Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.2, subsection 1, unnumbered 1 2 paragraph 2, Code 1999, is amended to read as follows: 1 3 A special election shall not be held in conjunction with 1 4 the primary election. A special election shall not be held in 1 5 conjunction with a school election unless the special election 1 6 is for a school district or community college. A special 1 7 election shall not be held in conjunction with a regularly 1 8 scheduled or special city primary or city runoff election. 1 9 Sec. 2. Section 39.3, subsection 14, Code 1999, is amended 1 10 to read as follows: 1 11 14. "School election" means that election held pursuant to 1 12 section 277.1 or 277.2. 1 13 Sec. 3. NEW SECTION. 39.5 ELECTIONS AUTHORIZED. 1 14 The commissioner shall conduct only elections authorized or 1 15 required by state law. 1 16 Sec. 4. NEW SECTION. 39.26 CANDIDATE QUALIFICATIONS. 1 17 Any person seeking election to an elective office under the 1 18 laws of this state shall be an eligible elector at the time of 1 19 any election at which the person's name appears on the ballot. 1 20 Sec. 5. NEW SECTION. 39.27 QUALIFICATIONS FOR PUBLIC 1 21 OFFICE. 1 22 Any person elected to an office under the laws of this 1 23 state shall be an eligible elector. At the time an elected 1 24 official takes office the official shall be a resident of the 1 25 state, district, county, township, city, or ward by or for 1 26 which the person was elected, or in which the duties of the 1 27 office are to be exercised. An elected official shall 1 28 continue to be a resident of the state, district, county, 1 29 township, city, or ward by or for which the person was 1 30 elected, or in which the duties of the office are to be 1 31 exercised for the duration of the term of office. This 1 32 section shall not apply to United States senators or 1 33 representatives in Congress or to members of the general 1 34 assembly. 1 35 Sec. 6. Section 43.14, Code 1999, is amended by striking 2 1 the section and inserting in lieu thereof the following: 2 2 43.14 FORM OF NOMINATION PAPERS. 2 3 1. Nomination papers shall include a petition and an 2 4 affidavit of candidacy. All nomination petitions shall be 2 5 eight and one-half by fourteen inches in size and in 2 6 substantially the form prescribed by the commissioner of 2 7 elections. They shall include or provide spaces for the 2 8 following information: 2 9 a. A statement identifying the signers of the petition as 2 10 eligible electors of the appropriate county or legislative 2 11 district and of the state. 2 12 b. The name of the candidate nominated by the petition. 2 13 c. For nomination petitions for candidates for the general 2 14 assembly, a statement that the residence of the candidate is 2 15 within the appropriate legislative district, or if that is not 2 16 true that the candidate will reside there within sixty days 2 17 before the election. For other offices, a statement of the 2 18 name of the county where the candidate resides. 2 19 d. The political party with which the candidate is a 2 20 registered voter. 2 21 e. The office sought by the candidate, including the 2 22 district number, if any. 2 23 f. The date of the primary election for which the 2 24 candidate is nominated. 2 25 Signatures on a petition page shall be counted only if the 2 26 required form is written or printed at the top of the page and 2 27 properly completed information. Nomination papers on behalf 2 28 of candidates for seats in the general assembly need only 2 29 designate the number of the senatorial or representative 2 30 district, as appropriate, and not the county or counties, in 2 31 which the candidate and the petitioners reside. A signature 2 32 line shall not be counted if the line lacks the signature of 2 33 the eligible elector and the signer's address and city. The 2 34 person examining the petition shall mark any deficiencies on 2 35 the petition and affidavit. 3 1 2. Signed nomination petitions and the signed and 3 2 notarized affidavit of candidacy shall not be altered to 3 3 correct deficiencies noted during examination. If the 3 4 nomination petition lacks a sufficient number of acceptable 3 5 signatures, the nomination petition shall be rejected and 3 6 shall be returned to the candidate. 3 7 The nomination papers shall be rejected if the affidavit 3 8 lacks any of the following: 3 9 a. The candidate's name. 3 10 b. The name of the office sought, including the district, 3 11 if any. 3 12 c. The political party name. 3 13 d. The signature of the candidate. 3 14 e. The signature of a notary public or other officer 3 15 empowered to witness oaths. 3 16 The candidate may replace a deficient affidavit with a 3 17 corrected affidavit only if the replacement affidavit is filed 3 18 before the filing deadline. The candidate may resubmit a 3 19 nomination petition that has been rejected by adding a 3 20 sufficient number of pages or signatures to correct the 3 21 deficiency. A nomination petition and affidavit filed to 3 22 replace rejected nomination papers shall be filed together 3 23 before the deadline for filing. 3 24 Sec. 7. Section 43.15, subsection 4, Code 1999, is amended 3 25 to read as follows: 3 26 4. When more than one sheet is used, the sheets shall be 3 27 neatly arranged and securely fastened together before filing, 3 28 and shall be considered one nominationpaperpetition. 3 29 Nomination petitions which are not securely fastened together 3 30 shall be returned to the candidate or the candidate's designee 3 31 without examination. The state commissioner shall prescribe 3 32 by rule the acceptable methods for binding nomination 3 33 petitions. 3 34 Sec. 8. Section 43.27, Code 1999, is amended to read as 3 35 follows: 4 1 43.27 PRINTING OF BALLOTS. 4 2 The ballots of each political party shall be printed in 4 3 black ink, on separate sheets of paper, uniform incolor,4 4 quality, texture, and size, with the name of the political 4 5 party printed at the head of said ballots, which ballots shall 4 6 be prepared by the commissioner in the same manner as for the 4 7 general election, except as in this chapter provided. The 4 8 commissioner may print the ballots for each political party 4 9 using a different color for each party. If colored paper is 4 10 used, all of the ballots for each separate party shall be 4 11 uniform in color. 4 12 Sec. 9. Section 43.45, Code 1999, is amended by striking 4 13 the section and inserting in lieu thereof the following: 4 14 43.45 CANVASS OF VOTES. 4 15 1. Upon the closing of the polls the precinct election 4 16 officials shall immediately publicly canvass the vote. The 4 17 canvass shall be conducted using the procedures established in 4 18 subsection 2 or 3, whichever is appropriate for the voting 4 19 system used in the precinct. 4 20 2. In precincts where paper ballots are used, precinct 4 21 election officials shall do all of the following: 4 22 a. Place the ballots of the several political parties in 4 23 separate piles. 4 24 b. Separately count the ballots of each party, and make 4 25 the correct entries thereof on the tally sheets. 4 26 c. Certify to the number of votes cast upon the ticket of 4 27 each political party for each candidate for each office. 4 28 d. Place the ballots cast on behalf of each of the parties 4 29 in separate envelopes. Seal each envelope and place the 4 30 signature of all board members of the precinct across the seal 4 31 of the envelope so that it cannot be opened without breaking 4 32 the seal. 4 33 e. On the outside of each envelope enter the number of 4 34 ballots cast by each party in the precinct and contained in 4 35 the envelope. 5 1 f. Seal the tally sheets and certificates of the precinct 5 2 election officials in an envelope on the outside of which are 5 3 written or printed the names of the several political parties 5 4 with the names of the candidates for the different offices 5 5 under their party name, and opposite each candidate's name 5 6 enter the number of votes cast for such candidate in the 5 7 precinct. 5 8 g. Enter on the envelope the total number of voters of 5 9 each party who cast ballots in the precinct. 5 10 h. Communicate the results in the manner required by 5 11 section 50.11, to the commissioner of the county in which the 5 12 polls are located, who shall remain on duty until the results 5 13 are communicated to the commissioner from each polling place 5 14 in the county. 5 15 3. In precincts where voting machines are used, precinct 5 16 election officials shall do all of the following: 5 17 a. Close the machines to prevent additional voting, and 5 18 print the results for the precinct. 5 19 b. Tabulate all write-in votes. If necessary, add the 5 20 votes, including write-in votes, from all machines to obtain 5 21 the total number of votes cast in the precinct by the members 5 22 of each political party for each office on the ballot. 5 23 c. Put any forms used by voters to cast write-in votes in 5 24 an envelope with one copy of the printed results from each 5 25 voting machine. Seal the envelope and place the signature of 5 26 all board members of the precinct across the seal of the 5 27 envelope so that it cannot be opened without breaking the 5 28 seal. 5 29 d. On the outside of the envelope enter the number of 5 30 voters from each party in the precinct. Report the number of 5 31 votes cast for each office by the voters of each political 5 32 party. A copy of the printed tape from the voting machine may 5 33 be used to report vote totals. 5 34 e. Communicate the results to the commissioner in the 5 35 manner required by section 50.11. The commissioner shall 6 1 remain on duty until the results are communicated to the 6 2 commissioner from each polling place in the county. 6 3 4. To perform the precinct count, precinct election 6 4 officials shall do all of the following: 6 5 a. Close and secure the ballot reader to prevent the 6 6 insertion of additional ballots. 6 7 b. Print the results for the precinct. 6 8 c. Open the ballot container. Secure all ballots counted 6 9 by the vote-tabulating device. Sort the remaining ballots by 6 10 party. Tally all write-in votes and any other ballots not yet 6 11 counted. Record the results in the tally list. 6 12 d. Put all ballots in an envelope or other package and 6 13 seal it. All members of the board shall sign their names 6 14 across the seal of the envelope. The seal shall be placed so 6 15 that the envelope or package cannot be opened without breaking 6 16 the seal. 6 17 5. To perform the central count, precinct election 6 18 officials shall follow the procedures in section 52.32. 6 19 Sec. 10. Section 43.48, Code 1999, is amended to read as 6 20 follows: 6 21 43.48 ELECTOR MAY ASCERTAIN VOTE CAST. 6 22 Any elector of the county shall have the right, before the 6 23 day fixed for canvassing the returns, to ascertain the vote 6 24 cast for any candidate in any precinct in the county, as shown 6 25 on the outside of the envelope containing the tally list or on 6 26 printed reports from voting machines or electronic voting 6 27 systems. 6 28 Sec. 11. Section 44.4, unnumbered paragraph 1, Code 1999, 6 29 is amended to read as follows: 6 30 Nominations made pursuant to this chapter and chapter 45 6 31 which are required to be filed in the office of the state 6 32 commissioner shall be filed in that office not more than 6 33 ninety-nine days nor later than five p.m. on the eighty-first 6 34 day before the date of the general election to be held in 6 35 November. Nominations made for a special election called 7 1 pursuant to section 69.14 shall be filed by five p.m. not less 7 2 than twenty-five days before the date of an election called 7 3 upon at least forty days' notice and not less than fourteen 7 4 days before the date of an election called upon at least 7 5 eighteen days' notice. Nominations made for a special 7 6 election called pursuant to section 69.14A shall be filed by 7 7 five p.m. not less thantwentytwenty-five days before the 7 8 date of the election. Nominations made pursuant to this 7 9 chapter and chapter 45 which are required to be filed in the 7 10 office of the commissioner shall be filed in that office not 7 11 more than ninety-two days nor later than five p.m. on the 7 12 sixty-ninth day before the date of the general election. 7 13 Nominations made pursuant to this chapter or chapter 45 for 7 14 city office shall be filed not more than seventy-two days nor 7 15 later than five p.m. on the forty-seventh day before the city 7 16 election with the city clerk, who shall process them as 7 17 provided by law. 7 18 Sec. 12. NEW SECTION. 45.5 FORM OF NOMINATION PAPERS. 7 19 Nomination papers shall include a petition and an affidavit 7 20 of candidacy. All nomination petitions shall be eight and 7 21 one-half by fourteen inches in size and shall be in 7 22 substantially the form prescribed by the state commissioner of 7 23 elections. They shall provide spaces for the following 7 24 information: 7 25 1. A statement identifying the signers of the petition as 7 26 eligible electors of the appropriate county or legislative 7 27 district and of the state of Iowa. 7 28 2. The name of the candidate nominated by the petition. 