting machines are used, each ticket shall be placed in
 15 11 a separate vertical column or horizontal row on the ballot, in
 15 12 the order determined pursuant to section 49.37 by the
 15 13 authorities charged with the printing of the ballots.
 15 14 However, if a total of more than seven tickets are to be
 15 15 placed on the ballot the state commissioner may authorize a
 15 16 method of placement in which the groups of petitioners are not
 15 17 all placed in separate individual columns or rows.
 15 18    Sec. 33.  Section 49.37, subsection 1, Code 1997, is
 15 19 amended by striking the subsection and inserting in lieu
 15 20 thereof the following:
 15 21    1.  For general elections, and for other elections in which
 15 22 more than one partisan office will be filled, the first
 15 23 section of the ballot shall be for straight party voting.
 15 24 Each political party or organization which has nominated
 15 25 candidates for more than one office shall be listed.
 15 26 Instructions to the voter for straight party or organization
 15 27 voting shall be in substantially the following form:  "To vote
 15 28 for all candidates from a single party or organization, mark
 15 29 the voting target next to the party or organization name.  Not
 15 30 all parties or organizations have nominated candidates for all
 15 31 offices.  Marking a straight party or organization vote does
 15 32 not include votes for nonpartisan offices, judges, or
 15 33 questions."  Political parties and nonparty political
 15 34 organizations which have nominated candidates for only one
 15 35 office shall be listed below the other political organizations
 16  1 under the heading "Other Political Organizations.  The
 16  2 following organizations have nominated candidates for only one
 16  3 office:".
 16  4    Offices shall be arranged in groups.  Partisan offices,
 16  5 nonpartisan offices, judges, and public measures shall be
 16  6 separated by a distinct line appearing on the ballot.
 16  7    Sec. 34.  Section 49.37, subsections 2 and 3, Code 1997,
 16  8 are amended to read as follows:
 16  9    2.  The commissioner shall arrange the ballot in conformity
 16 10 with the certificate issued by the state commissioner under
 16 11 section 43.73, in that the names of the respective candidates
 16 12 on for each political party ticket shall appear in the order
 16 13 they appeared on the certificate, above or to the left of the
 16 14 nonparty political organization tickets candidates.
 16 15    3.  The commissioner shall arrange the partisan county
 16 16 offices on the ballot with the board of supervisors first,
 16 17 followed by the other county offices and township offices in
 16 18 the same sequence in which they appear in sections 39.17 and
 16 19 39.22.  Nonpartisan offices shall be listed below or to the
 16 20 right of after partisan offices.
 16 21    Sec. 35.  NEW SECTION.  49.42A  FORM OF OFFICIAL BALLOT.
 16 22    The ballot for the general election shall be arranged in
 16 23 substantially the following form:  
 16 24                        PARTISAN OFFICES
 16 25                      STRAIGHT PARTY VOTING
 16 26    To vote for all candidates from a single party mark the
 16 27 voting target next to the party name.  Not all parties have
 16 28 nominated candidates for all offices.  Marking a straight
 16 29 party vote does not include votes for nonpartisan offices,
 16 30 judges, or questions.  
 16 31    POLITICAL PARTY NAME
 16 32    POLITICAL PARTY NAME
 16 33    POLITICAL ORGANIZATION NAME
 16 34    POLITICAL ORGANIZATION NAME
 16 35                  OTHER POLITICAL ORGANIZATIONS
 17  1    The following political organizations have nominated
 17  2 candidates for only one office.  
 17  3    POLITICAL ORGANIZATION NAME
 17  4    POLITICAL ORGANIZATION NAME
 17  5                         FEDERAL OFFICES
 17  6    For President and Vice President Vote for no more than one
 17  7 team.  
 17  8    CANDIDATE NAME, of State
 17  9    CANDIDATE NAME, of State
 17 10            Political Party
 17 11    CANDIDATE NAME, of State
 17 12    CANDIDATE NAME, of State
 17 13            Political Party
 17 14    CANDIDATE NAME, of State
 17 15    CANDIDATE NAME, of State
 17 16            Political Organization Name
 17 17    CANDIDATE NAME, of State
 17 18    CANDIDATE NAME, of State
 17 19            Political Organization Name
 17 20    CANDIDATE NAME, of State
 17 21    CANDIDATE NAME, of State
 17 22            Nominated by Petition
 17 23    ______________________________
 17 24    Write-in for President, if any.
 17 25    ___________________________________
 17 26    Write-in for Vice-President, if any.
 17 27                        For U.S. Senator
 17 28                   Vote for no more than one.
 17 29    CANDIDATE NAME
 17 30            Political Party
 17 31    CANDIDATE NAME
 17 32            Political Party
 17 33    CANDIDATE NAME
 17 34            Political Organization
 17 35    CANDIDATE NAME
 18  1            Political Organization
 18  2    CANDIDATE NAME
 18  3            Nominated by Petition
 18  4    _____________________
 18  5    Write-in vote, if any.
 18  6                     For U.S. Representative
 18  7                         First District
 18  8                   Vote for no more than one.
 18  9    CANDIDATE NAME
 18 10            Political Party
 18 11    CANDIDATE NAME
 18 12            Political Party
 18 13    CANDIDATE NAME
 18 14            Political Organization
 18 15    CANDIDATE NAME
 18 16            Political Organization
 18 17    CANDIDATE NAME
 18 18            Nominated by Petition
 18 19    _____________________
 18 20    Write-in vote, if any.
 18 21                          STATE OFFICES
 18 22                  For State Senator, District 2
 18 23                   Vote for no more than one.
 18 24    CANDIDATE NAME
 18 25            Political Party
 18 26    CANDIDATE NAME
 18 27            Political Party
 18 28    CANDIDATE NAME
 18 29            Political Organization
 18 30    CANDIDATE NAME
 18 31            Political Organization
 18 32    CANDIDATE NAME
 18 33            Nominated by Petition
 18 34    _____________________
 18 35    Write-in vote, if any.
 19  1    Sec. 36.  Section 49.43, Code 1997, is amended by adding
 19  2 the following new unnumbered paragraph before unnumbered para-
 19  3 graph 1:
 19  4    NEW UNNUMBERED PARAGRAPH.  If possible, all public measures
 19  5 and constitutional amendments to be voted upon by an elector
 19  6 shall be included on a single special paper ballot which shall
 19  7 also include all offices to be voted upon.  However, if it is
 19  8 necessary, a separate ballot may be used as provided in
 19  9 section 49.30, subsection 1.
 19 10    Sec. 37.  Section 49.43, unnumbered paragraph 2, Code 1997,
 19 11 is amended to read as follows:
 19 12    Constitutional amendments and other public measures may be
 19 13 summarized by the commissioner as provided in section sections
 19 14 49.44 and 52.25.
 19 15    Sec. 38.  Section 49.44, unnumbered paragraph 1, Code 1997,
 19 16 is amended to read as follows:
 19 17    When a proposed constitutional amendment or other public
 19 18 measure to be decided by the voters of the entire state is to
 19 19 be voted upon, the state commissioner shall prepare a written
 19 20 summary of the amendment or measure including the number of
 19 21 the amendment or statewide public measure assigned by the
 19 22 state commissioner.  The summary shall be printed immediately
 19 23 preceding the text of the proposed amendment or measure on the
 19 24 paper ballot or special paper ballot referred to in section
 19 25 49.43 and, in.  If the complete text of the public measure
 19 26 will not fit on the special paper ballot it shall be posted
 19 27 inside the voting booth.  A copy of the full text shall be
 19 28 included with any absentee ballots.
 19 29    PARAGRAPH DIVIDED.  In precincts where the amendment or
 19 30 measure will be voted on by machine, the summary shall be
 19 31 placed in the voting machine inserts as required by section
 19 32 52.25.
 19 33    Sec. 39.  Section 49.45, Code 1997, is amended to read as
 19 34 follows:
 19 35    49.45  GENERAL FORM OF BALLOT.
