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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1230

Bill Text

PAG LIN
  1  1    Section 1.  Section 11.6, subsection 4, paragraph c, Code
  1  2 2001, is amended to read as follows:
  1  3    c.  The auditor of state receives a petition signed by at
  1  4 least fifty eligible electors registered voters of the
  1  5 governmental subdivision requesting a complete or partial
  1  6 reaudit of the governmental subdivision.  If the governmental
  1  7 subdivision has not contracted with or employed a certified
  1  8 public accountant to perform an audit of the fiscal year in
  1  9 which the petition is received by the auditor of state, the
  1 10 auditor of state may perform an audit required by subsection 1
  1 11 or 3.
  1 12    Sec. 2.  Section 28A.5, subsection 1, unnumbered paragraph
  1 13 1, Code 2001, is amended to read as follows:
  1 14    Upon petition of eligible electors registered voters of a
  1 15 metropolitan area equal in number to at least ten percent of
  1 16 the persons who voted in the last general election held in the
  1 17 metropolitan area for the office of president of the United
  1 18 States or governor, the governing body of the county shall
  1 19 adopt a resolution signifying its intention to initiate the
  1 20 question of participating in the creation of an authority and
  1 21 shall publish the resolution at least once in a newspaper of
  1 22 general circulation in the metropolitan area giving notice of
  1 23 a hearing to be held on the question of the metropolitan
  1 24 area's entry into the authority.  The resolution shall be
  1 25 published at least fourteen days prior to the date of hearing,
  1 26 and shall contain all of the following information:
  1 27    Sec. 3.  Section 28A.25, subsection 1, Code 2001, is
  1 28 amended to read as follows:
  1 29    1.  The authority shall be dissolved only by a majority
  1 30 vote in a referendum undertaken in a manner similar to the
  1 31 referendum provided for in section 28A.6.  The board shall
  1 32 call, upon its own motion, by petition of the eligible
  1 33 electors registered voters as provided in section 28A.5, or by
  1 34 action of the governing body of either metropolitan area, for
  1 35 an election to approve or disapprove the dissolution of the
  2  1 authority.
  2  2    Sec. 4.  Section 28E.39, unnumbered paragraph 1, Code 2001,
  2  3 is amended to read as follows:
  2  4    An agreement establishing a community cluster shall require
  2  5 the approval of the registered voters residing within the area
  2  6 of the cluster if the agreement provides for the sharing of
  2  7 revenues from ad valorem property taxes.  The proposition
  2  8 shall be submitted to the electorate by each governmental unit
  2  9 forming the community cluster to the electors registered
  2 10 voters residing within the area of the governmental unit at a
  2 11 general election or at a special election.  However, if a
  2 12 county has designated only certain townships as being included
  2 13 within the community cluster, the proposition shall be
  2 14 submitted to the electorate of the county residing only in the
  2 15 townships included in the community cluster.
  2 16    Sec. 5.  Section 43.8, Code 2001, is amended to read as
  2 17 follows:
  2 18    43.8  STATE COMMISSIONER TO FURNISH BLANKS.
  2 19    The state commissioner shall, at state expense, furnish
  2 20 blank nomination papers, in the form provided in this chapter,
  2 21 to any eligible elector registered voter who desires to
  2 22 petition for the nomination of any candidate, or to any person
  2 23 who intends to be a candidate, for any office for which
  2 24 nomination papers are required to be filed in the state
  2 25 commissioner's office.
  2 26    Sec. 6.  Section 43.14, Code 2001, is amended to read as
  2 27 follows:
  2 28    43.14  FORM OF NOMINATION PAPERS.
  2 29    All nomination papers shall be eight and one-half by
  2 30 fourteen inches in size and in substantially the following
  2 31 form:
  2 32    I, the undersigned, an eligible elector a registered voter
  2 33 of ......  county or legislative district, and state of Iowa,
  2 34 hereby nominate ......  of ......  county or legislative
  2 35 district, state of Iowa, who has registered with the ......
  3  1 party, as a candidate for the office of ......  to be voted
  3  2 for at the primary election to be held on ......
  3  3    No signatures shall be counted unless they are on sheets
  3  4 each having such form written or printed at the top thereof.
  3  5 Nomination papers on behalf of candidates for seats in the
  3  6 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.
  3 10    Sec. 7.  Section 43.20, subsection 1, unnumbered paragraph
  3 11 1, Code 2001, is amended to read as follows:
  3 12    Nomination papers shall be signed by eligible electors
  3 13 registered voters as follows:
  3 14    Sec. 8.  Section 43.21, Code 2001, is amended to read as
  3 15 follows:
  3 16    43.21  TOWNSHIP OFFICE.
  3 17    The name of a candidate for a township office shall be
  3 18 printed on the official primary ballot of the candidate's
  3 19 party if the candidate files the candidate's personal
  3 20 affidavit, in the form prescribed by section 43.18, with the
  3 21 commissioner not earlier than ninety-two days nor later than
  3 22 five o'clock p.m. of the sixty-ninth day before the primary
  3 23 election.  If before that time there is presented to the
  3 24 commissioner a nomination paper signed by at least ten
  3 25 eligible electors registered voters of the township requesting
  3 26 that the name of any person be placed on the primary ballot as
  3 27 a candidate for a township office, and the nomination paper is
  3 28 not accompanied by the candidate's personal affidavit, the
  3 29 commissioner shall advise the candidate that such an affidavit
  3 30 is required before the candidate's name may be placed on the
  3 31 ballot.
  3 32    Sec. 9.  Section 43.37, Code 2001, is amended to read as
  3 33 follows:
  3 34    43.37  NUMBER OF VOTES PERMITTED PER OFFICE.
  3 35    The elector registered voter shall be permitted to vote for
  4  1 no more candidates for any office than there are persons to be
  4  2 elected to the office.  If an elector a registered voter votes
  4  3 for more persons for any office than the number permitted, the
  4  4 elector's registered voter's ballot shall not be counted for
  4  5 that office.
  4  6    Sec. 10.  Section 43.38, Code 2001, is amended to read as
  4  7 follows:
  4  8    43.38  VOTER CONFINED TO PARTY TICKET.
  4  9    The elector registered voter shall be allowed to vote for
  4 10 candidates for nomination on the ballot of the party with
  4 11 which the elector registered voter is registered as
  4 12 affiliated, and shall receive no other ballot.  The voter
  4 13 shall return the ballot, folded, to one of the precinct
  4 14 election officials who shall deposit it in the ballot box.
  4 15    Sec. 11.  Section 43.39, Code 2001, is amended to read as
  4 16 follows:
  4 17    43.39  BALLOT FOR ANOTHER PARTY'S CANDIDATE.
  4 18    If any primary elector write registered voter writes upon
  4 19 the elector's registered voter's ticket the name of any person
  4 20 who is a candidate for the same office upon some other party
  4 21 ticket than that upon which the candidate's name shall be so
  4 22 written, such ballot shall be so counted for such person only
  4 23 as a candidate of the party upon whose ballot the candidate's
  4 24 name is written, and shall in no case be counted for such
  4 25 person as a candidate upon any other ticket.
  4 26    Sec. 12.  Section 43.48, Code 2001, is amended to read as
  4 27 follows:
  4 28    43.48  ELECTOR MAY ASCERTAIN VOTE CAST.
  4 29    Any elector registered voter of the county shall have the
  4 30 right, before the day fixed for canvassing the returns, to
  4 31 ascertain the vote cast for any candidate in any precinct in
  4 32 the county, as shown on the outside of the envelope containing
  4 33 the tally list.
  4 34    Sec. 13.  Section 43.62, subsection 1, Code 2001, is
  4 35 amended to read as follows:
  5  1    1.  The names of the candidates nominated by the electors
  5  2 registered voters of the county or subdivision thereof and the
  5  3 offices for which they are so nominated.
  5  4    Sec. 14.  Section 43.90, Code 2001, is amended to read as
  5  5 follows:
  5  6    43.90  DELEGATES.
  5  7    The county convention shall be composed of delegates
  5  8 elected at the last preceding precinct caucus.  Delegates
  5  9 shall be persons who are or will by the date of the next
  5 10 general election become eligible electors registered voters
  5 11 and who are residents of the precinct.  The number of
  5 12 delegates from each voting precinct shall be determined by a
  5 13 ratio adopted by the respective party county central
  5 14 committees, and a statement designating the number from each
  5 15 voting precinct in the county shall be filed by such committee
  5 16 not later than the time the list of precinct caucus meeting
  5 17 places required by section 43.4 is filed in the office of the
  5 18 commissioner.  If the required statement is not filed, the
  5 19 commissioner shall fix the number of delegates from each
  5 20 voting precinct.
  5 21    Sec. 15.  Section 43.91, Code 2001, is amended to read as
  5 22 follows:
  5 23    43.91  VOTER AT CAUCUS MUST BE PRECINCT RESIDENT.
  5 24    Any person voting at a precinct caucus must be a person who
  5 25 is or will by the date of the next general election become an
  5 26 eligible elector and registered voter who is a resident of the
  5 27 precinct.  A list of the names and addresses of each person to
  5 28 whom a ballot was delivered or who was allowed to vote in each
  5 29 precinct caucus shall be prepared by the caucus chairperson
  5 30 and secretary who shall certify such list to the commissioner
  5 31 at the same time as the names of those elected as delegates
  5 32 and party committee members are so certified.
  5 33    Sec. 16.  Section 43.97, subsection 3, Code 2001, is
  5 34 amended to read as follows:
  5 35    3.  Elect delegates to the next ensuing regular state
  6  1 convention and to all district conventions of that year upon
  6  2 such ratio of representation as may be determined by the party
  6  3 organization for the state, district or districts of the
  6  4 state, as the case may be.  Delegates to district conventions
  6  5 need not be selected in the absence of any apparent reason
  6  6 therefor.  Delegates shall be persons who are or will by the
  6  7 date of the next general election become eligible electors
  6  8 registered voters and who are residents of the county.
  6  9    Sec. 17.  Section 43.115, unnumbered paragraph 1, Code
  6 10 2001, is amended to read as follows:
  6 11    All candidates for nominations to be made in primary
  6 12 elections held pursuant to section 43.112 shall file
  6 13 nomination papers with the city clerk no later than five p.m.
  6 14 forty days before the date of the election as established by
  6 15 section 43.114, except that candidates for precinct committee
  6 16 member shall file affidavits of candidacy as required by
  6 17 section 420.130.  The number of eligible electors registered
  6 18 voters signing petitions required for printing the name of a
  6 19 candidate upon the official primary ballot shall be one
  6 20 hundred for an office to be filled by the voters of the entire
  6 21 city and twenty-five for an office to be filled by the voters
  6 22 of a subdivision of the city.
  6 23    Sec. 18.  Section 43.120, subsections 1 and 2, Code 2001,
  6 24 are amended to read as follows:
  6 25    1.  Offering or giving a bribe, either in money or other
  6 26 consideration, to any elector registered voter for the purpose
  6 27 of influencing the elector's registered voter's vote at a
  6 28 primary election.
  6 29    2.  Receiving and accepting such bribe by an elector a
  6 30 registered voter entitled to vote at any primary election.
  6 31    Sec. 19.  Section 44.1, Code 2001, is amended to read as
  6 32 follows:
  6 33    44.1  POLITICAL NONPARTY ORGANIZATIONS.
  6 34    Any convention or caucus of eligible electors registered
  6 35 voters representing a political organization which is not a
  7  1 political party as defined by law, may, for the state, or for
  7  2 any division or municipality thereof, or for any county, or
  7  3 for any subdivision thereof, for which such convention or
  7  4 caucus is held, make one nomination of a candidate for each
  7  5 office to be filled therein at the general election.  However,
  7  6 in order to qualify for any nomination made for a statewide
  7  7 elective office by such a political organization there shall
  7  8 be in attendance at the convention or caucus where the
  7  9 nomination is made a minimum of two hundred fifty eligible
  7 10 electors registered voters including at least one eligible
  7 11 elector registered voter from each of twenty-five counties.
  7 12 In order to qualify for any nomination to the office of United
  7 13 States representative there shall be in attendance at the
  7 14 convention or caucus where the nomination is made a minimum of
  7 15 fifty eligible electors registered voters who are residents of
  7 16 the congressional district including at least one eligible
  7 17 elector registered voter from each of at least one-half of the
  7 18 counties of the congressional district.  In order to qualify
  7 19 for any nomination to an office to be filled by the voters of
  7 20 a county or of a city there shall be in attendance at the
  7 21 convention or caucus where the nomination is made a minimum of
  7 22 ten eligible electors registered voters who are residents of
  7 23 the county or city, as the case may be, including at least one
  7 24 eligible elector registered voter from at least one-half of
  7 25 the voting precincts in that county or city.  In order to
  7 26 qualify for any nomination made for the general assembly there
  7 27 shall be in attendance at the convention or caucus where the
  7 28 nomination is made a minimum of ten eligible electors
  7 29 registered voters who are residents of the representative
  7 30 district or twenty eligible electors registered voters who are
  7 31 residents of the senatorial district, as the case may be, with
  7 32 at least one eligible elector registered voter from one-half
  7 33 of the voting precincts in the district in each case.  The
  7 34 names of all delegates in attendance at such convention or
  7 35 caucus and such fact shall be certified to the state
  8  1 commissioner together with the other certification
  8  2 requirements of this chapter.
  8  3    Sec. 20.  Section 45.1, Code 2001, is amended to read as
  8  4 follows:
  8  5    45.1  NOMINATIONS BY PETITION.
  8  6    1.  Nominations for candidates for president and vice
  8  7 president, governor and lieutenant governor, and for other
  8  8 statewide elected offices may be made by nomination petitions
  8  9 signed by not less than one thousand five hundred eligible
  8 10 electors registered voters residing in not less than ten
  8 11 counties of the state.
  8 12    2.  Nominations for candidates for a representative in the
  8 13 United States house of representatives may be made by
  8 14 nomination petitions signed by not less than the number of
  8 15 eligible electors registered voters equal to the number of
  8 16 signatures required in subsection 1 divided by the number of
  8 17 congressional districts.
  8 18    3.  Nominations for candidates for the state senate may be
  8 19 made by nomination petitions signed by not less than one
  8 20 hundred eligible electors registered voters of the senate
  8 21 district.
  8 22    4.  Nominations for candidates for the state house of
  8 23 representatives may be made by nomination petitions signed by
  8 24 not less than fifty eligible electors registered voters of the
  8 25 representative district.
  8 26    5.  Nominations for candidates for offices filled by the
  8 27 voters of a whole county may be made by nomination petitions
  8 28 signed by eligible electors registered voters of the county
  8 29 equal in number to at least one percent of the number of
  8 30 registered voters in the county on July 1 in the year
  8 31 preceding the year in which the office will appear on the
  8 32 ballot, or by at least two hundred fifty eligible electors
  8 33 registered voters of the county, whichever is less.
  8 34    6.  Nominations for candidates for the office of county
  8 35 supervisor elected by the voters of a supervisor district may
  9  1 be made by nomination petitions signed by eligible electors
  9  2 registered voters of the supervisor district equal in number
  9  3 to at least one percent of the number of registered voters in
  9  4 the supervisor district on July 1 in the year preceding the
  9  5 year in which the office will appear on the ballot, or by at
  9  6 least one hundred fifty eligible electors registered voters of
  9  7 the supervisor district, whichever is less.
  9  8    7.  Nomination papers for the offices of president and vice
  9  9 president shall include the names of the candidates for both
  9 10 offices on each page of the petition.  A certificate listing
  9 11 the names of the candidates for presidential electors, one
  9 12 from each congressional district and two from the state at
  9 13 large, shall be filed in the state commissioner's office at
  9 14 the same time the nomination papers are filed.
  9 15    Nomination papers for the offices of governor and
  9 16 lieutenant governor shall include the names of candidates for
  9 17 both offices on each page of the petition.  Nomination papers
  9 18 for other statewide elected offices and all other offices
  9 19 shall include the name of the candidate on each page of the
  9 20 petition.
  9 21    8.  Nominations for candidates for elective offices in
  9 22 cities where the council has adopted nominations under this
  9 23 chapter may be submitted as follows:
  9 24    a.  Except as otherwise provided in subsection 9, in cities
  9 25 having a population of three thousand five hundred or greater
  9 26 according to the most recent federal decennial census,
  9 27 nominations may be made by nomination papers signed by not
  9 28 less than twenty-five eligible electors registered voters who
  9 29 are residents of the city or ward.
  9 30    b.  In cities having a population of one hundred or
  9 31 greater, but less than three thousand five hundred, according
  9 32 to the most recent federal decennial census, nominations may
  9 33 be made by nomination papers signed by not less than ten
  9 34 eligible electors registered voters who are residents of the
  9 35 city or ward.
 10  1    c.  In cities having a population less than one hundred
 10  2 according to the most recent federal decennial census,
 10  3 nominations may be made by nomination papers signed by not
 10  4 less than five eligible electors registered voters who are
 10  5 residents of the city.
 10  6    9.  Nominations for candidates, other than partisan
 10  7 candidates, for elective offices in special charter cities
 10  8 subject to section 43.112 may be submitted as follows:
 10  9    a.  For the office of mayor and alderman at large,
 10 10 nominations may be made by nomination papers signed by
 10 11 eligible electors registered voters residing in the city equal
 10 12 in number to at least two percent of the total vote received
 10 13 by all candidates for mayor at the last preceding city
 10 14 election.
 10 15    b.  For the office of ward alderman, nominations may be
 10 16 made by nomination papers signed by eligible electors
 10 17 registered voters residing in the ward equal in number to at
 10 18 least two percent of the total vote received by all candidates
 10 19 for ward alderman in that ward at the last preceding city
 10 20 election.
 10 21    10.  Nominations for township officers may be made by
 10 22 nomination petitions signed by not less than ten eligible
 10 23 electors registered voters of the township.
 10 24    Sec. 21.  Section 45.3, unnumbered paragraph 1, Code 2001,
 10 25 is amended to read as follows:
 10 26    Each eligible elector registered voter who signs a
 10 27 nominating petition drawn up in accordance with this chapter
 10 28 shall add to the signature the elector's registered voter's
 10 29 residence address and the date of signing.  The person whose
 10 30 nomination is proposed by the petition shall not sign it.  A
 10 31 person may sign nomination petitions under this chapter for
 10 32 more than one candidate for the same office, and the signature
 10 33 is not invalid solely because the person signed nomination
 10 34 petitions for one or more other candidates for the office.
 10 35    Sec. 22.  Section 46.1, Code 2001, is amended to read as
 11  1 follows:
 11  2    46.1  APPOINTMENT OF STATE JUDICIAL NOMINATING
 11  3 COMMISSIONERS.
 11  4    The governor shall appoint, subject to confirmation by the
 11  5 senate, one eligible elector registered voter of each
 11  6 congressional district to the state judicial nominating
 11  7 commission for a six-year term beginning and ending as
 11  8 provided in section 69.19.  The terms of no more than three
 11  9 nor less than two of the members shall expire within the same
 11 10 two-year period.  No more than a simple majority of the
 11 11 members appointed shall be of the same gender.
 11 12    Sec. 23.  Section 46.2, Code 2001, is amended to read as
 11 13 follows:
 11 14    46.2  ELECTION OF STATE JUDICIAL NOMINATING COMMISSIONERS.
 11 15    The resident members of the bar of each congressional
 11 16 district shall elect one eligible elector registered voter of
 11 17 the district to the state judicial nominating commission for a
 11 18 six-year term beginning July 1.  The terms of no more than
 11 19 three nor less than two of the members shall expire within the
 11 20 same two-year period, the expiration dates being governed by
 11 21 the expiration dates of the terms of the original appointive
 11 22 members.  The members of the bar of the respective
 11 23 congressional districts shall in January, immediately
 11 24 preceding the expiration of the term of a member of the
 11 25 commission, elect a successor for a like term.  For the first
 11 26 elective term open on or after July 1, 1987, in the odd-
 11 27 numbered districts the elected member shall be a woman and in
 11 28 the even-numbered districts the elected member shall be a man.
 11 29 Thereafter, the districts shall alternate between women and
 11 30 men elected members.
 11 31    Sec. 24.  Section 46.3, Code 2001, is amended to read as
 11 32 follows:
 11 33    46.3  APPOINTMENT OF DISTRICT JUDICIAL NOMINATING
 11 34 COMMISSIONERS.
 11 35    The governor shall appoint five eligible electors
 12  1 registered voters of each judicial election district to the
 12  2 district judicial nominating commission.  Appointments shall
 12  3 be to staggered terms of six years each and shall be made in
 12  4 the month of January for terms commencing February 1 of even-
 12  5 numbered years.  No more than a simple majority of the
 12  6 commissioners appointed shall be of the same gender.
 12  7    Sec. 25.  Section 46.4, unnumbered paragraph 1, Code 2001,
 12  8 is amended to read as follows:
 12  9    The resident members of the bar of each judicial election
 12 10 district shall elect five eligible electors registered voters
 12 11 of the district to the district judicial nominating
 12 12 commission.  Commissioners shall be elected to staggered terms
 12 13 of six years each.  The elections shall be held in the month
 12 14 of January for terms commencing February 1 of even-numbered
 12 15 years.
