Text: SSB03063                          Text: SSB03065
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3064

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.2, subsection 1, unnumbered
  1  2 paragraph 2, Code 2001, is amended to read as follows:
  1  3    A special election shall not be held in conjunction with
  1  4 the primary election.  A special election shall not be held in
  1  5 conjunction with a school election unless the special election
  1  6 is for a school district or community college.  A special
  1  7 election shall not be held in conjunction with a regularly
  1  8 scheduled or special city primary or city runoff election.
  1  9    Sec. 2.  Section 39.3, Code 2001, is amended by adding the
  1 10 following new subsection:
  1 11    NEW SUBSECTION.  17.  "Written" and "in writing" may
  1 12 include any mode of representing words or letters in general
  1 13 use.  A signature, when required by law, must be made by the
  1 14 writing or markings of the person whose signature is required.
  1 15 If a person is unable due to a physical disability to make a
  1 16 written signature or mark, that person may substitute either
  1 17 of the following in lieu of a signature required by law:
  1 18    a.  The name of the person with a disability written by
  1 19 another upon the request and in the presence of the person
  1 20 with a disability.
  1 21    b.  A rubber stamp reproduction of the name or facsimile of
  1 22 the actual signature of the person with a disability when
  1 23 adopted by that person for all purposes requiring a signature
  1 24 and then only when affixed by that person or another upon the
  1 25 request and in the presence of the person with a disability.
  1 26    Sec. 3.  NEW SECTION.  39.5  ELECTIONS AUTHORIZED.
  1 27    The commissioner shall conduct only elections authorized or
  1 28 required by state law.
  1 29    Sec. 4.  Section 39.22, subsection 2, unnumbered paragraph
  1 30 1, Code Supplement 2001, is amended to read as follows:
  1 31    If the county board of supervisors does not have the power
  1 32 provided under subsection 1 to fill the offices of trustee and
  1 33 clerk within a township by appointment, then the offices of
  1 34 township trustee and township clerk shall be filled by
  1 35 election.  Township trustees and the township clerk, in
  2  1 townships which do not include a city, shall be elected by the
  2  2 voters of the entire township.  In townships which include a
  2  3 city, the officers must be residents of the township outside
  2  4 the corporate limits of the city and shall be elected by the
  2  5 voters of the township who reside outside the corporate limits
  2  6 of the city, but a township officer may be a resident of the
  2  7 city.
  2  8    Sec. 5.  NEW SECTION.  39.26  CANDIDATE QUALIFICATIONS.
  2  9    Any person seeking election to an elective office under the
  2 10 laws of this state shall be an eligible elector at the time of
  2 11 any election at which the person's name appears on the ballot.
  2 12    Sec. 6.  NEW SECTION.  39.27  QUALIFICATIONS FOR PUBLIC
  2 13 OFFICE.
  2 14    Any person elected to an office under the laws of this
  2 15 state shall be an eligible elector.  At the time an elected
  2 16 official takes office the official shall be a resident of the
  2 17 state, district, county, township, city, or ward by or for
  2 18 which the person was elected, or in which the duties of the
  2 19 office are to be exercised.  An elected official shall
  2 20 continue to be a resident of the state, district, county,
  2 21 township, city, or ward by or for which the person was
  2 22 elected, or in which the duties of the office are to be
  2 23 exercised for the duration of the term of office.  This
  2 24 section shall not apply to United States senators or
  2 25 representatives in Congress or to members of the general
  2 26 assembly.
  2 27    Sec. 7.  Section 43.14, Code 2001, is amended by striking
  2 28 the section and inserting in lieu thereof the following:
  2 29    43.14  FORM OF NOMINATION PAPERS.
  2 30    1.  Nomination papers shall include a petition and an
  2 31 affidavit of candidacy.  All nomination petitions shall be
  2 32 eight and one-half by eleven inches in size and in
  2 33 substantially the form prescribed by the state commissioner of
  2 34 elections.  They shall include or provide spaces for the
  2 35 following information:
  3  1    a.  A statement identifying the signers of the petition as
  3  2 eligible electors of the appropriate county or legislative
  3  3 district and of the state.
  3  4    b.  The name of the candidate nominated by the petition.
  3  5    c.  For nomination petitions for candidates for the general
  3  6 assembly, a statement that the residence of the candidate is
  3  7 within the appropriate legislative district, or if that is not
  3  8 true that the candidate will reside there within sixty days
  3  9 before the election.  For other offices, a statement of the
  3 10 name of the county where the candidate resides.
  3 11    d.  The political party with which the candidate is a
  3 12 registered voter.
  3 13    e.  The office sought by the candidate, including the
  3 14 district number, if any.
  3 15    f.  The date of the primary election for which the
  3 16 candidate is nominated.
  3 17    Signatures on a petition page shall be counted only if the
  3 18 required information is written or printed at the top of the
  3 19 page.  Nomination papers on behalf of candidates for seats in
  3 20 the general assembly need only designate the number of the
  3 21 senatorial or representative district, as appropriate, and not
  3 22 the county or counties, in which the candidate and the
  3 23 petitioners reside.  A signature line shall not be counted if
  3 24 the line lacks the signature of the eligible elector and the
  3 25 signer's address and city.  The person examining the petition
  3 26 shall mark any deficiencies on the petition and affidavit.
  3 27    2.  Signed nomination petitions and the signed and
  3 28 notarized affidavit of candidacy shall not be altered to
  3 29 correct deficiencies noted during examination.  If the
  3 30 nomination petition lacks a sufficient number of acceptable
  3 31 signatures, the nomination petition shall be rejected and
  3 32 shall be returned to the candidate.
  3 33    The nomination papers shall be rejected if the affidavit
  3 34 lacks any of the following:
  3 35    a.  The candidate's name.
  4  1    b.  The name of the office sought, including the district,
  4  2 if any.
  4  3    c.  The political party name.
  4  4    d.  The signature of the candidate.
  4  5    e.  The signature of a notary public or other officer
  4  6 empowered to witness oaths.
  4  7    The candidate may replace a deficient affidavit with a
  4  8 corrected affidavit only if the replacement affidavit is filed
  4  9 before the filing deadline.  The candidate may resubmit a
  4 10 nomination petition that has been rejected by adding a
  4 11 sufficient number of pages or signatures to correct the
  4 12 deficiency.  A nomination petition and affidavit filed to
  4 13 replace rejected nomination papers shall be filed together
  4 14 before the deadline for filing.
  4 15    Sec. 8.  Section 43.15, subsection 4, Code 2001, is amended
  4 16 to read as follows:
  4 17    4.  When more than one sheet is used, the sheets shall be
  4 18 neatly arranged and securely fastened together before filing,
  4 19 and shall be considered one nomination paper petition.
  4 20    Sec. 9.  Section 43.24, subsection 1, paragraph d, Code
  4 21 2001, is amended to read as follows:
  4 22    d.  Those filed with the city clerk under this chapter, at
  4 23 least thirty-six days before the municipal city primary
  4 24 election.
  4 25    Sec. 10.  Section 43.27, Code 2001, is amended to read as
  4 26 follows:
  4 27    43.27  PRINTING OF BALLOTS.
  4 28    The ballots of each political party shall be printed in
  4 29 black ink, on separate sheets of paper, uniform in color,
  4 30 quality, texture, and size, with the name of the political
  4 31 party printed at the head of said ballots, which ballots shall
  4 32 be prepared by the commissioner in the same manner as for the
  4 33 general election, except as in this chapter provided.  The
  4 34 commissioner may print the ballots for each political party
  4 35 using a different color for each party.  If colored paper is
  5  1 used, all of the ballots for each separate party shall be
  5  2 uniform in color.
  5  3    Sec. 11.  Section 43.45, Code 2001, is amended by striking
  5  4 the section and inserting in lieu thereof the following:
  5  5    43.45  CANVASS OF VOTES.
  5  6    1.  Upon the closing of the polls the precinct election
  5  7 officials shall immediately publicly canvass the vote.  The
  5  8 canvass shall be conducted using the procedures established in
  5  9 subsection 2 or 3, whichever is appropriate for the voting
  5 10 system used in the precinct.
  5 11    2.  In precincts where paper ballots are used, precinct
  5 12 election officials shall do all of the following:
  5 13    a.  Place the ballots of the several political parties in
  5 14 separate piles.
  5 15    b.  Separately count the ballots of each party, and make
  5 16 the correct entries thereof on the tally sheets.
  5 17    c.  Certify to the number of votes cast upon the ticket of
  5 18 each political party for each candidate for each office.
  5 19    d.  Place the ballots cast on behalf of each of the parties
  5 20 in separate envelopes.  Seal each envelope and place the
  5 21 signature of all board members of the precinct across the seal
  5 22 of the envelope so that it cannot be opened without breaking
  5 23 the seal.
  5 24    e.  On the outside of each envelope enter the number of
  5 25 ballots cast by each party in the precinct and contained in
  5 26 the envelope.
  5 27    f.  Seal the tally sheets and certificates of the precinct
  5 28 election officials in an envelope on the outside of which are
  5 29 written or printed the names of the several political parties
  5 30 with the names of the candidates for the different offices
  5 31 under their party name, and opposite each candidate's name
  5 32 enter the number of votes cast for such candidate in the
  5 33 precinct.
  5 34    g.  Enter on the envelope the total number of voters of
  5 35 each party who cast ballots in the precinct.
  6  1    h.  Communicate the results in the manner required by
  6  2 section 50.11, to the commissioner of the county in which the
  6  3 polls are located, who shall remain on duty until the results
  6  4 are communicated to the commissioner from each polling place
  6  5 in the county.
  6  6    3.  In precincts where voting machines are used, precinct
  6  7 election officials shall do all of the following:
  6  8    a.  Close the machines to prevent additional voting, and
  6  9 print the results for the precinct.
  6 10    b.  Tabulate all write-in votes.  If necessary, add the
  6 11 votes, including write-in votes, from all machines to obtain
  6 12 the total number of votes cast in the precinct by the members
  6 13 of each political party for each office on the ballot.
  6 14    c.  Put any forms used by voters to cast write-in votes in
  6 15 an envelope with one copy of the printed results from each
  6 16 voting machine.  Seal the envelope and place the signature of
  6 17 all board members of the precinct across the seal of the
  6 18 envelope so that it cannot be opened without breaking the
  6 19 seal.
  6 20    d.  On the outside of the envelope enter the number of
  6 21 voters from each party in the precinct.  Report the number of
  6 22 votes cast for each office by the voters of each political
  6 23 party.  A copy of the printed tape from the voting machine may
  6 24 be used to report vote totals.
  6 25    e.  Communicate the results to the commissioner in the
  6 26 manner required by section 50.11.  The commissioner shall
  6 27 remain on duty until the results are communicated to the
  6 28 commissioner from each polling place in the county.
  6 29    4.  In precincts where electronic voting systems are used
  6 30 and ballots are counted in the precinct, precinct election
  6 31 officials shall do all of the following:
  6 32    a.  Close and secure the ballot reader to prevent the
  6 33 insertion of additional ballots.
  6 34    b.  Print the results for the precinct.
  6 35    c.  Open the ballot container.  Secure all ballots counted
  7  1 by the vote-tabulating device.  Sort the remaining ballots by
  7  2 party.  Tally all write-in votes and any other ballots not yet
  7  3 counted.  Record the results in the tally list.
  7  4    d.  Put all ballots in an envelope or other package and
  7  5 seal it.  All members of the board shall sign their names
  7  6 across the seal of the envelope.  The seal shall be placed so
  7  7 that the envelope or package cannot be opened without breaking
  7  8 the seal.
  7  9    5.  In precincts where electronic voting systems are used
  7 10 and ballots are counted at a central location, precinct
  7 11 election officials shall follow the procedures in section
  7 12 52.32.
  7 13    Sec. 12.  Section 43.48, Code 2001, is amended to read as
  7 14 follows:
  7 15    43.48  ELECTOR MAY ASCERTAIN VOTE CAST.
  7 16    Any elector of the county shall have the right, before the
  7 17 day fixed for canvassing the returns, to ascertain the vote
  7 18 cast for any candidate in any precinct in the county, as shown
  7 19 on the outside of the envelope containing the tally list or on
  7 20 printed reports from voting machines or electronic voting
  7 21 systems.
  7 22    Sec. 13.  Section 43.114, Code 2001, is amended to read as
  7 23 follows:
  7 24    43.114  TIME OF HOLDING SPECIAL CHARTER CITY PRIMARY.
  7 25    In special charter cities holding a municipal city primary
  7 26 election under the provisions of section 43.112 such primary
  7 27 shall be held on the first Tuesday in October of the year in
  7 28 which general municipal regular city elections are held.
  7 29    Sec. 14.  Section 43.118, Code 2001, is amended to read as
  7 30 follows:
  7 31    43.118  EXPENSE.
  7 32    The entire expense of conducting said municipal the city
  7 33 primary election and preparation of election registers shall
  7 34 be audited by the city council and paid by the city.
  7 35    Sec. 15.  Section 44.4, unnumbered paragraph 1, Code 2001,
  8  1 is amended to read as follows:
  8  2    Nominations made pursuant to this chapter and chapter 45
  8  3 which are required to be filed in the office of the state
  8  4 commissioner shall be filed in that office not more than
  8  5 ninety-nine days nor later than five p.m. on the eighty-first
  8  6 day before the date of the general election to be held in
  8  7 November.  Nominations made for a special election called
  8  8 pursuant to section 69.14 shall be filed by five p.m. not less
  8  9 than twenty-five days before the date of an election called
  8 10 upon at least forty days' notice and not less than fourteen
  8 11 days before the date of an election called upon at least
  8 12 eighteen days' notice.  Nominations made for a special
  8 13 election called pursuant to section 69.14A shall be filed by
  8 14 five p.m. not less than twenty twenty-five days before the
  8 15 date of the election.  Nominations made pursuant to this
  8 16 chapter and chapter 45 which are required to be filed in the
  8 17 office of the commissioner shall be filed in that office not
  8 18 more than ninety-two days nor later than five p.m. on the
  8 19 sixty-ninth day before the date of the general election.
  8 20 Nominations made pursuant to this chapter or chapter 45 for
  8 21 city office shall be filed not more than seventy-two days nor
  8 22 later than five p.m. on the forty-seventh day before the city
  8 23 election with the city clerk, who shall process them as
  8 24 provided by law.
  8 25    Sec. 16.  Section 45.3, unnumbered paragraph 1, Code
  8 26 Supplement 2001, is amended by striking the unnumbered
  8 27 paragraph.
  8 28    Sec. 17.  NEW SECTION.  45.5  FORM OF NOMINATION PAPERS.
