Text: H08425 Text: H08427 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2269, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Sec. . Section 39.21, Code 2003, is amended by 1 6 adding the following new subsection: 1 7 NEW SUBSECTION. 4. Township trustees and township 1 8 clerks as provided in section 39.22, subsection 2." 1 9 #2. Page 1, by inserting before line 15 the 1 10 following: 1 11 "Sec. . Section 43.14, subsection 1, unnumbered 1 12 paragraph 1, Code 2003, is amended to read as follows: 1 13 Nomination papers shall include a petition and an 1 14 affidavit of candidacy. All nomination petitions 1 15 shall be eight and one-half by eleven inches in size 1 16 and in substantially the form prescribed by the state 1 17 commissioner of elections. The petition may contain 1 18 signatures on the front and back of a sheet of paper. 1 19 Each side shall be considered a separate page of the 1 20 petition for purposes of this section.TheyPetitions 1 21 shall include or provide spaces for the following 1 22 information: 1 23 Sec. . Section 45.5, subsection 1, unnumbered 1 24 paragraph 1, Code Supplement 2003, is amended to read 1 25 as follows: 1 26 Nomination papers shall include a petition and an 1 27 affidavit of candidacy. All nomination petitions 1 28 shall be eight and one-half by eleven inches in size 1 29 and shall be in substantially the form prescribed by 1 30 the state commissioner of elections. The petition may 1 31 contain signatures on the front and back of a sheet of 1 32 paper. Each side shall be considered a separate page 1 33 of the petition for purposes of this section.They1 34 Petitions shall provide spaces for the following 1 35 information: 1 36 Sec. . Section 46.21, unnumbered paragraph 1, 1 37 Code 2003, is amended to read as follows: 1 38 At least sixty-nine days before each judicial 1 39 election, the state commissioner of elections shall 1 40 certify to the county commissioner of elections of 1 41 each county a list of the judges of the supreme court, 1 42 court of appeals, and district court including 1 43 district associate judges, full-time associate 1 44 juvenile judges, and full-time associate probate 1 45 judges, and clerks of the district court to be voted 1 46 on in each county at that election. The county 1 47 commissioner of elections shall place the names upon 1 48 the ballot in the order in which they appear in the 1 49 certificate, unless only one county is voting thereon. 1 50 The state commissioner of elections shall rotate the 2 1 names in the certificate by county, or the county2 2commissioner of elections shall rotate them upon the2 3ballot by precinct if only one county is voting2 4thereon. The names of all judges and clerks to be 2 5 voted on shall be placed upon one ballot, which shall 2 6 be in substantially the following form:" 2 7 #3. Page 9, by inserting after line 12 the 2 8 following: 2 9 "Sec. . Section 49.14, subsection 1, Code 2003, 2 10 is amended to read as follows: 2 11 1. The commissioner may appoint substitute 2 12 precinct election officials as alternates for election 2 13 board members.A majority of the original election2 14board members shall be present at the precinct polling2 15place at all times;However, at partisan elections 2 16suchthe majority of election board members at the 2 17 precinct polling place shall include at least one 2 18 precinct election official from each political party. 2 19If the chairperson leaves the polling place, the2 20chairperson shall designate another member of the2 21board to serve as chairperson until the chairperson2 22returns.The responsibilities and duties of a 2 23 precinct election official, other than the 2 24 chairperson, present at the time the polling place was 2 25 opened on the day of an election may be assumed at any 2 26 later time that day by a substitute appointed as an 2 27 alternate. The substitute shall serve either for the 2 28 balance of that election day or for any shorter period 2 29 of time the commissioner may designate. 2 30 Sec. . Section 49.26, subsection 2, Code 2003, 2 31 is amended to read as follows: 2 32 2. When voting machines are available for an 2 33 election precinct, the commissioner shall determine in 2 34 advance of each election conducted for a city of three 2 35 thousand five hundred or less population or any school 2 36 district in which voting occurs in that precinct 2 37 whether voting there shall be by machine or paper 2 38 ballot.If the commissioner concludes, on the basis2 39of voter turnout for recent similar elections and2 40factors considered likely to affect voter turnout for2 41the forthcoming election, that voting will probably be2 42so light as to make preparation and use of paper2 43ballots less expensive than preparation and use of a2 44voting machine, paper ballots shall be used.2 45 Sec. . Section 49.30, subsection 1, Code 2003, 2 46 is amended to read as follows: 2 47 1. Where special paper ballots are used, if it is 2 48 not possible to include all offices and public 2 49 measures on a single ballot, separate ballots may be 2 50 provided fortownship offices,nonpartisan offices, 3 1 judges, or public measures. 3 2 Sec. . Section 49.30, subsection 2, paragraph 3 3 a, Code 2003, is amended to read as follows: 3 4 a. If it is impossible to place the names of all 3 5 candidates on the machine ballot, the commissioner may 3 6 provide a separate paper ballot for the candidates for 3 7 judge of the district court, the township offices,and 3 8 the nonpartisan offices listed in section 39.21. One 3 9 of the paper ballots shall be furnished to each 3 10 registered voter. 3 11 Sec. . Section 49.37, subsection 3, Code 2003, 3 12 is amended to read as follows: 3 13 3. The commissioner shall arrange the partisan 3 14 county offices on the ballot with the board of 3 15 supervisors first,followed by the other county 3 16 officesand township officesin the same sequence in 3 17 which they appear insectionssection 39.17and 39.22. 