Text: HF00402 Text: HF00404 Text: HF00400 - HF00499 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 2001, 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, Code 2001, is amended by adding the 1 10 following new subsection: 1 11 NEW SUBSECTION. 17. "Written" and "in writing" may 1 12 include any mode of representing words or letters in general 1 13 use. A signature, when required by law, must be made by the 1 14 writing or markings of the person whose signature is required. 1 15 If a person is unable due to a physical disability to make a 1 16 written signature or mark, that person may substitute either 1 17 of the following in lieu of a signature required by law: 1 18 a. The name of the person with a disability written by 1 19 another upon the request and in the presence of the person 1 20 with a disability. 1 21 b. A rubber stamp reproduction of the name or facsimile of 1 22 the actual signature of the person with a disability when 1 23 adopted by that person for all purposes requiring a signature 1 24 and then only when affixed by that person or another upon the 1 25 request and in the presence of the person with a disability. 1 26 Sec. 3. NEW SECTION. 39.5 ELECTIONS AUTHORIZED. 1 27 The commissioner shall conduct only elections authorized or 1 28 required by state law. 1 29 Sec. 4. Section 39.22, subsection 2, unnumbered paragraph 1 30 1, Code 2001, is amended to read as follows: 1 31 If the county board of supervisors does not have the power 1 32 provided under subsection 1 to fill the offices of trustee and 1 33 clerk within a township by appointment, then the offices of 1 34 township trustee and township clerk shall be filled by 1 35 election. Township trustees and the township clerk, in 2 1 townships which do not include a city, shall be elected by the 2 2 voters of the entire township. In townships which include a 2 3 city, the officers shall be elected by the voters of the 2 4 township who reside outside the corporate limits of the city,2 5but a township officer may be a resident of the city. 2 6 Sec. 5. NEW SECTION. 39.26 CANDIDATE QUALIFICATIONS. 2 7 Any person seeking election to an elective office under the 2 8 laws of this state shall be an eligible elector at the time of 2 9 any election at which the person's name appears on the ballot. 2 10 Sec. 6. NEW SECTION. 39.27 QUALIFICATIONS FOR PUBLIC 2 11 OFFICE. 2 12 Any person elected to an office under the laws of this 2 13 state shall be an eligible elector. At the time an elected 2 14 official takes office the official shall be a resident of the 2 15 state, district, county, township, city, or ward by or for 2 16 which the person was elected, or in which the duties of the 2 17 office are to be exercised. An elected official shall 2 18 continue to be a resident of the state, district, county, 2 19 township, city, or ward by or for which the person was 2 20 elected, or in which the duties of the office are to be 2 21 exercised for the duration of the term of office. This 2 22 section shall not apply to United States senators or 2 23 representatives in Congress or to members of the general 2 24 assembly. 2 25 Sec. 7. Section 43.14, Code 2001, is amended by striking 2 26 the section and inserting in lieu thereof the following: 2 27 43.14 FORM OF NOMINATION PAPERS. 2 28 1. Nomination papers shall include a petition and an 2 29 affidavit of candidacy. All nomination petitions shall be 2 30 eight and one-half by eleven inches in size and in 2 31 substantially the form prescribed by the state commissioner of 2 32 elections. They shall include or provide spaces for the 2 33 following information: 2 34 a. A statement identifying the signers of the petition as 2 35 eligible electors of the appropriate county or legislative 3 1 district and of the state. 3 2 b. The name of the candidate nominated by the petition. 3 3 c. For nomination petitions for candidates for the general 3 4 assembly, a statement that the residence of the candidate is 3 5 within the appropriate legislative district, or if that is not 3 6 true that the candidate will reside there within sixty days 3 7 before the election. For other offices, a statement of the 3 8 name of the county where the candidate resides. 3 9 d. The political party with which the candidate is a 3 10 registered voter. 3 11 e. The office sought by the candidate, including the 3 12 district number, if any. 3 13 f. The date of the primary election for which the 3 14 candidate is nominated. 3 15 Signatures on a petition page shall be counted only if the 3 16 required information is written or printed at the top of the 3 17 page. Nomination papers on behalf of candidates for seats in 3 18 the general assembly need only designate the number of the 3 19 senatorial or representative district, as appropriate, and not 3 20 the county or counties, in which the candidate and the 3 21 petitioners reside. A signature line shall not be counted if 3 22 the line lacks the signature of the eligible elector and the 3 23 signer's address and city. The person examining the petition 3 24 shall mark any deficiencies on the petition and affidavit. 3 25 2. Signed nomination petitions and the signed and 3 26 notarized affidavit of candidacy shall not be altered to 3 27 correct deficiencies noted during examination. If the 3 28 nomination petition lacks a sufficient number of acceptable 3 29 signatures, the nomination petition shall be rejected and 3 30 shall be returned to the candidate. 3 31 The nomination papers shall be rejected if the affidavit 3 32 lacks any of the following: 3 33 a. The candidate's name. 3 34 b. The name of the office sought, including the district, 3 35 if any. 4 1 c. The political party name. 4 2 d. The signature of the candidate. 4 3 e. The signature of a notary public or other officer 4 4 empowered to witness oaths. 4 5 The candidate may replace a deficient affidavit with a 4 6 corrected affidavit only if the replacement affidavit is filed 4 7 before the filing deadline. The candidate may resubmit a 4 8 nomination petition that has been rejected by adding a 4 9 sufficient number of pages or signatures to correct the 4 10 deficiency. A nomination petition and affidavit filed to 4 11 replace rejected nomination papers shall be filed together 4 12 before the deadline for filing. 4 13 Sec. 8. Section 43.15, subsection 4, Code 2001, is amended 4 14 to read as follows: 4 15 4. When more than one sheet is used, the sheets shall be 4 16 neatly arranged and securely fastened together before filing, 4 17 and shall be considered one nominationpaperpetition. 4 18 Sec. 9. Section 43.27, Code 2001, is amended to read as 4 19 follows: 4 20 43.27 PRINTING OF BALLOTS. 4 21 The ballots of each political party shall be printed in 4 22 black ink, on separate sheets of paper, uniform incolor,4 23 quality, texture, and size, with the name of the political 4 24 party printed at the head of said ballots, which ballots shall 4 25 be prepared by the commissioner in the same manner as for the 4 26 general election, except as in this chapter provided. The 4 27 commissioner may print the ballots for each political party 4 28 using a different color for each party. If colored paper is 4 29 used, all of the ballots for each separate party shall be 4 30 uniform in color. 4 31 Sec. 10. Section 43.45, Code 2001, is amended by striking 4 32 the section and inserting in lieu thereof the following: 4 33 43.45 CANVASS OF VOTES. 4 34 1. Upon the closing of the polls the precinct election 4 35 officials shall immediately publicly canvass the vote. The 5 1 canvass shall be conducted using the procedures established in 5 2 subsection 2 or 3, whichever is appropriate for the voting 5 3 system used in the precinct. 5 4 2. In precincts where paper ballots are used, precinct 5 5 election officials shall do all of the following: 5 6 a. Place the ballots of the several political parties in 5 7 separate piles. 5 8 b. Separately count the ballots of each party, and make 5 9 the correct entries thereof on the tally sheets. 5 10 c. Certify to the number of votes cast upon the ticket of 5 11 each political party for each candidate for each office. 5 12 d. Place the ballots cast on behalf of each of the parties 5 13 in separate envelopes. Seal each envelope and place the 5 14 signature of all board members of the precinct across the seal 5 15 of the envelope so that it cannot be opened without breaking 5 16 the seal. 5 17 e. On the outside of each envelope enter the number of 5 18 ballots cast by each party in the precinct and contained in 5 19 the envelope. 5 20 f. Seal the tally sheets and certificates of the precinct 5 21 election officials in an envelope on the outside of which are 5 22 written or printed the names of the several political parties 5 23 with the names of the candidates for the different offices 5 24 under their party name, and opposite each candidate's name 5 25 enter the number of votes cast for such candidate in the 5 26 precinct. 5 27 g. Enter on the envelope the total number of voters of 5 28 each party who cast ballots in the precinct. 5 29 h. Communicate the results in the manner required by 5 30 section 50.11, to the commissioner of the county in which the 5 31 polls are located, who shall remain on duty until the results 5 32 are communicated to the commissioner from each polling place 5 33 in the county. 5 34 3. In precincts where voting machines are used, precinct 5 35 election officials shall do all of the following: 6 1 a. Close the machines to prevent additional voting, and 6 2 print the results for the precinct. 6 3 b. Tabulate all write-in votes. If necessary, add the 6 4 votes, including write-in votes, from all machines to obtain 6 5 the total number of votes cast in the precinct by the members 6 6 of each political party for each office on the ballot. 6 7 c. Put any forms used by voters to cast write-in votes in 6 8 an envelope with one copy of the printed results from each 6 9 voting machine. Seal the envelope and place the signature of 6 10 all board members of the precinct across the seal of the 6 11 envelope so that it cannot be opened without breaking the 6 12 seal. 6 13 d. On the outside of the envelope enter the number of 6 14 voters from each party in the precinct. Report the number of 6 15 votes cast for each office by the voters of each political 6 16 party. A copy of the printed tape from the voting machine may 6 17 be used to report vote totals. 6 18 e. Communicate the results to the commissioner in the 6 19 manner required by section 50.11. The commissioner shall 6 20 remain on duty until the results are communicated to the 6 21 commissioner from each polling place in the county. 6 22 4. In precincts where electronic voting systems are used 6 23 and ballots are counted in the precinct, precinct election 6 24 officials shall do all of the following: 6 25 a. Close and secure the ballot reader to prevent the 6 26 insertion of additional ballots. 6 27 b. Print the results for the precinct. 6 28 c. Open the ballot container. Secure all ballots counted 6 29 by the vote-tabulating device. Sort the remaining ballots by 6 30 party. Tally all write-in votes and any other ballots not yet 6 31 counted. Record the results in the tally list. 6 32 d. Put all ballots in an envelope or other package and 6 33 seal it. All members of the board shall sign their names 6 34 across the seal of the envelope. The seal shall be placed so 6 35 that the envelope or package cannot be opened without breaking 7 1 the seal. 7 2 5. In precincts where electronic voting systems are used 7 3 and ballots are counted at a central location, precinct 7 4 election officials shall follow the procedures in section 7 5 52.32. 