Text: HSB00017                          Text: HSB00019
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 18

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.2, subsection 1, unnumbered
  1  2 paragraph 2, Code 2001, is amended to read as follows:
  1  3    A special election shall not be held in conjunction with
  1  4 the primary election.  A special election shall not be held in
  1  5 conjunction with a school election unless the special election
  1  6 is for a school district or community college.  A special
  1  7 election shall not be held in conjunction with a regularly
  1  8 scheduled or special city primary or city runoff election.
  1  9    Sec. 2.  Section 39.3, Code 2001, is amended by adding the
  1 10 following new subsection:
  1 11    NEW SUBSECTION.  17.  "Written" and "in writing" may
  1 12 include any mode of representing words or letters in general
  1 13 use.  A signature, when required by law, must be made by the
  1 14 writing or markings of the person whose signature is required.
  1 15 If a person is unable due to a physical disability to make a
  1 16 written signature or mark, that person may substitute either
  1 17 of the following in lieu of a signature required by law:
  1 18    a.  The name of the person with a disability written by
  1 19 another upon the request and in the presence of the person
  1 20 with a disability.
  1 21    b.  A rubber stamp reproduction of the name or facsimile of
  1 22 the actual signature of the person with a disability when
  1 23 adopted by that person for all purposes requiring a signature
  1 24 and then only when affixed by that person or another upon the
  1 25 request and in the presence of the person with a disability.
  1 26    Sec. 3.  NEW SECTION.  39.5  ELECTIONS AUTHORIZED.
  1 27    The commissioner shall conduct only elections authorized or
  1 28 required by state law.
  1 29    Sec. 4.  NEW SECTION.  39.26  CANDIDATE QUALIFICATIONS.
  1 30    Any person seeking election to an elective office under the
  1 31 laws of this state shall be an eligible elector at the time of
  1 32 any election at which the person's name appears on the ballot.
  1 33    Sec. 5.  NEW SECTION.  39.27  QUALIFICATIONS FOR PUBLIC
  1 34 OFFICE.
  1 35    Any person elected to an office under the laws of this
  2  1 state shall be an eligible elector.  At the time an elected
  2  2 official takes office the official shall be a resident of the
  2  3 state, district, county, township, city, or ward by or for
  2  4 which the person was elected, or in which the duties of the
  2  5 office are to be exercised.  An elected official shall
  2  6 continue to be a resident of the state, district, county,
  2  7 township, city, or ward by or for which the person was
  2  8 elected, or in which the duties of the office are to be
  2  9 exercised for the duration of the term of office.  This
  2 10 section shall not apply to United States senators or
  2 11 representatives in Congress or to members of the general
  2 12 assembly.
  2 13    Sec. 6.  Section 43.14, Code 2001, is amended by striking
  2 14 the section and inserting in lieu thereof the following:
  2 15    43.14  FORM OF NOMINATION PAPERS.
  2 16    1.  Nomination papers shall include a petition and an
  2 17 affidavit of candidacy.  All nomination petitions shall be
  2 18 eight and one-half by eleven inches in size and in
  2 19 substantially the form prescribed by the state commissioner of
  2 20 elections.  They shall include or provide spaces for the
  2 21 following information:
  2 22    a.  A statement identifying the signers of the petition as
  2 23 eligible electors of the appropriate county or legislative
  2 24 district and of the state.
  2 25    b.  The name of the candidate nominated by the petition.
  2 26    c.  For nomination petitions for candidates for the general
  2 27 assembly, a statement that the residence of the candidate is
  2 28 within the appropriate legislative district, or if that is not
  2 29 true that the candidate will reside there within sixty days
  2 30 before the election.  For other offices, a statement of the
  2 31 name of the county where the candidate resides.
  2 32    d.  The political party with which the candidate is a
  2 33 registered voter.
  2 34    e.  The office sought by the candidate, including the
  2 35 district number, if any.
  3  1    f.  The date of the primary election for which the
  3  2 candidate is nominated.
  3  3    Signatures on a petition page shall be counted only if the
  3  4 required information is written or printed at the top of the
  3  5 page.  Nomination papers on behalf of candidates for seats in
  3  6 the general assembly need only designate the number of the
  3  7 senatorial or representative district, as appropriate, and not
  3  8 the county or counties, in which the candidate and the
  3  9 petitioners reside.  A signature line shall not be counted if
  3 10 the line lacks the signature of the eligible elector and the
  3 11 signer's address and city.  The person examining the petition
  3 12 shall mark any deficiencies on the petition and affidavit.
  3 13    2.  Signed nomination petitions and the signed and
  3 14 notarized affidavit of candidacy shall not be altered to
  3 15 correct deficiencies noted during examination.  If the
  3 16 nomination petition lacks a sufficient number of acceptable
  3 17 signatures, the nomination petition shall be rejected and
  3 18 shall be returned to the candidate.
  3 19    The nomination papers shall be rejected if the affidavit
  3 20 lacks any of the following:
  3 21    a.  The candidate's name.
  3 22    b.  The name of the office sought, including the district,
  3 23 if any.
  3 24    c.  The political party name.
  3 25    d.  The signature of the candidate.
  3 26    e.  The signature of a notary public or other officer
  3 27 empowered to witness oaths.
  3 28    The candidate may replace a deficient affidavit with a
  3 29 corrected affidavit only if the replacement affidavit is filed
  3 30 before the filing deadline.  The candidate may resubmit a
  3 31 nomination petition that has been rejected by adding a
  3 32 sufficient number of pages or signatures to correct the
  3 33 deficiency.  A nomination petition and affidavit filed to
  3 34 replace rejected nomination papers shall be filed together
  3 35 before the deadline for filing.
  4  1    Sec. 7.  Section 43.15, subsection 4, Code 2001, is amended
  4  2 to read as follows:
  4  3    4.  When more than one sheet is used, the sheets shall be
  4  4 neatly arranged and securely fastened together before filing,
  4  5 and shall be considered one nomination paper petition.
  4  6    Sec. 8.  Section 43.27, Code 2001, is amended to read as
  4  7 follows:
  4  8    43.27  PRINTING OF BALLOTS.
  4  9    The ballots of each political party shall be printed in
  4 10 black ink, on separate sheets of paper, uniform in color,
  4 11 quality, texture, and size, with the name of the political
  4 12 party printed at the head of said ballots, which ballots shall
  4 13 be prepared by the commissioner in the same manner as for the
  4 14 general election, except as in this chapter provided.  The
  4 15 commissioner may print the ballots for each political party
  4 16 using a different color for each party.  If colored paper is
  4 17 used, all of the ballots for each separate party shall be
  4 18 uniform in color.
  4 19    Sec. 9.  Section 43.45, Code 2001, is amended by striking
  4 20 the section and inserting in lieu thereof the following:
  4 21    43.45  CANVASS OF VOTES.
  4 22    1.  Upon the closing of the polls the precinct election
  4 23 officials shall immediately publicly canvass the vote.  The
  4 24 canvass shall be conducted using the procedures established in
  4 25 subsection 2 or 3, whichever is appropriate for the voting
  4 26 system used in the precinct.
  4 27    2.  In precincts where paper ballots are used, precinct
  4 28 election officials shall do all of the following:
  4 29    a.  Place the ballots of the several political parties in
  4 30 separate piles.
  4 31    b.  Separately count the ballots of each party, and make
  4 32 the correct entries thereof on the tally sheets.
  4 33    c.  Certify to the number of votes cast upon the ticket of
  4 34 each political party for each candidate for each office.
  4 35    d.  Place the ballots cast on behalf of each of the parties
  5  1 in separate envelopes.  Seal each envelope and place the
  5  2 signature of all board members of the precinct across the seal
  5  3 of the envelope so that it cannot be opened without breaking
  5  4 the seal.
  5  5    e.  On the outside of each envelope enter the number of
  5  6 ballots cast by each party in the precinct and contained in
  5  7 the envelope.
  5  8    f.  Seal the tally sheets and certificates of the precinct
  5  9 election officials in an envelope on the outside of which are
  5 10 written or printed the names of the several political parties
  5 11 with the names of the candidates for the different offices
  5 12 under their party name, and opposite each candidate's name
  5 13 enter the number of votes cast for such candidate in the
  5 14 precinct.
  5 15    g.  Enter on the envelope the total number of voters of
  5 16 each party who cast ballots in the precinct.
  5 17    h.  Communicate the results in the manner required by
  5 18 section 50.11, to the commissioner of the county in which the
  5 19 polls are located, who shall remain on duty until the results
  5 20 are communicated to the commissioner from each polling place
  5 21 in the county.
  5 22    3.  In precincts where voting machines are used, precinct
  5 23 election officials shall do all of the following:
  5 24    a.  Close the machines to prevent additional voting, and
  5 25 print the results for the precinct.
  5 26    b.  Tabulate all write-in votes.  If necessary, add the
  5 27 votes, including write-in votes, from all machines to obtain
  5 28 the total number of votes cast in the precinct by the members
  5 29 of each political party for each office on the ballot.
  5 30    c.  Put any forms used by voters to cast write-in votes in
  5 31 an envelope with one copy of the printed results from each
  5 32 voting machine.  Seal the envelope and place the signature of
  5 33 all board members of the precinct across the seal of the
  5 34 envelope so that it cannot be opened without breaking the
  5 35 seal.
  6  1    d.  On the outside of the envelope enter the number of
  6  2 voters from each party in the precinct.  Report the number of
  6  3 votes cast for each office by the voters of each political
  6  4 party.  A copy of the printed tape from the voting machine may
  6  5 be used to report vote totals.
  6  6    e.  Communicate the results to the commissioner in the
  6  7 manner required by section 50.11.  The commissioner shall
  6  8 remain on duty until the results are communicated to the
  6  9 commissioner from each polling place in the county.
  6 10    4.  In precincts where electronic voting systems are used
  6 11 and ballots are counted in the precinct, precinct election
  6 12 officials shall do all of the following:
  6 13    a.  Close and secure the ballot reader to prevent the
  6 14 insertion of additional ballots.
  6 15    b.  Print the results for the precinct.
  6 16    c.  Open the ballot container.  Secure all ballots counted
  6 17 by the vote-tabulating device.  Sort the remaining ballots by
  6 18 party.  Tally all write-in votes and any other ballots not yet
  6 19 counted.  Record the results in the tally list.
  6 20    d.  Put all ballots in an envelope or other package and
  6 21 seal it.  All members of the board shall sign their names
  6 22 across the seal of the envelope.  The seal shall be placed so
  6 23 that the envelope or package cannot be opened without breaking
  6 24 the seal.
  6 25    5.  In precincts where electronic voting systems are used
  6 26 and ballots are counted at a central location, precinct
  6 27 election officials shall follow the procedures in section
  6 28 52.32.
  6 29    Sec. 10.  Section 43.48, Code 2001, is amended to read as
  6 30 follows:
  6 31    43.48  ELECTOR MAY ASCERTAIN VOTE CAST.
  6 32    Any elector of the county shall have the right, before the
  6 33 day fixed for canvassing the returns, to ascertain the vote
  6 34 cast for any candidate in any precinct in the county, as shown
  6 35 on the outside of the envelope containing the tally list or on
  7  1 printed reports from voting machines or electronic voting
  7  2 systems.
  7  3    Sec. 11.  Section 44.4, unnumbered paragraph 1, Code 2001,
  7  4 is amended to read as follows:
  7  5    Nominations made pursuant to this chapter and chapter 45
  7  6 which are required to be filed in the office of the state
  7  7 commissioner shall be filed in that office not more than
  7  8 ninety-nine days nor later than five p.m. on the eighty-first
  7  9 day before the date of the general election to be held in
  7 10 November.  Nominations made for a special election called
  7 11 pursuant to section 69.14 shall be filed by five p.m. not less
  7 12 than twenty-five days before the date of an election called
  7 13 upon at least forty days' notice and not less than fourteen
  7 14 days before the date of an election called upon at least
  7 15 eighteen days' notice.  Nominations made for a special
  7 16 election called pursuant to section 69.14A shall be filed by
  7 17 five p.m. not less than twenty twenty-five days before the
  7 18 date of the election.  Nominations made pursuant to this
  7 19 chapter and chapter 45 which are required to be filed in the
  7 20 office of the commissioner shall be filed in that office not
  7 21 more than ninety-two days nor later than five p.m. on the
  7 22 sixty-ninth day before the date of the general election.