  8 29    Nomination papers shall include a petition and an affidavit
  8 30 of candidacy.  All nomination petitions shall be eight and
  8 31 one-half by eleven inches in size and shall be in
  8 32 substantially the form prescribed by the state commissioner of
  8 33 elections.  They shall provide spaces for the following
  8 34 information:
  8 35    1.  A statement identifying the signers of the petition as
  9  1 eligible electors of the appropriate county or legislative
  9  2 district and of the state of Iowa.
  9  3    2.  The name of the candidate nominated by the petition.
  9  4    3.  A statement that the candidate is a resident of the
  9  5 appropriate ward, city, county, school district, or
  9  6 legislative or other district as required by section 45.1.
  9  7    4.  The office sought by the candidate, including the
  9  8 district number, if any.
  9  9    5.  The name and date of the election for which the
  9 10 candidate is nominated.
  9 11    Signatures on a petition page shall be counted only if the
  9 12 required information is written or printed at the top of the
  9 13 page.  Nomination papers on behalf of candidates for seats in
  9 14 the general assembly need only designate the number of the
  9 15 senatorial or representative district, as appropriate, and not
  9 16 the county or counties, in which the candidate and the
  9 17 petitioners reside.  Signature lines on the nomination
  9 18 petitions shall not be counted if the line lacks the signature
  9 19 of the eligible elector and the signer's address and city.
  9 20 The person examining the petition shall mark any deficiencies
  9 21 on the petition.
  9 22    The pages of the petition shall be securely fastened
  9 23 together to form a single bundle.  Nomination petitions that
  9 24 are not bound shall be returned without further examination.
  9 25 The state commissioner shall prescribe by rule the acceptable
  9 26 methods for binding nomination petitions.
  9 27    Signed nomination petitions and the signed and notarized
  9 28 affidavit of candidacy shall not be altered to correct
  9 29 deficiencies noted during the examination.  If the nomination
  9 30 petition lacks a sufficient number of acceptable signatures,
  9 31 the nomination papers shall be rejected and returned to the
  9 32 candidate.
  9 33    The nomination papers shall be rejected if the affidavit
  9 34 lacks any of the following:
  9 35    a.  The candidate's name.
 10  1    b.  The name of the office sought, including the district,
 10  2 if any.
 10  3    c.  The signature of the candidate.
 10  4    d.  The signature of a notary public or other officer
 10  5 empowered to witness oaths.
 10  6    The candidate may replace a deficient affidavit with a
 10  7 corrected one only if the replacement is filed before the
 10  8 filing deadline.  The candidate may resubmit a nomination
 10  9 petition that has been rejected by adding a sufficient number
 10 10 of pages or signatures to correct the deficiency.  A
 10 11 nomination petition and affidavit filed to replace rejected
 10 12 nomination papers shall be filed together before the deadline
 10 13 for filing.
 10 14    Sec. 18.  NEW SECTION.  45.6  REQUIREMENTS IN SIGNING.
 10 15    The following requirements shall be observed in the signing
 10 16 and preparation of nomination petitions:
 10 17    1.  A signer may sign nomination petitions for more than
 10 18 one candidate for the same office, and the signature is not
 10 19 invalid solely because the signer signed nomination petitions
 10 20 for one or more other candidates for the office.
 10 21    2.  Each signer shall add the signer's residence, with
 10 22 street and number.
 10 23    3.  All signers, for all nominations, of each separate part
 10 24 of a nomination petition, shall reside in the appropriate
 10 25 ward, city, county, school district, or legislative or other
 10 26 district as required by section 45.1.
 10 27    4.  When more than one sheet is used, the sheets shall be
 10 28 neatly arranged and securely fastened together before filing,
 10 29 and shall be considered one nomination petition.  Nomination
 10 30 petitions which are not securely fastened together shall be
 10 31 returned to the candidate or the candidate's designee without
 10 32 examination.  The state commissioner shall prescribe by rule
 10 33 the acceptable methods for binding nomination petitions.
 10 34    5.  Only one candidate shall be petitioned for or nominated
 10 35 in the same nomination petition, except for the offices of
 11  1 governor and lieutenant governor, and president and vice
 11  2 president.
 11  3    Sec. 19.  Section 48A.9, subsection 2, Code 2001, is
 11  4 amended to read as follows:
 11  5    2.  The commissioner's office shall be open from eight a.m.
 11  6 until at least five p.m. on the day registration closes before
 11  7 each regularly scheduled election.  However, if the last day
 11  8 to register to vote for a regularly scheduled election falls
 11  9 on the day after Thanksgiving, the deadline shall be the
 11 10 following Monday.
 11 11    Sec. 20.  Section 48A.11, Code 2001, is amended by adding
 11 12 the following new subsection:
 11 13    NEW SUBSECTION.  6.  A person who has been designated to
 11 14 have power of attorney by a registrant does not have authority
 11 15 to sign a voter registration form, except as otherwise
 11 16 provided in section 4.1, subsection 39.
 11 17    Sec. 21.  Section 48A.27, subsection 3, paragraph a, Code
 11 18 2001, is amended to read as follows:
 11 19    a.  Annexation of territory by a city.  When an existing
 11 20 city annexes territory, the city clerk shall furnish the
 11 21 commissioner a detailed map of the annexed territory.  If a
 11 22 city is divided into wards for voting purposes, the detailed
 11 23 map shall show the ward designations for the annexed
 11 24 territory.  The commissioner shall change the registration of
 11 25 persons residing in that territory to reflect the annexation
 11 26 and the city precinct to which each of those persons is
 11 27 assigned.  If the commissioner cannot determine the names and
 11 28 addresses of the persons affected by the annexation, the
 11 29 commissioner shall send each person who may be involved a
 11 30 letter informing the person that the person's registration may
 11 31 be in error, and requesting that each person provide the
 11 32 commissioner with the information necessary to correct the
 11 33 registration records.
 11 34    Sec. 22.  Section 48A.27, subsection 4, paragraph c,
 11 35 unnumbered paragraph 2, Code 2001, is amended to read as
 12  1 follows:
 12  2    The notice shall be sent by forwardable mail, and shall
 12  3 include a postage paid preaddressed return card on which the
 12  4 registered voter may state the registered voter's current
 12  5 address.  The notice shall contain a statement in
 12  6 substantially the following form:  "Information received from
 12  7 the United States postal service indicates that you are no
 12  8 longer a resident of, and therefore not eligible to vote in
 12  9 (name of county) County, Iowa.  If this information is not
 12 10 correct, and you still live in (name of county) County, please
 12 11 complete and mail the attached postage paid card at least ten
 12 12 days before the primary or general election and at least
 12 13 eleven days before any other election at which you wish to
 12 14 vote.  If the information is correct and you have moved,
 12 15 please contact a local official in your new area for
 12 16 assistance in registering there.  If you do not mail in the
 12 17 card, you may be required to show identification proving your
 12 18 residence in (name of county) County before being allowed to
 12 19 vote in (name of county) County.  If you do not return the
 12 20 card, and you do not vote in an election in (name of county)
 12 21 County, Iowa, on or before (date of second general election
 12 22 following the date of the notice) your name will be removed
 12 23 from the list of voters in that county.  To ensure you receive
 12 24 this notice, it is being sent to both your most recent
 12 25 registration address and to your new address as reported by
 12 26 the postal service."
 12 27    Sec. 23.  Section 48A.28, subsection 3, unnumbered
 12 28 paragraph 2, Code 2001, is amended to read as follows:
 12 29    The form and language of the confirmation notice and return
 12 30 card shall be specified by the state voter registration
 12 31 commission by rule.
 12 32    Sec. 24.  Section 48A.29, subsection 3, unnumbered
 12 33 paragraph 2, Code 2001, is amended to read as follows:
 12 34    The notice shall be sent by forwardable mail, and shall
 12 35 include a postage paid preaddressed return card on which the
 13  1 registered voter may state the registered voter's current
 13  2 address.  The notice shall contain a statement in
 13  3 substantially the following form:  "Information received by
 13  4 this office indicates that you are no longer a resident of
 13  5 (residence address) in (name of county) County, Iowa.  If the
 13  6 information is not correct, and you still live at that
 13  7 address, please complete and mail the attached postage paid
 13  8 card at least ten days before the primary or general election
 13  9 and at least eleven days before any other election at which
 13 10 you wish to vote.  If the information is correct, and you have
 13 11 moved within the county, you may update your registration by
 13 12 listing your new address on the card and mailing it back.  If
 13 13 you have moved outside the county, please contact a local
 13 14 official in your new area for assistance in registering there.
 13 15 If you do not mail in the card, you may be required to show
 13 16 identification proving your residence in (name of county)
 13 17 County before being allowed to vote in (name of county)
 13 18 County.  If you do not return the card, and you do not vote in
 13 19 some election in (name of county) County, Iowa, on or before
 13 20 (date of second general election following the date of the
 13 21 notice) your name will be removed from the list of registered
 13 22 voters in that county."
 13 23    Sec. 25.  Section 48A.30, subsection 1, paragraph a,  Code
 13 24 2001, is amended to read as follows:
 13 25    a.  The registered voter dies.  For the purposes of this
 13 26 subsection, the commissioner may accept as evidence of death a
 13 27 notice from the state registrar of vital statistics forwarded
 13 28 by the state registrar of voters, a written statement from a
 13 29 member of the registered voter's household, an obituary in a
 13 30 newspaper, a written statement from an election official, or a
 13 31 notice from the clerk of the district court in county recorder
 13 32 of the county where the registered voter died.
 13 33    Sec. 26.  Section 48A.38, subsection 1, Code 2001, is
 13 34 amended by adding the following new paragraph:
 13 35    NEW PARAGRAPH.  f.  The county commissioner of registration
 14  1 and the state registrar of voters shall remove a voter's
 14  2 social security number from a voter registration list prepared
 14  3 pursuant to this section.
 14  4    Sec. 27.  Section 49.21, Code 2001, is amended by adding
 14  5 the following new unnumbered paragraph:
 14  6    NEW UNNUMBERED PARAGRAPH.  The commissioner shall post a
 14  7 sign at the entrance to the polling place indicating the
 14  8 election precinct number or name, and displaying a street map
 14  9 showing the boundaries of the precinct.
 14 10    Sec. 28.  Section 49.30, subsection 1, Code 2001, is
 14 11 amended to read as follows:
 14 12    1.  Where special paper ballots are used, if it is not
 14 13 possible to include all offices and public measures on a
 14 14 single ballot, separate ballots may be provided for township
 14 15 offices, nonpartisan offices, judges, or public measures.
 14 16    Sec. 29.  Section 49.31, subsection 2, Code 2001, is
 14 17 amended by adding the following new unnumbered paragraph:
 14 18    NEW UNNUMBERED PARAGRAPH.  On the general election ballot
 14 19 the names of candidates for the nonpartisan offices listed in
 14 20 section 39.21 shall be arranged by drawing lots for position.
 14 21 The board of supervisors shall hold the drawing at its first
 14 22 meeting following the deadline for receipt of objections and
 14 23 withdrawals by candidates for the general election.
 14 24    Sec. 30.  Section 49.53, unnumbered paragraph 1, Code 2001,
 14 25 is amended to read as follows:
 14 26    The commissioner shall not less than four nor more than
 14 27 twenty days before the day of each election, except those for
 14 28 which different publication requirements are prescribed by
 14 29 law, publish notice of the election.  The notice shall contain
 14 30 a facsimile of the portion of the ballot containing the first
 14 31 rotation as prescribed by section 49.31, subsection 2, and
 14 32 shall show the names of all candidates or nominees and the
 14 33 office each seeks, and all public questions, to be voted upon
 14 34 at the election.  The sample ballot published as a part of the
 14 35 notice may at the discretion of the commissioner be reduced in
 15  1 size relative to the actual ballot but such reduction shall
 15  2 not cause upper case letters appearing in candidates' names or
 15  3 in summaries of public measures on the published sample ballot
 15  4 to be less than five thirty-sixths of an inch high in
 15  5 candidates' names or in summaries of public measures ninety
 15  6 percent of the size of such upper case letters appearing on
 15  7 the actual ballot.  The notice shall also state the date of
 15  8 the election, the hours the polls will be open, the location
 15  9 of each polling place at which voting is to occur in the
 15 10 election, the location of the polling places designated as
 15 11 early ballot pick-up sites, and the names of the precincts
 15 12 voting at each polling place, but the statement need not set
 15 13 forth any fact which is apparent from the portion of the
 15 14 ballot appearing as a part of the same notice.  The notice
 15 15 shall include the full text of all public measures to be voted
 15 16 upon at the election.  The notice shall also include notice of
 15 17 testing required pursuant to sections 52.9, 52.35, and 52.38.
 15 18    Sec. 31.  Section 49.57, subsection 4, Code 2001, is
 15 19 amended to read as follows:
 15 20    4.  On ballots that will be counted by electronic
 15 21 tabulating equipment, ballots shall include a voting target
 15 22 next to the name of each candidate.  The position, shape, and
 15 23 size of the targets shall be appropriate for the equipment to
 15 24 be used in counting the votes.  Where paper ballots are used,
 15 25 a square, the sides of which shall not be less than one-fourth
 15 26 of an inch in length, may be printed at the beginning of each
 15 27 line in which the name of a candidate is printed, except as
 15 28 otherwise provided.
 15 29    Sec. 32.  Section 49.64, Code 2001, is amended to read as
 15 30 follows:
 15 31    49.64  NUMBER OF BALLOTS DELIVERED.
 15 32    The commissioner shall cause ballots of the kind to be
 15 33 voted in each precinct, to be delivered to the precinct
 15 34 election officials as follows:  in general elections which are
 15 35 presidential elections seventy-five at least fifty-five
 16  1 ballots for every fifty votes, or fraction thereof of fifty
 16  2 votes, cast in said the precinct at the last preceding general
 16  3 election which was also a presidential election; and in
 16  4 general elections which are not presidential elections,
 16  5 seventy-five at least fifty-five ballots for every fifty
 16  6 votes, or fraction thereof of fifty votes, cast therein at the
 16  7 last preceding general election which was not a presidential
 16  8 election.
 16  9    Sec. 33.  Section 49.70, Code 2001, is amended to read as
 16 10 follows:
 16 11    49.70  PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS.
 16 12    The commissioner shall cause copies of the foregoing
 16 13 instructions to be printed in large, clear type, under the
 16 14 heading of "Card of Instructions for Voters", and shall
 16 15 furnish the precinct election officials with a sufficient
 16 16 number of such cards instructions as will enable them to
 16 17 comply with section 49.71.
 16 18    Sec. 34.  Section 49.73, subsection 1, paragraph b, Code
 16 19 2001, is amended to read as follows:
 16 20    b.  Any election conducted for a city of three thousand
 16 21 five hundred or less population, including a local option
 16 22 sales and services tax election conducted pursuant to section
 16 23 422B.1.  At elections conducted pursuant to chapter 422B,
 16 24 contiguous cities shall have the same voting hours.