 12 16    Sec. 26.  Section 46.9, Code 2001, is amended to read as
 12 17 follows:
 12 18    46.9  CONDUCT OF ELECTIONS.
 12 19    When an election of judicial nominating commissioners is to
 12 20 be held, the clerk of the supreme court shall cause ballots to
 12 21 be mailed in accordance with the current certified list of
 12 22 resident members of the bar to such members of the proper
 12 23 districts, substantially as follows:  
 12 24          Iowa State (or Iowa ....  Judicial District)
 12 25                 Judicial Nominating Commission
 12 26                             BALLOT
 12 27    To be cast by the resident members of the bar of the ....
 12 28 Congressional (or Judicial) District of Iowa.
 12 29    Vote for (state number) for Iowa State (or Iowa ....
 12 30 Judicial District) judicial nominating commissioner(s) for
 12 31 term commencing ......  
 12 32                        CANDIDATE'S NAME
 12 33                        CANDIDATE'S NAME
 12 34                      .................... 
 12 35                      .................... 
 13  1    To be counted, this ballot must be completed and mailed or
 13  2 delivered to Clerk of the Supreme Court of Iowa, Des Moines,
 13  3 Iowa, not later than January 31, ...  (year) (or the
 13  4 appropriate date under section 46.5 in case of an election to
 13  5 fill a vacancy).  
 13  6                   DESTROY BALLOT IF NOT USED
 13  7    The elector registered voter receiving the most votes shall
 13  8 be elected.  When more than one commissioner is to be elected,
 13  9 the electors registered voters receiving the most votes shall
 13 10 be elected, in the same number as the offices to be filled.
 13 11    The ballot must be completed and mailed or delivered to the
 13 12 clerk of the supreme court prior to expiration of the period
 13 13 within which the election must be held.
 13 14    The ballots shall be counted under the direction of the
 13 15 clerk of the supreme court.
 13 16    Sec. 27.  Section 46.10, Code 2001, is amended to read as
 13 17 follows:
 13 18    46.10  NOMINATION OF ELECTIVE NOMINATING COMMISSIONERS.
 13 19    In order to have an eligible elector's a registered voter's
 13 20 name printed on the ballot for state or district judicial
 13 21 nominating commissioner, the eligible elector registered voter
 13 22 must file in the office of the clerk of the supreme court at
 13 23 least thirty days prior to expiration of the period within
 13 24 which the election must be held a nominating petition signed
 13 25 by at least fifty resident members of the bar of the
 13 26 congressional district in case of a candidate for state
 13 27 judicial nominating commissioner, or at least ten resident
 13 28 members of the bar of the judicial district in case of a
 13 29 candidate for district judicial nominating commissioner.  No
 13 30 member of the bar may sign more nominating petitions for state
 13 31 or district judicial nominating commissioner than there are
 13 32 such commissioners to be elected.
 13 33    Ballots for state and district judicial nominating
 13 34 commissioners shall contain blank lines equal to the number of
 13 35 such commissioners to be elected, where names may be written
 14  1 in.
 14  2    Sec. 28.  Section 46.18, Code 2001, is amended to read as
 14  3 follows:
 14  4    46.18  ELIGIBILITY OF VOTERS.
 14  5    Electors Registered voters entitled to vote at the general
 14  6 election shall be entitled to vote at the judicial election.
 14  7 All voting procedures provided by chapter 53 for absent voting
 14  8 by armed forces in general elections shall be applicable to
 14  9 judicial elections.
 14 10    Sec. 29.  Section 48A.6, subsection 2, Code 2001, is
 14 11 amended to read as follows:
 14 12    2.  A person who is mentally incompetent to vote.
 14 13 Certification by the clerk of the district court that any such
 14 14 person has been found no longer incompetent by a court shall
 14 15 qualify such person to again be an elector a registered voter,
 14 16 subject to the other provisions of this chapter.
 14 17    Sec. 30.  Section 49.10, subsection 2, Code 2001, is
 14 18 amended to read as follows:
 14 19    2.  If the commissioner determines, or if a petition be
 14 20 filed with the commissioner ninety days before any primary,
 14 21 general or special election stating that there is no suitable
 14 22 or adequate polling place within a township constituting a
 14 23 voting precinct and that it is desirable and to the interest
 14 24 of the voters of that township voting precinct that a voting
 14 25 place be designated for it outside its territorial limits, the
 14 26 commissioner shall fix a polling place for that precinct,
 14 27 outside its territorial limits, which the commissioner deems
 14 28 convenient to the electors of the township precinct.  A
 14 29 petition submitted under this subsection must be signed by
 14 30 eligible electors registered voters of the precinct exceeding
 14 31 in number one-half the total number of votes cast in the
 14 32 township precinct for the office of president of the United
 14 33 States or governor, as the case may be, at the last preceding
 14 34 general election.  When the commissioner has fixed such a
 14 35 polling place it shall remain the polling place at all
 15  1 subsequent primary, general and special elections, until such
 15  2 time as the commissioner shall fix a different polling place
 15  3 for the precinct.
 15  4    Sec. 31.  Section 49.11, subsection 1, unnumbered paragraph
 15  5 1, Code 2001, is amended to read as follows:
 15  6    Consolidate two or more precincts into one.  However, the
 15  7 commissioner shall not do so if there is filed with the
 15  8 commissioner at least twenty days before the election a
 15  9 petition signed by twenty-five or more eligible electors
 15 10 registered voters of any precinct requesting that it not be
 15 11 merged with any other precinct.  There shall be attached to
 15 12 the petition the affidavit of an eligible elector a registered
 15 13 voter of the precinct that the signatures on the petition are
 15 14 genuine and that all of the signers are to the best of the
 15 15 affiant's knowledge and belief eligible electors registered
 15 16 voters of the precinct.
 15 17    Sec. 32.  Section 49.31, subsections 4 and 5, Code 2001,
 15 18 are amended to read as follows:
 15 19    4.  The heading for each office on the ballot shall be
 15 20 immediately followed by a notation stating, "Vote for no more
 15 21 than ...", and indicating the maximum number of nominees or
 15 22 candidates for that office for whom each elector registered
 15 23 voter may vote.
 15 24    5.  At the end of the list of candidates for each office
 15 25 listed on the ballot one or more blank lines and voting
 15 26 positions shall be printed to allow the elector registered
 15 27 voter to write in the name of any person for whom the elector
 15 28 registered voter desires to vote for any office or nomination
 15 29 on the ballot.  The number of write-in lines shall equal the
 15 30 number of votes that can be cast for that office.
 15 31    Sec. 33.  Section 49.43, unnumbered paragraph 1, Code 2001,
 15 32 is amended to read as follows:
 15 33    If possible, all public measures and constitutional
 15 34 amendments to be voted upon by an elector a registered voter
 15 35 shall be included on a single special paper ballot which shall
 16  1 also include all offices to be voted upon.  However, if it is
 16  2 necessary, a separate ballot may be used as provided in
 16  3 section 49.30, subsection 1.
 16  4    Sec. 34.  Section 49.46, Code 2001, is amended to read as
 16  5 follows:
 16  6    49.46  MARKING BALLOTS ON PUBLIC MEASURES.
 16  7    The elector registered voter shall designate a vote by
 16  8 making the appropriate mark in the voting target.  On paper
 16  9 ballots an "X", or a check mark, thus, "", may be placed in
 16 10 the proper target.
 16 11    Sec. 35.  Section 49.73, subsection 2, Code 2001, is
 16 12 amended to read as follows:
 16 13    2.  The commissioner shall not shorten voting hours for any
 16 14 election if there is filed in the commissioner's office, at
 16 15 least twenty-five days before the election, a petition signed
 16 16 by at least fifty eligible electors registered voters of the
 16 17 school district or city, as the case may be, requesting that
 16 18 the polls be opened not later than seven o'clock a.m.  All
 16 19 polling places where the candidates of or any public question
 16 20 submitted by any one political subdivision are being voted
 16 21 upon shall be opened at the same hour, except that this
 16 22 requirement shall not apply to merged areas established under
 16 23 chapter 260C.  The hours at which the respective precinct
 16 24 polling places are to open shall not be changed after
 16 25 publication of the notice required by section 49.53.  The
 16 26 polling places shall be closed at nine o'clock p.m. for state
 16 27 primary and general elections and other partisan elections,
 16 28 and for any other election held concurrently therewith, and at
 16 29 eight o'clock p.m. for all other elections.
 16 30    Sec. 36.  Section 49.79, Code 2001, is amended to read as
 16 31 follows:
 16 32    49.79  CHALLENGES.
 16 33    Any person offering to vote may be challenged as
 16 34 unqualified by any precinct election official or elector
 16 35 registered voter; and it is the duty of each official to
 17  1 challenge any person offering to vote whom the official knows
 17  2 or suspects is not duly qualified.  A ballot shall be received
 17  3 from a voter who is challenged, but only in accordance with
 17  4 section 49.81.
 17  5    Sec. 37.  Section 49.80, Code 2001, is amended to read as
 17  6 follows:
 17  7    49.80  EXAMINATION ON CHALLENGE.
 17  8    1.  When the status of any person as a registered voter is
 17  9 so challenged, the precinct election officials shall explain
 17 10 to the person the qualifications of an elector a registered
 17 11 voter, and may examine the person under oath touching the
 17 12 person's qualifications as a voter.
 17 13    2.  In case of any challenges of an elector a registered
 17 14 voter at the time the person is offering to vote in a
 17 15 precinct, a precinct election official may place such person
 17 16 under oath and question the person as, (a) where the person
 17 17 maintains the person's home; (b) how long the person has
 17 18 maintained the person's home at such place; (c) if the person
 17 19 maintains a home at any other location; (d) the person's age.
 17 20 The precinct election official may permit the challenger to
 17 21 participate in such questions.  The challenged elector
 17 22 registered voter shall be allowed to present to the official
 17 23 such evidence and facts as the elector registered voter feels
 17 24 sustains the fact that the person is qualified to vote.  Upon
 17 25 completion thereof, if the challenge is withdrawn, the elector
 17 26 registered voter may cast the vote in the usual manner.  If
 17 27 the challenge is not withdrawn, section 49.81 shall apply.
 17 28    Sec. 38.  Section 49.81, subsection 3, Code 2001, is
 17 29 amended to read as follows:
 17 30    3.  Any elector registered voter may present written
 17 31 statements or documents, supporting or opposing the counting
 17 32 of any special ballot, to the precinct election officials on
 17 33 election day, until the hour for closing the polls.  Any
 17 34 statements or documents so presented shall be delivered to the
 17 35 commissioner when the election supplies are returned.
 18  1    Sec. 39.  Section 49.90, Code 2001, is amended to read as
 18  2 follows:
 18  3    49.90  ASSISTING VOTER.
 18  4    Any voter who may declare upon oath that the voter is
 18  5 blind, cannot read the English language, or is, by reason of
 18  6 any physical disability other than intoxication, unable to
 18  7 cast a vote without assistance, shall, upon request, be
 18  8 assisted by the two officers as provided in section 49.89, or
 18  9 alternatively by any other person the voter may select in
 18 10 casting the vote.  The officers, or the person selected by the
 18 11 voter, shall cast the vote of the voter requiring assistance,
 18 12 and shall thereafter give no information regarding the vote
 18 13 cast.  If any elector registered voter because of a disability
 18 14 cannot enter the building where the polling place for the
 18 15 elector's registered voter's precinct of residence is located,
 18 16 the two officers shall take a paper ballot to the vehicle
 18 17 occupied by the elector registered voter with a disability and
 18 18 allow the elector registered voter to cast the ballot in the
 18 19 vehicle.  If an elector a registered voter with a disability
 18 20 cannot cast a ballot on a voting machine the elector
 18 21 registered voter shall be allowed to cast a paper ballot,
 18 22 which shall be opened immediately after the closing of the
 18 23 polling place by the two precinct election officials
 18 24 designated under section 49.89, who shall register the votes
 18 25 cast thereon on a voting machine in the polling place before
 18 26 the votes cast there are tallied pursuant to section 52.21.
 18 27 To preserve so far as possible the confidentiality of each
 18 28 ballot of an elector a registered voter with a disability, the
 18 29 two officers shall proceed substantially in the same manner as
 18 30 provided in section 53.24.  In precincts where all voters use
 18 31 paper ballots, those cast by voters with disabilities shall be
 18 32 deposited in the regular ballot box and counted in the usual
 18 33 manner.
 18 34    Sec. 40.  Section 49.91, Code 2001, is amended to read as
 18 35 follows:
 19  1    49.91  ASSISTANCE INDICATED ON REGISTER.
 19  2    The precinct election officials shall mark upon the
 19  3 election register the name of any elector registered voter who
 19  4 received such assistance in casting the elector's registered
 19  5 voter's vote.
 19  6    Sec. 41.  Section 49A.7, Code 2001, is amended to read as
 19  7 follows:
 19  8    49A.7  PROCLAMATION.
 19  9    Whenever a proposition to amend the Constitution is to be
 19 10 submitted to a vote of the electors registered voters, the
 19 11 governor shall issue a proclamation of that fact, and of the
 19 12 date when the proposition is to be voted on, at least sixty
 19 13 days before that date.
 19 14    Sec. 42.  Section 50.20, Code 2001, is amended to read as
 19 15 follows:
 19 16    50.20  NOTICE OF NUMBER OF SPECIAL BALLOTS.
 19 17    The commissioner shall compile a list of the number of
 19 18 special ballots cast under section 49.81 in each precinct.
 19 19 The list shall be made available to the public as soon as
 19 20 possible, but in no case later than nine o'clock a.m. on the
 19 21 second day following the election.  Any elector registered
 19 22 voter may examine the list during normal office hours, and may
 19 23 also examine the affidavit envelopes bearing the ballots of
 19 24 challenged electors registered voters until the reconvening of
 19 25 the special precinct board as required by this chapter.  Only
 19 26 those persons so permitted by section 53.23, subsection 4,
 19 27 shall have access to the affidavits while that board is in
 19 28 session.  Any elector registered voter may present written
 19 29 statements or documents, supporting or opposing the counting
 19 30 of any special ballot, at the commissioner's office until the
 19 31 reconvening of the special precinct board.
 19 32    Sec. 43.  Section 50.45, Code 2001, is amended to read as
 19 33 follows:
 19 34    50.45  CANVASS PUBLIC – RESULT DETERMINED.
 19 35    All canvasses of tally lists shall be public, and the
 20  1 persons having the greatest number of votes shall be declared
 20  2 elected.  When a public measure has been submitted to the
 20  3 electors registered voters, the proposition shall be declared
 20  4 to have been adopted if the vote cast in favor of the question
 20  5 is greater than fifty percent of the total vote cast in favor
 20  6 and against the question, unless laws pertaining specifically
 20  7 to the public measure election establish a higher percentage
 20  8 of a favorable vote.  All ballots cast and not counted as a
 20  9 vote in favor or against the proposition shall not be used in
 20 10 computing the total vote cast in favor and against the
 20 11 proposition.
 20 12    Sec. 44.  Section 50.48, subsection 2, Code 2001, is
 20 13 amended to read as follows:
 20 14    2.  The candidate requesting a recount under this section
 20 15 shall post a bond, unless the abstracts prepared pursuant to
 20 16 section 50.24, or section 43.49 in the case of a primary
 20 17 election, indicate that the difference between the total
 20 18 number of votes cast for the apparent winner and the total
 20 19 number of votes cast for the candidate requesting the recount
 20 20 is less than the greater of fifty votes or one percent of the
 20 21 total number of votes cast for the office or nomination in
 20 22 question.  Where votes cast for that office or nomination were
 20 23 canvassed in more than one county, the abstracts prepared by
 20 24 the county boards in all of those counties shall be totaled
 20 25 for purposes of this subsection.  If a bond is required, it
 20 26 shall be filed with the state commissioner for recounts
 20 27 involving a state office, including a seat in the general
 20 28 assembly, or a seat in the United States Congress, and with
 20 29 the commissioner responsible for conducting the election in
 20 30 all other cases, and shall be in the following amount:
 20 31    a.  For an office filled by the electors registered voters
 20 32 of the entire state, one thousand dollars.
 20 33    b.  For United States representative, five hundred dollars.
 20 34    c.  For senator in the general assembly, three hundred
 20 35 dollars.
 21  1    d.  For representative in the general assembly, one hundred
 21  2 fifty dollars.
 21  3    e.  For an office filled by the electors registered voters
 21  4 of an entire county having a population of fifty thousand or
 21  5 more, two hundred dollars.
 21  6    f.  For any elective office to which paragraphs "a" to "e"
 21  7 of this subsection are not applicable, one hundred dollars.
 21  8    After all recount proceedings for a particular office are
 21  9 completed and the official canvass of votes cast for that
 21 10 office is corrected or completed pursuant to subsections 5 and
 21 11 6, if necessary, any bond posted under this subsection shall
 21 12 be returned to the candidate who requested the recount if the
 21 13 apparent winner before the recount is not the winner as shown
 21 14 by the corrected or completed canvass.  In all other cases,
 21 15 the bond shall be deposited in the general fund of the state
 21 16 if filed with the state commissioner or in the election fund
 21 17 of the county with whose commissioner it was filed.
 21 18    Sec. 45.  Section 50.49, unnumbered paragraph 1, Code 2001,
 21 19 is amended to read as follows:
 21 20    A recount for any public measure shall be ordered by the
 21 21 board of canvassers if a petition requesting a recount is
 21 22 filed with the county commissioner not later than three days
 21 23 after the completion of the canvass of votes for the election
 21 24 at which the question appeared on the ballot.  The petition
 21 25 shall be signed by the greater of not less than ten eligible
 21 26 electors registered voters or a number of eligible electors
 21 27 registered voters equaling one percent of the total number of
 21 28 votes cast upon the public measure.  Each petitioner must be a
 21 29 person who was entitled to vote on the public measure in
 21 30 question or would have been so entitled if registered to vote.
 21 31    Sec. 46.  Section 51.7, Code 2001, is amended to read as
 21 32 follows:
 21 33    51.7  DUTIES OF DOUBLE BOARDS.
 21 34    The counting boards shall proceed to the respective voting
 21 35 places to which they have been appointed at such time as the
 22  1 commissioner may direct, and shall take charge of the ballot
 22  2 box containing the ballots already cast in that precinct.  The
 22  3 counting board shall retire to a partitioned space or room
 22  4 provided for that purpose and there proceed to count and
 22  5 tabulate the ballots as it shall find them deposited in the
 22  6 ballot box.  The receiving board shall continue to receive the
 22  7 votes of electors registered voters in the other box provided,
 22  8 until such time as the counting board shall have finished
 22  9 counting and tabulating the ballots cast in the first ballot
 22 10 box.  The two boards shall then exchange the first box for the
 22 11 second box and so continue until they have counted and
 22 12 tabulated all the votes cast on that election day.  When the
 22 13 hour arrives for closing the polls, the receiving board shall
 22 14 certify to all matters pertaining to casting of ballots and
 22 15 shall then unite with the counting board in the counting of
 22 16 ballots.  The precinct election officials shall then divide
 22 17 the ballots not counted and each group of officials shall
 22 18 proceed to canvass their portion of the same.  When the
 22 19 canvass has been completed the officials shall report the
 22 20 result of their canvass in the manner provided by section
 22 21 50.11.
 22 22    Sec. 47.  Section 52.16, Code 2001, is amended to read as
 22 23 follows:
 22 24    52.16  DUTIES OF ELECTION OFFICERS – INDEPENDENT BALLOTS.
 22 25    The election board of each precinct in which votes are to
 22 26 be cast by machine shall meet at the precinct polling place,
 22 27 at least one hour before the time set for the opening of the
 22 28 polls at each election, and shall proceed to arrange the
 22 29 furniture, stationery, and voting machine for the conduct of
 22 30 the election.  The board shall cause at least two instruction
 22 31 cards to be posted conspicuously within the polling place.  If
 22 32 not previously done, they shall arrange, in their proper place
 22 33 on the voting machine, the ballots containing the names of the
 22 34 offices to be filled at the election, and the names of the
 22 35 candidates nominated.  If not previously done, the machine
 23  1 shall be so arranged as to show that no vote has been cast,
 23  2 and shall not be thereafter operated, except by electors
 23  3 registered voters in voting.
 23  4    Before the polls are open for election, the board shall
 23  5 carefully examine every machine and see that no vote has been
 23  6 cast, and the machines are subject to inspection of the
 23  7 election officers.  If the voting machine is equipped to
 23  8 produce a printed record showing the status of the counters,
 23  9 this record shall be produced by the precinct election
 23 10 officials immediately before the polls are open.  The
 23 11 inspection sheets from each machine used in the election shall
 23 12 be available for examination throughout election day.