7 6 Sec. 11. Section 43.48, Code 2001, is amended to read as 7 7 follows: 7 8 43.48 ELECTOR MAY ASCERTAIN VOTE CAST. 7 9 Any elector of the county shall have the right, before the 7 10 day fixed for canvassing the returns, to ascertain the vote 7 11 cast for any candidate in any precinct in the county, as shown 7 12 on the outside of the envelope containing the tally list or on 7 13 printed reports from voting machines or electronic voting 7 14 systems. 7 15 Sec. 12. Section 44.4, unnumbered paragraph 1, Code 2001, 7 16 is amended to read as follows: 7 17 Nominations made pursuant to this chapter and chapter 45 7 18 which are required to be filed in the office of the state 7 19 commissioner shall be filed in that office not more than 7 20 ninety-nine days nor later than five p.m. on the eighty-first 7 21 day before the date of the general election to be held in 7 22 November. Nominations made for a special election called 7 23 pursuant to section 69.14 shall be filed by five p.m. not less 7 24 than twenty-five days before the date of an election called 7 25 upon at least forty days' notice and not less than fourteen 7 26 days before the date of an election called upon at least 7 27 eighteen days' notice. Nominations made for a special 7 28 election called pursuant to section 69.14A shall be filed by 7 29 five p.m. not less thantwentytwenty-five days before the 7 30 date of the election. Nominations made pursuant to this 7 31 chapter and chapter 45 which are required to be filed in the 7 32 office of the commissioner shall be filed in that office not 7 33 more than ninety-two days nor later than five p.m. on the 7 34 sixty-ninth day before the date of the general election. 7 35 Nominations made pursuant to this chapter or chapter 45 for 8 1 city office shall be filed not more than seventy-two days nor 8 2 later than five p.m. on the forty-seventh day before the city 8 3 election with the city clerk, who shall process them as 8 4 provided by law. 8 5 Sec. 13. Section 45.3, unnumbered paragraph 1, Code 2001, 8 6 is amended by striking the unnumbered paragraph. 8 7 Sec. 14. NEW SECTION. 45.5 FORM OF NOMINATION PAPERS. 8 8 Nomination papers shall include a petition and an affidavit 8 9 of candidacy. All nomination petitions shall be eight and 8 10 one-half by eleven inches in size and shall be in 8 11 substantially the form prescribed by the state commissioner of 8 12 elections. They shall provide spaces for the following 8 13 information: 8 14 1. A statement identifying the signers of the petition as 8 15 eligible electors of the appropriate county or legislative 8 16 district and of the state of Iowa. 8 17 2. The name of the candidate nominated by the petition. 8 18 3. A statement that the candidate is a resident of the 8 19 appropriate ward, city, county, school district, or 8 20 legislative or other district as required by section 45.1. 8 21 4. The office sought by the candidate, including the 8 22 district number, if any. 8 23 5. The name and date of the election for which the 8 24 candidate is nominated. 8 25 Signatures on a petition page shall be counted only if the 8 26 required information is written or printed at the top of the 8 27 page. Nomination papers on behalf of candidates for seats in 8 28 the general assembly need only designate the number of the 8 29 senatorial or representative district, as appropriate, and not 8 30 the county or counties, in which the candidate and the 8 31 petitioners reside. Signature lines on the nomination 8 32 petitions shall not be counted if the line lacks the signature 8 33 of the eligible elector and the signer's address and city. 8 34 The person examining the petition shall mark any deficiencies 8 35 on the petition. 9 1 The pages of the petition shall be securely fastened 9 2 together to form a single bundle. Nomination petitions that 9 3 are not bound shall be returned without further examination. 9 4 The state commissioner shall prescribe by rule the acceptable 9 5 methods for binding nomination petitions. 9 6 Signed nomination petitions and the signed and notarized 9 7 affidavit of candidacy shall not be altered to correct 9 8 deficiencies noted during the examination. If the nomination 9 9 petition lacks a sufficient number of acceptable signatures, 9 10 the nomination papers shall be rejected and returned to the 9 11 candidate. 9 12 The nomination papers shall be rejected if the affidavit 9 13 lacks any of the following: 9 14 a. The candidate's name. 9 15 b. The name of the office sought, including the district, 9 16 if any. 9 17 c. The signature of the candidate. 9 18 d. The signature of a notary public or other officer 9 19 empowered to witness oaths. 9 20 The candidate may replace a deficient affidavit with a 9 21 corrected one only if the replacement is filed before the 9 22 filing deadline. The candidate may resubmit a nomination 9 23 petition that has been rejected by adding a sufficient number 9 24 of pages or signatures to correct the deficiency. A 9 25 nomination petition and affidavit filed to replace rejected 9 26 nomination papers shall be filed together before the deadline 9 27 for filing. 9 28 Sec. 15. NEW SECTION. 45.6 REQUIREMENTS IN SIGNING. 9 29 The following requirements shall be observed in the signing 9 30 and preparation of nomination petitions: 9 31 1. A signer may sign nomination petitions for more than 9 32 one candidate for the same office, and the signature is not 9 33 invalid solely because the signer signed nomination petitions 9 34 for one or more other candidates for the office. 9 35 2. Each signer shall add the signer's residence, with 10 1 street and number. 10 2 3. All signers, for all nominations, of each separate part 10 3 of a nomination petition, shall reside in the appropriate 10 4 ward, city, county, school district, or legislative or other 10 5 district as required by section 45.1. 10 6 4. When more than one sheet is used, the sheets shall be 10 7 neatly arranged and securely fastened together before filing, 10 8 and shall be considered one nomination petition. Nomination 10 9 petitions which are not securely fastened together shall be 10 10 returned to the candidate or the candidate's designee without 10 11 examination. The state commissioner shall prescribe by rule 10 12 the acceptable methods for binding nomination petitions. 10 13 5. Only one candidate shall be petitioned for or nominated 10 14 in the same nomination petition, except for the offices of 10 15 governor and lieutenant governor, and president and vice 10 16 president. 10 17 Sec. 16. Section 48A.9, subsection 2, Code 2001, is 10 18 amended to read as follows: 10 19 2. The commissioner's office shall be open from eight a.m. 10 20 until at least five p.m. on the day registration closes before 10 21 each regularly scheduled election. However, if the last day 10 22 to register to vote for a regularly scheduled election falls 10 23 on the day after Thanksgiving, the deadline shall be the 10 24 following Monday. 10 25 Sec. 17. Section 48A.11, Code 2001, is amended by adding 10 26 the following new subsection: 10 27 NEW SUBSECTION. 6. A person who has been designated to 10 28 have power of attorney by a registrant does not have authority 10 29 to sign a voter registration form, except as otherwise 10 30 provided in section 4.1, subsection 39. 10 31 Sec. 18. Section 48A.27, subsection 3, paragraph a, Code 10 32 2001, is amended to read as follows: 10 33 a. Annexation of territory by a city. When an existing 10 34 city annexes territory, the city clerk shall furnish the 10 35 commissioner a detailed map of the annexed territory. If a 11 1 city is divided into wards for voting purposes, the detailed 11 2 map shall show the ward designations for the annexed 11 3 territory. The commissioner shall change the registration of 11 4 persons residing in that territory to reflect the annexation 11 5 and the city precinct to which each of those persons is 11 6 assigned. If the commissioner cannot determine the names and 11 7 addresses of the persons affected by the annexation, the 11 8 commissioner shall send each person who may be involved a 11 9 letter informing the person that the person's registration may 11 10 be in error, and requesting that each person provide the 11 11 commissioner with the information necessary to correct the 11 12 registration records. 11 13 Sec. 19. Section 48A.27, subsection 4, paragraph c, 11 14 unnumbered paragraph 2, Code 2001, is amended to read as 11 15 follows: 11 16 The notice shall be sent by forwardable mail, and shall 11 17 include a postage paid preaddressed return card on which the 11 18 registered voter may state the registered voter's current 11 19 address. The notice shall contain a statement in 11 20 substantially the following form: "Information received from 11 21 the United States postal service indicates that you are no 11 22 longer a resident of, and therefore not eligible to vote in 11 23 (name of county) County, Iowa. If this information is not 11 24 correct, and you still live in (name of county) County, please 11 25 complete and mail the attached postage paid card at least ten 11 26 days before the primary or general election and at least 11 27 eleven days before any other election at which you wish to 11 28 vote. If the information is correct and you have moved, 11 29 please contact a local official in your new area for 11 30 assistance in registering there. If you do not mail in the 11 31 card, you may be required to show identificationproving your11 32residence in (name of county) Countybefore being allowed to 11 33 vote in (name of county) County. If you do not return the 11 34 card, and you do not vote in an election in (name of county) 11 35 County, Iowa, on or before (date of second general election 12 1 following the date of the notice) your name will be removed 12 2 from the list of voters in that county. To ensure you receive 12 3 this notice, it is being sent to both your most recent 12 4 registration address and to your new address as reported by 12 5 the postal service." 12 6 Sec. 20. Section 48A.28, subsection 3, unnumbered 12 7 paragraph 2, Code 2001, is amended to read as follows: 12 8 The form and language of the confirmation notice and return 12 9 card shall be specified by the state voter registration 12 10 commission by rule. 12 11 Sec. 21. Section 48A.29, subsection 3, unnumbered 12 12 paragraph 2, Code 2001, is amended to read as follows: 12 13 The notice shall be sent by forwardable mail, and shall 12 14 include a postage paid preaddressed return card on which the 12 15 registered voter may state the registered voter's current 12 16 address. The notice shall contain a statement in 12 17 substantially the following form: "Information received by 12 18 this office indicates that you are no longer a resident of 12 19 (residence address) in (name of county) County, Iowa. If the 12 20 information is not correct, and you still live at that 12 21 address, please complete and mail the attached postage paid 12 22 card at least ten days before the primary or general election 12 23 and at least eleven days before any other election at which 12 24 you wish to vote. If the information is correct, and you have 12 25 moved within the county, you may update your registration by 12 26 listing your new address on the card and mailing it back. If 12 27 you have moved outside the county, please contact a local 12 28 official in your new area for assistance in registering there. 12 29 If you do not mail in the card, you may be required to show 12 30 identificationproving your residence in (name of county)12 31Countybefore being allowed to vote in (name of county) 12 32 County. If you do not return the card, and you do not vote in 12 33 some election in (name of county) County, Iowa, on or before 12 34 (date of second general election following the date of the 12 35 notice) your name will be removed from the list of registered 13 1 voters in that county." 