 20  1    Ballots referred to in section 49.43 shall be substantially
 20  2 in the following form:  
 20  3    Shall the following amendment           Yes   
 20  4 to the Constitution (or public meas-       No    
 20  5 ure) be adopted?
 20  6 [  ]  Yes
 20  7 [  ]  No
 20  8    (Here insert the summary, if it be is for a constitutional
 20  9 amendment or statewide public measure, and in full the
 20 10 proposed constitutional amendment or public measure.  The
 20 11 number assigned by the state commissioner or the letter
 20 12 assigned by the county commissioner shall be included on the
 20 13 ballot centered above the question, "Shall the following
 20 14 amendment to the Constitution [or public measure] be
 20 15 adopted?".)
 20 16    Sec. 40.  Section 49.46, Code 1997, is amended to read as
 20 17 follows:
 20 18    49.46  MARKING BALLOTS ON PUBLIC MEASURES.
 20 19    The elector shall designate a vote by a cross making the
 20 20 appropriate mark, thus, in the voting target.  On paper
 20 21 ballots an "X", or a check mark, thus, "/", may be placed in
 20 22 the proper square target.
 20 23    Sec. 41.  Section 49.47, Code 1997, is amended to read as
 20 24 follows:
 20 25    49.47  NOTICE ON BALLOTS.
 20 26    At the top of paper ballots on such for public measures
 20 27 shall be printed the following:
 20 28    [Notice to voters.  For an affirmative vote upon To vote to
 20 29 approve any question submitted upon on this ballot, make a
 20 30 cross (X) mark or check (/) in the square target after the
 20 31 word "Yes".  For a negative To vote against a question make a
 20 32 similar mark in the square target following the word "No".]
 20 33 This notice shall be adapted to describe the proper mark where
 20 34 it is appropriate.
 20 35    Sec. 42.  Section 49.57, Code 1997, is amended to read as
 21  1 follows:
 21  2    49.57  METHOD AND STYLE OF PRINTING BALLOTS.
 21  3    Ballots shall be prepared as follows:
 21  4    1.  They shall be on plain white paper uniform in color,
 21  5 through which the printing or writing cannot be read.
 21  6    2.  The In the area of the general election ballot for
 21  7 straight-party voting, the party name names shall be printed
 21  8 in capital letters of uniform size, in not less than one-
 21  9 fourth of an inch in height twelve point type.  After the name
 21 10 of each candidate for a partisan office the name of the
 21 11 candidate's political party shall be printed in at least six
 21 12 point type.
 21 13    3.  The names of candidates shall be printed in capital
 21 14 letters, of uniform size throughout the ballot, in not less
 21 15 than one-eighth, nor more than one-fourth of an inch in height
 21 16 ten point type.
 21 17    4.  A On ballots that will be counted by electronic
 21 18 tabulating equipment, ballots shall include a voting target
 21 19 next to the name of each candidate.  The position, shape, and
 21 20 size of the targets shall be appropriate for the equipment to
 21 21 be used in counting the votes.  Where paper ballots are used,
 21 22 a square, the sides of which shall not be less than one-fourth
 21 23 of an inch in length, shall may be printed at the beginning of
 21 24 each line in which the name of a candidate is printed, except
 21 25 as otherwise provided.
 21 26    5.  On the outside A portion of the ballot, so as to appear
 21 27 when folded which can be shown to the precinct officials
 21 28 without revealing any of the marks made by the voter, shall be
 21 29 printed include the words "Official ballot", a designation of
 21 30 the ballot rotation, if any, the date of the election, and a
 21 31 facsimile of the signature of the commissioner who has caused
 21 32 the ballot to be printed pursuant to section 49.51.
 21 33    6.  The office title of any office which appears on the
 21 34 ballot to fill a vacancy before the end of the usual term of
 21 35 the office shall include the words "To Fill Vacancy".
 22  1    Sec. 43.  Section 49.92, Code 1997, is amended to read as
 22  2 follows:
 22  3    49.92  VOTING MARK.
 22  4    The instructions appearing on the ballot shall describe the
 22  5 appropriate mark to be used by the voter.  The mark shall be
 22  6 consistent with the requirements of the voting system in use
 22  7 in the precinct.  The voting mark shall used on paper ballots
 22  8 may be a cross or check which shall be placed in the circle at
 22  9 the head of a ticket, or in the squares voting targets
 22 10 opposite the names of candidates.  The fact that the voting
 22 11 mark is made by an instrument other than a black lead pencil
 22 12 shall not affect the validity of the ballot unless it appears
 22 13 that the color or nature of the mark is intended to identify
 22 14 the ballot contrary to the intent of section 49.107,
 22 15 subsection 7.
 22 16    Sec. 44.  Section 49.93, Code 1997, is amended by striking
 22 17 the section and inserting in lieu thereof the following:
 22 18    49.93  NUMBER OF VOTES FOR EACH OFFICE.
 22 19    For an office to which one person is to be elected, a voter
 22 20 shall not vote for more than one candidate.  If two or more
 22 21 persons are to be elected to an office, the voter shall vote
 22 22 for no more than the number of persons to be elected.  If a
 22 23 person votes for more than the permitted number of candidates,
 22 24 the vote for that office shall not count.  Valid votes cast on
 22 25 the rest of the ballot shall be counted.
 22 26    Sec. 45.  Section 49.94, Code 1997, is amended to read as
 22 27 follows:
 22 28    49.94  HOW TO MARK A STRAIGHT TICKET.
 22 29    If the names of all the candidates for whom a voter desires
 22 30 to vote in any election other than the primary election appear
 22 31 upon the same ticket were nominated by the same political
 22 32 party or nonparty political organization, and the voter
 22 33 desires to vote for all candidates whose names appear upon
 22 34 such ticket nominated by that political party or organization
 22 35 the voter may do so in any one of the following ways:
 23  1    1.  The voter may place a cross or check in the circle at
 23  2 the top of such ticket mark the voting target next to the name
 23  3 of the political party or nonparty political organization in
 23  4 the straight party or organization section of the ballot
 23  5 without making a cross or check in marking any square beneath
 23  6 said circle voting target next to the name of a candidate
 23  7 nominated by the party or organization.
 23  8    2.  The voter may place a cross or check in the square
 23  9 opposite the name of each such candidate without making any
 23 10 cross or check in the circle at the top of such ticket.
 23 11    3. 2.  The voter may place a cross or check in the circle
 23 12 at the top of such ticket mark the voting target next to the
 23 13 name of the political party or nonparty political organization
 23 14 in the straight party or organization section of the ballot
 23 15 and also a cross or check in mark any or all of the squares
 23 16 beneath said circle voting targets next to the names of
 23 17 candidates nominated by that party or organization.
 23 18    Sec. 46.  Section 49.95, Code 1997, is amended to read as
 23 19 follows:
 23 20    49.95  VOTING PART OF TICKET ONLY.
 23 21    If the names of all the candidates for whom the voter
 23 22 desires to vote appear upon a single ticket were nominated by
 23 23 the same political party or nonparty political organization
 23 24 but the voter does not desire to vote for all of the
 23 25 candidates whose names appear thereon nominated by the party
 23 26 or organization, the voter shall place a cross or check in the
 23 27 square opposite mark the voting target next to the name of
 23 28 each such candidate for whom the voter desires to vote without
 23 29 making any cross or check in the circle at the top of such
 23 30 ticket marking the target next to the name of the party or
 23 31 organization in the straight party or organization section of
 23 32 the ballot.
 23 33    Sec. 47.  Section 49.96, Code 1997, is amended to read as
 23 34 follows:
 23 35    49.96  GROUP CANDIDATES FOR OFFICES OF SAME CLASS OFFICES
 24  1 WITH MORE THAN ONE PERSON TO BE ELECTED.