  7 23 Nominations made pursuant to this chapter or chapter 45 for
  7 24 city office shall be filed not more than seventy-two days nor
  7 25 later than five p.m. on the forty-seventh day before the city
  7 26 election with the city clerk, who shall process them as
  7 27 provided by law.
  7 28    Sec. 12.  NEW SECTION.  45.5  FORM OF NOMINATION PAPERS.
  7 29    Nomination papers shall include a petition and an affidavit
  7 30 of candidacy.  All nomination petitions shall be eight and
  7 31 one-half by eleven inches in size and shall be in
  7 32 substantially the form prescribed by the state commissioner of
  7 33 elections.  They shall provide spaces for the following
  7 34 information:
  7 35    1.  A statement identifying the signers of the petition as
  8  1 eligible electors of the appropriate county or legislative
  8  2 district and of the state of Iowa.
  8  3    2.  The name of the candidate nominated by the petition.
  8  4    3.  A statement that the candidate is a resident of the
  8  5 appropriate ward, city, county, school district, or
  8  6 legislative or other district as required by section 45.1.
  8  7    4.  The office sought by the candidate, including the
  8  8 district number, if any.
  8  9    5.  The name and date of the election for which the
  8 10 candidate is nominated.
  8 11    Signatures on a petition page shall be counted only if the
  8 12 required information is written or printed at the top of the
  8 13 page.  Nomination papers on behalf of candidates for seats in
  8 14 the general assembly need only designate the number of the
  8 15 senatorial or representative district, as appropriate, and not
  8 16 the county or counties, in which the candidate and the
  8 17 petitioners reside.  Signature lines on the nomination
  8 18 petitions shall not be counted if the line lacks the signature
  8 19 of the eligible elector and the signer's address and city.
  8 20 The person examining the petition shall mark any deficiencies
  8 21 on the petition.
  8 22    The pages of the petition shall be securely fastened
  8 23 together to form a single bundle.  Nomination petitions that
  8 24 are not bound shall be returned without further examination.
  8 25 The state commissioner shall prescribe by rule the acceptable
  8 26 methods for binding nomination petitions.
  8 27    Signed nomination petitions and the signed and notarized
  8 28 affidavit of candidacy shall not be altered to correct
  8 29 deficiencies noted during the examination.  If the nomination
  8 30 petition lacks a sufficient number of acceptable signatures,
  8 31 the nomination papers shall be rejected and returned to the
  8 32 candidate.
  8 33    The nomination papers shall be rejected if the affidavit
  8 34 lacks any of the following:
  8 35    a.  The candidate's name.
  9  1    b.  The name of the office sought, including the district,
  9  2 if any.
  9  3    c.  The signature of the candidate.
  9  4    d.  The signature of a notary public or other officer
  9  5 empowered to witness oaths.
  9  6    The candidate may replace a deficient affidavit with a
  9  7 corrected one only if the replacement is filed before the
  9  8 filing deadline.  The candidate may resubmit a nomination
  9  9 petition that has been rejected by adding a sufficient number
  9 10 of pages or signatures to correct the deficiency.  A
  9 11 nomination petition and affidavit filed to replace rejected
  9 12 nomination papers shall be filed together before the deadline
  9 13 for filing.
  9 14    Sec. 13.  NEW SECTION.  45.6  REQUIREMENTS IN SIGNING.
  9 15    The following requirements shall be observed in the signing
  9 16 and preparation of nomination petitions:
  9 17    1.  A signer may sign nomination petitions for more than
  9 18 one candidate for the same office, and the signature is not
  9 19 invalid solely because the signer signed nomination petitions
  9 20 for one or more other candidates for the office.
  9 21    2.  Each signer shall add the signer's residence, with
  9 22 street and number.
  9 23    3.  All signers, for all nominations, of each separate part
  9 24 of a nomination petition, shall reside in the appropriate
  9 25 ward, city, county, school district, or legislative or other
  9 26 district as required by section 45.1.
  9 27    4.  When more than one sheet is used, the sheets shall be
  9 28 neatly arranged and securely fastened together before filing,
  9 29 and shall be considered one nomination petition.  Nomination
  9 30 petitions which are not securely fastened together shall be
  9 31 returned to the candidate or the candidate's designee without
  9 32 examination.  The state commissioner shall prescribe by rule
  9 33 the acceptable methods for binding nomination petitions.
  9 34    5.  Only one candidate shall be petitioned for or nominated
  9 35 in the same nomination petition, except for the offices of
 10  1 governor and lieutenant governor, and president and vice
 10  2 president.
 10  3    Sec. 14.  Section 48A.9, subsection 2, Code 2001, is
 10  4 amended to read as follows:
 10  5    2.  The commissioner's office shall be open from eight a.m.
 10  6 until at least five p.m. on the day registration closes before
 10  7 each regularly scheduled election.  However, if the last day
 10  8 to register to vote for a regularly scheduled election falls
 10  9 on the day after Thanksgiving, the deadline shall be the
 10 10 following Monday.
 10 11    Sec. 15.  Section 48A.27, subsection 4, paragraph c,
 10 12 unnumbered paragraph 2, Code 2001, is amended to read as
 10 13 follows:
 10 14    The notice shall be sent by forwardable mail, and shall
 10 15 include a postage paid preaddressed return card on which the
 10 16 registered voter may state the registered voter's current
 10 17 address.  The notice shall contain a statement in
 10 18 substantially the following form:  "Information received from
 10 19 the United States postal service indicates that you are no
 10 20 longer a resident of, and therefore not eligible to vote in
 10 21 (name of county) County, Iowa.  If this information is not
 10 22 correct, and you still live in (name of county) County, please
 10 23 complete and mail the attached postage paid card at least ten
 10 24 days before the primary or general election and at least
 10 25 eleven days before any other election at which you wish to
 10 26 vote.  If the information is correct and you have moved,
 10 27 please contact a local official in your new area for
 10 28 assistance in registering there.  If you do not mail in the
 10 29 card, you may be required to show identification proving your
 10 30 residence in (name of county) County before being allowed to
 10 31 vote in (name of county) County.  If you do not return the
 10 32 card, and you do not vote in an election in (name of county)
 10 33 County, Iowa, on or before (date of second general election
 10 34 following the date of the notice) your name will be removed
 10 35 from the list of voters in that county.  To ensure you receive
 11  1 this notice, it is being sent to both your most recent
 11  2 registration address and to your new address as reported by
 11  3 the postal service."
 11  4    Sec. 16.  Section 48A.28, subsection 3, unnumbered
 11  5 paragraph 2, Code 2001, is amended to read as follows:
 11  6    The form and language of the confirmation notice and return
 11  7 card shall be specified by the state voter registration
 11  8 commission by rule.
 11  9    Sec. 17.  Section 48A.29, subsection 3, unnumbered
 11 10 paragraph 2, Code 2001, is amended to read as follows:
 11 11    The notice shall be sent by forwardable mail, and shall
 11 12 include a postage paid preaddressed return card on which the
 11 13 registered voter may state the registered voter's current
 11 14 address.  The notice shall contain a statement in
 11 15 substantially the following form:  "Information received by
 11 16 this office indicates that you are no longer a resident of
 11 17 (residence address) in (name of county) County, Iowa.  If the
 11 18 information is not correct, and you still live at that
 11 19 address, please complete and mail the attached postage paid
 11 20 card at least ten days before the primary or general election
 11 21 and at least eleven days before any other election at which
 11 22 you wish to vote.  If the information is correct, and you have
 11 23 moved within the county, you may update your registration by
 11 24 listing your new address on the card and mailing it back.  If
 11 25 you have moved outside the county, please contact a local
 11 26 official in your new area for assistance in registering there.
 11 27 If you do not mail in the card, you may be required to show
 11 28 identification proving your residence in (name of county)
 11 29 County before being allowed to vote in (name of county)
 11 30 County.  If you do not return the card, and you do not vote in
 11 31 some election in (name of county) County, Iowa, on or before
 11 32 (date of second general election following the date of the
 11 33 notice) your name will be removed from the list of registered
 11 34 voters in that county."
 11 35    Sec. 18.  Section 48A.30, subsection 1, paragraph a,  Code
 12  1 2001, is amended to read as follows:
 12  2    a.  The registered voter dies.  For the purposes of this
 12  3 subsection, the commissioner may accept as evidence of death a
 12  4 notice from the state registrar of vital statistics forwarded
 12  5 by the state registrar of voters, a written statement from a
 12  6 member of the registered voter's household, an obituary in a
 12  7 newspaper, a written statement from an election official, or a
 12  8 notice from the clerk of the district court in county recorder
 12  9 of the county where the registered voter died.
 12 10    Sec. 19.  Section 49.30, subsection 1, Code 2001, is
 12 11 amended to read as follows:
 12 12    1.  Where special paper ballots are used, if it is not
 12 13 possible to include all offices and public measures on a
 12 14 single ballot, separate ballots may be provided for township
 12 15 offices, nonpartisan offices, judges, or public measures.
 12 16    Sec. 20.  Section 49.31, subsection 2, Code 2001, is
 12 17 amended by adding the following new unnumbered paragraph:
 12 18    NEW UNNUMBERED PARAGRAPH.  On the general election ballot
 12 19 the names of candidates for the nonpartisan offices listed in
 12 20 section 39.21 shall be arranged by drawing lots for position.
 12 21 The board of supervisors shall hold the drawing at its first
 12 22 meeting following the deadline for receipt of objections and
 12 23 withdrawals by candidates for the general election.
 12 24    Sec. 21.  Section 49.57, subsection 4, Code 2001, is
 12 25 amended to read as follows:
 12 26    4.  On ballots that will be counted by electronic
 12 27 tabulating equipment, ballots shall include a voting target
 12 28 next to the name of each candidate.  The position, shape, and
 12 29 size of the targets shall be appropriate for the equipment to
 12 30 be used in counting the votes.  Where paper ballots are used,
 12 31 a square, the sides of which shall not be less than one-fourth
 12 32 of an inch in length, may be printed at the beginning of each
 12 33 line in which the name of a candidate is printed, except as
 12 34 otherwise provided.
 12 35    Sec. 22.  Section 49.64, Code 2001, is amended to read as
 13  1 follows:
 13  2    49.64  NUMBER OF BALLOTS DELIVERED.
 13  3    The commissioner shall cause ballots of the kind to be
 13  4 voted in each precinct, to be delivered deliver to the
 13  5 precinct election officials as follows:  in general elections
 13  6 which are presidential elections seventy-five ballots for
 13  7 every fifty votes, or fraction thereof, cast in said precinct
 13  8 at the last preceding general election which was also a
 13  9 presidential election; and in general elections which are not
 13 10 presidential elections, seventy-five ballots for every fifty
 13 11 votes, or fraction thereof, cast therein at the last preceding
 13 12 general election which was not a presidential election a
 13 13 sufficient number of ballots of each kind to be voted in the
 13 14 precinct.  In determining the number of ballots, the
 13 15 commissioner shall take into consideration the number of
 13 16 active and inactive registered voters in the precinct, the
 13 17 number of people who voted in the precinct in previous similar
 13 18 elections, the number of contested and uncontested races on
 13 19 the ballot, public measures appearing on the ballot, and the
 13 20 local political conditions that may affect participation in
 13 21 the election.
 13 22    Sec. 23.  Section 49.70, Code 2001, is amended to read as
 13 23 follows:
 13 24    49.70  PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS.