13 2 Sec. 22. Section 48A.30, subsection 1, paragraph a, Code 13 3 2001, is amended to read as follows: 13 4 a. The registered voter dies. For the purposes of this 13 5 subsection, the commissioner may accept as evidence of death a 13 6 notice from the state registrar of vital statistics forwarded 13 7 by the state registrar of voters, a written statement from a 13 8 member of the registered voter's household, an obituary in a 13 9 newspaper, a written statement from an election official, or a 13 10 notice from theclerk of the district court incounty recorder 13 11 of the county where the registered voter died. 13 12 Sec. 23. Section 48A.38, subsection 1, Code 2001, is 13 13 amended by adding the following new paragraph: 13 14 NEW PARAGRAPH. f. The county commissioner of registration 13 15 and the state registrar of voters shall remove a voter's 13 16 social security number from a voter registration list prepared 13 17 pursuant to this section. 13 18 Sec. 24. Section 49.21, Code 2001, is amended by adding 13 19 the following new unnumbered paragraph: 13 20 NEW UNNUMBERED PARAGRAPH. The commissioner shall post a 13 21 sign at the entrance to the polling place indicating the 13 22 election precinct number or name, and displaying a street map 13 23 showing the boundaries of the precinct. 13 24 Sec. 25. Section 49.30, subsection 1, Code 2001, is 13 25 amended to read as follows: 13 26 1. Where special paper ballots are used, if it is not 13 27 possible to include all offices and public measures on a 13 28 single ballot, separate ballots may be provided for township 13 29 offices, nonpartisan offices, judges, or public measures. 13 30 Sec. 26. Section 49.31, subsection 2, Code 2001, is 13 31 amended by adding the following new unnumbered paragraph: 13 32 NEW UNNUMBERED PARAGRAPH. On the general election ballot 13 33 the names of candidates for the nonpartisan offices listed in 13 34 section 39.21 shall be arranged by drawing lots for position. 13 35 The board of supervisors shall hold the drawing at its first 14 1 meeting following the deadline for receipt of objections and 14 2 withdrawals by candidates for the general election. 14 3 Sec. 27. Section 49.53, unnumbered paragraph 1, Code 2001, 14 4 is amended to read as follows: 14 5 The commissioner shall not less than four nor more than 14 6 twenty days before the day of each election, except those for 14 7 which different publication requirements are prescribed by 14 8 law, publish notice of the election. The notice shall contain 14 9 a facsimile of the portion of the ballot containing the first 14 10 rotation as prescribed by section 49.31, subsection 2, and 14 11 shall show the names of all candidates or nominees and the 14 12 office each seeks, and all public questions, to be voted upon 14 13 at the election. The sample ballot published as a part of the 14 14 notice may at the discretion of the commissioner be reduced in 14 15 size relative to the actual ballot but such reduction shall 14 16 not cause upper case letters appearing in candidates' names or 14 17 in summaries of public measures on the published sample ballot 14 18 to be less thanfive thirty-sixths of an inch high in14 19candidates' names or in summaries of public measuresninety 14 20 percent of the size of such upper case letters appearing on 14 21 the actual ballot. The notice shall also state the date of 14 22 the election, the hours the polls will be open, the location 14 23 of each polling place at which voting is to occur in the 14 24 election, the location of the polling places designated as 14 25 early ballot pick-up sites, and the names of the precincts 14 26 voting at each polling place, but the statement need not set 14 27 forth any fact which is apparent from the portion of the 14 28 ballot appearing as a part of the same notice. The notice 14 29 shall include the full text of all public measures to be voted 14 30 upon at the election. The notice shall also include notice of 14 31 testing required pursuant to sections 52.9, 52.35, and 52.38. 14 32 Sec. 28. Section 49.57, subsection 4, Code 2001, is 14 33 amended to read as follows: 14 34 4. On ballots that will be counted by electronic 14 35 tabulating equipment, ballots shall include a voting target 15 1 next to the name of each candidate. The position, shape, and 15 2 size of the targets shall be appropriate for the equipment to 15 3 be used in counting the votes. Where paper ballots are used, 15 4 a square, the sides of which shall not be less than one-fourth15 5of an inch in length,may be printed at the beginning of each 15 6 line in which the name of a candidate is printed, except as 15 7 otherwise provided. 15 8 Sec. 29. Section 49.64, Code 2001, is amended to read as 15 9 follows: 15 10 49.64 NUMBER OF BALLOTS DELIVERED. 15 11 The commissioner shall cause ballots of the kind to be 15 12 voted in each precinct, to be delivered to the precinct 15 13 election officials as follows: in general elections which are 15 14 presidential electionsseventy-fiveat least fifty-five 15 15 ballots for every fifty votes, or fractionthereofof fifty 15 16 votes, cast insaidthe precinct at the last preceding general 15 17 election which was also a presidential election; and in 15 18 general elections which are not presidential elections, 15 19seventy-fiveat least fifty-five ballots for every fifty 15 20 votes, or fractionthereofof fifty votes, castthereinat the 15 21 last preceding general election which was not a presidential 15 22 election. 15 23 Sec. 30. Section 49.70, Code 2001, is amended to read as 15 24 follows: 15 25 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. 15 26 The commissioner shall cause copies of the foregoing 15 27 instructions to be printed in large, clear type, under the 15 28 heading of "Card ofInstructions for Voters", and shall 15 29 furnish the precinct election officials with a sufficient 15 30 number of suchcardsinstructions as will enable them to 15 31 comply with section 49.71. 15 32 Sec. 31. Section 49.73, subsection 1, paragraph b, Code 15 33 2001, is amended to read as follows: 15 34 b. Any election conducted for a city of three thousand 15 35 five hundred or less population, including a local option 16 1 sales and services tax election conducted pursuant to section 16 2 422B.1. At elections conducted pursuant to chapter 422B, 16 3 contiguous cities shall have the same voting hours. 16 4 Sec. 32. Section 49.73, subsection 1, Code 2001, is 16 5 amended by adding the following new paragraph: 16 6 NEW PARAGRAPH. e. The unincorporated area of any county 16 7 voting on a local option sales and services tax pursuant to 16 8 section 422B.1. 16 9 Sec. 33. Section 49.79, Code 2001, is amended to read as 16 10 follows: 16 11 49.79 CHALLENGES. 16 12 Any person offering to vote may be challenged as 16 13 unqualified by any precinct election official orelector; and16 14itregistered voter. It is the duty of each official to 16 15 challenge any person offering to vote whom the official knows 16 16 or suspects is not duly qualified. A ballot shall be received 16 17 from a voter who is challenged, but only in accordance with 16 18 section 49.81. 16 19 Sec. 34. Section 49.81, subsection 2, unnumbered paragraph 16 20 2, Code 2001, is amended to read as follows: 16 21 Your qualifications as a registered voter have been 16 22 challenged for the following reasons: 16 23 I. .................... 16 24 II. ................... 16 25 III. .................. 16 26 Your right to vote will be reviewed by the special precinct 16 27 counting board on ....... You have the right and are 16 28 encouraged to make a written statement and submit additional 16 29 written evidence to this board supporting your qualifications 16 30 as a registered voter. This written statement and evidence 16 31 may be given to an election official of this precinct on 16 32 election day or mailed or delivered to the county commissioner 16 33 of elections, but must be receivedprior to noonbefore ..... 16 34 a.m./p.m. on ...... at ....... If your ballot is not counted 16 35 you will receive notification of this fact. 17 1 Sec. 35. Section 49.84, Code 2001, is amended by adding 17 2 the following new unnumbered paragraph: 17 3 NEW UNNUMBERED PARAGRAPH. This section does not prohibit a 17 4 voter from taking minor children into the voting booth with 17 5 the voter. 17 6 Sec. 36. Section 49.88, Code 2001, is amended by adding 17 7 the following new unnumbered paragraph: 17 8 NEW UNNUMBERED PARAGRAPH. This section does not prohibit a 17 9 voter from taking minor children into the voting booth with 17 10 the voter. 17 11 Sec. 37. Section 49.96, Code 2001, is amended to read as 17 12 follows: 17 13 49.96 OFFICES WITH MORE THAN ONE PERSON TO BE ELECTED. 17 14 Where more than one person is to be elected to the same 17 15 office at the same election, and all of the candidates for 17 16 that office for whom the voter desires to vote were nominated 17 17 by the political party or nonparty political organization for 17 18 which the voter has marked a straight party or organization 17 19 vote, the voter need not otherwise indicate the vote for that 17 20 office. However, if a voter who has marked a straight party 17 21 or organization ticket also marks the voting targets next to 17 22 the names of one or more candidates of the same party or 17 23 organization, only the votes cast separately for individual 17 24 candidates for that office shall be counted. If the voter 17 25 wishes to vote for candidates who were nominated by different 17 26 political parties or nonparty political organizations, the 17 27 voter must mark the voting target for each candidate the voter 17 28 has chosen, whether or not the voter has also marked a 17 29 straight party or organization vote. 17 30 Sec. 38. Section 50.11, Code 2001, is amended to read as 17 31 follows: 17 32 50.11 PROCLAMATION OF RESULT. 17 33 When the canvass is completed one of the precinct election 17 34 officials shall publicly announce the total number of votes 17 35 received by each of the persons voted for, the office for 18 1 which the person is designated, as announced by the designated 18 2 tally keepers, and the number of votes for, and the number of 18 3 votes against, any proposition which shall have been submitted 18 4 to a vote of the people, and the. A precinct election 18 5 official shall communicatesaid informationthe election 18 6 results by telephoneor telegraphor in person to the 18 7 commissioner who is conducting the election immediately upon 18 8 completion of the canvass; and the. 18 9 Election results may be transmitted electronically from 18 10 voting equipment to the commissioner's office only after the 18 11 precinct election officials have produced a written report of 18 12 the election results. The devices used for the electronic 18 13 transmission of election results shall be approved for use by 18 14 the board of examiners pursuant to section 52.41. The state 18 15 commissioner of elections shall adopt rules establishing 18 16 procedures for the electronic transmission of election 18 17 results. 18 18 The commissioner shall remain on duty until such 18 19 information is communicated to the commissioner from each 18 20 polling place in the commissioner's county. 18 21 Sec. 39. Section 50.12, Code 2001, is amended to read as 18 22 follows: 18 23 50.12 RETURN AND PRESERVATION OF BALLOTS. 18 24 Immediately after making the proclamation, and before 18 25 separating, the board members of each precinct in which votes 18 26 have been received by paper ballot shall enclose in an 18 27 envelope or other container all ballots which have been 18 28 counted by them, except those endorsed "Rejected as double", 18 29 "Defective", or "Objected to", and securely seal the envelope. 