 24  2    Where two or more offices of the same class are to be
 24  3 filled more than one person is to be elected to the same
 24  4 office at the same election, and all of the candidates for
 24  5 such offices, that office for whom the voter desires to vote,
 24  6 appear upon the voter's party ticket at the top of which the
 24  7 voter has marked a cross or check in the circle were nominated
 24  8 by the political party or nonparty political organization for
 24  9 which the voter has marked a straight party or organization
 24 10 vote, the voter need not otherwise indicate the vote for such
 24 11 candidate; but if the name of any candidate for whom the voter
 24 12 desires to vote for such office appears upon a different
 24 13 ticket, then as to such group of candidates the cross or check
 24 14 in the circle does not apply and to indicate the voter's
 24 15 choice the voter must place a cross or check in the square
 24 16 opposite the name of each such candidate for whom the voter
 24 17 desires to vote whether the same appears under such marked
 24 18 circle or not that office.  If the voter wishes to vote for
 24 19 candidates who were nominated by different political parties
 24 20 or nonparty political organizations, the voter must mark the
 24 21 voting target for each candidate the voter has chosen, whether
 24 22 or not the voter has also marked a straight party or
 24 23 organization vote.
 24 24    Sec. 48.  Section 49.97, Code 1997, is amended to read as
 24 25 follows:
 24 26    49.97  HOW TO MARK A MIXED TICKET.
 24 27    If the names of all candidates for whom a voter desires to
 24 28 vote do were not appear upon nominated by the same ticket
 24 29 political party or nonparty political organization, the voter
 24 30 may indicate the candidates of the voter's choice by marking
 24 31 the ballot in any one of the following ways:
 24 32    1.  The voter may place a cross or check in the circle at
 24 33 the top of a ticket on mark a straight party or organization
 24 34 vote for the party or nonparty political organization which
 24 35 the names of nominated some of the candidates for whom the
 25  1 voter desires to vote appear and also a cross or check in the
 25  2 square opposite the name of each other candidate of the
 25  3 voter's choice, whose name appears upon some ticket other than
 25  4 the one in which the voter has marked the circle at the top
 25  5 and vote for candidates of other parties or nonparty political
 25  6 organizations by marking the voting targets next to their
 25  7 names.
 25  8    2.  The voter may place a cross or check in the square
 25  9 opposite the name of each candidate for whom the voter desires
 25 10 to vote for each candidate separately without placing any
 25 11 cross or check in any circle marking any straight party or
 25 12 organization vote.
 25 13    Sec. 49.  Section 49.98, Code 1997, is amended to read as
 25 14 follows:
 25 15    49.98  COUNTING BALLOTS.
 25 16    The ballots shall be counted according to the markings
 25 17 thereon, respectively, voters' marks on them as provided in
 25 18 sections 49.92 to 49.97, and not otherwise.  If, for any
 25 19 reason, it is impossible to determine from a ballot, as
 25 20 marked, the choice of the voter for any office, such ballot
 25 21 the vote for that office shall not be counted for such office.
 25 22 When there is a conflict between the cross or check in the
 25 23 circle on a straight party or organization vote for one ticket
 25 24 political party or nonparty political organization and the
 25 25 cross or check in the square on vote cast by marking the
 25 26 voting target next to the name of a candidate for another
 25 27 ticket political party or nonparty political organization on
 25 28 the ballot, the cross or check in the square mark next to the
 25 29 name of the candidate shall be held to control, and the cross
 25 30 or check in the circle in such straight party or organization
 25 31 vote in that case shall not apply as to that office.  Any
 25 32 ballot shall be rejected if it is marked in any other manner
 25 33 than as authorized in sections 49.92 to 49.97, and in such
 25 34 manner as to show that.  A ballot shall be rejected if the
 25 35 voter employed such used a mark for the purpose of identifying
 26  1 to identify the voter's ballot, shall be rejected.
 26  2    Sec. 50.  Section 49.99, unnumbered paragraph 1, Code 1997,
 26  3 is amended to read as follows:
 26  4    The voter may also insert in writing in the proper place
 26  5 write on the line provided for write-in votes the name of any
 26  6 person for whom the voter desires to vote and place a cross or
 26  7 check in the square mark the voting target opposite the name.
 26  8 If the voter is using a voting system other than an electronic
 26  9 voting system, as defined in section 52.1, the writing of the
 26 10 name shall constitute a valid vote for the person whose name
 26 11 has been written on the ballot without regard to whether the
 26 12 voter has made a cross or check mark opposite the name.
 26 13 However, when a write-in vote is cast using an electronic
 26 14 voting system, the ballot must also be marked in the
 26 15 corresponding space in order to be counted.  The making of a
 26 16 cross or check in a square Marking the voting target opposite
 26 17 a blank write-in line without writing a name in on the blank,
 26 18 line shall not affect the validity of the remainder of the
 26 19 ballot.
 26 20    Sec. 51.  Section 49.100, Code 1997, is amended to read as
 26 21 follows:
 26 22    49.100  SPOILED BALLOTS.
 26 23    Any A voter who shall spoil spoils a ballot may, on
 26 24 returning the same return the spoiled ballot to the precinct
 26 25 election officials, and receive another in place thereof, but
 26 26 ballot.  However, no a voter shall not receive more than three
 26 27 ballots, including the one first delivered.  None but Only
 26 28 ballots provided in accordance with the provisions of this
 26 29 chapter shall be counted.
 26 30    Sec. 52.  Section 49.125, Code 1997, is amended to read as
 26 31 follows:
 26 32    49.125  COMPENSATION OF TRAINEES.
 26 33    All election personnel attending such training course shall
 26 34 be paid for attending such course for a period not to exceed
 26 35 two hours, and shall be reimbursed for travel to and from the
 27  1 place where the training is given at the rate specified in
 27  2 section 70A.9 determined by the board of supervisors if the
 27  3 distance involved is more than five miles.  The wages shall be
 27  4 computed at the hourly rate established pursuant to section
 27  5 49.20 and payment of wages and mileage for attendance shall be
 27  6 made at the time that payment is made for duties performed on
 27  7 election day.
 27  8    Sec. 53.  Section 50.13, Code 1997, is amended to read as
 27  9 follows:
 27 10    50.13  DESTRUCTION OF BALLOTS.
 27 11    If, at the expiration of the length of time specified in
 27 12 section 50.12, a contest is not pending, the commissioner,
 27 13 without opening the package in which they have been enclosed,
 27 14 shall destroy the ballots, in the presence of two electors,
 27 15 one from each of the two leading political parties, who shall
 27 16 be designated by the chairperson of the board of supervisors.
 27 17    If the ballots are to be shredded, the package may be
 27 18 opened, if necessary, but the ballots shall not be examined
 27 19 before shredding.  Shredded ballots may be recycled.  The
 27 20 commissioner shall invite the chairperson of each of the
 27 21 political parties to designate a person to witness the
 27 22 destruction of the ballots.
 27 23    Sec. 54.  Section 50.48, subsection 4, unnumbered paragraph
 27 24 1, Code 1997, is amended to read as follows:
 27 25    When all members of the recount board have been selected,
 27 26 the board shall undertake and complete the required recount as
 27 27 expeditiously as reasonably possible.  The commissioner or the
 27 28 commissioner's designee shall supervise the handling of
 27 29 ballots or voting machine documents to ensure that the ballots
 27 30 and other documents are protected from alteration or damage.
 27 31 The board shall open only the sealed ballot containers from
 27 32 the precincts specified to be recounted in the request or by
 27 33 the recount board.  The board shall recount only the ballots
 27 34 which were voted and counted for the office in question,
 27 35 including any disputed ballots returned as required in section
 28  1 50.5.  If an electronic tabulating system was used to count
 28  2 the ballots, the recount board may request the commissioner to
 28  3 retabulate the ballots using the electronic tabulating system.
 28  4 The same program used for tabulating the votes on election day
 28  5 shall be used at the recount unless the program is believed or
 28  6 known to be flawed.
 28  7    PARAGRAPH DIVIDED.  Any member of the recount board may at
 28  8 any time during the recount proceedings extend the recount of
 28  9 votes cast for the office or nomination in question to any
 28 10 other precinct or precincts in the same county, or from which
 28 11 the returns were reported to the commissioner responsible for
 28 12 conducting the election, without the necessity of posting
 28 13 additional bond.
 28 14    Sec. 55.  Section 52.10, Code 1997, is amended to read as
 28 15 follows:
 28 16    52.10  BALLOTS – FORM.