 23 13    Ballots voted for any person whose name does not appear on
 23 14 the machine as a nominated candidate for office, are referred
 23 15 to in this section as independent ballots.  When two or more
 23 16 persons are to be elected to the same office, and the machine
 23 17 requires that all independent ballots voted for that office be
 23 18 deposited in a single receptacle or device, an elector a
 23 19 registered voter may vote in or by the receptacle or device
 23 20 for one or more persons whose names do not appear upon the
 23 21 machine with or without the names of one or more persons whose
 23 22 names do so appear.  With that exception, and except for
 23 23 presidential electors, no independent ballot shall be voted
 23 24 for any person for any office whose name appears on the
 23 25 machine as a nominated candidate for that office; any
 23 26 independent ballot so voted shall not be counted.  An
 23 27 independent ballot must be cast in its appropriate place on
 23 28 the machine, or it shall be void and not counted.
 23 29    Sec. 48.  Section 52.18, Code 2001, is amended to read as
 23 30 follows:
 23 31    52.18  METHOD OF VOTING.
 23 32    After the opening of the polls, the precinct election
 23 33 officials shall not allow any voter to enter the voting
 23 34 machine booth until they ascertain that the voter is duly
 23 35 entitled to vote.  Only one voter at a time shall be permitted
 24  1 to enter the voting machine booth to vote.  The operating of
 24  2 the voting machine by the elector registered voter while
 24  3 voting shall be secret and obscured from all other persons,
 24  4 except as provided by sections 49.89, 49.90 and 49.91 in cases
 24  5 of voting by assisted electors registered voters.  No voter
 24  6 shall remain within the voting machine booth longer than three
 24  7 minutes, and if the voter shall refuse to leave it after the
 24  8 lapse of three minutes, the voter shall be removed by the
 24  9 officials.
 24 10    Sec. 49.  Section 52.19, Code 2001, is amended to read as
 24 11 follows:
 24 12    52.19  INSTRUCTIONS.
 24 13    In case any elector registered voter after entering the
 24 14 voting machine booth shall ask for further instructions
 24 15 concerning the manner of voting, two precinct election
 24 16 officials of opposite political parties shall give such
 24 17 instructions to the elector registered voter; but no precinct
 24 18 election official or other election officer or person
 24 19 assisting an elector a registered voter shall in any manner
 24 20 request, suggest, or seek to persuade or induce any such
 24 21 elector registered voter to vote any particular ticket, or for
 24 22 any particular candidate, or for or against any particular
 24 23 amendment, question, or proposition.  After receiving such
 24 24 instructions, such elector registered voter shall vote as in
 24 25 the case of an unassisted voter.
 24 26    Sec. 50.  Section 52.26, subsection 7, Code 2001, is
 24 27 amended to read as follows:
 24 28    7.  The voting punch device shall be so constructed and
 24 29 designed so if an elector a registered voter makes an error in
 24 30 marking the ballot, the machine shall indicate the error and
 24 31 permit the elector registered voter to make a correction
 24 32 according to the provisions of section 52.30, subsection 4.
 24 33    Sec. 51.  Section 53.11, unnumbered paragraph 2, Code 2001,
 24 34 is amended to read as follows:
 24 35    Satellite absentee voting stations shall be established
 25  1 throughout the cities and county at the direction of the
 25  2 commissioner or upon receipt of a petition signed by not less
 25  3 than one hundred eligible electors registered voters
 25  4 requesting that a satellite absentee voting station be
 25  5 established at a location to be described on the petition.  A
 25  6 satellite absentee voting station established by petition must
 25  7 be open at least one day for a minimum of six hours.  A
 25  8 satellite absentee voting station established at the direction
 25  9 of the commissioner or by petition may remain open until five
 25 10 p.m. on the day before the election.
 25 11    Sec. 52.  Section 53.18, Code 2001, is amended to read as
 25 12 follows:
 25 13    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
 25 14    Upon receipt of the absentee ballot, the commissioner shall
 25 15 at once record the number appearing on the application and
 25 16 return carrier envelope and time of receipt of such ballot and
 25 17 attach the elector's registered voter's application to the
 25 18 unopened envelope.  Absentee ballots shall be stored in a
 25 19 secure place until they are delivered to the absentee and
 25 20 special voters.
 25 21    Sec. 53.  Section 53.31, unnumbered paragraph 2, Code 2001,
 25 22 is amended to read as follows:
 25 23    The commissioner shall immediately send a written notice to
 25 24 the elector registered voter whose qualifications have been
 25 25 challenged.  The notice shall be sent to the address at which
 25 26 the challenged elector registered voter is registered to vote.
 25 27 If the ballot was mailed to the challenged elector registered
 25 28 voter, the notice shall also be sent to the address to which
 25 29 the ballot was mailed if it is different from the elector's
 25 30 registered voter's registration address.  The notice shall
 25 31 advise the elector registered voter of the reason for the
 25 32 challenge, the date and time that the special precinct
 25 33 election board will reconvene to determine challenges, and
 25 34 that the elector registered voter has the right to submit
 25 35 written evidence of the elector's registered voter's
 26  1 qualifications.  The notice shall include the telephone number
 26  2 of the commissioner's office.  If the commissioner has access
 26  3 to a facsimile machine, the notice shall include the telephone
 26  4 number of the facsimile machine.  As far as possible, other
 26  5 procedures for considering special ballots shall be followed.
 26  6    Sec. 54.  Section 53.32, Code 2001, is amended to read as
 26  7 follows:
 26  8    53.32  BALLOT OF DECEASED VOTER.
 26  9    When it shall be made to appear by due proof to the
 26 10 precinct election officials that any elector registered voter,
 26 11 who has so marked and forwarded a ballot, has died before the
 26 12 ballot envelope is opened, then the ballot of such deceased
 26 13 voter shall be endorsed, "Rejected because voter is dead", and
 26 14 be returned to the commissioner; but the casting of the ballot
 26 15 of a deceased voter shall not invalidate the election.
 26 16    Sec. 55.  Section 53.35A, Code 2001, is amended to read as
 26 17 follows:
 26 18    53.35A  FAILURE TO RETURN BALLOT – PENALTY.
 26 19    Any person designated by the commissioner, or by the
 26 20 elector registered voter casting the absentee ballot, to
 26 21 deliver the sealed envelope containing the absentee ballot,
 26 22 who willfully fails to return the ballot to the commissioner
 26 23 or the commissioner's designee, is guilty of a serious
 26 24 misdemeanor.
 26 25    Sec. 56.  Section 53.37, Code 2001, is amended by adding
 26 26 the following new unnumbered paragraph:
 26 27    NEW UNNUMBERED PARAGRAPH.  For the purposes of this
 26 28 division, "qualified voter" means a person who is included
 26 29 within the term "armed forces of the United States" as
 26 30 described in this section, who would be qualified to register
 26 31 to vote under section 48A.5, subsection 2, except for
 26 32 residency, and who is not disqualified from registering to
 26 33 vote and voting under section 48A.6.
 26 34    Sec. 57.  Section 56.15, subsections 1 and 2, Code 2001,
 26 35 are amended to read as follows:
 27  1    1.  Except as provided in subsections 3 and 4, it is
 27  2 unlawful for an insurance company, savings and loan
 27  3 association, bank, credit union, or corporation organized
 27  4 pursuant to the laws of this state, the United States, or any
 27  5 other state, territory, or foreign country, whether for profit
 27  6 or not, or an officer, agent, or representative acting for
 27  7 such insurance company, savings and loan association, bank,
 27  8 credit union, or corporation, to contribute any money,
 27  9 property, labor, or thing of value, directly or indirectly, to
 27 10 a committee, or to expressly advocate that the vote of an
 27 11 elector a registered voter be used to nominate, elect, or
 27 12 defeat a candidate for public office, except that such
 27 13 resources may be so expended in connection with a utility
 27 14 franchise election held pursuant to section 364.2, subsection
 27 15 4, or a ballot issue.  All such expenditures are subject to
 27 16 the disclosure requirements of this chapter.
 27 17    2.  Except as provided in subsection 3, it is unlawful for
 27 18 a member of a committee, or its employee or representative,
 27 19 except a ballot issue committee, or for a candidate for office
 27 20 or the representative of the candidate, to solicit, request,
 27 21 or knowingly receive from an insurance company, savings and
 27 22 loan association, bank, credit union, or corporation organized
 27 23 pursuant to the laws of this state, the United States, or any
 27 24 other state, territory, or foreign country, whether for profit
 27 25 or not, or its officer, agent, or representative, any money,
 27 26 property, or thing of value belonging to the insurance
 27 27 company, savings and loan association, bank, or corporation
 27 28 for campaign expenses, or to expressly advocate that the vote
 27 29 of an elector a registered voter be used to nominate, elect,
 27 30 or defeat a candidate for public office.  This section does
 27 31 not restrain or abridge the freedom of the press or prohibit
 27 32 the consideration and discussion in the press of candidacies,
 27 33 nominations, public officers, or public questions.
 27 34    Sec. 58.  Section 57.1, subsection 1, paragraph b, Code
 27 35 2001, is amended to read as follows:
 28  1    b.  The outcome of the election on a public measure may be
 28  2 contested by petition of the greater of ten eligible electors
 28  3 registered voters or a number of eligible electors registered
 28  4 voters equalling one percent of the total number of votes cast
 28  5 upon the public measure; each petitioner must be a person who
 28  6 was entitled to vote on the public measure in question or
 28  7 would have been so entitled if registered to vote.
 28  8    Sec. 59.  Section 62.5, Code 2001, is amended to read as
 28  9 follows:
 28 10    62.5  STATEMENT.
 28 11    The contestant shall file in the office of the county
 28 12 auditor, within twenty days after the day when the incumbent
 28 13 was declared elected, a written statement of intention to
 28 14 contest the election, setting forth the name of the
 28 15 contestant, and that the contestant is qualified to hold such
 28 16 office, the name of the incumbent, the office contested, the
 28 17 time of the election, and the particular causes of contest,
 28 18 which statement shall be verified by the affidavit of the
 28 19 contestant, or some elector registered voter of the county,
 28 20 that the causes set forth are true as that person verily
 28 21 believes.
 28 22    Sec. 60.  Section 62.17, Code 2001, is amended to read as
 28 23 follows:
 28 24    62.17  VOTERS REQUIRED TO TESTIFY.
 28 25    The court may require any person called as a witness, who
 28 26 voted at such election, to answer touching the person's
 28 27 qualifications as a voter, and, if the person was not a
 28 28 qualified registered voter in the county where the person
 28 29 voted, then to answer for whom the person voted.
 28 30    Sec. 61.  Section 66.3, subsections 2 and 3, Code 2001, are
 28 31 amended to read as follows:
 28 32    2.  As to state officers, by not fewer than twenty-five
 28 33 electors registered voters of the state.
 28 34    3.  As to any other officer, by five qualified electors
 28 35 registered voters of the district, county, or municipality
 29  1 where the duties of the office are to be performed.
 29  2    Sec. 62.  Section 69.4, subsection 3, Code 2001, is amended
 29  3 to read as follows:
 29  4    3.  By senators and representatives in Congress, all
 29  5 officers elected by the qualified registered voters in the
 29  6 state or any district or division thereof larger than a
 29  7 county, or chosen by the general assembly, all judges of
 29  8 courts of record, all officers, trustees, inspectors, and
 29  9 members of all boards and commissions now or hereafter created
 29 10 under the laws of the state, and all persons filling any
 29 11 position of trust or profit in the state, for which no other
 29 12 provision is made, to the governor.
 29 13    Sec. 63.  Section 75.1, Code 2001, is amended to read as
 29 14 follows:
 29 15    75.1  BONDS – ELECTION – VOTE REQUIRED.
 29 16    When a proposition to authorize an issuance of bonds by a
 29 17 county, township, school corporation, city, or by any local
 29 18 board or commission, is submitted to the electors registered
 29 19 voters, such proposition shall not be deemed carried or
 29 20 adopted, anything in the statutes to the contrary
 29 21 notwithstanding, unless the vote in favor of such
 29 22 authorization is equal to at least sixty percent of the total
 29 23 vote cast for and against said proposition at said election.
 29 24    All ballots cast and not counted as a vote for or against
 29 25 the proposition shall not be used in computing the total vote
 29 26 cast for and against said proposition.
 29 27    When a proposition to authorize an issuance of bonds has
 29 28 been submitted to the electors registered voters under this
 29 29 section and the proposal fails to gain approval by the
 29 30 required percentage of votes, such proposal, or any proposal
 29 31 which incorporates any portion of the defeated proposal, shall
 29 32 not be submitted to the electors registered voters for a
 29 33 period of six months from the date of such regular or special
 29 34 election.
 29 35    Sec. 64.  Section 76.7, Code 2001, is amended to read as
 30  1 follows:
 30  2    76.7  PARTICULAR BONDS AFFECTED – PAYMENT.
 30  3    Counties, cities and school corporations may at any time or
 30  4 times extend or renew any legal indebtedness or any part
 30  5 thereof they may have represented by bonds or certificates
 30  6 where such indebtedness is payable from a limited annual tax
 30  7 or from a voted annual tax, and may by resolution fund or
 30  8 refund the same and issue bonds therefor running not more than
 30  9 twenty years to be known as funding or refunding bonds, and
 30 10 make provision for the payment of the principal and interest
 30 11 thereof from the proceeds of an annual tax for the period
 30 12 covered by such bonds similar to the tax authorized by law or
 30 13 by the electors registered voters for the payment of the
 30 14 indebtedness so extended or renewed.
 30 15    Sec. 65.  Section 125.3, Code 2001, is amended to read as
 30 16 follows:
 30 17    125.3  SUBSTANCE ABUSE PROGRAM AND COMMISSION ESTABLISHED.
 30 18    The Iowa department of public health shall include a
 30 19 program which shall develop, implement and administer a
 30 20 comprehensive substance abuse program pursuant to sections
 30 21 125.1 to 125.43.  A commission on substance abuse is created
 30 22 to establish certain policies governing the performance of the
 30 23 department in the discharge of duties imposed on it by this
 30 24 chapter and advise the department on other policies.  The
 30 25 commission shall consist of nine members appointed by the
 30 26 governor.  Appointments shall be made on the basis of interest
 30 27 in and knowledge of substance abuse, however two of the
 30 28 members shall be persons who, in their regular work, have
 30 29 direct contact with substance abuse clients.  Only eligible
 30 30 electors registered voters of the state of Iowa shall be
 30 31 appointed.
 30 32    Sec. 66.  Section 145A.6, Code 2001, is amended to read as
 30 33 follows:
 30 34    145A.6  PETITION OF PROTEST.
 30 35    The plans formulated for the area hospital shall be deemed
 31  1 approved unless, within sixty days after the third and final
 31  2 publication of the order, a petition protesting the proposed
 31  3 plan containing the signatures of at least five percent of the
 31  4 qualified registered voters of any political subdivision
 31  5 within the proposed merged area is filed with the respective
 31  6 officials of the protesting petitioners.
 31  7    Sec. 67.  Section 145A.7, Code 2001, is amended to read as
 31  8 follows:
 31  9    145A.7  SPECIAL ELECTION.
 31 10    When a protesting petition is received, the officials
 31 11 receiving the petition shall call a special election of all
 31 12 qualified registered voters of that political subdivision for
 31 13 the purpose of approving or rejecting the order setting out
 31 14 the proposed merger plan.  The vote will be taken by ballot in
 31 15 the form provided by sections 49.43 to 49.47, and the election
 31 16 shall be initiated and held as provided in chapter 49.  A
 31 17 majority vote of those qualified registered voters voting at
 31 18 said special election shall be sufficient to approve the order
 31 19 and thus include the political subdivision within the merged
 31 20 area.
 31 21    Sec. 68.  Section 145A.11, Code 2001, is amended to read as
 31 22 follows:
 31 23    145A.11  TERMS OF MEMBERS.
 31 24    The terms of members of the board shall be four years,
 31 25 except that members of the initial board shall determine their
 31 26 respective terms by lot so that the terms of one-half of the
 31 27 members, as nearly as may be, shall expire at the next general
 31 28 election.  The remaining initial terms shall expire at the
 31 29 following general election.  The successors of the initial
 31 30 board shall be chosen from area districts at regular
 31 31 elections, and shall be nominated and elected in the same
 31 32 manner as county hospital trustees as provided in section
 31 33 347.25, except that nomination papers on behalf of a candidate
 31 34 shall be signed by not less than twenty-five eligible electors
 31 35 registered voters from the area district.
 32  1    Sec. 69.  Section 161A.5, subsection 2, Code 2001, is
 32  2 amended to read as follows:
 32  3    2.  The governing body of each district shall consist of
 32  4 five commissioners elected on a nonpartisan basis for
 32  5 staggered four-year terms commencing on the first day of
 32  6 January that is not a Sunday or holiday following their
 32  7 election.  Any eligible elector registered voter residing in
 32  8 the district is eligible to the office of commissioner, except
 32  9 that no more than one commissioner shall at any one time be a
 32 10 resident of any one township.  A vacancy is created in the
 32 11 office of any commissioner who changes residence into a
 32 12 township where another commissioner then resides.  If a
 32 13 commissioner is absent for sixty or more percent of monthly
 32 14 meetings during any twelve-month period, the other
 32 15 commissioners by their unanimous vote may declare the member's
 32 16 office vacant.  A vacancy in the office of commissioner shall
 32 17 be filled by appointment of the state soil conservation
 32 18 committee until the next succeeding general election, at which
 32 19 time the balance of the unexpired term shall be filled as
 32 20 provided by section 69.12.
 32 21    Sec. 70.  Section 161A.5, subsection 3, unnumbered
 32 22 paragraph 1, Code 2001, is amended to read as follows:
 32 23    At each general election a successor shall be chosen for
 32 24 each commissioner whose term will expire in the succeeding
 32 25 January.  Nomination of candidates for the office of
 32 26 commissioner shall be made by petition in accordance with
 32 27 chapter 45, except that each candidate's nominating petition
 32 28 shall be signed by at least twenty-five eligible electors
 32 29 registered voters of the district.  The petition form shall be
 32 30 furnished by the county commissioner of elections.  Every
 32 31 candidate shall file with the nomination papers an affidavit
 32 32 stating the candidate's name, the candidate's residence, that
 32 33 the person is a candidate and is eligible for the office of
 32 34 commissioner, and that if elected the candidate will qualify
 32 35 for the office.  The affidavit shall also state that the
 33  1 candidate is aware that the candidate is disqualified from
 33  2 holding office if the candidate has been convicted of a felony
 33  3 or other infamous crime and the candidate's rights have not
 33  4 been restored by the governor or by the president of the
 33  5 United States.
 33  6    Sec. 71.  Section 176A.8, subsection 3, unnumbered
 33  7 paragraph 1, Code 2001, is amended to read as follows:
 33  8    To and shall, at least ninety days prior to the date fixed
 33  9 for the election of council members, appoint a nominating
 33 10 committee consisting of four persons who are not council
 33 11 members and designate the chairperson.  The membership of the
 33 12 nominating committee shall be gender balanced.  The nominating
 33 13 committee shall consider the geographic distribution of
 33 14 potential nominees in nominating one or more resident
 33 15 registered voters of the extension district as candidates for
 33 16 election to each office to be filled at the election.  To
 33 17 qualify for the election ballot, each nominee shall file a
 33 18 nominating petition signed by at least twenty-five eligible
 33 19 electors registered voters of the district with the county
 33 20 commissioner of elections at least sixty-nine days before the
 33 21 date of election.
 33 22    Sec. 72.  Section 217.2, unnumbered paragraph 3, Code 2001,
 33 23 is amended to read as follows:
 33 24    All members of the council shall be electors registered
 33 25 voters of the state of Iowa.  No more than four members shall
 33 26 belong to the same political party and no more than two
 33 27 members shall, at the time of appointment, reside in the same
 33 28 congressional district.  At least one member of the council
 33 29 shall be a member of a county board of supervisors at the time
 33 30 of appointment to the council.  Vacancies occurring during a
 33 31 term of office shall be filled in the same manner as the
 33 32 original appointment for the balance of the unexpired term
 33 33 subject to confirmation by the senate.
 33 34    Sec. 73.  Section 230A.5, Code 2001, is amended to read as
 33 35 follows:
 34  1    230A.5  ELECTION OF TRUSTEES.
 34  2    The election of community mental health center trustees
 34  3 shall take place at the general election on ballots which
 34  4 shall not reflect a nominee's political affiliation.
 34  5 Nomination shall be made by petition in accordance with
 34  6 chapter 45.  The petition form shall be furnished by the
 34  7 county commissioner of elections, signed by eligible electors
 34  8 registered voters of the county or affiliated counties equal
 34  9 in number to one percent of the vote cast therein for
 34 10 president of the United States or governor, as the case may
 34 11 be, in the last previous general election, and shall be filed
 34 12 with the county commissioner of elections.  A plurality shall
 34 13 be sufficient to elect community mental health center
 34 14 trustees, and no primary election for that office shall be
 34 15 held.
 34 16    Sec. 74.  Section 256.63, unnumbered paragraph 1, Code
 34 17 2001, is amended to read as follows:
 34 18    A trustee of a regional board shall be elected without
 34 19 regard to political affiliation at the general election by the
 34 20 vote of the electors of the trustee's district from a list of
 34 21 nominees, the names of which have been taken from nomination
 34 22 papers filed in accordance with chapter 45 in all respects
 34 23 except that they shall be signed by not less than twenty-five
 34 24 eligible electors registered voters of the respective
 34 25 district.  The election shall be administered by the
 34 26 commissioner who has jurisdiction under section 47.2.
