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House File 2472

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2472
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE OFFICE OF SECRETARY OF STATE AND THE CONDUCT
  1  5    OF ELECTIONS AND OF VOTER REGISTRATION IN THE STATE AND
  1  6    INCLUDING EFFECTIVE AND APPLICABILITY DATE PROVISIONS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 39.2, subsection 1, unnumbered
  1 11 paragraph 2, Code 2001, is amended to read as follows:
  1 12    A special election shall not be held in conjunction with
  1 13 the primary election.  A special election shall not be held in
  1 14 conjunction with a school election unless the special election
  1 15 is for a school district or community college.  A special
  1 16 election shall not be held in conjunction with a regularly
  1 17 scheduled or special city primary or city runoff election.
  1 18    Sec. 2.  Section 39.3, Code 2001, is amended by adding the
  1 19 following new subsection:
  1 20    NEW SUBSECTION.  17.  "Written" and "in writing" may
  1 21 include any mode of representing words or letters in general
  1 22 use.  A signature, when required by law, must be made by the
  1 23 writing or markings of the person whose signature is required.
  1 24 If a person is unable due to a physical disability to make a
  1 25 written signature or mark, that person may substitute either
  1 26 of the following in lieu of a signature required by law:
  1 27    a.  The name of the person with a disability written by
  1 28 another upon the request and in the presence of the person
  1 29 with a disability.
  1 30    b.  A rubber stamp reproduction of the name or facsimile of
  1 31 the actual signature of the person with a disability when
  1 32 adopted by that person for all purposes requiring a signature
  1 33 and then only when affixed by that person or another upon the
  1 34 request and in the presence of the person with a disability.
  1 35    Sec. 3.  NEW SECTION.  39.26  CANDIDATE QUALIFICATIONS.
  2  1    Any person seeking election to an elective office under the
  2  2 laws of this state shall be an eligible elector at the time of
  2  3 any election at which the person's name appears on the ballot.
  2  4    Sec. 4.  NEW SECTION.  39.27  QUALIFICATIONS FOR PUBLIC
  2  5 OFFICE.
  2  6    Any person elected to an office under the laws of this
  2  7 state shall be an eligible elector.  At the time an elected
  2  8 official takes office the official shall be a resident of the
  2  9 state, district, county, township, city, or ward by or for
  2 10 which the person was elected, or in which the duties of the
  2 11 office are to be exercised.  An elected official shall
  2 12 continue to be a resident of the state, district, county,
  2 13 township, city, or ward by or for which the person was
  2 14 elected, or in which the duties of the office are to be
  2 15 exercised for the duration of the term of office.  This
  2 16 section shall not apply to United States senators or
  2 17 representatives in Congress or to members of the general
  2 18 assembly.
  2 19    Sec. 5.  Section 43.14, Code 2001, is amended by striking
  2 20 the section and inserting in lieu thereof the following:
  2 21    43.14  FORM OF NOMINATION PAPERS.
  2 22    1.  Nomination papers shall include a petition and an
  2 23 affidavit of candidacy.  All nomination petitions shall be
  2 24 eight and one-half by eleven inches in size and in
  2 25 substantially the form prescribed by the state commissioner of
  2 26 elections.  They shall include or provide spaces for the
  2 27 following information:
  2 28    a.  A statement identifying the signers of the petition as
  2 29 eligible electors of the appropriate county or legislative
  2 30 district and of the state.
  2 31    b.  The name of the candidate nominated by the petition.
  2 32    c.  For nomination petitions for candidates for the general
  2 33 assembly, a statement that the residence of the candidate is
  2 34 within the appropriate legislative district, or if that is not
  2 35 true that the candidate will reside there within sixty days
  3  1 before the election.  For other offices, a statement of the
  3  2 name of the county where the candidate resides.
  3  3    d.  The political party with which the candidate is a
  3  4 registered voter.
  3  5    e.  The office sought by the candidate, including the
  3  6 district number, if any.
  3  7    f.  The date of the primary election for which the
  3  8 candidate is nominated.
  3  9    Signatures on a petition page shall be counted only if the
  3 10 required information is written or printed at the top of the
  3 11 page.  Nomination papers on behalf of candidates for seats in
  3 12 the general assembly need only designate the number of the
  3 13 senatorial or representative district, as appropriate, and not
  3 14 the county or counties, in which the candidate and the
  3 15 petitioners reside.  A signature line shall not be counted if
  3 16 the line lacks the signature of the eligible elector and the
  3 17 signer's address and city.  The person examining the petition
  3 18 shall mark any deficiencies on the petition and affidavit.
  3 19    2.  Signed nomination petitions and the signed and
  3 20 notarized affidavit of candidacy shall not be altered to
  3 21 correct deficiencies noted during examination.  If the
  3 22 nomination petition lacks a sufficient number of acceptable
  3 23 signatures, the nomination petition shall be rejected and
  3 24 shall be returned to the candidate.
  3 25    The nomination papers shall be rejected if the affidavit
  3 26 lacks any of the following:
  3 27    a.  The candidate's name.
  3 28    b.  The name of the office sought, including the district,
  3 29 if any.
  3 30    c.  The political party name.
  3 31    d.  The signature of the candidate.
  3 32    e.  The signature of a notary public or other officer
  3 33 empowered to witness oaths.
  3 34    The candidate may replace a deficient affidavit with a
  3 35 corrected affidavit only if the replacement affidavit is filed
  4  1 before the filing deadline.  The candidate may resubmit a
  4  2 nomination petition that has been rejected by adding a
  4  3 sufficient number of pages or signatures to correct the
  4  4 deficiency.  A nomination petition and affidavit filed to
  4  5 replace rejected nomination papers shall be filed together
  4  6 before the deadline for filing.
  4  7    Sec. 6.  Section 43.15, subsection 4, Code 2001, is amended
  4  8 to read as follows:
  4  9    4.  When more than one sheet is used, the sheets shall be
  4 10 neatly arranged and securely fastened together before filing,
  4 11 and shall be considered one nomination paper petition.
  4 12    Sec. 7.  Section 43.24, subsection 1, paragraph d, Code
  4 13 2001, is amended to read as follows:
  4 14    d.  Those filed with the city clerk under this chapter, at
  4 15 least thirty-six days before the municipal city primary
  4 16 election.
  4 17    Sec. 8.  Section 43.27, Code 2001, is amended to read as
  4 18 follows:
  4 19    43.27  PRINTING OF BALLOTS.
  4 20    The ballots of each political party shall be printed in
  4 21 black ink, on separate sheets of paper, uniform in color,
  4 22 quality, texture, and size, with the name of the political
  4 23 party printed at the head of said ballots, which ballots shall
  4 24 be prepared by the commissioner in the same manner as for the
  4 25 general election, except as in this chapter provided.  The
  4 26 commissioner may print the ballots for each political party
  4 27 using a different color for each party.  If colored paper is
  4 28 used, all of the ballots for each separate party shall be
  4 29 uniform in color.
  4 30    Sec. 9.  Section 43.45, Code 2001, is amended by striking
  4 31 the section and inserting in lieu thereof the following:
  4 32    43.45  CANVASS OF VOTES.
  4 33    1.  Upon the closing of the polls the precinct election
  4 34 officials shall immediately publicly canvass the vote.  The
  4 35 canvass shall be conducted using the procedures established in
  5  1 subsection 2 or 3, whichever is appropriate for the voting
  5  2 system used in the precinct.
  5  3    2.  In precincts where paper ballots are used, precinct
  5  4 election officials shall do all of the following:
  5  5    a.  Place the ballots of the several political parties in
  5  6 separate piles.
  5  7    b.  Separately count the ballots of each party, and make
  5  8 the correct entries thereof on the tally sheets.
  5  9    c.  Certify to the number of votes cast upon the ticket of
  5 10 each political party for each candidate for each office.
  5 11    d.  Place the ballots cast on behalf of each of the parties
  5 12 in separate envelopes.  Seal each envelope and place the
  5 13 signature of all board members of the precinct across the seal
  5 14 of the envelope so that it cannot be opened without breaking
  5 15 the seal.
  5 16    e.  On the outside of each envelope enter the number of
  5 17 ballots cast by each party in the precinct and contained in
  5 18 the envelope.
  5 19    f.  Seal the tally sheets and certificates of the precinct
  5 20 election officials in an envelope on the outside of which are
  5 21 written or printed the names of the several political parties
  5 22 with the names of the candidates for the different offices
  5 23 under their party name, and opposite each candidate's name
  5 24 enter the number of votes cast for such candidate in the
  5 25 precinct.
  5 26    g.  Enter on the envelope the total number of voters of
  5 27 each party who cast ballots in the precinct.
  5 28    h.  Communicate the results in the manner required by
  5 29 section 50.11, to the commissioner of the county in which the
  5 30 polls are located, who shall remain on duty until the results
  5 31 are communicated to the commissioner from each polling place
  5 32 in the county.
  5 33    3.  In precincts where voting machines are used, precinct
  5 34 election officials shall do all of the following:
  5 35    a.  Close the machines to prevent additional voting, and
  6  1 print the results for the precinct.
  6  2    b.  Tabulate all write-in votes.  If necessary, add the
  6  3 votes, including write-in votes, from all machines to obtain
  6  4 the total number of votes cast in the precinct by the members
  6  5 of each political party for each office on the ballot.
  6  6    c.  Put any forms used by voters to cast write-in votes in
  6  7 an envelope with one copy of the printed results from each
  6  8 voting machine.  Seal the envelope and place the signature of
  6  9 all board members of the precinct across the seal of the
  6 10 envelope so that it cannot be opened without breaking the
  6 11 seal.
  6 12    d.  On the outside of the envelope enter the number of
  6 13 voters from each party in the precinct.  Report the number of
  6 14 votes cast for each office by the voters of each political
  6 15 party.  A copy of the printed tape from the voting machine may
  6 16 be used to report vote totals.
  6 17    e.  Communicate the results to the commissioner in the
  6 18 manner required by section 50.11.  The commissioner shall
  6 19 remain on duty until the results are communicated to the
  6 20 commissioner from each polling place in the county.
  6 21    4.  In precincts where electronic voting systems are used
  6 22 and ballots are counted in the precinct, precinct election
  6 23 officials shall do all of the following:
  6 24    a.  Close and secure the ballot reader to prevent the
  6 25 insertion of additional ballots.
  6 26    b.  Print the results for the precinct.
  6 27    c.  Open the ballot container.  Secure all ballots counted
  6 28 by the vote-tabulating device.  Sort the remaining ballots by
  6 29 party.  Tally all write-in votes and any other ballots not yet
  6 30 counted.  Record the results in the tally list.
  6 31    d.  Put all ballots in an envelope or other package and
  6 32 seal it.  All members of the board shall sign their names
  6 33 across the seal of the envelope.  The seal shall be placed so
  6 34 that the envelope or package cannot be opened without breaking
  6 35 the seal.
  7  1    5.  In precincts where electronic voting systems are used
  7  2 and ballots are counted at a central location, precinct
  7  3 election officials shall follow the procedures in section
  7  4 52.32.
  7  5    Sec. 10.  Section 43.48, Code 2001, is amended to read as
  7  6 follows:
  7  7    43.48  ELECTOR MAY ASCERTAIN VOTE CAST.
  7  8    Any elector of the county shall have the right, before the
  7  9 day fixed for canvassing the returns, to ascertain the vote
  7 10 cast for any candidate in any precinct in the county, as shown
  7 11 on the outside of the envelope containing the tally list or on
  7 12 printed reports from voting machines or electronic voting
  7 13 systems.
  7 14    Sec. 11.  Section 43.114, Code 2001, is amended to read as
  7 15 follows:
  7 16    43.114  TIME OF HOLDING SPECIAL CHARTER CITY PRIMARY.
  7 17    In special charter cities holding a municipal city primary
  7 18 election under the provisions of section 43.112 such primary
  7 19 shall be held on the first Tuesday in October of the year in
  7 20 which general municipal regular city elections are held.
  7 21    Sec. 12.  Section 43.118, Code 2001, is amended to read as
  7 22 follows:
  7 23    43.118  EXPENSE.
  7 24    The entire expense of conducting said municipal the city
  7 25 primary election and preparation of election registers shall
  7 26 be audited by the city council and paid by the city.
  7 27    Sec. 13.  Section 44.4, unnumbered paragraph 1, Code 2001,
  7 28 is amended to read as follows:
  7 29    Nominations made pursuant to this chapter and chapter 45
  7 30 which are required to be filed in the office of the state
  7 31 commissioner shall be filed in that office not more than
  7 32 ninety-nine days nor later than five p.m. on the eighty-first
  7 33 day before the date of the general election to be held in
  7 34 November.  Nominations made for a special election called
  7 35 pursuant to section 69.14 shall be filed by five p.m. not less
  8  1 than twenty-five days before the date of an election called
  8  2 upon at least forty days' notice and not less than fourteen
  8  3 days before the date of an election called upon at least
  8  4 eighteen days' notice.  Nominations made for a special
  8  5 election called pursuant to section 69.14A shall be filed by
  8  6 five p.m. not less than twenty twenty-five days before the
  8  7 date of the election.  Nominations made pursuant to this
  8  8 chapter and chapter 45 which are required to be filed in the
  8  9 office of the commissioner shall be filed in that office not
  8 10 more than ninety-two days nor later than five p.m. on the
  8 11 sixty-ninth day before the date of the general election.