 13 25    The commissioner shall cause copies of the foregoing
 13 26 instructions to be printed in large, clear type, under the
 13 27 heading of "Card of Instructions for Voters", and shall
 13 28 furnish the precinct election officials with a sufficient
 13 29 number of such cards instructions as will enable them to
 13 30 comply with section 49.71.
 13 31    Sec. 24.  Section 49.73, subsection 1, paragraph b, Code
 13 32 2001, is amended to read as follows:
 13 33    b.  Any election conducted for a city of three thousand
 13 34 five hundred or less population, including a local option
 13 35 sales and services tax election conducted pursuant to section
 14  1 422B.1.  At elections conducted pursuant to chapter 422B,
 14  2 contiguous cities shall have the same voting hours.
 14  3    Sec. 25.  Section 49.73, subsection 1, Code 2001, is
 14  4 amended by adding the following new paragraph:
 14  5    NEW PARAGRAPH.  e.  The unincorporated area of any county
 14  6 voting on a local option sales and services tax pursuant to
 14  7 section 422B.1.
 14  8    Sec. 26.  Section 49.79, Code 2001, is amended to read as
 14  9 follows:
 14 10    49.79  CHALLENGES.
 14 11    Any person offering to vote may be challenged as
 14 12 unqualified by any precinct election official or elector; and
 14 13 it registered voter.  It is the duty of each official to
 14 14 challenge any person offering to vote whom the official knows
 14 15 or suspects is not duly qualified.  A ballot shall be received
 14 16 from a voter who is challenged, but only in accordance with
 14 17 section 49.81.
 14 18    Sec. 27.  Section 49.81, subsection 2, unnumbered paragraph
 14 19 2, Code 2001, is amended to read as follows:
 14 20    Your qualifications as a registered voter have been
 14 21 challenged for the following reasons:  
 14 22    I.  ....................
 14 23    II.  ...................
 14 24    III.  ..................
 14 25 Your right to vote will be reviewed by the special precinct
 14 26 counting board on .......  You have the right and are
 14 27 encouraged to make a written statement and submit additional
 14 28 written evidence to this board supporting your qualifications
 14 29 as a registered voter.  This written statement and evidence
 14 30 may be given to an election official of this precinct on
 14 31 election day or mailed or delivered to the county commissioner
 14 32 of elections, but must be received prior to noon before .....
 14 33 a.m./p.m. on ...... at .......  If your ballot is not counted
 14 34 you will receive notification of this fact.
 14 35    Sec. 28.  Section 49.96, Code 2001, is amended to read as
 15  1 follows:
 15  2    49.96  OFFICES WITH MORE THAN ONE PERSON TO BE ELECTED.
 15  3    Where more than one person is to be elected to the same
 15  4 office at the same election, and all of the candidates for
 15  5 that office for whom the voter desires to vote were nominated
 15  6 by the political party or nonparty political organization for
 15  7 which the voter has marked a straight party or organization
 15  8 vote, the voter need not otherwise indicate the vote for that
 15  9 office.  However, if a voter who has marked a straight party
 15 10 or organization ticket also marks the voting targets next to
 15 11 the names of one or more candidates of the same party or
 15 12 organization, only the votes cast separately for individual
 15 13 candidates for that office shall be counted.  If the voter
 15 14 wishes to vote for candidates who were nominated by different
 15 15 political parties or nonparty political organizations, the
 15 16 voter must mark the voting target for each candidate the voter
 15 17 has chosen, whether or not the voter has also marked a
 15 18 straight party or organization vote.
 15 19    Sec. 29.  Section 50.11, Code 2001, is amended to read as
 15 20 follows:
 15 21    50.11  PROCLAMATION OF RESULT.
 15 22    When the canvass is completed one of the precinct election
 15 23 officials shall publicly announce the total number of votes
 15 24 received by each of the persons voted for, the office for
 15 25 which the person is designated, as announced by the designated
 15 26 tally keepers, and the number of votes for, and the number of
 15 27 votes against, any proposition which shall have been submitted
 15 28 to a vote of the people, and the.  A precinct election
 15 29 official shall communicate said information the election
 15 30 results by telephone or telegraph or in person to the
 15 31 commissioner who is conducting the election immediately upon
 15 32 completion of the canvass; and the.
 15 33    Election results may be transmitted electronically from
 15 34 voting equipment to the commissioner's office only after the
 15 35 precinct election officials have produced a written report of
 16  1 the election results.  The devices used for the electronic
 16  2 transmission of election results shall be approved for use by
 16  3 the board of examiners pursuant to section 52.41.  The state
 16  4 commissioner of elections shall adopt rules establishing
 16  5 procedures for the electronic transmission of election
 16  6 results.
 16  7    The commissioner shall remain on duty until such
 16  8 information is communicated to the commissioner from each
 16  9 polling place in the commissioner's county.
 16 10    Sec. 30.  Section 50.12, Code 2001, is amended to read as
 16 11 follows:
 16 12    50.12  RETURN AND PRESERVATION OF BALLOTS.
 16 13    Immediately after making the proclamation, and before
 16 14 separating, the board members of each precinct in which votes
 16 15 have been received by paper ballot shall enclose in an
 16 16 envelope or other container all ballots which have been
 16 17 counted by them, except those endorsed "Rejected as double",
 16 18 "Defective", or "Objected to", and securely seal the envelope.
 16 19 The signatures of all board members of the precinct shall be
 16 20 placed across the seal or the opening of the container so that
 16 21 it cannot be opened without breaking the seal.  The precinct
 16 22 election officials shall return all the ballots to the
 16 23 commissioner, who shall carefully preserve them for six
 16 24 months.  Ballots from elections for federal offices shall be
 16 25 preserved for twenty-two months.  The sealed packages
 16 26 containing voted ballots shall be opened only for an official
 16 27 recount authorized by section 50.48, 50.49, or 50.50, for an
 16 28 election contest held pursuant to chapters 57 through 62, or
 16 29 to destroy the ballots pursuant to section 50.19.
 16 30    Sec. 31.  Section 50.48, subsection 2, unnumbered paragraph
 16 31 1, Code 2001, is amended to read as follows:
 16 32    The candidate requesting a recount under this section shall
 16 33 post a bond, unless the abstracts prepared pursuant to section
 16 34 50.24, or section 43.49 in the case of a primary election,
 16 35 indicate that the difference between the total number of votes
 17  1 cast for the apparent winner and the total number of votes
 17  2 cast for the candidate requesting the recount is less than the
 17  3 greater of fifty votes or one percent of the total number of
 17  4 votes cast for the office or nomination in question.  If a
 17  5 recount is requested for an office to which more than one
 17  6 person was elected, the vote difference calculations shall be
 17  7 made using the difference between the number of votes received
 17  8 by the person requesting the recount and the number of votes
 17  9 received by the apparent winner who received the fewest votes.
 17 10 Where votes cast for that office or nomination were canvassed
 17 11 in more than one county, the abstracts prepared by the county
 17 12 boards in all of those counties shall be totaled for purposes
 17 13 of this subsection.  If a bond is required, it shall be filed
 17 14 with the state commissioner for recounts involving a state
 17 15 office, including a seat in the general assembly, or a seat in
 17 16 the United States Congress, and with the commissioner
 17 17 responsible for conducting the election in all other cases,
 17 18 and shall be in the following amount:
 17 19    Sec. 32.  Section 50.49, unnumbered paragraph 4, Code 2001,
 17 20 is amended to read as follows:
 17 21    The petitioners requesting the recount shall post a bond as
 17 22 required by section 50.48, subsection 2.  The amount of the
 17 23 bond shall be one thousand dollars for a public measure
 17 24 appearing on the ballot statewide or one hundred dollars for
 17 25 any other public measure.  If the difference between the
 17 26 affirmative and negative votes cast on the public measure is
 17 27 less than the greater of fifty votes or one percent of the
 17 28 total number of votes cast for and against the question, a
 17 29 bond is not required.  If approval by sixty percent of the
 17 30 votes cast is required for adoption of the public measure, no
 17 31 bond is required if the difference between sixty percent of
 17 32 the total votes cast for and against the question and the
 17 33 number of votes cast for the losing side is less than the
 17 34 greater of fifty votes or one percent of the total number of
 17 35 votes cast.
 18  1    Sec. 33.  Section 50.50, unnumbered paragraph 1, Code 2001,
 18  2 is amended to read as follows:
 18  3    The commissioner who was responsible for conducting an
 18  4 election may request an administrative recount when the
 18  5 commissioner suspects that voting equipment used in the
 18  6 election malfunctioned or that programming errors may have
 18  7 affected the outcome of the election, or if the precinct
 18  8 election officials report counting errors to the commissioner
 18  9 after the conclusion of the canvass of votes in the precinct.
 18 10 An administrative recount shall be conducted by the board of
 18 11 the special precinct established by section 53.23.  Bond shall
 18 12 not be required for an administrative recount.  The state
 18 13 commissioner may adopt rules for administrative recounts.
 18 14    Sec. 34.  Section 52.37, subsection 1, Code 2001, is
 18 15 amended to read as follows:
 18 16    1.  The sealed ballot container from each precinct shall be
 18 17 delivered to the counting center by two of the election
 18 18 officials of that precinct, not members of the same political
 18 19 party, who shall travel together in the same vehicle and shall
 18 20 have the container under their immediate joint control until
 18 21 they surrender it to the commissioner or the commissioner's
 18 22 designee in charge of the counting center.  The commissioner
 18 23 may designate two precinct election officials of different
 18 24 political parties to collect the sealed ballot containers from
 18 25 more than one precinct to deliver to the counting center.  The
 18 26 commissioner or designee shall, in the presence of the two
 18 27 precinct election officials who delivered the container, enter
 18 28 on a record kept for the purpose that the container was
 18 29 received, the time the container was received, and the
 18 30 condition of the seal upon receipt.
 18 31    In nonpartisan elections the election officials delivering
 18 32 the ballots are not required to be members of any political
 18 33 party, or to be members of different political parties.
 18 34    Sec. 35.  NEW SECTION.  52.41  ELECTRONIC TRANSMISSION OF
 18 35 ELECTION RESULTS.
 19  1    With the advice of the board of examiners for voting
 19  2 machines and electronic voting systems, the state commissioner
 19  3 shall adopt by rule standards for the examination and testing
 19  4 of devices for the electronic transmission of election
 19  5 results.  All voting systems which contain devices for the
 19  6 electronic transmission of election results submitted to the
 19  7 examiners for examination and testing after January 1, 2002,
 19  8 shall comply with these standards.
 19  9    Sec. 36.  Section 53.8, subsection 1, Code 2001, is amended
 19 10 to read as follows:
 19 11    1.  Upon receipt of an application for an absentee ballot
 19 12 and immediately after the absentee ballots are printed, the
 19 13 commissioner shall mail an absentee ballot to the applicant
 19 14 within twenty-four hours, except as otherwise provided in
 19 15 subsection 3.  The absentee ballot shall be enclosed in an
 19 16 unsealed envelope bearing a serial number and affidavit.  The
 19 17 absentee ballot and unsealed envelope shall be enclosed in or
 19 18 with a carrier envelope which bears the same serial number as
 19 19 the unsealed envelope.  The absentee ballot, unsealed
 19 20 envelope, and carrier envelope shall be enclosed in a third
 19 21 envelope to be sent to the registered voter.  If the ballot
 19 22 cannot be folded so that all of the votes cast on the ballot
 19 23 will be hidden, the commissioner shall also enclose a secrecy
 19 24 envelope with the absentee ballot.
 19 25    Sec. 37.  NEW SECTION.  53.10  ABSENTEE VOTING AT THE
 19 26 COMMISSIONER'S OFFICE.
 19 27    Not more than forty days before the date of the primary
 19 28 election or the general election, the commissioner shall
 19 29 provide facilities for absentee voting in person at the
 19 30 commissioner's office.  This service shall also be provided
 19 31 for other elections as soon as the ballots are ready, but in
 19 32 no case shall absentee ballots be available more than forty
 19 33 days before an election.