7 29 3. A statement that the candidate is a resident of the 7 30 appropriate ward, city, county, school district, or 7 31 legislative or other district as required by section 45.1. 7 32 4. The office sought by the candidate, including the 7 33 district number, if any. 7 34 5. The name and date of the election for which the 7 35 candidate is nominated. 8 1 Signatures on a petition page shall be counted only if the 8 2 required form is written or printed at the top of the page and 8 3 properly completed with all requested information. Nomination 8 4 papers on behalf of candidates for seats in the general 8 5 assembly need only designate the number of the senatorial or 8 6 representative district, as appropriate, and not the county or 8 7 counties, in which the candidate and the petitioners reside. 8 8 Signature lines on the nomination petitions shall not be 8 9 counted if the line lacks the signature of the eligible 8 10 elector and the signer's address and city. The person 8 11 examining the petition shall mark any deficiencies on the 8 12 petition. 8 13 The pages of the petition shall be securely fastened 8 14 together to form a single bundle. Nomination petitions that 8 15 are not bound shall be returned without further examination. 8 16 The state commissioner shall prescribe by rule the acceptable 8 17 methods for binding nomination petitions. 8 18 Signed nomination petitions and the signed and notarized 8 19 affidavit of candidacy shall not be altered to correct 8 20 deficiencies noted during the examination. If the nomination 8 21 petition lacks a sufficient number of acceptable signatures, 8 22 the nomination papers shall be rejected and returned to the 8 23 candidate. 8 24 The nomination papers shall be rejected if the affidavit 8 25 lacks any of the following: 8 26 a. The candidate's name. 8 27 b. The name of the office sought, including the district, 8 28 if any. 8 29 c. The signature of the candidate. 8 30 d. The signature of a notary public or other officer 8 31 empowered to witness oaths. 8 32 The candidate may replace a deficient affidavit with a 8 33 corrected one only if the replacement is filed before the 8 34 filing deadline. The candidate may resubmit a nomination 8 35 petition that has been rejected by adding a sufficient number 9 1 of pages or signatures to correct the deficiency. A 9 2 nomination petition and affidavit filed to replace rejected 9 3 nomination papers shall be filed together before the deadline 9 4 for filing. 9 5 Sec. 13. NEW SECTION. 45.6 REQUIREMENTS IN SIGNING. 9 6 The following requirements shall be observed in the signing 9 7 and preparation of nomination petitions: 9 8 1. A signer may sign nomination petitions for more than 9 9 one candidate for the same office, and the signature is not 9 10 invalid solely because the signer signed nomination petitions 9 11 for one or more other candidates for the office. 9 12 2. Each signer shall add the signer's residence, with 9 13 street and number. 9 14 3. All signers, for all nominations, of each separate part 9 15 of a nomination petition, shall reside in the appropriate 9 16 ward, city, county, school district, or legislative or other 9 17 district as required by section 45.1. 9 18 4. When more than one sheet is used, the sheets shall be 9 19 neatly arranged and securely fastened together before filing, 9 20 and shall be considered one nomination petition. 9 21 5. Only one candidate shall be petitioned for or nominated 9 22 in the same nomination petition, except for the offices of 9 23 governor and lieutenant governor, and president and vice 9 24 president. 9 25 Sec. 14. Section 48A.9, subsection 1, Code 1999, is 9 26 amended to read as follows: 9 27 1. Registration closes at five p.m. eleven days before 9 28 each election exceptprimary andgeneral elections. For 9 29primary andgeneral elections, registration closes at five 9 30 p.m. ten days before the election. An eligible elector may 9 31 register during the time registration is closed in the 9 32 elector's precinct but the registration shall not become 9 33 effective until registration opens again in the elector's 9 34 precinct. 9 35 Sec. 15. Section 48A.9, subsection 2, Code 1999, is 10 1 amended to read as follows: 10 2 2. The commissioner's office shall be open from eight a.m. 10 3 until at least five p.m. on the day registration closes before 10 4 each regularly scheduled election. However, if the last day 10 5 to register to vote for a regularly scheduled election falls 10 6 on the day after Thanksgiving, the deadline shall be the 10 7 following Monday. 10 8 Sec. 16. Section 48A.27, subsection 4, paragraph c, 10 9 unnumbered paragraph 2, Code 1999, is amended to read as 10 10 follows: 10 11 The notice shall be sent by forwardable mail, and shall 10 12 include a postage paid preaddressed return card on which the 10 13 registered voter may state the registered voter's current 10 14 address. The notice shall contain a statement in 10 15 substantially the following form: "Information received from 10 16 the United States postal service indicates that you are no 10 17 longer a resident of, and therefore not eligible to vote in 10 18 (name of county) County, Iowa. If this information is not 10 19 correct, and you still live in (name of county) County, please 10 20 complete and mail the attached postage paid card at least ten 10 21 days before the primary or general election and at least 10 22 eleven days before any other election at which you wish to 10 23 vote. If the information is correct and you have moved, 10 24 please contact a local official in your new area for 10 25 assistance in registering there. If you do not mail in the 10 26 card, you may be required to show identificationproving your10 27residence in (name of county) Countybefore being allowed to 10 28 vote in (name of county) County. If you do not return the 10 29 card, and you do not vote in an election in (name of county) 10 30 County, Iowa, on or before (date of second general election 10 31 following the date of the notice) your name will be removed 10 32 from the list of voters in that county. To ensure you receive 10 33 this notice, it is being sent to both your most recent 10 34 registration address and to your new address as reported by 10 35 the postal service." 11 1 Sec. 17. Section 48A.28, subsection 3, unnumbered 11 2 paragraph 2, Code 1999, is amended to read as follows: 11 3 The form and language of the confirmation notice and return 11 4 card shall be specified by the state voter registration 11 5 commission by rule. 11 6 Sec. 18. Section 48A.29, subsection 3, unnumbered 11 7 paragraph 2, Code 1999, is amended to read as follows: 11 8 The notice shall be sent by forwardable mail, and shall 11 9 include a postage paid preaddressed return card on which the 11 10 registered voter may state the registered voter's current 11 11 address. The notice shall contain a statement in 11 12 substantially the following form: "Information received by 11 13 this office indicates that you are no longer a resident of 11 14 (residence address) in (name of county) County, Iowa. If the 11 15 information is not correct, and you still live at that 11 16 address, please complete and mail the attached postage paid 11 17 card at least ten days before the primary or general election 11 18 and at least eleven days before any other election at which 11 19 you wish to vote. If the information is correct, and you have 11 20 moved within the county, you may update your registration by 11 21 listing your new address on the card and mailing it back. If 11 22 you have moved outside the county, please contact a local 11 23 official in your new area for assistance in registering there. 11 24 If you do not mail in the card, you may be required to show 11 25 identificationproving your residence in (name of county)11 26Countybefore being allowed to vote in (name of county) 11 27 County. If you do not return the card, and you do not vote in 11 28 some election in (name of county) County, Iowa, on or before 11 29 (date of second general election following the date of the 11 30 notice) your name will be removed from the list of registered 11 31 voters in that county." 11 32 Sec. 19. Section 49.30, subsection 1, Code 1999, is 11 33 amended to read as follows: 11 34 1. Where special paper ballots are used, if it is not 11 35 possible to include all offices and public measures on a 12 1 single ballot, separate ballots may be provided for township 12 2 offices, nonpartisan offices, judges, or public measures. 12 3 Sec. 20. Section 49.31, subsection 2, Code 1999, is 12 4 amended by adding the following new unnumbered paragraph: 12 5 NEW UNNUMBERED PARAGRAPH. On the general election ballot 12 6 the names of candidates for the nonpartisan offices listed in 12 7 section 39.21 shall be arranged by drawing lots for position. 12 8 The board of supervisors shall hold the drawing at its first 12 9 meeting following the deadline for receipt of objections and 12 10 withdrawals by candidates for the general election. The names 12 11 of candidates for nonpartisan offices on the general election 12 12 ballot shall be rotated once. 12 13 Sec. 21. Section 49.57, subsection 4, Code 1999, is 12 14 amended to read as follows: 12 15 4. On ballots that will be counted by electronic 12 16 tabulating equipment, ballots shall include a voting target 12 17 next to the name of each candidate. The position, shape, and 12 18 size of the targets shall be appropriate for the equipment to 12 19 be used in counting the votes. Where paper ballots are used, 12 20 a square, the sides of which shall not be less than one-fourth12 21of an inch in length,may be printed at the beginning of each 12 22 line in which the name of a candidate is printed, except as 12 23 otherwise provided. 12 24 Sec. 22. Section 49.64, Code 1999, is amended to read as 12 25 follows: 12 26 49.64 NUMBER OF BALLOTS DELIVERED. 12 27 The commissioner shallcause ballots of the kind to be12 28voted in each precinct, to be delivereddeliver to the 12 29 precinct election officialsas follows: in general elections12 30which are presidential elections seventy-five ballots for12 31every fifty votes, or fraction thereof, cast in said precinct12 32at the last preceding general election which was also a12 33presidential election; and in general elections which are not12 34presidential elections, seventy-five ballots for every fifty12 35votes, or fraction thereof, cast therein at the last preceding13 1general election which was not a presidential electiona 13 2 sufficient number of ballots of each kind to be voted in the 13 3 precinct. In determining the number of ballots, the 13 4 commissioner shall take into consideration the number of 13 5 active and inactive registered voters in the precinct, the 13 6 number of people who voted in the precinct in previous similar 13 7 elections, the number of contested and uncontested races on 13 8 the ballot, public measures appearing on the ballot, and the 13 9 local political conditions that may affect participation in 13 10 the election. 13 11 Sec. 23. Section 49.70, Code 1999, is amended to read as 13 12 follows: 13 13 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. 13 14 The commissioner shall cause copies of the foregoing 13 15 instructions to be printed in large, clear type, under the 13 16 heading of "Card ofInstructions for Voters", and shall 13 17 furnish the precinct election officials with a sufficient 13 18 number of suchcardsinstructions as will enable them to 13 19 comply with section 49.71. 13 20 Sec. 24. Section 49.73, subsection 1, paragraph b, Code 13 21 1999, is amended to read as follows: 13 22 b. Any election conducted for a city of three thousand 13 23 five hundred or less population, including a local option 13 24 sales and services tax election conducted pursuant to section 13 25 422B.1. At elections conducted pursuant to chapter 422B, 13 26 contiguous cities shall have the same voting hours. 13 27 Sec. 25. Section 49.73, subsection 1, is amended by adding 13 28 the following new paragraph: 13 29 NEW PARAGRAPH. e. The unincorporated area of any county 13 30 voting on a local option sales and services tax pursuant to 13 31 section 422B.1. 13 32 Sec. 26. Section 49.79, Code 1999, is amended to read as 13 33 follows: 13 34 49.79 CHALLENGES. 13 35 Any person offering to vote may be challenged as 14 1 unqualified by any precinct election official orelector; and14 2itregistered voter. It is the duty of each official to 14 3 challenge any person offering to vote whom the official knows 14 4 or suspects is not duly qualified. A ballot shall be received 14 5 from a voter who is challenged, but only in accordance with 14 6 section 49.81. 14 7 Sec. 27. Section 49.81, subsection 2, unnumbered paragraph 14 8 2, Code 1999, is amended to read as follows: 14 9 Your qualifications as a registered voter have been 14 10 challenged for the following reasons: 14 11 I. .................... 14 12 II. ................... 14 13 III. .................. 