18 30 The signatures of all board members of the precinct shall be 18 31 placed across the seal or the opening of the container so that 18 32 it cannot be opened without breaking the seal. The precinct 18 33 election officials shall return all the ballots to the 18 34 commissioner, who shall carefully preserve them for six 18 35 months. Ballots from elections for federal offices shall be 19 1 preserved for twenty-two months. The sealed packages 19 2 containing voted ballots shall be opened only for an official 19 3 recount authorized by section 50.48, 50.49, or 50.50, for an 19 4 election contest held pursuant to chapters 57 through 62, or 19 5 to destroy the ballots pursuant to section 50.19. 19 6 Sec. 40. Section 50.48, subsection 2, unnumbered paragraph 19 7 1, Code 2001, is amended to read as follows: 19 8 The candidate requesting a recount under this section shall 19 9 post a bond, unless the abstracts prepared pursuant to section 19 10 50.24, or section 43.49 in the case of a primary election, 19 11 indicate that the difference between the total number of votes 19 12 cast for the apparent winner and the total number of votes 19 13 cast for the candidate requesting the recount is less than the 19 14 greater of fifty votes or one percent of the total number of 19 15 votes cast for the office or nomination in question. If a 19 16 recount is requested for an office to which more than one 19 17 person was elected, the vote difference calculations shall be 19 18 made using the difference between the number of votes received 19 19 by the person requesting the recount and the number of votes 19 20 received by the apparent winner who received the fewest votes. 19 21 Where votes cast for that office or nomination were canvassed 19 22 in more than one county, the abstracts prepared by the county 19 23 boards in all of those counties shall be totaled for purposes 19 24 of this subsection. If a bond is required, it shall be filed 19 25 with the state commissioner for recounts involving a state 19 26 office, including a seat in the general assembly, or a seat in 19 27 the United States Congress, and with the commissioner 19 28 responsible for conducting the election in all other cases, 19 29 and shall be in the following amount: 19 30 Sec. 41. Section 50.49, unnumbered paragraph 4, Code 2001, 19 31 is amended to read as follows: 19 32 The petitioners requesting the recount shall post a bond as 19 33 required by section 50.48, subsection 2. The amount of the 19 34 bond shall be one thousand dollars for a public measure 19 35 appearing on the ballot statewide or one hundred dollars for 20 1 any other public measure. If the difference between the 20 2 affirmative and negative votes cast on the public measure is 20 3 less than the greater of fifty votes or one percent of the 20 4 total number of votes cast for and against the question, a 20 5 bond is not required. If approval by sixty percent of the 20 6 votes cast is required for adoption of the public measure, no 20 7 bond is required if the difference between sixty percent of 20 8 the total votes cast for and against the question and the 20 9 number of votes cast for the losing side is less than the 20 10 greater of fifty votes or one percent of the total number of 20 11 votes cast. 20 12 Sec. 42. Section 50.50, unnumbered paragraph 1, Code 2001, 20 13 is amended to read as follows: 20 14 The commissioner who was responsible for conducting an 20 15 election may request an administrative recount when the 20 16 commissioner suspects that voting equipment used in the 20 17 election malfunctioned or that programming errors may have 20 18 affected the outcome of the election, or if the precinct 20 19 election officials report counting errors to the commissioner 20 20 after the conclusion of the canvass of votes in the precinct. 20 21 An administrative recount shall be conducted by the board of 20 22 the special precinct established by section 53.23. Bond shall 20 23 not be required for an administrative recount. The state 20 24 commissioner may adopt rules for administrative recounts. 20 25 Sec. 43. Section 52.37, subsection 1, Code 2001, is 20 26 amended to read as follows: 20 27 1. The sealed ballot container from each precinct shall be 20 28 delivered to the counting center by twoof theelection 20 29 officialsof that precinct, not members of the same political 20 30 party if the ballot contains partisan offices, who shall 20 31 travel together in the same vehicle and shall have the 20 32 container under their immediate joint control until they 20 33 surrender it to the commissioner or the commissioner's 20 34 designee in charge of the counting center. The commissioner 20 35 may designate two precinct election officials, of different 21 1 political parties if the ballot contains partisan offices, to 21 2 collect the sealed ballot containers from more than one 21 3 precinct to deliver to the counting center. The commissioner 21 4 or designee shall, in the presence of the two precinct 21 5 election officials who delivered the container, enter on a 21 6 record kept for the purpose that the container was received, 21 7 the time the container was received, and the condition of the 21 8 seal upon receipt. 21 9 In nonpartisan elections the election officials delivering 21 10 the ballots are not required to be members of any political 21 11 party, or to be members of different political parties. 21 12 Sec. 44. NEW SECTION. 52.41 ELECTRONIC TRANSMISSION OF 21 13 ELECTION RESULTS. 21 14 With the advice of the board of examiners for voting 21 15 machines and electronic voting systems, the state commissioner 21 16 shall adopt by rule standards for the examination and testing 21 17 of devices for the electronic transmission of election 21 18 results. All voting systems which contain devices for the 21 19 electronic transmission of election results submitted to the 21 20 examiners for examination and testing after January 1, 2002, 21 21 shall comply with these standards. 21 22 Sec. 45. Section 53.8, subsection 1, Code 2001, is amended 21 23 to read as follows: 21 24 1. Upon receipt of an application for an absentee ballot 21 25 and immediately after the absentee ballots are printed, the 21 26 commissioner shall mail an absentee ballot to the applicant 21 27 within twenty-four hours, except as otherwise provided in 21 28 subsection 3. The absentee ballot shall be enclosed in an 21 29 unsealed envelope bearing a serial number and affidavit. The 21 30 absentee ballot and unsealed envelope shall be enclosed in or 21 31 with a carrier envelope which bears the same serial number as 21 32 the unsealed envelope. The absentee ballot, unsealed 21 33 envelope, and carrier envelope shall be enclosed in a third 21 34 envelope to be sent to the registered voter. If the ballot 21 35 cannot be folded so that all of the votes cast on the ballot 22 1 will be hidden, the commissioner shall also enclose a secrecy 22 2 envelope with the absentee ballot. 22 3 Sec. 46. NEW SECTION. 53.10 ABSENTEE VOTING AT THE 22 4 COMMISSIONER'S OFFICE. 22 5 Not more than forty days before the date of the primary 22 6 election or the general election, the commissioner shall 22 7 provide facilities for absentee voting in person at the 22 8 commissioner's office. This service shall also be provided 22 9 for other elections as soon as the ballots are ready, but in 22 10 no case shall absentee ballots be available more than forty 22 11 days before an election. 22 12 Each person who wishes to vote by absentee ballot at the 22 13 commissioner's office shall first sign an application for a 22 14 ballot including the following information: name, current 22 15 address, and the election for which the ballot is requested. 22 16 The person may report a change of address or other information 22 17 on the person's voter registration record at that time. The 22 18 registered voter shall immediately mark the ballot, enclose 22 19 the ballot in a secrecy envelope, if necessary, and seal it in 22 20 a ballot envelope, subscribe to the affidavit on the reverse 22 21 side of the envelope, and return the absentee ballot to the 22 22 commissioner. The commissioner shall record the numbers 22 23 appearing on the application and ballot envelope along with 22 24 the name of the registered voter. 22 25 During the hours when absentee ballots are available in the 22 26 office of the commissioner, the posting of political signs is 22 27 prohibited within thirty feet of the absentee voting site. No 22 28 electioneering shall be allowed within the sight or hearing of 22 29 voters at the absentee voting site. 22 30 Sec. 47. Section 53.11, unnumbered paragraph 1, Code 2001, 22 31 is amended by striking the unnumbered paragraph. 22 32 Sec. 48. Section 53.11, unnumbered paragraph 2, Code 2001, 22 33 is amended to read as follows: 22 34 Satellite absentee voting stationsshallmay be established 22 35 throughout the cities and county at the direction of the 23 1 commissionerorand shall be established upon receipt of a 23 2 petition signed by not less than one hundred eligible electors 23 3 requesting that a satellite absentee voting station be 23 4 established at a location to be described on the petition. A 23 5 satellite absentee voting station established by petition must 23 6 be open at least one day for a minimum of six hours. A 23 7 satellite absentee voting station established at the direction 23 8 of the commissioner or by petition may remain open until five 23 9 p.m. on the day before the election. 23 10 Sec. 49. Section 53.11, Code 2001, is amended by adding 23 11 the following new unnumbered paragraphs: 23 12 NEW UNNUMBERED PARAGRAPH. Procedures for absentee voting 23 13 at satellite absentee voting stations shall be the same as 23 14 specified in section 53.10 for voting at the commissioner's 23 15 office. Additional procedures shall be prescribed by rule by 23 16 the state commissioner. 23 17 NEW UNNUMBERED PARAGRAPH. During the hours when absentee 23 18 ballots are available at a satellite absentee voting station, 23 19 the posting of political signs is prohibited within thirty 23 20 feet of the satellite absentee voting station. No 23 21 electioneering shall be allowed within the sight or hearing of 23 22 voters at the satellite absentee voting station. 23 23 Sec. 50. Section 53.18, Code 2001, is amended to read as 23 24 follows: 23 25 53.18 MANNER OF PRESERVING BALLOT AND APPLICATION. 23 26 Upon receipt of the absentee ballot, the commissioner shall 23 27 at once record the number appearing on the application and 23 28 return carrier envelope and time of receipt of such ballot and 23 29 attach the elector's application to the unopened envelope. 23 30 Absentee ballots shall be stored in a secure place until they 23 31 are delivered to the absentee and special voters precinct 23 32 board. 23 33 Sec. 51. Section 53.19, unnumbered paragraph 3, Code 2001, 23 34 is amended to read as follows: 23 35 However, any registered voter who has received an absentee 24 1 ballot and not returned it, may surrender the absentee ballot 24 2 to the precinct officials and vote in person at the polls. 24 3 The precinct officials shall mark the uncast absentee ballot 24 4 "void" and return it to the commissioner. Any registered 24 5 voter who has been sent an absentee ballot by mail but for any 24 6 reason has not received it or who has not brought the ballot 24 7 to the polls, may appear at the voter's precinct polling place 24 8 on election day andsign an affidavit to that effect, after24 9which the voter shall be permitted to vote in person. Such24 10votershall cast a ballot in accordance with section 49.81. 