  8 12 Nominations made pursuant to this chapter or chapter 45 for
  8 13 city office shall be filed not more than seventy-two days nor
  8 14 later than five p.m. on the forty-seventh day before the city
  8 15 election with the city clerk, who shall process them as
  8 16 provided by law.
  8 17    Sec. 14.  Section 45.3, unnumbered paragraph 1, Code
  8 18 Supplement 2001, is amended by striking the unnumbered
  8 19 paragraph.
  8 20    Sec. 15.  NEW SECTION.  45.5  FORM OF NOMINATION PAPERS.
  8 21    Nomination papers shall include a petition and an affidavit
  8 22 of candidacy.  All nomination petitions shall be eight and
  8 23 one-half by eleven inches in size and shall be in
  8 24 substantially the form prescribed by the state commissioner of
  8 25 elections.  They shall provide spaces for the following
  8 26 information:
  8 27    1.  A statement identifying the signers of the petition as
  8 28 eligible electors of the appropriate county or legislative
  8 29 district and of the state of Iowa.
  8 30    2.  The name of the candidate nominated by the petition.
  8 31    3.  A statement that the candidate is a resident of the
  8 32 appropriate ward, city, county, school district, or
  8 33 legislative or other district as required by section 45.1.
  8 34    4.  The office sought by the candidate, including the
  8 35 district number, if any.
  9  1    5.  The name and date of the election for which the
  9  2 candidate is nominated.
  9  3    Signatures on a petition page shall be counted only if the
  9  4 required information is written or printed at the top of the
  9  5 page.  Nomination papers on behalf of candidates for seats in
  9  6 the general assembly need only designate the number of the
  9  7 senatorial or representative district, as appropriate, and not
  9  8 the county or counties, in which the candidate and the
  9  9 petitioners reside.  Signature lines on the nomination
  9 10 petitions shall not be counted if the line lacks the signature
  9 11 of the eligible elector and the signer's address and city.
  9 12 The person examining the petition shall mark any deficiencies
  9 13 on the petition.
  9 14    The pages of the petition shall be securely fastened
  9 15 together to form a single bundle.  Nomination petitions that
  9 16 are not bound shall be returned without further examination.
  9 17 The state commissioner shall prescribe by rule the acceptable
  9 18 methods for binding nomination petitions.
  9 19    Signed nomination petitions and the signed and notarized
  9 20 affidavit of candidacy shall not be altered to correct
  9 21 deficiencies noted during the examination.  If the nomination
  9 22 petition lacks a sufficient number of acceptable signatures,
  9 23 the nomination papers shall be rejected and returned to the
  9 24 candidate.
  9 25    The nomination papers shall be rejected if the affidavit
  9 26 lacks any of the following:
  9 27    a.  The candidate's name.
  9 28    b.  The name of the office sought, including the district,
  9 29 if any.
  9 30    c.  The signature of the candidate.
  9 31    d.  The signature of a notary public or other officer
  9 32 empowered to witness oaths.
  9 33    The candidate may replace a deficient affidavit with a
  9 34 corrected one only if the replacement is filed before the
  9 35 filing deadline.  The candidate may resubmit a nomination
 10  1 petition that has been rejected by adding a sufficient number
 10  2 of pages or signatures to correct the deficiency.  A
 10  3 nomination petition and affidavit filed to replace rejected
 10  4 nomination papers shall be filed together before the deadline
 10  5 for filing.
 10  6    Sec. 16.  NEW SECTION.  45.6  REQUIREMENTS IN SIGNING.
 10  7    The following requirements shall be observed in the signing
 10  8 and preparation of nomination petitions:
 10  9    1.  A signer may sign nomination petitions for more than
 10 10 one candidate for the same office, and the signature is not
 10 11 invalid solely because the signer signed nomination petitions
 10 12 for one or more other candidates for the office.
 10 13    2.  Each signer shall add the signer's residence, with
 10 14 street and number.
 10 15    3.  All signers, for all nominations, of each separate part
 10 16 of a nomination petition, shall reside in the appropriate
 10 17 ward, city, county, school district, or legislative or other
 10 18 district as required by section 45.1.
 10 19    4.  When more than one sheet is used, the sheets shall be
 10 20 neatly arranged and securely fastened together before filing,
 10 21 and shall be considered one nomination petition.  Nomination
 10 22 petitions which are not securely fastened together shall be
 10 23 returned to the candidate or the candidate's designee without
 10 24 examination.  The state commissioner shall prescribe by rule
 10 25 the acceptable methods for binding nomination petitions.
 10 26    5.  Only one candidate shall be petitioned for or nominated
 10 27 in the same nomination petition, except for the offices of
 10 28 governor and lieutenant governor, and president and vice
 10 29 president.
 10 30    Sec. 17.  Section 48A.2, subsection 3, Code 2001, is
 10 31 amended to read as follows:
 10 32    3.  "Person who is mentally incompetent to vote" means a
 10 33 person described in section 222.2, subsection 4, who has been
 10 34 found to lack the mental capacity to vote in a proceeding held
 10 35 pursuant to section 222.31 or 633.556.
 11  1    Sec. 18.  Section 48A.6, subsection 2, Code 2001, is
 11  2 amended to read as follows:
 11  3    2.  A person who is mentally incompetent to vote.
 11  4 Certification by the clerk of the district court that any such
 11  5 person has been found no longer incompetent by a court shall
 11  6 qualify such person to again be an elector, subject to the
 11  7 other provisions of this chapter.
 11  8    Sec. 19.  Section 48A.9, subsection 2, Code 2001, is
 11  9 amended to read as follows:
 11 10    2.  The commissioner's office shall be open from eight a.m.
 11 11 until at least five p.m. on the day registration closes before
 11 12 each regularly scheduled election.  However, if the last day
 11 13 to register to vote for a regularly scheduled election falls
 11 14 on the day after Thanksgiving, the deadline shall be the
 11 15 following Monday.
 11 16    Sec. 20.  Section 48A.10, Code 2001, is amended to read as
 11 17 follows:
 11 18    48A.10  REGISTRATION REQUIRED.
 11 19    If a registered voter moves to a different county, the
 11 20 person shall submit a completed voter registration form to the
 11 21 commissioner in order to be qualified to vote in that county.
 11 22 An otherwise eligible elector whose right to vote has been
 11 23 restored pursuant to chapter 914 or who has been found not to
 11 24 be a person who is mentally incompetent to vote may register
 11 25 to vote.
 11 26    Sec. 21.  Section 48A.11, Code 2001, is amended by adding
 11 27 the following new subsection:
 11 28    NEW SUBSECTION.  6.  A person who has been designated to
 11 29 have power of attorney by a registrant does not have authority
 11 30 to sign a voter registration form, except as otherwise
 11 31 provided in section 39.3, subsection 17.
 11 32    Sec. 22.  Section 48A.14, subsection 1, paragraph f, Code
 11 33 2001, is amended to read as follows:
 11 34    f.  The challenged registrant has been adjudged by a court
 11 35 of law to be a person who is mentally incompetent to vote and
 12  1 no subsequent proceeding has reversed that finding.
 12  2    Sec. 23.  Section 48A.27, subsection 3, paragraph a, Code
 12  3 2001, is amended to read as follows:
 12  4    a.  Annexation of territory by a city.  When an existing
 12  5 city annexes territory, the city clerk shall furnish the
 12  6 commissioner a detailed map of the annexed territory.  If a
 12  7 city is divided into wards for voting purposes, the detailed
 12  8 map shall show the ward designations for the annexed
 12  9 territory.  The commissioner shall change the registration of
 12 10 persons residing in that territory to reflect the annexation
 12 11 and the city precinct to which each of those persons is
 12 12 assigned.  If the commissioner cannot determine the names and
 12 13 addresses of the persons affected by the annexation, the
 12 14 commissioner shall send each person who may be involved a
 12 15 letter informing the person that the person's registration may
 12 16 be in error, and requesting that each person provide the
 12 17 commissioner with the information necessary to correct the
 12 18 registration records.
 12 19    Sec. 24.  Section 48A.27, subsection 4, paragraph c,
 12 20 unnumbered paragraph 2, Code 2001, is amended to read as
 12 21 follows:
 12 22    The notice shall be sent by forwardable mail, and shall
 12 23 include a postage paid preaddressed return card on which the
 12 24 registered voter may state the registered voter's current
 12 25 address.  The notice shall contain a statement in
 12 26 substantially the following form:  "Information received from
 12 27 the United States postal service indicates that you are no
 12 28 longer a resident of, and therefore not eligible to vote in
 12 29 (name of county) County, Iowa.  If this information is not
 12 30 correct, and you still live in (name of county) County, please
 12 31 complete and mail the attached postage paid card at least ten
 12 32 days before the primary or general election and at least
 12 33 eleven days before any other election at which you wish to
 12 34 vote.  If the information is correct and you have moved,
 12 35 please contact a local official in your new area for
 13  1 assistance in registering there.  If you do not mail in the
 13  2 card, you may be required to show identification proving your
 13  3 residence in (name of county) County before being allowed to
 13  4 vote in (name of county) County.  If you do not return the
 13  5 card, and you do not vote in an election in (name of county)
 13  6 County, Iowa, on or before (date of second general election
 13  7 following the date of the notice) your name will be removed
 13  8 from the list of voters in that county.  To ensure you receive
 13  9 this notice, it is being sent to both your most recent
 13 10 registration address and to your new address as reported by
 13 11 the postal service."
 13 12    Sec. 25.  Section 48A.28, subsection 3, unnumbered
 13 13 paragraph 2, Code 2001, is amended to read as follows:
 13 14    The form and language of the confirmation notice and return
 13 15 card shall be specified by the state voter registration
 13 16 commission by rule.
 13 17    Sec. 26.  Section 48A.29, subsection 3, unnumbered
 13 18 paragraph 2, Code 2001, is amended to read as follows:
 13 19    The notice shall be sent by forwardable mail, and shall
 13 20 include a postage paid preaddressed return card on which the
 13 21 registered voter may state the registered voter's current
 13 22 address.  The notice shall contain a statement in
 13 23 substantially the following form:  "Information received by
 13 24 this office indicates that you are no longer a resident of
 13 25 (residence address) in (name of county) County, Iowa.  If the
 13 26 information is not correct, and you still live at that
 13 27 address, please complete and mail the attached postage paid
 13 28 card at least ten days before the primary or general election
 13 29 and at least eleven days before any other election at which
 13 30 you wish to vote.  If the information is correct, and you have
 13 31 moved within the county, you may update your registration by
 13 32 listing your new address on the card and mailing it back.  If
 13 33 you have moved outside the county, please contact a local
 13 34 official in your new area for assistance in registering there.
 13 35 If you do not mail in the card, you may be required to show
 14  1 identification proving your residence in (name of county)
 14  2 County before being allowed to vote in (name of county)
 14  3 County.  If you do not return the card, and you do not vote in
 14  4 some election in (name of county) County, Iowa, on or before
 14  5 (date of second general election following the date of the
 14  6 notice) your name will be removed from the list of registered
 14  7 voters in that county."
 14  8    Sec. 27.  Section 48A.30, subsection 1, paragraph a,  Code
 14  9 2001, is amended to read as follows:
 14 10    a.  The registered voter dies.  For the purposes of this
 14 11 subsection, the commissioner may accept as evidence of death a
 14 12 notice from the state registrar of vital statistics forwarded
 14 13 by the state registrar of voters, a written statement from a
 14 14 member of the registered voter's household, an obituary in a
 14 15 newspaper, a written statement from an election official, or a
 14 16 notice from the clerk of the district court in county recorder
 14 17 of the county where the registered voter died.
 14 18    Sec. 28.  Section 48A.30, subsection 1, paragraph e, Code
 14 19 2001, is amended to read as follows:
 14 20    e.  The clerk of the district court or the state registrar
 14 21 sends notice that the registered voter has been declared a
 14 22 person who is mentally incompetent to vote under state law.
 14 23    Sec. 29.  Section 48A.38, subsection 1, Code 2001, is
 14 24 amended by adding the following new paragraph:
 14 25    NEW PARAGRAPH.  f.  The county commissioner of registration
 14 26 and the state registrar of voters shall remove a voter's
 14 27 social security number from a voter registration list prepared
 14 28 pursuant to this section.