14 14 Your right to vote will be reviewed by the special precinct 14 15 counting board on ....... You have the right and are 14 16 encouraged to make a written statement and submit additional 14 17 written evidence to this board supporting your qualifications 14 18 as a registered voter. This written statement and evidence 14 19 may be given to an election official of this precinct on 14 20 election day or mailed or delivered to the county commissioner 14 21 of elections, but must be receivedprior to noonbefore ..... 14 22 a.m./p.m. on ...... at ....... If your ballot is not counted 14 23 you will receive notification of this fact. 14 24 Sec. 28. Section 49.96, Code 1999, is amended to read as 14 25 follows: 14 26 49.96 OFFICES WITH MORE THAN ONE PERSON TO BE ELECTED. 14 27 Where more than one person is to be elected to the same 14 28 office at the same election, and all of the candidates for 14 29 that office for whom the voter desires to vote were nominated 14 30 by the political party or nonparty political organization for 14 31 which the voter has marked a straight party or organization 14 32 vote, the voter need not otherwise indicate the vote for that 14 33 office. However, if a voter who has marked a straight party 14 34 or organization ticket also marks the voting targets next to 14 35 the names of one or more candidates of the same party or 15 1 organization, only the votes cast separately for individual 15 2 candidates for that office shall be counted. If the voter 15 3 wishes to vote for candidates who were nominated by different 15 4 political parties or nonparty political organizations, the 15 5 voter must mark the voting target for each candidate the voter 15 6 has chosen, whether or not the voter has also marked a 15 7 straight party or organization vote. 15 8 Sec. 29. Section 50.11, Code 1999, is amended to read as 15 9 follows: 15 10 50.11 PROCLAMATION OF RESULT. 15 11 When the canvass is completed one of the precinct election 15 12 officials shall publicly announce the total number of votes 15 13 received by each of the persons voted for, the office for 15 14 which the person is designated, as announced by the designated 15 15 tally keepers, and the number of votes for, and the number of 15 16 votes against, any proposition which shall have been submitted 15 17 to a vote of the people, and the. A precinct election 15 18 official shall communicatesaid informationthe election 15 19 results by telephoneor telegraphor in person to the 15 20 commissioner who is conducting the election immediately upon 15 21 completion of the canvass; and the. 15 22 Election results may be transmitted electronically from 15 23 voting equipment to the commissioner's office only after the 15 24 precinct election officials have produced a written report of 15 25 the election results. The devices used for the electronic 15 26 transmission of election results shall be approved for use by 15 27 the board of examiners pursuant to section 52.41. The state 15 28 commissioner of elections shall adopt rules establishing 15 29 procedures for the electronic transmission of election 15 30 results. 15 31 The commissioner shall remain on duty until such 15 32 information is communicated to the commissioner from each 15 33 polling place in the commissioner's county. 15 34 Sec. 30. Section 50.12, Code 1999, is amended to read as 15 35 follows: 16 1 50.12 RETURN AND PRESERVATION OF BALLOTS. 16 2 Immediately after making the proclamation, and before 16 3 separating, the board members of each precinct in which votes 16 4 have been received by paper ballot shall enclose in an 16 5 envelope or other container all ballots which have been 16 6 counted by them, except those endorsed "Rejected as double", 16 7 "Defective", or "Objected to", and securely seal the envelope. 16 8 The signatures of all board members of the precinct shall be 16 9 placed across the seal or the opening of the container so that 16 10 it cannot be opened without breaking the seal. The precinct 16 11 election officials shall return all the ballots to the 16 12 commissioner, who shall carefully preserve them for six 16 13 months. Ballots from elections for federal offices shall be 16 14 preserved for twenty-two months. The sealed packages 16 15 containing voted ballots shall be opened only for an official 16 16 recount authorized by section 50.49 or 50.50, for an election 16 17 contest held pursuant to chapters 57 through 62, or to destroy 16 18 the ballots pursuant to section 50.19. 16 19 Sec. 31. Section 50.48, subsection 2, unnumbered paragraph 16 20 1, Code 1999, is amended to read as follows: 16 21 The candidate requesting a recount under this section shall 16 22 post a bond, unless the abstracts prepared pursuant to section 16 23 50.24, or section 43.49 in the case of a primary election, 16 24 indicate that the difference between the total number of votes 16 25 cast for the apparent winner and the total number of votes 16 26 cast for the candidate requesting the recount is less than the 16 27 greater of fifty votes or one percent of the total number of 16 28 votes cast for the office or nomination in question. If a 16 29 recount is requested for an office to which more than one 16 30 person was elected, the vote difference calculations shall be 16 31 made using the difference between the number of votes received 16 32 by the person requesting the recount and the number of votes 16 33 received by the apparent winner who received the fewest votes. 16 34 Where votes cast for that office or nomination were canvassed 16 35 in more than one county, the abstracts prepared by the county 17 1 boards in all of those counties shall be totaled for purposes 17 2 of this subsection. If a bond is required, it shall be filed 17 3 with the state commissioner for recounts involving a state 17 4 office, including a seat in the general assembly, or a seat in 17 5 the United States Congress, and with the commissioner 17 6 responsible for conducting the election in all other cases, 17 7 and shall be in the following amount: 17 8 Sec. 32. Section 50.48, subsection 3, paragraph b, Code 17 9 1999, is amended to read as follows: 17 10 b. A designee of the apparent winning candidate, who shall 17 11 be named by that candidate at or before the time the board is 17 12 required to convene. If a recount is requested for an office 17 13 to which more than one person was elected, every person who 17 14 was declared elected may name a member of the recount board. 17 15 Sec. 33. Section 50.49, unnumbered paragraph 4, Code 1999, 17 16 is amended to read as follows: 17 17 The petitioners requesting the recount shall post a bond as 17 18 required by section 50.48, subsection 2. The amount of the 17 19 bond shall be one thousand dollars for a public measure 17 20 appearing on the ballot statewide or one hundred dollars for 17 21 any other public measure. If the difference between the 17 22 affirmative and negative votes cast on the public measure is 17 23 less than the greater of fifty votes or one percent of the 17 24 total number of votes cast for and against the question, a 17 25 bond is not required. If approval by sixty percent of the 17 26 votes cast is required for adoption of the public measure, no 17 27 bond is required if the difference between sixty percent of 17 28 the total votes cast for and against the question and the 17 29 number of votes cast for the losing side is less than the 17 30 greater of fifty votes or one percent of the total number of 17 31 votes cast. 17 32 Sec. 34. Section 50.50, unnumbered paragraph 1, Code 1999, 17 33 is amended to read as follows: 17 34 The commissioner who was responsible for conducting an 17 35 election may request an administrative recount when the 18 1 commissioner suspects that voting equipment used in the 18 2 election malfunctioned or that programming errors may have 18 3 affected the outcome of the election, or if the precinct 18 4 election officials report counting errors to the commissioner 18 5 after the conclusion of the canvass of votes in the precinct. 18 6 An administrative recount shall be conducted by the board of 18 7 the special precinct established by section 53.23. Bond shall 18 8 not be required for an administrative recount. The state 18 9 commissioner may adopt rules for administrative recounts. 18 10 Sec. 35. Section 52.37, subsection 1, Code 1999, is 18 11 amended to read as follows: 18 12 1. The sealed ballot container from each precinct shall be 18 13 delivered to the counting center by twoof theelection 18 14 officialsof that precinct, not members of the same political 18 15 party, who shall travel together in the same vehicle and shall 18 16 have the container under their immediate joint control until 18 17 they surrender it to the commissioner or the commissioner's 18 18 designee in charge of the counting center. The commissioner 18 19 may designate two precinct election officials of different 18 20 political parties to collect the sealed ballot containers from 18 21 more than one precinct to deliver to the counting center. The 18 22 commissioner or designee shall, in the presence of the two 18 23 precinct election officials who delivered the container, enter 18 24 on a record kept for the purpose that the container was 18 25 received, the time the container was received, and the 18 26 condition of the seal upon receipt. 18 27 Sec. 36. NEW SECTION. 52.41 ELECTRONIC TRANSMISSION OF 18 28 ELECTION RESULTS. 18 29 With the advice of the board of examiners for voting 18 30 machines and electronic voting systems, the state commissioner 18 31 shall adopt by rule standards for the examination and testing 18 32 of devices for the electronic transmission of election 18 33 results. All voting systems which contain devices for the 18 34 electronic transmission of election results submitted to the 18 35 examiners for examination and testing after January 1, 2000, 19 1 shall comply with these standards. 19 2 Sec. 37. Section 53.8, subsection 1, Code 1999, is amended 19 3 to read as follows: 19 4 1. Upon receipt of an application for an absentee ballot 19 5 and immediately after the absentee ballots are printed, the 19 6 commissioner shall mail an absentee ballot to the applicant 19 7 within twenty-four hours, except as otherwise provided in 19 8 subsection 3. The absentee ballot shall be enclosed in an 19 9 unsealed envelope bearing a serial number and affidavit. The 19 10 absentee ballot and unsealed envelope shall be enclosed in or 19 11 with a carrier envelope which bears the same serial number as 19 12 the unsealed envelope. The absentee ballot, unsealed 19 13 envelope, and carrier envelope shall be enclosed in a third 19 14 envelope to be sent to the registered voter. If the ballot 19 15 cannot be folded so that all of the votes cast on the ballot 19 16 will be hidden, the commissioner shall also enclose a secrecy 19 17 envelope with the absentee ballot. 19 18 Sec. 38. NEW SECTION. 53.10 ABSENTEE VOTING AT THE 19 19 COMMISSIONER'S OFFICE. 19 20 Not more than forty days before the date of the primary 19 21 election or the general election, the commissioner shall 19 22 provide facilities for absentee voting in person at the 19 23 commissioner's office. This service shall also be provided 19 24 for other elections as soon as the ballots are ready. 19 25 Each person who wishes to vote by absentee ballot at the 19 26 commissioner's office shall first sign an application for a 19 27 ballot including the following information: name, current 19 28 address, and the election for which the ballot is requested. 19 29 The person may report a change of address or other information 19 30 on the person's voter registration record at that time. The 19 31 registered voter shall immediately mark the ballot, enclose 19 32 the ballot in a secrecy envelope, if necessary, and seal it in 19 33 a ballot envelope, subscribe to the affidavit on the reverse 19 34 side of the envelope, and return the absentee ballot to the 19 35 commissioner. The commissioner shall record the numbers 20 1 appearing on the application and ballot envelope along with 20 2 the name of the registered voter. 20 3 During the hours when absentee ballots are available in the 20 4 office of the commissioner, the posting of political signs is 20 5 prohibited within thirty feet of the absentee voting site. No 20 6 electioneering shall be allowed within the sight or hearing of 20 7 voters at the absentee voting site. 20 8 Sec. 39. Section 53.11, unnumbered paragraph 1, Code 1999, 20 9 is amended by striking the unnumbered paragraph. 20 10 Sec. 40. Section 53.11, unnumbered paragraph 2, Code 1999, 20 11 is amended to read as follows: 20 12 Satellite absentee voting stationsshallmay be established 20 13 throughout the cities and county at the direction of the 20 14 commissionerorand shall be established upon receipt of a 20 15 petition signed by not less than one hundred eligible electors 20 16 requesting that a satellite absentee voting station be 20 17 established at a location to be described on the petition. A 20 18 satellite absentee voting station established by petition must 20 19 be open at least one day for a minimum of six hours. A 20 20 satellite absentee voting station established at the direction 20 21 of the commissioner or by petition may remain open until five 20 22 p.m. on the day before the election. 