 19 34    Each person who wishes to vote by absentee ballot at the
 19 35 commissioner's office shall first sign an application for a
 20  1 ballot including the following information:  name, current
 20  2 address, and the election for which the ballot is requested.
 20  3 The person may report a change of address or other information
 20  4 on the person's voter registration record at that time.  The
 20  5 registered voter shall immediately mark the ballot, enclose
 20  6 the ballot in a secrecy envelope, if necessary, and seal it in
 20  7 a ballot envelope, subscribe to the affidavit on the reverse
 20  8 side of the envelope, and return the absentee ballot to the
 20  9 commissioner.  The commissioner shall record the numbers
 20 10 appearing on the application and ballot envelope along with
 20 11 the name of the registered voter.
 20 12    During the hours when absentee ballots are available in the
 20 13 office of the commissioner, the posting of political signs is
 20 14 prohibited within thirty feet of the absentee voting site.  No
 20 15 electioneering shall be allowed within the sight or hearing of
 20 16 voters at the absentee voting site.
 20 17    Sec. 38.  Section 53.11, unnumbered paragraph 1, Code 2001,
 20 18 is amended by striking the unnumbered paragraph.
 20 19    Sec. 39.  Section 53.11, unnumbered paragraph 2, Code 2001,
 20 20 is amended to read as follows:
 20 21    Satellite absentee voting stations shall may be established
 20 22 throughout the cities and county at the direction of the
 20 23 commissioner or and shall be established upon receipt of a
 20 24 petition signed by not less than one hundred eligible electors
 20 25 requesting that a satellite absentee voting station be
 20 26 established at a location to be described on the petition.  A
 20 27 satellite absentee voting station established by petition must
 20 28 be open at least one day for a minimum of six hours.  A
 20 29 satellite absentee voting station established at the direction
 20 30 of the commissioner or by petition may remain open until five
 20 31 p.m. on the day before the election.
 20 32    Sec. 40.  Section 53.11, Code 2001, is amended by adding
 20 33 the following new unnumbered paragraphs:
 20 34    NEW UNNUMBERED PARAGRAPH.  Procedures for absentee voting
 20 35 at satellite absentee voting stations shall be the same as
 21  1 specified in section 53.10 for voting at the commissioner's
 21  2 office.  Additional procedures shall be prescribed by rule by
 21  3 the state commissioner.
 21  4    NEW UNNUMBERED PARAGRAPH.  During the hours when absentee
 21  5 ballots are available at a satellite absentee voting station,
 21  6 the posting of political signs is prohibited within thirty
 21  7 feet of the satellite absentee voting station.  No
 21  8 electioneering shall be allowed within the sight or hearing of
 21  9 voters at the satellite absentee voting station.
 21 10    Sec. 41.  Section 53.18, Code 2001, is amended to read as
 21 11 follows:
 21 12    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
 21 13    Upon receipt of the absentee ballot, the commissioner shall
 21 14 at once record the number appearing on the application and
 21 15 return carrier envelope and time of receipt of such ballot and
 21 16 attach the elector's application to the unopened envelope.
 21 17 Absentee ballots shall be stored in a secure place until they
 21 18 are delivered to the absentee and special voters precinct
 21 19 board.
 21 20    Sec. 42.  Section 53.19, unnumbered paragraph 3, Code 2001,
 21 21 is amended to read as follows:
 21 22    However, any registered voter who has received an absentee
 21 23 ballot and not returned it, may surrender the absentee ballot
 21 24 to the precinct officials and vote in person at the polls.
 21 25 The precinct officials shall mark the uncast absentee ballot
 21 26 "void" and return it to the commissioner.  Any registered
 21 27 voter who has been sent an absentee ballot by mail but for any
 21 28 reason has not received it or who has not brought the ballot
 21 29 to the polls, may appear at the voter's precinct polling place
 21 30 on election day and sign an affidavit to that effect, after
 21 31 which the voter shall be permitted to vote in person.  Such
 21 32 voter shall cast a ballot in accordance with section 49.81.
 21 33 The form of the affidavit for use in such cases shall be
 21 34 prescribed by the state commissioner.
 21 35    Sec. 43.  Section 53.30, Code 2001, is amended to read as
 22  1 follows:
 22  2    53.30  BALLOT ENVELOPE PRESERVED.
 22  3    At the conclusion of each meeting of the absentee and
 22  4 special voter's precinct board, the board shall securely seal
 22  5 all ballots counted by them in the manner prescribed in
 22  6 section 50.12.  The ballot envelopes, including the envelope
 22  7 having the registered voter's affidavit thereon on it, the
 22  8 return carrier envelope, and secrecy envelope bearing the
 22  9 signatures of precinct election officials, as required by
 22 10 section 53.23, shall be preserved.  All applications for
 22 11 absentee ballots, ballots rejected without being opened,
 22 12 absentee ballot logs, and any other documents pertaining to
 22 13 the absentee ballot process shall be preserved until such time
 22 14 as the documents may be destroyed pursuant to section 50.19.
 22 15    Sec. 44.  Section 53.38, Code 2001, is amended to read as
 22 16 follows:
 22 17    53.38  AFFIDAVIT WHAT CONSTITUTES REGISTRATION.
 22 18    Whenever a ballot is requested pursuant to section 53.39 or
 22 19 53.45 on behalf of a voter in the armed forces of the United
 22 20 States, the affidavit upon the ballot envelope of such voter,
 22 21 if the voter is found to be an eligible elector of the county
 22 22 to which the ballot is submitted, shall constitute a
 22 23 sufficient registration under the provisions of chapter 48A
 22 24 and the.  A completed federal postcard registration and
 22 25 federal absentee ballot request form submitted by such
 22 26 eligible elector shall also constitute a sufficient
 22 27 registration under chapter 48A.  The commissioner shall place
 22 28 the voter's name on the registration record as a registered
 22 29 voter, if it does not already appear there.
 22 30    Sec. 45.  Section 53.40, unnumbered paragraph 1, Code 2001,
 22 31 is amended to read as follows:
 22 32    A request in writing for a ballot may be made by any member
 22 33 of the armed forces of the United States who is or will be a
 22 34 qualified voter on the day of the election at which the ballot
 22 35 is to be cast, at any time before the election.  Any member of
 23  1 the armed forces of the United States may request ballots for
 23  2 all elections to be held within a calendar year.  The request
 23  3 may be made by using the federal postcard application form and
 23  4 indicating that the applicant wishes to receive ballots for
 23  5 all elections as permitted by state law.  The county auditor
 23  6 commissioner shall send the applicant a ballot for each
 23  7 election held during the calendar year in which the
 23  8 application is received.  The commissioner shall forward a
 23  9 copy of the absentee ballot request to other commissioners who
 23 10 are responsible under section 47.2, subsection 2, for
 23 11 conducting elections in which the applicant is eligible to
 23 12 vote.
 23 13    Sec. 46.  Section 57.1, subsection 2, Code 2001, is amended
 23 14 by adding the following new paragraph after paragraph f and
 23 15 relettering the subsequent paragraphs:
 23 16    NEW PARAGRAPH.  g.  That the public measure or office was
 23 17 not authorized or required by state law to appear on the
 23 18 ballot at the election being contested.
 23 19    Sec. 47.  NEW SECTION.  62.5A  STATEMENT OF INTENT TO
 23 20 CONTEST.
 23 21    1.  Within twenty days after the board of supervisors
 23 22 declares a winner from the canvass of an election, the
 23 23 contestant shall file with the commissioner a written
 23 24 statement of intention to contest the election.  If a recount
 23 25 is held for the office in question, and the recount board
 23 26 finds that the winner was someone other than the person
 23 27 declared at the original canvass of votes, a contest may be
 23 28 filed within twenty days after the board of supervisors
 23 29 declares a winner from the recount of votes.
 23 30    2.  The contestant's statement shall include the following:
 23 31    a.  The name of the contestant and that the contestant is
 23 32 qualified to hold such office.
 23 33    b.  The name of the incumbent.
 23 34    c.  The office contested.
 23 35    d.  The date of the election.
 24  1    e.  The particular causes of the contest pursuant to
 24  2 section 57.1, subsection 2.  If a cause of the contest is an
 24  3 allegation that illegal votes were received or that legal
 24  4 votes were rejected, a statement shall be included setting
 24  5 forth the names of the persons who are alleged to have voted
 24  6 illegally or whose votes were rejected and the precinct where
 24  7 they voted or offered to vote.
 24  8    f.  The affidavit of the contestant, or some elector of the
 24  9 county, affirming the causes set forth are true.
 24 10    Sec. 48.  Section 69.2, Code 2001, is amended to read as
 24 11 follows:
 24 12    69.2  WHAT CONSTITUTES VACANCY.
 24 13    1.  Every civil office shall be vacant if any of the
 24 14 following events occur:
 24 15    1. a.  A failure to elect at the proper election, or to
 24 16 appoint within the time fixed by law, unless the incumbent
 24 17 holds over.
 24 18    2. b.  A failure of the incumbent or holdover officer to
 24 19 qualify within the time prescribed by law.
 24 20    3. c.  The incumbent ceasing to be a resident of the state,
 24 21 district, county, township, city, or ward by or for which the
 24 22 incumbent was elected or appointed, or in which the duties of
 24 23 the office are to be exercised. This subsection shall not
 24 24 apply to appointed city officers.
 24 25    4. d.  The resignation or death of the incumbent, or of the
 24 26 officer-elect before qualifying.
 24 27    5. e.  The removal of the incumbent from, or forfeiture of,
 24 28 the office, or the decision of a competent tribunal declaring
 24 29 the office vacant.
 24 30    6. f.  The conviction of the incumbent of a felony, an
 24 31 aggravated misdemeanor, or of any public offense involving the
 24 32 violation of the incumbent's oath of office.
 24 33    7. g.  The board of supervisors declares a vacancy in an
 24 34 elected county office upon finding that the county officer has
 24 35 been physically absent from the county for sixty consecutive
 25  1 days except in the case of a medical emergency; temporary
 25  2 active military duty; or temporary service with another
 25  3 government service, agency, or department.
 25  4    8. h.  The incumbent simultaneously holding more than one
 25  5 elective office at the same level of government.  This
 25  6 subsection does not apply to the following offices:  county
 25  7 agricultural extension council, soil and water conservation
 25  8 district commission, or regional library board of trustees.
 25  9    9. i.  An incumbent statewide elected official or member of
 25 10 the general assembly simultaneously holding more than one
 25 11 elective office.
 25 12    2.  If the status of an officeholder is in question, the
 25 13 entity or officer responsible for making an appointment to
 25 14 fill the vacancy shall decide whether a vacancy exists.  The
 25 15 appointing entity or officer may act upon its own motion.  If
 25 16 a petition signed by twenty-five registered voters of the
 25 17 jurisdiction is received, the appointing entity or officer
 25 18 shall convene within thirty days to consider whether a vacancy
 25 19 exists.  The appointing entity or officer shall publish notice
 25 20 that a public hearing will be held to determine whether a
 25 21 vacancy exists.  The notice shall include the time and place
 25 22 of the hearing and the name of the office and the officeholder
 25 23 whose status is in question.  The public hearing shall be held
 25 24 not less than four nor more than fourteen days after
 25 25 publication of the notice.  The officer whose status is in
 25 26 question shall be notified of the time and place of the
 25 27 hearing.  Notice shall be sent by certified mail and must be
 25 28 postmarked at least fourteen days before the hearing.  No
 25 29 later than seven days after the public hearing, the appointing
 25 30 entity or officer shall publish its decision.  If the
 25 31 appointing entity or officer decides that the office is
 25 32 vacant, the publication shall state the date the vacancy
 25 33 occurred and what action will be taken to fill the vacancy.