 16 25    Sec. 35.  Section 49.73, subsection 1, Code 2001, is
 16 26 amended by adding the following new paragraph:
 16 27    NEW PARAGRAPH.  e.  The unincorporated area of any county
 16 28 voting on a local option sales and services tax pursuant to
 16 29 section 422B.1.
 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; and
 16 35 it registered voter.  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 49.81, subsection 2, unnumbered paragraph
 17  6 2, Code 2001, is amended to read as follows:
 17  7    Your qualifications as a registered voter have been
 17  8 challenged for the following reasons:  
 17  9    I.  ....................
 17 10    II.  ...................
 17 11    III.  ..................
 17 12 Your right to vote will be reviewed by the special precinct
 17 13 counting board on .......  You have the right and are
 17 14 encouraged to make a written statement and submit additional
 17 15 written evidence to this board supporting your qualifications
 17 16 as a registered voter.  This written statement and evidence
 17 17 may be given to an election official of this precinct on
 17 18 election day or mailed or delivered to the county commissioner
 17 19 of elections, but must be received prior to noon before .....
 17 20 a.m./p.m. on ...... at .......  If your ballot is not counted
 17 21 you will receive notification of this fact.
 17 22    Sec. 38.  Section 49.84, Code 2001, is amended by adding
 17 23 the following new unnumbered paragraph:
 17 24    NEW UNNUMBERED PARAGRAPH.  This section does not prohibit a
 17 25 voter from taking minor children into the voting booth with
 17 26 the voter.
 17 27    Sec. 39.  Section 49.88, Code 2001, is amended by adding
 17 28 the following new unnumbered paragraph:
 17 29    NEW UNNUMBERED PARAGRAPH.  This section does not prohibit a
 17 30 voter from taking minor children into the voting booth with
 17 31 the voter.
 17 32    Sec. 40.  Section 49.96, Code 2001, is amended to read as
 17 33 follows:
 17 34    49.96  OFFICES WITH MORE THAN ONE PERSON TO BE ELECTED.
 17 35    Where more than one person is to be elected to the same
 18  1 office at the same election, and all of the candidates for
 18  2 that office for whom the voter desires to vote were nominated
 18  3 by the political party or nonparty political organization for
 18  4 which the voter has marked a straight party or organization
 18  5 vote, the voter need not otherwise indicate the vote for that
 18  6 office.  However, if a voter who has marked a straight party
 18  7 or organization ticket also marks the voting targets next to
 18  8 the names of one or more candidates of the same party or
 18  9 organization, only the votes cast separately for individual
 18 10 candidates for that office shall be counted.  If the voter
 18 11 wishes to vote for candidates who were nominated by different
 18 12 political parties or nonparty political organizations, the
 18 13 voter must mark the voting target for each candidate the voter
 18 14 has chosen, whether or not the voter has also marked a
 18 15 straight party or organization vote.
 18 16    Sec. 41.  Section 49.124, Code 2001, is amended to read as
 18 17 follows:
 18 18    49.124  TRAINING COURSE BY COMMISSIONER.
 18 19    The commissioner shall conduct, not later than the day
 18 20 before each primary and general election, a training course of
 18 21 not more than two hours for all election personnel, and the
 18 22 commissioner may do so before any other election the
 18 23 commissioner administers.  The personnel shall include all
 18 24 precinct election officials and any other persons who will be
 18 25 employed in or around the polling places on election day.  At
 18 26 least two precinct election officials who will serve on each
 18 27 precinct election board at the forthcoming election shall
 18 28 attend the training course.  If the entire board does not
 18 29 attend, those members who do attend shall so far as possible
 18 30 be persons who have not previously attended a similar training
 18 31 course.
 18 32    Sec. 42.  Section 50.11, Code 2001, is amended to read as
 18 33 follows:
 18 34    50.11  PROCLAMATION OF RESULT.
 18 35    When the canvass is completed one of the precinct election
 19  1 officials shall publicly announce the total number of votes
 19  2 received by each of the persons voted for, the office for
 19  3 which the person is designated, as announced by the designated
 19  4 tally keepers, and the number of votes for, and the number of
 19  5 votes against, any proposition which shall have been submitted
 19  6 to a vote of the people, and the.  A precinct election
 19  7 official shall communicate said information the election
 19  8 results by telephone or telegraph or in person to the
 19  9 commissioner who is conducting the election immediately upon
 19 10 completion of the canvass; and the.
 19 11    Election results may be transmitted electronically from
 19 12 voting equipment to the commissioner's office only after the
 19 13 precinct election officials have produced a written report of
 19 14 the election results.  The devices used for the electronic
 19 15 transmission of election results shall be approved for use by
 19 16 the board of examiners pursuant to section 52.41.  The state
 19 17 commissioner of elections shall adopt rules establishing
 19 18 procedures for the electronic transmission of election
 19 19 results.
 19 20    The commissioner shall remain on duty until such
 19 21 information is communicated to the commissioner from each
 19 22 polling place in the commissioner's county.
 19 23    Sec. 43.  Section 50.12, Code 2001, is amended to read as
 19 24 follows:
 19 25    50.12  RETURN AND PRESERVATION OF BALLOTS.
 19 26    Immediately after making the proclamation, and before
 19 27 separating, the board members of each precinct in which votes
 19 28 have been received by paper ballot shall enclose in an
 19 29 envelope or other container all ballots which have been
 19 30 counted by them, except those endorsed "Rejected as double",
 19 31 "Defective", or "Objected to", and securely seal the envelope.
 19 32 The signatures of all board members of the precinct shall be
 19 33 placed across the seal or the opening of the container so that
 19 34 it cannot be opened without breaking the seal.  The precinct
 19 35 election officials shall return all the ballots to the
 20  1 commissioner, who shall carefully preserve them for six
 20  2 months.  Ballots from elections for federal offices shall be
 20  3 preserved for twenty-two months.  The sealed packages
 20  4 containing voted ballots shall be opened only for an official
 20  5 recount authorized by section 50.48, 50.49, or 50.50, for an
 20  6 election contest held pursuant to chapters 57 through 62, or
 20  7 to destroy the ballots pursuant to section 50.19.
 20  8    Sec. 44.  Section 50.48, subsection 2, unnumbered paragraph
 20  9 1, Code 2001, is amended to read as follows:
 20 10    The candidate requesting a recount under this section shall
 20 11 post a bond, unless the abstracts prepared pursuant to section
 20 12 50.24, or section 43.49 in the case of a primary election,
 20 13 indicate that the difference between the total number of votes
 20 14 cast for the apparent winner and the total number of votes
 20 15 cast for the candidate requesting the recount is less than the
 20 16 greater of fifty votes or one percent of the total number of
 20 17 votes cast for the office or nomination in question.  If a
 20 18 recount is requested for an office to which more than one
 20 19 person was elected, the vote difference calculations shall be
 20 20 made using the difference between the number of votes received
 20 21 by the person requesting the recount and the number of votes
 20 22 received by the apparent winner who received the fewest votes.
 20 23 Where votes cast for that office or nomination were canvassed
 20 24 in more than one county, the abstracts prepared by the county
 20 25 boards in all of those counties shall be totaled for purposes
 20 26 of this subsection.  If a bond is required, it shall be filed
 20 27 with the state commissioner for recounts involving a state
 20 28 office, including a seat in the general assembly, or a seat in
 20 29 the United States Congress, and with the commissioner
 20 30 responsible for conducting the election in all other cases,
 20 31 and shall be in the following amount:
 20 32    Sec. 45.  Section 50.49, unnumbered paragraph 4, Code 2001,
 20 33 is amended to read as follows:
 20 34    The petitioners requesting the recount shall post a bond as
 20 35 required by section 50.48, subsection 2.  The amount of the
 21  1 bond shall be one thousand dollars for a public measure
 21  2 appearing on the ballot statewide or one hundred dollars for
 21  3 any other public measure.  If the difference between the
 21  4 affirmative and negative votes cast on the public measure is
 21  5 less than the greater of fifty votes or one percent of the
 21  6 total number of votes cast for and against the question, a
 21  7 bond is not required.  If approval by sixty percent of the
 21  8 votes cast is required for adoption of the public measure, no
 21  9 bond is required if the difference between sixty percent of
 21 10 the total votes cast for and against the question and the
 21 11 number of votes cast for the losing side is less than the
 21 12 greater of fifty votes or one percent of the total number of
 21 13 votes cast.
 21 14    Sec. 46.  Section 50.50, unnumbered paragraph 1, Code 2001,
 21 15 is amended to read as follows:
 21 16    The commissioner who was responsible for conducting an
 21 17 election may request an administrative recount when the
 21 18 commissioner suspects that voting equipment used in the
 21 19 election malfunctioned or that programming errors may have
 21 20 affected the outcome of the election, or if the precinct
 21 21 election officials report counting errors to the commissioner
 21 22 after the conclusion of the canvass of votes in the precinct.
 21 23 An administrative recount shall be conducted by the board of
 21 24 the special precinct established by section 53.23.  Bond shall
 21 25 not be required for an administrative recount.  The state
 21 26 commissioner may adopt rules for administrative recounts.
 21 27    Sec. 47.  Section 52.1, subsection 2, paragraphs a, b, and
 21 28 f, Code 2001, are amended to read as follows:
 21 29    a.  "Automatic tabulating equipment" means apparatus,
 21 30 including but not limited to electronic data processing
 21 31 machines, which may be utilized to ascertain the manner in
 21 32 which either special paper ballots or ballot cards have been
 21 33 marked by voters, and count the votes marked thereon.
 21 34    b.  "Ballot" includes a special paper ballot and a ballot
 21 35 card and its associated ballot label.  In appropriate
 22  1 contexts, "ballot" also includes conventional paper ballots.
 22  2    f.  "Electronic voting system" means a system employing
 22  3 special paper ballots or ballot cards and ballot labels, under
 22  4 which votes are:
 22  5    (1)  Cast by voters by marking special paper ballots with a
 22  6 vote marking device, or by marking ballot cards by use of a
 22  7 voting punch device; and
 22  8    (2)  Thereafter counted by use of automatic tabulating
 22  9 equipment.
 22 10    Sec. 48.  Section 52.1, subsection 2, paragraphs c, d, and
 22 11 k, Code 2001, are amended by striking the paragraphs.
 22 12    Sec. 49.  Section 52.25, unnumbered paragraphs 1 and 2,
 22 13 Code 2001, are amended to read as follows:
 22 14    The question of a constitutional convention, amendments,
 22 15 and public measures including bond issues may be voted on
 22 16 voting machines and on special paper ballots and ballot cards
 22 17 in the following manner:
 22 18    The entire convention question, amendment or public measure
 22 19 shall be printed and displayed prominently in at least four
 22 20 places within the voting precinct, and inside each voting
 22 21 booth, or on the left-hand side inside the curtain of each
 22 22 voting machine, the printing to be in conformity with the
 22 23 provisions of chapter 49.  The public measure shall be
 22 24 summarized by the commissioner and in the largest type
 22 25 possible printed on the special paper ballots, ballot cards,
 22 26 or inserts used in the voting machines, except that:
 22 27    Sec. 50.  Section 52.26, subsections 5, 6, and 7, Code
 22 28 2001, are amended to read as follows:
 22 29    5.  Be so constructed or designed that in presidential
 22 30 elections the voter casts a vote for the presidential electors
 22 31 of any party or political organization by a single mark or
 22 32 punch made opposite the name of the candidates of that party
 22 33 or organization for the offices of both president and vice
 22 34 president of the United States, and so that the voter is also
 22 35 provided the opportunity to write in the name of any person
 23  1 for whom the voter desires to vote for president or vice
 23  2 president of the United States.
 23  3    6.  Be so constructed or designed as to permit voting for
 23  4 candidates for nomination or election of at least seven
 23  5 different political parties or organizations, and to permit
 23  6 voting for all of the candidates of any one political party or
 23  7 organization by a single mark or punch, at any one election.
 23  8    7.  The voting punch device shall be so constructed and
 23  9 designed so if an elector makes an error in marking the
 23 10 ballot, the machine shall indicate the error and permit the
 23 11 elector to make a correction according to the provisions of
 23 12 section 52.30, subsection 4.  A punch card voting system shall
 23 13 not be approved for use.
 23 14    Sec. 51.  Section 52.27, Code 2001, is amended to read as
 23 15 follows:
 23 16    52.27  COMMISSIONER TO PROVIDE ELECTRONIC VOTING EQUIPMENT.
 23 17    The commissioner having jurisdiction of any precinct for
 23 18 which the board of supervisors has adopted voting by means of
 23 19 an electronic voting system shall, as soon as practicable
 23 20 thereafter, provide for use at each election held in the
 23 21 precinct special paper ballots and vote marking devices, or
 23 22 ballot cards, ballot labels and voting punch devices, as the
 23 23 case may be, in appropriate numbers.  The commissioner shall
 23 24 have custody of all equipment required for use of the
 23 25 electronic voting system, and shall be responsible for
 23 26 maintaining it in good condition and for storing it between
 23 27 elections.  All provisions of chapter 49 relative to times and
 23 28 circumstances under which voting machines are to be used in
 23 29 any election and the number of voting machines to be provided
 23 30 shall also govern the use of electronic voting systems, when
 23 31 applicable.
 23 32    Sec. 52.  Section 52.28, subsection 1, Code 2001, is
 23 33 amended to read as follows:
 23 34    1.  The commissioner of each county in which the use of an
 23 35 electronic voting system in one or more precincts has been
 24  1 authorized shall determine the arrangement of candidates'
 24  2 names and public questions upon the ballot or ballots used
 24  3 with the system.  The ballot information, whether placed on
 24  4 the special paper ballot, the ballot card or the ballot label,
 24  5 shall be arranged as required by chapters 43 and 49, and by
 24  6 any relevant provisions of any statutes which specify the form
 24  7 of ballots for special elections, so far as possible within
 24  8 the constraints of the physical characteristics of the
 24  9 electronic voting system in use in that county.  The state
 24 10 commissioner may adopt rules requiring a reasonable degree of
 24 11 uniformity among counties in arrangement of electronic voting
 24 12 system ballots.
 24 13    Sec. 53.  Section 52.28, subsection 2, Code 2001, is
 24 14 amended by striking the subsection.
 24 15    Sec. 54.  Section 52.29, Code 2001, is amended to read as
 24 16 follows:
 24 17    52.29  ELECTRONIC VOTING SYSTEM SAMPLE BALLOTS.