 14 29    Sec. 30.  Section 49.21, Code 2001, is amended by adding
 14 30 the following new unnumbered paragraph:
 14 31    NEW UNNUMBERED PARAGRAPH.  The commissioner shall post a
 14 32 sign at the entrance to the polling place indicating the
 14 33 election precinct number or name, and displaying a street map
 14 34 showing the boundaries of the precinct.
 14 35    Sec. 31.  Section 49.30, subsection 1, Code 2001, is
 15  1 amended to read as follows:
 15  2    1.  Where special paper ballots are used, if it is not
 15  3 possible to include all offices and public measures on a
 15  4 single ballot, separate ballots may be provided for township
 15  5 offices, nonpartisan offices, judges, or public measures.
 15  6    Sec. 32.  Section 49.31, subsection 2, Code 2001, is
 15  7 amended by adding the following new unnumbered paragraph:
 15  8    NEW UNNUMBERED PARAGRAPH.  On the general election ballot
 15  9 the names of candidates for the nonpartisan offices listed in
 15 10 section 39.21 shall be arranged by drawing lots for position.
 15 11 The board of supervisors shall hold the drawing at its first
 15 12 meeting following the deadline for receipt of objections and
 15 13 withdrawals by candidates for the general election.
 15 14    Sec. 33.  Section 49.53, unnumbered paragraph 1, Code 2001,
 15 15 is amended to read as follows:
 15 16    The commissioner shall not less than four nor more than
 15 17 twenty days before the day of each election, except those for
 15 18 which different publication requirements are prescribed by
 15 19 law, publish notice of the election.  The notice shall contain
 15 20 a facsimile of the portion of the ballot containing the first
 15 21 rotation as prescribed by section 49.31, subsection 2, and
 15 22 shall show the names of all candidates or nominees and the
 15 23 office each seeks, and all public questions, to be voted upon
 15 24 at the election.  The sample ballot published as a part of the
 15 25 notice may at the discretion of the commissioner be reduced in
 15 26 size relative to the actual ballot but such reduction shall
 15 27 not cause upper case letters appearing in candidates' names or
 15 28 in summaries of public measures on the published sample ballot
 15 29 to be less than five thirty-sixths of an inch high in
 15 30 candidates' names or in summaries of public measures ninety
 15 31 percent of the size of such upper case letters appearing on
 15 32 the actual ballot.  The notice shall also state the date of
 15 33 the election, the hours the polls will be open, the location
 15 34 of each polling place at which voting is to occur in the
 15 35 election, the location of the polling places designated as
 16  1 early ballot pick-up sites, and the names of the precincts
 16  2 voting at each polling place, but the statement need not set
 16  3 forth any fact which is apparent from the portion of the
 16  4 ballot appearing as a part of the same notice.  The notice
 16  5 shall include the full text of all public measures to be voted
 16  6 upon at the election.  The notice shall also include notice of
 16  7 testing required pursuant to sections 52.9, 52.35, and 52.38.
 16  8    Sec. 34.  Section 49.57, subsection 4, Code 2001, is
 16  9 amended to read as follows:
 16 10    4.  On ballots that will be counted by electronic
 16 11 tabulating equipment, ballots shall include a voting target
 16 12 next to the name of each candidate.  The position, shape, and
 16 13 size of the targets shall be appropriate for the equipment to
 16 14 be used in counting the votes.  Where paper ballots are used,
 16 15 a square, the sides of which shall not be less than one-fourth
 16 16 of an inch in length, may be printed at the beginning of each
 16 17 line in which the name of a candidate is printed, except as
 16 18 otherwise provided.
 16 19    Sec. 35.  Section 49.64, Code 2001, is amended to read as
 16 20 follows:
 16 21    49.64  NUMBER OF BALLOTS DELIVERED.
 16 22    The commissioner shall cause ballots of the kind to be
 16 23 voted in each precinct, to be delivered to the precinct
 16 24 election officials as follows:  in general elections which are
 16 25 presidential elections seventy-five at least fifty-five
 16 26 ballots for every fifty votes, or fraction thereof of fifty
 16 27 votes, cast in said the precinct at the last preceding general
 16 28 election which was also a presidential election; and in
 16 29 general elections which are not presidential elections,
 16 30 seventy-five at least fifty-five ballots for every fifty
 16 31 votes, or fraction thereof of fifty votes, cast therein at the
 16 32 last preceding general election which was not a presidential
 16 33 election.
 16 34    Sec. 36.  Section 49.70, Code 2001, is amended to read as
 16 35 follows:
 17  1    49.70  PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS.
 17  2    The commissioner shall cause copies of the foregoing
 17  3 instructions to be printed in large, clear type, under the
 17  4 heading of "Card of Instructions for Voters", and shall
 17  5 furnish the precinct election officials with a sufficient
 17  6 number of such cards instructions as will enable them to
 17  7 comply with section 49.71.
 17  8    Sec. 37.  Section 49.73, subsection 1, paragraph b, Code
 17  9 2001, is amended to read as follows:
 17 10    b.  Any election conducted for a city of three thousand
 17 11 five hundred or less population, including a local option
 17 12 sales and services tax election conducted pursuant to section
 17 13 422B.1.  At elections conducted pursuant to chapter 422B, all
 17 14 polling places shall have the same voting hours.
 17 15    Sec. 38.  Section 49.73, subsection 1, Code 2001, is
 17 16 amended by adding the following new paragraph:
 17 17    NEW PARAGRAPH.  e.  The unincorporated area of any county
 17 18 voting on a local option sales and services tax pursuant to
 17 19 section 422B.1.
 17 20    Sec. 39.  Section 49.79, Code 2001, is amended to read as
 17 21 follows:
 17 22    49.79  CHALLENGES.
 17 23    Any person offering to vote may be challenged as
 17 24 unqualified by any precinct election official or elector; and
 17 25 it registered voter.  It is the duty of each official to
 17 26 challenge any person offering to vote whom the official knows
 17 27 or suspects is not duly qualified.  A ballot shall be received
 17 28 from a voter who is challenged, but only in accordance with
 17 29 section 49.81.
 17 30    Sec. 40.  Section 49.81, subsection 2, unnumbered paragraph
 17 31 2, Code 2001, is amended to read as follows:
 17 32    Your qualifications as a registered voter have been
 17 33 challenged for the following reasons:  
 17 34    I.  ....................
 17 35    II.  ...................
 18  1    III.  ..................
 18  2 Your right to vote will be reviewed by the special precinct
 18  3 counting board on .......  You have the right and are
 18  4 encouraged to make a written statement and submit additional
 18  5 written evidence to this board supporting your qualifications
 18  6 as a registered voter.  This written statement and evidence
 18  7 may be given to an election official of this precinct on
 18  8 election day or mailed or delivered to the county commissioner
 18  9 of elections, but must be received prior to noon before .....
 18 10 a.m./p.m. on ...... at .......  If your ballot is not counted
 18 11 you will receive notification of this fact.
 18 12    Sec. 41.  Section 49.84, Code 2001, is amended by adding
 18 13 the following new unnumbered paragraph:
 18 14    NEW UNNUMBERED PARAGRAPH.  This section does not prohibit a
 18 15 voter from taking minor children into the voting booth with
 18 16 the voter.
 18 17    Sec. 42.  Section 49.88, Code 2001, is amended by adding
 18 18 the following new unnumbered paragraph:
 18 19    NEW UNNUMBERED PARAGRAPH.  This section does not prohibit a
 18 20 voter from taking minor children into the voting booth with
 18 21 the voter.
 18 22    Sec. 43.  Section 49.96, Code 2001, is amended to read as
 18 23 follows:
 18 24    49.96  OFFICES WITH MORE THAN ONE PERSON TO BE ELECTED.
 18 25    Where more than one person is to be elected to the same
 18 26 office at the same election, and all of the candidates for
 18 27 that office for whom the voter desires to vote were nominated
 18 28 by the political party or nonparty political organization for
 18 29 which the voter has marked a straight party or organization
 18 30 vote, the voter need not otherwise indicate the vote for that
 18 31 office.  However, if a voter who has marked a straight party
 18 32 or organization ticket also marks the voting targets next to
 18 33 the names of one or more candidates for any office, only the
 18 34 votes cast separately for individual candidates for that
 18 35 office shall be counted.  If the voter wishes to vote for
 19  1 candidates who were nominated by different political parties
 19  2 or nonparty political organizations, the voter must mark the
 19  3 voting target for each candidate the voter has chosen, whether
 19  4 or not the voter has also marked a straight party or
 19  5 organization vote.
 19  6    Sec. 44.  Section 49.124, Code 2001, is amended to read as
 19  7 follows:
 19  8    49.124  TRAINING COURSE BY COMMISSIONER.
 19  9    The commissioner shall conduct, not later than the day
 19 10 before each primary and general election, a training course of
 19 11 not more than two hours for all election personnel, and the
 19 12 commissioner may do so before any other election the
 19 13 commissioner administers.  The personnel shall include all
 19 14 precinct election officials and any other persons who will be
 19 15 employed in or around the polling places on election day.  At
 19 16 least two precinct election officials who will serve on each
 19 17 precinct election board at the forthcoming election shall
 19 18 attend the training course.  If the entire board does not
 19 19 attend, those members who do attend shall so far as possible
 19 20 be persons who have not previously attended a similar training
 19 21 course.
 19 22    Sec. 45.  Section 50.11, Code 2001, is amended to read as
 19 23 follows:
 19 24    50.11  PROCLAMATION OF RESULT.
 19 25    When the canvass is completed one of the precinct election
 19 26 officials shall publicly announce the total number of votes
 19 27 received by each of the persons voted for, the office for
 19 28 which the person is designated, as announced by the designated
 19 29 tally keepers, and the number of votes for, and the number of
 19 30 votes against, any proposition which shall have been submitted
 19 31 to a vote of the people, and the.  A precinct election
 19 32 official shall communicate said information the election
 19 33 results by telephone or telegraph or in person to the
 19 34 commissioner who is conducting the election immediately upon
 19 35 completion of the canvass; and the.
 20  1    Election results may be transmitted electronically from
 20  2 voting equipment to the commissioner's office only after the
 20  3 precinct election officials have produced a written report of
 20  4 the election results.  The devices used for the electronic
 20  5 transmission of election results shall be approved for use by
 20  6 the board of examiners pursuant to section 52.41.  The state
 20  7 commissioner of elections shall adopt rules establishing
 20  8 procedures for the electronic transmission of election
 20  9 results.
 20 10    The commissioner shall remain on duty until such
 20 11 information is communicated to the commissioner from each
 20 12 polling place in the commissioner's county.
 20 13    Sec. 46.  Section 50.12, Code 2001, is amended to read as
 20 14 follows:
 20 15    50.12  RETURN AND PRESERVATION OF BALLOTS.
 20 16    Immediately after making the proclamation, and before
 20 17 separating, the board members of each precinct in which votes
 20 18 have been received by paper ballot shall enclose in an
 20 19 envelope or other container all ballots which have been
 20 20 counted by them, except those endorsed "Rejected as double",
 20 21 "Defective", or "Objected to", and securely seal the envelope.
 20 22 The signatures of all board members of the precinct shall be
 20 23 placed across the seal or the opening of the container so that
 20 24 it cannot be opened without breaking the seal.  The precinct
 20 25 election officials shall return all the ballots to the
 20 26 commissioner, who shall carefully preserve them for six
 20 27 months.  Ballots from elections for federal offices shall be
 20 28 preserved for twenty-two months.  The sealed packages
 20 29 containing voted ballots shall be opened only for an official
 20 30 recount authorized by section 50.48, 50.49, or 50.50, for an
 20 31 election contest held pursuant to chapters 57 through 62, or
 20 32 to destroy the ballots pursuant to section 50.19.
 20 33    Sec. 47.  Section 50.48, subsection 2, unnumbered paragraph
 20 34 1, Code 2001, is amended to read as follows:
 20 35    The candidate requesting a recount under this section shall
 21  1 post a bond, unless the abstracts prepared pursuant to section
 21  2 50.24, or section 43.49 in the case of a primary election,
 21  3 indicate that the difference between the total number of votes
 21  4 cast for the apparent winner and the total number of votes
 21  5 cast for the candidate requesting the recount is less than the
 21  6 greater of fifty votes or one percent of the total number of
 21  7 votes cast for the office or nomination in question.  If a
 21  8 recount is requested for an office to which more than one
 21  9 person was elected, the vote difference calculations shall be
 21 10 made using the difference between the number of votes received
 21 11 by the person requesting the recount and the number of votes
 21 12 received by the apparent winner who received the fewest votes.