 25 34    3.  The officer against whom the judgment was rendered may
 25 35 appeal to the district court no later than twenty days after
 26  1 official publication of the decision.  However, the appeal
 26  2 will not supersede the execution of the judgment of the
 26  3 appointing entity or officer, unless the party gives a bond,
 26  4 with security to be approved by the district judge in a sum to
 26  5 be fixed by the judge.  The amount of the bond shall be at
 26  6 least double the probable compensation of such officer for six
 26  7 months, which bond shall be conditioned that the officer will
 26  8 prosecute the appeal without delay, and that, if the judgment
 26  9 appealed from is affirmed, the party will pay over to the
 26 10 successful party all compensation received by the party while
 26 11 in possession of the office after the judgment appealed from
 26 12 was rendered.  The court shall hear the appeal in equity and
 26 13 determine anew all questions arising in the case.
 26 14    4.  If, upon appeal, the judgment is affirmed, the district
 26 15 court may render judgment upon the bond for the amount of
 26 16 damages awarded against the appellant and the sureties on the
 26 17 bond.
 26 18    Sec. 49.  Section 69.12, subsection 1, paragraph a, Code
 26 19 2001, is amended to read as follows:
 26 20    a.  A vacancy shall be filled at the next pending election
 26 21 if it occurs:
 26 22    (1)  Seventy-four or more days prior to before the
 26 23 election, if it is a general or primary election.
 26 24    (2)  Fifty-two or more days prior to before the election,
 26 25 if it is a regularly scheduled or special city election.
 26 26 However, for those cities which may be required to hold a
 26 27 primary election, the vacancy shall be filled at the next
 26 28 pending election if it occurs seventy-three or more days
 26 29 before a regularly scheduled or special city election.
 26 30    (3)  Forty-five or more days prior to before the election,
 26 31 if it is a regularly scheduled school election.
 26 32    (4)  Forty or more days prior to before the election, if it
 26 33 is a special election.
 26 34    Sec. 50.  Section 69.12, subsection 1, paragraph b, Code
 26 35 2001, is amended to read as follows:
 27  1    b.  Nomination papers on behalf of candidates for a vacant
 27  2 office to be filled pursuant to paragraph "a" of this
 27  3 subsection shall be filed, in the form and manner prescribed
 27  4 by applicable law, by five o'clock p.m. on:
 27  5    (1)  The final filing date for candidates filing with the
 27  6 state commissioner or commissioner, as the case may be, for a
 27  7 general or primary election.
 27  8    (2)  The forty-seventh day prior to candidate filing
 27  9 deadline specified in section 376.4 for regularly scheduled or
 27 10 special city election.
 27 11    (3)  The fortieth day prior to before a regularly scheduled
 27 12 school election.
 27 13    (4)  The twenty-fifth day prior to before a special
 27 14 election.
 27 15    Sec. 51.  Section 69.14A, Code 2001, is amended by adding
 27 16 the following new subsection:
 27 17    NEW SUBSECTION.  4.  Notwithstanding subsections 1 and 2,
 27 18 if a nomination has been made at the primary election for an
 27 19 office in which a vacancy has been filled by appointment, the
 27 20 office shall be filled at the next general election, and not
 27 21 at any special election in the same political subdivision.
 27 22    Sec. 52.  Section 256.63, unnumbered paragraph 2, Code
 27 23 2001, is amended to read as follows:
 27 24    The votes cast in the election shall be canvassed and
 27 25 abstracts of the votes cast shall be promptly certified by the
 27 26 commissioner to the commissioner of elections who is
 27 27 responsible under section 47.2 for conducting elections for
 27 28 that regional library board district.  In each county whose
 27 29 commissioner of elections is responsible under section 47.2
 27 30 for conducting elections held for a regional library board
 27 31 district, the county board of supervisors shall convene at
 27 32 nine a.m. on the third Monday or Tuesday in November, canvass
 27 33 the abstracts of votes cast and declare the results of the
 27 34 voting.  The commissioner shall at once issue certificates of
 27 35 election to each person declared elected.
 28  1    Sec. 53.  Section 256.64, Code 2001, is amended to read as
 28  2 follows:
 28  3    256.64  TERMS.
 28  4    Regional library trustees shall take office on the first
 28  5 day of January following the general election and shall serve
 28  6 terms of four years.  A vacancy shall be filled when it occurs
 28  7 not less than ninety days before the next general election by
 28  8 appointment by the regional board for the unexpired term.  No
 28  9 trustee shall serve on a local library board or be employed by
 28 10 a library during the trustee's term of office as a regional
 28 11 library trustee.
 28 12    Sec. 54.  Section 275.12, subsections 3 and 4, Code 2001,
 28 13 are amended to read as follows:
 28 14    3.  If the petition proposes the division of the school
 28 15 district into director districts, the boundaries of the
 28 16 proposed director districts shall not be described in the
 28 17 petition and shall be drawn until the question is approved by
 28 18 the voters.  If the question is approved by the voters, the
 28 19 directors of the new school district shall draw the boundaries
 28 20 of the director districts according to the standards described
 28 21 in section 275.23A, subsection 1.  Following adoption by the
 28 22 school board, the plan shall be submitted to the state
 28 23 commissioner of elections for approval.
 28 24    4.  The area education agency board in reviewing the
 28 25 petition as provided in sections 275.15 and 275.16 shall
 28 26 review the proposed method of election of school directors and
 28 27 may change or amend the plan in any manner, including the
 28 28 changing of boundaries of director districts if proposed, or
 28 29 to specify a different method of electing school directors as
 28 30 may be required by law, justice, equity, and the interest of
 28 31 the people.  In the action, the area education agency board
 28 32 shall follow the same procedure as is required by sections
 28 33 275.15 and 275.16 for other action on the petition by the area
 28 34 education agency board.  The area education agency shall
 28 35 ascertain that director district boundary lines comply with
 29  1 the provisions of section 275.23A, subsection 1, and shall
 29  2 make adjustments as necessary.
 29  3    Sec. 55.  Section 275.25, subsection 1, unnumbered
 29  4 paragraph 1, Code 2001, is amended to read as follows:
 29  5    If the proposition to establish a new school district
 29  6 carries under the method provided in this chapter, the area
 29  7 education agency administrator with whom the petition was
 29  8 filed shall give written notice of a proposed date for a
 29  9 special election for directors of the newly formed school
 29 10 district to the commissioner of elections of the county in the
 29 11 district involved in the reorganization which has the greatest
 29 12 taxable base.  The proposed date shall be as soon as possible
 29 13 pursuant to section 39.2, subsections 1 and 2, and section
 29 14 47.6, subsections 1 and 2, but not later than the third
 29 15 Tuesday in January of the calendar year in which the
 29 16 reorganization takes effect.  The election shall be conducted
 29 17 as provided in section 277.3, and nomination petitions shall
 29 18 be filed pursuant to section 277.4, except as otherwise
 29 19 provided in this subsection.  Nomination petitions shall be
 29 20 filed with the secretary of the board of the existing school
 29 21 district in which the candidate resides, signed by not less
 29 22 than ten eligible electors of the newly formed district, and
 29 23 filed not less than twenty-eight days before the date set for
 29 24 the special school election.  The school secretary of the
 29 25 board, or the secretary's designee, shall be present in the
 29 26 secretary's office until five p.m. on the final day to file
 29 27 the nomination papers.  The nomination papers shall be
 29 28 delivered to the commissioner no later than five p.m. on the
 29 29 twenty-seventh day before the election.
 29 30    Sec. 56.  Section 275.35, Code 2001, is amended to read as
 29 31 follows:
 29 32    275.35  CHANGE OF METHOD OF ELECTIONS.
 29 33    Any existing or hereafter created or enlarged school
 29 34 district may change the number of directors to either five or
 29 35 seven and may also change its method of election of school
 30  1 directors to any method authorized by section 275.12 by
 30  2 submission of a proposal, stating the proposed new method of
 30  3 election and describing the boundaries of the proposed
 30  4 director districts if any, by the school board of such
 30  5 district to the electors at any regular or special school
 30  6 election.  The school board shall notify the county
 30  7 commissioner of elections who shall publish notice of the
 30  8 election in the manner provided in section 49.53.  The
 30  9 election shall be conducted pursuant to chapters 39 to 53 by
 30 10 the county commissioner of elections. Such proposal shall be
 30 11 adopted if it is approved by a majority of the votes cast on
 30 12 the proposition.
 30 13    If the proposal adopted by the voters requires the
 30 14 establishment of or change in director district boundaries,
 30 15 the school board shall draw the necessary boundaries within
 30 16 forty days after the date of the election.  The boundaries
 30 17 shall be drawn according to the requirements of section
 30 18 275.23A.  Following adoption by the school board, the plan
 30 19 shall be submitted to the state commissioner of elections for
 30 20 approval.
 30 21    Sec. 57.  Section 275.36, Code 2001, is amended to read as
 30 22 follows:
 30 23    275.36  SUBMISSION OF CHANGE TO ELECTORS.
 30 24    If a petition for a change in the number of directors or in
 30 25 the method of election of school directors, describing the
 30 26 boundaries of the proposed director districts, if any, signed
 30 27 by eligible electors of the school district equal in number to
 30 28 at least thirty percent of those who voted in the last
 30 29 previous annual school election in the school district, but
 30 30 not less than one hundred persons, and accompanied by
 30 31 affidavit as required by section 275.13 be is filed with the
 30 32 school board of a school district, not earlier than six months
 30 33 and not later than sixty-seven days before a regular or
 30 34 special school election pursuant to the requirements of
 30 35 section 278.2, the school board shall submit such proposition
 31  1 to the voters at the regular school election or a special
 31  2 election held not later than February 1.  The petition shall
 31  3 be accompanied by an affidavit as required by section 275.13.
 31  4 If a proposition for a change in the number of directors or in
 31  5 the method of election of school directors submitted to the
 31  6 voters under this section is rejected, it shall not be
 31  7 resubmitted to the voters of the district in substantially the
 31  8 same form within the next three years; if it is approved, no
 31  9 other proposal may be submitted to the voters of the district
 31 10 under this section within the next six years.
 31 11    If the proposal adopted by the voters requires the
 31 12 establishment of or a change in director district boundaries
 31 13 pursuant to section 275.12, subsection 2, paragraph "b", "c",
 31 14 "d", or "e", the school board shall draw the necessary
 31 15 boundaries within forty days after the date of the election.
 31 16 The boundaries shall be drawn according to the requirements of
 31 17 section 275.23A.  Following adoption by the school board, the
 31 18 plan shall be submitted to the state commissioner of elections
 31 19 for approval.  The new boundaries shall become effective on
 31 20 July 1 following approval.
 31 21    Sec. 58.  Section 275.37, Code 2001, is amended to read as
 31 22 follows:
 31 23    275.37  INCREASE IN NUMBER OF DIRECTORS.
 31 24    At the next succeeding annual school election in a district
 31 25 where the number of directors has been increased from five to
 31 26 seven, and directors are elected at large, there shall be
 31 27 elected a director to succeed each incumbent director whose
 31 28 term is expiring in that year, and two additional directors.
 31 29 Upon organizing as required by section 279.1, the newly
 31 30 elected director who received the fewest votes in the election
 31 31 shall be assigned a term of either one year or two years if
 31 32 necessary in order that as nearly as possible one-third of the
 31 33 members of the board shall be elected each year.  If some or
 31 34 all directors are elected from director districts, the board
 31 35 shall assign terms appropriate for the method of election used
 32  1 by the district.
 32  2    Sec. 59.  NEW SECTION.  275.37A  DECREASE IN NUMBER OF
 32  3 DIRECTORS.
 32  4    1.  A change from seven to five directors shall be effected
 32  5 in a district at the first regular school election after
 32  6 authorization by the voters in the following manner:
 32  7    a.  If at the first election in the district there are
 32  8 three terms expiring, one director shall be elected.  At the
 32  9 second election in that district, if two terms are expiring,
 32 10 two directors shall be elected.  At the third election in that
 32 11 district, if there are two terms expiring, two directors shall
 32 12 be elected.