 24 18    The commissioner shall provide for each precinct where an
 24 19 electronic voting system is in use at least four sample
 24 20 special paper ballots, or combinations of ballot cards and
 24 21 ballot labels, as the case may be, which shall be exact copies
 24 22 of the official ballots as printed for that precinct.  The
 24 23 sample ballots shall be arranged in the form of a diagram
 24 24 showing the special paper ballot or the front of the voting
 24 25 punch device, as the case may be, as it will appear to the
 24 26 voter in that precinct on election day.  The sample ballots
 24 27 shall be posted prominently within the polling place, and
 24 28 shall be open to public inspection during the hours the polls
 24 29 are open on election day.
 24 30    Sec. 55.  Section 52.33, unnumbered paragraph 1, Code 2001,
 24 31 is amended to read as follows:
 24 32    In any county in which the board of supervisors has adopted
 24 33 voting by means of an electronic voting system, the
 24 34 commissioner may elect to also conduct absentee voting by use
 24 35 of such a system if the system so used is compatible with the
 25  1 counting center serving the precinct polling places in the
 25  2 county where voting is by means of an electronic voting
 25  3 system.  In any other county, the commissioner may with
 25  4 approval of the board of supervisors conduct absentee voting
 25  5 by use of an electronic voting system.  All provisions of
 25  6 chapter 53 shall apply to such absentee voting, so far as
 25  7 applicable.  When a ballot card is used for voting by mail it
 25  8 shall be accompanied by a stylus, voter instructions, and a
 25  9 specimen ballot showing the proper positions to vote on the
 25 10 ballot card for each candidate or public question.  The card
 25 11 shall be mounted on material suitable to receive the punched
 25 12 out chip.  In counties where absentee voting is conducted by
 25 13 use of an electronic voting system, the special precinct
 25 14 counting board shall, at the time required by chapter 53,
 25 15 prepare absentee ballots for delivery to the counting center
 25 16 in the manner prescribed by this chapter.
 25 17    Sec. 56.  Section 52.35, subsection 2, Code 2001, is
 25 18 amended to read as follows:
 25 19    2.  The test shall be conducted by processing a preaudited
 25 20 group of ballots punched or marked so as to record a
 25 21 predetermined number of valid votes for each candidate, and on
 25 22 each public question, on the ballot.  The test group shall
 25 23 include for each office and each question one or more ballots
 25 24 having votes in excess of the number allowed by law for that
 25 25 office or question, in order to test the ability of the
 25 26 automatic tabulating equipment to reject such votes.  Any
 25 27 observer may submit an additional test group of ballots which,
 25 28 if so submitted, shall also be tested.  The state commissioner
 25 29 shall promulgate administrative rules establishing procedures
 25 30 for any additional test group of ballots submitted by an
 25 31 observer.  If any error is detected, its cause shall be
 25 32 ascertained and corrected and an errorless count obtained
 25 33 before the automatic tabulating equipment is approved.  When
 25 34 so approved, a statement attesting to the fact shall be signed
 25 35 by the commissioner and kept with the records of the election.
 26  1    Sec. 57.  Section 52.37, subsection 1, Code 2001, is
 26  2 amended to read as follows:
 26  3    1.  The sealed ballot container from each precinct shall be
 26  4 delivered to the counting center by two of the election
 26  5 officials of that precinct, not members of the same political
 26  6 party if the ballot contains partisan offices, who shall
 26  7 travel together in the same vehicle and shall have the
 26  8 container under their immediate joint control until they
 26  9 surrender it to the commissioner or the commissioner's
 26 10 designee in charge of the counting center.  The commissioner
 26 11 may designate two precinct election officials, of different
 26 12 political parties if the ballot contains partisan offices, to
 26 13 collect the sealed ballot containers from more than one
 26 14 precinct to deliver to the counting center.  The commissioner
 26 15 or designee shall, in the presence of the two precinct
 26 16 election officials who delivered the container, enter on a
 26 17 record kept for the purpose that the container was received,
 26 18 the time the container was received, and the condition of the
 26 19 seal upon receipt.
 26 20    In nonpartisan elections the election officials delivering
 26 21 the ballots are not required to be members of any political
 26 22 party, or to be members of different political parties.
 26 23    Sec. 58.  NEW SECTION.  52.41  ELECTRONIC TRANSMISSION OF
 26 24 ELECTION RESULTS.
 26 25    With the advice of the board of examiners for voting
 26 26 machines and electronic voting systems, the state commissioner
 26 27 shall adopt by rule standards for the examination and testing
 26 28 of devices for the electronic transmission of election
 26 29 results.  All voting systems which contain devices for the
 26 30 electronic transmission of election results submitted to the
 26 31 examiners for examination and testing after July 1, 2003,
 26 32 shall comply with these standards.
 26 33    Sec. 59.  Section 53.8, subsection 1, Code 2001, is amended
 26 34 to read as follows:
 26 35    1.  Upon receipt of an application for an absentee ballot
 27  1 and immediately after the absentee ballots are printed, the
 27  2 commissioner shall mail an absentee ballot to the applicant
 27  3 within twenty-four hours, except as otherwise provided in
 27  4 subsection 3.  The absentee ballot shall be enclosed in an
 27  5 unsealed envelope bearing a serial number and affidavit.  The
 27  6 absentee ballot and unsealed envelope shall be enclosed in or
 27  7 with a carrier envelope which bears the same serial number as
 27  8 the unsealed envelope.  The absentee ballot, unsealed
 27  9 envelope, and carrier envelope shall be enclosed in a third
 27 10 envelope to be sent to the registered voter.  If the ballot
 27 11 cannot be folded so that all of the votes cast on the ballot
 27 12 will be hidden, the commissioner shall also enclose a secrecy
 27 13 envelope with the absentee ballot.
 27 14    Sec. 60.  NEW SECTION.  53.10  ABSENTEE VOTING AT THE
 27 15 COMMISSIONER'S OFFICE.
 27 16    Not more than forty days before the date of the primary
 27 17 election or the general election, the commissioner shall
 27 18 provide facilities for absentee voting in person at the
 27 19 commissioner's office.  This service shall also be provided
 27 20 for other elections as soon as the ballots are ready, but in
 27 21 no case shall absentee ballots be available more than forty
 27 22 days before an election.
 27 23    Each person who wishes to vote by absentee ballot at the
 27 24 commissioner's office shall first sign an application for a
 27 25 ballot including the following information:  name, current
 27 26 address, and the election for which the ballot is requested.
 27 27 The person may report a change of address or other information
 27 28 on the person's voter registration record at that time.  The
 27 29 registered voter shall immediately mark the ballot, enclose
 27 30 the ballot in a secrecy envelope, if necessary, and seal it in
 27 31 a ballot envelope, subscribe to the affidavit on the reverse
 27 32 side of the envelope, and return the absentee ballot to the
 27 33 commissioner.  The commissioner shall record the numbers
 27 34 appearing on the application and ballot envelope along with
 27 35 the name of the registered voter.
 28  1    During the hours when absentee ballots are available in the
 28  2 office of the commissioner, the posting of political signs is
 28  3 prohibited within thirty feet of the absentee voting site.  No
 28  4 electioneering shall be allowed within the sight or hearing of
 28  5 voters at the absentee voting site.
 28  6    Sec. 61.  Section 53.11, unnumbered paragraph 1, Code 2001,
 28  7 is amended by striking the unnumbered paragraph.
 28  8    Sec. 62.  Section 53.11, unnumbered paragraph 2, Code 2001,
 28  9 is amended to read as follows:
 28 10    Satellite absentee voting stations shall may be established
 28 11 throughout the cities and county at the direction of the
 28 12 commissioner or and shall be established upon receipt of a
 28 13 petition signed by not less than one hundred eligible electors
 28 14 requesting that a satellite absentee voting station be
 28 15 established at a location to be described on the petition.  A
 28 16 satellite absentee voting station established by petition must
 28 17 be open at least one day for a minimum of six hours.  A
 28 18 satellite absentee voting station established at the direction
 28 19 of the commissioner or by petition may remain open until five
 28 20 p.m. on the day before the election.
 28 21    Sec. 63.  Section 53.11, Code 2001, is amended by adding
 28 22 the following new unnumbered paragraphs:
 28 23    NEW UNNUMBERED PARAGRAPH.  Procedures for absentee voting
 28 24 at satellite absentee voting stations shall be the same as
 28 25 specified in section 53.10 for voting at the commissioner's
 28 26 office.  Additional procedures shall be prescribed by rule by
 28 27 the state commissioner.
 28 28    NEW UNNUMBERED PARAGRAPH.  During the hours when absentee
 28 29 ballots are available at a satellite absentee voting station,
 28 30 the posting of political signs is prohibited within thirty
 28 31 feet of the satellite absentee voting station.  Electioneering
 28 32 shall not be allowed within the sight or hearing of voters at
 28 33 the satellite absentee voting station.
 28 34    Sec. 64.  Section 53.18, Code 2001, is amended to read as
 28 35 follows:
 29  1    53.18  MANNER OF PRESERVING BALLOT AND APPLICATION.
 29  2    Upon receipt of the absentee ballot, the commissioner shall
 29  3 at once record the number appearing on the application and
 29  4 return carrier envelope and time of receipt of such ballot and
 29  5 attach the elector's application to the unopened envelope.
 29  6 Absentee ballots shall be stored in a secure place until they
 29  7 are delivered to the absentee and special voters precinct
 29  8 board.
 29  9    Sec. 65.  Section 53.19, unnumbered paragraph 3, Code 2001,
 29 10 is amended to read as follows:
 29 11    However, any registered voter who has received an absentee
 29 12 ballot and not returned it, may surrender the absentee ballot
 29 13 to the precinct officials and vote in person at the polls.
 29 14 The precinct officials shall mark the uncast absentee ballot
 29 15 "void" and return it to the commissioner.  Any registered
 29 16 voter who has been sent an absentee ballot by mail but for any
 29 17 reason has not received it or who has not brought the ballot
 29 18 to the polls, may appear at the voter's precinct polling place
 29 19 on election day and sign an affidavit to that effect, after
 29 20 which the voter shall be permitted to vote in person.  Such
 29 21 voter shall cast a ballot in accordance with section 49.81.
 29 22 The form of the affidavit for use in such cases shall be
 29 23 prescribed by the state commissioner.
 29 24    Sec. 66.  Section 53.30, Code 2001, is amended to read as
 29 25 follows:
 29 26    53.30  BALLOT ENVELOPE PRESERVED.
 29 27    At the conclusion of each meeting of the absentee and
 29 28 special voter's precinct board, the board shall securely seal
 29 29 all ballots counted by them in the manner prescribed in
 29 30 section 50.12.  The ballot envelopes, including the envelope
 29 31 having the registered voter's affidavit thereon on it, the
 29 32 return carrier envelope, and secrecy envelope bearing the
 29 33 signatures of precinct election officials, as required by
 29 34 section 53.23, shall be preserved.  All applications for
 29 35 absentee ballots, ballots rejected without being opened,
 30  1 absentee ballot logs, and any other documents pertaining to
 30  2 the absentee ballot process shall be preserved until such time
 30  3 as the documents may be destroyed pursuant to section 50.19.
 30  4    Sec. 67.  Section 53.38, Code 2001, is amended to read as
 30  5 follows:
 30  6    53.38  AFFIDAVIT WHAT CONSTITUTES REGISTRATION.
 30  7    Whenever a ballot is requested pursuant to section 53.39 or
 30  8 53.45 on behalf of a voter in the armed forces of the United
 30  9 States, the affidavit upon the ballot envelope of such voter,
 30 10 if the voter is found to be an eligible elector of the county
 30 11 to which the ballot is submitted, shall constitute a
 30 12 sufficient registration under the provisions of chapter 48A
 30 13 and the.  A completed federal postcard registration and
 30 14 federal absentee ballot request form submitted by such
 30 15 eligible elector shall also constitute a sufficient
 30 16 registration under chapter 48A.  The commissioner shall place
 30 17 the voter's name on the registration record as a registered
 30 18 voter, if it does not already appear there.
 30 19    Sec. 68.  Section 53.40, unnumbered paragraph 1, Code 2001,
 30 20 is amended to read as follows:
 30 21    A request in writing for a ballot may be made by any member
 30 22 of the armed forces of the United States who is or will be a
 30 23 qualified voter on the day of the election at which the ballot
 30 24 is to be cast, at any time before the election.  Any member of
 30 25 the armed forces of the United States may request ballots for
 30 26 all elections to be held within a calendar year.  The request
 30 27 may be made by using the federal postcard application form and
 30 28 indicating that the applicant wishes to receive ballots for
 30 29 all elections as permitted by state law.  The county auditor
 30 30 commissioner shall send the applicant a ballot for each
 30 31 election held during the calendar year in which the
 30 32 application is received.  The commissioner shall forward a
 30 33 copy of the absentee ballot request to other commissioners who
 30 34 are responsible under section 47.2, subsection 2, for
 30 35 conducting elections in which the applicant is eligible to
 31  1 vote.
 31  2    Sec. 69.  Section 57.1, subsection 2, Code 2001, is amended
 31  3 by adding the following new paragraph after paragraph f and
 31  4 relettering the subsequent paragraphs:
 31  5    NEW PARAGRAPH.  g.  That the public measure or office was
 31  6 not authorized or required by state law to appear on the
 31  7 ballot at the election being contested.
 31  8    Sec. 70.  Section 60.4, Code 2001, is amended to read as
 31  9 follows:
 31 10    60.4  STATEMENT.
 31 11    The contestant shall file the statement provided for in
 31 12 chapter 62 in the office of the secretary of state within ten
 31 13 two days from the day on which the returns are canvassed by
 31 14 the state board of canvassers, and, within the same time,
 31 15 serve a copy of the same, with a notice of the contest, on the
 31 16 incumbent in the manner provided by the rules of civil
 31 17 procedure for service of an original notice.
 31 18    Sec. 71.  Section 60.5, Code 2001, is amended to read as
 31 19 follows:
 31 20    60.5  ORGANIZATION AND TRIAL.
 31 21    The clerk of the court shall, immediately after the filing
 31 22 of the statement, notify the judges herein named, and fix a
 31 23 day for the organization of the court within three two days
 31 24 thereafter, and also notify the parties to the contest.  The
 31 25 judges shall meet on the day fixed, and organize the court,
 31 26 and make and announce such rules for the trial of the case as
 31 27 they shall think necessary for the protection of the rights of
 31 28 each party and a just and speedy trial of the case, and
 31 29 commence the trial of the case as early as practicable
 31 30 thereafter, and so arrange for and conduct the trial that a
 31 31 final determination of the same and judgment shall be rendered
 31 32 at least six days before the first Monday after the second
 31 33 Wednesday in December next following.
 31 34    Sec. 72.  NEW SECTION.  62.5A  STATEMENT OF INTENT TO
 31 35 CONTEST.