 21 13 Where votes cast for that office or nomination were canvassed
 21 14 in more than one county, the abstracts prepared by the county
 21 15 boards in all of those counties shall be totaled for purposes
 21 16 of this subsection.  If a bond is required, it shall be filed
 21 17 with the state commissioner for recounts involving a state
 21 18 office, including a seat in the general assembly, or a seat in
 21 19 the United States Congress, and with the commissioner
 21 20 responsible for conducting the election in all other cases,
 21 21 and shall be in the following amount:
 21 22    Sec. 48.  Section 50.49, unnumbered paragraph 4, Code 2001,
 21 23 is amended to read as follows:
 21 24    The petitioners requesting the recount shall post a bond as
 21 25 required by section 50.48, subsection 2.  The amount of the
 21 26 bond shall be one thousand dollars for a public measure
 21 27 appearing on the ballot statewide or one hundred dollars for
 21 28 any other public measure.  If the difference between the
 21 29 affirmative and negative votes cast on the public measure is
 21 30 less than the greater of fifty votes or one percent of the
 21 31 total number of votes cast for and against the question, a
 21 32 bond is not required.  If approval by sixty percent of the
 21 33 votes cast is required for adoption of the public measure, no
 21 34 bond is required if the difference between sixty percent of
 21 35 the total votes cast for and against the question and the
 22  1 number of votes cast for the losing side is less than the
 22  2 greater of fifty votes or one percent of the total number of
 22  3 votes cast.
 22  4    Sec. 49.  Section 50.50, unnumbered paragraph 1, Code 2001,
 22  5 is amended to read as follows:
 22  6    The commissioner who was responsible for conducting an
 22  7 election may request an administrative recount when the
 22  8 commissioner suspects that voting equipment used in the
 22  9 election malfunctioned or that programming errors may have
 22 10 affected the outcome of the election, or if the precinct
 22 11 election officials report counting errors to the commissioner
 22 12 after the conclusion of the canvass of votes in the precinct.
 22 13 An administrative recount shall be conducted by the board of
 22 14 the special precinct established by section 53.23.  Bond shall
 22 15 not be required for an administrative recount.  The state
 22 16 commissioner may adopt rules for administrative recounts.
 22 17    Sec. 50.  Section 52.1, subsection 2, paragraphs a, b, and
 22 18 f, Code 2001, are amended to read as follows:
 22 19    a.  "Automatic tabulating equipment" means apparatus,
 22 20 including but not limited to electronic data processing
 22 21 machines, which may be utilized to ascertain the manner in
 22 22 which either special paper ballots or ballot cards have been
 22 23 marked by voters, and count the votes marked thereon.
 22 24    b.  "Ballot" includes a special paper ballot and a ballot
 22 25 card and its associated ballot label.  In appropriate
 22 26 contexts, "ballot" also includes conventional paper ballots.
 22 27    f.  "Electronic voting system" means a system employing
 22 28 special paper ballots or ballot cards and ballot labels, under
 22 29 which votes are:
 22 30    (1)  Cast by voters by marking special paper ballots with a
 22 31 vote marking device, or by marking ballot cards by use of a
 22 32 voting punch device; and
 22 33    (2)  Thereafter counted by use of automatic tabulating
 22 34 equipment.
 22 35    Sec. 51.  Section 52.1, subsection 2, paragraphs c, d, and
 23  1 k, Code 2001, are amended by striking the paragraphs.
 23  2    Sec. 52.  Section 52.25, unnumbered paragraphs 1 and 2,
 23  3 Code 2001, are amended to read as follows:
 23  4    The question of a constitutional convention, amendments,
 23  5 and public measures including bond issues may be voted on
 23  6 voting machines and on special paper ballots and ballot cards
 23  7 in the following manner:
 23  8    The entire convention question, amendment or public measure
 23  9 shall be printed and displayed prominently in at least four
 23 10 places within the voting precinct, and inside each voting
 23 11 booth, or on the left-hand side inside the curtain of each
 23 12 voting machine, the printing to be in conformity with the
 23 13 provisions of chapter 49.  The public measure shall be
 23 14 summarized by the commissioner and in the largest type
 23 15 possible printed on the special paper ballots, ballot cards,
 23 16 or inserts used in the voting machines, except that:
 23 17    Sec. 53.  Section 52.26, subsections 5, 6, and 7, Code
 23 18 2001, are amended to read as follows:
 23 19    5.  Be so constructed or designed that in presidential
 23 20 elections the voter casts a vote for the presidential electors
 23 21 of any party or political organization by a single mark or
 23 22 punch made opposite the name of the candidates of that party
 23 23 or organization for the offices of both president and vice
 23 24 president of the United States, and so that the voter is also
 23 25 provided the opportunity to write in the name of any person
 23 26 for whom the voter desires to vote for president or vice
 23 27 president of the United States.
 23 28    6.  Be so constructed or designed as to permit voting for
 23 29 candidates for nomination or election of at least seven
 23 30 different political parties or organizations, and to permit
 23 31 voting for all of the candidates of any one political party or
 23 32 organization by a single mark or punch, at any one election.
 23 33    7.  The voting punch device shall be so constructed and
 23 34 designed so if an elector makes an error in marking the
 23 35 ballot, the machine shall indicate the error and permit the
 24  1 elector to make a correction according to the provisions of
 24  2 section 52.30, subsection 4.  A punch card voting system shall
 24  3 not be approved for use.
 24  4    Sec. 54.  Section 52.27, Code 2001, is amended to read as
 24  5 follows:
 24  6    52.27  COMMISSIONER TO PROVIDE ELECTRONIC VOTING EQUIPMENT.
 24  7    The commissioner having jurisdiction of any precinct for
 24  8 which the board of supervisors has adopted voting by means of
 24  9 an electronic voting system shall, as soon as practicable
 24 10 thereafter, provide for use at each election held in the
 24 11 precinct special paper ballots and vote marking devices, or
 24 12 ballot cards, ballot labels and voting punch devices, as the
 24 13 case may be, in appropriate numbers.  The commissioner shall
 24 14 have custody of all equipment required for use of the
 24 15 electronic voting system, and shall be responsible for
 24 16 maintaining it in good condition and for storing it between
 24 17 elections.  All provisions of chapter 49 relative to times and
 24 18 circumstances under which voting machines are to be used in
 24 19 any election and the number of voting machines to be provided
 24 20 shall also govern the use of electronic voting systems, when
 24 21 applicable.
 24 22    Sec. 55.  Section 52.28, subsection 1, Code 2001, is
 24 23 amended to read as follows:
 24 24    1.  The commissioner of each county in which the use of an
 24 25 electronic voting system in one or more precincts has been
 24 26 authorized shall determine the arrangement of candidates'
 24 27 names and public questions upon the ballot or ballots used
 24 28 with the system.  The ballot information, whether placed on
 24 29 the special paper ballot, the ballot card or the ballot label,
 24 30 shall be arranged as required by chapters 43 and 49, and by
 24 31 any relevant provisions of any statutes which specify the form
 24 32 of ballots for special elections, so far as possible within
 24 33 the constraints of the physical characteristics of the
 24 34 electronic voting system in use in that county.  The state
 24 35 commissioner may adopt rules requiring a reasonable degree of
 25  1 uniformity among counties in arrangement of electronic voting
 25  2 system ballots.
 25  3    Sec. 56.  Section 52.28, subsection 2, Code 2001, is
 25  4 amended by striking the subsection.
 25  5    Sec. 57.  Section 52.29, Code 2001, is amended to read as
 25  6 follows:
 25  7    52.29  ELECTRONIC VOTING SYSTEM SAMPLE BALLOTS.
 25  8    The commissioner shall provide for each precinct where an
 25  9 electronic voting system is in use at least four sample
 25 10 special paper ballots, or combinations of ballot cards and
 25 11 ballot labels, as the case may be, which shall be exact copies
 25 12 of the official ballots as printed for that precinct.  The
 25 13 sample ballots shall be arranged in the form of a diagram
 25 14 showing the special paper ballot or the front of the voting
 25 15 punch device, as the case may be, as it will appear to the
 25 16 voter in that precinct on election day.  The sample ballots
 25 17 shall be posted prominently within the polling place, and
 25 18 shall be open to public inspection during the hours the polls
 25 19 are open on election day.
 25 20    Sec. 58.  Section 52.33, unnumbered paragraph 1, Code 2001,
 25 21 is amended to read as follows:
 25 22    In any county in which the board of supervisors has adopted
 25 23 voting by means of an electronic voting system, the
 25 24 commissioner may elect to also conduct absentee voting by use
 25 25 of such a system if the system so used is compatible with the
 25 26 counting center serving the precinct polling places in the
 25 27 county where voting is by means of an electronic voting
 25 28 system.  In any other county, the commissioner may with
 25 29 approval of the board of supervisors conduct absentee voting
 25 30 by use of an electronic voting system.  All provisions of
 25 31 chapter 53 shall apply to such absentee voting, so far as
 25 32 applicable.  When a ballot card is used for voting by mail it
 25 33 shall be accompanied by a stylus, voter instructions, and a
 25 34 specimen ballot showing the proper positions to vote on the
 25 35 ballot card for each candidate or public question.  The card
 26  1 shall be mounted on material suitable to receive the punched
 26  2 out chip.  In counties where absentee voting is conducted by
 26  3 use of an electronic voting system, the special precinct
 26  4 counting board shall, at the time required by chapter 53,
 26  5 prepare absentee ballots for delivery to the counting center
 26  6 in the manner prescribed by this chapter.
 26  7    Sec. 59.  Section 52.35, subsection 2, Code 2001, is
 26  8 amended to read as follows:
 26  9    2.  The test shall be conducted by processing a preaudited
 26 10 group of ballots punched or marked so as to record a
 26 11 predetermined number of valid votes for each candidate, and on
 26 12 each public question, on the ballot.  The test group shall
 26 13 include for each office and each question one or more ballots
 26 14 having votes in excess of the number allowed by law for that
 26 15 office or question, in order to test the ability of the
 26 16 automatic tabulating equipment to reject such votes.  Any
 26 17 observer may submit an additional test group of ballots which,
 26 18 if so submitted, shall also be tested.  The state commissioner
 26 19 shall promulgate administrative rules establishing procedures
 26 20 for any additional test group of ballots submitted by an
 26 21 observer.  If any error is detected, its cause shall be
 26 22 ascertained and corrected and an errorless count obtained
 26 23 before the automatic tabulating equipment is approved.  When
 26 24 so approved, a statement attesting to the fact shall be signed
 26 25 by the commissioner and kept with the records of the election.
 26 26    Sec. 60.  Section 52.37, subsection 1, Code 2001, is
 26 27 amended to read as follows:
 26 28    1.  The sealed ballot container from each precinct shall be
 26 29 delivered to the counting center by two of the election
 26 30 officials of that precinct, not members of the same political
 26 31 party if the ballot contains partisan offices, who shall
 26 32 travel together in the same vehicle and shall have the
 26 33 container under their immediate joint control until they
 26 34 surrender it to the commissioner or the commissioner's
 26 35 designee in charge of the counting center.  The commissioner
 27  1 may designate two precinct election officials, of different
 27  2 political parties if the ballot contains partisan offices, to
 27  3 collect the sealed ballot containers from more than one
 27  4 precinct to deliver to the counting center.  The commissioner
 27  5 or designee shall, in the presence of the two precinct
 27  6 election officials who delivered the container, enter on a
 27  7 record kept for the purpose that the container was received,
 27  8 the time the container was received, and the condition of the
 27  9 seal upon receipt.
 27 10    In nonpartisan elections the election officials delivering
 27 11 the ballots are not required to be members of any political
 27 12 party, or to be members of different political parties.
 27 13    Sec. 61.  NEW SECTION.  52.41  ELECTRONIC TRANSMISSION OF
 27 14 ELECTION RESULTS.
 27 15    With the advice of the board of examiners for voting
 27 16 machines and electronic voting systems, the state commissioner
 27 17 shall adopt by rule standards for the examination and testing
 27 18 of devices for the electronic transmission of election
 27 19 results.  All voting systems which contain devices for the
 27 20 electronic transmission of election results submitted to the
 27 21 examiners for examination and testing after July 1, 2003,
 27 22 shall comply with these standards.
 27 23    Sec. 62.  Section 53.8, subsection 1, Code 2001, is amended
 27 24 to read as follows:
 27 25    1.  Upon receipt of an application for an absentee ballot
 27 26 and immediately after the absentee ballots are printed, the
 27 27 commissioner shall mail an absentee ballot to the applicant
 27 28 within twenty-four hours, except as otherwise provided in
 27 29 subsection 3.  The absentee ballot shall be enclosed in an
 27 30 unsealed envelope bearing a serial number and affidavit.  The
 27 31 absentee ballot and unsealed envelope shall be enclosed in or
 27 32 with a carrier envelope which bears the same serial number as
 27 33 the unsealed envelope.  The absentee ballot, unsealed
 27 34 envelope, and carrier envelope shall be enclosed in a third
 27 35 envelope to be sent to the registered voter.  If the ballot
 28  1 cannot be folded so that all of the votes cast on the ballot
 28  2 will be hidden, the commissioner shall also enclose a secrecy
 28  3 envelope with the absentee ballot.
 28  4    Sec. 63.  NEW SECTION.  53.10  ABSENTEE VOTING AT THE
 28  5 COMMISSIONER'S OFFICE.