24 11The form of the affidavit for use in such cases shall be24 12prescribed by the state commissioner.24 13 Sec. 52. Section 53.30, Code 2001, is amended to read as 24 14 follows: 24 15 53.30 BALLOT ENVELOPE PRESERVED. 24 16 At the conclusion of each meeting of the absentee and 24 17 special voter's precinct board, the board shall securely seal 24 18 all ballots counted by them in the manner prescribed in 24 19 section 50.12. The ballot envelopes, including the envelope 24 20 having the registered voter's affidavitthereonon it, the 24 21 return carrier envelope, and secrecy envelope bearing the 24 22 signatures of precinct election officials, as required by 24 23 section 53.23, shall be preserved. All applications for 24 24 absentee ballots, ballots rejected without being opened, 24 25 absentee ballot logs, and any other documents pertaining to 24 26 the absentee ballot process shall be preserved until such time 24 27 as the documents may be destroyed pursuant to section 50.19. 24 28 Sec. 53. Section 53.38, Code 2001, is amended to read as 24 29 follows: 24 30 53.38AFFIDAVITWHAT CONSTITUTES REGISTRATION. 24 31 Whenever a ballot is requested pursuant to section 53.39 or 24 32 53.45 on behalf of a voter in the armed forces of the United 24 33 States, the affidavit upon the ballot envelope of such voter, 24 34 if the voter is found to be an eligible elector of the county 24 35 to which the ballot is submitted, shall constitute a 25 1 sufficient registration underthe provisions ofchapter 48A 25 2and the. A completed federal postcard registration and 25 3 federal absentee ballot request form submitted by such 25 4 eligible elector shall also constitute a sufficient 25 5 registration under chapter 48A. The commissioner shall place 25 6 the voter's name on the registration record as a registered 25 7 voter, if it does not already appear there. 25 8 Sec. 54. Section 53.40, unnumbered paragraph 1, Code 2001, 25 9 is amended to read as follows: 25 10 A request in writing for a ballot may be made by any member 25 11 of the armed forces of the United States who is or will be a 25 12 qualified voter on the day of the election at which the ballot 25 13 is to be cast, at any time before the election. Any member of 25 14 the armed forces of the United States may request ballots for 25 15 all elections to be held within a calendar year. The request 25 16 may be made by using the federal postcard application form and 25 17 indicating that the applicant wishes to receive ballots for 25 18 all elections as permitted by state law. The countyauditor25 19 commissioner shall send the applicant a ballot for each 25 20 election held during the calendar year in which the 25 21 application is received. The commissioner shall forward a 25 22 copy of the absentee ballot request to other commissioners who 25 23 are responsible under section 47.2, subsection 2, for 25 24 conducting elections in which the applicant is eligible to 25 25 vote. 25 26 Sec. 55. Section 57.1, subsection 2, Code 2001, is amended 25 27 by adding the following new paragraph after paragraph f and 25 28 relettering the subsequent paragraphs: 25 29 NEW PARAGRAPH. g. That the public measure or office was 25 30 not authorized or required by state law to appear on the 25 31 ballot at the election being contested. 25 32 Sec. 56. NEW SECTION. 62.5A STATEMENT OF INTENT TO 25 33 CONTEST. 25 34 1. Within twenty days after the board of supervisors 25 35 declares a winner from the canvass of an election, the 26 1 contestant shall file with the commissioner a written 26 2 statement of intention to contest the election. If a recount 26 3 is held for the office in question, and the recount board 26 4 finds that the winner was someone other than the person 26 5 declared at the original canvass of votes, a contest may be 26 6 filed within twenty days after the board of supervisors 26 7 declares a winner from the recount of votes. 26 8 2. The contestant's statement shall include the following: 26 9 a. The name of the contestant and that the contestant is 26 10 qualified to hold such office. 26 11 b. The name of the incumbent. 26 12 c. The office contested. 26 13 d. The date of the election. 26 14 e. The particular causes of the contest pursuant to 26 15 section 57.1, subsection 2. If a cause of the contest is an 26 16 allegation that illegal votes were received or that legal 26 17 votes were rejected, a statement shall be included setting 26 18 forth the names of the persons who are alleged to have voted 26 19 illegally or whose votes were rejected and the precinct where 26 20 they voted or offered to vote. 26 21 f. The affidavit of the contestant, or some elector of the 26 22 county, affirming the causes set forth are true. 26 23 Sec. 57. Section 63.8, Code 2001, is amended to read as 26 24 follows: 26 25 63.8 VACANCIES – TIME TO QUALIFY. 26 26 Persons elected or appointed to fill vacancies, and 26 27 officers entitled to hold over to fill vacancies occurring 26 28 through a failure to elect, appoint, or qualify, as provided 26 29 in chapter 69, shall qualify within ten days from the county 26 30 board's canvass of such election, or within ten days from such 26 31 appointment,or failure to elect, appoint, or qualify, in the 26 32 same manner as those originally elected or appointed to such 26 33 offices. 26 34 Sec. 58. Section 69.2, Code 2001, is amended to read as 26 35 follows: 27 1 69.2 WHAT CONSTITUTES VACANCY. 27 2 1. Every civil office shall be vacant if any of the 27 3 following events occur: 27 41.a. A failure to elect at the proper election, or to 27 5 appoint within the time fixed by law, unless the incumbent 27 6 holds over. 27 72.b. A failure of the incumbent or holdover officer to 27 8 qualify within the time prescribed by law. 27 93.c. The incumbent ceasing to be a resident of the state, 27 10 district, county, township, city, or ward by or for which the 27 11 incumbent was elected or appointed, or in which the duties of 27 12 the office are to be exercised. This subsection shall not 27 13 apply to appointed city officers. 27 144.d. The resignation or death of the incumbent, or of the 27 15 officer-elect before qualifying. 27 165.e. The removal of the incumbent from, or forfeiture of, 27 17 the office, or the decision of a competent tribunal declaring 27 18 the office vacant. 27 196.f. The conviction of the incumbent of a felony, an 27 20 aggravated misdemeanor, or of any public offense involving the 27 21 violation of the incumbent's oath of office. 27 227.g. The board of supervisors declares a vacancy in an 27 23 elected county office upon finding that the county officer has 27 24 been physically absent from the county for sixty consecutive 27 25 days except in the case of a medical emergency; temporary 27 26 active military duty; or temporary service with another 27 27 government service, agency, or department. 27 288.h. The incumbent simultaneously holding more than one 27 29 elective office at the same level of government. This 27 30 subsection does not apply to the following offices: county 27 31 agricultural extension council, soil and water conservation 27 32 district commission, or regional library board of trustees. 27 339.i. An incumbent statewide elected official or member of 27 34 the general assembly simultaneously holding more than one 27 35 elective office. 28 1 2. If the status of an officeholder is in question, the 28 2 entity or officer responsible for making an appointment to 28 3 fill the vacancy shall decide whether a vacancy exists. The 28 4 appointing entity or officer may act upon its own motion. If 28 5 a petition signed by twenty-five registered voters of the 28 6 jurisdiction is received, the appointing entity or officer 28 7 shall convene within thirty days to consider whether a vacancy 28 8 exists. The appointing entity or officer shall publish notice 28 9 that a public hearing will be held to determine whether a 28 10 vacancy exists. The notice shall include the time and place 28 11 of the hearing and the name of the office and the officeholder 28 12 whose status is in question. The public hearing shall be held 28 13 not less than four nor more than fourteen days after 28 14 publication of the notice. The officer whose status is in 28 15 question shall be notified of the time and place of the 28 16 hearing. Notice shall be sent by certified mail and must be 28 17 postmarked at least fourteen days before the hearing. No 28 18 later than seven days after the public hearing, the appointing 28 19 entity or officer shall publish its decision. If the 28 20 appointing entity or officer decides that the office is 28 21 vacant, the publication shall state the date the vacancy 28 22 occurred and what action will be taken to fill the vacancy. 28 23 3. The officer against whom the judgment was rendered may 28 24 appeal to the district court no later than twenty days after 28 25 official publication of the decision. However, the appeal 28 26 will not supersede the execution of the judgment of the 28 27 appointing entity or officer, unless the party gives a bond, 28 28 with security to be approved by the district judge in a sum to 28 29 be fixed by the judge. The amount of the bond shall be at 28 30 least double the probable compensation of such officer for six 28 31 months, which bond shall be conditioned that the officer will 28 32 prosecute the appeal without delay, and that, if the judgment 28 33 appealed from is affirmed, the party will pay over to the 28 34 successful party all compensation received by the party while 28 35 in possession of the office after the judgment appealed from 29 1 was rendered. The court shall hear the appeal in equity and 29 2 determine anew all questions arising in the case. 29 3 4. If, upon appeal, the judgment is affirmed, the district 29 4 court may render judgment upon the bond for the amount of 29 5 damages awarded against the appellant and the sureties on the 29 6 bond. 29 7 Sec. 59. Section 69.12, subsection 1, paragraph a, Code 29 8 2001, is amended to read as follows: 29 9 a. A vacancy shall be filled at the next pending election 29 10 if it occurs: 29 11 (1) Seventy-four or more daysprior tobefore the 29 12 election, if it is a generalor primaryelection. 29 13 (2) Fifty-two or more daysprior tobefore the election, 29 14 if it is a regularly scheduled or special city election. 29 15 However, for those cities which may be required to hold a 29 16 primary election, the vacancy shall be filled at the next 29 17 pending election if it occurs seventy-three or more days 29 18 before a regularly scheduled or special city election. 29 19 (3) Forty-five or more daysprior tobefore the election, 29 20 if it is a regularly scheduled school election. 29 21 (4) Forty or more daysprior tobefore the election, if it 29 22 is a special election. 29 23 Sec. 60. Section 69.12, subsection 1, paragraph b, Code 29 24 2001, is amended to read as follows: 29 25 b. Nomination papers on behalf of candidates for a vacant 29 26 office to be filled pursuant to paragraph "a" of this 29 27 subsection shall be filed, in the form and manner prescribed 29 28 by applicable law, by fiveo'clockp.m. on: 29 29 (1) The final filing date for candidates filing with the 29 30 state commissioner or commissioner, as the case may be, for a 29 31 generalor primaryelection. 29 32 (2) Theforty-seventh day prior tocandidate filing 29 33 deadline specified in section 376.4 for regularly scheduled or 29 34 special city election. 29 35 (3) The fortieth dayprior tobefore a regularly scheduled 30 1 school election. 30 2 (4) The twenty-fifth dayprior tobefore a special 30 3 election. 30 4 Sec. 61. Section 69.14A, Code 2001, is amended by adding 30 5 the following new subsection: 30 6 NEW SUBSECTION. 