 34 27    Sec. 75.  Section 257.18, subsection 2, unnumbered
 34 28 paragraph 1, Code 2001, is amended to read as follows:
 34 29    If the board does not provide for an election and adopts a
 34 30 resolution to participate in the instructional support
 34 31 program, the district shall participate in the instructional
 34 32 support program unless within twenty-eight days following the
 34 33 action of the board, the secretary of the board receives a
 34 34 petition containing the required number of signatures, asking
 34 35 that an election be called to approve or disapprove the action
 35  1 of the board in adopting the instructional support program.
 35  2 The petition must be signed by eligible electors registered
 35  3 voters equal in number to not less than one hundred or thirty
 35  4 percent of the number of voters at the last preceding regular
 35  5 school election, whichever is greater.  The board shall either
 35  6 rescind its action or direct the county commissioner of
 35  7 elections to submit the question to the registered voters of
 35  8 the school district at the next following regular school
 35  9 election or a special election.  If a majority of those voting
 35 10 on the question at the election favors disapproval of the
 35 11 action of the board, the district shall not participate in the
 35 12 instructional support program.  If a majority of those voting
 35 13 on the question favors approval of the action, the board shall
 35 14 certify the results of the election to the department of
 35 15 management and the district shall participate in the program.
 35 16    Sec. 76.  Section 257.29, unnumbered paragraph 5, Code
 35 17 2001, is amended to read as follows:
 35 18    Once approved at an election, the authority of the board to
 35 19 use the educational improvement program shall continue until
 35 20 the board votes to rescind the educational improvement program
 35 21 or the voters of the school district by majority vote order
 35 22 the discontinuance of the program.  The board shall call an
 35 23 election to vote on the proposition whether to discontinue the
 35 24 program upon the receipt of a petition signed by not less than
 35 25 one hundred eligible electors registered voters or thirty
 35 26 percent of the number of electors registered voters voting at
 35 27 the last preceding school election, whichever is greater.
 35 28    Sec. 77.  Section 257.33, unnumbered paragraph 1, Code
 35 29 2001, is amended to read as follows:
 35 30    If the electors registered voters of a school district
 35 31 approved the use of the additional enrichment amount prior to
 35 32 July 1, 1991, under chapter 442 or section 279.43, as they
 35 33 appeared in Code 1991, the approval for use of the enrichment
 35 34 amount shall continue in effect until the expiration of the
 35 35 period for which it was approved and districts may use the
 36  1 additional enrichment amount during that period.  However,
 36  2 section 257.28 applies to the use of the additional enrichment
 36  3 amount.
 36  4    Sec. 78.  Section 257.48, unnumbered paragraph 1, Code
 36  5 2001, is amended to read as follows:
 36  6    At the written request of one or more boards of school
 36  7 districts, in an area education agency, the area education
 36  8 agency board shall establish one or more gifted and talented
 36  9 children advisory councils and shall appoint members for four-
 36 10 year staggered terms.  The terms of office of advisory council
 36 11 members shall commence on July 1 of each year.  An advisory
 36 12 council shall consist of seven members including teachers,
 36 13 parents, school administrators, and other persons interested
 36 14 in education in the area.  Except as otherwise provided in
 36 15 this section, members shall be eligible electors registered
 36 16 voters residing in the merged area.  Members shall serve
 36 17 without compensation but shall be reimbursed for actual and
 36 18 necessary expenses and mileage incurred in the performance of
 36 19 their duties from funds available to the area education
 36 20 agency.
 36 21    Sec. 79.  Section 260C.11, unnumbered paragraph 1, Code
 36 22 2001, is amended to read as follows:
 36 23    The governing board of a merged area is a board of
 36 24 directors composed of one member elected from each director
 36 25 district in the area by the electors registered voters of the
 36 26 respective district.  Members of the board shall be residents
 36 27 of the district from which elected.  Successors shall be
 36 28 chosen at the annual school elections for members whose terms
 36 29 expire.  The term of a member of the board of directors is
 36 30 three years and commences at the organization meeting.
 36 31 Vacancies on the board shall be filled at the next regular
 36 32 meeting of the board by appointment by the remaining members
 36 33 of the board.  A member so chosen shall be a resident of the
 36 34 district in which the vacancy occurred and shall serve until a
 36 35 member is elected pursuant to section 69.12 to fill the
 37  1 vacancy for the balance of the unexpired term.  A vacancy is
 37  2 defined in section 277.29.  A member shall not serve on the
 37  3 board of directors who is a member of a board of directors of
 37  4 a local school district or a member of an area education
 37  5 agency board.
 37  6    Sec. 80.  Section 260C.15, subsection 2, Code 2001, is
 37  7 amended to read as follows:
 37  8    2.  A candidate for member of the board of directors of a
 37  9 merged area shall be nominated by a petition signed by not
 37 10 less than fifty eligible electors registered voters of the
 37 11 director district from which the member is to be elected.  The
 37 12 petition shall state the number of the director district from
 37 13 which the candidate seeks election, and the candidate's name
 37 14 and status as an eligible elector a registered voter of the
 37 15 director district.  Signers of the petition, in addition to
 37 16 signing their names, shall show their residence, including
 37 17 street and number if any, the school district in which they
 37 18 reside, and the date they signed the petition.  A person may
 37 19 sign nomination petitions for more than one candidate for the
 37 20 same office, and the signature is not invalid solely because
 37 21 the person signed nomination petitions for one or more other
 37 22 candidates for the office.  The petition shall include the
 37 23 affidavit of the candidate being nominated, stating the
 37 24 candidate's name and residence, and that the individual is a
 37 25 candidate, is eligible for the office sought, and if elected
 37 26 will qualify for the office.
 37 27    Sec. 81.  Section 260C.39, unnumbered paragraph 1, Code
 37 28 2001, is amended to read as follows:
 37 29    Any merged area may combine with any adjacent merged area
 37 30 after a favorable vote by the electors registered voters of
 37 31 each of the areas involved.  If the boards of directors of two
 37 32 or more merged areas agree to a combination, the question
 37 33 shall be submitted to the electors registered voters of each
 37 34 area at a special election to be held on the same day in each
 37 35 area.  The special election shall not be held within thirty
 38  1 days of any general election.  Prior to the special election,
 38  2 the board of each merged area shall notify the county
 38  3 commissioner of elections of the county in which the greatest
 38  4 proportion of the merged area's taxable base is located who
 38  5 shall publish notice of the election according to section
 38  6 49.53.  The two respective county commissioners of elections
 38  7 shall conduct the election pursuant to the provisions of
 38  8 chapters 39 to 53.  The votes cast in the election shall be
 38  9 canvassed by the county board of supervisors and the county
 38 10 commissioners of elections who conducted the election shall
 38 11 certify the results to the board of directors of each merged
 38 12 area.
 38 13    Sec. 82.  Section 273.8, subsection 2, Code 2001, is
 38 14 amended to read as follows:
 38 15    2.  ELECTION OF DIRECTORS.  The board of directors of the
 38 16 area education agency shall be elected at director district
 38 17 conventions attended by members of the boards of directors of
 38 18 the local school districts located within the director
 38 19 district.  The member of the area education agency board to be
 38 20 elected at the director district convention may be a member of
 38 21 a local school district board of directors and shall be an
 38 22 elector a registered voter and a resident of the director
 38 23 district, other than school district employees.
 38 24    The director district conventions shall be called and the
 38 25 locations of the conventions shall be determined by the area
 38 26 education agency administrator.  Annually the director
 38 27 district conventions shall be held within two weeks following
 38 28 the regular school election.  Notice of the time, date and
 38 29 place of a director district convention shall be published by
 38 30 the area education agency administrator at least forty-five
 38 31 days prior to the day of the district conventions in at least
 38 32 one newspaper of general circulation in the director district.
 38 33 The cost of publication shall be paid by the area education
 38 34 agency.
 38 35    The board of each separate school district which is located
 39  1 entirely or partially inside an area education agency director
 39  2 district shall cast a vote for director of the area education
 39  3 agency board based upon the ratio that the population of the
 39  4 school district, or portion of the school district, in the
 39  5 director district bears to the total population in the
 39  6 director district.  The population of each school district or
 39  7 portion shall be determined by the department of education.
 39  8    Vacancies, as defined in section 277.29, in the membership
 39  9 of the area education agency board shall be filled for the
 39 10 unexpired portion of the term at a special director district
 39 11 convention called and conducted in the manner provided in this
 39 12 subsection for regular director district conventions.
 39 13    A candidate for election to the area education agency board
 39 14 shall file a statement of candidacy with the area education
 39 15 agency secretary at least ten days prior to the date of the
 39 16 director district convention, on forms prescribed by the
 39 17 department of education.  The statement of candidacy shall
 39 18 include the candidate's name, address and school district.
 39 19 The list of candidates shall be sent by the secretary of the
 39 20 area education agency by ordinary mail to the presidents of
 39 21 the boards of directors of all school districts within the
 39 22 director district immediately following the last day for
 39 23 filing the statement of candidacy.  However, if no candidate
 39 24 files with the area education agency secretary by the
 39 25 deadline, an eligible elector a registered voter who is
 39 26 present at the director district convention may be nominated
 39 27 at the convention by a delegate from a board of directors of a
 39 28 school district located within the director district.
 39 29 Delegates to director district conventions shall not be bound
 39 30 by a school board or any school board member to pledge their
 39 31 votes to any candidate prior to the date of the convention.
 39 32    Sec. 83.  Section 274.14, Code 2001, is amended to read as
 39 33 follows:
 39 34    274.14  RESTORATION.
 39 35    When the natural obstacles by reason of which territory has
 40  1 been set off by the area education agency administrator from
 40  2 one school district and attached to another in the same or an
 40  3 adjoining county, as provided in section 274.13, have been
 40  4 removed, such territory may, upon the concurrence of the
 40  5 respective boards, be restored to the school district from
 40  6 which set off and shall be so restored by said boards upon the
 40  7 written application of two-thirds of the electors registered
 40  8 voters residing upon the territory so set off together with
 40  9 the concurrence of the area education agency administrator and
 40 10 the board of the school district from which such territory was
 40 11 originally set off by the said administrator.
 40 12    Sec. 84.  Section 275.3, Code 2001, is amended to read as
 40 13 follows:
 40 14    275.3  MINIMUM SIZE.
 40 15    No new school district shall be planned by an area
 40 16 education agency board nor shall any proposal for creation or
 40 17 enlargement of any school district be approved by an area
 40 18 education agency board or submitted to electors registered
 40 19 voters unless there reside within the proposed limits of such
 40 20 district at least three hundred persons of school age who were
 40 21 enrolled in public schools in the preceding school year.
 40 22 Provided, however, that the director of the department of
 40 23 education shall have authority to grant permission to an area
 40 24 education agency board to approve the formation or enlargement
 40 25 of a school district containing a lower school enrollment than
 40 26 required in this section on the written request of such area
 40 27 education agency board if such request is accompanied by
 40 28 evidence tending to show that sparsity of population, natural
 40 29 barriers or other good reason makes it impracticable to meet
 40 30 the school enrollment requirement.
 40 31    Sec. 85.  Section 275.6, Code 2001, is amended to read as
 40 32 follows:
 40 33    275.6  PROGRESSIVE PROGRAM.
 40 34    It is the intent of this chapter that the area education
 40 35 agency board shall carry on the program of reorganization
 41  1 progressively and shall, insofar as is possible, authorize
 41  2 submission of proposals to the electors registered voters as
 41  3 they are developed and approved.
 41  4    Sec. 86.  Section 275.12, subsection 2, Code 2001, is
 41  5 amended to read as follows:
 41  6    2.  The petition filed under subsection 1 shall also state
 41  7 the name of the proposed school district and the number of
 41  8 directors which may be either five or seven and the method of
 41  9 election of the school directors of the proposed district.
 41 10 The method of election of the directors shall be one of the
 41 11 following optional plans:
 41 12    a.  Election at large from the entire district by the
 41 13 electors registered voters of the entire district.
 41 14    b.  Division of the entire school district into designated
 41 15 geographical single director or multi-director subdistricts on
 41 16 the basis of population for each director, to be known as
 41 17 director districts, each of which director districts shall be
 41 18 represented on the school board by one or more directors who
 41 19 shall be residents of the director district but who shall be
 41 20 elected by the vote of the electors registered voters of the
 41 21 entire school district.  The boundaries of the director
 41 22 districts and the area and population included within each
 41 23 district shall be such as justice, equity, and the interests
 41 24 of the people may require.  Changes in the boundaries of
 41 25 director districts shall not be made during a period
 41 26 commencing sixty days prior to the date of the annual school
 41 27 election.  Insofar as may be practicable, the boundaries of
 41 28 the districts shall follow established political or natural
 41 29 geographical divisions.
 41 30    c.  Election of not more than one-half of the total number
 41 31 of school directors at large from the entire district and the
 41 32 remaining directors from and as residents of designated
 41 33 single-member or multi-member director districts into which
 41 34 the entire school district shall be divided on the basis of
 41 35 population for each director.  In such case, all directors
 42  1 shall be elected by the electors registered voters of the
 42  2 entire school district.  Changes in the boundaries of director
 42  3 districts shall not be made during a period commencing sixty
 42  4 days prior to the date of the annual school election.
 42  5    d.  Division of the entire school district into designated
 42  6 geographical single director or multi-director subdistricts on
 42  7 the basis of population for each director, to be known as
 42  8 director districts, each of which director districts shall be
 42  9 represented on the school board by one or more directors who
 42 10 shall be residents of the director district and who shall be
 42 11 elected by the voters of the director district.  Place of
 42 12 voting in the director districts shall be designated by the
 42 13 commissioner of elections.  Changes in the boundaries of
 42 14 director districts shall not be made during a period
 42 15 commencing sixty days prior to the date of the annual school
 42 16 election.
 42 17    e.  In districts having seven directors, election of three
 42 18 directors at large by the electors registered voters of the
 42 19 entire district, one at each annual school election, and
 42 20 election of the remaining directors as residents of and by the
 42 21 electors registered voters of individual geographic
 42 22 subdistricts established on the basis of population and
 42 23 identified as director districts.  Boundaries of the
 42 24 subdistricts shall follow precinct boundaries, insofar as
 42 25 practicable, and shall not be changed less than sixty days
 42 26 prior to the annual school election.
 42 27    Sec. 87.  Section 275.23A, subsection 2, Code 2001, is
 42 28 amended to read as follows:
 42 29    2.  Following each federal decennial census the school
 42 30 board shall determine whether the existing director district
 42 31 boundaries meet the standards in subsection 1 according to the
 42 32 most recent federal decennial census.  If necessary, the board
 42 33 of directors shall redraw the director district boundaries.
 42 34 The director district boundaries shall be described in a
 42 35 resolution adopted by the school board.  The resolution shall
 43  1 be adopted no earlier than November 15 of the year immediately
 43  2 following the year in which the federal decennial census is
 43  3 taken nor later than April 30 of the second year immediately
 43  4 following the year in which the federal decennial census is
 43  5 taken.  A copy of the plan shall be filed with the area
 43  6 education agency administrator of the area education agency in
 43  7 which the school's electors registered voters reside.
 43  8    Sec. 88.  Section 275.25, subsection 1, unnumbered
 43  9 paragraph 1, Code 2001, is amended to read as follows:
 43 10    If the proposition to establish a new school district
 43 11 carries under the method provided in this chapter, the area
 43 12 education agency administrator with whom the petition was
 43 13 filed shall give written notice of a proposed date for a
 43 14 special election for directors of the newly formed school
 43 15 district to the commissioner of elections of the county in the
 43 16 district involved in the reorganization which has the greatest
 43 17 taxable base.  The proposed date shall be as soon as possible
 43 18 pursuant to section 39.2, subsections 1 and 2, and section
 43 19 47.6, subsections 1 and 2, but not later than the third
 43 20 Tuesday in January of the calendar year in which the
 43 21 reorganization takes effect.  The election shall be conducted
 43 22 as provided in section 277.3, and nomination petitions shall
 43 23 be filed pursuant to section 277.4, except as otherwise
 43 24 provided in this subsection.  Nomination petitions shall be
 43 25 filed with the secretary of the board of the existing school
 43 26 district in which the candidate resides, signed by not less
 43 27 than ten eligible electors registered voters of the newly
 43 28 formed district, and filed not less than twenty-eight days
 43 29 before the date set for the special school election.  The
 43 30 school secretary, or the secretary's designee, shall be
 43 31 present in the secretary's office until five p.m. on the final
 43 32 day to file the nomination papers.  The nomination papers
 43 33 shall be delivered to the commissioner no later than five p.m.
 43 34 on the twenty-seventh day before the election.
 43 35    Sec. 89.  Section 275.35, Code 2001, is amended to read as
 44  1 follows:
 44  2    275.35  CHANGE OF METHOD OF ELECTIONS.
 44  3    Any existing or hereafter created or enlarged school
 44  4 district may change the number of directors to either five or
 44  5 seven and may also change its method of election of school
 44  6 directors to any method authorized by section 275.12 by
 44  7 submission of a proposal, stating the proposed new method of
 44  8 election and describing the boundaries of the proposed
 44  9 director districts if any, by the school board of such
 44 10 district to the electors registered voters at any regular or
 44 11 special school election.  The school board shall notify the
 44 12 county commissioner of elections who shall publish notice of
 44 13 the election in the manner provided in section 49.53.  The
 44 14 election shall be conducted pursuant to chapters 39 to 53 by
 44 15 the county commissioner of elections.  Such proposal shall be
 44 16 adopted if it is approved by a majority of the votes cast on
 44 17 the proposition.
 44 18    Sec. 90.  Section 275.36, Code 2001, is amended to read as
 44 19 follows:
 44 20    275.36  SUBMISSION OF CHANGE TO ELECTORS.
 44 21    If a petition for a change in the number of directors or in
 44 22 the method of election of school directors, describing the
 44 23 boundaries of the proposed director districts, if any, signed
 44 24 by eligible electors registered voters of the school district
 44 25 equal in number to at least thirty percent of those who voted
 44 26 in the last previous annual school election in the school
 44 27 district, but not less than one hundred persons, and
 44 28 accompanied by affidavit as required by section 275.13 be
 44 29 filed with the school board of a school district, not earlier
 44 30 than six months and not later than sixty-seven days before a
 44 31 regular or special school election, the school board shall
 44 32 submit such proposition to the voters at the election.  If a
 44 33 proposition for a change in the number of directors or in the
 44 34 method of election of school directors submitted to the voters
 44 35 under this section is rejected, it shall not be resubmitted to
 45  1 the voters of the district in substantially the same form
 45  2 within the next three years; if it is approved, no other
 45  3 proposal may be submitted to the voters of the district under
 45  4 this section within the next six years.
 45  5    Sec. 91.  Section 275.51, unnumbered paragraph 2, Code
 45  6 2001, is amended to read as follows:
 45  7    The dissolution commission shall consist of seven members
 45  8 appointed by the board for a term of office ending either with
 45  9 a report to the board that no proposal can be approved or on
 45 10 the date of the election on the proposal.  Members of the
 45 11 dissolution commission must be eligible electors registered
 45 12 voters who reside in the school district, not more than three
 45 13 of whom may be members of the board of directors of the school
 45 14 district.  Members shall be appointed from throughout the
 45 15 school district and should represent the various socioeconomic
 45 16 factors present in the school district.
 45 17    Sec. 92.  Section 277.4, unnumbered paragraph 2, Code 2001,
 45 18 is amended to read as follows:
 45 19    Each candidate shall be nominated by petition.  If the
 45 20 candidate is running for a seat in the district which is voted
 45 21 for at-large, the petition must be signed by at least ten
 45 22 eligible electors registered voters, or a number of eligible
 45 23 electors registered voters equal in number to not less than
 45 24 one percent of the registered voters of the school district,
 45 25 whichever is more.  If the candidate is running for a seat
 45 26 which is voted for only by the voters of a director district,
 45 27 the petition must be signed by at least ten eligible electors
 45 28 registered voters of the director district or a number of
 45 29 eligible electors registered voters equal in number to not
 45 30 less than one percent of the registered voters in the director
 45 31 district, whichever is more.  A petition filed under this
 45 32 section shall not be required to have more than one hundred
 45 33 signatures.
 45 34    Sec. 93.  Section 277.6, Code 2001, is amended to read as
 45 35 follows:
 46  1    277.6  TERRITORY OUTSIDE COUNTY.
 46  2    If there is within a school corporation any territory not
 46  3 within the limits of the county whose county commissioner of
 46  4 elections is responsible under section 47.2 for conducting
 46  5 that school corporation's elections, the commissioner may
 46  6 divide the territory which lies outside the county but within
 46  7 the school district into additional precincts, or may attach
 46  8 the various parts thereof to contiguous precincts within the
 46  9 responsible commissioner's county in accordance with section
 46 10 49.3, and as will best serve the convenience of the electors
 46 11 registered voters of said territory in voting on school
 46 12 matters.