 28  6    Not more than forty days before the date of the primary
 28  7 election or the general election, the commissioner shall
 28  8 provide facilities for absentee voting in person at the
 28  9 commissioner's office.  This service shall also be provided
 28 10 for other elections as soon as the ballots are ready, but in
 28 11 no case shall absentee ballots be available more than forty
 28 12 days before an election.
 28 13    Each person who wishes to vote by absentee ballot at the
 28 14 commissioner's office shall first sign an application for a
 28 15 ballot including the following information:  name, current
 28 16 address, and the election for which the ballot is requested.
 28 17 The person may report a change of address or other information
 28 18 on the person's voter registration record at that time.  The
 28 19 registered voter shall immediately mark the ballot, enclose
 28 20 the ballot in a secrecy envelope, if necessary, and seal it in
 28 21 a ballot envelope, subscribe to the affidavit on the reverse
 28 22 side of the envelope, and return the absentee ballot to the
 28 23 commissioner.  The commissioner shall record the numbers
 28 24 appearing on the application and ballot envelope along with
 28 25 the name of the registered voter.
 28 26    During the hours when absentee ballots are available in the
 28 27 office of the commissioner, the posting of political signs is
 28 28 prohibited within thirty feet of the absentee voting site.  No
 28 29 electioneering shall be allowed within the sight or hearing of
 28 30 voters at the absentee voting site.
 28 31    Sec. 64.  Section 53.11, unnumbered paragraph 1, Code 2001,
 28 32 is amended by striking the unnumbered paragraph.
 28 33    Sec. 65.  Section 53.11, unnumbered paragraph 2, Code 2001,
 28 34 is amended to read as follows:
 28 35    Satellite absentee voting stations shall may be established
 29  1 throughout the cities and county at the direction of the
 29  2 commissioner or and shall be established upon receipt of a
 29  3 petition signed by not less than one hundred eligible electors
 29  4 requesting that a satellite absentee voting station be
 29  5 established at a location to be described on the petition.  A
 29  6 satellite absentee voting station established by petition must
 29  7 be open at least one day for a minimum of six hours.  A
 29  8 satellite absentee voting station established at the direction
 29  9 of the commissioner or by petition may remain open until five
 29 10 p.m. on the day before the election.
 29 11    Sec. 66.  Section 53.11, Code 2001, is amended by adding
 29 12 the following new unnumbered paragraphs:
 29 13    NEW UNNUMBERED PARAGRAPH.  Procedures for absentee voting
 29 14 at satellite absentee voting stations shall be the same as
 29 15 specified in section 53.10 for voting at the commissioner's
 29 16 office.  Additional procedures shall be prescribed by rule by
 29 17 the state commissioner.
 29 18    NEW UNNUMBERED PARAGRAPH.  During the hours when absentee
 29 19 ballots are available at a satellite absentee voting station,
 29 20 the posting of political signs is prohibited within thirty
 29 21 feet of the satellite absentee voting station.  Electioneering
 29 22 shall not be allowed within the sight or hearing of voters at
 29 23 the satellite absentee voting station.
 29 24    Sec. 67.  Section 53.18, Code 2001, is amended to read as
 29 25 follows:
 29 26    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
 29 27    Upon receipt of the absentee ballot, the commissioner shall
 29 28 at once record the number appearing on the application and
 29 29 return carrier envelope and time of receipt of such ballot and
 29 30 attach the elector's application to the unopened envelope.
 29 31 Absentee ballots shall be stored in a secure place until they
 29 32 are delivered to the absentee and special voters precinct
 29 33 board.
 29 34    Sec. 68.  Section 53.19, unnumbered paragraph 3, Code 2001,
 29 35 is amended to read as follows:
 30  1    However, any registered voter who has received an absentee
 30  2 ballot and not returned it, may surrender the absentee ballot
 30  3 to the precinct officials and vote in person at the polls.
 30  4 The precinct officials shall mark the uncast absentee ballot
 30  5 "void" and return it to the commissioner.  Any registered
 30  6 voter who has been sent an absentee ballot by mail but for any
 30  7 reason has not received it or who has not brought the ballot
 30  8 to the polls, may appear at the voter's precinct polling place
 30  9 on election day and sign an affidavit to that effect, after
 30 10 which the voter shall be permitted to vote in person.  Such
 30 11 voter shall cast a ballot in accordance with section 49.81.
 30 12 The form of the affidavit for use in such cases shall be
 30 13 prescribed by the state commissioner.
 30 14    Sec. 69.  Section 53.30, Code 2001, is amended to read as
 30 15 follows:
 30 16    53.30  BALLOT ENVELOPE PRESERVED.
 30 17    At the conclusion of each meeting of the absentee and
 30 18 special voter's precinct board, the board shall securely seal
 30 19 all ballots counted by them in the manner prescribed in
 30 20 section 50.12.  The ballot envelopes, including the envelope
 30 21 having the registered voter's affidavit thereon on it, the
 30 22 return carrier envelope, and secrecy envelope bearing the
 30 23 signatures of precinct election officials, as required by
 30 24 section 53.23, shall be preserved.  All applications for
 30 25 absentee ballots, ballots rejected without being opened,
 30 26 absentee ballot logs, and any other documents pertaining to
 30 27 the absentee ballot process shall be preserved until such time
 30 28 as the documents may be destroyed pursuant to section 50.19.
 30 29    Sec. 70.  Section 53.38, Code 2001, is amended to read as
 30 30 follows:
 30 31    53.38  AFFIDAVIT WHAT CONSTITUTES REGISTRATION.
 30 32    Whenever a ballot is requested pursuant to section 53.39 or
 30 33 53.45 on behalf of a voter in the armed forces of the United
 30 34 States, the affidavit upon the ballot envelope of such voter,
 30 35 if the voter is found to be an eligible elector of the county
 31  1 to which the ballot is submitted, shall constitute a
 31  2 sufficient registration under the provisions of chapter 48A
 31  3 and the.  A completed federal postcard registration and
 31  4 federal absentee ballot request form submitted by such
 31  5 eligible elector shall also constitute a sufficient
 31  6 registration under chapter 48A.  The commissioner shall place
 31  7 the voter's name on the registration record as a registered
 31  8 voter, if it does not already appear there.
 31  9    Sec. 71.  Section 53.40, unnumbered paragraph 1, Code 2001,
 31 10 is amended to read as follows:
 31 11    A request in writing for a ballot may be made by any member
 31 12 of the armed forces of the United States who is or will be a
 31 13 qualified voter on the day of the election at which the ballot
 31 14 is to be cast, at any time before the election.  Any member of
 31 15 the armed forces of the United States may request ballots for
 31 16 all elections to be held within a calendar year.  The request
 31 17 may be made by using the federal postcard application form and
 31 18 indicating that the applicant wishes to receive ballots for
 31 19 all elections as permitted by state law.  The county auditor
 31 20 commissioner shall send the applicant a ballot for each
 31 21 election held during the calendar year in which the
 31 22 application is received.  The commissioner shall forward a
 31 23 copy of the absentee ballot request to other commissioners who
 31 24 are responsible under section 47.2, subsection 2, for
 31 25 conducting elections in which the applicant is eligible to
 31 26 vote.
 31 27    Sec. 72.  Section 57.1, subsection 2, Code 2001, is amended
 31 28 by adding the following new paragraph after paragraph f and
 31 29 relettering the subsequent paragraphs:
 31 30    NEW PARAGRAPH.  g.  That the public measure or office was
 31 31 not authorized or required by state law to appear on the
 31 32 ballot at the election being contested.
 31 33    Sec. 73.  Section 60.4, Code 2001, is amended to read as
 31 34 follows:
 31 35    60.4  STATEMENT.
 32  1    The contestant shall file the statement provided for in
 32  2 chapter 62 in the office of the secretary of state within ten
 32  3 two days from the day on which the returns are canvassed by
 32  4 the state board of canvassers, and, within the same time,
 32  5 serve a copy of the same, with a notice of the contest, on the
 32  6 incumbent in the manner provided by the rules of civil
 32  7 procedure for service of an original notice.
 32  8    Sec. 74.  Section 60.5, Code 2001, is amended to read as
 32  9 follows:
 32 10    60.5  ORGANIZATION AND TRIAL.
 32 11    The clerk of the court shall, immediately after the filing
 32 12 of the statement, notify the judges herein named, and fix a
 32 13 day for the organization of the court within three two days
 32 14 thereafter, and also notify the parties to the contest.  The
 32 15 judges shall meet on the day fixed, and organize the court,
 32 16 and make and announce such rules for the trial of the case as
 32 17 they shall think necessary for the protection of the rights of
 32 18 each party and a just and speedy trial of the case, and
 32 19 commence the trial of the case as early as practicable
 32 20 thereafter, and so arrange for and conduct the trial that a
 32 21 final determination of the same and judgment shall be rendered
 32 22 at least six days before the first Monday after the second
 32 23 Wednesday in December next following.
 32 24    Sec. 75.  NEW SECTION.  62.5A  STATEMENT OF INTENT TO
 32 25 CONTEST.
 32 26    1.  Within twenty days after the board of supervisors
 32 27 declares a winner from the canvass of an election, the
 32 28 contestant shall file with the commissioner a written
 32 29 statement of intention to contest the election.  If a recount
 32 30 is held for the office in question, and the recount board
 32 31 finds that the winner was someone other than the person
 32 32 declared at the original canvass of votes, a contest may be
 32 33 filed within twenty days after the board of supervisors
 32 34 declares a winner from the recount of votes.
 32 35    2.  The contestant's statement shall include the following:
 33  1    a.  The name of the contestant and that the contestant is
 33  2 qualified to hold such office.
 33  3    b.  The name of the incumbent.
 33  4    c.  The office contested.
 33  5    d.  The date of the election.
 33  6    e.  The particular causes of the contest pursuant to
 33  7 section 57.1, subsection 2.  If a cause of the contest is an
 33  8 allegation that illegal votes were received or that legal
 33  9 votes were rejected, a statement shall be included setting
 33 10 forth the names of the persons who are alleged to have voted
 33 11 illegally or whose votes were rejected and the precinct where
 33 12 they voted or offered to vote.
 33 13    f.  The affidavit of the contestant, or some elector of the
 33 14 county, affirming the causes set forth are true.
 33 15    Sec. 76.  Section 63.8, Code 2001, is amended to read as
 33 16 follows:
 33 17    63.8  VACANCIES – TIME TO QUALIFY.
 33 18    Persons elected or appointed to fill vacancies, and
 33 19 officers entitled to hold over to fill vacancies occurring
 33 20 through a failure to elect, appoint, or qualify, as provided
 33 21 in chapter 69, shall qualify within ten days from the county
 33 22 board's canvass of such election, or within ten days from such
 33 23 appointment, or failure to elect, appoint, or qualify, in the
 33 24 same manner as those originally elected or appointed to such
 33 25 offices.
 33 26    Sec. 77.  Section 69.2, Code Supplement 2001, is amended to
 33 27 read as follows:
 33 28    69.2  WHAT CONSTITUTES VACANCY.
 33 29    1.  Every civil office shall be vacant if any of the
 33 30 following events occur:
 33 31    1. a.  A failure to elect at the proper election, or to
 33 32 appoint within the time fixed by law, unless the incumbent
 33 33 holds over.
 33 34    2. b.  A failure of the incumbent or holdover officer to
 33 35 qualify within the time prescribed by law.
 34  1    3. c.  The incumbent ceasing to be a resident of the state,
 34  2 district, county, township, city, or ward by or for which the
 34  3 incumbent was elected or appointed, or in which the duties of
 34  4 the office are to be exercised.  This subsection shall not
 34  5 apply to appointed city officers.
 34  6    4. d.  The resignation or death of the incumbent, or of the
 34  7 officer-elect before qualifying.
 34  8    5. e.  The removal of the incumbent from, or forfeiture of,
 34  9 the office, or the decision of a competent tribunal declaring
 34 10 the office vacant.
 34 11    6. f.  The conviction of the incumbent of a felony, an
 34 12 aggravated misdemeanor, or of any public offense involving the
 34 13 violation of the incumbent's oath of office.
 34 14    7. g.  The board of supervisors declares a vacancy in an
 34 15 elected county office upon finding that the county officer has
 34 16 been physically absent from the county for sixty consecutive
 34 17 days except in the case of a medical emergency; temporary
 34 18 active military duty; or temporary service with another
 34 19 government service, agency, or department.
 34 20    8. h.  The incumbent simultaneously holding more than one
 34 21 elective office at the same level of government.  This
 34 22 subsection does not apply to the county agricultural extension
 34 23 council or the soil and water conservation district
 34 24 commission.
 34 25    9. i.  An incumbent statewide elected official or member of
 34 26 the general assembly simultaneously holding more than one
 34 27 elective office.