 28 17    All ballots shall be printed in black ink on clear, white
 28 18 material, of such size as will fit the ballot frame, and in as
 28 19 plain, clear type as the space will reasonably permit.  The
 28 20 party name for each political party represented on the machine
 28 21 shall be prefixed to the list of candidates of such party.
 28 22 The order of the list of candidates of the several parties or
 28 23 organizations shall be arranged as provided in sections 49.30
 28 24 to 49.42 49.41, except that the lists may be arranged in
 28 25 horizontal rows or vertical columns to meet the physical
 28 26 requirements of the voting machine used.
 28 27    Sec. 56.  Section 52.12, Code 1997, is amended by striking
 28 28 the section and inserting in lieu thereof the following:
 28 29    52.12  EXCEPTION – STRAIGHT PARTY VOTING.
 28 30    Voting machines shall have a single lever or switch which
 28 31 casts a vote for each candidate of a political party or non-
 28 32 party political organization which has nominated candidates
 28 33 for more than one partisan office on the ballot.  Straight
 28 34 party voting shall be provided for all general elections.
 28 35    Sec. 57.  Section 52.33, Code 1997, is amended by adding
 29  1 the following new unnumbered paragraph:
 29  2    NEW UNNUMBERED PARAGRAPH.  The absentee and special
 29  3 precinct board shall follow the process prescribed in section
 29  4 52.37, subsection 2, in handling damaged or defective ballots
 29  5 and in counting write-in votes on special paper ballots.
 29  6    Sec. 58.  Section 52.35, subsection 2, Code 1997, is
 29  7 amended to read as follows:
 29  8    2.  The test shall be conducted by processing a preaudited
 29  9 group of ballots punched or marked so as to record a
 29 10 predetermined number of valid votes for each candidate, and on
 29 11 each public question, on the ballot.  The test group shall
 29 12 include for each office and each question one or more ballots
 29 13 having votes in excess of the number allowed by law for that
 29 14 office or question, in order to test the ability of the
 29 15 automatic tabulating equipment to reject such votes.  The
 29 16 county chairperson of a political party may submit an
 29 17 additional test group of ballots which, if so submitted, shall
 29 18 also be tested.  If any error is detected, its cause shall be
 29 19 ascertained and corrected and an errorless count obtained
 29 20 before the automatic tabulating equipment is approved.  When
 29 21 so approved, a statement attesting to the fact shall be signed
 29 22 by the commissioner and sent immediately to the state
 29 23 commissioner kept with the records of the election.
 29 24    Sec. 59.  Section 52.36, unnumbered paragraph 2, Code 1997,
 29 25 is amended to read as follows:
 29 26    The commissioner shall appoint from the lists provided by
 29 27 the county political party chairpersons a resolution board to
 29 28 tabulate write-in votes and to decide questions regarding
 29 29 damaged, defective, or other ballots which cannot be tabulated
 29 30 by machine.  The commissioner shall appoint as many people to
 29 31 the resolution board as the commissioner believes are
 29 32 necessary.  The resolution board shall be divided into three-
 29 33 person two-person teams.  Each team shall consist of no more
 29 34 than two people who are not members of the same political
 29 35 party.  If a team is unable to decide how to count one or more
 30  1 ballots, a third person shall be available to consult with the
 30  2 team and to resolve disputes.  Ballots which were objected to
 30  3 shall be endorsed and separated as required by section 50.4.
 30  4    Sec. 60.  Section 52.37, subsection 2, unnumbered paragraph
 30  5 2, Code 1997, is amended to read as follows:
 30  6    The resolution board shall also tabulate any write-in votes
 30  7 which were cast.  Write-in votes cast for a candidate whose
 30  8 name appears on the ballot for the same office shall be
 30  9 counted as a vote for the candidate indicated, if the vote is
 30 10 otherwise properly cast.
 30 11    PARAGRAPH DIVIDED.  Ballots which are rejected by the
 30 12 tabulating equipment as blank because they have been marked
 30 13 with an unreadable marker shall be duplicated or tabulated as
 30 14 required by this subsection for damaged or defective ballots.
 30 15 The commissioner may instruct the resolution board to mark
 30 16 over voters' unreadable marks using a marker compatible with
 30 17 the tabulating equipment.  The resolution board shall take
 30 18 care to leave part of the original mark made by the voter.  If
 30 19 it is impossible to mark over the original marks made by the
 30 20 voter without completely obliterating them, the ballot shall
 30 21 be duplicated.
 30 22    Sec. 61.  Section 52.38, unnumbered paragraph 1, Code 1997,
 30 23 is amended to read as follows:
 30 24    All portable tabulating devices shall be tested before any
 30 25 election in which they are to be used following the procedure
 30 26 in section 52.35, subsection 2.  Testing shall be completed
 30 27 not later than twelve hours before the opening of the polls on
 30 28 the morning of the election.  The portable tabulating devices
 30 29 shall be tested at the polling place where they are to be
 30 30 used.  The chairperson of each political party shall be
 30 31 notified in writing of the time the devices will be tested so
 30 32 that the chairperson or a representative may be present.
 30 33 Those present for the test shall sign a certificate which
 30 34 shall read substantially as follows:
 30 35    Sec. 62.  Section 52.40, subsection 1, Code 1997, is
 31  1 amended to read as follows:
 31  2    1.  In counties where counting centers have been
 31  3 established under section 52.34, the commissioner may
 31  4 designate certain polling places as early ballot pick-up
 31  5 sites.  At these sites, between the hours of one p.m. and four
 31  6 p.m. on the day of the election, two precinct election
 31  7 officials of different political parties shall seal the ballot
 31  8 container to prevent the addition or removal of ballots and
 31  9 replace it with an empty, locked ballot container.  The sealed
 31 10 ballot container shall be kept in a safe place in view of the
 31 11 precinct election officials.  The early pick-up officers shall
 31 12 receive the sealed ballot container containing the ballots
 31 13 which have been voted throughout the day along with a signed
 31 14 statement of the precinct officials attesting to the number of
 31 15 declarations of eligibility signed up to that time, excluding
 31 16 those declarations signed by voters who have had not yet
 31 17 placed their ballots in the ballot container when it was
 31 18 sealed.  The officers shall replace the ballot container
 31 19 containing the voted ballots with an empty ballot container,
 31 20 to be sealed in the presence of a precinct election official.
 31 21    Sec. 63.  Section 53.2, unnumbered paragraph 1, Code 1997,
 31 22 is amended to read as follows:
 31 23    Any registered voter, under the circumstances specified in
 31 24 section 53.1, may on any day, except election day, and not
 31 25 more than seventy days prior to the date of the election,
 31 26 apply in person for an absentee ballot at the commissioner's
 31 27 office or at any location designated by the commissioner, or
 31 28 make written application to the commissioner for an absentee
 31 29 ballot.  The state commissioner shall prescribe a form for
 31 30 absentee ballot applications.  However, if a registered voter
 31 31 submits an application that includes all of the information
 31 32 required in this section, the prescribed form is not required.
 31 33 Absentee ballot applications may include instructions to send
 31 34 the application directly to the county commissioner of
 31 35 elections.  However, no absentee ballot application shall be
 32  1 preaddressed or printed with instructions to send the
 32  2 applications to anyone other than the appropriate
 32  3 commissioner.
 32  4    Sec. 64.  Section 53.19, unnumbered paragraph 3, Code 1997,
 32  5 is amended to read as follows:
 32  6    However, any registered voter who has received an absentee
 32  7 ballot and not voted returned it, may surrender the unmarked
 32  8 absentee ballot to the precinct officials and vote in person
 32  9 at the polls.  The precinct officials shall mark the uncast
 32 10 absentee ballot "void" and return it to the commissioner.  Any
 32 11 registered voter who has been sent an absentee ballot by mail
 32 12 but for any reason has not received it may appear at the
 32 13 voter's precinct polling place on election day and sign an
 32 14 affidavit to that effect, after which the voter shall be
 32 15 permitted to vote in person.  The form of the affidavit for
 32 16 use in such cases shall be prescribed by the state
 32 17 commissioner.