 46 13    Sec. 94.  Section 277.27, Code 2001, is amended to read as
 46 14 follows:
 46 15    277.27  QUALIFICATION.
 46 16    A member of the board shall, at the time of election or
 46 17 appointment, be an eligible elector a registered voter of the
 46 18 corporation or subdistrict.  Notwithstanding any contrary
 46 19 provision of the Code, a member of the board of directors of a
 46 20 school district shall not receive compensation directly from
 46 21 the school board.
 46 22    Sec. 95.  Section 278.1, unnumbered paragraph 3, Code 2001,
 46 23 is amended to read as follows:
 46 24    Before entering into a rental or lease-purchase option
 46 25 contract, authorized by the electors registered voters, the
 46 26 board shall first adopt plans and specifications for a
 46 27 building or buildings which it considers suitable for the
 46 28 intended use and also adopt a form of rental or lease-purchase
 46 29 option contract.  The board shall then invite bids thereon, by
 46 30 advertisement published once each week for two consecutive
 46 31 weeks, in a newspaper published in the county in which the
 46 32 building or buildings are to be located, and the rental or
 46 33 lease-purchase option contract shall be awarded to the lowest
 46 34 responsible bidder, but the board may reject any and all bids
 46 35 and advertise for new bids.
 47  1    Sec. 96.  Section 278.2, unnumbered paragraph 1, Code 2001,
 47  2 is amended to read as follows:
 47  3    The board may, and upon the written request of one hundred
 47  4 eligible electors registered voters or a number of electors
 47  5 which equals thirty percent of the number of electors who
 47  6 voted in the last regular school board election, whichever
 47  7 number is greater, shall, direct the county commissioner of
 47  8 elections to provide in the notice of the regular election for
 47  9 the submission of any proposition authorized by law to the
 47 10 voters.  When the board has directed the commissioner to
 47 11 submit to the voters a proposition authorized by section
 47 12 278.1, subsection 7 or 8, it shall not thereafter direct the
 47 13 commissioner to submit at the same election any other
 47 14 proposition under either of those subsections.
 47 15    Sec. 97.  Section 278.3, Code 2001, is amended to read as
 47 16 follows:
 47 17    278.3  POWER GIVEN ELECTORS NOT TO LIMIT DIRECTORS' POWER.
 47 18    The power vested in the electors registered voters by
 47 19 section 278.1 shall not affect or limit the power granted to
 47 20 the board of directors of a school district in section 297.7,
 47 21 subsection 2, and the authority granted in said subsection
 47 22 shall be construed as independent of the power vested in the
 47 23 electors registered voters by section 278.1.
 47 24    Sec. 98.  Section 282.11, unnumbered paragraph 1, Code
 47 25 2001, is amended to read as follows:
 47 26    Not less than ninety days prior to signing a whole grade
 47 27 sharing agreement whereby all or a substantial portion of the
 47 28 pupils in a grade in the district will attend school in
 47 29 another district, the board of directors of each school
 47 30 district that is negotiating, extending, or renewing a sharing
 47 31 agreement, shall publicly announce its intent to negotiate a
 47 32 sharing agreement under section 21.4, subsection 1.  Within
 47 33 thirty days of the board's public notice, a petition may be
 47 34 filed with the department of education requesting that a
 47 35 feasibility study be completed.  The petition shall be signed
 48  1 by twenty percent of the eligible electors registered voters
 48  2 in the district.  The director of the department of education
 48  3 may determine that a feasibility study conducted by the board
 48  4 satisfies the request, provided that the study conforms with
 48  5 the criteria contained in section 256.9.
 48  6    Sec. 99.  Section 296.2, Code 2001, is amended to read as
 48  7 follows:
 48  8    296.2  PETITION FOR ELECTION.
 48  9    Before indebtedness can be contracted in excess of one and
 48 10 one-quarter percent of the assessed value of the taxable
 48 11 property, a petition signed by eligible electors registered
 48 12 voters equal in number to twenty-five percent of those voting
 48 13 at the last election of school officials shall be filed with
 48 14 the president of the board of directors, asking that an
 48 15 election be called, stating the amount of bonds proposed to be
 48 16 issued and the purpose or purposes for which the indebtedness
 48 17 is to be created, and that the purpose or purposes cannot be
 48 18 accomplished within the limit of one and one-quarter percent
 48 19 of the valuation.  The petition may request the calling of an
 48 20 election on one or more propositions and a proposition may
 48 21 include one or more purposes.
 48 22    Sec. 100.  Section 297.25, Code 2001, is amended to read as
 48 23 follows:
 48 24    297.25  RULE OF CONSTRUCTION.
 48 25    Section 297.22 shall be construed as independent of the
 48 26 power vested in the electors registered voters by section
 48 27 278.1, and as additional to such power.
 48 28    Sec. 101.  Section 298.2, subsection 4, unnumbered
 48 29 paragraph 1, Code 2001, is amended to read as follows:
 48 30    The board may, and upon the written request of not less
 48 31 than one hundred eligible electors registered voters or thirty
 48 32 percent of the number of eligible electors registered voters
 48 33 voting at the last regular school election, whichever is
 48 34 greater, shall, direct the county commissioner of elections to
 48 35 provide for submitting the proposition of levying the voter-
 49  1 approved physical plant and equipment levy for a period of
 49  2 time authorized by the voters in the notice of election, not
 49  3 to exceed ten years, in the notice of the regular school
 49  4 election.  The proposition is adopted if a majority of those
 49  5 voting on the proposition at the election approves it.  The
 49  6 voter-approved physical plant and equipment levy shall be
 49  7 funded either by a physical plant and equipment property tax
 49  8 or by a combination of a physical plant and equipment property
 49  9 tax and a physical plant and equipment income surtax, as
 49 10 determined by the board.  However, if the board intends to
 49 11 enter into a rental or lease arrangement under section 279.26,
 49 12 or intends to enter into a loan agreement under section
 49 13 297.36, only a property tax shall be levied for those
 49 14 purposes.  Subject to the limitations of section 298.14, if
 49 15 the board uses a combination of a physical plant and equipment
 49 16 property tax and a physical plant and equipment surtax, for
 49 17 each fiscal year the board shall determine the percent of
 49 18 income surtax to be imposed expressed as full percentage
 49 19 points, not to exceed twenty percent.
 49 20    Sec. 102.  Section 298.7, subsection 2, Code 2001, is
 49 21 amended to read as follows:
 49 22    2.  However, if a school district which is qualified to
 49 23 contract for library services under subsection 1 levies a tax
 49 24 not to exceed twenty cents per thousand dollars of assessed
 49 25 valuation of the taxable property for school library purposes
 49 26 in the fiscal year before a reorganization involving the
 49 27 district, the tax levy shall remain valid for succeeding
 49 28 fiscal years, and shall be levied and collected against the
 49 29 taxable property of the former district which is part of the
 49 30 reorganized district for school library purposes.  The
 49 31 contract and the tax levy may be discontinued by a petition
 49 32 signed by eligible electors registered voters residing in the
 49 33 former district.  The petition requesting the discontinuance
 49 34 must be signed by no fewer than one hundred eligible electors
 49 35 registered voters or thirty percent of the number voting at
 50  1 the last preceding school election in the former district,
 50  2 whichever is greater.  The petition must be filed with the
 50  3 secretary of the board of directors of the school district at
 50  4 least seventy-five days before the next regular school
 50  5 election.  The proposal to discontinue the levy shall be
 50  6 deemed adopted if the vote in favor of the discontinuance is
 50  7 equal to at least a majority of the total vote cast on the
 50  8 proposal by the electors of the former school district.
 50  9    Sec. 103.  Section 298.18, unnumbered paragraph 4, Code
 50 10 2001, is amended to read as follows:
 50 11    The amount estimated and certified to apply on principal
 50 12 and interest for any one year may exceed two dollars and
 50 13 seventy cents per thousand dollars of assessed value by the
 50 14 amount approved by the voters of the school corporation, but
 50 15 not exceeding four dollars and five cents per thousand of the
 50 16 assessed value of the taxable property within any school
 50 17 corporation, provided that the qualified registered voters of
 50 18 such school corporation have first approved such increased
 50 19 amount at a special election, which may be held at the same
 50 20 time as the regular school election.  The proposition
 50 21 submitted to the voters at such special election shall be in
 50 22 substantially the following form:
 50 23    Sec. 104.  Section 298A.5, Code 2001, is amended to read as
 50 24 follows:
 50 25    298A.5  SCHOOLHOUSE TAX LEVY FUND.
 50 26    The schoolhouse tax levy fund is a special revenue fund.  A
 50 27 schoolhouse tax levy fund must be established in any school
 50 28 corporation which levies the tax which was authorized by
 50 29 section 278.1, subsection 7, Code 1989.  This fund shall
 50 30 continue in existence until all tax has been collected and all
 50 31 moneys have been expended for the purposes originally
 50 32 authorized by the electors registered voters.
 50 33    Sec. 105.  Section 300.2, unnumbered paragraph 1, Code
 50 34 2001, is amended to read as follows:
 50 35    The board of directors of a school district may, and upon
 51  1 receipt of a petition signed by eligible electors registered
 51  2 voters equal in number to at least twenty-five percent of the
 51  3 number of voters at the last preceding school election, shall,
 51  4 direct the county commissioner of elections to submit to the
 51  5 registered voters of the school district the question of
 51  6 whether to levy a tax of not to exceed thirteen and one-half
 51  7 cents per thousand dollars of assessed valuation for public
 51  8 educational and recreational activities authorized under this
 51  9 chapter.  If at the time of filing the petition, it is more
 51 10 than three months until the next regular school election, the
 51 11 board of directors shall submit the question at a special
 51 12 election within sixty days.  Otherwise, the question shall be
 51 13 submitted at the next regular school election.
 51 14    Sec. 106.  Section 301.24, Code 2001, is amended to read as
 51 15 follows:
 51 16    301.24  PETITION – ELECTION.
 51 17    Whenever a petition signed by ten percent of the qualified
 51 18 registered voters in the school district, to be determined by
 51 19 the school board of any school district, shall be filed with
 51 20 the secretary thirty days or more before the regular election,
 51 21 asking that the question of providing free textbooks for the
 51 22 use of pupils in the public schools thereof be submitted to
 51 23 the voters at the next regular election, the secretary shall
 51 24 cause notice of such proposition to be given in the notice of
 51 25 such election.
 51 26    Sec. 107.  Section 301.27, Code 2001, is amended to read as
 51 27 follows:
 51 28    301.27  DISCONTINUANCE OF LOANING.
 51 29    The electors registered voters may, at any election called
 51 30 as provided in section 301.24, direct the board to discontinue
 51 31 the loaning of textbooks to pupils.
 51 32    Sec. 108.  Section 303.21, unnumbered paragraph 1, Code
 51 33 2001, is amended to read as follows:
 51 34    Not less than ten percent of the eligible registered voters
 51 35 in an area of asserted historical significance may petition
 52  1 the department for a referendum for the establishment of a
 52  2 district.
 52  3    Sec. 109.  Section 303.26, unnumbered paragraph 1, Code
 52  4 2001, is amended to read as follows:
 52  5    At the same time the referendum is held, an election shall
 52  6 be held for the commission.  Each registered voter at the
 52  7 referendum may write upon the ballot the names of not more
 52  8 than five persons who are eligible registered voters within
 52  9 the district to be members of the commission.
 52 10    Sec. 110.  Section 303.33, unnumbered paragraph 1, Code
 52 11 2001, is amended to read as follows:
 52 12    Two years after the establishment of a district, a
 52 13 referendum for the termination of the district shall be held
 52 14 if ten percent of the eligible registered voters in the
 52 15 district so request.  If the registered voters, by a majority
 52 16 of those voting, favor termination, sections 303.20 through
 52 17 303.32 will no longer have any effect on the property formerly
 52 18 included in the district.
 52 19    Sec. 111.  Section 303.41, Code 2001, is amended to read as
 52 20 follows:
 52 21    303.41  ELIGIBILITY AND PURPOSE.
 52 22    A land use district shall not be created under this
 52 23 subchapter unless it is an area of contiguous territory
 52 24 encompassing twenty thousand acres or more of predominately
 52 25 rural and agricultural land owned by a single entity which has
 52 26 within its general boundaries at least seven platted villages
 52 27 which are not incorporated as municipalities at the time the
 52 28 district is organized.  The eligible electors registered
 52 29 voters may create a land use district to conserve the
 52 30 distinctive historical and cultural character and peculiar
 52 31 suitability of the area for particular uses with a view to
 52 32 conserving the value of all existing and proposed structures
 52 33 and land and to preserve the quality of life of those citizens
 52 34 residing within the boundaries of the contiguous area by
 52 35 preserving its historical and cultural quality.
 53  1    Sec. 112.  Section 303.42, unnumbered paragraph 1, Code
 53  2 2001, is amended to read as follows:
 53  3    Ten percent or more of the qualified registered voters
 53  4 residing within the limits of a proposed land use district may
 53  5 file a petition in the office of the county auditor of the
 53  6 county in which the proposed land use district, or its major
 53  7 portion, is located, requesting that there be submitted to the
 53  8 qualified registered voters of the proposed district the
 53  9 question of whether the territory within the boundaries of the
 53 10 proposed district shall be organized as a land use district
 53 11 under this subchapter.  The petition shall be addressed to the
 53 12 board of supervisors of the county where it is filed and shall
 53 13 set forth the following:
 53 14    Sec. 113.  Section 303.45, Code 2001, is amended to read as
 53 15 follows:
 53 16    303.45  HEARING OF PETITION AND ORDER.
 53 17    The board of supervisors to whom the petition is addressed
 53 18 shall preside at the hearing provided for in section 303.44
 53 19 and shall continue the hearing in session, with adjournments
 53 20 from day to day, if necessary, until completed, without being
 53 21 required to give any further notice of it.  Proof of the
 53 22 residence and qualification of the petitioners as qualified
 53 23 voters registered voters shall be made by affidavit or
 53 24 otherwise as the board may direct.  The board shall consider
 53 25 the boundaries of the proposed land use district, whether they
 53 26 shall be as described in the petition or otherwise, and for
 53 27 that purpose may alter and amend the petition and limit or
 53 28 change the boundaries of the proposed district as stated in
 53 29 the petition.  The boundaries of a proposed district shall not
 53 30 be changed to include property not included in the original
 53 31 petition and published notice until the owner of that property
 53 32 is given notice as on the original hearing.  All persons in
 53 33 the proposed district shall have an opportunity to be heard
 53 34 regarding the location and boundaries of the proposed district
 53 35 and to make suggestions regarding them.  The board of
 54  1 supervisors, after hearing the statements, evidence, and
 54  2 suggestions made and offered at the hearing, shall enter an
 54  3 order fixing the boundaries of the proposed district and
 54  4 directing that an election be held for the purpose of
 54  5 submitting to the qualified registered voters residing within
 54  6 the boundaries of the proposed district the question of
 54  7 organization and establishment of the proposed land use
 54  8 district as determined by the board of supervisors.  The order
 54  9 shall fix a date for the election not more than sixty days
 54 10 after the date of the order, establish voting precincts within
 54 11 the proposed district and define their boundaries, and specify
 54 12 the polling places which in the board's judgment will best
 54 13 serve the convenience of the voters, and shall appoint from
 54 14 residents of the proposed district three judges and two clerks
 54 15 of election for each voting precinct established.
 54 16    Sec. 114.  Section 303.47, Code 2001, is amended to read as
 54 17 follows:
 54 18    303.47  ELECTION.
 54 19    Each qualified registered voter residing within the
 54 20 proposed district may cast a ballot at the election and a
 54 21 person shall not vote in any precinct but that of the person's
 54 22 residence.  Ballots at the election shall be in substantially
 54 23 the following form:  
 54 24     For Land Use District      
 54 25     Against Land Use District       
 54 26    PARAGRAPH DIVIDED.  The election shall be conducted in the
 54 27 manner provided by law for general elections and the ballots
 54 28 so cast shall be issued, received, returned, and canvassed in
 54 29 the same manner and by the same officers, in the county whose
 54 30 board of supervisors is vested with jurisdiction of the
 54 31 proceedings, as provided by law in the case of ballots cast
 54 32 for county officers, except as modified by this subchapter.
 54 33 The board of supervisors shall cause a statement of the result
 54 34 of the election to be spread upon the records of the county
 54 35 auditor.  If a majority of the votes cast upon the question of
 55  1 incorporation of the proposed district is in favor of the
 55  2 proposed district, the proposed district becomes an organized
 55  3 district under this subchapter.
 55  4    Sec. 115.  Section 303.52A, Code 2001, is amended to read
 55  5 as follows:
 55  6    303.52A  INCLUSION OR EXCLUSION OF LAND.
 55  7    If at least sixty percent of the qualified electors
 55  8 registered voters of a land area petition the board of
 55  9 supervisors for inclusion in or exclusion from a land use
 55 10 district, the board shall review the petition and determine if
 55 11 the petition contains a sufficient number of qualified
 55 12 electors registered voters residing in the affected land area
 55 13 and, if the petition is sufficient, submit it to the board of
 55 14 trustees of the land use district.  The land area to be
 55 15 included in or excluded from the land use district must be
 55 16 contiguous to the land use district.  If two thirds of the
 55 17 membership of the board of trustees vote in favor of the
 55 18 petition, the petition shall be granted and the land area
 55 19 included in or excluded from the district.
 55 20    Sec. 116.  Section 330A.17, Code 2001, is amended to read
 55 21 as follows:
 55 22    330A.17  STATUTE COMPLETE AND ADDITIONAL AUTHORITY.
 55 23    The powers conferred by this chapter shall be in addition
 55 24 and supplemental to any other law and this chapter shall not
 55 25 be construed so as to repeal any other law, except to the
 55 26 extent of any conflict between the provisions of this chapter
 55 27 and the provisions of any other law, in which event the
 55 28 provisions of this chapter shall be controlling and shall, to
 55 29 the extent of any such conflict, supersede the provisions of
 55 30 any other law.  This chapter is intended to and shall provide
 55 31 an alternative and complete method for the exercise of the
 55 32 powers granted by this chapter, and the aviation facilities
 55 33 authorized by this chapter may be constructed, acquired, or
 55 34 improved and bonds or other obligations issued pursuant to
 55 35 this chapter upon compliance with the provisions of this
 56  1 chapter without regard to or necessity for compliance with the
 56  2 limitations or restrictions contained in any other law.  No
 56  3 approval of the qualified electors registered voters or
 56  4 qualified freeholders of the state, or of any other political
 56  5 subdivision or taxing unit or agency thereof, or of the member
 56  6 municipalities shall be required for the issuance of any bonds
 56  7 by an authority pursuant to this chapter.
 56  8    Sec. 117.  Section 331.101, subsection 7, Code 2001, is
 56  9 amended to read as follows:
 56 10    7.  "Commission" means a body of eligible electors
 56 11 registered voters authorized to study, review, analyze, and
 56 12 recommend an alternative form of county government.
 56 13    Sec. 118.  Section 331.203, subsection 1, Code 2001, is
 56 14 amended to read as follows:
 56 15    1.  The board may by resolution, or shall upon petition of
 56 16 the number of eligible electors registered voters of the
 56 17 county as specified in section 331.306, submit to the
 56 18 registered voters of the county at a general election a
 56 19 proposition to increase the number of supervisors to five.
 56 20    Sec. 119.  Section 331.204, subsection 1, Code 2001, is
 56 21 amended to read as follows:
 56 22    1.  In a county having a five-member board, the board may
 56 23 by resolution, or shall upon petition of the number of
 56 24 eligible electors registered voters of the county as specified
 56 25 in section 331.306, submit to the registered voters of the
 56 26 county at a general election a proposition to reduce the
 56 27 number of supervisors to three.
 56 28    Sec. 120.  Section 331.206, subsection 1, paragraph c, Code
 56 29 2001, is amended to read as follows:
 56 30    c.  Plan "three."  Election from single-member equal-
 56 31 population districts, in which the electors registered voters
 56 32 of each district shall elect one member who must reside in
 56 33 that district.
 56 34    Sec. 121.  Section 331.207, subsection 1, Code 2001, is
 56 35 amended to read as follows:
 57  1    1.  The board, upon petition of the number of eligible
 57  2 electors registered voters of the county as specified in
 57  3 section 331.306, shall call a special election to be held for
 57  4 the purpose of selecting one of the supervisor representation
 57  5 plans specified in section 331.206 under which the board of
 57  6 supervisors shall be elected.
 57  7    Sec. 122.  Section 331.209, subsection 2, Code 2001, is
 57  8 amended to read as follows:
 57  9    2.  Each supervisor must reside in a separate supervisor
 57 10 district but shall be elected by the electors registered
 57 11 voters of the county at large.  Election ballots shall be
 57 12 prepared to specify the district which each candidate seeks to
 57 13 represent and each elector registered voter may cast a vote
 57 14 for one candidate from each district for which a supervisor is
 57 15 to be chosen in the general election.
 57 16    Sec. 123.  Section 331.210, Code 2001, is amended to read
 57 17 as follows:
 57 18    331.210  PLAN "THREE."