 34 28    2.  If the status of an officeholder is in question, the
 34 29 entity or officer responsible for making an appointment to
 34 30 fill the vacancy shall decide whether a vacancy exists.  The
 34 31 appointing entity or officer may act upon its own motion.  If
 34 32 a petition signed by twenty-five registered voters of the
 34 33 jurisdiction is received, the appointing entity or officer
 34 34 shall convene within thirty days to consider whether a vacancy
 34 35 exists.  The appointing entity or officer shall publish notice
 35  1 that a public hearing will be held to determine whether a
 35  2 vacancy exists.  The notice shall include the time and place
 35  3 of the hearing and the name of the office and the officeholder
 35  4 whose status is in question.  The public hearing shall be held
 35  5 not less than four nor more than fourteen days after
 35  6 publication of the notice.  The officer whose status is in
 35  7 question shall be notified of the time and place of the
 35  8 hearing.  Notice shall be sent by certified mail and must be
 35  9 postmarked at least fourteen days before the hearing.  No
 35 10 later than seven days after the public hearing, the appointing
 35 11 entity or officer shall publish its decision.  If the
 35 12 appointing entity or officer decides that the office is
 35 13 vacant, the publication shall state the date the vacancy
 35 14 occurred and what action will be taken to fill the vacancy.
 35 15    3.  The officer against whom the judgment was rendered may
 35 16 appeal to the district court no later than twenty days after
 35 17 official publication of the decision.  However, the appeal
 35 18 will not supersede the execution of the judgment of the
 35 19 appointing entity or officer, unless the party gives a bond,
 35 20 with security to be approved by the district judge in a sum to
 35 21 be fixed by the judge.  The amount of the bond shall be at
 35 22 least double the probable compensation of such officer for six
 35 23 months, which bond shall be conditioned that the officer will
 35 24 prosecute the appeal without delay, and that, if the judgment
 35 25 appealed from is affirmed, the party will pay over to the
 35 26 successful party all compensation received by the party while
 35 27 in possession of the office after the judgment appealed from
 35 28 was rendered.  The court shall hear the appeal in equity and
 35 29 determine anew all questions arising in the case.
 35 30    4.  If, upon appeal, the judgment is affirmed, the district
 35 31 court may render judgment upon the bond for the amount of
 35 32 damages awarded against the appellant and the sureties on the
 35 33 bond.
 35 34    Sec. 78.  Section 69.12, subsection 1, paragraph a, Code
 35 35 2001, is amended to read as follows:
 36  1    a.  A vacancy shall be filled at the next pending election
 36  2 if it occurs:
 36  3    (1)  Seventy-four or more days prior to before the
 36  4 election, if it is a general or primary election.
 36  5    (2)  Fifty-two or more days prior to before the election,
 36  6 if it is a regularly scheduled or special city election.
 36  7 However, for those cities which may be required to hold a
 36  8 primary election, the vacancy shall be filled at the next
 36  9 pending election if it occurs seventy-three or more days
 36 10 before a regularly scheduled or special city election.
 36 11    (3)  Forty-five or more days prior to before the election,
 36 12 if it is a regularly scheduled school election.
 36 13    (4)  Forty or more days prior to before the election, if it
 36 14 is a special election.
 36 15    Sec. 79.  Section 69.12, subsection 1, paragraph b, Code
 36 16 2001, is amended to read as follows:
 36 17    b.  Nomination papers on behalf of candidates for a vacant
 36 18 office to be filled pursuant to paragraph "a" of this
 36 19 subsection shall be filed, in the form and manner prescribed
 36 20 by applicable law, by five o'clock p.m. on:
 36 21    (1)  The final filing date for candidates filing with the
 36 22 state commissioner or commissioner, as the case may be, for a
 36 23 general or primary election.
 36 24    (2)  The forty-seventh day prior to candidate filing
 36 25 deadline specified in section 376.4 for a regularly scheduled
 36 26 or special city election.
 36 27    (3)  The fortieth day prior to before a regularly scheduled
 36 28 school election.
 36 29    (4)  The twenty-fifth day prior to before a special
 36 30 election.
 36 31    Sec. 80.  Section 69.14A, Code 2001, is amended by adding
 36 32 the following new subsection:
 36 33    NEW SUBSECTION.  4.  Notwithstanding subsections 1 and 2,
 36 34 if a nomination has been made at the primary election for an
 36 35 office in which a vacancy has been filled by appointment, the
 37  1 office shall be filled at the next general election, and not
 37  2 at any special election in the same political subdivision.
 37  3    Sec. 81.  Section 275.12, subsections 3 and 4, Code
 37  4 Supplement 2001, are amended to read as follows:
 37  5    3.  If the petition proposes the division of the school
 37  6 district into director districts, the boundaries of the
 37  7 proposed director districts shall not be described in the
 37  8 petition and shall be drawn until the question is approved by
 37  9 the voters.  If the question is approved by the voters, the
 37 10 directors of the new school district shall draw the boundaries
 37 11 of the director districts according to the standards described
 37 12 in section 275.23A, subsection 1.  Following adoption by the
 37 13 school board, the plan shall be submitted to the state
 37 14 commissioner of elections for approval.
 37 15    4.  The area education agency board in reviewing the
 37 16 petition as provided in sections 275.15 and 275.16 shall
 37 17 review the proposed method of election of school directors and
 37 18 may change or amend the plan in any manner, including the
 37 19 changing of boundaries of director districts if proposed, or
 37 20 to specify a different method of electing school directors as
 37 21 may be required by law, justice, equity, and the interest of
 37 22 the people.  In the action, the area education agency board
 37 23 shall follow the same procedure as is required by sections
 37 24 275.15 and 275.16 for other action on the petition by the area
 37 25 education agency board.  The area education agency shall
 37 26 ascertain that director district boundary lines comply with
 37 27 the provisions of section 275.23A, subsection 1, and shall
 37 28 make adjustments as necessary.
 37 29    Sec. 82.  Section 275.25, subsection 1, unnumbered
 37 30 paragraph 1, Code 2001, is amended to read as follows:
 37 31    If the proposition to establish a new school district
 37 32 carries under the method provided in this chapter, the area
 37 33 education agency administrator with whom the petition was
 37 34 filed shall give written notice of a proposed date for a
 37 35 special election for directors of the newly formed school
 38  1 district to the commissioner of elections of the county in the
 38  2 district involved in the reorganization which has the greatest
 38  3 taxable base.  The proposed date shall be as soon as possible
 38  4 pursuant to section 39.2, subsections 1 and 2, and section
 38  5 47.6, subsections 1 and 2, but not later than the third
 38  6 Tuesday in January of the calendar year in which the
 38  7 reorganization takes effect.  The election shall be conducted
 38  8 as provided in section 277.3, and nomination petitions shall
 38  9 be filed pursuant to section 277.4, except as otherwise
 38 10 provided in this subsection.  Nomination petitions shall be
 38 11 filed with the secretary of the board of the existing school
 38 12 district in which the candidate resides, signed by not less
 38 13 than ten eligible electors of the newly formed district, and
 38 14 filed not less than twenty-eight days before the date set for
 38 15 the special school election.  The school secretary of the
 38 16 board, or the secretary's designee, shall be present in the
 38 17 secretary's office until five p.m. on the final day to file
 38 18 the nomination papers.  The nomination papers shall be
 38 19 delivered to the commissioner no later than five p.m. on the
 38 20 twenty-seventh day before the election.
 38 21    Sec. 83.  Section 275.35, Code 2001, is amended to read as
 38 22 follows:
 38 23    275.35  CHANGE OF METHOD OF ELECTIONS.
 38 24    Any existing or hereafter created or enlarged school
 38 25 district may change the number of directors to either five or
 38 26 seven and may also change its method of election of school
 38 27 directors to any method authorized by section 275.12 by
 38 28 submission of a proposal, stating the proposed new method of
 38 29 election and describing the boundaries of the proposed
 38 30 director districts if any, by the school board of such
 38 31 district to the electors at any regular or special school
 38 32 election.  The school board shall notify the county
 38 33 commissioner of elections who shall publish notice of the
 38 34 election in the manner provided in section 49.53.  The
 38 35 election shall be conducted pursuant to chapters 39 to 53 by
 39  1 the county commissioner of elections.  Such proposal shall be
 39  2 adopted if it is approved by a majority of the votes cast on
 39  3 the proposition.
 39  4    If the proposal adopted by the voters requires the
 39  5 establishment of or change in director district boundaries,
 39  6 the school board shall draw the necessary boundaries within
 39  7 forty days after the date of the election.  The boundaries
 39  8 shall be drawn according to the requirements of section
 39  9 275.23A.  Following adoption by the school board, the plan
 39 10 shall be submitted to the state commissioner of elections for
 39 11 approval.
 39 12    Sec. 84.  Section 275.36, Code 2001, is amended to read as
 39 13 follows:
 39 14    275.36  SUBMISSION OF CHANGE TO ELECTORS.
 39 15    If a petition for a change in the number of directors or in
 39 16 the method of election of school directors, describing the
 39 17 boundaries of the proposed director districts, if any, signed
 39 18 by eligible electors of the school district equal in number to
 39 19 at least thirty percent of those who voted in the last
 39 20 previous annual school election in the school district, but
 39 21 not less than one hundred persons, and accompanied by
 39 22 affidavit as required by section 275.13 be is filed with the
 39 23 school board of a school district, not earlier than six months
 39 24 and not later than sixty-seven days before a regular or
 39 25 special school election pursuant to the requirements of
 39 26 section 278.2, the school board shall submit such proposition
 39 27 to the voters at the regular school election or a special
 39 28 election held not later than February 1.  The petition shall
 39 29 be accompanied by an affidavit as required by section 275.13.
 39 30 If a proposition for a change in the number of directors or in
 39 31 the method of election of school directors submitted to the
 39 32 voters under this section is rejected, it shall not be
 39 33 resubmitted to the voters of the district in substantially the
 39 34 same form within the next three years; if it is approved, no
 39 35 other proposal may be submitted to the voters of the district
 40  1 under this section within the next six years.
 40  2    If the proposal adopted by the voters requires the
 40  3 establishment of or a change in director district boundaries
 40  4 pursuant to section 275.12, subsection 2, paragraph "b", "c",
 40  5 "d", or "e", the school board shall draw the necessary
 40  6 boundaries within forty days after the date of the election.
 40  7 The boundaries shall be drawn according to the requirements of
 40  8 section 275.23A.  Following adoption by the school board, the
 40  9 plan shall be submitted to the state commissioner of elections
 40 10 for approval.  The new boundaries shall become effective on
 40 11 July 1 following approval.
 40 12    Sec. 85.  Section 275.37, Code 2001, is amended to read as
 40 13 follows:
 40 14    275.37  INCREASE IN NUMBER OF DIRECTORS.
 40 15    At the next succeeding annual school election in a district
 40 16 where the number of directors has been increased from five to
 40 17 seven, and directors are elected at large, there shall be
 40 18 elected a director to succeed each incumbent director whose
 40 19 term is expiring in that year, and two additional directors.
 40 20 Upon organizing as required by section 279.1, the newly
 40 21 elected director who received the fewest votes in the election
 40 22 shall be assigned a term of either one year or two years if
 40 23 necessary in order that as nearly as possible one-third of the
 40 24 members of the board shall be elected each year.  If some or
 40 25 all directors are elected from director districts, the board
 40 26 shall assign terms appropriate for the method of election used
 40 27 by the district.
 40 28    Sec. 86.  NEW SECTION.  275.37A  DECREASE IN NUMBER OF
 40 29 DIRECTORS.
 40 30    1.  A change from seven to five directors shall be effected
 40 31 in a district at the first regular school election after
 40 32 authorization by the voters in the following manner:
 40 33    a.  If at the first election in the district there are
 40 34 three terms expiring, one director shall be elected.  At the
 40 35 second election in that district, if two terms are expiring,
 41  1 two directors shall be elected.  At the third election in that
 41  2 district, if there are two terms expiring, two directors shall
 41  3 be elected.
 41  4    b.  If at the first election there are two terms expiring,
 41  5 no directors shall be elected.  At the second election in that
 41  6 district, if two terms are expiring, two directors shall be
 41  7 elected.  At the third election in that district, if there are
 41  8 three terms expiring, three directors shall be elected, two
 41  9 for three years and one for one year.  The newly elected
 41 10 director who received the fewest votes in the election shall
 41 11 be assigned a term of one year.
 41 12    c.  If at the first election there are two terms expiring,
 41 13 no directors shall be elected.  At the second election in that
 41 14 district, if three terms are expiring, three directors shall
 41 15 be elected, two for three years and one for two years.  The
 41 16 newly elected director who received the fewest votes in the
 41 17 election shall be assigned a term of two years.  At the third
 41 18 election in that district, if there are two terms expiring,
 41 19 two directors shall be elected.
 41 20    2.  If some or all of the directors are elected from
 41 21 director districts, the board shall devise a plan to reduce
 41 22 the number of members so that as nearly as possible one-third
 41 23 of the members of the board shall be elected each year and so
 41 24 that each district will be continuously represented.