20 23 Sec. 41. Section 53.11, Code 1999, is amended by adding 20 24 the following new unnumbered paragraphs: 20 25 NEW UNNUMBERED PARAGRAPH. Procedures for absentee voting 20 26 at satellite absentee voting stations shall be the same as 20 27 specified in section 53.10 for voting at the commissioner's 20 28 office. Additional procedures shall be prescribed by rule by 20 29 the state commissioner. 20 30 NEW UNNUMBERED PARAGRAPH. During the hours when absentee 20 31 ballots are available at a satellite absentee voting station, 20 32 the posting of political signs is prohibited within thirty 20 33 feet of the satellite absentee voting station. No 20 34 electioneering shall be allowed within the sight or hearing of 20 35 voters at the satellite absentee voting station. 21 1 Sec. 42. Section 53.18, Code 1999, is amended to read as 21 2 follows: 21 3 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION. 21 4 Upon receipt of the absentee ballot, the commissioner shall 21 5 at once record the number appearing on the application and 21 6 return carrier envelope and time of receipt of such ballot and 21 7 attach the elector's application to the unopened envelope. 21 8 Absentee ballots shall be stored in a secure place until they 21 9 are delivered to the absentee and special voters precinct 21 10 board. 21 11 Sec. 43. Section 53.19, unnumbered paragraph 3, Code 1999, 21 12 is amended to read as follows: 21 13 However, any registered voter who has received an absentee 21 14 ballot and not returned it, may surrender the absentee ballot 21 15 to the precinct officials and vote in person at the polls. 21 16 The precinct officials shall mark the uncast absentee ballot 21 17 "void" and return it to the commissioner. Any registered 21 18 voter who has been sent an absentee ballot by mail but for any 21 19 reason has not received it or who has not brought the ballot 21 20 to the polls, may appear at the voter's precinct polling place 21 21 on election day andsign an affidavit to that effect, after21 22which the voter shall be permitted to vote in person. Such21 23votershall cast a ballot in accordance with section 49.81. 21 24The form of the affidavit for use in such cases shall be21 25prescribed by the state commissioner.21 26 Sec. 44. Section 53.30, Code 1999, is amended to read as 21 27 follows: 21 28 53.30 BALLOT ENVELOPE PRESERVED. 21 29 At the conclusion of each meeting of the absentee and 21 30 special voter's precinct board, the board shall securely seal 21 31 all ballots counted by them in the manner prescribed in 21 32 section 50.12. The ballot envelopes, including the envelope 21 33 having the registered voter's affidavitthereonon it, the 21 34 return carrier envelope, and secrecy envelope bearing the 21 35 signatures of precinct election officials, as required by 22 1 section 53.23, shall be preserved. All applications for 22 2 absentee ballots, ballots rejected without being opened, 22 3 absentee ballot logs, and any other documents pertaining to 22 4 the absentee ballot process shall be preserved until such time 22 5 as the documents may be destroyed pursuant to section 50.19. 22 6 Sec. 45. Section 53.38, Code 1999, is amended to read as 22 7 follows: 22 8 53.38AFFIDAVITWHAT CONSTITUTES REGISTRATION. 22 9 Whenever a ballot is requested pursuant to section 53.39 or 22 10 53.45 on behalf of a voter in the armed forces of the United 22 11 States, the affidavit upon the ballot envelope of such voter, 22 12 if the voter is found to be an eligible elector of the county 22 13 to which the ballot is submitted, shall constitute a 22 14 sufficient registration underthe provisions ofchapter 48A 22 15and the. A completed federal postcard registration and 22 16 federal absentee ballot request form submitted by such 22 17 eligible elector shall also constitute a sufficient 22 18 registration under chapter 48A. The commissioner shall place 22 19 the voter's name on the registration record as a registered 22 20 voter, if it does not already appear there. 22 21 Sec. 46. Section 53.40, unnumbered paragraph 1, Code 1999, 22 22 is amended to read as follows: 22 23 A request in writing for a ballot may be made by any member 22 24 of the armed forces of the United States who is or will be a 22 25 qualified voter on the day of the election at which the ballot 22 26 is to be cast, at any time before the election. Any member of 22 27 the armed forces of the United States may request ballots for 22 28 all elections to be held within a calendar year. The request 22 29 may be made by using the federal postcard application form and 22 30 indicating that the applicant wishes to receive ballots for 22 31 all elections as permitted by state law. The countyauditor22 32 commissioner shall send the applicant a ballot for each 22 33 election held during the calendar year in which the 22 34 application is received. The commissioner shall forward a 22 35 copy of the absentee ballot request to other commissioners who 23 1 are responsible under section 47.2, subsection 2, for 23 2 conducting elections in which the applicant is eligible to 23 3 vote. 23 4 Sec. 47. Section 57.1, subsection 2, is amended by adding 23 5 the following new paragraph after paragraph f and relettering 23 6 the subsequent paragraphs: 23 7 NEW PARAGRAPH. g. That the public measure or office was 23 8 not authorized or required by state law to appear on the 23 9 ballot at the election being contested. 23 10 Sec. 48. NEW SECTION. 62.5A STATEMENT OF INTENT TO 23 11 CONTEST. 23 12 1. Within twenty days after the board of supervisors 23 13 declares a winner from the canvass of an election, the 23 14 contestant shall file with the commissioner a written 23 15 statement of intention to contest the election. If a recount 23 16 is held for the office in question, and the recount board 23 17 finds that the winner was someone other than the person 23 18 declared at the original canvass of votes, a contest may be 23 19 filed within twenty days after the board of supervisors 23 20 declares a winner from the recount of votes. 23 21 2. The contestant's statement shall include the following: 23 22 a. The name of the contestant and that the contestant is 23 23 qualified to hold such office. 23 24 b. The name of the incumbent. 23 25 c. The office contested. 23 26 d. The date of the election. 23 27 e. The particular causes of the contest pursuant to 23 28 section 57.1, subsection 2. If a cause of the contest is an 23 29 allegation that illegal votes were received or that legal 23 30 votes were rejected, a statement shall be included setting 23 31 forth the names of the persons who are alleged to have voted 23 32 illegally or whose votes were rejected and the precinct where 23 33 they voted or offered to vote. 23 34 f. The affidavit of the contestant, or some elector of the 23 35 county, affirming the causes set forth are true. 24 1 Sec. 49. Section 69.2, Code 1999, is amended to read as 24 2 follows: 24 3 69.2 WHAT CONSTITUTES VACANCY. 24 4 1. Every civil office shall be vacant if any of the 24 5 following events occur: 24 61.a. A failure to elect at the proper election, or to 24 7 appoint within the time fixed by law, unless the incumbent 24 8 holds over. 24 92.b. A failure of the incumbent or holdover officer to 24 10 qualify within the time prescribed by law. 24 113.c. The incumbent ceasing to be a resident of the state, 24 12 district, county, township, city, or ward by or for which the 24 13 incumbent was elected or appointed, or in which the duties of 24 14 the office are to be exercised. This subsection shall not 24 15 apply to appointed city officers. 24 164.d. The resignation or death of the incumbent, or of the 24 17 officer-elect before qualifying. 24 185.e. The removal of the incumbent from, or forfeiture of, 24 19 the office, or the decision of a competent tribunal declaring 24 20 the office vacant. 24 216.f. The conviction of the incumbent of a felony, an 24 22 aggravated misdemeanor, or of any public offense involving the 24 23 violation of the incumbent's oath of office. 24 247.g. The board of supervisors declares a vacancy in an 24 25 elected county office upon finding that the county officer has 24 26 been physically absent from the county for sixty consecutive 24 27 days except in the case of a medical emergency; temporary 24 28 active military duty; or temporary service with another 24 29 government service, agency, or department. 24 308.h. The incumbent simultaneously holding more than one 24 31 elective office at the same level of government. This 24 32 subsection does not apply to the following offices: county 24 33 agricultural extension council, soil and water conservation 24 34 district commission, or regional library board of trustees. 24 359.i. An incumbent statewide elected official or member of 25 1 the general assembly simultaneously holding more than one 25 2 elective office. 25 3 2. If the status of an officeholder is in question, the 25 4 entity or officer responsible for making an appointment to 25 5 fill the vacancy shall decide whether a vacancy exists. The 25 6 appointing entity or officer may act upon its own motion. If 25 7 a petition signed by twenty-five registered voters of the 25 8 jurisdiction is received, the appointing entity or officer 25 9 shall convene within thirty days to consider whether a vacancy 25 10 exists. The appointing entity or officer shall publish notice 25 11 that a public hearing will be held to determine whether a 25 12 vacancy exists. The notice shall include the time and place 25 13 of the hearing and the name of the office and the officeholder 25 14 whose status is in question. The public hearing shall be held 25 15 not less than four nor more than fourteen days after 25 16 publication of the notice. The officer whose status is in 25 17 question shall be notified of the time and place of the 25 18 hearing. Notice shall be sent by certified mail and must be 25 19 postmarked at least fourteen days before the hearing. No 25 20 later than seven days after the public hearing, the appointing 25 21 entity or officer shall publish its decision. If the 25 22 appointing entity or officer decides that the office is 25 23 vacant, the publication shall state the date the vacancy 25 24 occurred and what action will be taken to fill the vacancy. 25 25 3. The officer against whom the judgment was rendered may 25 26 appeal to the district court no later than twenty days after 25 27 official publication of the decision. However, the appeal 25 28 will not supersede the execution of the judgment of the 25 29 appointing entity or officer, unless the party gives a bond, 25 30 with security to be approved by the district judge in a sum to 25 31 be fixed by the judge. The amount of the bond shall be at 25 32 least double the probable compensation of such officer for six 25 33 months, which bond shall be conditioned that the officer will 25 34 prosecute the appeal without delay, and that, if the judgment 25 35 appealed from is affirmed, the party will pay over to the 26 1 successful party all compensation received by the party while 26 2 in possession of the office after the judgment appealed from 26 3 was rendered. The court shall hear the appeal in equity and 26 4 determine anew all questions arising in the case. 26 5 4. If, upon appeal, the judgment is affirmed, the district 26 6 court may render judgment upon the bond for the amount of 26 7 damages awarded against the appellant and the sureties on the 26 8 bond. 26 9 Sec. 50. Section 69.12, subsection 1, paragraph a, Code 26 10 1999, is amended to read as follows: 26 11 a. A vacancy shall be filled at the next pending election 26 12 if it occurs: 26 13 (1) Seventy-four or more daysprior tobefore the 26 14 election, if it is a generalor primaryelection. 26 15 (2) Fifty-two or more daysprior tobefore the election, 26 16 if it is a regularly scheduled or special city election. 26 17 However, for those cities which may be required to hold a 26 18 primary election, the vacancy shall be filled at the next 26 19 pending election if it occurs seventy-three or more days 26 20 before a regularly scheduled or special city election. 26 21 (3) Forty-five or more daysprior tobefore the election, 26 22 if it is a regularly scheduled school election. 26 23 (4) Forty or more daysprior tobefore the election, if it 26 24 is a special election. 26 25 Sec. 51. Section 69.12, subsection 1, paragraph b, Code 26 26 1999, is amended to read as follows: 26 27 b. Nomination papers on behalf of candidates for a vacant 26 28 office to be filled pursuant to paragraph "a" of this 26 29 subsection shall be filed, in the form and manner prescribed 26 30 by applicable law, by fiveo'clockp.m. on: 26 31 (1) The final filing date for candidates filing with the 26 32 state commissioner or commissioner, as the case may be, for a 26 33 generalor primaryelection. 