 57 19    If plan "three" is selected pursuant to section 331.206 or
 57 20 331.207, the supervisor districts shall be drawn and
 57 21 supervisors shall be elected as provided in section 331.209,
 57 22 except the boundaries of supervisor districts shall follow
 57 23 voting precinct lines and each member of the board and each
 57 24 candidate for the office shall be elected or nominated at the
 57 25 primary and general elections by only the electors registered
 57 26 voters of the district which that candidate seeks to
 57 27 represent.
 57 28    Sec. 124.  Section 331.210A, subsection 1, paragraph c,
 57 29 Code 2001, is amended to read as follows:
 57 30    c.  A member of the county board of supervisors may be
 57 31 appointed as a member of the temporary county redistricting
 57 32 commission.  No person shall be appointed to the temporary
 57 33 county redistricting commission who is not an eligible elector
 57 34 a registered voter of the county at the time of appointment.
 57 35    Sec. 125.  Section 331.232, subsections 1 and 2, Code 2001,
 58  1 are amended to read as follows:
 58  2    1.  A charter to change a form of county government may be
 58  3 submitted to the electors of a county only by a commission
 58  4 established by resolution of the board upon petition of the
 58  5 number of eligible electors registered voters of the county
 58  6 equal to at least twenty-five percent of the votes cast in the
 58  7 county for the office of president of the United States or
 58  8 governor at the preceding general election or the signatures
 58  9 of at least ten thousand eligible electors registered voters
 58 10 of the county, whichever number is fewer.
 58 11    2.  The council of any city wishing to participate in a
 58 12 city-county consolidation charter commission must notify the
 58 13 board by resolution within thirty days of the creation of the
 58 14 commission pursuant to subsection 1.  A city's participation
 58 15 in a city-county consolidation charter commission may be
 58 16 proposed by the city council adopting a resolution in favor of
 58 17 participation or by eligible electors registered voters of the
 58 18 city equal in number to at least twenty-five percent of the
 58 19 persons who voted at the last regular city election
 58 20 petitioning the council to adopt a resolution in favor of
 58 21 participation.  The council shall within ten days of the
 58 22 filing of a valid petition adopt such a resolution.
 58 23    Sec. 126.  Section 331.233, subsection 2, unnumbered
 58 24 paragraph 1, Code 2001, is amended to read as follows:
 58 25    Only eligible electors registered voters of the county not
 58 26 holding a city, county, or state office shall be members of
 58 27 the commission.  In counties having multiple state legislative
 58 28 districts, the districts shall be represented as equally as
 58 29 possible.  The membership shall be bipartisan and gender
 58 30 balanced and each appointing authority under subsection 1
 58 31 shall provide for representation of various age groups, racial
 58 32 minorities, economic groups, and representatives of
 58 33 identifiable geographically defined populations, all in
 58 34 reasonable relationship to the proportions in which these
 58 35 groups are present in the population of the commission area.
 59  1 A vacancy on the commission shall be filled by appointment in
 59  2 the same manner as the original appointment.  The county
 59  3 auditor shall notify the appropriate appointing authority of a
 59  4 vacancy.
 59  5    Sec. 127.  Section 331.236, Code 2001, is amended to read
 59  6 as follows:
 59  7    331.236  BALLOT REQUIREMENTS.
 59  8    Unless otherwise provided, the question of adopting the
 59  9 proposed alternative form of government shall be submitted to
 59 10 the electors registered voters in substantially the following
 59 11 form:
 59 12    Should the (charter or amendment) described below be
 59 13 adopted for (insert name of local government)?
 59 14    The ballot must contain a brief description and summary of
 59 15 the proposed charter or amendment.
 59 16    Sec. 128.  Section 331.244, subsection 2, Code 2001, is
 59 17 amended to read as follows:
 59 18    2.  An amendment to a county government organization may be
 59 19 proposed by initiative upon petition of the number of eligible
 59 20 electors registered voters of the county equal to at least ten
 59 21 percent of the votes cast at the preceding election for the
 59 22 office of president of the United States or governor, or by
 59 23 resolution adopted by the governing body.  The question on
 59 24 amendment of county government organization shall be submitted
 59 25 to the electors as soon as possible after the submission of a
 59 26 petition or adoption of a resolution, either at a general
 59 27 election or at a special election.
 59 28    Sec. 129.  Section 331.245, Code 2001, is amended to read
 59 29 as follows:
 59 30    331.245  LIMITATIONS ON AMENDMENTS TO COUNTY GOVERNMENT.
 59 31    The electors registered voters of a county who have adopted
 59 32 an amendment to county government may not vote on the question
 59 33 of amending the county government for two years.  An amendment
 59 34 shall not include an alternative form of county government.
 59 35    Sec. 130.  Section 331.247, subsection 5, Code 2001, is
 60  1 amended to read as follows:
 60  2    5.  A city may join an existing city-county consolidated
 60  3 government by resolution of the city council or upon petition
 60  4 of eligible electors registered voters of the city equal in
 60  5 number to at least twenty-five percent of the persons who
 60  6 voted at the last general election for the office of governor
 60  7 or president of the United States, whichever is fewer.  Within
 60  8 fifteen days after receiving a valid petition, the city
 60  9 council of the petitioning city shall adopt a resolution in
 60 10 favor of participation and shall immediately forward the
 60 11 resolution to the legislative body of the city-county
 60 12 consolidated government.  If a majority of the city-county
 60 13 consolidated legislative body approves the resolution, the
 60 14 question of joining the city-county consolidated government
 60 15 shall be submitted to the electorate of the petitioning city
 60 16 within sixty days after approval of the resolution.
 60 17    Sec. 131.  Section 331.249, subsection 2, unnumbered
 60 18 paragraph 1, Code 2001, is amended to read as follows:
 60 19    A consolidated unit of local government may include an area
 60 20 which is located in another county, but which is within the
 60 21 corporate boundaries of one of the consolidated cities.
 60 22 County services shall be provided in the extra-county area and
 60 23 taxes to fund those services shall be collected in the extra-
 60 24 county area by the consolidated government, to the extent
 60 25 permitted by the Constitution of the State of Iowa.  In
 60 26 addition to the right to vote in the county of residence,
 60 27 electors registered voters residing in the extra-county area
 60 28 shall have the right to vote on any matter related to the
 60 29 consolidated unit of local government, including election of
 60 30 its officials.
 60 31    Sec. 132.  Section 331.252, unnumbered paragraph 1, Code
 60 32 2001, is amended to read as follows:
 60 33    The question of city-county consolidation shall be
 60 34 submitted to the electors registered voters in substantially
 60 35 the following form:
 61  1    Sec. 133.  Section 331.255, unnumbered paragraph 1, Code
 61  2 2001, is amended to read as follows:
 61  3    The question of multicounty consolidation shall be
 61  4 submitted to the electors registered voters in substantially
 61  5 the following form:
 61  6    Sec. 134.  Section 331.256, Code 2001, is amended to read
 61  7 as follows:
 61  8    331.256  JOINING EXISTING MULTICOUNTY CONSOLIDATED
 61  9 GOVERNMENT.
 61 10    A county may join an existing multicounty consolidated
 61 11 government by resolution of the board of supervisors or upon
 61 12 petition of eligible electors registered voters of the county
 61 13 equal in number to at least twenty-five percent of the persons
 61 14 who voted at the last general election for the office of
 61 15 governor or president of the United States, whichever is
 61 16 fewer.  Within fifteen days after receiving a valid petition,
 61 17 the board of the petitioning county shall adopt a resolution
 61 18 in favor of participation and shall immediately forward the
 61 19 resolution to the legislative body of the multicounty
 61 20 consolidated government.  If a majority of the multicounty
 61 21 consolidated board of supervisors approves the resolution, the
 61 22 question of joining the multicounty consolidated government
 61 23 shall be submitted to the electorate of the petitioning county
 61 24 within sixty days after approval of the resolution.
 61 25    Sec. 135.  Section 331.262, subsection 2, unnumbered
 61 26 paragraph 2, Code 2001, is amended to read as follows:
 61 27    A city or county may join an existing community
 61 28 commonwealth government by resolution of the board or council,
 61 29 whichever is applicable, or upon petition of eligible electors
 61 30 registered voters of the city or county, whichever is
 61 31 applicable, equal in number to at least twenty-five percent of
 61 32 the persons who voted at the last general election for the
 61 33 office of governor or president of the United States,
 61 34 whichever is fewer.  Within fifteen days after receiving a
 61 35 valid petition, the applicable governing body shall adopt a
 62  1 resolution in favor of participation and shall immediately
 62  2 forward the resolution to the governing body of the community
 62  3 commonwealth.  If a majority of the community commonwealth
 62  4 governing body approves the resolution, the question of
 62  5 joining the community commonwealth shall be submitted to the
 62  6 electorate of the petitioning city or county within sixty days
 62  7 after approval of the resolution.
 62  8    Sec. 136.  Section 331.306, unnumbered paragraph 1, Code
 62  9 2001, is amended to read as follows:
 62 10    If a petition of the voters is authorized by this chapter,
 62 11 the petition is valid if signed by eligible electors
 62 12 registered voters of the county equal in number to at least
 62 13 ten percent of the votes cast in the county for the office of
 62 14 president of the United States or governor at the preceding
 62 15 general election, unless otherwise provided by state law.  The
 62 16 petition shall include the signatures of the petitioners, a
 62 17 statement of their place of residence, and the date on which
 62 18 they signed the petition.
 62 19    Sec. 137.  Section 331.323, subsection 1, unnumbered
 62 20 paragraph 2, Code 2001, is amended to read as follows:
 62 21    If a petition of electors registered voters equal in number
 62 22 to twenty-five percent of the votes cast for the county office
 62 23 receiving the greatest number of votes at the preceding
 62 24 general election is filed with the auditor no later than five
 62 25 working days before the filing deadline for candidates for
 62 26 county offices as specified in section 44.4 for the next
 62 27 general election, the board shall direct the commissioner of
 62 28 elections to call an election for the purpose of voting on the
 62 29 proposal.  If the petition contains more than one proposal for
 62 30 combining duties, each proposal shall be listed on the ballot
 62 31 as a separate issue.  If the majority of the votes cast is in
 62 32 favor of a proposal, the board shall take all steps necessary
 62 33 to combine the duties as specified in the petition.
 62 34    Sec. 138.  Section 331.441, subsection 2, paragraph b,
 62 35 subparagraph (7), Code 2001, is amended to read as follows:
 63  1    (7)  Enlargement and improvement of a county hospital
 63  2 acquired and operated under chapter 347A, subject to a maximum
 63  3 of two percent of the assessed value of the taxable property
 63  4 in the county.  However, notice of the proposed bond issue
 63  5 shall be published once each week for two consecutive weeks
 63  6 and if, within twenty days following the date of the first
 63  7 publication, a petition requesting an election on the proposal
 63  8 and signed by qualified registered voters of the county equal
 63  9 in number to at least twenty percent of the votes cast at the
 63 10 preceding election for governor is filed with the county
 63 11 auditor, the proposal is subject to the election requirements
 63 12 in section 331.442, subsections 2, 3 and 4 for general county
 63 13 purpose bonds.
 63 14    Sec. 139.  Section 331.441, subsection 2, paragraph b,
 63 15 subparagraph (12), subparagraph subdivision (b), Code 2001, is
 63 16 amended to read as follows:
 63 17    (b)  General obligation bonds for the purposes described in
 63 18 this subparagraph are subject to an election held in the
 63 19 manner provided in section 331.442, subsections 1 through 4,
 63 20 if not later than fifteen days following the action by the
 63 21 county board of supervisors, eligible registered voters file a
 63 22 petition with the county commissioner of elections asking that
 63 23 the question of issuing the bonds be submitted to the
 63 24 registered voters of the special service area tax district.
 63 25 The petition must be signed by at least five percent of the
 63 26 registered voters residing in the special service area tax
 63 27 district.  If the petition is duly filed within the fifteen
 63 28 days, the board of supervisors shall either adopt a resolution
 63 29 declaring that the proposal to issue the bonds is abandoned,
 63 30 or direct the county commissioner of elections to call a
 63 31 special election within a special service area tax district
 63 32 upon the question of issuing the bonds.
 63 33    Sec. 140.  Section 331.461, subsection 2, paragraph d, Code
 63 34 2001, is amended to read as follows:
 63 35    d.  The equipment, enlargement, and improvement of a county
 64  1 public hospital previously established and operating under
 64  2 chapter 347, including acquisition of the necessary lands,
 64  3 rights of way, and other property, subject to approval by the
 64  4 board of hospital trustees.  However, notice of the proposed
 64  5 bond issue shall be published at least once each week for two
 64  6 consecutive weeks and if, within thirty days following the
 64  7 date of the first publication, a petition requesting an
 64  8 election on the proposal and signed by qualified registered
 64  9 voters of the county equal to at least twenty percent of the
 64 10 votes cast at the preceding election for governor is filed
 64 11 with the county auditor, the proposal is subject to the
 64 12 election requirements in section 331.442, subsections 2, 3 and
 64 13 4, for general county purpose bonds.  Bonds issued under this
 64 14 paragraph shall mature in not more than thirty years from date
 64 15 of issuance.
 64 16    Sec. 141.  Section 331.661, subsection 1, Code 2001, is
 64 17 amended to read as follows:
 64 18    1.  Two or more county boards of supervisors may adopt
 64 19 resolutions proposing to share the services of a county
 64 20 sheriff.  The resolutions shall also propose that the question
 64 21 of establishing the office of multicounty sheriff be submitted
 64 22 to the electorate of the counties proposing to share the
 64 23 services of a county sheriff.  The proposal is adopted in
 64 24 those counties where a majority of the electors registered
 64 25 voters voting approves the proposal.
 64 26    Sec. 142.  Section 336.2, unnumbered paragraph 2, Code
 64 27 2001, is amended to read as follows:
 64 28    Eligible electors Registered voters residing within the
 64 29 proposed district in a number not less than five percent of
 64 30 those voting for president of the United States or governor,
 64 31 as the case may be, within said district at the last general
 64 32 election may petition the board of supervisors of the county
 64 33 or counties for the establishment of such county library
 64 34 district.  Said petition shall clearly designate the area to
 64 35 be included in the district.
 65  1    Sec. 143.  Section 336.4, Code 2001, is amended to read as
 65  2 follows:
 65  3    336.4  LIBRARY TRUSTEES.
 65  4    In any county or counties in which a library district has
 65  5 been established a board of library trustees, consisting of
 65  6 five, seven, or nine electors registered voters of the library
 65  7 district, shall be appointed by the board or boards of
 65  8 supervisors of the county or counties comprising such library
 65  9 district.  Membership on the library board shall be
 65 10 apportioned between the rural and city areas of the district
 65 11 in proportion to the population in each of such areas.  In the
 65 12 event the library district is composed of two or more
 65 13 counties, representation on said library board shall be
 65 14 equitably divided between or among said counties in proportion
 65 15 to the population in each of such counties.
 65 16    Sec. 144.  Section 336.14, Code 2001, is amended to read as
 65 17 follows:
 65 18    336.14  NOT APPLICABLE TO CONTRACT SERVICE.
 65 19    The provisions of this chapter pertaining to the
 65 20 establishment of a county library district shall not apply to
 65 21 any area receiving library service from any city library,
 65 22 unless the petition for a county library district, in addition
 65 23 to the required signatures of electors registered voters, is
 65 24 signed by the governing body of the area receiving library
 65 25 service under contract.
 65 26    Sec. 145.  Section 336.16, unnumbered paragraph 4, Code
 65 27 2001, is amended to read as follows:
 65 28    A county library district may be terminated if a majority
 65 29 of the electors registered voters of the unincorporated area
 65 30 of the county and the cities included in the county library
 65 31 district voting on the issue favor the termination.  The
 65 32 election shall be held upon motion of the board of supervisors
 65 33 and simultaneously with a primary, general, or other county
 65 34 election.  If the vote favors termination, the termination
 65 35 shall be effective on the succeeding July 1.
 66  1    Sec. 146.  Section 336.18, subsection 2, paragraph a, Code
 66  2 2001, is amended to read as follows:
 66  3    a.  Contracts shall provide for the amount to be
 66  4 contributed.  They may, by mutual consent of the contracting
 66  5 parties, be terminated at any time.  They may also be
 66  6 terminated by a majority of the voters represented by either
 66  7 of the contracting parties, voting on a proposition to
 66  8 terminate which shall be submitted by the governing body upon
 66  9 a written petition of qualified registered voters in a number
 66 10 not less than five percent of those who voted in the area for
 66 11 president of the United States or governor at the last general
 66 12 election.
 66 13    Sec. 147.  Section 336.18, subsection 4, paragraph a, Code
 66 14 2001, is amended to read as follows:
 66 15    a.  Qualified electors Registered voters of that part of
 66 16 any county outside of cities in a number of not less than
 66 17 twenty-five percent of those in the area who voted for
 66 18 president of the United States or governor at the last general
 66 19 election may petition the board of supervisors to submit the
 66 20 proposition of requiring the board to provide library service
 66 21 for them and their area by contract as provided by this
 66 22 section.
 66 23    Sec. 148.  Section 341A.2, unnumbered paragraph 1, Code
 66 24 2001, is amended to read as follows:
 66 25    Subject to the alternate plan enumerated in section 341A.3,
 66 26 there is created in each county a civil service commission
 66 27 composed of three members.  Two members shall be appointed by
 66 28 the county board of supervisors and one member shall be
 66 29 appointed by the county attorney of each county.  Appointees
 66 30 to the commission shall be residents of the county for at
 66 31 least two years immediately preceding appointment, and shall
 66 32 be electors registered voters.  Terms of office shall be six
 66 33 years; however, the initial members of the commission shall be
 66 34 appointed as follows:
 66 35    Sec. 149.  Section 347.23, unnumbered paragraph 1, Code
 67  1 2001, is amended to read as follows:
 67  2    Any hospital organized and existing as a city hospital may
 67  3 become a county hospital organized and managed as provided for
 67  4 in this chapter, upon a proposition for such purpose being
 67  5 submitted to and approved by a majority of the electors of
 67  6 both the city in which such hospital is located, and of the
 67  7 county under whose management it is proposed that such
 67  8 hospital be placed, at any general or special election called
 67  9 for such purpose.  The proposition shall be placed upon the
 67 10 ballot by the board of supervisors when requested by a
 67 11 petition therefor signed by qualified electors registered
 67 12 voters of the county equal in number to five percent of the
 67 13 votes cast for president of the United States or governor, as
 67 14 the case may be, at the last general election.  The
 67 15 proposition may be submitted at the next general election or
 67 16 at a special election called therefor for that purpose.  Upon
 67 17 the approval of the proposition the hospital, its assets and
 67 18 liabilities, will become the property of the county and this
 67 19 chapter will govern its future management.  The question shall
 67 20 be submitted in substantially the following form:  "Shall the
 67 21 municipal hospital of ......, Iowa, be transferred to and
 67 22 become the property of, and be managed by the county of
 67 23 ......, Iowa?"
 67 24    Sec. 150.  Section 347.23A, subsections 1 and 2, Code 2001,
 67 25 are amended to read as follows:
 67 26    1.  A hospital established as a memorial hospital under
 67 27 chapter 37 or a county hospital supported by revenue bonds and
 67 28 organized under chapter 347A may become, in accordance with
 67 29 the provisions of this section, a county hospital organized
 67 30 and managed as provided for in this chapter.  If the hospital
 67 31 is established by a city as a memorial hospital, the city must
 67 32 be located in the county which will own and manage the
 67 33 hospital.  A proposition for the change must be submitted to
 67 34 and approved by a majority of the electors registered voters
 67 35 of the county which will own and manage the hospital as
 68  1 provided for in this chapter.  In addition, if the hospital is
 68  2 a memorial hospital organized by a city under chapter 37, the
 68  3 proposition must also be approved by a majority of the
 68  4 electors registered voters of that city.  The proposition may
 68  5 be submitted to the electors registered voters at any general
 68  6 or special election called by the county board of supervisors
 68  7 for this purpose.
 68  8    2.  The proposition shall be placed upon the ballot by the
 68  9 board of supervisors if requested by the hospital's board of
 68 10 trustees or governing commission and the request is endorsed
 68 11 by a petition for this purpose signed by qualified electors
 68 12 registered voters of the county equal in number to five
 68 13 percent of the votes cast for president of the United States
 68 14 or governor, as the case may be, at the last general election.
 68 15 Upon the approval of the proposition the hospital, its assets
 68 16 and liabilities, shall become the property of the county and
 68 17 this chapter shall govern its future management.
 68 18    a.  The question for a memorial hospital established by a
 68 19 city under chapter 37 shall be submitted in substantially the
 68 20 following form:
 68 21    "Shall the ......  hospital of ......, Iowa, be transferred
 68 22 to and become the property of, and be managed by the county of
 68 23 ......, Iowa, under provision of chapter 347 of the Code of
 68 24 Iowa?"
 68 25    b.  The question for a memorial hospital established by a
 68 26 county under chapter 37 or a county hospital supported by
 68 27 revenue bonds and organized under chapter 347A shall be
 68 28 submitted in substantially the following form:
 68 29    "Shall the ......  hospital of ......, Iowa, organized and
 68 30 governed under chapter ..  of the Code of Iowa be changed to
 68 31 be established and governed under chapter 347 of the Code of
 68 32 Iowa?"