4. Notwithstanding subsections 1 and 2, 30 7 if a nomination has been made at the primary election for an 30 8 office in which a vacancy has been filled by appointment, the 30 9 office shall be filled at the next general election, and not 30 10 at any special election in the same political subdivision. 30 11 Sec. 62. Section 256.63, unnumbered paragraph 2, Code 30 12 2001, is amended to read as follows: 30 13 The votes cast in the election shall be canvassed and 30 14 abstracts of the votes cast shall be promptly certified by the 30 15 commissioner to the commissioner of elections who is 30 16 responsible under section 47.2 for conducting elections for 30 17 that regional library board district. In each county whose 30 18 commissioner of elections is responsible under section 47.2 30 19 for conducting elections held for a regional library board 30 20 district, the county board of supervisors shall convene at 30 21 nine a.m. on the third Monday or Tuesday in November, canvass 30 22 the abstracts of votes cast and declare the results of the 30 23 voting. The commissioner shall at once issue certificates of 30 24 election to each person declared elected. 30 25 Sec. 63. Section 256.64, Code 2001, is amended to read as 30 26 follows: 30 27 256.64 TERMS. 30 28 Regional library trustees shall take office on the first 30 29 day of January following the general election and shall serve 30 30 terms of four years. A vacancy shall be filledwhen it occurs30 31not less than ninety days before the next general electionby 30 32 appointment by the regional board for the unexpired term. No 30 33 trustee shall serve on a local library board or be employed by 30 34 a library during the trustee's term of office as a regional 30 35 library trustee. 31 1 Sec. 64. Section 275.12, subsections 3 and 4, Code 2001, 31 2 are amended to read as follows: 31 3 3. If the petition proposes the division of the school 31 4 district into director districts, the boundaries of the 31 5 proposed director districts shall not bedescribed in the31 6petition and shall bedrawn until the question is approved by 31 7 the voters. If the question is approved by the voters, the 31 8 directors of the new school district shall draw the boundaries 31 9 of the director districts according to the standards described 31 10 in section 275.23A, subsection 1. Following adoption by the 31 11 school board, the plan shall be submitted to the state 31 12 commissioner of elections for approval. 31 13 4. The area education agency board in reviewing the 31 14 petition as provided in sections 275.15 and 275.16 shall 31 15 review the proposed method of election of school directors and 31 16 may change or amend the plan in any manner, includingthe31 17changing of boundaries of director districts if proposed, or31 18 to specify a different method of electing school directors as 31 19 may be required by law, justice, equity, and the interest of 31 20 the people. In the action, the area education agency board 31 21 shall follow the same procedure as is required by sections 31 22 275.15 and 275.16 for other action on the petition by the area 31 23 education agency board.The area education agency shall31 24ascertain that director district boundary lines comply with31 25the provisions of section 275.23A, subsection 1, and shall31 26make adjustments as necessary.31 27 Sec. 65. Section 275.25, subsection 1, unnumbered 31 28 paragraph 1, Code 2001, is amended to read as follows: 31 29 If the proposition to establish a new school district 31 30 carries under the method provided in this chapter, the area 31 31 education agency administrator with whom the petition was 31 32 filed shall give written notice of a proposed date for a 31 33 special election for directors of the newly formed school 31 34 district to the commissioner of elections of the county in the 31 35 district involved in the reorganization which has the greatest 32 1 taxable base. The proposed date shall be as soon as possible 32 2 pursuant to section 39.2, subsections 1 and 2, and section 32 3 47.6, subsections 1 and 2, but not later than the third 32 4 Tuesday in January of the calendar year in which the 32 5 reorganization takes effect. The election shall be conducted 32 6 as provided in section 277.3, and nomination petitions shall 32 7 be filed pursuant to section 277.4, except as otherwise 32 8 provided in this subsection. Nomination petitions shall be 32 9 filed with the secretary of the board of the existing school 32 10 district in which the candidate resides, signed by not less32 11than ten eligible electors of the newly formed district, and32 12filednot less than twenty-eight days before the date set for 32 13 the special school election. Theschoolsecretary of the 32 14 board, or the secretary's designee, shall be present in the 32 15 secretary's office until five p.m. on the final day to file 32 16 the nomination papers. The nomination papers shall be 32 17 delivered to the commissioner no later than five p.m. on the 32 18 twenty-seventh day before the election. 32 19 Sec. 66. Section 275.35, Code 2001, is amended to read as 32 20 follows: 32 21 275.35 CHANGE OF METHOD OF ELECTIONS. 32 22 Any existing or hereafter created or enlarged school 32 23 district may change the number of directors to either five or 32 24 seven and may also change its method of election of school 32 25 directors to any method authorized by section 275.12 by 32 26 submission of a proposal, stating the proposed new method of 32 27 electionand describing the boundaries of the proposed32 28director districts if any, by the school board of such 32 29 district to the electors at any regular or special school 32 30 election. The school board shall notify the county 32 31 commissioner of elections who shall publish notice of the 32 32 election in the manner provided in section 49.53. The 32 33 election shall be conducted pursuant to chapters 39 to 53 by 32 34 the county commissioner of elections. Such proposal shall be 32 35 adopted if it is approved by a majority of the votes cast on 33 1 the proposition. 33 2 If the proposal adopted by the voters requires the 33 3 establishment of or change in director district boundaries, 33 4 the school board shall draw the necessary boundaries within 33 5 forty days after the date of the election. The boundaries 33 6 shall be drawn according to the requirements of section 33 7 275.23A. Following adoption by the school board, the plan 33 8 shall be submitted to the state commissioner of elections for 33 9 approval. 33 10 Sec. 67. Section 275.36, Code 2001, is amended to read as 33 11 follows: 33 12 275.36 SUBMISSION OF CHANGE TO ELECTORS. 33 13 If a petition for a change in the number of directors or in 33 14 the method of election of school directors, describing the33 15boundaries of the proposed director districts, if any, signed33 16by eligible electors of the school district equal in number to33 17at least thirty percent of those who voted in the last33 18previous annual school election in the school district, but33 19not less than one hundred persons, and accompanied by33 20affidavit as required by section 275.13 beis filed with the 33 21 school board of a school district, not earlier than six months33 22and not later than sixty-seven days before a regular or33 23special school electionpursuant to the requirements of 33 24 section 278.2, the school board shall submit such proposition 33 25 to the voters at the regular school election or a special 33 26 election held not later than February 1. The petition shall 33 27 be accompanied by an affidavit as required by section 275.13. 33 28 If a proposition for a change in the number of directors or in 33 29 the method of election of school directors submitted to the 33 30 voters under this section is rejected, it shall not be 33 31 resubmitted to the voters of the district in substantially the 33 32 same form within the next three years; if it is approved, no 33 33 other proposal may be submitted to the voters of the district 33 34 under this section within the next six years. 33 35 If the proposal adopted by the voters requires the 34 1 establishment of or a change in director district boundaries 34 2 pursuant to section 275.12, subsection 2, paragraph "b", "c", 34 3 "d", or "e", the school board shall draw the necessary 34 4 boundaries within forty days after the date of the election. 34 5 The boundaries shall be drawn according to the requirements of 34 6 section 275.23A. Following adoption by the school board, the 34 7 plan shall be submitted to the state commissioner of elections 34 8 for approval. The new boundaries shall become effective on 34 9 July 1 following approval. 34 10 Sec. 68. Section 275.37, Code 2001, is amended to read as 34 11 follows: 34 12 275.37 INCREASE IN NUMBER OF DIRECTORS. 34 13 At the next succeeding annual school election in a district 34 14 where the number of directors has been increased from five to 34 15 seven, and directors are elected at large, there shall be 34 16 elected a director to succeed each incumbent director whose 34 17 term is expiring in that year, and two additional directors. 34 18 Upon organizing as required by section 279.1, the newly 34 19 elected director who received the fewest votes in the election 34 20 shall be assigned a term of either one year or two years if 34 21 necessary in order that as nearly as possible one-third of the 34 22 members of the board shall be elected each year. If some or 34 23 all directors are elected from director districts, the board 34 24 shall assign terms appropriate for the method of election used 34 25 by the district. 34 26 Sec. 69. NEW SECTION. 275.37A DECREASE IN NUMBER OF 34 27 DIRECTORS. 34 28 1. A change from seven to five directors shall be effected 34 29 in a district at the first regular school election after 34 30 authorization by the voters in the following manner: 34 31 a. If at the first election in the district there are 34 32 three terms expiring, one director shall be elected. At the 34 33 second election in that district, if two terms are expiring, 34 34 two directors shall be elected. At the third election in that 34 35 district, if there are two terms expiring, two directors shall 35 1 be elected. 35 2 b. If at the first election there are two terms expiring, 35 3 no directors shall be elected. At the second election in that 35 4 district, if two terms are expiring, two directors shall be 35 5 elected. At the third election in that district, if there are 35 6 three terms expiring, three directors shall be elected, two 35 7 for three years and one for one year. The newly elected 35 8 director who received the fewest votes in the election shall 35 9 be assigned a term of one year. 35 10 c. If at the first election there are two terms expiring, 35 11 no directors shall be elected. At the second election in that 35 12 district, if three terms are expiring, three directors shall 35 13 be elected, two for three years and one for two years. The 35 14 newly elected director who received the fewest votes in the 35 15 election shall be assigned a term of two years. At the third 35 16 election in that district, if there are two terms expiring, 35 17 two directors shall be elected. 35 18 2. If some or all of the directors are elected from 35 19 director districts, the board shall devise a plan to reduce 35 20 the number of members so that as nearly as possible one-third 35 21 of the members of the board shall be elected each year and so 35 22 that each district will be continuously represented. 