26 34 (2) Theforty-seventh day prior tocandidate filing 26 35 deadline specified in section 376.4 for regularly scheduled or 27 1 special city election. 27 2 (3) The fortieth dayprior tobefore a regularly scheduled 27 3 school election. 27 4 (4) The twenty-fifth dayprior tobefore a special 27 5 election. 27 6 Sec. 52. Section 69.14A, Code 1999, is amended by adding 27 7 the following new subsection: 27 8 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2, 27 9 if a nomination has been made at the primary election for an 27 10 office in which a vacancy has been filled by appointment, the 27 11 office shall be filled at the next general election, and not 27 12 at any special election in the same political subdivision. 27 13 Sec. 53. Section 176A.8, subsection 4, Code 1999, is 27 14 amended by striking the subsection. 27 15 Sec. 54. Section 256.63, unnumbered paragraph 2, Code 27 16 1999, is amended to read as follows: 27 17 The votes cast in the election shall be canvassed and 27 18 abstracts of the votes cast shall be promptly certified by the 27 19 commissioner to the commissioner of elections who is 27 20 responsible under section 47.2 for conducting elections for 27 21 that regional library board district. In each county whose 27 22 commissioner of elections is responsible under section 47.2 27 23 for conducting elections held for a regional library board 27 24 district, the county board of supervisors shall convene at 27 25 nine a.m. on the third Monday or Tuesday in November, canvass 27 26 the abstracts of votes cast and declare the results of the 27 27 voting. The commissioner shall at once issue certificates of 27 28 election to each person declared elected. 27 29 Sec. 55. Section 256.64, Code 1999, is amended to read as 27 30 follows: 27 31 256.64 TERMS. 27 32 Regional library trustees shall take office on the first 27 33 day of January following the general election and shall serve 27 34 terms of four years. A vacancy shall be filledwhen it occurs27 35not less than ninety days before the next general electionby 28 1 appointment by the regional board for the unexpired term. No 28 2 trustee shall serve on a local library board or be employed by 28 3 a library during the trustee's term of office as a regional 28 4 library trustee. 28 5 Sec. 56. Section 275.12, subsections 3 and 4, Code 1999, 28 6 are amended to read as follows: 28 7 3. If the petition proposes the division of the school 28 8 district into director districts, the boundaries of the 28 9 proposed director districts shall not bedescribed in the28 10petition and shall bedrawn until the question is approved by 28 11 the voters. If the question is approved by the voters, the 28 12 directors of the new school district shall draw the boundaries 28 13 of the director districts according to the standards described 28 14 in section 275.23A, subsection 1. Following adoption by the 28 15 school board, the plan shall be submitted to the state 28 16 commissioner of elections for approval. 28 17 4. The area education agency board in reviewing the 28 18 petition as provided in sections 275.15 and 275.16 shall 28 19 review the proposed method of election of school directors and 28 20 may change or amend the plan in any manner, includingthe28 21changing of boundaries of director districts if proposed, or28 22 to specify a different method of electing school directors as 28 23 may be required by law, justice, equity, and the interest of 28 24 the people. In the action, the area education agency board 28 25 shall follow the same procedure as is required by sections 28 26 275.15 and 275.16 for other action on the petition by the area 28 27 education agency board.The area education agency shall28 28ascertain that director district boundary lines comply with28 29the provisions of section 275.23A, subsection 1, and shall28 30make adjustments as necessary.28 31 Sec. 57. Section 275.25, subsection 1, unnumbered 28 32 paragraph 1, Code 1999, is amended to read as follows: 28 33 If the proposition to establish a new school district 28 34 carries under the method provided in this chapter, the area 28 35 education agency administrator with whom the petition was 29 1 filed shall give written notice of a proposed date for a 29 2 special election for directors of the newly formed school 29 3 district to the commissioner of elections of the county in the 29 4 district involved in the reorganization which has the greatest 29 5 taxable base. The proposed date shall be as soon as possible 29 6 pursuant to sections 39.2, subsections 1 and 2, and 47.6, 29 7 subsections 1 and 2, but not later than the third Tuesday in 29 8 January of the calendar year in which the reorganization takes 29 9 effect. The election shall be conducted as provided in 29 10 section 277.3, and nomination petitions shall be filed 29 11 pursuant to section 277.4, except as otherwise provided in 29 12 this subsection. Nomination petitions shall be filed with the 29 13 secretary of the board of the existing school district in 29 14 which the candidate resides, signed by not less than ten29 15eligible electors of the newly formed district, and filednot 29 16 less than twenty-eight days before the date set for the 29 17 special school election. Theschoolsecretary of the board, 29 18 or the secretary's designee, shall be present in the 29 19 secretary's office until five p.m. on the final day to file 29 20 the nomination papers. The nomination papers shall be 29 21 delivered to the commissioner no later than five p.m. on the 29 22 twenty-seventh day before the election. 29 23 Sec. 58. Section 275.35, Code 1999, is amended to read as 29 24 follows: 29 25 275.35 CHANGE OF METHOD OF ELECTIONS. 29 26 Any existing or hereafter created or enlarged school 29 27 district may change the number of directors to either five or 29 28 seven and may also change its method of election of school 29 29 directors to any method authorized by section 275.12 by 29 30 submission of a proposal, stating the proposed new method of 29 31 electionand describing the boundaries of the proposed29 32director districts if any, by the school board of such 29 33 district to the electors at any regular or special school 29 34 election. The school board shall notify the county 29 35 commissioner of elections who shall publish notice of the 30 1 election in the manner provided in section 49.53. The 30 2 election shall be conducted pursuant to chapters 39 to 53 by 30 3 the county commissioner of elections. Such proposal shall be 30 4 adopted if it is approved by a majority of the votes cast on 30 5 the proposition. 30 6 If the proposal adopted by the voters requires the 30 7 establishment of or change in director district boundaries, 30 8 the school board shall draw the necessary boundaries within 30 9 forty days after the date of the election. The boundaries 30 10 shall be drawn according to the requirements of section 30 11 275.23A. Following adoption by the school board, the plan 30 12 shall be submitted to the state commissioner of elections for 30 13 approval. 30 14 Sec. 59. Section 275.36, Code 1999, is amended to read as 30 15 follows: 30 16 275.36 SUBMISSION OF CHANGE TO ELECTORS. 30 17 If a petition for a change in the number of directors or in 30 18 the method of election of school directors, describing the30 19boundaries of the proposed director districts, if any, signed30 20by eligible electors of the school district equal in number to30 21at least thirty percent of those who voted in the last30 22previous annual school election in the school district, but30 23not less than one hundred persons, and accompanied by30 24affidavit as required by section 275.13 beis filed with the 30 25 school board of a school district, not earlier than six months30 26and not later than sixty-seven days before a regular or30 27special school electionpursuant to the requirements of 30 28 section 278.2, the school board shall submit such proposition 30 29 to the voters at the regular school election or a special 30 30 election held not later than February 1. The petition shall 30 31 be accompanied by an affidavit as required by section 275.13. 30 32 If a proposition for a change in the number of directors or in 30 33 the method of election of school directors submitted to the 30 34 voters under this section is rejected, it shall not be 30 35 resubmitted to the voters of the district in substantially the 31 1 same form within the next three years; if it is approved, no 31 2 other proposal may be submitted to the voters of the district 31 3 under this section within the next six years. 31 4 If the proposal adopted by the voters requires the 31 5 establishment of or a change in director district boundaries 31 6 pursuant to section 275.12, subsection 2, paragraph "b", "c", 31 7 "d", or "e", the school board shall draw the necessary 31 8 boundaries within forty days after the date of the election. 31 9 The boundaries shall be drawn according to the requirements of 31 10 section 275.23A. Following adoption by the school board, the 31 11 plan shall be submitted to the state commissioner of elections 31 12 for approval. The new boundaries shall become effective on 31 13 July 1 following approval. 31 14 Sec. 60. Section 275.37, Code 1999, is amended to read as 31 15 follows: 31 16 275.37 INCREASE IN NUMBER OF DIRECTORS. 31 17 At the next succeeding annual school election in a district 31 18 where the number of directors has been increased from five to 31 19 seven, and directors are elected at large, there shall be 31 20 elected a director to succeed each incumbent director whose 31 21 term is expiring in that year, and two additional directors. 31 22 Upon organizing as required by section 279.1, the newly 31 23 elected director who received the fewest votes in the election 31 24 shall be assigned a term of either one year or two years if 31 25 necessary in order that as nearly as possible one-third of the 31 26 members of the board shall be elected each year. If some or 31 27 all directors are elected from director districts, the board 31 28 shall assign terms appropriate for the method of election used 31 29 by the district. 31 30 Sec. 61. NEW SECTION. 275.37A DECREASE IN NUMBER OF 31 31 DIRECTORS. 31 32 1. A change from seven to five directors shall be effected 31 33 in a district at the first regular school election after 31 34 authorization by the voters in the following manner: 31 35 a. If at the first election in the district there are 32 1 three terms expiring, one director shall be elected. At the 32 2 second election in that district, if two terms are expiring, 32 3 two directors shall be elected. At the third election in that 32 4 district, if there are two terms expiring, two directors shall 32 5 be elected. 32 6 b. If at the first election there are two terms expiring, 32 7 no directors shall be elected. At the second election in that 32 8 district, if two terms are expiring, two directors shall be 32 9 elected. At the third election in that district, if there are 32 10 three terms expiring, three directors shall be elected, two 32 11 for three years and one for one year. The newly elected 32 12 director who received the fewest votes in the election shall 32 13 be assigned a term of one year. 32 14 c. If at the first election there are two terms expiring, 32 15 no directors shall be elected. At the second election in that 32 16 district, if three terms are expiring, three directors shall 32 17 be elected, two for three years and one for two years. The 32 18 newly elected director who received the fewest votes in the 32 19 election shall be assigned a term of two years. At the third 32 20 election in that district, if there are two terms expiring, 32 21 two directors shall be elected. 32 22 2. If some or all of the directors are elected from 32 23 director districts, the board shall devise a plan to reduce 32 24 the number of members so that as nearly as possible one-third 32 25 of the members of the board shall be elected each year and so 32 26 that each district will be continuously represented. 32 27 Sec. 62. Section 275.55, unnumbered paragraph 1, Code 32 28 1999, is amended to read as follows: 32 29 The board of the school district shall call a special 32 30 election to be held not later than forty days following the 32 31 date of the final hearing on the dissolution proposal. The 32 32 special election may be held at the same time as the regular 32 33 school election. The proposition submitted to the voters 32 34 residing in the school district at the special election shall 32 35 describe each separate area to be attached to a contiguous 33 1 school district and shall name the school district to which it 33 2 will be attached. In addition to the description, a map may 33 3 be included in the summary of the question on the ballot. 33 4 Sec. 63. NEW SECTION. 275.57 CHANGING DIRECTOR DISTRICT 33 5 BOUNDARIES FOLLOWING DISSOLUTION. 