 41 25    Sec. 87.  Section 275.55, unnumbered paragraph 1, Code
 41 26 2001, is amended to read as follows:
 41 27    The board of the school district shall call a special
 41 28 election to be held not later than forty days following the
 41 29 date of the final hearing on the dissolution proposal.  The
 41 30 special election may be held at the same time as the regular
 41 31 school election.  The proposition submitted to the voters
 41 32 residing in the school district at the special election shall
 41 33 describe each separate area to be attached to a contiguous
 41 34 school district and shall name the school district to which it
 41 35 will be attached.  In addition to the description, a map may
 42  1 be included in the summary of the question on the ballot.
 42  2    Sec. 88.  NEW SECTION.  275.57  CHANGING DIRECTOR DISTRICT
 42  3 BOUNDARIES FOLLOWING DISSOLUTION.
 42  4    1.  If a school district accepting attachments of a
 42  5 dissolved district is currently divided into director
 42  6 districts as provided in section 275.12, subsection 2,
 42  7 paragraph "b", "c", "d", or "e", the board of directors of the
 42  8 district shall draft a proposal to incorporate the newly
 42  9 received territory into existing contiguous director
 42 10 districts.  If the attached territory is contiguous to more
 42 11 than one director district, the board may divide the territory
 42 12 and attach it to more than one director district.  If
 42 13 necessary to comply with the population equality standards
 42 14 prescribed in section 275.23A, the board shall redraw the
 42 15 boundaries of all director districts according to the
 42 16 standards provided in section 275.23A, subsection 1,
 42 17 paragraphs "a", "c", and "d".
 42 18    2.  A public hearing on the proposed changes to director
 42 19 districts shall be held no later than May 15 following the
 42 20 dissolution.  Not less than ten nor more than twenty days
 42 21 before the public hearing, the board shall publish notice of
 42 22 the time and place of the hearing.
 42 23    3.  The final plan for the assignment of attached lands and
 42 24 any other boundary changes made shall be adopted by resolution
 42 25 of the board.  The resolution shall contain a legal
 42 26 description of the new director district boundaries and a map
 42 27 of the director district boundaries changed by the resolution.
 42 28 A copy of the resolution shall be filed with the county
 42 29 commissioners of elections of each county in which a portion
 42 30 of the school district is located.  The resolution shall also
 42 31 be filed with the state commissioner of elections not later
 42 32 than June 15.  The boundary changes shall take effect upon
 42 33 approval by the state commissioner of elections for the next
 42 34 regular school election, but not later than July 1.
 42 35    Sec. 89.  Section 277.23, Code 2001, is amended to read as
 43  1 follows:
 43  2    277.23  DIRECTORS – NUMBER – CHANGE.
 43  3    In any district including all or part of a city of fifteen
 43  4 thousand or more population and in any district in which the
 43  5 voters have authorized seven directors, the board shall
 43  6 consist of seven members; in all other districts the board
 43  7 shall consist of five members.
 43  8    A change from five to seven directors shall be effected in
 43  9 a district at the first regular election after authorization
 43 10 by the voters or when a district becomes wholly or in part
 43 11 within a city of fifteen thousand population or more in the
 43 12 following manner:  If the term of one director of the five-
 43 13 member board expires at the time of said regular election,
 43 14 three directors shall be elected to serve until the third
 43 15 regular election thereafter; if the terms of two directors
 43 16 expire at the time of said regular election, three directors
 43 17 shall be elected to serve until the third regular election
 43 18 thereafter and one director shall be elected to serve a term
 43 19 the expiration of which coincides with the expiration of the
 43 20 term of the director heretofore singly elected described in
 43 21 section 275.37.
 43 22    Sec. 90.  Section 278.1, subsection 8, Code 2001, is
 43 23 amended to read as follows:
 43 24    8.  Authorize a change in the method of conducting
 43 25 elections or in the number of directors as provided in
 43 26 sections 275.35 and 275.36.  If a proposition submitted to the
 43 27 voters under this subsection or subsection 7 is rejected, it
 43 28 may not be resubmitted to the voters of the district in
 43 29 substantially the same form within the next three years; if it
 43 30 is approved, no other proposal may be submitted to the voters
 43 31 of the district under this subsection or subsection 7 within
 43 32 the next six years.  The establishment or abandonment of
 43 33 director districts or a change in the boundaries of director
 43 34 districts shall be implemented as prescribed in section
 43 35 275.37.
 44  1    Sec. 91.  Section 279.6, unnumbered paragraph 2, Code 2001,
 44  2 is amended to read as follows:
 44  3    However, A vacancy shall be filled at the next regular
 44  4 school election if a member of a school board resigns from the
 44  5 board prior to the time for filing nomination papers for
 44  6 office as a school board member, as provided in section 277.4,
 44  7 not later than forty-five days before the election and the
 44  8 notice of resignation specifies in the resignation that the
 44  9 resignation will be an effective on the date at the beginning
 44 10 of the next term of office for elective school officials
 44 11 begins, the.  The president of the board shall declare the
 44 12 office vacant as of that the date and nomination of the next
 44 13 organizational meeting.  Nomination papers shall be received
 44 14 for the unexpired term of the resigning member.  The person
 44 15 elected at the next regular school election to fill the
 44 16 vacancy shall take office at the same time and place as the
 44 17 other elected school board members.
 44 18    Sec. 92.  Section 296.3, Code 2001, is amended to read as
 44 19 follows:
 44 20    296.3  ELECTION CALLED.
 44 21    The Within ten days of receipt of a petition filed under
 44 22 section 296.2, the president of the board of directors, within
 44 23 ten days of receipt of a petition under section 296.2, shall
 44 24 call a meeting of the board which shall.  The meeting shall be
 44 25 held within thirty days after the petition was received.  At
 44 26 the meeting, the board shall call the election, fixing the
 44 27 time of the election, which may be at the time and place of
 44 28 holding the regular school election, unless.  However, if the
 44 29 board determines by unanimous vote that the proposition or
 44 30 propositions requested by a petition to be submitted at an
 44 31 election are grossly unrealistic or contrary to the needs of
 44 32 the school district, no election shall be called.  If more
 44 33 than one petition has been received by the time the board
 44 34 meets to consider the petition triggering the meeting, the
 44 35 board shall act upon the petitions in the order they were
 45  1 received at the meeting called to consider the initial
 45  2 petition.  The decision of the board may be appealed to the
 45  3 state board of education as provided in chapter 290.  The
 45  4 president shall notify the county commissioner of elections of
 45  5 the time of the election.
 45  6    Sec. 93.  Section 331.207, subsection 2, Code 2001, is
 45  7 amended to read as follows:
 45  8    2.  The petition shall be filed with the auditor county
 45  9 commissioner by January June 1 of a general election an odd-
 45 10 numbered year, subject to subsection 5.  The special election
 45 11 shall be held at least one hundred days before the primary
 45 12 election within sixty days after the day the petition was
 45 13 received.  Notice of the special election shall be published
 45 14 once each week for three successive weeks in an official
 45 15 newspaper of the county, shall state the representation plans
 45 16 to be submitted to the electors, and shall state the date of
 45 17 the special election which shall be held not less than five
 45 18 nor more than twenty days from the date of last publication.
 45 19    Sec. 94.  Section 331.207, Code 2001, is amended by adding
 45 20 the following new subsection:
 45 21    NEW SUBSECTION.  4A.  If the plan adopted by a plurality of
 45 22 the ballots cast in the special election represents a change
 45 23 from plan "one" to plan "two" or "three", or from plan "two"
 45 24 to plan "three", as each plan is defined in section 331.206,
 45 25 the temporary county redistricting commission shall divide the
 45 26 county into districts as provided in sections 331.209 and
 45 27 331.210.  The plan shall be completed not later than September
 45 28 15 following the special election and shall be submitted to
 45 29 the state commissioner of elections.  The plan shall become
 45 30 effective January 1.
 45 31    Sec. 95.  Section 331.651, subsection 1, unnumbered
 45 32 paragraph 1, Code 2001, is amended to read as follows:
 45 33    The office of sheriff is an elective office except that.
 45 34 However, if a vacancy occurs in the office, the first deputy
 45 35 shall assume the office after qualifying as provided in this
 46  1 section and.  The first deputy shall hold the office until a
 46  2 successor is appointed or elected to the unexpired term as
 46  3 provided in chapter 69.  If a sheriff is suspended from
 46  4 office, the district court may appoint a sheriff until a
 46  5 temporary appointment is made by the board as provided in
 46  6 section 66.19.
 46  7    Sec. 96.  Section 336.2, unnumbered paragraphs 3, 4, and 5,
 46  8 Code Supplement 2001, are amended to read as follows:
 46  9    The board of supervisors of each county and the city
 46 10 council of each city containing area within the proposed
 46 11 district shall submit the proposition question to the
 46 12 registered voters within their respective counties and cities
 46 13 at any the next general or primary election, provided said
 46 14 election occurs.  The petition shall be filed not less than
 46 15 forty eighty-two days after the filing of the petition before
 46 16 the election.
 46 17    A library district shall be established if a majority of
 46 18 the electors voting on the proposition question and residing
 46 19 in the proposed library district favor its establishment.
 46 20    The result of the election within cities maintaining a free
 46 21 public library shall be considered separately, and no city
 46 22 shall be included within the library district unless a
 46 23 majority of its electors voting on the proposition question
 46 24 favor its inclusion.  In such cases the boundaries of an
 46 25 established district may vary from those of the proposed
 46 26 district.
 46 27    Sec. 97.  Section 336.16, unnumbered paragraph 4, Code
 46 28 Supplement 2001, is amended to read as follows:
 46 29    A library district may be terminated if a majority of the
 46 30 electors of the unincorporated area of the county and the
 46 31 cities included in the library district voting on the issue
 46 32 favor the termination.  The election shall be held upon motion
 46 33 of the board of supervisors and simultaneously with a primary,
 46 34 general, or other county election.  If the vote favors
 46 35 termination, the termination shall be effective on the
 47  1 succeeding July 1.
 47  2    Sec. 98.  Section 336.18, subsection 2, Code Supplement
 47  3 2001, is amended to read as follows:
 47  4    2.  a.  Contracts shall provide for the amount to be
 47  5 contributed.  They may, by mutual consent of the contracting
 47  6 parties, be terminated at any time.  They may also be
 47  7 terminated by a majority of the voters represented by either
 47  8 of the contracting parties, voting on a proposition the
 47  9 question to terminate which shall be submitted by the
 47 10 governing body upon a written petition of eligible electors in
 47 11 a number not less than five percent of those who voted in the
 47 12 area for president of the United States or governor at the
 47 13 last general election.
 47 14    b.  The proposition question may be submitted at any
 47 15 election provided by law which covers the area of the unit
 47 16 seeking to terminate the contract.  The petition shall be
 47 17 presented to the governing body not less than forty ten days
 47 18 before the last day candidates may file nomination petitions
 47 19 for the election at which the question is to be submitted.
 47 20    Sec. 99.  Section 336.18, subsection 4, paragraphs a, b,
 47 21 and c, Code Supplement 2001, are amended to read as follows:
 47 22    a.  Eligible electors of that part of any county outside of
 47 23 cities in a number of not less than twenty-five percent of
 47 24 those in the area who voted for president of the United States
 47 25 or governor at the last general election may petition the
 47 26 board of supervisors to submit the proposition question of
 47 27 requiring the board to provide library service for them and
 47 28 their area by contract as provided by this section.
 47 29    b.  The board of supervisors shall submit the proposition
 47 30 question to the voters of the county residing outside of
 47 31 cities at the next general election, primary or general,
 47 32 provided that the petition has been.  The petition shall be
 47 33 filed not less than forty ten days prior to the date of before
 47 34 the last day candidates may file nomination petitions for the
 47 35 election at which the question is to be submitted.
 48  1    c.  If a majority of those voting upon the proposition
 48  2 question favors it, the board of supervisors shall within
 48  3 thirty days appoint a board of library trustees from residents
 48  4 of the petitioning area.  Vacancies shall be filled by the
 48  5 board.
 48  6    Sec. 100.  Section 346.27, subsection 10, Code 2001, is
 48  7 amended to read as follows:
 48  8    10.  After the incorporation of an authority, and before
 48  9 the sale of any issue of revenue bonds, except refunding
 48 10 bonds, the authority shall submit in a single countywide call
 48 11 an election to the registered voters of the city and county,
 48 12 at a general, primary, or special election called for that
 48 13 purpose, decide the question of whether an the authority shall
 48 14 issue and sell revenue bonds, stating.  The ballot shall state
 48 15 the amount, for any of the bonds and the purposes for which it
 48 16 the authority is incorporated.  Registered voters of the city
 48 17 and the unincorporated area of the county shall be entitled to
 48 18 vote on the question.  The question may be submitted at a
 48 19 general election or at a special election.  An affirmative
 48 20 vote of a majority of the votes cast on the proposition
 48 21 question is required to authorize the issuance and sale of
 48 22 revenue bonds.