 32  1    1.  Within twenty days after the board of supervisors
 32  2 declares a winner from the canvass of an election, the
 32  3 contestant shall file with the commissioner a written
 32  4 statement of intention to contest the election.  If a recount
 32  5 is held for the office in question, and the recount board
 32  6 finds that the winner was someone other than the person
 32  7 declared at the original canvass of votes, a contest may be
 32  8 filed within twenty days after the board of supervisors
 32  9 declares a winner from the recount of votes.
 32 10    2.  The contestant's statement shall include the following:
 32 11    a.  The name of the contestant and that the contestant is
 32 12 qualified to hold such office.
 32 13    b.  The name of the incumbent.
 32 14    c.  The office contested.
 32 15    d.  The date of the election.
 32 16    e.  The particular causes of the contest pursuant to
 32 17 section 57.1, subsection 2.  If a cause of the contest is an
 32 18 allegation that illegal votes were received or that legal
 32 19 votes were rejected, a statement shall be included setting
 32 20 forth the names of the persons who are alleged to have voted
 32 21 illegally or whose votes were rejected and the precinct where
 32 22 they voted or offered to vote.
 32 23    f.  The affidavit of the contestant, or some elector of the
 32 24 county, affirming the causes set forth are true.
 32 25    Sec. 73.  Section 63.8, Code 2001, is amended to read as
 32 26 follows:
 32 27    63.8  VACANCIES – TIME TO QUALIFY.
 32 28    Persons elected or appointed to fill vacancies, and
 32 29 officers entitled to hold over to fill vacancies occurring
 32 30 through a failure to elect, appoint, or qualify, as provided
 32 31 in chapter 69, shall qualify within ten days from the county
 32 32 board's canvass of such election, or within ten days from such
 32 33 appointment, or failure to elect, appoint, or qualify, in the
 32 34 same manner as those originally elected or appointed to such
 32 35 offices.
 33  1    Sec. 74.  Section 69.2, Code Supplement 2001, is amended to
 33  2 read as follows:
 33  3    69.2  WHAT CONSTITUTES VACANCY.
 33  4    1.  Every civil office shall be vacant if any of the
 33  5 following events occur:
 33  6    1. a.  A failure to elect at the proper election, or to
 33  7 appoint within the time fixed by law, unless the incumbent
 33  8 holds over.
 33  9    2. b.  A failure of the incumbent or holdover officer to
 33 10 qualify within the time prescribed by law.
 33 11    3. c.  The incumbent ceasing to be a resident of the state,
 33 12 district, county, township, city, or ward by or for which the
 33 13 incumbent was elected or appointed, or in which the duties of
 33 14 the office are to be exercised. This subsection shall not
 33 15 apply to appointed city officers.
 33 16    4. d.  The resignation or death of the incumbent, or of the
 33 17 officer-elect before qualifying.
 33 18    5. e.  The removal of the incumbent from, or forfeiture of,
 33 19 the office, or the decision of a competent tribunal declaring
 33 20 the office vacant.
 33 21    6. f.  The conviction of the incumbent of a felony, an
 33 22 aggravated misdemeanor, or of any public offense involving the
 33 23 violation of the incumbent's oath of office.
 33 24    7. g.  The board of supervisors declares a vacancy in an
 33 25 elected county office upon finding that the county officer has
 33 26 been physically absent from the county for sixty consecutive
 33 27 days except in the case of a medical emergency; temporary
 33 28 active military duty; or temporary service with another
 33 29 government service, agency, or department.
 33 30    8. h.  The incumbent simultaneously holding more than one
 33 31 elective office at the same level of government.  This
 33 32 subsection does not apply to the county agricultural extension
 33 33 council or the soil and water conservation district
 33 34 commission.
 33 35    9. i.  An incumbent statewide elected official or member of
 34  1 the general assembly simultaneously holding more than one
 34  2 elective office.
 34  3    2.  If the status of an officeholder is in question, the
 34  4 entity or officer responsible for making an appointment to
 34  5 fill the vacancy shall decide whether a vacancy exists.  The
 34  6 appointing entity or officer may act upon its own motion.  If
 34  7 a petition signed by twenty-five registered voters of the
 34  8 jurisdiction is received, the appointing entity or officer
 34  9 shall convene within thirty days to consider whether a vacancy
 34 10 exists.  The appointing entity or officer shall publish notice
 34 11 that a public hearing will be held to determine whether a
 34 12 vacancy exists.  The notice shall include the time and place
 34 13 of the hearing and the name of the office and the officeholder
 34 14 whose status is in question.  The public hearing shall be held
 34 15 not less than four nor more than fourteen days after
 34 16 publication of the notice.  The officer whose status is in
 34 17 question shall be notified of the time and place of the
 34 18 hearing.  Notice shall be sent by certified mail and must be
 34 19 postmarked at least fourteen days before the hearing.  No
 34 20 later than seven days after the public hearing, the appointing
 34 21 entity or officer shall publish its decision.  If the
 34 22 appointing entity or officer decides that the office is
 34 23 vacant, the publication shall state the date the vacancy
 34 24 occurred and what action will be taken to fill the vacancy.
 34 25    3.  The officer against whom the judgment was rendered may
 34 26 appeal to the district court no later than twenty days after
 34 27 official publication of the decision.  However, the appeal
 34 28 will not supersede the execution of the judgment of the
 34 29 appointing entity or officer, unless the party gives a bond,
 34 30 with security to be approved by the district judge in a sum to
 34 31 be fixed by the judge.  The amount of the bond shall be at
 34 32 least double the probable compensation of such officer for six
 34 33 months, which bond shall be conditioned that the officer will
 34 34 prosecute the appeal without delay, and that, if the judgment
 34 35 appealed from is affirmed, the party will pay over to the
 35  1 successful party all compensation received by the party while
 35  2 in possession of the office after the judgment appealed from
 35  3 was rendered.  The court shall hear the appeal in equity and
 35  4 determine anew all questions arising in the case.
 35  5    4.  If, upon appeal, the judgment is affirmed, the district
 35  6 court may render judgment upon the bond for the amount of
 35  7 damages awarded against the appellant and the sureties on the
 35  8 bond.
 35  9    Sec. 75.  Section 69.12, subsection 1, paragraph a, Code
 35 10 2001, is amended to read as follows:
 35 11    a.  A vacancy shall be filled at the next pending election
 35 12 if it occurs:
 35 13    (1)  Seventy-four or more days prior to before the
 35 14 election, if it is a general or primary election.
 35 15    (2)  Fifty-two or more days prior to before the election,
 35 16 if it is a regularly scheduled or special city election.
 35 17 However, for those cities which may be required to hold a
 35 18 primary election, the vacancy shall be filled at the next
 35 19 pending election if it occurs seventy-three or more days
 35 20 before a regularly scheduled or special city election.
 35 21    (3)  Forty-five or more days prior to before the election,
 35 22 if it is a regularly scheduled school election.
 35 23    (4)  Forty or more days prior to before the election, if it
 35 24 is a special election.
 35 25    Sec. 76.  Section 69.12, subsection 1, paragraph b, Code
 35 26 2001, is amended to read as follows:
 35 27    b.  Nomination papers on behalf of candidates for a vacant
 35 28 office to be filled pursuant to paragraph "a" of this
 35 29 subsection shall be filed, in the form and manner prescribed
 35 30 by applicable law, by five o'clock p.m. on:
 35 31    (1)  The final filing date for candidates filing with the
 35 32 state commissioner or commissioner, as the case may be, for a
 35 33 general or primary election.
 35 34    (2)  The forty-seventh day prior to candidate filing
 35 35 deadline specified in section 376.4 for regularly scheduled or
 36  1 special city election.
 36  2    (3)  The fortieth day prior to before a regularly scheduled
 36  3 school election.
 36  4    (4)  The twenty-fifth day prior to before a special
 36  5 election.
 36  6    Sec. 77.  Section 69.14A, Code 2001, is amended by adding
 36  7 the following new subsection:
 36  8    NEW SUBSECTION.  4.  Notwithstanding subsections 1 and 2,
 36  9 if a nomination has been made at the primary election for an
 36 10 office in which a vacancy has been filled by appointment, the
 36 11 office shall be filled at the next general election, and not
 36 12 at any special election in the same political subdivision.
 36 13    Sec. 78.  Section 275.12, subsections 3 and 4, Code
 36 14 Supplement 2001, are amended to read as follows:
 36 15    3.  If the petition proposes the division of the school
 36 16 district into director districts, the boundaries of the
 36 17 proposed director districts shall not be described in the
 36 18 petition and shall be drawn until the question is approved by
 36 19 the voters.  If the question is approved by the voters, the
 36 20 directors of the new school district shall draw the boundaries
 36 21 of the director districts according to the standards described
 36 22 in section 275.23A, subsection 1.  Following adoption by the
 36 23 school board, the plan shall be submitted to the state
 36 24 commissioner of elections for approval.
 36 25    4.  The area education agency board in reviewing the
 36 26 petition as provided in sections 275.15 and 275.16 shall
 36 27 review the proposed method of election of school directors and
 36 28 may change or amend the plan in any manner, including the
 36 29 changing of boundaries of director districts if proposed, or
 36 30 to specify a different method of electing school directors as
 36 31 may be required by law, justice, equity, and the interest of
 36 32 the people.  In the action, the area education agency board
 36 33 shall follow the same procedure as is required by sections
 36 34 275.15 and 275.16 for other action on the petition by the area
 36 35 education agency board.  The area education agency shall
 37  1 ascertain that director district boundary lines comply with
 37  2 the provisions of section 275.23A, subsection 1, and shall
 37  3 make adjustments as necessary.
 37  4    Sec. 79.  Section 275.25, subsection 1, unnumbered
 37  5 paragraph 1, Code 2001, is amended to read as follows:
 37  6    If the proposition to establish a new school district
 37  7 carries under the method provided in this chapter, the area
 37  8 education agency administrator with whom the petition was
 37  9 filed shall give written notice of a proposed date for a
 37 10 special election for directors of the newly formed school
 37 11 district to the commissioner of elections of the county in the
 37 12 district involved in the reorganization which has the greatest
 37 13 taxable base.  The proposed date shall be as soon as possible
 37 14 pursuant to section 39.2, subsections 1 and 2, and section
 37 15 47.6, subsections 1 and 2, but not later than the third
 37 16 Tuesday in January of the calendar year in which the
 37 17 reorganization takes effect.  The election shall be conducted
 37 18 as provided in section 277.3, and nomination petitions shall
 37 19 be filed pursuant to section 277.4, except as otherwise
 37 20 provided in this subsection.  Nomination petitions shall be
 37 21 filed with the secretary of the board of the existing school
 37 22 district in which the candidate resides, signed by not less
 37 23 than ten eligible electors of the newly formed district, and
 37 24 filed not less than twenty-eight days before the date set for
 37 25 the special school election.  The school secretary of the
 37 26 board, or the secretary's designee, shall be present in the
 37 27 secretary's office until five p.m. on the final day to file
 37 28 the nomination papers.  The nomination papers shall be
 37 29 delivered to the commissioner no later than five p.m. on the
 37 30 twenty-seventh day before the election.
 37 31    Sec. 80.  Section 275.35, Code 2001, is amended to read as
 37 32 follows:
 37 33    275.35  CHANGE OF METHOD OF ELECTIONS.
 37 34    Any existing or hereafter created or enlarged school
 37 35 district may change the number of directors to either five or
 38  1 seven and may also change its method of election of school
 38  2 directors to any method authorized by section 275.12 by
 38  3 submission of a proposal, stating the proposed new method of
 38  4 election and describing the boundaries of the proposed
 38  5 director districts if any, by the school board of such
 38  6 district to the electors at any regular or special school
 38  7 election.  The school board shall notify the county
 38  8 commissioner of elections who shall publish notice of the
 38  9 election in the manner provided in section 49.53.  The
 38 10 election shall be conducted pursuant to chapters 39 to 53 by
 38 11 the county commissioner of elections. Such proposal shall be
 38 12 adopted if it is approved by a majority of the votes cast on
 38 13 the proposition.
 38 14    If the proposal adopted by the voters requires the
 38 15 establishment of or change in director district boundaries,
 38 16 the school board shall draw the necessary boundaries within
 38 17 forty days after the date of the election.  The boundaries
 38 18 shall be drawn according to the requirements of section
 38 19 275.23A.  Following adoption by the school board, the plan
 38 20 shall be submitted to the state commissioner of elections for
 38 21 approval.
 38 22    Sec. 81.  Section 275.36, Code 2001, is amended to read as
 38 23 follows:
 38 24    275.36  SUBMISSION OF CHANGE TO ELECTORS.
 38 25    If a petition for a change in the number of directors or in
 38 26 the method of election of school directors, describing the
 38 27 boundaries of the proposed director districts, if any, signed
 38 28 by eligible electors of the school district equal in number to
 38 29 at least thirty percent of those who voted in the last
 38 30 previous annual school election in the school district, but
 38 31 not less than one hundred persons, and accompanied by
 38 32 affidavit as required by section 275.13 be is filed with the
 38 33 school board of a school district, not earlier than six months
 38 34 and not later than sixty-seven days before a regular or
 38 35 special school election pursuant to the requirements of
 39  1 section 278.2, the school board shall submit such proposition
 39  2 to the voters at the regular school election or a special
 39  3 election held not later than February 1.  The petition shall
 39  4 be accompanied by an affidavit as required by section 275.13.
 39  5 If a proposition for a change in the number of directors or in
 39  6 the method of election of school directors submitted to the
 39  7 voters under this section is rejected, it shall not be
 39  8 resubmitted to the voters of the district in substantially the
 39  9 same form within the next three years; if it is approved, no
 39 10 other proposal may be submitted to the voters of the district
 39 11 under this section within the next six years.
 39 12    If the proposal adopted by the voters requires the
 39 13 establishment of or a change in director district boundaries
 39 14 pursuant to section 275.12, subsection 2, paragraph "b", "c",
 39 15 "d", or "e", the school board shall draw the necessary
 39 16 boundaries within forty days after the date of the election.
 39 17 The boundaries shall be drawn according to the requirements of
 39 18 section 275.23A.  Following adoption by the school board, the
 39 19 plan shall be submitted to the state commissioner of elections
 39 20 for approval.  The new boundaries shall become effective on
 39 21 July 1 following approval.
 39 22    Sec. 82.  Section 275.37, Code 2001, is amended to read as
 39 23 follows:
 39 24    275.37  INCREASE IN NUMBER OF DIRECTORS.
 39 25    At the next succeeding annual school election in a district
 39 26 where the number of directors has been increased from five to
 39 27 seven, and directors are elected at large, there shall be
 39 28 elected a director to succeed each incumbent director whose
 39 29 term is expiring in that year, and two additional directors.