 68 33    Sec. 151.  Section 347.25, unnumbered paragraph 1, Code
 68 34 2001, is amended to read as follows:
 68 35    The election of hospital trustees whose offices are
 69  1 established by this chapter or chapter 145A or 347A shall take
 69  2 place at the general election on ballots which shall not
 69  3 reflect a nominee's political affiliation.  Nomination shall
 69  4 be made by petition in accordance with chapter 45.  The
 69  5 petition form shall be furnished by the county commissioner of
 69  6 elections, signed by fifty eligible electors registered voters
 69  7 of the county, and shall be filed with the county commissioner
 69  8 of elections.  A plurality is sufficient to elect hospital
 69  9 trustees.
 69 10    Sec. 152.  Section 357.1A, unnumbered paragraph 1, Code
 69 11 2001, is amended to read as follows:
 69 12    The board of supervisors of any county shall, on the
 69 13 petition of twenty-five percent or more of the eligible
 69 14 electors registered voters residing in any proposed benefited
 69 15 water district, grant a hearing relative to the establishment
 69 16 of the proposed water district.  The petition shall set out
 69 17 the following and any other pertinent facts:
 69 18    Sec. 153.  Section 357.13, subsection 2, Code 2001, is
 69 19 amended to read as follows:
 69 20    2.  After the initial board of trustees is selected, a
 69 21 candidate for trustee shall be nominated by a personal
 69 22 affidavit of the candidate or by petition of at least ten
 69 23 eligible electors registered voters of the district and the
 69 24 candidate's affidavit, which shall be filed with the county
 69 25 commissioner of elections at least twenty-five days before the
 69 26 date of the election.  The form of the candidate's affidavit
 69 27 shall be substantially the same as provided in section 45.3.
 69 28    Sec. 154.  Section 357C.11, Code 2001, is amended to read
 69 29 as follows:
 69 30    357C.11  DISSOLUTION OF DISTRICT.
 69 31    Upon petition of thirty-five percent of the resident
 69 32 eligible electors registered voters, the board of supervisors
 69 33 may dissolve a benefited street lighting district and dispose
 69 34 of any remaining property, proceeds of which shall first be
 69 35 applied against outstanding obligations and any balance shall
 70  1 be applied to tax credit of property owners of the district.
 70  2 However, if the district is annexed, the board of supervisors
 70  3 may transfer the remaining property and balance to the city
 70  4 which annexed the district.  The board of supervisors shall
 70  5 continue to levy tax after dissolution of a district, of not
 70  6 to exceed fifty-four cents per thousand dollars of assessed
 70  7 value on all the taxable property of the district, until all
 70  8 outstanding obligations of the district are paid.
 70  9    Sec. 155.  Section 357D.12, Code 2001, is amended to read
 70 10 as follows:
 70 11    357D.12  DISSOLUTION OF DISTRICT.
 70 12    Upon petition of thirty-five percent of the resident
 70 13 eligible electors registered voters, the board may dissolve a
 70 14 district and dispose of any remaining property, the proceeds
 70 15 of which shall first be applied against outstanding
 70 16 obligations and any balance shall be applied to tax credit of
 70 17 property owners of the district.  However, if the district is
 70 18 annexed, the board of supervisors may transfer the remaining
 70 19 property and balance to the city which annexed the territory.
 70 20 The board shall continue to levy a tax after dissolution of a
 70 21 district, of not to exceed twenty-seven cents per thousand
 70 22 dollars of assessed value on all the taxable property of the
 70 23 district, until all outstanding obligations of the district
 70 24 are paid.
 70 25    Sec. 156.  Section 357E.12, Code 2001, is amended to read
 70 26 as follows:
 70 27    357E.12  DISSOLUTION OF DISTRICT.
 70 28    Upon petition of thirty-five percent of the resident
 70 29 eligible electors registered voters, the board may dissolve a
 70 30 district and dispose of any remaining property, the proceeds
 70 31 of which shall first be applied against outstanding
 70 32 obligations and any balance shall be applied to tax credits
 70 33 for property owners of the district.  However, if the district
 70 34 is annexed, the board of supervisors may transfer the
 70 35 remaining property and balance to the city which annexed the
 71  1 territory.  The board shall continue to levy a tax after
 71  2 dissolution of a district, in an amount necessary to pay all
 71  3 outstanding obligations of the district as they become due,
 71  4 until all outstanding obligations of the district are paid.
 71  5    Sec. 157.  Section 357F.12, Code 2001, is amended to read
 71  6 as follows:
 71  7    357F.12  DISSOLUTION OF DISTRICT.
 71  8    Upon petition of thirty-five percent of the resident
 71  9 eligible electors registered voters, the board may dissolve a
 71 10 district and dispose of any remaining property, the proceeds
 71 11 of which shall first be applied against outstanding
 71 12 obligations and any balance shall be applied to tax credit of
 71 13 property owners of the district.  However, if the district is
 71 14 annexed, the board of supervisors may transfer the remaining
 71 15 property and balance to the city which annexed the territory.
 71 16 The board shall continue to levy a tax after dissolution of a
 71 17 district, of not to exceed twenty-seven cents per thousand
 71 18 dollars of assessed value on all the taxable property of the
 71 19 district, until all outstanding obligations of the district
 71 20 are paid.
 71 21    Sec. 158.  Section 357G.12, Code 2001, is amended to read
 71 22 as follows:
 71 23    357G.12  DISSOLUTION OF DISTRICT.
 71 24    Upon petition of thirty-five percent of the resident
 71 25 eligible electors registered voters, the council may dissolve
 71 26 a district and dispose of any remaining property, the proceeds
 71 27 of which shall first be applied against outstanding
 71 28 obligations and any balance shall be applied to tax credit of
 71 29 property owners of the district.  The council shall continue
 71 30 to levy a tax after dissolution of a district, of not to
 71 31 exceed twenty-seven cents per thousand dollars of assessed
 71 32 value on all the taxable property of the district, until all
 71 33 outstanding obligations of the district are paid.
 71 34    Sec. 159.  Section 357H.6, Code 2001, is amended to read as
 71 35 follows:
 72  1    357H.6  TRUSTEES – TERMS AND QUALIFICATIONS.
 72  2    The election of trustees of a rural improvement zone shall
 72  3 take place at a special election on ballots which shall not
 72  4 reflect a nominee's political affiliation.  Nomination shall
 72  5 be made by petition in accordance with chapter 45.  The
 72  6 petition form shall be furnished by the county commissioner of
 72  7 elections, signed by eligible electors registered voters of
 72  8 the rural improvement zone equal in number to one percent of
 72  9 the vote cast within the zone for governor in the last
 72 10 previous general election, and shall be filed with the county
 72 11 commissioner of elections.  A plurality shall be sufficient to
 72 12 elect the five trustees of the rural improvement zone, and no
 72 13 primary election for that office shall be held.  At the
 72 14 original election, two trustees shall be elected for one year,
 72 15 two for two years, and one for three years.  The terms of the
 72 16 succeeding trustees are for three years.  The terms of the
 72 17 trustees shall begin immediately after their election and
 72 18 certification.  The trustees must be residents of the zone.
 72 19 Vacancies on the board shall be filled by appointment by the
 72 20 remaining trustees.
 72 21    Sec. 160.  Section 358.2, unnumbered paragraph 1, Code
 72 22 2001, is amended to read as follows:
 72 23    Any twenty-five or more eligible electors registered voters
 72 24 resident within the limits of any proposed sanitary district
 72 25 may file a petition in the office of the county auditor of the
 72 26 county in which the proposed sanitary district, or the major
 72 27 portion thereof, is located, requesting that there be
 72 28 submitted to the registered voters of such proposed district
 72 29 the question whether the territory within the boundaries of
 72 30 such proposed district shall be organized as a sanitary
 72 31 district under this chapter.  Such petition shall be addressed
 72 32 to the board of supervisors of the county wherein it is filed
 72 33 and shall set forth:
 72 34    Sec. 161.  Section 358.5, unnumbered paragraph 1, Code
 72 35 2001, is amended to read as follows:
 73  1    The board of supervisors to whom the petition is addressed
 73  2 shall preside at the hearing provided for in section 358.4 and
 73  3 shall continue the hearing in session, with adjournments from
 73  4 day to day, if necessary, until completed, without being
 73  5 required to give any further notice of the hearing.  Proof of
 73  6 the residences and qualifications of the petitioners as
 73  7 eligible electors registered voters shall be made by affidavit
 73  8 or otherwise as the board may direct.  The board may consider
 73  9 the boundaries of a proposed sanitary district, whether they
 73 10 shall be as described in the petition or otherwise, and for
 73 11 that purpose may alter and amend the petition and limit or
 73 12 change the boundaries of the proposed district as stated in
 73 13 the petition.  The board shall adjust the boundaries of a
 73 14 proposed district as needed to exclude land that has no
 73 15 reasonable likelihood of benefit from inclusion in the
 73 16 proposed district.  The boundaries of a proposed district
 73 17 shall not be changed to incorporate property not included in
 73 18 the original petition and published notice until the owner of
 73 19 the property is given notice of inclusion as on the original
 73 20 hearing.  All persons in the proposed district shall have an
 73 21 opportunity to be heard regarding the location and boundaries
 73 22 of the proposed district and to make suggestions regarding the
 73 23 location and boundaries.  The board of supervisors, after
 73 24 hearing the statements, evidence and suggestions made and
 73 25 offered at the hearing, shall enter an order fixing and
 73 26 determining the limits and boundaries of the proposed district
 73 27 and directing that an election be held for the purpose of
 73 28 submitting to the registered voters residing within the
 73 29 boundaries of the proposed district the question of
 73 30 organization and establishment of the proposed sanitary
 73 31 district as determined by the board of supervisors.  The order
 73 32 shall fix a date for the election not more than sixty days
 73 33 after the date of the order.
 73 34    Sec. 162.  Section 358.9, unnumbered paragraph 1, Code
 73 35 2001, is amended to read as follows:
 74  1    At the election provided for in section 358.7, the names of
 74  2 candidates for trustee of the district shall be written by the
 74  3 voters on blank ballots without formal nomination, and the
 74  4 board of supervisors which had jurisdiction of the proceedings
 74  5 for establishment of the sanitary district, together with the
 74  6 board of supervisors of any other county in which any part of
 74  7 the district is located, shall appoint three trustees from
 74  8 among the five persons receiving the greatest number of votes
 74  9 as trustees of the district.  One of the trustees shall be
 74 10 designated to serve a term expiring on the first day of
 74 11 January which is not a Sunday or legal holiday following the
 74 12 next general election, one to serve a term expiring on the
 74 13 first day of January which is not a Sunday or legal holiday
 74 14 two years later, and one to serve a term expiring on the first
 74 15 day of January which is not a Sunday or legal holiday four
 74 16 years later.  Thereafter, each term shall be for a term of
 74 17 years established by the board of supervisors, not less than
 74 18 three years or more than six years.  Successors to trustees
 74 19 shall be elected by special election or at a special meeting
 74 20 of the board of trustees called for that purpose.  For each
 74 21 special election called after the initial election, a
 74 22 candidate for office of trustee shall be nominated by a
 74 23 personal affidavit of the candidate or by petition of at least
 74 24 ten eligible electors registered voters of the district and
 74 25 the candidate's personal affidavit, which shall be filed with
 74 26 the county commissioner of elections at least twenty-five days
 74 27 before the date of the election.  The form of the candidate's
 74 28 affidavit shall be substantially the same as provided in
 74 29 section 45.3.
 74 30    Sec. 163.  Section 358.9, unnumbered paragraph 4, Code
 74 31 2001, is amended to read as follows:
 74 32    If the petition to establish a sanitary district requests a
 74 33 board of trustees of five members, the board of supervisors
 74 34 shall select five trustees from among the seven persons
 74 35 receiving the highest number of votes at the initial election.
 75  1 Two trustees shall be designated to serve a term expiring on
 75  2 the first day of January which is not a Sunday or legal
 75  3 holiday following the next general election, two trustees to
 75  4 serve a term expiring on the first day of January which is not
 75  5 a Sunday or legal holiday two years later, and one to serve a
 75  6 term expiring on the first day of January which is not a
 75  7 Sunday or holiday four years later.  Thereafter, each term
 75  8 shall be for a term of years established by the board of
 75  9 supervisors, not less than three years or more than six years.
 75 10 Successors to a five-member board selected under this
 75 11 paragraph shall be chosen by election and after the initial
 75 12 election, a candidate for office of trustee shall be nominated
 75 13 by a personal affidavit of the candidate or by petition of at
 75 14 least ten eligible electors registered voters of the district
 75 15 and the candidate's personal affidavit, which shall be filed
 75 16 with the commissioner of county elections at least sixty-nine
 75 17 days before the date of the general election.  The form of the
 75 18 candidate's affidavit shall be substantially as provided in
 75 19 section 45.3.
 75 20    Sec. 164.  Section 358.9, unnumbered paragraph 5, Code
 75 21 2001, is amended to read as follows:
 75 22    Upon request of a three-member board of trustees or
 75 23 petition of the number of eligible electors registered voters
 75 24 of the district equal to at least five percent of the
 75 25 residents of the district filed at least ninety days before
 75 26 the next general election, the board of supervisors shall
 75 27 provide for the election of a five-member board of trustees
 75 28 with staggered terms of office of not more than six years.
 75 29 The five-member board of trustees shall become effective on
 75 30 the first day of January which is not a Sunday or legal
 75 31 holiday after that general election.  The board of trustees or
 75 32 a petition of the number of eligible electors registered
 75 33 voters of the district equal to at least five percent of the
 75 34 residents of the district may also request the board of
 75 35 supervisors to implement a plan to reduce the number of
 76  1 trustees from five to three.  The board of supervisors shall
 76  2 allow incumbent trustees to serve their unexpired terms of
 76  3 office.
 76  4    Sec. 165.  Section 359.5, Code 2001, is amended to read as
 76  5 follows:
 76  6    359.5  DIVISIONS WHERE CITY INCLUDED.
 76  7    When any township has within its limits a city with a
 76  8 population exceeding fifteen hundred, the eligible electors
 76  9 registered voters of such township residing without the limits
 76 10 of such city may, at any regular session of the board of
 76 11 supervisors of the county, petition to have such township
 76 12 divided into two townships; the one to embrace the territory
 76 13 without, and the other the territory within such corporate
 76 14 limits.
 76 15    Sec. 166.  Section 359.6, Code 2001, is amended to read as
 76 16 follows:
 76 17    359.6  PETITION – REMONSTRANCE.
 76 18    Such petition shall be accompanied by the affidavit of
 76 19 three eligible electors registered voters, to the effect that
 76 20 all the signatures to such petition are genuine, and that the
 76 21 signers thereof are all eligible electors registered voters of
 76 22 said township, residing outside said corporate limits.
 76 23 Remonstrances signed by such eligible electors registered
 76 24 voters may also be presented at the hearing before the board
 76 25 of supervisors hereinafter provided for, and if the same
 76 26 persons petition and remonstrate, they shall be counted on the
 76 27 remonstrance only.
 76 28    Sec. 167.  Section 359.8, Code 2001, is amended to read as
 76 29 follows:
 76 30    359.8  DIVISION – EFFECT.
 76 31    If the petition is signed by a majority of the qualified
 76 32 electors registered voters of the township residing without
 76 33 the corporate limits of the city, the board of supervisors
 76 34 shall divide the township into two townships, as petitioned;
 76 35 but, except for election purposes, including the appointment
 77  1 of precinct election officials rendered necessary by the
 77  2 change, the division shall not take effect until the first day
 77  3 of January following the next general election which is not a
 77  4 Sunday or a legal holiday.
 77  5    Sec. 168.  Section 359.9, Code 2001, is amended to read as
 77  6 follows:
 77  7    359.9  RESTORATION TO FORMER TOWNSHIP.
 77  8    When the citizens of any township so set off desire to
 77  9 dissolve their township organization and return again to the
 77 10 township from which they were taken, they may do so by the
 77 11 same proceedings as provided for the division thereof, except
 77 12 that said petition shall be signed by a majority of the
 77 13 electors registered voters of both townships.
 77 14    Sec. 169.  Section 359.14, Code 2001, is amended to read as
 77 15 follows:
 77 16    359.14  CHANGING NAME – PETITION – NOTICE.
 77 17    Eligible electors Registered voters of a township wishing
 77 18 to change its name may petition the board of supervisors and,
 77 19 if it appears to the board that a majority of the eligible
 77 20 electors registered voters of the township are in favor of the
 77 21 change, the board shall cause notices, attested by the
 77 22 auditor, to be posted in three of the most public places of
 77 23 the township, for at least thirty days before the next regular
 77 24 session of the board.  The notice shall state that a petition
 77 25 has been presented to the board by the eligible electors
 77 26 registered voters of the township, seeking a change of the
 77 27 name of the township and shall state the name sought in the
 77 28 petition, and that, unless those interested in the change of
 77 29 name appear at the next regular session of the board and show
 77 30 cause why the name shall not be changed, there will be an
 77 31 order made granting the change.
 77 32    Sec. 170.  Section 359.17, Code 2001, is amended to read as
 77 33 follows:
 77 34    359.17  TRUSTEES – DUTIES – MEETINGS.
 77 35    The board of township trustees in each township shall
 78  1 consist of three qualified electors registered voters of the
 78  2 township.  The trustees shall act as fence viewers and shall
 78  3 perform other duties assigned them by law.  The board of
 78  4 trustees shall meet not less than two times a year.  At least
 78  5 one of the meetings shall be scheduled to meet the
 78  6 requirements of section 359.49.
 78  7    Sec. 171.  Section 360.1, Code 2001, is amended to read as
 78  8 follows:
 78  9    360.1  ELECTION.
 78 10    The trustees, on a petition of a majority of the resident
 78 11 freeholders of any civil township, shall request the county
 78 12 commissioner of elections to submit the question of building
 78 13 or acquiring by purchase, or acquiring by a lease with
 78 14 purchase option, a public hall to the electors registered
 78 15 voters thereof.  The county commissioner shall conduct the
 78 16 election pursuant to the applicable provisions of chapters 39
 78 17 to 53 and certify the result to the trustees.  The form of the
 78 18 proposition shall be:  "Shall the proposition to levy a tax of
 78 19 ...  cents per thousand dollars of assessed value for the
 78 20 erection of a public hall be adopted?"  Notice of the election
 78 21 shall be given as provided by chapter 49.
 78 22    Sec. 172.  Section 362.4, unnumbered paragraph 1, Code
 78 23 2001, is amended to read as follows:
 78 24    If a petition of the voters is authorized by the city code,
 78 25 the petition is valid if signed by eligible electors
 78 26 registered voters of the city equal in number to ten percent
 78 27 of the persons who voted at the last preceding regular city
 78 28 election, but not less than ten persons, unless otherwise
 78 29 provided by state law.  The petition shall include the
 78 30 signatures of the petitioners, a statement of their place of
 78 31 residence, and the date on which they signed the petition.
 78 32    Sec. 173.  Section 368.11, unnumbered paragraph 1, Code
 78 33 2001, is amended to read as follows:
 78 34    A petition for incorporation, discontinuance, or boundary
 78 35 adjustment may be filed with the board by a city council, a
 79  1 county board of supervisors, a regional planning authority, or
 79  2 five percent of the qualified electors registered voters of a
 79  3 city or territory involved in the proposal.  Notice of the
 79  4 filing, including a copy of the petition, must be served upon
 79  5 the council of each city for which a discontinuance or
 79  6 boundary adjustment is proposed, the board of supervisors for
 79  7 each county which contains a portion of a city to be
 79  8 discontinued or territory to be incorporated, annexed or
 79  9 severed, the council of a city if an incorporation includes
 79 10 territory within the city's urbanized area, and any regional
 79 11 planning authority for the area involved.
 79 12    Sec. 174.  Section 372.2, subsection 1, Code 2001, is
 79 13 amended to read as follows:
 79 14    1.  Eligible electors Registered voters of the city may
 79 15 petition the council to submit to the electors the question of
 79 16 adopting a different form of city government.  The minimum
 79 17 number of signatures required on the petition shall be equal
 79 18 in number to twenty-five percent of those who voted in the
 79 19 last regular city election.  The petition shall specify which
 79 20 form of city government in section 372.1 the petitioners
 79 21 propose for adoption.
 79 22    Sec. 175.  Section 372.9, subsection 1, paragraph b, Code
 79 23 2001, is amended to read as follows:
 79 24    b.  Eligible electors Registered voters of the city equal
 79 25 in number to at least twenty-five percent of the persons who
 79 26 voted at the last regular city election petitioning the
 79 27 council to appoint a charter commission to prepare a proposed
 79 28 charter.  The council shall, within thirty days of the filing
 79 29 of a valid petition, appoint a charter commission composed of
 79 30 not less than five nor more than fifteen members.  The charter
 79 31 commission shall, within six months of its appointment,
 79 32 prepare and file with the council a proposed charter.