33 6 1. If a school district accepting attachments of a 33 7 dissolved district is currently divided into director 33 8 districts as provided in section 275.12, subsection 2, 33 9 paragraph "b", "c", "d", or "e", the board of directors of the 33 10 district shall draft a proposal to incorporate the newly 33 11 received territory into existing contiguous director 33 12 districts. If the attached territory is contiguous to more 33 13 than one director district, the board may divide the territory 33 14 and attach it to more than one director district. If 33 15 necessary to comply with the population equality standards 33 16 prescribed in section 275.23A, the board shall redraw the 33 17 boundaries of all director districts according to the 33 18 standards provided in section 275.23A, subsection 1, 33 19 paragraphs "a", "c", and "d". 33 20 2. A public hearing on the proposed changes to director 33 21 districts shall be held no later than May 15 following the 33 22 dissolution. Not less than ten nor more than twenty days 33 23 before the public hearing, the board shall publish notice of 33 24 the time and place of the hearing. 33 25 3. The final plan for the assignment of attached lands and 33 26 any other boundary changes made shall be adopted by resolution 33 27 of the board. The resolution shall contain a legal 33 28 description of the new director district boundaries and a map 33 29 of the director district boundaries changed by the resolution. 33 30 A copy of the resolution shall be filed with the county 33 31 commissioners of elections of each county in which a portion 33 32 of the school district is located. The resolution shall also 33 33 be filed with the state commissioner of elections not later 33 34 than June 15. The boundary changes shall take effect upon 33 35 approval by the state commissioner of elections for the next 34 1 regular school election, but not later than July 1. 34 2 Sec. 64. Section 277.4, unnumbered paragraph 2, Code 1999, 34 3 is amended to read as follows: 34 4 Each candidate shall be nominated by petition. If the 34 5 candidate is running for a seat in the district which is voted 34 6 for at-large, the petition must be signed by at least ten 34 7 eligible electors, or a number of eligible electors equal in 34 8 number to not less than one percent of theregisterednumber 34 9 of voters of the school district who cast ballots at the last 34 10 regular school election, whichever is more. If the candidate 34 11 is running for a seat which is voted for only by the voters of 34 12 a director district, the petition must be signed by at least 34 13 ten eligible electors of the director district or a number of 34 14 eligible electors equal in number to not less than one percent 34 15 of theregisterednumber of votersinof the director district 34 16 who cast ballots at the last regular school election, 34 17 whichever is more. A petition filed under this section shall 34 18 be in the form required by sections 45.5 and 45.6, but shall 34 19 not be required to have more than one hundred signatures. 34 20 Sec. 65. Section 277.23, Code 1999, is amended to read as 34 21 follows: 34 22 277.23 DIRECTORS – NUMBER – CHANGE. 34 23 In any district including allor partof a city of fifteen 34 24 thousand or more population and in any district in which the 34 25 voters have authorized seven directors, the board shall 34 26 consist of seven members; in all other districts the board 34 27 shall consist of five members. 34 28 A change from five to seven directors shall be effected in 34 29 a district at the first regular election after authorization 34 30 by the voters or when a district becomes wholly or in part 34 31 within a city of fifteen thousand population or more in the 34 32followingmanner: If the term of one director of the five-34 33member board expires at the time of said regular election,34 34three directors shall be elected to serve until the third34 35regular election thereafter; if the terms of two directors35 1expire at the time of said regular election, three directors35 2shall be elected to serve until the third regular election35 3thereafter and one director shall be elected to serve a term35 4the expiration of which coincides with the expiration of the35 5term of the director heretofore singly electeddescribed in 35 6 section 275.37. 35 7 Sec. 66. Section 278.1, subsection 8, Code 1999, is 35 8 amended to read as follows: 35 9 8. Authorize a change in the method of conducting 35 10 elections or in the number of directors as provided in 35 11 sections 275.35 and 275.36. If a proposition submitted to the 35 12 voters under this subsection or subsection 7 is rejected, it 35 13 may not be resubmitted to the voters of the district in 35 14 substantially the same form within the next three years; if it 35 15 is approved, no other proposal may be submitted to the voters 35 16 of the district under this subsection or subsection 7 within 35 17 the next six years. The establishment or abandonment of 35 18 director districts or a change in the boundaries of director 35 19 districts shall be implemented as prescribed in section 35 20 275.37. 35 21 Sec. 67. Section 279.6, unnumbered paragraph 2, Code 1999, 35 22 is amended to read as follows: 35 23However,A vacancy shall be filled at the next regular 35 24 school election if a member of a school board resigns from the 35 25 boardprior to the time for filing nomination papers for35 26office as a school board member, as provided in section 277.4,35 27 not later than forty-five days before the election and the 35 28 notice of resignation specifiesin the resignation that the35 29resignation will bean effectiveon thedate at the beginning 35 30 of the next term of office for elective school officials 35 31begins, the. The president of the board shall declare the 35 32 office vacant as ofthatthe dateand nominationof the next 35 33 organizational meeting. Nomination papers shall be received 35 34 for the unexpired term of the resigning member. The person 35 35 elected at the next regular school election to fill the 36 1 vacancy shall take office at the same time and place as the 36 2 other elected school board members. 36 3 Sec. 68. Section 296.3, Code 1999, is amended to read as 36 4 follows: 36 5 296.3 ELECTION CALLED. 36 6TheWithin ten days of receipt of a petition filed under 36 7 section 296.2, the president of the board of directors, within36 8ten days of receipt of a petition under section 296.2,shall 36 9 call a meeting of the boardwhich shall. The meeting shall be 36 10 held within thirty days after the petition was received. At 36 11 the meeting, the board shall call the election, fixing the 36 12 time of the election, which may be at the time and place of 36 13 holding the regular school election, unless. However, if the 36 14 board determines by unanimous vote that the proposition or 36 15 propositions requested by a petition to be submitted at an 36 16 election are grossly unrealistic or contrary to the needs of 36 17 the school district, no election shall be called. If more 36 18 than one petition has been received by the time the board 36 19 meets to consider the petition triggering the meeting, the 36 20 board shall act upon the petitions in the order they were 36 21 received at the meeting called to consider the initial 36 22 petition. The decision of the board may be appealed to the 36 23 state board of education as provided in chapter 290. The 36 24 president shall notify the county commissioner of elections of 36 25 the time of the election. 36 26 Sec. 69. Section 331.207, subsection 2, Code 1999, is 36 27 amended to read as follows: 36 28 2. The petition shall be filed with theauditorcounty 36 29 commissioner byJanuaryJune 1 ofa general electionan odd- 36 30 numbered year, subject to subsection 5. The special election 36 31 shall be heldat least one hundred days before the primary36 32electionwithin sixty days after the day the petition was 36 33 received. Notice of the special election shall be published 36 34 once each week for three successive weeks in an official 36 35 newspaper of the county, shall state the representation plans 37 1 to be submitted to the electors, and shall state the date of 37 2 the special election which shall be held not less than five 37 3 nor more than twenty days from the date of last publication. 37 4 Sec. 70. Section 331.207, Code 1999, is amended by adding 37 5 the following new subsection: 37 6 NEW SUBSECTION. 4A. If the plan adopted by a plurality of 37 7 the ballots cast in the special election represents a change 37 8 from plan "one" to plan "two" or "three", or from plan "two" 37 9 to plan "three", as each plan is defined in section 331.206, 37 10 the temporary county redistricting commission shall divide the 37 11 county into districts as provided in sections 331.209 and 37 12 331.210. The plan shall be completed not later than September 37 13 15 following the special election and shall be submitted to 37 14 the state commissioner of elections. The plan shall become 37 15 effective January 1. 37 16 Sec. 71. Section 331.651, subsection 1, unnumbered 37 17 paragraph 1, Code 1999, is amended to read as follows: 37 18 The office of sheriff is an elective officeexcept that. 37 19 However, if a vacancy occurs in the office, the first deputy 37 20 shall assume the office after qualifying as provided in this 37 21 sectionand. The first deputy shall hold the office until a 37 22 successor is appointed or elected to the unexpired term as 37 23 provided in chapter 69. If a sheriff is suspended from 37 24 office, the district court may appoint a sheriff until a 37 25 temporary appointment is made by the board as provided in 37 26 section 66.19. 37 27 Sec. 72. Section 336.2, unnumbered paragraphs 3, 4, and 5, 37 28 Code 1999, are amended to read as follows: 37 29 The board of supervisors of each county containing area 37 30 within the proposed district shall submit theproposition37 31 question to the registered voters within their respective 37 32 counties atanythe next generalor primaryelectionprovided37 33said election occurs. The petition shall be filed not less 37 34 thanfortyeighty-two daysafter the filing of the petition37 35 before the election. 38 1 A county library district shall be established, if a 38 2 majority of the electors voting on thepropositionquestion 38 3 and residing outside of cities maintaining a free public 38 4 library favor it. 38 5 The result of the election within cities maintaining a free 38 6 public library shall be considered separately, and no city 38 7 shall be included within the county library district unless a 38 8 majority of its electors, voting on thepropositionquestion, 38 9 favor its inclusion. In such cases the boundaries of an 38 10 established district may vary from those of the proposed 38 11 district. 38 12 Sec. 73. Section 336.16, unnumbered paragraph 4, Code 38 13 1999, is amended to read as follows: 38 14 A county library district may be terminated if a majority 38 15 of the electors of the unincorporated area of the county and 38 16 the cities included in the county library district voting on 38 17 the issue favor the termination. The election shall be held 38 18 upon motion of the board of supervisors and simultaneously 38 19 with aprimary,general,or other county election. If the 38 20 vote favors termination, the termination shall be effective on 38 21 the succeeding July 1. 38 22 Sec. 74. Section 336.18, subsection 2, Code 1999, is 38 23 amended to read as follows: 38 24 2. a. Contracts shall provide for the amount to be 38 25 contributed. They may, by mutual consent of the contracting 38 26 parties, be terminated at any time. They may also be 38 27 terminated by a majority of the voters represented by either 38 28 of the contracting parties, voting ona propositionthe 38 29 question to terminate which shall be submitted by the 38 30 governing body upon a written petition of qualified voters in 38 31 a number not less than five percent of those who voted in the 38 32 area for president of the United States or governor at the 38 33 last general election. 38 34 b. Thepropositionquestion may be submitted at any 38 35 election provided by law which covers the area of the unit 39 1 seeking to terminate the contract. The petition shall be 39 2 presented to the governing body not less thanfortyten days 39 3 before the last day candidates may file nomination petitions 39 4 for the election at which the question is to be submitted. 39 5 Sec. 75. Section 336.18, subsection 4, paragraphs a, b, 39 6 and c, Code 1999, are amended to read as follows: 39 7 a. Qualified electors of that part of any county outside 39 8 of cities in a number of not less than twenty-five percent of 39 9 those in the area who voted for president of the United States 39 10 or governor at the last general election may petition the 39 11 board of supervisors to submit thepropositionquestion of 39 12 requiring the board to provide library service for them and 39 13 their area by contract as provided by this section. 39 14 b. The board of supervisors shall submit theproposition39 15 question to the voters of the county residing outside of 39 16 cities at the next general election, primary or general,39 17provided that the petition has been. The petition shall be 39 18 filed not less thanfortyten daysprior to the date ofbefore 39 19 the last day candidates may file nomination petitions for the 39 20 election at which the question is to be submitted. 