35 23 Sec. 70. Section 275.55, unnumbered paragraph 1, Code 35 24 2001, is amended to read as follows: 35 25 The board of the school district shall call a special 35 26 election to be held not later than forty days following the 35 27 date of the final hearing on the dissolution proposal. The 35 28 special election may be held at the same time as the regular 35 29 school election. The proposition submitted to the voters 35 30 residing in the school district at the special election shall 35 31 describe each separate area to be attached to a contiguous 35 32 school district and shall name the school district to which it 35 33 will be attached. In addition to the description, a map may 35 34 be included in the summary of the question on the ballot. 35 35 Sec. 71. NEW SECTION. 275.57 CHANGING DIRECTOR DISTRICT 36 1 BOUNDARIES FOLLOWING DISSOLUTION. 36 2 1. If a school district accepting attachments of a 36 3 dissolved district is currently divided into director 36 4 districts as provided in section 275.12, subsection 2, 36 5 paragraph "b", "c", "d", or "e", the board of directors of the 36 6 district shall draft a proposal to incorporate the newly 36 7 received territory into existing contiguous director 36 8 districts. If the attached territory is contiguous to more 36 9 than one director district, the board may divide the territory 36 10 and attach it to more than one director district. If 36 11 necessary to comply with the population equality standards 36 12 prescribed in section 275.23A, the board shall redraw the 36 13 boundaries of all director districts according to the 36 14 standards provided in section 275.23A, subsection 1, 36 15 paragraphs "a", "c", and "d". 36 16 2. A public hearing on the proposed changes to director 36 17 districts shall be held no later than May 15 following the 36 18 dissolution. Not less than ten nor more than twenty days 36 19 before the public hearing, the board shall publish notice of 36 20 the time and place of the hearing. 36 21 3. The final plan for the assignment of attached lands and 36 22 any other boundary changes made shall be adopted by resolution 36 23 of the board. The resolution shall contain a legal 36 24 description of the new director district boundaries and a map 36 25 of the director district boundaries changed by the resolution. 36 26 A copy of the resolution shall be filed with the county 36 27 commissioners of elections of each county in which a portion 36 28 of the school district is located. The resolution shall also 36 29 be filed with the state commissioner of elections not later 36 30 than June 15. The boundary changes shall take effect upon 36 31 approval by the state commissioner of elections for the next 36 32 regular school election, but not later than July 1. 36 33 Sec. 72. Section 277.23, Code 2001, is amended to read as 36 34 follows: 36 35 277.23 DIRECTORS – NUMBER – CHANGE. 37 1 In any district including allor partof a city of fifteen 37 2 thousand or more population and in any district in which the 37 3 voters have authorized seven directors, the board shall 37 4 consist of seven members; in all other districts the board 37 5 shall consist of five members. 37 6 A change from five to seven directors shall be effected in 37 7 a district at the first regular election after authorization 37 8 by the voters or when a district becomes wholly or in part 37 9 within a city of fifteen thousand population or more in the 37 10followingmanner: If the term of one director of the five-37 11member board expires at the time of said regular election,37 12three directors shall be elected to serve until the third37 13regular election thereafter; if the terms of two directors37 14expire at the time of said regular election, three directors37 15shall be elected to serve until the third regular election37 16thereafter and one director shall be elected to serve a term37 17the expiration of which coincides with the expiration of the37 18term of the director heretofore singly electeddescribed in 37 19 section 275.37. 37 20 Sec. 73. Section 278.1, subsection 8, Code 2001, is 37 21 amended to read as follows: 37 22 8. Authorize a change in the method of conducting 37 23 elections or in the number of directors as provided in 37 24 sections 275.35 and 275.36. If a proposition submitted to the 37 25 voters under this subsection or subsection 7 is rejected, it 37 26 may not be resubmitted to the voters of the district in 37 27 substantially the same form within the next three years; if it 37 28 is approved, no other proposal may be submitted to the voters 37 29 of the district under this subsection or subsection 7 within 37 30 the next six years. The establishment or abandonment of 37 31 director districts or a change in the boundaries of director 37 32 districts shall be implemented as prescribed in section 37 33 275.37. 37 34 Sec. 74. Section 279.6, unnumbered paragraph 2, Code 2001, 37 35 is amended to read as follows: 38 1However,A vacancy shall be filled at the next regular 38 2 school election if a member of a school board resigns from the 38 3 boardprior to the time for filing nomination papers for38 4office as a school board member, as provided in section 277.4,38 5 not later than forty-five days before the election and the 38 6 notice of resignation specifiesin the resignation that the38 7resignation will bean effectiveon thedate at the beginning 38 8 of the next term of office for elective school officials 38 9begins, the. The president of the board shall declare the 38 10 office vacant as ofthatthe dateand nominationof the next 38 11 organizational meeting. Nomination papers shall be received 38 12 for the unexpired term of the resigning member. The person 38 13 elected at the next regular school election to fill the 38 14 vacancy shall take office at the same time and place as the 38 15 other elected school board members. 38 16 Sec. 75. Section 296.3, Code 2001, is amended to read as 38 17 follows: 38 18 296.3 ELECTION CALLED. 38 19TheWithin ten days of receipt of a petition filed under 38 20 section 296.2, the president of the board of directors, within38 21ten days of receipt of a petition under section 296.2,shall 38 22 call a meeting of the boardwhich shall. The meeting shall be 38 23 held within thirty days after the petition was received. At 38 24 the meeting, the board shall call the election, fixing the 38 25 time of the election, which may be at the time and place of 38 26 holding the regular school election, unless. However, if the 38 27 board determines by unanimous vote that the proposition or 38 28 propositions requested by a petition to be submitted at an 38 29 election are grossly unrealistic or contrary to the needs of 38 30 the school district, no election shall be called. If more 38 31 than one petition has been received by the time the board 38 32 meets to consider the petition triggering the meeting, the 38 33 board shall act upon the petitions in the order they were 38 34 received at the meeting called to consider the initial 38 35 petition. The decision of the board may be appealed to the 39 1 state board of education as provided in chapter 290. The 39 2 president shall notify the county commissioner of elections of 39 3 the time of the election. 39 4 Sec. 76. Section 331.207, subsection 2, Code 2001, is 39 5 amended to read as follows: 39 6 2. The petition shall be filed with theauditorcounty 39 7 commissioner byJanuaryJune 1 ofa general electionan odd- 39 8 numbered year, subject to subsection 5. The special election 39 9 shall be heldat least one hundred days before the primary39 10electionwithin sixty days after the day the petition was 39 11 received. Notice of the special election shall be published 39 12 once each week for three successive weeks in an official 39 13 newspaper of the county, shall state the representation plans 39 14 to be submitted to the electors, and shall state the date of 39 15 the special election which shall be held not less than five 39 16 nor more than twenty days from the date of last publication. 39 17 Sec. 77. Section 331.207, Code 2001, is amended by adding 39 18 the following new subsection: 39 19 NEW SUBSECTION. 4A. If the plan adopted by a plurality of 39 20 the ballots cast in the special election represents a change 39 21 from plan "one" to plan "two" or "three", or from plan "two" 39 22 to plan "three", as each plan is defined in section 331.206, 39 23 the temporary county redistricting commission shall divide the 39 24 county into districts as provided in sections 331.209 and 39 25 331.210. The plan shall be completed not later than September 39 26 15 following the special election and shall be submitted to 39 27 the state commissioner of elections. The plan shall become 39 28 effective January 1. 39 29 Sec. 78. Section 331.651, subsection 1, unnumbered 39 30 paragraph 1, Code 2001, is amended to read as follows: 39 31 The office of sheriff is an elective officeexcept that. 39 32 However, if a vacancy occurs in the office, the first deputy 39 33 shall assume the office after qualifying as provided in this 39 34 sectionand. The first deputy shall hold the office until a 39 35 successor is appointed or elected to the unexpired term as 40 1 provided in chapter 69. If a sheriff is suspended from 40 2 office, the district court may appoint a sheriff until a 40 3 temporary appointment is made by the board as provided in 40 4 section 66.19. 40 5 Sec. 79. Section 336.2, unnumbered paragraphs 3, 4, and 5, 40 6 Code 2001, are amended to read as follows: 40 7 The board of supervisors of each county containing area 40 8 within the proposed district shall submit theproposition40 9 question to the registered voters within their respective 40 10 counties atanythe next generalor primaryelectionprovided40 11said election occurs. The petition shall be filed not less 40 12 thanfortyeighty-two daysafter the filing of the petition40 13 before the election. 40 14 A county library district shall be established, if a 40 15 majority of the electors voting on thepropositionquestion 40 16 and residing outside of cities maintaining a free public 40 17 library favor it. 40 18 The result of the election within cities maintaining a free 40 19 public library shall be considered separately, and no city 40 20 shall be included within the county library district unless a 40 21 majority of its electors, voting on thepropositionquestion, 40 22 favor its inclusion. In such cases the boundaries of an 40 23 established district may vary from those of the proposed 40 24 district. 40 25 Sec. 80. Section 336.16, unnumbered paragraph 4, Code 40 26 2001, is amended to read as follows: 40 27 A county library district may be terminated if a majority 40 28 of the electors of the unincorporated area of the county and 40 29 the cities included in the county library district voting on 40 30 the issue favor the termination. The election shall be held 40 31 upon motion of the board of supervisors and simultaneously 40 32 with aprimary,general,or other county election. If the 40 33 vote favors termination, the termination shall be effective on 40 34 the succeeding July 1. 40 35 Sec. 81. Section 336.18, subsection 2, Code 2001, is 41 1 amended to read as follows: 41 2 2. a. Contracts shall provide for the amount to be 41 3 contributed. They may, by mutual consent of the contracting 41 4 parties, be terminated at any time. They may also be 41 5 terminated by a majority of the voters represented by either 41 6 of the contracting parties, voting ona propositionthe 41 7 question to terminate which shall be submitted by the 41 8 governing body upon a written petition of qualified voters in 41 9 a number not less than five percent of those who voted in the 41 10 area for president of the United States or governor at the 41 11 last general election. 41 12 b. Thepropositionquestion may be submitted at any 41 13 election provided by law which covers the area of the unit 41 14 seeking to terminate the contract. The petition shall be 41 15 presented to the governing body not less thanfortyten days 41 16 before the last day candidates may file nomination petitions 41 17 for the election at which the question is to be submitted. 