 39 30 Upon organizing as required by section 279.1, the newly
 39 31 elected director who received the fewest votes in the election
 39 32 shall be assigned a term of either one year or two years if
 39 33 necessary in order that as nearly as possible one-third of the
 39 34 members of the board shall be elected each year.  If some or
 39 35 all directors are elected from director districts, the board
 40  1 shall assign terms appropriate for the method of election used
 40  2 by the district.
 40  3    Sec. 83.  NEW SECTION.  275.37A  DECREASE IN NUMBER OF
 40  4 DIRECTORS.
 40  5    1.  A change from seven to five directors shall be effected
 40  6 in a district at the first regular school election after
 40  7 authorization by the voters in the following manner:
 40  8    a.  If at the first election in the district there are
 40  9 three terms expiring, one director shall be elected.  At the
 40 10 second election in that district, if two terms are expiring,
 40 11 two directors shall be elected.  At the third election in that
 40 12 district, if there are two terms expiring, two directors shall
 40 13 be elected.
 40 14    b.  If at the first election there are two terms expiring,
 40 15 no directors shall be elected.  At the second election in that
 40 16 district, if two terms are expiring, two directors shall be
 40 17 elected.  At the third election in that district, if there are
 40 18 three terms expiring, three directors shall be elected, two
 40 19 for three years and one for one year.  The newly elected
 40 20 director who received the fewest votes in the election shall
 40 21 be assigned a term of one year.
 40 22    c.  If at the first election there are two terms expiring,
 40 23 no directors shall be elected.  At the second election in that
 40 24 district, if three terms are expiring, three directors shall
 40 25 be elected, two for three years and one for two years.  The
 40 26 newly elected director who received the fewest votes in the
 40 27 election shall be assigned a term of two years.  At the third
 40 28 election in that district, if there are two terms expiring,
 40 29 two directors shall be elected.
 40 30    2.  If some or all of the directors are elected from
 40 31 director districts, the board shall devise a plan to reduce
 40 32 the number of members so that as nearly as possible one-third
 40 33 of the members of the board shall be elected each year and so
 40 34 that each district will be continuously represented.
 40 35    Sec. 84.  Section 275.55, unnumbered paragraph 1, Code
 41  1 2001, is amended to read as follows:
 41  2    The board of the school district shall call a special
 41  3 election to be held not later than forty days following the
 41  4 date of the final hearing on the dissolution proposal.  The
 41  5 special election may be held at the same time as the regular
 41  6 school election.  The proposition submitted to the voters
 41  7 residing in the school district at the special election shall
 41  8 describe each separate area to be attached to a contiguous
 41  9 school district and shall name the school district to which it
 41 10 will be attached.  In addition to the description, a map may
 41 11 be included in the summary of the question on the ballot.
 41 12    Sec. 85.  NEW SECTION.  275.57  CHANGING DIRECTOR DISTRICT
 41 13 BOUNDARIES FOLLOWING DISSOLUTION.
 41 14    1.  If a school district accepting attachments of a
 41 15 dissolved district is currently divided into director
 41 16 districts as provided in section 275.12, subsection 2,
 41 17 paragraph "b", "c", "d", or "e", the board of directors of the
 41 18 district shall draft a proposal to incorporate the newly
 41 19 received territory into existing contiguous director
 41 20 districts.  If the attached territory is contiguous to more
 41 21 than one director district, the board may divide the territory
 41 22 and attach it to more than one director district.  If
 41 23 necessary to comply with the population equality standards
 41 24 prescribed in section 275.23A, the board shall redraw the
 41 25 boundaries of all director districts according to the
 41 26 standards provided in section 275.23A, subsection 1,
 41 27 paragraphs "a", "c", and "d".
 41 28    2.  A public hearing on the proposed changes to director
 41 29 districts shall be held no later than May 15 following the
 41 30 dissolution.  Not less than ten nor more than twenty days
 41 31 before the public hearing, the board shall publish notice of
 41 32 the time and place of the hearing.
 41 33    3.  The final plan for the assignment of attached lands and
 41 34 any other boundary changes made shall be adopted by resolution
 41 35 of the board.  The resolution shall contain a legal
 42  1 description of the new director district boundaries and a map
 42  2 of the director district boundaries changed by the resolution.
 42  3 A copy of the resolution shall be filed with the county
 42  4 commissioners of elections of each county in which a portion
 42  5 of the school district is located.  The resolution shall also
 42  6 be filed with the state commissioner of elections not later
 42  7 than June 15.  The boundary changes shall take effect upon
 42  8 approval by the state commissioner of elections for the next
 42  9 regular school election, but not later than July 1.
 42 10    Sec. 86.  Section 277.23, Code 2001, is amended to read as
 42 11 follows:
 42 12    277.23  DIRECTORS – NUMBER – CHANGE.
 42 13    In any district including all or part of a city of fifteen
 42 14 thousand or more population and in any district in which the
 42 15 voters have authorized seven directors, the board shall
 42 16 consist of seven members; in all other districts the board
 42 17 shall consist of five members.
 42 18    A change from five to seven directors shall be effected in
 42 19 a district at the first regular election after authorization
 42 20 by the voters or when a district becomes wholly or in part
 42 21 within a city of fifteen thousand population or more in the
 42 22 following manner:  If the term of one director of the five-
 42 23 member board expires at the time of said regular election,
 42 24 three directors shall be elected to serve until the third
 42 25 regular election thereafter; if the terms of two directors
 42 26 expire at the time of said regular election, three directors
 42 27 shall be elected to serve until the third regular election
 42 28 thereafter and one director shall be elected to serve a term
 42 29 the expiration of which coincides with the expiration of the
 42 30 term of the director heretofore singly elected described in
 42 31 section 275.37.
 42 32    Sec. 87.  Section 278.1, subsection 8, Code 2001, is
 42 33 amended to read as follows:
 42 34    8.  Authorize a change in the method of conducting
 42 35 elections or in the number of directors as provided in
 43  1 sections 275.35 and 275.36.  If a proposition submitted to the
 43  2 voters under this subsection or subsection 7 is rejected, it
 43  3 may not be resubmitted to the voters of the district in
 43  4 substantially the same form within the next three years; if it
 43  5 is approved, no other proposal may be submitted to the voters
 43  6 of the district under this subsection or subsection 7 within
 43  7 the next six years.  The establishment or abandonment of
 43  8 director districts or a change in the boundaries of director
 43  9 districts shall be implemented as prescribed in section
 43 10 275.37.
 43 11    Sec. 88.  Section 279.6, unnumbered paragraph 2, Code 2001,
 43 12 is amended to read as follows:
 43 13    However, A vacancy shall be filled at the next regular
 43 14 school election if a member of a school board resigns from the
 43 15 board prior to the time for filing nomination papers for
 43 16 office as a school board member, as provided in section 277.4,
 43 17 not later than forty-five days before the election and the
 43 18 notice of resignation specifies in the resignation that the
 43 19 resignation will be an effective on the date at the beginning
 43 20 of the next term of office for elective school officials
 43 21 begins, the.  The president of the board shall declare the
 43 22 office vacant as of that the date and nomination of the next
 43 23 organizational meeting.  Nomination papers shall be received
 43 24 for the unexpired term of the resigning member.  The person
 43 25 elected at the next regular school election to fill the
 43 26 vacancy shall take office at the same time and place as the
 43 27 other elected school board members.
 43 28    Sec. 89.  Section 296.3, Code 2001, is amended to read as
 43 29 follows:
 43 30    296.3  ELECTION CALLED.
 43 31    The Within ten days of receipt of a petition filed under
 43 32 section 296.2, the president of the board of directors, within
 43 33 ten days of receipt of a petition under section 296.2, shall
 43 34 call a meeting of the board which shall.  The meeting shall be
 43 35 held within thirty days after the petition was received.  At
 44  1 the meeting, the board shall call the election, fixing the
 44  2 time of the election, which may be at the time and place of
 44  3 holding the regular school election, unless.  However, if the
 44  4 board determines by unanimous vote that the proposition or
 44  5 propositions requested by a petition to be submitted at an
 44  6 election are grossly unrealistic or contrary to the needs of
 44  7 the school district, no election shall be called.  If more
 44  8 than one petition has been received by the time the board
 44  9 meets to consider the petition triggering the meeting, the
 44 10 board shall act upon the petitions in the order they were
 44 11 received at the meeting called to consider the initial
 44 12 petition.  The decision of the board may be appealed to the
 44 13 state board of education as provided in chapter 290.  The
 44 14 president shall notify the county commissioner of elections of
 44 15 the time of the election.
 44 16    Sec. 90.  Section 331.207, subsection 2, Code 2001, is
 44 17 amended to read as follows:
 44 18    2.  The petition shall be filed with the auditor county
 44 19 commissioner by January June 1 of a general election an odd-
 44 20 numbered year, subject to subsection 5.  The special election
 44 21 shall be held at least one hundred days before the primary
 44 22 election within sixty days after the day the petition was
 44 23 received.  Notice of the special election shall be published
 44 24 once each week for three successive weeks in an official
 44 25 newspaper of the county, shall state the representation plans
 44 26 to be submitted to the electors, and shall state the date of
 44 27 the special election which shall be held not less than five
 44 28 nor more than twenty days from the date of last publication.
 44 29    Sec. 91.  Section 331.207, Code 2001, is amended by adding
 44 30 the following new subsection:
 44 31    NEW SUBSECTION.  4A.  If the plan adopted by a plurality of
 44 32 the ballots cast in the special election represents a change
 44 33 from plan "one" to plan "two" or "three", or from plan "two"
 44 34 to plan "three", as each plan is defined in section 331.206,
 44 35 the temporary county redistricting commission shall divide the
 45  1 county into districts as provided in sections 331.209 and
 45  2 331.210.  The plan shall be completed not later than September
 45  3 15 following the special election and shall be submitted to
 45  4 the state commissioner of elections.  The plan shall become
 45  5 effective January 1.
 45  6    Sec. 92.  Section 331.651, subsection 1, unnumbered
 45  7 paragraph 1, Code 2001, is amended to read as follows:
 45  8    The office of sheriff is an elective office except that.
 45  9 However, if a vacancy occurs in the office, the first deputy
 45 10 shall assume the office after qualifying as provided in this
 45 11 section and.  The first deputy shall hold the office until a
 45 12 successor is appointed or elected to the unexpired term as
 45 13 provided in chapter 69.  If a sheriff is suspended from
 45 14 office, the district court may appoint a sheriff until a
 45 15 temporary appointment is made by the board as provided in
 45 16 section 66.19.
 45 17    Sec. 93.  Section 336.2, unnumbered paragraphs 3, 4, and 5,
 45 18 Code Supplement 2001, are amended to read as follows:
 45 19    The board of supervisors of each county and the city
 45 20 council of each city containing area within the proposed
 45 21 district shall submit the proposition question to the
 45 22 registered voters within their respective counties and cities
 45 23 at any the next general or primary election, provided said
 45 24 election occurs.  The petition shall be filed not less than
 45 25 forty eighty-two days after the filing of the petition before
 45 26 the election.
 45 27    A library district shall be established if a majority of
 45 28 the electors voting on the proposition question and residing
 45 29 in the proposed library district favor its establishment.
 45 30    The result of the election within cities maintaining a free
 45 31 public library shall be considered separately, and no city
 45 32 shall be included within the library district unless a
 45 33 majority of its electors voting on the proposition question
 45 34 favor its inclusion.  In such cases the boundaries of an
 45 35 established district may vary from those of the proposed
 46  1 district.
 46  2    Sec. 94.  Section 336.16, unnumbered paragraph 4, Code
 46  3 Supplement 2001, is amended to read as follows:
 46  4    A library district may be terminated if a majority of the
 46  5 electors of the unincorporated area of the county and the
 46  6 cities included in the library district voting on the issue
 46  7 favor the termination.  The election shall be held upon motion
 46  8 of the board of supervisors and simultaneously with a primary,
 46  9 general, or other county election.  If the vote favors
 46 10 termination, the termination shall be effective on the
 46 11 succeeding July 1.
 46 12    Sec. 95.  Section 336.18, subsection 2, Code Supplement
 46 13 2001, is amended to read as follows:
 46 14    2.  a.  Contracts shall provide for the amount to be
 46 15 contributed.  They may, by mutual consent of the contracting
 46 16 parties, be terminated at any time.  They may also be
 46 17 terminated by a majority of the voters represented by either
 46 18 of the contracting parties, voting on a proposition the
 46 19 question to terminate which shall be submitted by the
 46 20 governing body upon a written petition of eligible electors in
 46 21 a number not less than five percent of those who voted in the
 46 22 area for president of the United States or governor at the
 46 23 last general election.
 46 24    b.  The proposition question may be submitted at any
 46 25 election provided by law which covers the area of the unit
 46 26 seeking to terminate the contract.  The petition shall be
 46 27 presented to the governing body not less than forty ten days
 46 28 before the last day candidates may file nomination petitions
 46 29 for the election at which the question is to be submitted.
 46 30    Sec. 96.  Section 336.18, subsection 4, paragraphs a, b,
 46 31 and c, Code Supplement 2001, are amended to read as follows:
 46 32    a.  Eligible electors of that part of any county outside of
 46 33 cities in a number of not less than twenty-five percent of
 46 34 those in the area who voted for president of the United States
 46 35 or governor at the last general election may petition the
 47  1 board of supervisors to submit the proposition question of
 47  2 requiring the board to provide library service for them and
 47  3 their area by contract as provided by this section.
 47  4    b.  The board of supervisors shall submit the proposition
 47  5 question to the voters of the county residing outside of
 47  6 cities at the next general election, primary or general,
 47  7 provided that the petition has been.  The petition shall be
 47  8 filed not less than forty ten days prior to the date of before
 47  9 the last day candidates may file nomination petitions for the
 47 10 election at which the question is to be submitted.
 47 11    c.  If a majority of those voting upon the proposition
 47 12 question favors it, the board of supervisors shall within
 47 13 thirty days appoint a board of library trustees from residents
 47 14 of the petitioning area.  Vacancies shall be filled by the
 47 15 board.
 47 16    Sec. 97.  Section 346.27, subsection 10, Code 2001, is
 47 17 amended to read as follows:
 47 18    10.  After the incorporation of an authority, and before
 47 19 the sale of any issue of revenue bonds, except refunding
 47 20 bonds, the authority shall submit in a single countywide call
 47 21 an election to the registered voters of the city and county,
 47 22 at a general, primary, or special election called for that
 47 23 purpose, decide the question of whether an the authority shall
 47 24 issue and sell revenue bonds, stating.  The ballot shall state
 47 25 the amount, for any of the bonds and the purposes for which it
 47 26 the authority is incorporated.  Registered voters of the city
 47 27 and the unincorporated area of the county shall be entitled to
 47 28 vote on the question.  The question may be submitted at a
 47 29 general election or at a special election.  An affirmative
 47 30 vote of a majority of the votes cast on the proposition
 47 31 question is required to authorize the issuance and sale of
 47 32 revenue bonds.