 32 18    Sec. 65.  Section 54.5, Code 1997, is amended by adding the
 32 19 following new unnumbered paragraph:
 32 20    NEW UNNUMBERED PARAGRAPH.  If a candidate for the office of
 32 21 president or vice president of the United States withdraws,
 32 22 dies, or is otherwise removed from the ballot before the
 32 23 general election, another candidate may be substituted.  The
 32 24 substitution shall be made by the state central committee of
 32 25 the political party or by the governing committee of the
 32 26 national party.  If there are differences, the substitution
 32 27 made by the state central committee shall prevail.  A nonparty
 32 28 political organization which has filed the names of party
 32 29 officers and central committee members with the secretary of
 32 30 state before the close of the filing period for the general
 32 31 election pursuant to section 44.17 may also make
 32 32 substitutions.  A substitution must be filed no later than
 32 33 seventy-four days before the election.
 32 34    Sec. 66.  Section 59.1, Code 1997, is amended by adding the
 32 35 following new unnumbered paragraph:
 33  1    NEW UNNUMBERED PARAGRAPH.  A special election for a seat in
 33  2 either house of the general assembly may be contested.  The
 33  3 contestant shall serve notice on the incumbent in the manner
 33  4 described in this section not later than twenty days after the
 33  5 state canvass of votes for the election.  A copy of the notice
 33  6 shall also be filed with the presiding officer of the house in
 33  7 which the contest is to be tried, if the general assembly is
 33  8 in session.  If the general assembly is not in session, a copy
 33  9 of the notice shall be filed with the secretary of state.  The
 33 10 secretary of state shall notify the presiding officer of the
 33 11 house in which the contest will be tried.
 33 12    Sec. 67.  Section 62.1, Code 1997, is amended to read as
 33 13 follows:
 33 14    62.1  CONTEST COURT.
 33 15    The court for the trial of contested county elections shall
 33 16 be thus constituted:  The chairperson of the board of
 33 17 supervisors shall be the presiding officer, and consist of one
 33 18 person named by the contestant and one person named by the
 33 19 incumbent may each name a person who shall be associated with
 33 20 the chairperson.  If the incumbent fails to name a judge, the
 33 21 chief judge of the judicial district shall be notified of the
 33 22 failure to appoint.  The chief judge shall designate the
 33 23 second judge within one week after the chief judge is
 33 24 notified.  These two judges shall meet within three days and
 33 25 select a third person to serve as the presiding officer of the
 33 26 court.  If they cannot agree on the third member of the court
 33 27 within three days after their initial meeting, the chief judge
 33 28 of the judicial district shall be notified of the failure to
 33 29 agree.  The chief judge shall designate the presiding judge
 33 30 within one week after the chief judge is notified.
 33 31    Sec. 68.  Section 62.2, Code 1997, is amended to read as
 33 32 follows:
 33 33    62.2  JUDGES.
 33 34    The contestant and incumbent shall each file in the
 33 35 auditor's office, on or before the day of trial, a written
 34  1 nomination of one associate judge of the contested election,
 34  2 who Judges shall be sworn in the same manner and form as trial
 34  3 jurors are sworn in trials of civil actions; if either the
 34  4 contestant or the incumbent fails to nominate, the presiding
 34  5 judge shall appoint for that person.  When either of the
 34  6 nominated judges a judge fails to appear on the day of trial,
 34  7 that judge's place may be filled by another appointment under
 34  8 the same rule.
 34  9    Sec. 69.  Section 62.9, Code 1997, is amended to read as
 34 10 follows:
 34 11    62.9  TRIAL – NOTICE.
 34 12    The chairperson of the board of supervisors presiding judge
 34 13 shall thereupon fix a day for the trial, not more than thirty
 34 14 nor less than twenty days thereafter, and shall cause a notice
 34 15 of such trial to be served on the incumbent, with a copy of
 34 16 the contestant's statement, at least ten days before the day
 34 17 set for trial.  If the trial date is set for less than twenty
 34 18 days from the day notice is given and either party is not
 34 19 ready, the presiding judge shall delay the trial.
 34 20    Sec. 70.  Section 69.14A, subsection 1, paragraph a,
 34 21 unnumbered paragraph 2, Code 1997, is amended to read as
 34 22 follows:
 34 23    However, if within fourteen days after publication of the
 34 24 notice or within fourteen days after the appointment is made,
 34 25 whichever is later, a petition is filed with the county
 34 26 auditor requesting a special election to fill the vacancy, the
 34 27 appointment is temporary and a special election shall be
 34 28 called as provided in paragraph "b".  The petition shall meet
 34 29 the requirements of section 331.306, except that in counties
 34 30 where supervisors are elected under plan "three", the number
 34 31 of signatures calculated according to the formula in section
 34 32 331.306 shall be divided by the number of supervisor districts
 34 33 in the county.
 34 34    Sec. 71.  Section 69.14A, subsection 1, paragraph b,
 34 35 unnumbered paragraph 1, Code 1997, is amended to read as
 35  1 follows:
 35  2    By special election held to fill the office for the
 35  3 remaining balance of the unexpired term.  The committee of
 35  4 county officers designated to fill the vacancy in section 69.8
 35  5 may, on its own motion, or shall, upon receipt of a petition
 35  6 as provided in paragraph "a", call for a special election to
 35  7 fill the vacancy in lieu of appointment.  The committee shall
 35  8 order the special election at the earliest practicable date,
 35  9 but giving at least thirty thirty-two days' notice of the
 35 10 election.  A special election called under this section shall
 35 11 be held on a Tuesday and shall not be held on the same day as
 35 12 a school election within the county.
 35 13    Sec. 72.  Section 69.14A, subsection 2, paragraph a,
 35 14 unnumbered paragraph 2, Code 1997, is amended to read as
 35 15 follows:
 35 16    However, if within fourteen days after publication of the
 35 17 notice or within fourteen days after the appointment is made,
 35 18 whichever is later, a petition is filed with the county
 35 19 auditor requesting a special election to fill the vacancy, the
 35 20 appointment is temporary and a special election shall be
 35 21 called as provided in paragraph "b".  The petition shall meet
 35 22 the requirements of section 331.306.
 35 23    Sec. 73.  Section 69.14A, subsection 2, paragraph b,
 35 24 unnumbered paragraph 1, Code 1997, is amended to read as
 35 25 follows:
 35 26    By special election held to fill the office for the
 35 27 remaining balance of the unexpired term.  The board of
 35 28 supervisors may, on its own motion, or shall, upon receipt of
 35 29 a petition as provided in paragraph "a", call for a special
 35 30 election to fill the vacancy in lieu of appointment.  The
 35 31 committee supervisors shall order the special election at the
 35 32 earliest practicable date, but giving at least thirty thirty-
 35 33 two days' notice of the election.  A special election called
 35 34 under this section shall be held on a Tuesday and shall not be
 35 35 held on the same day as a school election within the county.
 36  1    Sec. 74.  Section 277.4, unnumbered paragraph 2, Code 1997,
 36  2 is amended to read as follows:
 36  3    Each candidate shall be nominated by petition.  If the
 36  4 candidate is running for an at-large a seat in the district
 36  5 which is voted for at-large, the petition must be signed by at
 36  6 least ten eligible electors, or a number of eligible electors
 36  7 equal in number to not less than one percent of the registered
 36  8 voters of the school district, whichever is more.  If the
 36  9 candidate is running for a seat which is voted for only by the
 36 10 voters of a director district, the petition must be signed by
 36 11 at least ten eligible electors of the director district or a
 36 12 number of eligible electors equal in number to not less than
 36 13 one percent of the registered voters in the director district,
 36 14 whichever is more.  A petition filed under this section shall
 36 15 not be required to have more than one hundred signatures.