 32 13    b.  If at the first election there are two terms expiring,
 32 14 no directors shall be elected.  At the second election in that
 32 15 district, if two terms are expiring, two directors shall be
 32 16 elected.  At the third election in that district, if there are
 32 17 three terms expiring, three directors shall be elected, two
 32 18 for three years and one for one year.  The newly elected
 32 19 director who received the fewest votes in the election shall
 32 20 be assigned a term of one year.
 32 21    c.  If at the first election there are two terms expiring,
 32 22 no directors shall be elected.  At the second election in that
 32 23 district, if three terms are expiring, three directors shall
 32 24 be elected, two for three years and one for two years.  The
 32 25 newly elected director who received the fewest votes in the
 32 26 election shall be assigned a term of two years.  At the third
 32 27 election in that district, if there are two terms expiring,
 32 28 two directors shall be elected.
 32 29    2.  If some or all of the directors are elected from
 32 30 director districts, the board shall devise a plan to reduce
 32 31 the number of members so that as nearly as possible one-third
 32 32 of the members of the board shall be elected each year and so
 32 33 that each district will be continuously represented.
 32 34    Sec. 60.  Section 275.55, unnumbered paragraph 1, Code
 32 35 2001, is amended to read as follows:
 33  1    The board of the school district shall call a special
 33  2 election to be held not later than forty days following the
 33  3 date of the final hearing on the dissolution proposal.  The
 33  4 special election may be held at the same time as the regular
 33  5 school election.  The proposition submitted to the voters
 33  6 residing in the school district at the special election shall
 33  7 describe each separate area to be attached to a contiguous
 33  8 school district and shall name the school district to which it
 33  9 will be attached.  In addition to the description, a map may
 33 10 be included in the summary of the question on the ballot.
 33 11    Sec. 61.  NEW SECTION.  275.57  CHANGING DIRECTOR DISTRICT
 33 12 BOUNDARIES FOLLOWING DISSOLUTION.
 33 13    1.  If a school district accepting attachments of a
 33 14 dissolved district is currently divided into director
 33 15 districts as provided in section 275.12, subsection 2,
 33 16 paragraph "b", "c", "d", or "e", the board of directors of the
 33 17 district shall draft a proposal to incorporate the newly
 33 18 received territory into existing contiguous director
 33 19 districts.  If the attached territory is contiguous to more
 33 20 than one director district, the board may divide the territory
 33 21 and attach it to more than one director district.  If
 33 22 necessary to comply with the population equality standards
 33 23 prescribed in section 275.23A, the board shall redraw the
 33 24 boundaries of all director districts according to the
 33 25 standards provided in section 275.23A, subsection 1,
 33 26 paragraphs "a", "c", and "d".
 33 27    2.  A public hearing on the proposed changes to director
 33 28 districts shall be held no later than May 15 following the
 33 29 dissolution.  Not less than ten nor more than twenty days
 33 30 before the public hearing, the board shall publish notice of
 33 31 the time and place of the hearing.
 33 32    3.  The final plan for the assignment of attached lands and
 33 33 any other boundary changes made shall be adopted by resolution
 33 34 of the board.  The resolution shall contain a legal
 33 35 description of the new director district boundaries and a map
 34  1 of the director district boundaries changed by the resolution.
 34  2 A copy of the resolution shall be filed with the county
 34  3 commissioners of elections of each county in which a portion
 34  4 of the school district is located.  The resolution shall also
 34  5 be filed with the state commissioner of elections not later
 34  6 than June 15.  The boundary changes shall take effect upon
 34  7 approval by the state commissioner of elections for the next
 34  8 regular school election, but not later than July 1.
 34  9    Sec. 62.  Section 277.23, Code 2001, is amended to read as
 34 10 follows:
 34 11    277.23  DIRECTORS – NUMBER – CHANGE.
 34 12    In any district including all or part of a city of fifteen
 34 13 thousand or more population and in any district in which the
 34 14 voters have authorized seven directors, the board shall
 34 15 consist of seven members; in all other districts the board
 34 16 shall consist of five members.
 34 17    A change from five to seven directors shall be effected in
 34 18 a district at the first regular election after authorization
 34 19 by the voters or when a district becomes wholly or in part
 34 20 within a city of fifteen thousand population or more in the
 34 21 following manner:  If the term of one director of the five-
 34 22 member board expires at the time of said regular election,
 34 23 three directors shall be elected to serve until the third
 34 24 regular election thereafter; if the terms of two directors
 34 25 expire at the time of said regular election, three directors
 34 26 shall be elected to serve until the third regular election
 34 27 thereafter and one director shall be elected to serve a term
 34 28 the expiration of which coincides with the expiration of the
 34 29 term of the director heretofore singly elected described in
 34 30 section 275.37.
 34 31    Sec. 63.  Section 278.1, subsection 8, Code 2001, is
 34 32 amended to read as follows:
 34 33    8.  Authorize a change in the method of conducting
 34 34 elections or in the number of directors as provided in
 34 35 sections 275.35 and 275.36.  If a proposition submitted to the
 35  1 voters under this subsection or subsection 7 is rejected, it
 35  2 may not be resubmitted to the voters of the district in
 35  3 substantially the same form within the next three years; if it
 35  4 is approved, no other proposal may be submitted to the voters
 35  5 of the district under this subsection or subsection 7 within
 35  6 the next six years.  The establishment or abandonment of
 35  7 director districts or a change in the boundaries of director
 35  8 districts shall be implemented as prescribed in section
 35  9 275.37.
 35 10    Sec. 64.  Section 279.6, unnumbered paragraph 2, Code 2001,
 35 11 is amended to read as follows:
 35 12    However, A vacancy shall be filled at the next regular
 35 13 school election if a member of a school board resigns from the
 35 14 board prior to the time for filing nomination papers for
 35 15 office as a school board member, as provided in section 277.4,
 35 16 not later than forty-five days before the election and the
 35 17 notice of resignation specifies in the resignation that the
 35 18 resignation will be an effective on the date at the beginning
 35 19 of the next term of office for elective school officials
 35 20 begins, the.  The president of the board shall declare the
 35 21 office vacant as of that the date and nomination of the next
 35 22 organizational meeting.  Nomination papers shall be received
 35 23 for the unexpired term of the resigning member.  The person
 35 24 elected at the next regular school election to fill the
 35 25 vacancy shall take office at the same time and place as the
 35 26 other elected school board members.
 35 27    Sec. 65.  Section 296.3, Code 2001, is amended to read as
 35 28 follows:
 35 29    296.3  ELECTION CALLED.
 35 30    The Within ten days of receipt of a petition filed under
 35 31 section 296.2, the president of the board of directors, within
 35 32 ten days of receipt of a petition under section 296.2, shall
 35 33 call a meeting of the board which shall.  The meeting shall be
 35 34 held within thirty days after the petition was received.  At
 35 35 the meeting, the board shall call the election, fixing the
 36  1 time of the election, which may be at the time and place of
 36  2 holding the regular school election, unless.  However, if the
 36  3 board determines by unanimous vote that the proposition or
 36  4 propositions requested by a petition to be submitted at an
 36  5 election are grossly unrealistic or contrary to the needs of
 36  6 the school district, no election shall be called.  If more
 36  7 than one petition has been received by the time the board
 36  8 meets to consider the petition triggering the meeting, the
 36  9 board shall act upon the petitions in the order they were
 36 10 received at the meeting called to consider the initial
 36 11 petition.  The decision of the board may be appealed to the
 36 12 state board of education as provided in chapter 290.  The
 36 13 president shall notify the county commissioner of elections of
 36 14 the time of the election.
 36 15    Sec. 66.  Section 331.207, subsection 2, Code 2001, is
 36 16 amended to read as follows:
 36 17    2.  The petition shall be filed with the auditor county
 36 18 commissioner by January June 1 of a general election an odd-
 36 19 numbered year, subject to subsection 5.  The special election
 36 20 shall be held at least one hundred days before the primary
 36 21 election within sixty days after the day the petition was
 36 22 received.  Notice of the special election shall be published
 36 23 once each week for three successive weeks in an official
 36 24 newspaper of the county, shall state the representation plans
 36 25 to be submitted to the electors, and shall state the date of
 36 26 the special election which shall be held not less than five
 36 27 nor more than twenty days from the date of last publication.
 36 28    Sec. 67.  Section 331.207, Code 2001, is amended by adding
 36 29 the following new subsection:
 36 30    NEW SUBSECTION.  4A.  If the plan adopted by a plurality of
 36 31 the ballots cast in the special election represents a change
 36 32 from plan "one" to plan "two" or "three", or from plan "two"
 36 33 to plan "three", as each plan is defined in section 331.206,
 36 34 the temporary county redistricting commission shall divide the
 36 35 county into districts as provided in sections 331.209 and
 37  1 331.210.  The plan shall be completed not later than September
 37  2 15 following the special election and shall be submitted to
 37  3 the state commissioner of elections.  The plan shall become
 37  4 effective January 1.
 37  5    Sec. 68.  Section 331.651, subsection 1, unnumbered
 37  6 paragraph 1, Code 2001, is amended to read as follows:
 37  7    The office of sheriff is an elective office except that.
 37  8 However, if a vacancy occurs in the office, the first deputy
 37  9 shall assume the office after qualifying as provided in this
 37 10 section and.  The first deputy shall hold the office until a
 37 11 successor is appointed or elected to the unexpired term as
 37 12 provided in chapter 69.  If a sheriff is suspended from
 37 13 office, the district court may appoint a sheriff until a
 37 14 temporary appointment is made by the board as provided in
 37 15 section 66.19.
 37 16    Sec. 69.  Section 336.2, unnumbered paragraphs 3, 4, and 5,
 37 17 Code 2001, are amended to read as follows:
 37 18    The board of supervisors of each county containing area
 37 19 within the proposed district shall submit the proposition
 37 20 question to the registered voters within their respective
 37 21 counties at any the next general or primary election provided
 37 22 said election occurs.  The petition shall be filed not less
 37 23 than forty eighty-two days after the filing of the petition
 37 24 before the election.
 37 25    A county library district shall be established, if a
 37 26 majority of the electors voting on the proposition question
 37 27 and residing outside of cities maintaining a free public
 37 28 library favor it.
 37 29    The result of the election within cities maintaining a free
 37 30 public library shall be considered separately, and no city
 37 31 shall be included within the county library district unless a
 37 32 majority of its electors, voting on the proposition question,
 37 33 favor its inclusion.  In such cases the boundaries of an
 37 34 established district may vary from those of the proposed
 37 35 district.
 38  1    Sec. 70.  Section 336.16, unnumbered paragraph 4, Code
 38  2 2001, is amended to read as follows:
 38  3    A county library district may be terminated if a majority
 38  4 of the electors of the unincorporated area of the county and
 38  5 the cities included in the county library district voting on
 38  6 the issue favor the termination.  The election shall be held
 38  7 upon motion of the board of supervisors and simultaneously
 38  8 with a primary, general, or other county election.  If the
 38  9 vote favors termination, the termination shall be effective on
 38 10 the succeeding July 1.
 38 11    Sec. 71.  Section 336.18, subsection 2, Code 2001, is
 38 12 amended to read as follows:
 38 13    2.  a.  Contracts shall provide for the amount to be
 38 14 contributed.  They may, by mutual consent of the contracting
 38 15 parties, be terminated at any time.  They may also be
 38 16 terminated by a majority of the voters represented by either
 38 17 of the contracting parties, voting on a proposition the
 38 18 question to terminate which shall be submitted by the
 38 19 governing body upon a written petition of qualified voters in
 38 20 a number not less than five percent of those who voted in the
 38 21 area for president of the United States or governor at the
 38 22 last general election.