39 21 c. If a majority of those voting upon theproposition39 22 question favors it, the board of supervisors shall within 39 23 thirty days appoint a board of library trustees from residents 39 24 of the petitioning area. Vacancies shall be filled by the 39 25 board. 39 26 Sec. 76. Section 346.27, subsection 10, Code 1999, is 39 27 amended to read as follows: 39 28 10. After the incorporation of an authority, and before 39 29 the sale of any issue of revenue bonds, except refunding 39 30 bonds, the authority shallsubmit in a single countywidecall 39 31 an election tothe registered voters of the city and county,39 32at a general, primary, or special election called for that39 33purpose,decide the question of whetheranthe authority shall 39 34 issue and sell revenue bonds, stating. The ballot shall state 39 35 the amount, for anyof the bonds and the purposes for whichit40 1 the authority is incorporated. Registered voters of the city 40 2 and the unincorporated area of the county shall be entitled to 40 3 vote on the question. The question may be submitted at a 40 4 general election or at a special election. An affirmative 40 5 vote of a majority of the votes cast on theproposition40 6 question is required to authorize the issuance and sale of 40 7 revenue bonds. 40 8 PARAGRAPH DIVIDED.AIn addition to the notice required by 40 9 section 49.53, a notice of the election shall be published 40 10 once each week for at least two weeks in some newspaper 40 11 published in the county stating the date of the election, the 40 12 hours the polls will be open, and a copy of the question.The40 13notice shall name the time when the question shall be40 14submitted, and a copy of the question to be submitted shall be40 15posted at each polling place during the day of election.The 40 16 authority shall call this election with the concurrence of 40 17 both incorporating units, and it shall establish the voting40 18precincts and polling places, and appoint the election judges,40 19and in so doing such election procedures shall be. The 40 20 election shall be conducted by the commissioner in accordance 40 21 with the provisions of chapters 49 and 50. 40 22 Sec. 77. Section 346.27, subsection 25, Code 1999, is 40 23 amended to read as follows: 40 24 25. When all bonds issued by an authority have been 40 25 retired, the authority may convey the title to the property 40 26 owned by the authority to the incorporating units in 40 27 accordance with the provisionsthereforcontained in the 40 28 articles of incorporation, or, if none,. If no articles of 40 29 incorporation exist, the conveyance may be made in accordance 40 30 with any agreement adopted by the respective governing bodies 40 31 of the incorporating units, and the authority. 40 32 PARAGRAPH DIVIDED. Thepropositionquestion of whether a 40 33 conveyance shall be made shall be submitted to thelegal40 34 registered voters of the city and the unincorporated area of 40 35 the county, utilizing the election procedures provided for41 1bond issues, and an. An affirmative vote equal to at least a 41 2 majority of the total votes cast on thepropositionquestion 41 3 shall be required to authorize the conveyance. If the 41 4propositionquestion does not carry, the authority shall 41 5 continue to operate, maintain, and manage the building under a 41 6 lease arrangement with the incorporating units. 41 7 Sec. 78. Section 372.9, subsection 2, Code 1999, is 41 8 amended to read as follows: 41 9 2. When a charter is filed, the council and mayor shall 41 10 notify the county commissioner of elections to publish notice 41 11 containing the full text of the proposed home rule charter, a 41 12 description of any other form of government being presented to 41 13 the voters, and the date of the election, and to conduct the 41 14 election. The notice shall be published at least twice in the 41 15 manner provided in section 362.3, except that the publications 41 16 must occur within sixty days of the filing of the home rule 41 17 charter, with a two-week interval between each publication. 41 18 The council shall provide copies of a proposed charter for 41 19 public distribution by the city clerk. 41 20 Sec. 79. Section 372.13, subsection 2, paragraph b, Code 41 21 1999, is amended to read as follows: 41 22 b. By a special election held to fill the office for the 41 23 remaining balance of the unexpired term. If the council opts 41 24 for a special election or a valid petition is filed under 41 25 paragraph "a", the special election may be held concurrently 41 26 with any pending election as provided by section 69.12 if by 41 27 so doing the vacancy will be filled not more than ninety days 41 28 after it occurs. Otherwise, a special election to fill the 41 29 office shall be called at the earliest practicable date. If 41 30 there are concurrent vacancies on the council and the 41 31 remaining council members do not constitute a quorum of the 41 32 full membership, a special election shall be called at the 41 33 earliest practicable date. The council shall give the county 41 34 commissioner at least sixty days' written notice of the date 41 35 chosen for the special election. The council of a city where 42 1 a primary election may be required shall give the county 42 2 commissioner at least eighty-five days' written notice of the 42 3 date chosen for the special election. A special election held 42 4 under this subsection is subject to sections 376.4 through 42 5 376.11, but the dates for actions in relation to the special 42 6 election shall be calculated with regard to the date for which 42 7 the special election is called. 42 8 Sec. 80. Section 376.2, unnumbered paragraph 2, Code 1999, 42 9 is amended to read as follows: 42 10 Except as otherwise provided by state law or the city 42 11 charter, terms for elective offices are two years. However, 42 12 the term of an elective office may be changed to two or four 42 13 years by petition and election. Upon receipt of a valid 42 14 petition as defined in section 362.4, requesting that the term 42 15 of an elective office be changed, the council shall submit the 42 16 question at a special city election to be held within sixty 42 17 days after the petition is received. The special election 42 18 shall be held more than ninety days before the regular city 42 19 election if the change shall go into effect at the next 42 20 regular city election. If a majority of the persons voting at 42 21 the special election approves the changed term, it becomes 42 22 effective at the beginning of the term following the next 42 23 regular city election. If a majority does not approve the 42 24 changed term, the council shall not submit the same proposal 42 25 to the voters within the next four years. 42 26 Sec. 81. Section 376.6, unnumbered paragraph 2, Code 1999, 42 27 is amended to read as follows: 42 28 Each city clerk shall certify to the commissioner of 42 29 elections responsible under section 47.2 for conducting 42 30 elections for that city the type of nomination process to be 42 31 used for the city no later thanseventy-sevenninety days 42 32 before the date of the regular city election. If the city has 42 33 by ordinance chosen a runoff election or has chosen to have 42 34 nominations made in the manner provided by chapter 44 or 45, 42 35 or has repealed nomination provisions under those sections in 43 1 preference for the primary election method, a copy of the city 43 2 ordinance shall be attached. No changes in the method of 43 3 nomination to be used in a city shall be made after the clerk 43 4 has filed the certification with the commissioner, unless the 43 5 change will not take effect until after the next regular city 43 6 election. 43 7 Sec. 82. Section 422A.1, unnumbered paragraph 3, Code 43 8 1999, is amended to read as follows: 43 9 A city or county shall impose a hotel and motel tax or 43 10 increase the tax rate, only after an election at which a 43 11 majority of those voting on the question favors imposition or 43 12 increase. However, a hotel and motel tax shall not be 43 13 repealed or reduced in rate if obligations are outstanding 43 14 which are payable as provided in section 422A.2, unless funds 43 15 sufficient to pay the principal, interest, and premium, if 43 16 any, on the outstanding obligations at and prior to maturity 43 17 have been properly set aside and pledged for that purpose. 43 18 The election shall be held at the time ofthat city'sthe 43 19 regular city election or the county's general election or at 43 20 the time of a special election. 43 21 Sec. 83. Sections 62.5 and 62.8, Code 1999, are repealed. 43 22 EXPLANATION 43 23 Code section 39.2 is amended to prohibit holding other 43 24 elections at the same time as a city primary or runoff 43 25 elections. 43 26 Code section 39.3 is amended to add to the definition of 43 27 "school election" any special elections held for school 43 28 district purposes. 43 29 New Code section 39.5 authorizes the commissioner to 43 30 conduct only elections that are required or allowed by state 43 31 statute, thereby ruling out straw polls, public opinion polls, 43 32 nonbinding referenda, and other unauthorized elections from 43 33 being conducted as official elections. 43 34 Code section 39.26 is amended to require all candidates for 43 35 public office to be eligible electors at the time of election. 44 1 Code section 39.27 is amended to require all elected 44 2 officials, except members of the general assembly, United 44 3 States senators, and United States representatives, to be 44 4 eligible electors and residents of the jurisdiction they are 44 5 elected to represent. 44 6 Code sections 43.14 and 43.15 are amended to remove from 44 7 the Code archaic and repetitive language currently required to 44 8 appear on nomination petitions and provides that the state 44 9 commissioner shall prescribe the form for the petition, 44 10 listing the information that must be included. Standards for 44 11 evaluating nomination papers are also expanded to incorporate 44 12 current practices in the state commissioner's office. 44 13 Code section 43.27 is amended to permit the county 44 14 commissioner of elections to code ballots by color for the 44 15 primary election. 44 16 Code section 43.45 is amended to provide canvass procedures 44 17 for each type of voting system in use in the state. 44 18 Code section 43.48 is amended to add voting system 44 19 printouts to the information required to be available to the 44 20 public during the time period between the primary election and 44 21 the county canvass of votes. 44 22 Code section 44.4 is amended to conform this section to 44 23 other filing deadlines for the same election. 44 24 Code sections 45.5 and 45.6 are amended to provide specific 44 25 requirements for the form of nomination petitions and 44 26 standards for their review and rejection. These are similar 44 27 to the requirements of Code chapter 43 for primary elections. 44 28 Code section 48A.9 is amended to change the voter 44 29 registration deadline for the primary election from 10 days 44 30 before the election to 11 days before the election. The 44 31 section is also amended to permit moving the registration 44 32 deadline to the next Monday following Thanksgiving. 44 33 Code sections 48A.27 and 48A.29 are amended to require that 44 34 voters show a form of identification to prove identity, rather 44 35 than to prove residence. 45 1 Code section 48A.28 is amended to specify that the form and 45 2 language of a voter registration confirmation notice shall be 45 3 prescribed by rule. 45 4 Code section 49.30 is amended to allow separate ballots for 45 5 township offices in precincts using electronic voting systems. 45 6 Code section 49.31 is amended to require that the position 45 7 of names of candidates for nonpartisan offices on the general 45 8 election ballot be drawn by lot and rotated once. 45 9 Code section 49.57 is amended to remove the size 45 10 specifications for the voting target on paper ballots. 45 11 Code section 49.64 is amended to remove the mathematical 45 12 formula for calculating the number of ballots to be delivered 45 13 to polling places for primary and general elections. The 45 14 section is amended to permit the commissioner to make the 45 15 decision based upon voter registration figures, previous 45 16 turnout, the content of the ballot, and other local political 45 17 conditions. 45 18 Code section 49.70 is amended to change the title of the 45 19 instructions posted in the polling places from "Card of 45 20 Instructions" to "Instructions for Voters". 45 21 Code section 49.73 is amended to permit the commissioner to 45 22 shorten voting hours for cities under 3,500 population and for 45 23 the unincorporated areas voting on local option sales tax 45 24 elections. The amendment to the section also provides that 45 25 contiguous cities voting on a local option sales tax shall 45 26 have the same hours. 