 47 33    PARAGRAPH DIVIDED.  A In addition to the notice required by
 47 34 section 49.53, a notice of the election shall be published
 47 35 once each week for at least two weeks in some newspaper
 48  1 published in the county stating the date of the election, the
 48  2 hours the polls will be open, and a copy of the question.  The
 48  3 notice shall name the time when the question shall be
 48  4 submitted, and a copy of the question to be submitted shall be
 48  5 posted at each polling place during the day of election.  The
 48  6 authority shall call this election with the concurrence of
 48  7 both incorporating units, and it shall establish the voting
 48  8 precincts and polling places, and appoint the election judges,
 48  9 and in so doing such election procedures shall be.  The
 48 10 election shall be conducted by the commissioner in accordance
 48 11 with the provisions of chapters 49 and 50.
 48 12    Sec. 98.  Section 346.27, subsection 25, Code 2001, is
 48 13 amended to read as follows:
 48 14    25.  When all bonds issued by an authority have been
 48 15 retired, the authority may convey the title to the property
 48 16 owned by the authority to the incorporating units in
 48 17 accordance with the provisions therefor contained in the
 48 18 articles of incorporation, or, if none,.  If articles of
 48 19 incorporation do not exist, the conveyance may be made in
 48 20 accordance with any agreement adopted by the respective
 48 21 governing bodies of the incorporating units, and the
 48 22 authority.
 48 23    PARAGRAPH DIVIDED.  The proposition question of whether a
 48 24 conveyance shall be made shall be submitted to the legal
 48 25 registered voters of the city and the unincorporated area of
 48 26 the county, utilizing the election procedures provided for
 48 27 bond issues, and an.  An affirmative vote equal to at least a
 48 28 majority of the total votes cast on the proposition question
 48 29 shall be required to authorize the conveyance.  If the
 48 30 proposition question does not carry, the authority shall
 48 31 continue to operate, maintain, and manage the building under a
 48 32 lease arrangement with the incorporating units.
 48 33    Sec. 99.  Section 359.17, Code Supplement 2001, is amended
 48 34 to read as follows:
 48 35    359.17  TRUSTEES – DUTIES – MEETINGS.
 49  1    The board of township trustees in each township shall
 49  2 consist of three registered voters of the township.  However,
 49  3 in townships with a taxable valuation for property tax
 49  4 purposes of two hundred fifty million dollars or more, the
 49  5 board of township trustees shall consist of five registered
 49  6 voters of the township.  The trustees shall act as fence
 49  7 viewers and shall perform other duties assigned them by law.
 49  8 The board of trustees shall meet not less than two times a
 49  9 year.  At least one of the meetings shall be scheduled to meet
 49 10 the requirements of section 359.49.
 49 11    Sec. 100.  Section 372.9, subsection 2, Code 2001, is
 49 12 amended to read as follows:
 49 13    2.  When a charter is filed, the council and mayor shall
 49 14 notify the county commissioner of elections to publish notice
 49 15 containing the full text of the proposed home rule charter, a
 49 16 description of any other form of government being presented to
 49 17 the voters, and the date of the election, and to conduct the
 49 18 election.  The notice shall be published at least twice in the
 49 19 manner provided in section 362.3, except that the publications
 49 20 must occur within sixty days of the filing of the home rule
 49 21 charter, with a two-week interval between each publication.
 49 22 The council shall provide copies of a proposed charter for
 49 23 public distribution by the city clerk.
 49 24    Sec. 101.  Section 372.13, subsection 2, paragraph b, Code
 49 25 2001, is amended to read as follows:
 49 26    b.  By a special election held to fill the office for the
 49 27 remaining balance of the unexpired term.  If the council opts
 49 28 for a special election or a valid petition is filed under
 49 29 paragraph "a", the special election may be held concurrently
 49 30 with any pending election as provided by section 69.12 if by
 49 31 so doing the vacancy will be filled not more than ninety days
 49 32 after it occurs.  Otherwise, a special election to fill the
 49 33 office shall be called at the earliest practicable date.  If
 49 34 there are concurrent vacancies on the council and the
 49 35 remaining council members do not constitute a quorum of the
 50  1 full membership, a special election shall be called at the
 50  2 earliest practicable date.  The council shall give the county
 50  3 commissioner at least sixty days' written notice of the date
 50  4 chosen for the special election.  The council of a city where
 50  5 a primary election may be required shall give the county
 50  6 commissioner at least eighty-five days' written notice of the
 50  7 date chosen for the special election.  A special election held
 50  8 under this subsection is subject to sections 376.4 through
 50  9 376.11, but the dates for actions in relation to the special
 50 10 election shall be calculated with regard to the date for which
 50 11 the special election is called.
 50 12    Sec. 102.  Section 376.2, unnumbered paragraph 2, Code
 50 13 2001, is amended to read as follows:
 50 14    Except as otherwise provided by state law or the city
 50 15 charter, terms for elective offices are two years.  However,
 50 16 the term of an elective office may be changed to two or four
 50 17 years by petition and election.  Upon receipt of a valid
 50 18 petition as defined in section 362.4, requesting that the term
 50 19 of an elective office be changed, the council shall submit the
 50 20 question at a special city election to be held within sixty
 50 21 days after the petition is received.  The special election
 50 22 shall be held more than ninety days before the regular city
 50 23 election if the change shall go into effect at the next
 50 24 regular city election.  If a majority of the persons voting at
 50 25 the special election approves the changed term, it becomes
 50 26 effective at the beginning of the term following the next
 50 27 regular city election.  If a majority does not approve the
 50 28 changed term, the council shall not submit the same proposal
 50 29 to the voters within the next four years.
 50 30    Sec. 103.  Section 376.6, unnumbered paragraph 2, Code
 50 31 2001, is amended to read as follows:
 50 32    Each city clerk shall certify to the commissioner of
 50 33 elections responsible under section 47.2 for conducting
 50 34 elections for that city the type of nomination process to be
 50 35 used for the city no later than seventy-seven ninety days
 51  1 before the date of the regular city election.  If the city has
 51  2 by ordinance chosen a runoff election or has chosen to have
 51  3 nominations made in the manner provided by chapter 44 or 45,
 51  4 or has repealed nomination provisions under those sections in
 51  5 preference for the primary election method, a copy of the city
 51  6 ordinance shall be attached.  No changes in the method of
 51  7 nomination to be used in a city shall be made after the clerk
 51  8 has filed the certification with the commissioner, unless the
 51  9 change will not take effect until after the next regular city
 51 10 election.
 51 11    Sec. 104.  Section 394.2, unnumbered paragraph 1, Code
 51 12 2001, is amended to read as follows:
 51 13    It shall not be necessary to submit to the voters the
 51 14 proposition of issuing bonds for refunding purposes, but prior
 51 15 to the issuance of bonds for other purposes the council shall
 51 16 submit to the voters of the city at a general election or a
 51 17 regular municipal city election the proposition of issuing the
 51 18 bonds.  Notice of the election on the proposition of issuing
 51 19 bonds shall be published as required by section 49.53. The
 51 20 notice shall also state whether or not an admission fee is to
 51 21 be charged by the zoo or zoological gardens.
 51 22    Sec. 105.  Section 400.1, unnumbered paragraph 1, Code
 51 23 2001, is amended to read as follows:
 51 24    In cities having a population of eight thousand or over and
 51 25 having a paid fire department or a paid police department, the
 51 26 mayor, one year after a regular municipal city election, with
 51 27 the approval of the council, shall appoint three civil service
 51 28 commissioners who shall hold office, one until the first
 51 29 Monday in April of the second year, one until the first Monday
 51 30 in April of the third year, and one until the first Monday in
 51 31 April of the fourth year after such appointment, whose
 51 32 successors shall be appointed for a term of four years.  In
 51 33 cities having a population of more than one hundred thousand,
 51 34 the city council may establish, by ordinance, the number of
 51 35 civil service commissioners at not less than three.
 52  1    Sec. 106.  Section 400.3, unnumbered paragraph 2, Code
 52  2 2001, is amended to read as follows:
 52  3    Whenever If the city council appoints a commission, it the
 52  4 city council may, by ordinance, abolish it the commission, and
 52  5 the commission shall stand abolished sixty days from the date
 52  6 of the ordinance and the powers and duties of the commission
 52  7 shall revert to the city council except whenever a city having
 52  8 a population of less than eight thousand provides for the
 52  9 appointment of a civil service commission, it the city council
 52 10 may by ordinance abolish such office, but said the ordinance
 52 11 shall not take effect until it the ordinance has been
 52 12 submitted to the voters at a regular municipal city election
 52 13 and approved by a majority of the voters at such election.
 52 14 The ordinance shall be published once each week for two
 52 15 consecutive weeks preceding the date of said the election in a
 52 16 newspaper published in and having a general circulation in
 52 17 said the city.  In the event there is no If a newspaper is not
 52 18 published in such city, publication may be made in any
 52 19 newspaper having general circulation in the county.
 52 20    Sec. 107.  Section 422A.1, unnumbered paragraph 4, Code
 52 21 Supplement 2001, is amended to read as follows:
 52 22    A city or county shall impose a hotel and motel tax or
 52 23 increase the tax rate, only after an election at which a
 52 24 majority of those voting on the question favors imposition or
 52 25 increase.  However, a hotel and motel tax shall not be
 52 26 repealed or reduced in rate if obligations are outstanding
 52 27 which are payable as provided in section 422A.2, unless funds
 52 28 sufficient to pay the principal, interest, and premium, if
 52 29 any, on the outstanding obligations at and prior to maturity
 52 30 have been properly set aside and pledged for that purpose.
 52 31 The election shall be held at the time of that city's the
 52 32 regular city election or the county's general election or at
 52 33 the time of a special election.
 52 34    Sec. 108.  Section 422E.2, subsection 4, paragraph b,
 52 35 unnumbered paragraph 1, Code Supplement 2001, is amended by
 53  1 striking the unnumbered paragraph and inserting in lieu
 53  2 thereof the following:
 53  3    Within ten days of the election at which a majority of
 53  4 those voting on the question favors the imposition, repeal, or
 53  5 change in the rate of the tax, the county auditor shall give
 53  6 written notice of the result of the election by sending a copy
 53  7 of the abstract of the votes from the favorable election to
 53  8 the director of revenue and finance.  Election costs shall be
 53  9 apportioned among school districts within the county on a pro
 53 10 rata basis in proportion to the number of registered voters in
 53 11 each school district who reside within the county and the
 53 12 total number of registered voters within the county.
 53 13    Sec. 109.  Sections 52.30, 62.5, and 62.8, Code 2001, are
 53 14 repealed.
 53 15    Sec. 110.  EFFECTIVE AND APPLICABILITY DATES.  The sections
 53 16 of this Act amending Code section 43.14 and enacting Code
 53 17 sections 45.5 and 45.6, take effect January 1, 2003, and apply
 53 18 to elections held on or after that date.  
 53 19                           EXPLANATION 
 53 20    This bill makes a number of changes to the election laws of
 53 21 Iowa.
 53 22    Code section 39.2 is amended to prohibit holding other
 53 23 elections at the same time as a city primary or runoff
 53 24 elections.
 53 25    Code section 39.3 is amended to add new subsection 17,
 53 26 defining the terms "written" and "in writing" for purposes of
 53 27 election law.
 53 28    New Code section 39.5 authorizes the commissioner to
 53 29 conduct only elections that are required or allowed by state
 53 30 statute, thereby ruling out straw polls, public opinion polls,
 53 31 nonbinding referenda, and other unauthorized elections from
 53 32 being conducted as official elections.
 53 33    Code section 39.22 is amended to provide that, if a
 53 34 township contains a city, only residents of the township
 53 35 outside the city may be township officers.
 54  1    Code section 39.26 is amended to require all candidates for
 54  2 public office to be eligible electors at the time of election.
 54  3    Code section 39.27 is amended to require all elected
 54  4 officials, except members of the general assembly, United
 54  5 States senators, and United States representatives, to be
 54  6 eligible electors and residents of the jurisdiction they are
 54  7 elected to represent.
 54  8    Code sections 43.14 and 43.15 are amended to remove from
 54  9 the Code archaic and repetitive language currently required to
 54 10 appear on nomination petitions and provides that the state
 54 11 commissioner shall prescribe the form for the petition,
 54 12 listing the information that must be included.  Standards for
 54 13 evaluating nomination papers are also expanded to incorporate
 54 14 current practices in the state commissioner's office.  The
 54 15 amendment to Code section 43.14 takes effect upon enactment
 54 16 and applies to elections held on or after that date.
 54 17    Code section 43.24 is amended to change an incorrect
 54 18 reference from the municipal election to the city primary
 54 19 election as it relates to the deadline for filing objections
 54 20 to nomination petitions or certificates of nomination.
 54 21    Code sections 43.114, 394.2, 400.1, and 400.3 are amended
 54 22 to change "municipal election" or "regular municipal election"
 54 23 to "regular city election" to refer to the election held on
 54 24 the first Tuesday following the first Monday in November of
 54 25 each odd-numbered year.
 54 26    Code section 43.27 is amended to permit the county
 54 27 commissioner of elections to code ballots by color for the
 54 28 primary election.
 54 29    Code section 43.45 is amended to provide canvass procedures
 54 30 for each type of voting system in use in the state.
 54 31    Code section 43.48 is amended to add voting system
 54 32 printouts to the information required to be available to the
 54 33 public during the time period between the primary election and
 54 34 the county canvass of votes.
 54 35    Code sections 43.114 and 43.118 are amended to change
 55  1 "municipal primary election" to "city primary election".
 55  2    Code section 44.4 is amended to conform this section to
 55  3 other filing deadlines for the same election.
 55  4    Code sections 45.5 and 45.6 are amended to provide specific
 55  5 requirements for the form of nomination petitions and
 55  6 standards for their review and rejection.  Redundant language
 55  7 is removed from Code section 45.3.  These are similar to the
 55  8 requirements of Code chapter 43 for primary elections.  These
 55  9 changes take effect January 1, 2003, and apply to elections
 55 10 held on or after that date.
 55 11    Code section 48A.11 is amended to provide that a person who
 55 12 has power of attorney does not have authority to sign a voter
 55 13 registration form for a registrant unless the registrant is
 55 14 disabled and the form is signed at the request of the
 55 15 registrant and in the presence of the registrant.