 36 16    PARAGRAPH DIVIDED.  Signers of nomination petitions shall
 36 17 include their addresses and the date of signing, and must
 36 18 reside in the same director district as the candidate if
 36 19 directors are elected by the voters of a director district,
 36 20 rather than at large.  A person may sign nomination petitions
 36 21 for more than one candidate for the same office, and the
 36 22 signature is not invalid solely because the person signed
 36 23 nomination petitions for one or more other candidates for the
 36 24 office.  The petition shall be filed with the affidavit of the
 36 25 candidate being nominated, stating the candidate's name, place
 36 26 of residence, that such person is a candidate and is eligible
 36 27 for the office the candidate seeks, and that if elected the
 36 28 candidate will qualify for the office.  The affidavit shall
 36 29 also state that the candidate is aware that the candidate is
 36 30 disqualified from holding office if the candidate has been
 36 31 convicted, and never pardoned, of a felony or other infamous
 36 32 crime.
 36 33    Sec. 75.  Section 278.1, subsection 8, Code 1997, is
 36 34 amended to read as follows:
 36 35    8.  Authorize the establishment or abandonment of director
 37  1 districts or a change of boundaries of director districts a
 37  2 change in the method of conducting elections or in the number
 37  3 of directors as provided in sections 275.35 and 275.36.  If a
 37  4 proposition submitted to the voters under this subsection or
 37  5 subsection 7 of this section is rejected, it may not be
 37  6 resubmitted to the voters of the district in substantially the
 37  7 same form within the next three years; if it is approved, no
 37  8 other proposal may be submitted to the voters of the district
 37  9 under this subsection or subsection 7 of this section within
 37 10 the next six years.
 37 11    Sec. 76.  Section 372.2, subsection 2, Code 1997, is
 37 12 amended to read as follows:
 37 13    2.  Within fifteen days after receiving a valid petition,
 37 14 the council shall proclaim publish notice of the date that a
 37 15 special city election to will be held within sixty days to
 37 16 determine whether the city shall change to a different form of
 37 17 government.  The election date shall be not more than sixty
 37 18 days after the publication.  The notice shall include a
 37 19 statement that the filing of a petition for appointment of a
 37 20 home rule charter commission will delay the election until
 37 21 after the home rule charter commission has filed a proposed
 37 22 charter.  Petition requirements and filing deadlines shall
 37 23 also be included in the notice.
 37 24    PARAGRAPH DIVIDED.  The council shall notify the county
 37 25 commissioner of elections to publish notice of the election
 37 26 and conduct the election pursuant to chapters 39 to 53.  The
 37 27 county commissioner of elections shall certify the results of
 37 28 the election to the council.
 37 29    Sec. 77.  Section 372.3, Code 1997, is amended by striking
 37 30 the section and inserting in lieu thereof the following:
 37 31    372.3  HOME RULE CHARTER.
 37 32    If a petition for appointment of a home rule charter com-
 37 33 mission is filed with the city clerk not more than ten days
 37 34 after the council has published notice announcing the date of
 37 35 the special election on adoption of another form of
 38  1 government, the special election shall not be held until the
 38  2 charter proposed by the home rule charter commission is filed.
 38  3 Both forms must be published as provided in section 372.9 and
 38  4 submitted to the voters at the special election.
 38  5    Sec. 78.  Section 372.13, subsection 2, paragraph a,
 38  6 unnumbered paragraph 1, Code 1997, is amended to read as
 38  7 follows:
 38  8    By appointment by the remaining members of the council,
 38  9 except that if the remaining members do not constitute a
 38 10 quorum of the full membership, paragraph "b" shall be
 38 11 followed.  The appointment shall be for the period until the
 38 12 next pending election as defined in section 69.12, and shall
 38 13 be made within forty days after the vacancy occurs.  If the
 38 14 council chooses to proceed under this paragraph, it shall
 38 15 publish notice in the manner prescribed by section 362.3,
 38 16 stating that the council intends to fill the vacancy by
 38 17 appointment but that the electors of the city or ward, as the
 38 18 case may be, have the right to file a petition requiring that
 38 19 the vacancy be filled by a special election.  The council may
 38 20 publish notice in advance if an elected official submits a
 38 21 resignation to take effect at a future date.  The council may
 38 22 make an appointment to fill the vacancy after the notice is
 38 23 published or after the vacancy occurs, whichever is later.
 38 24 However, if within fourteen days after publication of the
 38 25 notice or within fourteen days after the appointment is made,
 38 26 whichever is later, there is filed with the city clerk a
 38 27 petition which requests a special election to fill the
 38 28 vacancy, an appointment to fill the vacancy is temporary and
 38 29 the council shall call a special election to fill the vacancy
 38 30 permanently, under paragraph "b".  The number of signatures of
 38 31 eligible electors of a city for a valid petition shall be
 38 32 determined as follows:
 38 33    Sec. 79.  Section 376.4, unnumbered paragraph 1, Code 1997,
 38 34 is amended to read as follows:
 38 35    An eligible elector of a city may become a candidate for an
 39  1 elective city office by filing with the city clerk a valid
 39  2 petition requesting that the elector's name be placed on the
 39  3 ballot for that office.  The petition must be filed not more
 39  4 than seventy-one days nor and not less than forty-seven days
 39  5 before the date of the election, and must be signed by
 39  6 eligible electors equal in number to at least two percent of
 39  7 those who voted to fill the same office at the last regular
 39  8 city election, but not less than ten persons.  However, for
 39  9 those cities which may be required to hold a primary election,
 39 10 the petition must be filed not more than eighty-five days and
 39 11 not less than sixty-eight days before the date of the regular
 39 12 city election.  A person may sign nomination petitions for
 39 13 more than one candidate for the same office, and the signature
 39 14 is not invalid solely because the person signed nomination
 39 15 petitions for one or more other candidates for the office.
 39 16 Nomination petitions shall be filed not later than five
 39 17 o'clock p.m. on the last day for filing.
 39 18    Sec. 80.  Section 376.10, Code 1997, is amended to read as
 39 19 follows:
 39 20    376.10  CONTEST.
 39 21    A nomination or election to a city office may be contested
 39 22 in the manner provided in chapter 62 for contesting elections
 39 23 to county offices, except that a statement of intent to
 39 24 contest must be filed with the city clerk within ten days
 39 25 after the nomination or election.  The mayor is presiding
 39 26 officer of the court for the trial of a nomination or election
 39 27 contest, except that if the mayor's nomination or election is
 39 28 contested, the council shall elect one of its members other
 39 29 than the mayor to serve as presiding officer.
 39 30    Sec. 81.  Sections 49.27, 49.29, and 49.42, Code 1997, are
 39 31 repealed.
 39 32    Sec. 82.  IMMEDIATE EFFECTIVE DATE.  New Code section 39.1A
 39 33 and amendments to Code sections 48A.22, 48A.26 through 48A.29,
 39 34 49.13, 49.16, 49.25, 50.48, 52.33, 52.35 through 52.38, 52.40,
 39 35 53.2, 53.19, 62.1, 62.2, 62.9, 69.14A, 277.4, and 372.13 in
 40  1 this Act, being deemed of immediate importance, take effect
 40  2 upon enactment.  
 40  3                           EXPLANATION
 40  4    This bill makes a number of changes to the election laws of
 40  5 Iowa.
 40  6    New Code section 39.1A prohibits county auditors from
 40  7 conducting elections which are not specifically authorized or
 40  8 required by state law.
 40  9    Code section 43.73 is amended to strike language which
 40 10 authorizes the secretary of state to prescribe party order on
 40 11 the ballot.  Code section 49.31 gives that authority to the
 40 12 county auditors.
 40 13    Code sections 43.88 and 44.4 are amended to change the
 40 14 candidate filing deadline for special elections held to fill
 40 15 vacancies in county offices from 20 to 25 days before the
 40 16 election to allow more time to print ballots.
 40 17    Code section 43.116 is amended to add a provision to
 40 18 specify a method for partisan nominations for special city
 40 19 elections to fill vacancies in offices in special charter
 40 20 cities.  The recommended change, nomination by convention,
 40 21 parallels similar provisions for other partisan special
 40 22 elections.