 48 23    PARAGRAPH DIVIDED.  A In addition to the notice required by
 48 24 section 49.53, a notice of the election shall be published
 48 25 once each week for at least two weeks in some newspaper
 48 26 published in the county stating the date of the election, the
 48 27 hours the polls will be open, and a copy of the question.  The
 48 28 notice shall name the time when the question shall be
 48 29 submitted, and a copy of the question to be submitted shall be
 48 30 posted at each polling place during the day of election.  The
 48 31 authority shall call this election with the concurrence of
 48 32 both incorporating units, and it shall establish the voting
 48 33 precincts and polling places, and appoint the election judges,
 48 34 and in so doing such election procedures shall be.  The
 48 35 election shall be conducted by the commissioner in accordance
 49  1 with the provisions of chapters 49 and 50.
 49  2    Sec. 101.  Section 346.27, subsection 25, Code 2001, is
 49  3 amended to read as follows:
 49  4    25.  When all bonds issued by an authority have been
 49  5 retired, the authority may convey the title to the property
 49  6 owned by the authority to the incorporating units in
 49  7 accordance with the provisions therefor contained in the
 49  8 articles of incorporation, or, if none,.  If articles of
 49  9 incorporation do not exist, the conveyance may be made in
 49 10 accordance with any agreement adopted by the respective
 49 11 governing bodies of the incorporating units, and the
 49 12 authority.
 49 13    PARAGRAPH DIVIDED.  The proposition question of whether a
 49 14 conveyance shall be made shall be submitted to the legal
 49 15 registered voters of the city and the unincorporated area of
 49 16 the county, utilizing the election procedures provided for
 49 17 bond issues, and an.  An affirmative vote equal to at least a
 49 18 majority of the total votes cast on the proposition question
 49 19 shall be required to authorize the conveyance.  If the
 49 20 proposition question does not carry, the authority shall
 49 21 continue to operate, maintain, and manage the building under a
 49 22 lease arrangement with the incorporating units.
 49 23    Sec. 102.  Section 359.17, Code Supplement 2001, is amended
 49 24 to read as follows:
 49 25    359.17  TRUSTEES – DUTIES – MEETINGS.
 49 26    The board of township trustees in each township shall
 49 27 consist of three registered voters of the township.  However,
 49 28 in townships with a taxable valuation for property tax
 49 29 purposes of two hundred fifty million dollars or more, the
 49 30 board of township trustees shall consist of five registered
 49 31 voters of the township.  The trustees shall act as fence
 49 32 viewers and shall perform other duties assigned them by law.
 49 33 The board of trustees shall meet not less than two times a
 49 34 year.  At least one of the meetings shall be scheduled to meet
 49 35 the requirements of section 359.49.
 50  1    Sec. 103.  Section 372.9, subsection 2, Code 2001, is
 50  2 amended to read as follows:
 50  3    2.  When a charter is filed, the council and mayor shall
 50  4 notify the county commissioner of elections to publish notice
 50  5 containing the full text of the proposed home rule charter, a
 50  6 description of any other form of government being presented to
 50  7 the voters, and the date of the election, and to conduct the
 50  8 election.  The notice shall be published at least twice in the
 50  9 manner provided in section 362.3, except that the publications
 50 10 must occur within sixty days of the filing of the home rule
 50 11 charter, with a two-week interval between each publication.
 50 12 The council shall provide copies of a proposed charter for
 50 13 public distribution by the city clerk.
 50 14    Sec. 104.  Section 372.13, subsection 2, paragraph b, Code
 50 15 2001, is amended to read as follows:
 50 16    b.  By a special election held to fill the office for the
 50 17 remaining balance of the unexpired term.  If the council opts
 50 18 for a special election or a valid petition is filed under
 50 19 paragraph "a", the special election may be held concurrently
 50 20 with any pending election as provided by section 69.12 if by
 50 21 so doing the vacancy will be filled not more than ninety days
 50 22 after it occurs.  Otherwise, a special election to fill the
 50 23 office shall be called at the earliest practicable date.  If
 50 24 there are concurrent vacancies on the council and the
 50 25 remaining council members do not constitute a quorum of the
 50 26 full membership, a special election shall be called at the
 50 27 earliest practicable date.  The council shall give the county
 50 28 commissioner at least sixty days' written notice of the date
 50 29 chosen for the special election.  The council of a city where
 50 30 a primary election may be required shall give the county
 50 31 commissioner at least eighty-five days' written notice of the
 50 32 date chosen for the special election.  A special election held
 50 33 under this subsection is subject to sections 376.4 through
 50 34 376.11, but the dates for actions in relation to the special
 50 35 election shall be calculated with regard to the date for which
 51  1 the special election is called.
 51  2    Sec. 105.  Section 376.2, unnumbered paragraph 2, Code
 51  3 2001, is amended to read as follows:
 51  4    Except as otherwise provided by state law or the city
 51  5 charter, terms for elective offices are two years.  However,
 51  6 the term of an elective office may be changed to two or four
 51  7 years by petition and election.  Upon receipt of a valid
 51  8 petition as defined in section 362.4, requesting that the term
 51  9 of an elective office be changed, the council shall submit the
 51 10 question at a special city election to be held within sixty
 51 11 days after the petition is received.  The special election
 51 12 shall be held more than ninety days before the regular city
 51 13 election if the change shall go into effect at the next
 51 14 regular city election.  If a majority of the persons voting at
 51 15 the special election approves the changed term, it becomes
 51 16 effective at the beginning of the term following the next
 51 17 regular city election.  If a majority does not approve the
 51 18 changed term, the council shall not submit the same proposal
 51 19 to the voters within the next four years.
 51 20    Sec. 106.  Section 376.6, unnumbered paragraph 2, Code
 51 21 2001, is amended to read as follows:
 51 22    Each city clerk shall certify to the commissioner of
 51 23 elections responsible under section 47.2 for conducting
 51 24 elections for that city the type of nomination process to be
 51 25 used for the city no later than seventy-seven ninety days
 51 26 before the date of the regular city election.  If the city has
 51 27 by ordinance chosen a runoff election or has chosen to have
 51 28 nominations made in the manner provided by chapter 44 or 45,
 51 29 or has repealed nomination provisions under those sections in
 51 30 preference for the primary election method, a copy of the city
 51 31 ordinance shall be attached.  No changes in the method of
 51 32 nomination to be used in a city shall be made after the clerk
 51 33 has filed the certification with the commissioner, unless the
 51 34 change will not take effect until after the next regular city
 51 35 election.
 52  1    Sec. 107.  Section 394.2, unnumbered paragraph 1, Code
 52  2 2001, is amended to read as follows:
 52  3    It shall not be necessary to submit to the voters the
 52  4 proposition of issuing bonds for refunding purposes, but prior
 52  5 to the issuance of bonds for other purposes the council shall
 52  6 submit to the voters of the city at a general election or a
 52  7 regular municipal city election the proposition of issuing the
 52  8 bonds.  Notice of the election on the proposition of issuing
 52  9 bonds shall be published as required by section 49.53.  The
 52 10 notice shall also state whether or not an admission fee is to
 52 11 be charged by the zoo or zoological gardens.
 52 12    Sec. 108.  Section 400.1, unnumbered paragraph 1, Code
 52 13 2001, is amended to read as follows:
 52 14    In cities having a population of eight thousand or over and
 52 15 having a paid fire department or a paid police department, the
 52 16 mayor, one year after a regular municipal city election, with
 52 17 the approval of the council, shall appoint three civil service
 52 18 commissioners who shall hold office, one until the first
 52 19 Monday in April of the second year, one until the first Monday
 52 20 in April of the third year, and one until the first Monday in
 52 21 April of the fourth year after such appointment, whose
 52 22 successors shall be appointed for a term of four years.  In
 52 23 cities having a population of more than one hundred thousand,
 52 24 the city council may establish, by ordinance, the number of
 52 25 civil service commissioners at not less than three.
 52 26    Sec. 109.  Section 400.3, unnumbered paragraph 2, Code
 52 27 2001, is amended to read as follows:
 52 28    Whenever If the city council appoints a commission, it the
 52 29 city council may, by ordinance, abolish it the commission, and
 52 30 the commission shall stand abolished sixty days from the date
 52 31 of the ordinance and the powers and duties of the commission
 52 32 shall revert to the city council except whenever a city having
 52 33 a population of less than eight thousand provides for the
 52 34 appointment of a civil service commission, it the city council
 52 35 may by ordinance abolish such office, but said the ordinance
 53  1 shall not take effect until it the ordinance has been
 53  2 submitted to the voters at a regular municipal city election
 53  3 and approved by a majority of the voters at such election.
 53  4 The ordinance shall be published once each week for two
 53  5 consecutive weeks preceding the date of said the election in a
 53  6 newspaper published in and having a general circulation in
 53  7 said the city.  In the event there is no If a newspaper is not
 53  8 published in such city, publication may be made in any
 53  9 newspaper having general circulation in the county.
 53 10    Sec. 110.  Section 422A.1, unnumbered paragraph 4, Code
 53 11 Supplement 2001, is amended to read as follows:
 53 12    A city or county shall impose a hotel and motel tax or
 53 13 increase the tax rate, only after an election at which a
 53 14 majority of those voting on the question favors imposition or
 53 15 increase.  However, a hotel and motel tax shall not be
 53 16 repealed or reduced in rate if obligations are outstanding
 53 17 which are payable as provided in section 422A.2, unless funds
 53 18 sufficient to pay the principal, interest, and premium, if
 53 19 any, on the outstanding obligations at and prior to maturity
 53 20 have been properly set aside and pledged for that purpose.
 53 21 The election shall be held at the time of that city's the
 53 22 regular city election or the county's general election or at
 53 23 the time of a special election.
 53 24    Sec. 111.  Section 422E.2, subsection 4, paragraph b,
 53 25 unnumbered paragraph 1, Code Supplement 2001, is amended by
 53 26 striking the unnumbered paragraph and inserting in lieu
 53 27 thereof the following:
 53 28    Within ten days of the election at which a majority of
 53 29 those voting on the question favors the imposition, repeal, or
 53 30 change in the rate of the tax, the county auditor shall give
 53 31 written notice of the result of the election by sending a copy
 53 32 of the abstract of the votes from the favorable election to
 53 33 the director of revenue and finance.  Election costs shall be
 53 34 apportioned among school districts within the county on a pro
 53 35 rata basis in proportion to the number of registered voters in
 54  1 each school district who reside within the county and the
 54  2 total number of registered voters within the county.
 54  3    Sec. 112.  Section 602.8102, subsection 15, Code Supplement
 54  4 2001, is amended to read as follows:
 54  5    15.  Monthly, notify the county commissioner of
 54  6 registration and the state registrar of voters of persons
 54  7 seventeen and one-half years of age and older who have been
 54  8 convicted of a felony during the preceding calendar month or
 54  9 persons who at any time during the preceding calendar month
 54 10 have been legally declared to be mentally a person who is
 54 11 incompetent to vote as that term is defined in section 48A.2.
 54 12    Sec. 113.  Section 633.556, subsection 1, Code 2001, is
 54 13 amended to read as follows:
 54 14    1.  If the allegations of the petition as to the status of
 54 15 the proposed ward and the necessity for the appointment of a
 54 16 guardian are proved by clear and convincing evidence, the
 54 17 court may appoint a guardian.  If the court appoints a
 54 18 guardian based upon mental incapacity of the proposed ward
 54 19 because the proposed ward is a person described in section
 54 20 222.2, subsection 4, the court shall make a separate
 54 21 determination as to the ward's competency to vote.  The court
 54 22 shall find a ward incompetent to vote only upon determining
 54 23 that the person lacks sufficient mental capacity to comprehend
 54 24 and exercise the right to vote.
 54 25    Sec. 114.  Sections 52.30, 62.5, and 62.8, Code 2001, are
 54 26 repealed.
 54 27    Sec. 115.  EFFECTIVE AND APPLICABILITY DATE.  This Act
 54 28 takes effect January 1, 2003, and applies to elections held on
 54 29 or after that date.  
 54 30 
 54 31 
 54 32                                                             
 54 33                               BRENT SIEGRIST
 54 34                               Speaker of the House
 54 35 
 55  1 
 55  2                                                             
 55  3                               MARY E. KRAMER
 55  4                               President of the Senate
 55  5 
 55  6    I hereby certify that this bill originated in the House and
 55  7 is known as House File 2472, Seventy-ninth General Assembly.
 55  8 
 55  9 
 55 10                                                             
 55 11                               MARGARET THOMSON
 55 12                               Chief Clerk of the House
 55 13 Approved                , 2002
 55 14 
 55 15 
 55 16                            
 55 17 THOMAS J. VILSACK
 55 18 Governor
     
Text: HF02471                           Text: HF02473
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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