45 27 Code section 49.79 is amended to specify that a registered 45 28 voter, rather than an elector, may challenge a voter as 45 29 unqualified. 45 30 Code section 49.81 changes the form of the notice issued to 45 31 a challenged voter to provide for the fact that not all 45 32 meetings of the special precinct board will convene at the 45 33 same time. 45 34 Code section 49.96 is amended to provide that if a voter 45 35 marks a straight party or organization ticket and also marks 46 1 the voting targets next to the names of one or more candidates 46 2 of the same party or organization, only the votes cast 46 3 separately for individual candidates shall be counted. 46 4 Code section 50.11 is amended to provide for electronic 46 5 transmission of election results from the precinct to the 46 6 courthouse. The amendment to the section also requires the 46 7 state commissioner of elections to adopt rules and the board 46 8 of examiners to approve the transmission devices. 46 9 Code section 50.12 is amended to explicitly state that 46 10 sealed ballot packages may not be opened except for a recount, 46 11 election contest, or to destroy the ballots. 46 12 Code section 50.48 is amended to provide a method to 46 13 calculate whether a bond is needed for offices to which more 46 14 than one person is elected. The amendment also provides that 46 15 all persons declared elected may appoint members of the 46 16 recount board. 46 17 Code section 50.49 is amended to provide a formula for 46 18 recount bond calculations for public measure elections 46 19 requiring 60 percent approval. 46 20 Code section 50.50 is amended to add counting errors 46 21 reported by the precinct election officials to the reasons for 46 22 calling for an administrative recount. 46 23 Code section 52.37 is amended to allow two couriers to pick 46 24 up ballots for central county precincts. The two couriers 46 25 must be of two different political parties. 46 26 New Code section 52.41 is enacted to provide that all 46 27 devices for the electronic transmission of election results 46 28 submitted for examination after January 1, 2000, be approved 46 29 by the state commissioner with the advice of the board of 46 30 examiners for voting machines and electronic voting systems. 46 31 Code section 53.8 is amended to require the inclusion of 46 32 secrecy envelopes with absentee ballots delivered to voters 46 33 unless the ballot can be folded to conceal all of the voter's 46 34 marks. 46 35 New Code section 53.10 is enacted to separate those Code 47 1 provisions providing for absentee voting in the county 47 2 commissioner's office from the provisions for satellite 47 3 absentee voting in Code section 53.11. The new section 47 4 prohibits electioneering within 30 feet of the courthouse 47 5 during absentee voting. This prohibition currently applies 47 6 only to satellite absentee voting stations. The bill makes 47 7 corresponding amendments to Code section 53.11. 47 8 Code section 53.18 is amended to make a complete reference 47 9 to the absentee and special voters precinct board. 47 10 Code section 53.19 is amended to remove the requirement 47 11 that a voter who requested, but did not receive, an absentee 47 12 ballot sign an affidavit to that effect before being allowed 47 13 to cast a special ballot. 47 14 Code section 53.30 is amended to provide that the absentee 47 15 and special voters precinct board must seal the ballots after 47 16 counting, and specifies that all envelopes and other documents 47 17 must be preserved. 47 18 Code section 53.38 is amended to permit the federal 47 19 postcard registration and absentee ballot request form to be 47 20 used as a voter registration form in Iowa. Currently, members 47 21 of the military and Iowa citizens who are overseas register to 47 22 vote when they cast absentee ballots. This would permit the 47 23 commissioner to add these voters to the registration roles 47 24 before the election, if sufficient information was supplied on 47 25 the federal postcard registration and absentee ballot request 47 26 form. Military and overseas voters may request ballots for 47 27 all elections held in a calendar year. 47 28 Code section 53.40 is amended to require the commissioner 47 29 of the overseas voter's residence to forward a copy of a 47 30 voter's request for an absentee ballot to any other 47 31 commissioner who may conduct an election in which the person 47 32 is qualified to vote. 47 33 Code section 57.1 is amended to add to the list of grounds 47 34 for contesting an election that the question or office was not 47 35 authorized or required by law to be voted upon at the election 48 1 in question. 48 2 Code sections 62.5 and 62.8, relating to the requirements 48 3 for filing a statement to contest an election, are repealed 48 4 and replaced with new Code section 62.5A. The new section 48 5 also provides that the deadline for contesting an election if 48 6 a recount changes the result is 20 days after the winner of 48 7 the recount is declared. 48 8 Code section 69.2 is amended to provide a method for 48 9 determining and declaring a vacancy in a local appointive or 48 10 elective office. 48 11 Code section 69.12 is amended to prohibit vacancies in 48 12 office being filled at the primary election. Other provisions 48 13 of the Code specify that partisan offices are filled at the 48 14 general election or at special elections. The section is also 48 15 amended to correct an internal reference in the Code relating 48 16 to the candidate filing deadlines for city offices in cities 48 17 with a primary election. 48 18 Code section 69.14A is amended to prohibit filling a 48 19 vacancy in a county office at a special election held between 48 20 the primary and the general election if a nomination to fill 48 21 that office was made at the primary election. 48 22 Code section 176A.8 is amended by striking the paragraph 48 23 requiring agriculture extension councils to publish notice of 48 24 the general election ballot at the councils' expense. 48 25 Publication is statutorily required as part of the county 48 26 commissioner of elections' duties. 48 27 Code section 176A.8 is also amended to change the 48 28 qualifications of signers of nomination petitions for 48 29 candidates for agriculture extension councils in order to be 48 30 uniform throughout the Code section. 48 31 Code section 256.63 is amended to permit counties to 48 32 canvass regional library board elections at regular meetings 48 33 of the board of supervisors. 48 34 Code section 256.64 is amended to remove a requirement that 48 35 vacancies on regional library boards may only be filled by 49 1 election if the vacancy occurs less than 90 days before the 49 2 election. The amendment requires all vacancies to be filled 49 3 by appointment. 49 4 Code section 275.12 is amended to require that the director 49 5 district boundaries, if districts are drawn, of a newly formed 49 6 or reorganized school district be drawn after the election 49 7 making the changes. Current law provides that citizen 49 8 petitioners may draw the director district boundaries. 49 9 Code section 275.25 is amended to make the candidate 49 10 nomination petition requirement of new school districts the 49 11 same as for established school districts. 49 12 Code sections 275.35 and 275.36 are amended to remove the 49 13 question of approval of director district boundaries from the 49 14 election or the question of whether a school district should 49 15 change its method of electing directors. The amendment 49 16 requires director or district boundaries be drawn or redrawn 49 17 after the election approving the change in boundaries. The 49 18 section is also amended to require approval of the new 49 19 boundaries by the state commissioner. 49 20 Code section 275.37 is amended, and Code section 275.37A is 49 21 enacted, to provide a process for the transition from five 49 22 school board members to seven and from seven school board 49 23 members to five. 49 24 Code section 275.55 is amended to allow the commissioner to 49 25 include with the summary of the question on the ballot a map 49 26 showing the new school district boundaries of school districts 49 27 to which portions of a dissolved district are to be attached 49 28 if approved at the election. 49 29 New Code section 275.57 is enacted to provide a process for 49 30 attachment of territory received by a school district when an 49 31 adjacent school district dissolves. 49 32 Code section 277.4 is amended to require the number for 49 33 calculation of the number of signatures required on nomination 49 34 petitions for school board candidates be taken from the number 49 35 of active registered voters only. A registration becomes 50 1 inactive when the voter is believed to have moved from the 50 2 county of registration and the registrant does not respond to 50 3 a request to verify status. 50 4 Code sections 277.23 and 278.1 are amended to make the 50 5 provisions of Code section 275.37 relating to implementation 50 6 of a change to increase the number of director districts 50 7 applicable to all changes increasing the membership of school 50 8 boards. 50 9 Code section 277.23 is also amended to require that a 50 10 school district with all of a city with population of 15,000 50 11 or more located in the district must have seven directors on 50 12 the board. Current law requires seven directors if only a 50 13 part of a city with population of 15,000 or more is located in 50 14 the district. 50 15 Code section 279.6 is amended to provide that the deadline 50 16 for submission of a resignation if the office is to appear on 50 17 the ballot at the next regular school election is not later 50 18 than 45 days before the election. 50 19 Code section 296.3 is amended to require that, within 10 50 20 days after receiving a petition for a bond election, the 50 21 president of the school board call a meeting of the board to 50 22 set an election date. The section is also amended to require 50 23 that the meeting be held within 30 days of receipt of the 50 24 petition. If more than one petition is received, the board 50 25 must consider them in the order they were received. 50 26 Code section 331.207 is amended to revise the schedule for 50 27 special elections to change the method of electing members of 50 28 the county board of supervisors. The amendment requires that 50 29 the petition be filed by June 1, that the election be held 50 30 within 60 days after filing of the petition, and that a plan 50 31 be drawn by September 15. Current law requires that all of 50 32 these requirements be fulfilled between January and February. 50 33 Code section 331.651 is amended to provide that, in the 50 34 case of a vacancy in the office of county sheriff, the first 50 35 deputy sheriff shall hold the office of sheriff until a 51 1 successor is appointed or elected. Current Code provides only 51 2 that the deputy shall serve until another sheriff is 51 3 appointed. 51 4 Code sections 336.2, 336.16, and 336.18 are amended to move 51 5 the filing deadline for petitions to establish or terminate a 51 6 county library district from 40 days before the general 51 7 election to 82 days before the general election. The sections 51 8 are also amended to strike the provision permitting the 51 9 question to establish or terminate a county library district 51 10 to be placed on the primary election ballot. 51 11 Code section 346.27 is amended to strike the provision 51 12 permitting the question of issuance of county bonds and 51 13 conveyance of title to property to be placed on the primary 51 14 election ballot. 51 15 Code section 372.9 is amended to provide that the full text 51 16 of a proposed home rule charter or alternative form of 51 17 government proposal and the date of the election on the 51 18 charter or alternative form must be included in the published 51 19 notice of the election. 51 20 Code section 372.13 is amended to require the city council 51 21 of a city with a primary election to notify the county 51 22 commissioner of elections of the date of a special election to 51 23 fill a vacancy in a city office at least 85 days before the 51 24 date chosen. 51 25 Code section 376.2 is amended to require a special election 51 26 to change the length of the terms of elected city officers be 51 27 held more than 90 days before the regular city election if the 51 28 changed terms are to be effective for offices filled at that 51 29 election. 51 30 Code section 376.6 is amended to change the deadline for 51 31 city clerks to notify the county auditor of the type of 51 32 nomination process to be used for city elections. The 51 33 amendment changes the deadline from 77 days before the 51 34 election to 90 days before the election. 51 35 Code section 422A.1 is amended to refer to the regular city 52 1 election, rather than the city general election. 52 2 LSB 1243HV 78 52 3 sc/jw/5.1
Text: HF00655 Text: HF00657 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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