 40 23    Code section 44.11 is amended to provide that a
 40 24 substitution for a nonparty political organization candidate
 40 25 who withdraws from a partisan election may be made if the
 40 26 candidate withdraws before the statutory withdrawal deadlines
 40 27 for such candidates.
 40 28    New Code section 44.17 is enacted to provide that a
 40 29 nonparty political organization may nominate a candidate for
 40 30 partisan office by petition in lieu of nomination by caucus or
 40 31 convention and allows a nonparty political organization to
 40 32 provide for the substitution of a candidate in an election if
 40 33 procedures for such substitution are filed with the county
 40 34 commissioner of elections before the close of the nomination
 40 35 petition filing deadline.
 41  1    New Code section 47.4 provides that filings pertaining to
 41  2 an election, the deadline for which falls on a day the county
 41  3 or state commissioner of elections office is closed for
 41  4 business, shall be filed on the next day that the office of
 41  5 county or state commissioner is open for business to receive
 41  6 the filing.
 41  7    Code section 47.5 is amended to strike the requirement that
 41  8 county commissioner of elections' bid specifications be filed
 41  9 with the state commissioner of elections.
 41 10    Code section 47.6 is amended to require that notice of a
 41 11 special election that will be held in conjunction with a
 41 12 previously scheduled special election be given not later than
 41 13 the last day to file nomination papers for the previously
 41 14 scheduled special election.
 41 15    Code section 48A.22 is amended to strike the requirement
 41 16 that the secretary of state sell voter registration forms and
 41 17 that they be sold at the cost of production.  The amended
 41 18 language requires the secretary of state to provide
 41 19 registration forms, without specifying the kind.
 41 20    The National Voter Registration Act (NVRA) is a federal law
 41 21 which became effective January 1, 1995.  NVRA requires mailing
 41 22 of some specific documents, but does not specifically require
 41 23 that they be sent by first class mail.  Code sections 48A.26
 41 24 through 48A.29 are amended to strike the first class mailing
 41 25 requirement.
 41 26    Code section 48A.27 is also amended to eliminate the
 41 27 requirement that a mail registration form be provided to
 41 28 people who have moved from one county to another within Iowa.
 41 29    Code section 49.13 is amended to permit the auditor to
 41 30 appoint two people of different political parties to serve as
 41 31 co-chairpersons of the precinct election board.  The amendment
 41 32 also makes editorial changes.
 41 33    Code section 49.16 is amended to prohibit a precinct
 41 34 election official, who has changed party affiliation from the
 41 35 party which designated the official, from working at the polls
 42  1 as a designee of the party with which the official was
 42  2 formerly registered.
 42  3    Code sections 49.20 and 49.125 are amended to provide that
 42  4 the board of supervisors shall set the mileage rate for
 42  5 election workers.  Currently, they are paid at the rate set
 42  6 for state employees.
 42  7    Code section 49.25 is amended to require that ballot boxes
 42  8 be locked during the receiving of ballots, except during early
 42  9 ballot pickup activities and when opened by the counting board
 42 10 charged with tabulating votes in paper ballot precincts during
 42 11 the hours when the polls are open.  This amendment also adds
 42 12 secrecy sleeves to the equipment needed at the polls.  Secrecy
 42 13 sleeves are needed for use with machine-read ballots that
 42 14 cannot be folded to conceal the voter's marks.
 42 15    Code section 49.29 is repealed and incorporated into Code
 42 16 section 49.26, and Code section 49.26, which relates to ballot
 42 17 marking instructions, is reworded to permit the use of
 42 18 machine-read ballots, even if they will be counted by hand.
 42 19    Code section 49.27 is repealed and has been incorporated
 42 20 into Code section 49.30.  All information about what can be
 42 21 placed upon a separate ballot is now in a single Code section.
 42 22 It is organized according to the three general types of voting
 42 23 equipment used in Iowa and specifies the circumstances under
 42 24 which separate ballots may be used for each type of voting
 42 25 equipment.  Code section 49.30 is amended to add to the list
 42 26 of offices that may be printed on a separate paper ballot in
 42 27 voting machine precincts, all nonpartisan offices listed in
 42 28 Code section 39.21 (regional library trustees, county public
 42 29 hospital trustees, soil and water district conservation
 42 30 commissioners, and county agricultural extension councils).
 42 31 The amendment also allows separate paper ballots in precincts
 42 32 that incorporate more than one township if any of the
 42 33 townships elects its township officers.
 42 34    Code section 49.31, relating to the arrangement of names on
 42 35 the ballot, is amended to provide that the names of candidates
 43  1 shall be listed below the title of the office, and, for
 43  2 partisan offices, above the name of the political party or
 43  3 nonparty political organization which nominated the candidate.
 43  4 The amendment provides that the county commissioner shall
 43  5 determine the order of political parties and nonparty
 43  6 political organizations on the ballot and that each ballot
 43  7 used in the county shall be identical.
 43  8    Code section 49.33 is amended to revise the description of
 43  9 the space where the voter indicates a choice for paired
 43 10 offices and provides that write-in votes will no longer be
 43 11 tabulated separately for the offices of president and vice
 43 12 president, and governor and lieutenant governor.
 43 13    Code section 49.35, relating to the order of arranging
 43 14 tickets on the ballot, is amended to pertain to lever voting
 43 15 machine ballots only.
 43 16    Code section 49.37 is amended to eliminate the requirement
 43 17 that ballots be arranged in columns or rows by political party
 43 18 or nonparty political organization.  It also requires that the
 43 19 first section of partisan ballots be reserved for straight
 43 20 party voting, then political parties or nonparty political
 43 21 organizations which have nominated candidates for more than
 43 22 one office, then political parties or organizations which have
 43 23 nominated candidates for only one office.  The amendment also
 43 24 requires that the ballot shall contain instructions for
 43 25 straight party voting.
 43 26    Code section 49.42 is repealed and new Code section 49.42A
 43 27 is enacted to prescribe the form for general election ballots.
 43 28    Code section 49.43 is amended to provide that, if possible,
 43 29 all public measures and constitutional amendments shall be
 43 30 placed on a single special paper ballot.  The special ballot
 43 31 shall also include all offices to be voted upon.
 43 32    Code section 49.44 is amended to require that a summary of
 43 33 a proposed constitutional amendment or other public measure be
 43 34 placed on the ballot immediately before the full text of the
 43 35 amendment or measure on special paper ballots.  If the full
 44  1 text of the amendment or measure will not fit on the ballot,
 44  2 it shall be posted inside the voting booth and included with
 44  3 absentee ballots.
 44  4    Code section 49.45 is amended to more specifically
 44  5 prescribe the general form of ballots containing
 44  6 constitutional amendments or other public measures.
 44  7    Code section 49.46, relating to marking ballots on public
 44  8 measures, is amended to provide for making the appropriate
 44  9 mark on special paper ballots.
 44 10    Code section 49.47, relating to the notice, or voting
 44 11 instructions, for ballots containing a constitutional
 44 12 amendment or public measure is amended to apply to all types
 44 13 of ballots, including special paper ballots, and allows the
 44 14 notice to be adapted, where appropriate.
 44 15    Code section 49.57 is amended to do the following:  (1)
 44 16 provide for the inclusion of party names with the names of
 44 17 candidates in the new office block ballot plan; (2) add to the
 44 18 ballot preparation instructions a requirement that office
 44 19 title indicate if an office appears on the ballot to fill a
 44 20 vacancy; (3) change the type specifications from fractions of
 44 21 inches to point size; (4) strikes the requirement that ballot
 44 22 paper be white because some voting systems use off-white card
 44 23 stock.
 44 24    Code section 49.73 is amended to increase the city
 44 25 population threshold at which a city is allowed to shorten
 44 26 voting hours on election day.  The threshold is increased from
 44 27 any city of more than 3,500 population to more than 10,000
 44 28 population.  For those cities in which there are only
 44 29 uncontested elections and no public questions on the ballot,
 44 30 the threshold is raised from more than 3,500 to more than
 44 31 10,000.
 44 32    Code section 49.92 updates the voting mark descriptions and
 44 33 targets to account for the use of a voting system other than
 44 34 the paper ballot system.