 55 16    Code section 48A.27 is amended to provide that, in
 55 17 elections on annexations, if a city is divided into wards the
 55 18 detailed map required must show the ward designations for the
 55 19 annexed territory.
 55 20    Code sections 48A.27 and 48A.29 are amended to require that
 55 21 voters show a form of identification to prove identity, rather
 55 22 than to prove residence.
 55 23    Code section 48A.28 is amended to specify that the form and
 55 24 language of a voter registration confirmation notice shall be
 55 25 prescribed by rule.
 55 26    Code section 48A.30, pertaining to proof of death for
 55 27 purposes of canceling voter registration, is amended to
 55 28 correspond with a prior change in the law which made county
 55 29 recorders responsible for maintaining records of deaths in the
 55 30 county.
 55 31    Code section 48A.38 is amended to require the county
 55 32 commissioner of registration and the state registrar to remove
 55 33 a voter's social security number from voter registration lists
 55 34 requested by the public or by political parties.
 55 35    Code section 49.21 is amended to require the commissioner
 56  1 of elections to post a sign at the entrance to the polling
 56  2 place indicating the precinct name or number and displaying a
 56  3 street map showing the boundaries of the precinct.
 56  4    Code section 49.30 is amended to allow separate ballots for
 56  5 township offices in precincts using electronic voting systems.
 56  6    Code section 49.31 is amended to require that the position
 56  7 of names of candidates for nonpartisan offices on the general
 56  8 election ballot be drawn by lot.
 56  9    Code section 49.53 is amended to require that a published
 56 10 sample ballot cannot reduce upper case letters in candidates'
 56 11 names or in summaries of public measures to less than 90
 56 12 percent of such letters appearing on the actual ballot.
 56 13    Code section 49.57 is amended to remove the size
 56 14 specifications for the voting target on paper ballots.
 56 15    Code section 49.64 is amended to provide that, for general
 56 16 elections, the commissioner shall deliver to each precinct at
 56 17 least 55 ballots for every 50 ballots cast in the same general
 56 18 election held four years previous.
 56 19    Code section 49.70 is amended to change the title of the
 56 20 instructions posted in the polling places from "Card of
 56 21 Instructions" to "Instructions for Voters".
 56 22    Code section 49.73 is amended to permit the commissioner to
 56 23 shorten voting hours for cities under 3,500 population and for
 56 24 the unincorporated areas voting on local option sales tax
 56 25 elections.  The amendment to the section also provides that
 56 26 contiguous cities voting on a local option sales tax shall
 56 27 have the same hours.
 56 28    Code section 49.79 is amended to specify that a registered
 56 29 voter, rather than an elector, may challenge a voter as
 56 30 unqualified.
 56 31    Code section 49.81 changes the form of the notice issued to
 56 32 a challenged voter to provide for the fact that not all
 56 33 meetings of the special precinct board will convene at the
 56 34 same time.
 56 35    Code sections 49.84 and 49.88 are amended to provide that
 57  1 the requirement that the voter enter the voting booth alone
 57  2 does not prohibit the voter from taking minor children into
 57  3 the voting booth.
 57  4    Code section 49.96 is amended to provide that if a voter
 57  5 marks a straight party or organization ticket and also marks
 57  6 the voting targets next to the names of one or more candidates
 57  7 of the same party or organization, only the votes cast
 57  8 separately for individual candidates shall be counted.
 57  9    Code section 49.124 is amended to allow the county
 57 10 commissioner of elections to determine how long to conduct
 57 11 training courses for precinct officials and other persons who
 57 12 will be employed around polling places on election day.
 57 13 Currently, the county commissioner is limited to providing no
 57 14 more than two hours of training.
 57 15    Code section 50.11 is amended to provide for electronic
 57 16 transmission of election results from the precinct to the
 57 17 courthouse.  The amendment to the section also requires the
 57 18 state commissioner of elections to adopt rules and the board
 57 19 of examiners to approve the transmission devices.
 57 20    Code section 50.12 is amended to explicitly state that
 57 21 sealed ballot packages may not be opened except for a recount,
 57 22 election contest, or to destroy the ballots.
 57 23    Code section 50.49 is amended to provide a formula for
 57 24 recount bond calculations for public measure elections
 57 25 requiring 60 percent approval.
 57 26    Code section 50.50 is amended to add counting errors
 57 27 reported by the precinct election officials to the reasons for
 57 28 calling for an administrative recount.
 57 29    Code sections 52.1, 52.25, 52.26, 52.27, 52.28, 52.29,
 57 30 52.33, and 52.35 are amended to remove references to punch
 57 31 card voting.  Code section 52.30 is repealed for the same
 57 32 reason.  Code section 52.26 is also amended to provide that a
 57 33 punch card voting system shall not be approved for use in
 57 34 Iowa.
 57 35    Code section 52.37 is amended to allow two couriers to pick
 58  1 up ballots for central county precincts.  The two couriers
 58  2 must be of two different political parties.  That section is
 58  3 also amended to provide that, in nonpartisan elections,
 58  4 precinct election officials are not required to be members of
 58  5 any political party or of different political parties.
 58  6    New Code section 52.41 is enacted to provide that all
 58  7 devices for the electronic transmission of election results
 58  8 submitted for examination after July 1, 2003, be approved by
 58  9 the state commissioner with the advice of the board of
 58 10 examiners for voting machines and electronic voting systems.
 58 11    Code section 53.8 is amended to require the inclusion of
 58 12 secrecy envelopes with absentee ballots delivered to voters
 58 13 unless the ballot can be folded to conceal all of the voter's
 58 14 marks.
 58 15    New Code section 53.10 is enacted to separate those Code
 58 16 provisions providing for absentee voting in the county
 58 17 commissioner's office from the provisions for satellite
 58 18 absentee voting in Code section 53.11.  The new section
 58 19 prohibits electioneering within 30 feet of the courthouse
 58 20 during absentee voting.  This prohibition currently applies
 58 21 only to satellite absentee voting stations.  The bill makes
 58 22 corresponding amendments to Code section 53.11.
 58 23    Code section 53.18 is amended to make a complete reference
 58 24 to the absentee and special voters precinct board.
 58 25    Code section 53.19 is amended to remove the requirement
 58 26 that a voter who requested, but did not receive, an absentee
 58 27 ballot sign an affidavit to that effect before being allowed
 58 28 to cast a special ballot.
 58 29    Code section 53.30 is amended to provide that the absentee
 58 30 and special voters precinct board must seal the ballots after
 58 31 counting, and specifies that all envelopes and other documents
 58 32 must be preserved.
 58 33    Code section 53.38 is amended to permit the federal
 58 34 postcard registration and absentee ballot request form to be
 58 35 used as a voter registration form in Iowa.  Currently, members
 59  1 of the military and Iowa citizens who are overseas register to
 59  2 vote when they cast absentee ballots.  This would permit the
 59  3 commissioner to add these voters to the registration rolls
 59  4 before the election, if sufficient information was supplied on
 59  5 the federal postcard registration and absentee ballot request
 59  6 form.  Military and overseas voters may request ballots for
 59  7 all elections held in a calendar year.
 59  8    Code section 53.40 is amended to require the commissioner
 59  9 of the overseas voter's residence to forward a copy of a
 59 10 voter's request for an absentee ballot to any other
 59 11 commissioner who may conduct an election in which the person
 59 12 is qualified to vote.
 59 13    Code section 57.1 is amended to add to the list of grounds
 59 14 for contesting an election that the question or office was not
 59 15 authorized or required by law to be voted upon at the election
 59 16 in question.
 59 17    Code section 60.4 is amended to shorten from 10 days after
 59 18 the state canvass to two days after the state canvass the time
 59 19 in which a contestant has to file a statement of contest and
 59 20 serve notice of the contest on the apparent winner.
 59 21    Code section 60.5 is amended to reduce from three days to
 59 22 two days the time in which the clerk of court must fix a date
 59 23 for organization of the contest court.  Current Code section
 59 24 60.5 requires that the contest court render a judgment before
 59 25 notice of the contest is made and before the contest court is
 59 26 required to organize.
 59 27    Code sections 62.5 and 62.8, relating to the requirements
 59 28 for filing a statement to contest an election, are repealed
 59 29 and replaced with new Code section 62.5A.  The new section
 59 30 also provides that the deadline for contesting an election if
 59 31 a recount changes the result is 20 days after the winner of
 59 32 the recount is declared.
 59 33    Code section 63.8 is amended to provide that persons
 59 34 elected or appointed to fill vacancies, or who are holding
 59 35 over to fill vacancies, must qualify for the vacant office
 60  1 within 10 days of the county board's canvass of the election
 60  2 or within 10 days of appointment.
 60  3    Code section 69.2 is amended to provide a method for
 60  4 determining and declaring a vacancy in a local appointive or
 60  5 elective office.
 60  6    Code section 69.12 is amended to prohibit vacancies in
 60  7 office being filled at the primary election.  Other provisions
 60  8 of the Code specify that partisan offices are filled at the
 60  9 general election or at special elections.  The section is also
 60 10 amended to correct an internal reference in the Code relating
 60 11 to the candidate filing deadlines for city offices in cities
 60 12 with a primary election.
 60 13    Code section 69.14A is amended to prohibit filling a
 60 14 vacancy in a county office at a special election held between
 60 15 the primary and the general election if a nomination to fill
 60 16 that office was made at the primary election.
 60 17    Code section 275.12 is amended to require that the director
 60 18 district boundaries, if districts are drawn, of a newly formed
 60 19 or reorganized school district be drawn after the election
 60 20 making the changes.  Current law provides that citizen
 60 21 petitioners shall draw the director district boundaries.
 60 22    Code section 275.25 is amended to make the candidate
 60 23 nomination petition requirement of new school districts the
 60 24 same as for established school districts.
 60 25    Code sections 275.35 and 275.36 are amended to remove the
 60 26 question of approval of director district boundaries from the
 60 27 election or the question of whether a school district should
 60 28 change its method of electing directors.  The amendment
 60 29 requires director or district boundaries be drawn or redrawn
 60 30 after the election approving the change in boundaries.  The
 60 31 section is also amended to require approval of the new
 60 32 boundaries by the state commissioner.
 60 33    Code section 275.37 is amended, and Code section 275.37A is
 60 34 enacted, to provide a process for the transition from five
 60 35 school board members to seven and from seven school board
 61  1 members to five.
 61  2    Code section 275.55 is amended to allow the commissioner to
 61  3 include with the summary of the question on the ballot a map
 61  4 showing the new school district boundaries of school districts
 61  5 to which portions of a dissolved district are to be attached
 61  6 if approved at the election.
 61  7    New Code section 275.57 is enacted to provide a process for
 61  8 attachment of territory received by a school district when an
 61  9 adjacent school district dissolves.
 61 10    Code sections 277.23 and 278.1 are amended to make the
 61 11 provisions of Code section 275.37 relating to implementation
 61 12 of a change to increase the number of director districts
 61 13 applicable to all changes increasing the membership of school
 61 14 boards.
 61 15    Code section 277.23 is also amended to require that a
 61 16 school district with all of a city with population of 15,000
 61 17 or more located in the district must have seven directors on
 61 18 the board.  Current law requires seven directors if only a
 61 19 part of a city with population of 15,000 or more is located in
 61 20 the district.
 61 21    Code section 279.6 is amended to provide that the deadline
 61 22 for submission of a resignation if the office is to appear on
 61 23 the ballot at the next regular school election is not later
 61 24 than 45 days before the election.
 61 25    Code section 296.3 is amended to require that, within 10
 61 26 days after receiving a petition for a bond election, the
 61 27 president of the school board call a meeting of the board to
 61 28 set an election date.  The section is also amended to require
 61 29 that the meeting be held within 30 days of receipt of the
 61 30 petition.  If more than one petition is received, the board
 61 31 must consider them in the order they were received.
 61 32    Code section 331.207 is amended to revise the schedule for
 61 33 special elections to change the method of electing members of
 61 34 the county board of supervisors.  The amendment requires that
 61 35 the petition be filed by June 1, that the election be held
 62  1 within 60 days after filing of the petition, and that a plan
 62  2 be drawn by September 15.  Current law requires that all of
 62  3 these requirements be fulfilled between January and February.
 62  4    Code section 331.651 is amended to provide that, in the
 62  5 case of a vacancy in the office of county sheriff, the first
 62  6 deputy sheriff shall hold the office of sheriff until a
 62  7 successor is appointed or elected.  Current Code provides only
 62  8 that the deputy shall serve until another sheriff is
 62  9 appointed.
 62 10    Code sections 336.2, 336.16, and 336.18 are amended to move
 62 11 the filing deadline for petitions to establish or terminate a
 62 12 county library district from 40 days before the general
 62 13 election to 82 days before the general election.  The sections
 62 14 are also amended to strike the provision permitting the
 62 15 question to establish or terminate a county library district
 62 16 to be placed on the primary election ballot.
 62 17    Code section 346.27 is amended to strike the provision
 62 18 permitting the question of issuance of county bonds and
 62 19 conveyance of title to property to be placed on the primary
 62 20 election ballot.
 62 21    Code section 359.17 is amended to require that townships
 62 22 with a taxable valuation of $250 million or more be
 62 23 represented by five township trustees rather than three
 62 24 trustees.
 62 25    Code section 372.9 is amended to provide that the full text
 62 26 of a proposed home rule charter or alternative form of
 62 27 government proposal and the date of the election on the
 62 28 charter or alternative form must be included in the published
 62 29 notice of the election.
 62 30    Code section 372.13 is amended to require the city council
 62 31 of a city with a primary election to notify the county
 62 32 commissioner of elections of the date of a special election to
 62 33 fill a vacancy in a city office at least 85 days before the
 62 34 date chosen.
 62 35    Code section 376.2 is amended to require a special election
 63  1 to change the length of the terms of elected city officers be
 63  2 held more than 90 days before the regular city election if the
 63  3 changed terms are to be effective for offices filled at that
 63  4 election.
 63  5    Code section 376.6 is amended to change the deadline for
 63  6 city clerks to notify the county auditor of the type of
 63  7 nomination process to be used for city elections.  The
 63  8 amendment changes the deadline from 77 days before the
 63  9 election to 90 days before the election.
 63 10    Code section 422A.1 is amended to refer to the regular city
 63 11 election, rather than the city general election.
 63 12    Code section 422E.2 is amended to provide that election
 63 13 costs for a school infrastructure sales tax shall be
 63 14 apportioned among the school districts in the county in the
 63 15 ratio of the number of registered voters in each school
 63 16 district residing in the county to the total number of
 63 17 registered voters in the county.  
 63 18 LSB 5070DP 79
 63 19 sc/cls/14.2
     

Text: SSB03063                          Text: SSB03065
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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