 38 23    b.  The proposition question may be submitted at any
 38 24 election provided by law which covers the area of the unit
 38 25 seeking to terminate the contract.  The petition shall be
 38 26 presented to the governing body not less than forty ten days
 38 27 before the last day candidates may file nomination petitions
 38 28 for the election at which the question is to be submitted.
 38 29    Sec. 72.  Section 336.18, subsection 4, paragraphs a, b,
 38 30 and c, Code 2001, are amended to read as follows:
 38 31    a.  Qualified electors of that part of any county outside
 38 32 of cities in a number of not less than twenty-five percent of
 38 33 those in the area who voted for president of the United States
 38 34 or governor at the last general election may petition the
 38 35 board of supervisors to submit the proposition question of
 39  1 requiring the board to provide library service for them and
 39  2 their area by contract as provided by this section.
 39  3    b.  The board of supervisors shall submit the proposition
 39  4 question to the voters of the county residing outside of
 39  5 cities at the next general election, primary or general,
 39  6 provided that the petition has been.  The petition shall be
 39  7 filed not less than forty ten days prior to the date of before
 39  8 the last day candidates may file nomination petitions for the
 39  9 election at which the question is to be submitted.
 39 10    c.  If a majority of those voting upon the proposition
 39 11 question favors it, the board of supervisors shall within
 39 12 thirty days appoint a board of library trustees from residents
 39 13 of the petitioning area.  Vacancies shall be filled by the
 39 14 board.
 39 15    Sec. 73.  Section 346.27, subsection 10, Code 2001, is
 39 16 amended to read as follows:
 39 17    10.  After the incorporation of an authority, and before
 39 18 the sale of any issue of revenue bonds, except refunding
 39 19 bonds, the authority shall submit in a single countywide call
 39 20 an election to the registered voters of the city and county,
 39 21 at a general, primary, or special election called for that
 39 22 purpose, decide the question of whether an the authority shall
 39 23 issue and sell revenue bonds, stating.  The ballot shall state
 39 24 the amount, for any of the bonds and the purposes for which it
 39 25 the authority is incorporated.  Registered voters of the city
 39 26 and the unincorporated area of the county shall be entitled to
 39 27 vote on the question.  The question may be submitted at a
 39 28 general election or at a special election.  An affirmative
 39 29 vote of a majority of the votes cast on the proposition
 39 30 question is required to authorize the issuance and sale of
 39 31 revenue bonds.
 39 32    PARAGRAPH DIVIDED.  A In addition to the notice required by
 39 33 section 49.53, a notice of the election shall be published
 39 34 once each week for at least two weeks in some newspaper
 39 35 published in the county stating the date of the election, the
 40  1 hours the polls will be open, and a copy of the question.  The
 40  2 notice shall name the time when the question shall be
 40  3 submitted, and a copy of the question to be submitted shall be
 40  4 posted at each polling place during the day of election.  The
 40  5 authority shall call this election with the concurrence of
 40  6 both incorporating units, and it shall establish the voting
 40  7 precincts and polling places, and appoint the election judges,
 40  8 and in so doing such election procedures shall be.  The
 40  9 election shall be conducted by the commissioner in accordance
 40 10 with the provisions of chapters 49 and 50.
 40 11    Sec. 74.  Section 346.27, subsection 25, Code 2001, is
 40 12 amended to read as follows:
 40 13    25.  When all bonds issued by an authority have been
 40 14 retired, the authority may convey the title to the property
 40 15 owned by the authority to the incorporating units in
 40 16 accordance with the provisions therefor contained in the
 40 17 articles of incorporation, or, if none,.  If no articles of
 40 18 incorporation exist, the conveyance may be made in accordance
 40 19 with any agreement adopted by the respective governing bodies
 40 20 of the incorporating units, and the authority.
 40 21    PARAGRAPH DIVIDED.  The proposition question of whether a
 40 22 conveyance shall be made shall be submitted to the legal
 40 23 registered voters of the city and the unincorporated area of
 40 24 the county, utilizing the election procedures provided for
 40 25 bond issues, and an.  An affirmative vote equal to at least a
 40 26 majority of the total votes cast on the proposition question
 40 27 shall be required to authorize the conveyance.  If the
 40 28 proposition question does not carry, the authority shall
 40 29 continue to operate, maintain, and manage the building under a
 40 30 lease arrangement with the incorporating units.
 40 31    Sec. 75.  Section 372.9, subsection 2, Code 2001, is
 40 32 amended to read as follows:
 40 33    2.  When a charter is filed, the council and mayor shall
 40 34 notify the county commissioner of elections to publish notice
 40 35 containing the full text of the proposed home rule charter, a
 41  1 description of any other form of government being presented to
 41  2 the voters, and the date of the election, and to conduct the
 41  3 election.  The notice shall be published at least twice in the
 41  4 manner provided in section 362.3, except that the publications
 41  5 must occur within sixty days of the filing of the home rule
 41  6 charter, with a two-week interval between each publication.
 41  7 The council shall provide copies of a proposed charter for
 41  8 public distribution by the city clerk.
 41  9    Sec. 76.  Section 372.13, subsection 2, paragraph b, Code
 41 10 2001, is amended to read as follows:
 41 11    b.  By a special election held to fill the office for the
 41 12 remaining balance of the unexpired term.  If the council opts
 41 13 for a special election or a valid petition is filed under
 41 14 paragraph "a", the special election may be held concurrently
 41 15 with any pending election as provided by section 69.12 if by
 41 16 so doing the vacancy will be filled not more than ninety days
 41 17 after it occurs.  Otherwise, a special election to fill the
 41 18 office shall be called at the earliest practicable date.  If
 41 19 there are concurrent vacancies on the council and the
 41 20 remaining council members do not constitute a quorum of the
 41 21 full membership, a special election shall be called at the
 41 22 earliest practicable date.  The council shall give the county
 41 23 commissioner at least sixty days' written notice of the date
 41 24 chosen for the special election.  The council of a city where
 41 25 a primary election may be required shall give the county
 41 26 commissioner at least eighty-five days' written notice of the
 41 27 date chosen for the special election.  A special election held
 41 28 under this subsection is subject to sections 376.4 through
 41 29 376.11, but the dates for actions in relation to the special
 41 30 election shall be calculated with regard to the date for which
 41 31 the special election is called.
 41 32    Sec. 77.  Section 376.2, unnumbered paragraph 2, Code 2001,
 41 33 is amended to read as follows:
 41 34    Except as otherwise provided by state law or the city
 41 35 charter, terms for elective offices are two years.  However,
 42  1 the term of an elective office may be changed to two or four
 42  2 years by petition and election.  Upon receipt of a valid
 42  3 petition as defined in section 362.4, requesting that the term
 42  4 of an elective office be changed, the council shall submit the
 42  5 question at a special city election to be held within sixty
 42  6 days after the petition is received.  The special election
 42  7 shall be held more than ninety days before the regular city
 42  8 election if the change shall go into effect at the next
 42  9 regular city election.  If a majority of the persons voting at
 42 10 the special election approves the changed term, it becomes
 42 11 effective at the beginning of the term following the next
 42 12 regular city election.  If a majority does not approve the
 42 13 changed term, the council shall not submit the same proposal
 42 14 to the voters within the next four years.
 42 15    Sec. 78.  Section 376.6, unnumbered paragraph 2, Code 2001,
 42 16 is amended to read as follows:
 42 17    Each city clerk shall certify to the commissioner of
 42 18 elections responsible under section 47.2 for conducting
 42 19 elections for that city the type of nomination process to be
 42 20 used for the city no later than seventy-seven ninety days
 42 21 before the date of the regular city election.  If the city has
 42 22 by ordinance chosen a runoff election or has chosen to have
 42 23 nominations made in the manner provided by chapter 44 or 45,
 42 24 or has repealed nomination provisions under those sections in
 42 25 preference for the primary election method, a copy of the city
 42 26 ordinance shall be attached.  No changes in the method of
 42 27 nomination to be used in a city shall be made after the clerk
 42 28 has filed the certification with the commissioner, unless the
 42 29 change will not take effect until after the next regular city
 42 30 election.
 42 31    Sec. 79.  Section 422A.1, unnumbered paragraph 3, Code
 42 32 2001, is amended to read as follows:
 42 33    A city or county shall impose a hotel and motel tax or
 42 34 increase the tax rate, only after an election at which a
 42 35 majority of those voting on the question favors imposition or
 43  1 increase.  However, a hotel and motel tax shall not be
 43  2 repealed or reduced in rate if obligations are outstanding
 43  3 which are payable as provided in section 422A.2, unless funds
 43  4 sufficient to pay the principal, interest, and premium, if
 43  5 any, on the outstanding obligations at and prior to maturity
 43  6 have been properly set aside and pledged for that purpose.
 43  7 The election shall be held at the time of that city's the
 43  8 regular city election or the county's general election or at
 43  9 the time of a special election.
 43 10    Sec. 80.  Sections 62.5 and 62.8, Code 2001, are repealed.
 43 11    Sec. 81.  EFFECTIVE AND APPLICABILITY DATES.  The sections
 43 12 of this Act amending Code section 43.14 and enacting Code
 43 13 sections 45.5 and 45.6 take effect January 1, 2002, and apply
 43 14 to elections held on or after that date.  
 43 15                           EXPLANATION 
 43 16    This bill makes a number of changes to the election laws of
 43 17 Iowa.
 43 18    Code section 39.2 is amended to prohibit holding other
 43 19 elections at the same time as a city primary or runoff
 43 20 elections.
 43 21    Code section 39.3 is amended to add new subsection 17,
 43 22 defining the terms "written" and "in writing" for purposes of
 43 23 election law.
 43 24    New Code section 39.5 authorizes the commissioner to
 43 25 conduct only elections that are required or allowed by state
 43 26 statute, thereby ruling out straw polls, public opinion polls,
 43 27 nonbinding referenda, and other unauthorized elections from
 43 28 being conducted as official elections.
 43 29    Code section 39.26 is amended to require all candidates for
 43 30 public office to be eligible electors at the time of election.
 43 31    Code section 39.27 is amended to require all elected
 43 32 officials, except members of the general assembly, United
 43 33 States senators, and United States representatives, to be
 43 34 eligible electors and residents of the jurisdiction they are
 43 35 elected to represent.
 44  1    Code sections 43.14 and 43.15 are amended to remove from
 44  2 the Code archaic and repetitive language currently required to
 44  3 appear on nomination petitions and provides that the state
 44  4 commissioner shall prescribe the form for the petition,
 44  5 listing the information that must be included.  Standards for
 44  6 evaluating nomination papers are also expanded to incorporate
 44  7 current practices in the state commissioner's office.  The
 44  8 amendment to Code section 43.14 takes effect January 1, 2002,
 44  9 and applies to elections held on or after that date.
 44 10    Code section 43.27 is amended to permit the county
 44 11 commissioner of elections to code ballots by color for the
 44 12 primary election.
 44 13    Code section 43.45 is amended to provide canvass procedures
 44 14 for each type of voting system in use in the state.
 44 15    Code section 43.48 is amended to add voting system
 44 16 printouts to the information required to be available to the
 44 17 public during the time period between the primary election and
 44 18 the county canvass of votes.
 44 19    Code section 44.4 is amended to conform this section to
 44 20 other filing deadlines for the same election.
 44 21    Code sections 45.5 and 45.6 are amended to provide specific
 44 22 requirements for the form of nomination petitions and
 44 23 standards for their review and rejection.  These are similar
 44 24 to the requirements of Code chapter 43 for primary elections.
 44 25 These changes take effect January 1, 2002, and apply to
 44 26 elections held on or after that date.
 44 27    Code sections 48A.27 and 48A.29 are amended to require that
 44 28 voters show a form of identification to prove identity, rather
 44 29 than to prove residence.
 44 30    Code section 48A.28 is amended to specify that the form and
 44 31 language of a voter registration confirmation notice shall be
 44 32 prescribed by rule.