 44 35    Code section 49.93, relating to the number of votes allowed
 45  1 for each office, is reworded.
 45  2    Code sections 49.94 and 49.95 are amended to change voting
 45  3 target description and voting mark description to include
 45  4 variations allowed by optical scan voting systems.  Portions
 45  5 of sections 49.94 and 49.95, relating to straight ticket
 45  6 marking and voting only part of a ticket, respectively, are
 45  7 reworded.
 45  8    Code sections 49.96 and 49.97, relating to voting for
 45  9 offices with more than one person to be elected and marking a
 45 10 mixed ticket, respectively, are reworded.
 45 11    Code section 49.98, relating to the instructions for
 45 12 counting ballots; Code section 49.99, relating to write-in
 45 13 votes; and Code section 49.100, relating to replacing spoiled
 45 14 ballots, are reworded.
 45 15    Code section 50.13 is amended to remove the requirement
 45 16 that representatives of the political parties attend the
 45 17 destruction of ballots.
 45 18    Code section 50.48 is amended to allow the envelope
 45 19 containing ballots counted without the unanimous agreement of
 45 20 the precinct election officials to be delivered to the recount
 45 21 board.  The function of recounts is to reexamine the
 45 22 tabulation of votes at an election.  Currently these ballots
 45 23 are returned to the auditor as "disputed ballots".  The
 45 24 proposed amendment also requires that the tabulating program
 45 25 used on election day be used in the recount.
 45 26    Code section 52.10 is amended to provide that lists of
 45 27 candidates of a political party or nonparty political
 45 28 organization may be arranged in horizontal rows or vertical
 45 29 columns if necessary to meet the physical requirements of the
 45 30 voting machine used.
 45 31    Code section 52.12 is amended to require that voting
 45 32 machines have a single lever or switch to make a straight
 45 33 party vote.
 45 34    Code section 52.33 is amended to require the absentee and
 45 35 special precinct board to follow the same procedure as the
 46  1 central count resolution board when tabulating optical scan
 46  2 ballots.  This permits the board to make a duplicate of a
 46  3 damaged or unreadable ballot and include the duplicate ballot
 46  4 in the machine count.
 46  5    Code section 52.35, and by reference section 52.38, are
 46  6 amended to eliminate the requirement that voting equipment
 46  7 test results be certified to the secretary of state.
 46  8    Code section 52.36 is amended to require resolution boards
 46  9 to divide into two-person bipartisan teams.  Resolution boards
 46 10 tabulate write-in votes and decide questions regarding ballots
 46 11 which cannot be tabulated by the machine.  Resolution boards
 46 12 are currently required to divide into teams of three people.
 46 13    Code section 52.37, relating to tabulation of electronic
 46 14 voting system ballots, is amended to allow the commissioner of
 46 15 elections to instruct the resolution board to mark over
 46 16 voters' marks unreadable by the machine, if possible, or to
 46 17 duplicate the ballot.
 46 18    Code section 52.38 is amended to eliminate the requirement
 46 19 that portable tabulating devices be tested at the polling
 46 20 place where they are to be used.
 46 21    Code section 52.40 is amended to allow precinct election
 46 22 officials to seal the ballot box at early ballot pick-up sites
 46 23 at a convenient time and to open a second ballot box when it
 46 24 is convenient.  The early pick-up officers would no longer be
 46 25 required to do these tasks.
 46 26    Code section 53.2 is amended to prohibit mailing an
 46 27 application for an absentee ballot to an address other than
 46 28 the county auditor or to an address designated by the auditor.
 46 29    Code section 53.19 is amended to allow voters to surrender
 46 30 marked or unmarked absentee ballots on election day and vote
 46 31 unchallenged at the polls.
 46 32    Code section 54.5 is amended to provide for substitution of
 46 33 candidates in a presidential election.  A substitution is to
 46 34 be made by the state central committee of the party or by the
 46 35 governing committee of the national party.  However, if there
 47  1 are differences, the state central committee substitution
 47  2 prevails.  Nonparty political organizations may also
 47  3 substitute candidates in a presidential election.
 47  4    Currently no statutory provision exists for contesting a
 47  5 special election to fill a vacancy in the general assembly.
 47  6 The proposed amendment to Code section 59.1 adds a method for
 47  7 contesting the outcome of a special election while the general
 47  8 assembly is in session.  The contestant would file a notice of
 47  9 contest with the speaker of the house of representatives or
 47 10 with the president of the senate, as appropriate, not more
 47 11 than 20 days after the canvass of votes.
 47 12    Code sections 62.1 and 62.2 are amended to change the
 47 13 contest court chairperson from the chairperson of the county
 47 14 board of supervisors to a third person mutually agreed to by
 47 15 the judges selected by the incumbent and the contestant.
 47 16    Code section 62.9 is amended to strike the limitation that
 47 17 the contest court may not begin for at least 20 days after the
 47 18 election.
 47 19    Code sections 69.14A and 372.13 are amended to strike the
 47 20 words "whichever is later" from the description of the filing
 47 21 period for a petition requesting a special election to fill a
 47 22 vacancy on the county board of supervisors.  The appointment
 47 23 will always be later than the publication of the notice of
 47 24 intent to appoint.
 47 25    Code Section 69.14A is also amended to change the notice of
 47 26 election to fill a vacancy from 30 to 32 days, to be
 47 27 consistent with other special election notice requirements.
 47 28 Thirty days before a Tuesday election always falls on a
 47 29 Sunday.  This amendment moves the deadline back to the
 47 30 preceding Friday.
 47 31    Code section 277.4 is amended to specify the minimum
 47 32 signature requirements for school board candidates.
 47 33    Code section 278.1 prescribes the procedure for changing
 47 34 the method of school elections which is similar to Code
 47 35 sections 275.35 and 275.36, except for petition filing
 48  1 deadlines and the thoroughness of the procedures.  The more
 48  2 thorough language of Code sections 275.35 and 275.36 has been
 48  3 retained.  The provision in Code section 278.1, subsection 8,
 48  4 allowing voters to redraw the director district boundaries at
 48  5 an election is stricken.  Director district boundaries are
 48  6 drawn after the census on the basis of population.
 48  7    Code section 372.2 is amended to specify the timing of a
 48  8 city special election date.  The amendment requires
 48  9 publication of intent to hold a special election on adoption
 48 10 of another form of government and notice that citizens may
 48 11 petition for appointment of a home rule charter commission,
 48 12 thereby delaying the election on adoption of another form of
 48 13 government.
 48 14    Code section 372.3 is amended to establish a deadline for
 48 15 filing a petition for appointment of a home rule charter
 48 16 commission.  Filing this petition will stay a special election
 48 17 on adoption of another form of government.  Currently no
 48 18 deadline for filing the petition is prescribed.
 48 19    Code section 376.4 is amended to extend from 47 days to 68
 48 20 days the candidate filing deadline for candidates in city
 48 21 elections where the city is required to hold a primary
 48 22 election.  A city may provide by ordinance to hold runoff
 48 23 elections or to allow nominations of candidates in the same
 48 24 manner as nonpolitical party organizations.  In the absence of
 48 25 either ordinance, a city is required to hold a primary
 48 26 election if the number of candidates filing valid nomination
 48 27 petitions for an office is at least twice the number of
 48 28 positions to be filled.
 48 29    Code section 376.10 is amended to change the contest court
 48 30 chairperson for city elections from the mayor to a third
 48 31 person mutually agreed to by the judges selected by the
 48 32 incumbent and the contestant, as provided in Code chapter 62
 48 33 as amended in this bill.
 48 34    New Code section 39.1A and amendments to Code sections
 48 35 48A.22, 48A.26 through 48A.29, 49.13, 49.16, 49.25, 50.48,
 49  1 52.33, 52.35 through 52.38, 52.40, 53.2, 53.19, 62.1, 62.2,
 49  2 62.9, 69.14A, 277.4, and 372.13 take effect upon enactment.  
 49  3 LSB 1178DP 77
 49  4 sc/jw/5.1
     

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