41 18 Sec. 82. Section 336.18, subsection 4, paragraphs a, b, 41 19 and c, Code 2001, are amended to read as follows: 41 20 a. Qualified electors of that part of any county outside 41 21 of cities in a number of not less than twenty-five percent of 41 22 those in the area who voted for president of the United States 41 23 or governor at the last general election may petition the 41 24 board of supervisors to submit thepropositionquestion of 41 25 requiring the board to provide library service for them and 41 26 their area by contract as provided by this section. 41 27 b. The board of supervisors shall submit theproposition41 28 question to the voters of the county residing outside of 41 29 cities at the next general election, primary or general,41 30provided that the petition has been. The petition shall be 41 31 filed not less thanfortyten daysprior to the date ofbefore 41 32 the last day candidates may file nomination petitions for the 41 33 election at which the question is to be submitted. 41 34 c. If a majority of those voting upon theproposition41 35 question favors it, the board of supervisors shall within 42 1 thirty days appoint a board of library trustees from residents 42 2 of the petitioning area. Vacancies shall be filled by the 42 3 board. 42 4 Sec. 83. Section 346.27, subsection 10, Code 2001, is 42 5 amended to read as follows: 42 6 10. After the incorporation of an authority, and before 42 7 the sale of any issue of revenue bonds, except refunding 42 8 bonds, the authority shallsubmit in a single countywidecall 42 9 an election tothe registered voters of the city and county,42 10at a general, primary, or special election called for that42 11purpose,decide the question of whetheranthe authority shall 42 12 issue and sell revenue bonds, stating. The ballot shall state 42 13 the amount, for anyof the bonds and the purposes for whichit42 14 the authority is incorporated. Registered voters of the city 42 15 and the unincorporated area of the county shall be entitled to 42 16 vote on the question. The question may be submitted at a 42 17 general election or at a special election. An affirmative 42 18 vote of a majority of the votes cast on theproposition42 19 question is required to authorize the issuance and sale of 42 20 revenue bonds. 42 21 PARAGRAPH DIVIDED.AIn addition to the notice required by 42 22 section 49.53, a notice of the election shall be published 42 23 once each week for at least two weeks in some newspaper 42 24 published in the county stating the date of the election, the 42 25 hours the polls will be open, and a copy of the question.The42 26notice shall name the time when the question shall be42 27submitted, and a copy of the question to be submitted shall be42 28posted at each polling place during the day of election.The 42 29 authority shall call this election with the concurrence of 42 30 both incorporating units, and it shall establish the voting42 31precincts and polling places, and appoint the election judges,42 32and in so doing such election procedures shall be. The 42 33 election shall be conducted by the commissioner in accordance 42 34 with the provisions of chapters 49 and 50. 42 35 Sec. 84. Section 346.27, subsection 25, Code 2001, is 43 1 amended to read as follows: 43 2 25. When all bonds issued by an authority have been 43 3 retired, the authority may convey the title to the property 43 4 owned by the authority to the incorporating units in 43 5 accordance with the provisionsthereforcontained in the 43 6 articles of incorporation, or, if none,. If no articles of 43 7 incorporation exist, the conveyance may be made in accordance 43 8 with any agreement adopted by the respective governing bodies 43 9 of the incorporating units, and the authority. 43 10 PARAGRAPH DIVIDED. Thepropositionquestion of whether a 43 11 conveyance shall be made shall be submitted to thelegal43 12 registered voters of the city and the unincorporated area of 43 13 the county, utilizing the election procedures provided for43 14bond issues, and an. An affirmative vote equal to at least a 43 15 majority of the total votes cast on thepropositionquestion 43 16 shall be required to authorize the conveyance. If the 43 17propositionquestion does not carry, the authority shall 43 18 continue to operate, maintain, and manage the building under a 43 19 lease arrangement with the incorporating units. 43 20 Sec. 85. Section 359.17, Code 2001, is amended to read as 43 21 follows: 43 22 359.17 TRUSTEES – DUTIES – MEETINGS. 43 23 The board of township trustees in each township shall 43 24 consist of threequalified electorsregistered voters of the 43 25 township. However, in townships with a taxable valuation for 43 26 property tax purposes of two hundred fifty million dollars or 43 27 more, the board of township trustees shall consist of five 43 28 registered voters of the township. The trustees shall act as 43 29 fence viewers and shall perform other duties assigned them by 43 30 law. The board of trustees shall meet not less than two times 43 31 a year. At least one of the meetings shall be scheduled to 43 32 meet the requirements of section 359.49. 43 33 Sec. 86. Section 372.9, subsection 2, Code 2001, is 43 34 amended to read as follows: 43 35 2. When a charter is filed, the council and mayor shall 44 1 notify the county commissioner of elections to publish notice 44 2 containing the full text of the proposed home rule charter, a 44 3 description of any other form of government being presented to 44 4 the voters, and the date of the election, and to conduct the 44 5 election. The notice shall be published at least twice in the 44 6 manner provided in section 362.3, except that the publications 44 7 must occur within sixty days of the filing of the home rule 44 8 charter, with a two-week interval between each publication. 44 9 The council shall provide copies of a proposed charter for 44 10 public distribution by the city clerk. 44 11 Sec. 87. Section 372.13, subsection 2, paragraph b, Code 44 12 2001, is amended to read as follows: 44 13 b. By a special election held to fill the office for the 44 14 remaining balance of the unexpired term. If the council opts 44 15 for a special election or a valid petition is filed under 44 16 paragraph "a", the special election may be held concurrently 44 17 with any pending election as provided by section 69.12 if by 44 18 so doing the vacancy will be filled not more than ninety days 44 19 after it occurs. Otherwise, a special election to fill the 44 20 office shall be called at the earliest practicable date. If 44 21 there are concurrent vacancies on the council and the 44 22 remaining council members do not constitute a quorum of the 44 23 full membership, a special election shall be called at the 44 24 earliest practicable date. The council shall give the county 44 25 commissioner at least sixty days' written notice of the date 44 26 chosen for the special election. The council of a city where 44 27 a primary election may be required shall give the county 44 28 commissioner at least eighty-five days' written notice of the 44 29 date chosen for the special election. A special election held 44 30 under this subsection is subject to sections 376.4 through 44 31 376.11, but the dates for actions in relation to the special 44 32 election shall be calculated with regard to the date for which 44 33 the special election is called. 44 34 Sec. 88. Section 376.2, unnumbered paragraph 2, Code 2001, 44 35 is amended to read as follows: 45 1 Except as otherwise provided by state law or the city 45 2 charter, terms for elective offices are two years. However, 45 3 the term of an elective office may be changed to two or four 45 4 years by petition and election. Upon receipt of a valid 45 5 petition as defined in section 362.4, requesting that the term 45 6 of an elective office be changed, the council shall submit the 45 7 question at a special city election to be held within sixty 45 8 days after the petition is received. The special election 45 9 shall be held more than ninety days before the regular city 45 10 election if the change shall go into effect at the next 45 11 regular city election. If a majority of the persons voting at 45 12 the special election approves the changed term, it becomes 45 13 effective at the beginning of the term following the next 45 14 regular city election. If a majority does not approve the 45 15 changed term, the council shall not submit the same proposal 45 16 to the voters within the next four years. 45 17 Sec. 89. Section 376.6, unnumbered paragraph 2, Code 2001, 45 18 is amended to read as follows: 45 19 Each city clerk shall certify to the commissioner of 45 20 elections responsible under section 47.2 for conducting 45 21 elections for that city the type of nomination process to be 45 22 used for the city no later thanseventy-sevenninety days 45 23 before the date of the regular city election. If the city has 45 24 by ordinance chosen a runoff election or has chosen to have 45 25 nominations made in the manner provided by chapter 44 or 45, 45 26 or has repealed nomination provisions under those sections in 45 27 preference for the primary election method, a copy of the city 45 28 ordinance shall be attached. No changes in the method of 45 29 nomination to be used in a city shall be made after the clerk 45 30 has filed the certification with the commissioner, unless the 45 31 change will not take effect until after the next regular city 45 32 election. 45 33 Sec. 90. Section 422A.1, unnumbered paragraph 3, Code 45 34 2001, is amended to read as follows: 45 35 A city or county shall impose a hotel and motel tax or 46 1 increase the tax rate, only after an election at which a 46 2 majority of those voting on the question favors imposition or 46 3 increase. However, a hotel and motel tax shall not be 46 4 repealed or reduced in rate if obligations are outstanding 46 5 which are payable as provided in section 422A.2, unless funds 46 6 sufficient to pay the principal, interest, and premium, if 46 7 any, on the outstanding obligations at and prior to maturity 46 8 have been properly set aside and pledged for that purpose. 46 9 The election shall be held at the time ofthat city'sthe 46 10 regular city election or the county's general election or at 46 11 the time of a special election. 46 12 Sec. 91. Section 422E.2, subsection 4, paragraph b, 46 13 unnumbered paragraph 1, Code 2001, is amended by striking the 46 14 unnumbered paragraph and inserting in lieu thereof the 46 15 following: 46 16 Within ten days of the election at which a majority of 46 17 those voting on the question favors the imposition, repeal, or 46 18 change in the rate of the tax, the county auditor shall give 46 19 written notice by sending a copy of the abstract of the votes 46 20 from the favorable election to the director of revenue and 46 21 finance of the result of the election. Election costs shall 46 22 be apportioned among school districts within the county on a 46 23 pro rata basis in proportion to the number of registered 46 24 voters in each school district who reside within the county 46 25 and the total number of registered voters within the county. 46 26 Sec. 92. Sections 62.5 and 62.8, Code 2001, are repealed. 46 27 Sec. 93. EFFECTIVE AND APPLICABILITY DATES. The sections 46 28 of this Act amending Code section 43.14 and enacting Code 46 29 sections 45.5 and 45.6 take effect January 1, 2002, and apply 46 30 to elections held on or after that date. 46 31 HF 403 46 32 sc/es/25
Text: HF00402 Text: HF00404 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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