 79 33    Sec. 176.  Section 372.13, subsection 2, paragraph a,
 79 34 unnumbered paragraph 1, Code 2001, is amended to read as
 79 35 follows:
 80  1    By appointment by the remaining members of the council,
 80  2 except that if the remaining members do not constitute a
 80  3 quorum of the full membership, paragraph "b" shall be
 80  4 followed.  The appointment shall be for the period until the
 80  5 next pending election as defined in section 69.12, and shall
 80  6 be made within forty days after the vacancy occurs.  If the
 80  7 council chooses to proceed under this paragraph, it shall
 80  8 publish notice in the manner prescribed by section 362.3,
 80  9 stating that the council intends to fill the vacancy by
 80 10 appointment but that the electors of the city or ward, as the
 80 11 case may be, have the right to file a petition requiring that
 80 12 the vacancy be filled by a special election.  The council may
 80 13 publish notice in advance if an elected official submits a
 80 14 resignation to take effect at a future date.  The council may
 80 15 make an appointment to fill the vacancy after the notice is
 80 16 published or after the vacancy occurs, whichever is later.
 80 17 However, if within fourteen days after publication of the
 80 18 notice or within fourteen days after the appointment is made,
 80 19 there is filed with the city clerk a petition which requests a
 80 20 special election to fill the vacancy, an appointment to fill
 80 21 the vacancy is temporary and the council shall call a special
 80 22 election to fill the vacancy permanently, under paragraph "b".
 80 23 The number of signatures of eligible electors registered
 80 24 voters of a city for a valid petition shall be determined as
 80 25 follows:
 80 26    Sec. 177.  Section 372.13, subsection 11, unnumbered
 80 27 paragraph 2, Code 2001, is amended to read as follows:
 80 28    Eligible electors Registered voters of a city may petition
 80 29 for one of the following council representation plans:
 80 30    Sec. 178.  Section 373.1, subsection 2, paragraph b, Code
 80 31 2001, is amended to read as follows:
 80 32    b.  By petition of the number of eligible electors
 80 33 registered voters of the city equal to at least twenty-five
 80 34 percent of the votes cast in the city at the last regular city
 80 35 election petitioning the council to adopt a resolution calling
 81  1 for participation.  The council shall within thirty days of
 81  2 the filing of a valid petition adopt such a resolution.
 81  3    Sec. 179.  Section 373.2, subsection 2, unnumbered
 81  4 paragraph 1, Code 2001, is amended to read as follows:
 81  5    Only eligible electors registered voters of the county not
 81  6 holding a city, county, or state office shall be members of
 81  7 the commission.  In counties having multiple state legislative
 81  8 districts, the districts shall be represented as equally as
 81  9 possible.  The membership shall be bipartisan and gender
 81 10 balanced and each appointing authority under subsection 1
 81 11 shall provide for representation of various age groups, racial
 81 12 minorities, economic groups, and representatives of
 81 13 identifiable geographically defined populations, all in
 81 14 reasonable relationship to the proportions in which these
 81 15 groups are present in the population of the commission area.
 81 16 A vacancy on the commission shall be filled by appointment in
 81 17 the same manner as the original appointment.  The county
 81 18 auditor shall notify the appropriate appointing authority of a
 81 19 vacancy.
 81 20    Sec. 180.  Section 373.6, subsection 1, Code 2001, is
 81 21 amended to read as follows:
 81 22    1.  If a proposed charter for consolidation is received not
 81 23 later than sixty days before the next general election, the
 81 24 council of the participating city with the largest population
 81 25 shall direct the county commissioner of elections to submit to
 81 26 the registered voters of the participating cities at the next
 81 27 general election the question of whether the proposed charter
 81 28 shall be adopted.  A summary of the proposed charter shall be
 81 29 published in a newspaper of general circulation in each city
 81 30 participating in the charter commission process at least ten
 81 31 but not more than twenty days before the date of the election.
 81 32 The proposed charter shall be effective in regard to a city
 81 33 only if a majority of the electors registered voters of the
 81 34 city voting approves the proposed charter.
 81 35    Sec. 181.  Section 373.7, unnumbered paragraph 1, Code
 82  1 2001, is amended to read as follows:
 82  2    The question of metropolitan consolidation shall be
 82  3 submitted to the electors registered voters in substantially
 82  4 the following form:
 82  5    Sec. 182.  Section 373.8, unnumbered paragraph 4, Code
 82  6 2001, is amended to read as follows:
 82  7    A city may join an existing consolidated metropolitan
 82  8 corporation government by resolution of the city council or
 82  9 upon petition of eligible electors registered voters of the
 82 10 city equal in number to at least twenty-five percent of the
 82 11 persons who voted at the last general election for the office
 82 12 of governor or president of the United States, whichever is
 82 13 fewer.  Within fifteen days after receiving a valid petition,
 82 14 the city council of the petitioning city shall adopt a
 82 15 resolution in favor of participation and shall immediately
 82 16 forward the resolution to the metropolitan council.  If a
 82 17 majority of the metropolitan council approves the resolution,
 82 18 the question of joining the consolidated metropolitan
 82 19 corporation shall be submitted to the electorate of the
 82 20 petitioning city within sixty days after approval of the
 82 21 resolution.
 82 22    Sec. 183.  Section 376.4, unnumbered paragraph 1, Code
 82 23 2001, is amended to read as follows:
 82 24    An eligible elector A registered voter of a city may become
 82 25 a candidate for an elective city office by filing with the
 82 26 city clerk a valid petition requesting that the elector's
 82 27 voter's name be placed on the ballot for that office.  The
 82 28 petition must be filed not more than seventy-one days and not
 82 29 less than forty-seven days before the date of the election,
 82 30 and must be signed by eligible electors registered voters
 82 31 equal in number to at least two percent of those who voted to
 82 32 fill the same office at the last regular city election, but
 82 33 not less than ten persons.  However, for those cities which
 82 34 may be required to hold a primary election, the petition must
 82 35 be filed not more than eighty-five days and not less than
 83  1 sixty-eight days before the date of the regular city election.
 83  2 A person may sign nomination petitions for more than one
 83  3 candidate for the same office, and the signature is not
 83  4 invalid solely because the person signed nomination petitions
 83  5 for one or more other candidates for the office.  Nomination
 83  6 petitions shall be filed not later than five o'clock p.m. on
 83  7 the last day for filing.
 83  8    Sec. 184.  Section 376.11, unnumbered paragraph 2, Code
 83  9 2001, is amended to read as follows:
 83 10    Except in cities where the council has chosen a runoff
 83 11 election in lieu of a primary, following the resignation of a
 83 12 person who was elected by write-in votes, the city clerk shall
 83 13 notify the person who received the next highest number of
 83 14 votes cast for the office that the person may assume the
 83 15 office.  If the person accepts the position, the person shall
 83 16 be considered the duly elected officer unless a petition
 83 17 requesting a special election is filed by eligible electors
 83 18 registered voters of the city equal in number to twenty-five
 83 19 percent of the number of persons who voted for the office at
 83 20 the election.  If the person declines, the person shall do so
 83 21 in writing to the city clerk within ten days and the office
 83 22 shall be considered vacant at the end of the term.  The
 83 23 vacancy shall be filled pursuant to the provisions of section
 83 24 372.13, subsection 2.  If the council chooses to appoint, the
 83 25 appointment may be made before the end of the current term.
 83 26    Sec. 185.  Section 384.19, unnumbered paragraph 1, Code
 83 27 2001, is amended to read as follows:
 83 28    Within a period of ten days after the final date that a
 83 29 budget or amended budget may be certified to the county
 83 30 auditor, persons affected by the budget may file a written
 83 31 protest with the county auditor, specifying their objections
 83 32 to the budget or any part of it.  A protest must be signed by
 83 33 qualified electors registered voters equal in number to one-
 83 34 fourth of one percent of the votes cast for governor in the
 83 35 last preceding general election in the city, but the number
 84  1 shall not be less than ten persons and the number need not be
 84  2 more than one hundred persons.
 84  3    Sec. 186.  Section 400.2, unnumbered paragraph 1, Code
 84  4 2001, is amended to read as follows:
 84  5    The commissioners must be citizens of Iowa, eligible
 84  6 electors as defined in chapter 39 registered voters, and
 84  7 residents of the city preceding their appointment, and shall
 84  8 serve without compensation.  A person, while on the
 84  9 commission, shall not hold or be a candidate for any office of
 84 10 public trust.  However, when a human rights commission has
 84 11 been established by a city, the director of the commission
 84 12 shall ex officio be a member, without vote, of the civil
 84 13 service commission.
 84 14    Sec. 187.  Section 420.286, Code 2001, is amended to read
 84 15 as follows:
 84 16    420.286  PROCEDURE.
 84 17    On the presentation of a petition signed by one-fourth of
 84 18 the electors registered voters, as shown by the vote at the
 84 19 next preceding city election, of any city acting under a
 84 20 special charter or act of incorporation, to the governing body
 84 21 thereof, asking that the question of the amendment of such
 84 22 special charter or act of incorporation be submitted to the
 84 23 electors registered voters of such city, such governing body
 84 24 shall immediately propose sections amendatory of said charter
 84 25 or act of incorporation, and shall submit the same, as
 84 26 requested, at the first ensuing city election.  At least ten
 84 27 days before such election the mayor of such city shall issue a
 84 28 proclamation setting forth the nature and character of such
 84 29 amendment, and shall cause such proclamation to be published
 84 30 in a newspaper published therein, or, if there be none, the
 84 31 mayor shall cause the same to be posted in five public places
 84 32 in such city.  On the day specified, the proposition to adopt
 84 33 the amendment shall be submitted to the electors registered
 84 34 voters thereof for adoption or rejection, in the manner
 84 35 provided by the general election laws.
 85  1    Sec. 188.  Section 420.288, Code 2001, is amended to read
 85  2 as follows:
 85  3    420.288  SUBMISSION AT SPECIAL ELECTION.
 85  4    The legislative body of said city may submit any amendment
 85  5 to the vote of the people as aforesaid at any special
 85  6 election, provided one-half of the electors registered voters
 85  7 as aforesaid petition for that purpose, and the proceedings
 85  8 shall be the same as at the general election.
 85  9    Sec. 189.  Section 422B.1, subsection 4, paragraph a, Code
 85 10 2001, is amended to read as follows:
 85 11    a.  A county board of supervisors shall direct within
 85 12 thirty days the county commissioner of elections to submit the
 85 13 question of imposition of a local vehicle tax or a local sales
 85 14 and services tax to the registered voters of the incorporated
 85 15 and unincorporated areas of the county upon receipt of a
 85 16 petition, requesting imposition of a local vehicle tax or a
 85 17 local sales and services tax, signed by eligible electors
 85 18 registered voters of the whole county equal in number to five
 85 19 percent of the persons in the whole county who voted at the
 85 20 last preceding state general election.  In the case of a local
 85 21 vehicle tax, the petition requesting imposition shall specify
 85 22 the rate of tax and the classes, if any, that are to be
 85 23 exempt.  If more than one valid petition is received, the
 85 24 earliest received petition shall be used.
 85 25    Sec. 190.  Section 422E.2, subsection 2, paragraph a, Code
 85 26 2001, is amended to read as follows:
 85 27    a.  Upon receipt by a county board of supervisors of a
 85 28 petition requesting imposition of a local sales and services
 85 29 tax for infrastructure purposes, signed by eligible electors
 85 30 registered voters of the whole county equal in number to five
 85 31 percent of the persons in the whole county who voted at the
 85 32 last preceding state general election, the board shall within
 85 33 thirty days direct the county commissioner of elections to
 85 34 submit the question of imposition of the tax to the registered
 85 35 voters of the whole county.
 86  1    Sec. 191.  Section 468.514, Code 2001, is amended to read
 86  2 as follows:
 86  3    468.514  BALLOTS – PETITION FOR PRINTED BALLOTS.
 86  4    Candidates for drainage district trustee shall have their
 86  5 names placed on printed ballots provided a petition therefor
 86  6 is signed by ten qualified electors voters of the district and
 86  7 filed with the clerk of the board at least twenty-five days
 86  8 but not more than sixty-five days before the election.  Space
 86  9 shall also be provided on the ballot for write-in votes.
 86 10    Sec. 192.  Section 468.522, Code 2001, is amended to read
 86 11 as follows:
 86 12    468.522  CHANGE OF DATE AND TIME.
 86 13    The date on which the annual election shall be held and the
 86 14 polling hours may be changed by the choice of a majority of
 86 15 electors qualified voters of the district expressed by ballot
 86 16 at any annual election, and the return of the vote shall be
 86 17 certified in the same manner as the returns for election of
 86 18 trustees.  The polling hours may vary from the requirements of
 86 19 section 468.516, but the polls shall be open for at least
 86 20 three consecutive hours between the hours of 8:00 a.m. and
 86 21 5:00 p.m. on the election day.
 86 22    Sec. 193.  Section 589.25, Code 2001, is amended to read as
 86 23 follows:
 86 24    589.25  SALES OF REAL ESTATE BY SCHOOL DISTRICT.
 86 25    All deeds and conveyances of land executed by or purporting
 86 26 to be executed by a school district or by the board of
 86 27 directors of a school district, and placed of record more than
 86 28 ten years earlier, which deeds or conveyances purport to
 86 29 sustain the record title, are legalized and valid, even though
 86 30 the record fails to show that all necessary steps in the sale
 86 31 and deeding of the property were complied with.  The deeds and
 86 32 conveyances are legalized and valid as if the record showed
 86 33 that the law had been complied with, and that the sales had
 86 34 been duly authorized by the electors registered voters of the
 86 35 school district.
 87  1    Sec. 194.  Section 602.1216, Code 2001, is amended to read
 87  2 as follows:
 87  3    602.1216  RETENTION OF CLERKS OF THE DISTRICT COURT.
 87  4    A clerk of the district court shall stand for retention in
 87  5 office, in the county of the clerk's office, upon the petition
 87  6 of ten percent of all qualified electors registered voters in
 87  7 the county to the state commissioner of elections, at the
 87  8 judicial election in 1988 and every four years thereafter,
 87  9 under sections 46.17 through 46.24.  The petition shall be
 87 10 filed in the office of the state commissioner not later than
 87 11 one hundred twenty days before the general election.  A clerk
 87 12 who is not retained in office is ineligible to serve as clerk,
 87 13 in the county in which the clerk was not retained, for the
 87 14 four years following the retention vote.
 87 15    Sec. 195.  Section 602.2102, subsection 1, Code 2001, is
 87 16 amended to read as follows:
 87 17    1.  A seven-member "Commission on Judicial Qualifications"
 87 18 is established.  The commission consists of one district judge
 87 19 and two members who are practicing attorneys in Iowa and who
 87 20 do not belong to the same political party, to be appointed by
 87 21 the chief justice; and four electors registered voters of the
 87 22 state who are not attorneys, no more than two of whom belong
 87 23 to the same political party, to be appointed by the governor,
 87 24 subject to confirmation by the senate.  The commission members
 87 25 shall serve for six-year terms, are ineligible for a second
 87 26 term, and except for the judicial member shall not hold any
 87 27 other office of and shall not be employed by the United States
 87 28 or the state of Iowa or its political subdivisions.  Members
 87 29 appointed by the chief justice shall serve terms beginning
 87 30 January 1 of the year for which the appointments are made and
 87 31 members appointed by the governor shall serve staggered terms
 87 32 beginning and ending as provided by section 69.19.  Vacancies
 87 33 shall be filled by appointment by the chief justice or
 87 34 governor as provided in this subsection, for the unexpired
 87 35 portion of the term.
 88  1    Sec. 196.  Section 602.6503, subsection 1, Code 2001, is
 88  2 amended to read as follows:
 88  3    1.  The board of supervisors of each county shall appoint
 88  4 three electors registered voters to the magistrate appointing
 88  5 commission for the county for six-year terms beginning January
 88  6 1, 1979 and each sixth year thereafter.  However, if there is
 88  7 only one attorney elected pursuant to section 602.6504, the
 88  8 county board of supervisors shall only appoint two
 88  9 commissioners, and if no attorney is elected, the board of
 88 10 supervisors shall only appoint one commissioner.
 88 11    Sec. 197.  Section 607A.10, Code 2001, is amended to read
 88 12 as follows:
 88 13    607A.10  APPOINTIVE COMMISSION – MASTER LIST.
 88 14    In each county, the chief judge of the judicial district in
 88 15 which the county is located shall, on or before March 1 of
 88 16 each odd-numbered year, appoint three competent electors
 88 17 registered voters as a jury commission to draw up the master
 88 18 list for the two years beginning the following July 1.  The
 88 19 names for the master list shall be taken from the source
 88 20 lists.  If all of the source lists are not used to draw up the
 88 21 master list, then the names drawn must be selected in a random
 88 22 manner.
 88 23    Sec. 198.  Section 722.4, subsection 1, Code 2001, is
 88 24 amended to read as follows:
 88 25    1.  A person who offers, promises, or gives anything of
 88 26 value or any benefit to any elector registered voter for the
 88 27 purpose of influencing the elector's registered voter's vote,
 88 28 in any election authorized by law, or any elector registered
 88 29 voter who receives anything of value or any benefit knowing
 88 30 that it was given for such purpose, commits an aggravated
 88 31 misdemeanor.
 88 32    Sec. 199.  Section 722.7, subsection 7, Code 2001, is
 88 33 amended to read as follows:
 88 34    7.  Destroys or alters any ballot which has been given to
 88 35 an elector a registered voter.
 89  1    Sec. 200.  Section 722.7, subsection 9, Code 2001, is
 89  2 amended to read as follows:
 89  3    9.  Refuses or rejects the vote of any qualified registered
 89  4 voter.
 89  5    Sec. 201.  Section 722.8, Code 2001, is amended to read as
 89  6 follows:
 89  7    722.8  DURESS TO PREVENT OR PROCURE VOTING.
 89  8    1.  A person who unlawfully and by force, or threats of
 89  9 force, prevents, or endeavors to prevent an elector a
 89 10 registered voter from giving the elector's registered voter's
 89 11 vote at any public election commits an aggravated misdemeanor.
 89 12    2.  A person who procures, or endeavors to procure, the
 89 13 vote of an elector a registered voter for or against any
 89 14 candidate or for or against any issue by means of violence,
 89 15 threats of violence, or by any means of duress commits an
 89 16 aggravated misdemeanor.
 89 17    Sec. 202.  Section 904.104, Code 2001, is amended to read
 89 18 as follows:
 89 19    904.104  BOARD CREATED.
 89 20    A board of corrections is created within the department.
 89 21 The board shall consist of seven members appointed by the
 89 22 governor subject to confirmation by the senate.  Not more than
 89 23 four of the members shall be from the same political party.
 89 24 Members shall be electors registered voters of this state.
 89 25 Members of the board shall serve four-year staggered terms.  
 89 26                           EXPLANATION
 89 27    This bill changes from eligible electors to registered
 89 28 voters those persons qualified to stand for election, to vote
 89 29 in selected situations allowed by statute, and to make
 89 30 nominations or sign petitions as required or allowed by
 89 31 statute.
 89 32    Offices to which the requirements for standing for election
 89 33 apply include but are not limited to the offices of state and
 89 34 district judicial nominating commissioner, soil conservation
 89 35 district commissioner, member of the council on human
 90  1 services, school district board of directors, school district
 90  2 dissolution commissioner, civil services commissioner,
 90  3 temporary county redistricting commissioner, and any elective
 90  4 city office.
 90  5    Voting situations amended by the bill include but are not
 90  6 limited to voting to join a community cluster, voting at a
 90  7 precinct caucus, voting in a judicial election, to change the
 90  8 form of county government, and to stop the county commissioner
 90  9 of elections from shortening voting hours.
 90 10    Petition requirements amended by the bill include but are
 90 11 not limited to petitions regarding election contests, unified
 90 12 law enforcement districts, township officers, local school
 90 13 districts, land use districts, water districts, soil and water
 90 14 conservation districts, sanitary districts, commission form of
 90 15 local government, county home rule implementation, quad cities
 90 16 metropolitan authority compact, township division, county
 90 17 bonds, county libraries, county hospitals, city revenue bonds,
 90 18 local option sales taxes, community health center trustees,
 90 19 community college board of directors, civil service
 90 20 commissioners, agricultural extension councils, and retention
 90 21 of district court clerks.
 90 22    Nomination requirements amended by the bill include but are
 90 23 not limited to nominations or a candidate for national office,
 90 24 statewide office, United States Congress, Iowa general
 90 25 assembly, countywide office, county supervisor, citywide
 90 26 offices where nominations are used, city offices, or township
 90 27 offices.
 90 28    The bill also amends Code section 53.37 to define
 90 29 "qualified voter" to mean, for purposes of absentee voting by
 90 30 armed forces, a person described under the term "armed forces
 90 31 of the United States" who, except for meeting the residency
 90 32 requirement, is otherwise eligible to register to vote and to
 90 33 vote in Iowa.  The bill also retains the term "qualified" in
 90 34 Code chapter 468 to describe those property owners eligible to
 90 35 vote on drainage district matters.  
 91  1 LSB 3133SC 79
 91  2 ta/cf/24
     

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