 44 33    Code section 48A.30, pertaining to proof of death for
 44 34 purposes of canceling voter registration, is amended to
 44 35 correspond with a prior change in the law which made county
 45  1 recorders responsible for maintaining records of deaths in the
 45  2 county.
 45  3    Code section 49.30 is amended to allow separate ballots for
 45  4 township offices in precincts using electronic voting systems.
 45  5    Code section 49.31 is amended to require that the position
 45  6 of names of candidates for nonpartisan offices on the general
 45  7 election ballot be drawn by lot.
 45  8    Code section 49.57 is amended to remove the size
 45  9 specifications for the voting target on paper ballots.
 45 10    Code section 49.64 is amended to remove the mathematical
 45 11 formula for calculating the number of ballots to be delivered
 45 12 to polling places for primary and general elections.  The
 45 13 section is amended to permit the commissioner to make the
 45 14 decision based upon voter registration figures, previous
 45 15 turnout, the content of the ballot, and other local political
 45 16 conditions.
 45 17    Code section 49.70 is amended to change the title of the
 45 18 instructions posted in the polling places from "Card of
 45 19 Instructions" to "Instructions for Voters".
 45 20    Code section 49.73 is amended to permit the commissioner to
 45 21 shorten voting hours for cities under 3,500 population and for
 45 22 the unincorporated areas voting on local option sales tax
 45 23 elections.  The amendment to the section also provides that
 45 24 contiguous cities voting on a local option sales tax shall
 45 25 have the same hours.
 45 26    Code section 49.79 is amended to specify that a registered
 45 27 voter, rather than an elector, may challenge a voter as
 45 28 unqualified.
 45 29    Code section 49.81 changes the form of the notice issued to
 45 30 a challenged voter to provide for the fact that not all
 45 31 meetings of the special precinct board will convene at the
 45 32 same time.
 45 33    Code section 49.96 is amended to provide that if a voter
 45 34 marks a straight party or organization ticket and also marks
 45 35 the voting targets next to the names of one or more candidates
 46  1 of the same party or organization, only the votes cast
 46  2 separately for individual candidates shall be counted.
 46  3    Code section 50.11 is amended to provide for electronic
 46  4 transmission of election results from the precinct to the
 46  5 courthouse.  The amendment to the section also requires the
 46  6 state commissioner of elections to adopt rules and the board
 46  7 of examiners to approve the transmission devices.
 46  8    Code section 50.12 is amended to explicitly state that
 46  9 sealed ballot packages may not be opened except for a recount,
 46 10 election contest, or to destroy the ballots.
 46 11    Code section 50.49 is amended to provide a formula for
 46 12 recount bond calculations for public measure elections
 46 13 requiring 60 percent approval.
 46 14    Code section 50.50 is amended to add counting errors
 46 15 reported by the precinct election officials to the reasons for
 46 16 calling for an administrative recount.
 46 17    Code section 52.37 is amended to allow two couriers to pick
 46 18 up ballots for central county precincts.  The two couriers
 46 19 must be of two different political parties.  That section is
 46 20 also amended to provide that, in nonpartisan elections,
 46 21 precinct election officials are not required to be members of
 46 22 any political party or of different political parties.
 46 23    New Code section 52.41 is enacted to provide that all
 46 24 devices for the electronic transmission of election results
 46 25 submitted for examination after January 1, 2002, be approved
 46 26 by the state commissioner with the advice of the board of
 46 27 examiners for voting machines and electronic voting systems.
 46 28    Code section 53.8 is amended to require the inclusion of
 46 29 secrecy envelopes with absentee ballots delivered to voters
 46 30 unless the ballot can be folded to conceal all of the voter's
 46 31 marks.
 46 32    New Code section 53.10 is enacted to separate those Code
 46 33 provisions providing for absentee voting in the county
 46 34 commissioner's office from the provisions for satellite
 46 35 absentee voting in Code section 53.11.  The new section
 47  1 prohibits electioneering within 30 feet of the courthouse
 47  2 during absentee voting.  This prohibition currently applies
 47  3 only to satellite absentee voting stations.  The bill makes
 47  4 corresponding amendments to Code section 53.11.
 47  5    Code section 53.18 is amended to make a complete reference
 47  6 to the absentee and special voters precinct board.
 47  7    Code section 53.19 is amended to remove the requirement
 47  8 that a voter who requested, but did not receive, an absentee
 47  9 ballot sign an affidavit to that effect before being allowed
 47 10 to cast a special ballot.
 47 11    Code section 53.30 is amended to provide that the absentee
 47 12 and special voters precinct board must seal the ballots after
 47 13 counting, and specifies that all envelopes and other documents
 47 14 must be preserved.
 47 15    Code section 53.38 is amended to permit the federal
 47 16 postcard registration and absentee ballot request form to be
 47 17 used as a voter registration form in Iowa.  Currently, members
 47 18 of the military and Iowa citizens who are overseas register to
 47 19 vote when they cast absentee ballots.  This would permit the
 47 20 commissioner to add these voters to the registration rolls
 47 21 before the election, if sufficient information was supplied on
 47 22 the federal postcard registration and absentee ballot request
 47 23 form.  Military and overseas voters may request ballots for
 47 24 all elections held in a calendar year.
 47 25    Code section 53.40 is amended to require the commissioner
 47 26 of the overseas voter's residence to forward a copy of a
 47 27 voter's request for an absentee ballot to any other
 47 28 commissioner who may conduct an election in which the person
 47 29 is qualified to vote.
 47 30    Code section 57.1 is amended to add to the list of grounds
 47 31 for contesting an election that the question or office was not
 47 32 authorized or required by law to be voted upon at the election
 47 33 in question.
 47 34    Code sections 62.5 and 62.8, relating to the requirements
 47 35 for filing a statement to contest an election, are repealed
 48  1 and replaced with new Code section 62.5A.  The new section
 48  2 also provides that the deadline for contesting an election if
 48  3 a recount changes the result is 20 days after the winner of
 48  4 the recount is declared.
 48  5    Code section 69.2 is amended to provide a method for
 48  6 determining and declaring a vacancy in a local appointive or
 48  7 elective office.
 48  8    Code section 69.12 is amended to prohibit vacancies in
 48  9 office being filled at the primary election.  Other provisions
 48 10 of the Code specify that partisan offices are filled at the
 48 11 general election or at special elections.  The section is also
 48 12 amended to correct an internal reference in the Code relating
 48 13 to the candidate filing deadlines for city offices in cities
 48 14 with a primary election.
 48 15    Code section 69.14A is amended to prohibit filling a
 48 16 vacancy in a county office at a special election held between
 48 17 the primary and the general election if a nomination to fill
 48 18 that office was made at the primary election.
 48 19    Code section 256.63 is amended to permit counties to
 48 20 canvass regional library board elections at regular meetings
 48 21 of the board of supervisors.
 48 22    Code section 256.64 is amended to remove a requirement that
 48 23 vacancies on regional library boards may only be filled by
 48 24 election if the vacancy occurs less than 90 days before the
 48 25 election.  The amendment requires all vacancies to be filled
 48 26 by appointment.
 48 27    Code section 275.12 is amended to require that the director
 48 28 district boundaries, if districts are drawn, of a newly formed
 48 29 or reorganized school district be drawn after the election
 48 30 making the changes.  Current law provides that citizen
 48 31 petitioners shall draw the director district boundaries.
 48 32    Code section 275.25 is amended to make the candidate
 48 33 nomination petition requirement of new school districts the
 48 34 same as for established school districts.
 48 35    Code sections 275.35 and 275.36 are amended to remove the
 49  1 question of approval of director district boundaries from the
 49  2 election or the question of whether a school district should
 49  3 change its method of electing directors.  The amendment
 49  4 requires director or district boundaries be drawn or redrawn
 49  5 after the election approving the change in boundaries.  The
 49  6 section is also amended to require approval of the new
 49  7 boundaries by the state commissioner.
 49  8    Code section 275.37 is amended, and Code section 275.37A is
 49  9 enacted, to provide a process for the transition from five
 49 10 school board members to seven and from seven school board
 49 11 members to five.
 49 12    Code section 275.55 is amended to allow the commissioner to
 49 13 include with the summary of the question on the ballot a map
 49 14 showing the new school district boundaries of school districts
 49 15 to which portions of a dissolved district are to be attached
 49 16 if approved at the election.
 49 17    New Code section 275.57 is enacted to provide a process for
 49 18 attachment of territory received by a school district when an
 49 19 adjacent school district dissolves.
 49 20    Code sections 277.23 and 278.1 are amended to make the
 49 21 provisions of Code section 275.37 relating to implementation
 49 22 of a change to increase the number of director districts
 49 23 applicable to all changes increasing the membership of school
 49 24 boards.
 49 25    Code section 277.23 is also amended to require that a
 49 26 school district with all of a city with population of 15,000
 49 27 or more located in the district must have seven directors on
 49 28 the board.  Current law requires seven directors if only a
 49 29 part of a city with population of 15,000 or more is located in
 49 30 the district.
 49 31    Code section 279.6 is amended to provide that the deadline
 49 32 for submission of a resignation if the office is to appear on
 49 33 the ballot at the next regular school election is not later
 49 34 than 45 days before the election.
 49 35    Code section 296.3 is amended to require that, within 10
 50  1 days after receiving a petition for a bond election, the
 50  2 president of the school board call a meeting of the board to
 50  3 set an election date.  The section is also amended to require
 50  4 that the meeting be held within 30 days of receipt of the
 50  5 petition.  If more than one petition is received, the board
 50  6 must consider them in the order they were received.
 50  7    Code section 331.207 is amended to revise the schedule for
 50  8 special elections to change the method of electing members of
 50  9 the county board of supervisors.  The amendment requires that
 50 10 the petition be filed by June 1, that the election be held
 50 11 within 60 days after filing of the petition, and that a plan
 50 12 be drawn by September 15.  Current law requires that all of
 50 13 these requirements be fulfilled between January and February.
 50 14    Code section 331.651 is amended to provide that, in the
 50 15 case of a vacancy in the office of county sheriff, the first
 50 16 deputy sheriff shall hold the office of sheriff until a
 50 17 successor is appointed or elected.  Current Code provides only
 50 18 that the deputy shall serve until another sheriff is
 50 19 appointed.
 50 20    Code sections 336.2, 336.16, and 336.18 are amended to move
 50 21 the filing deadline for petitions to establish or terminate a
 50 22 county library district from 40 days before the general
 50 23 election to 82 days before the general election.  The sections
 50 24 are also amended to strike the provision permitting the
 50 25 question to establish or terminate a county library district
 50 26 to be placed on the primary election ballot.
 50 27    Code section 346.27 is amended to strike the provision
 50 28 permitting the question of issuance of county bonds and
 50 29 conveyance of title to property to be placed on the primary
 50 30 election ballot.
 50 31    Code section 372.9 is amended to provide that the full text
 50 32 of a proposed home rule charter or alternative form of
 50 33 government proposal and the date of the election on the
 50 34 charter or alternative form must be included in the published
 50 35 notice of the election.
 51  1    Code section 372.13 is amended to require the city council
 51  2 of a city with a primary election to notify the county
 51  3 commissioner of elections of the date of a special election to
 51  4 fill a vacancy in a city office at least 85 days before the
 51  5 date chosen.
 51  6    Code section 376.2 is amended to require a special election
 51  7 to change the length of the terms of elected city officers be
 51  8 held more than 90 days before the regular city election if the
 51  9 changed terms are to be effective for offices filled at that
 51 10 election.
 51 11    Code section 376.6 is amended to change the deadline for
 51 12 city clerks to notify the county auditor of the type of
 51 13 nomination process to be used for city elections.  The
 51 14 amendment changes the deadline from 77 days before the
 51 15 election to 90 days before the election.
 51 16    Code section 422A.1 is amended to refer to the regular city
 51 17 election, rather than the city general election.  
 51 18 LSB 1058DP 79
 51 19 sc/cls/14
     

Text: HSB00017                          Text: HSB00019
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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