3 18 Nonpartisan offices shall be listed after partisan 3 19 offices. 3 20 Sec. . Section 49.73, subsection 1, paragraph 3 21 e, Code 2003, is amended to read as follows: 3 22 e. The unincorporated area of any county voting on 3 23 a hotel and motel tax pursuant to section 422A.1 or a 3 24 local option sales and services tax pursuant to 3 25 section 422B.1." 3 26 #4. Page 12, by inserting after line 10 the 3 27 following: 3 28 "Sec. . Section 50.9, Code 2003, is amended to 3 29 read as follows: 3 30 50.9 RETURN OF BALLOTS NOT VOTED. 3 31 Ballots not voted, or spoiled by voters while 3 32 attempting to vote, shall be returned by the precinct 3 33 election officials to the commissioner, and a receipt 3 34 taken for the ballots. The ballots shall be preserved 3 35 for twenty-two months following elections for federal 3 36 officesand for six months following elections for all3 37other offices. For all other elections, ballots not 3 38 voted, or spoiled by voters while attempting to vote, 3 39 may be destroyed the day after the last day to contest 3 40 the election, or the day after final determination of 3 41 any pending contest." 3 42 #5. Page 13, by inserting after line 8 the 3 43 following: 3 44 "Sec. . Section 50.25, subsection 7, Code 2003, 3 45 is amended by striking the subsection and inserting in 3 46 lieu thereof the following: 3 47 7. County offices." 3 48 #6. Page 13, by inserting after line 19 the 3 49 following: 3 50 "Sec. . Section 52.7, Code 2003, is amended to 4 1 read as follows: 4 2 52.7 CONSTRUCTION OF MACHINE APPROVED. 4 3 1. A voting machine approved by the state board of 4 4 examiners for voting machines and electronic voting 4 5 systems must be so constructed as to provide 4 6 facilities for voting for the candidates of at least 4 7 seven different parties or organizations, must permit 4 8 a voter to vote for any person for any office although 4 9 not nominated as a candidate by any party or 4 10 organization, and must permit voting in absolute 4 11 secrecy. 4 12 2. It must also be so constructed as to prevent 4 13 voting for more than one person for the same office, 4 14 except where the voter is lawfully entitled to vote 4 15 for more than one person for that office; and it must 4 16 afford the voter an opportunity to vote for any or all 4 17 persons for that office as the voter is by law 4 18 entitled to vote for and no more, at the same time 4 19 preventing the voter from voting for the same person 4 20 twice. 4 21 3. It may also be provided with one ballot in each 4 22 party column or row containing only the words 4 23 "presidential electors", preceded by the party name, 4 24 and a vote for such ballot shall operate as a vote for 4 25 all the candidates of such party for presidential 4 26 electors. 4 27 4. Such machine shall be so constructed as to 4 28 accurately account for every vote cast upon it. 4 29 5. A voting machine may be used at satellite 4 30 voting stations or at the commissioner's office for 4 31 voting of absentee ballots if the following apply: 4 32 a. The voting machine is a direct recording 4 33 electronic voting system. 4 34 b. The voting machine is equipped with the ability 4 35 to retrieve a ballot after the ballot has been voted. 4 36 c. The voting machine is so constructed to remove 4 37 identifying information from the ballot before the 4 38 ballot is tabulated. 4 39 Sec. . Section 52.36, Code 2003, is amended to 4 40 read as follows: 4 41 52.36 COMMISSIONER IN CHARGE OF COUNTING CENTER – 4 42 APPOINTMENT OF RESOLUTION BOARD. 4 43 All proceedings at the counting center shall be 4 44 under the direction of the commissioner and open to 4 45 the public. The proceedingsshallmay be under the 4 46 observation of at least one member of each of the 4 47 political parties referred to in section 49.13, if 4 48 members are designated by the county chairpersonor,4 49if the chairperson fails to make a designation, by the4 50commissioner. No person except those employed and 5 1 authorized by the commissioner for the purpose shall 5 2 touch any ballot or ballot container. 5 3 The commissioner shall appoint from the lists 5 4 provided by the county political party chairpersons a 5 5 resolution board to tabulate write-in votes and to 5 6 decide questions regarding damaged, defective, or 5 7 other ballots which cannot be tabulated by machine. 5 8 The commissioner shall appoint as many people to the 5 9 resolution board as the commissioner believes are 5 10 necessary. The resolution board shall be divided into 5 11 two-person teams. Each team shall consist of people 5 12 who are not members of the same political party. If a 5 13 team is unable to decide how to count one or more 5 14 ballots, a third person shall be available to consult 5 15 with the team and to resolve disputes. Ballots which 5 16 were objected to shall be endorsed and separated as 5 17 required by section 50.4." 5 18 #7. Page 13, line 28, by inserting after the word 5 19 "ballot." the following: "However, for those 5 20 elections in which the commissioner directs the polls 5 21 be opened at noon pursuant to section 49.73, a voter 5 22 may apply in person for an absentee ballot at the 5 23 commissioner's office from eight a.m. until eleven 5 24 a.m. on election day." 5 25 #8. Page 18, by inserting after line 4 the 5 26 following: 5 27 "Sec. . Section 376.11, unnumbered paragraphs 5 28 1, 3, 4, and 5, Code 2003, are amended to read as 5 29 follows: 5 30 Write-in votes are permitted to be cast in all 5 31 elections for city offices. A person who receives a 5 32 sufficient number of write-in votes to be elected to a 5 33 city office shall be declared the winner of the 5 34 election. If a person who was elected by write-in 5 35 votes chooses not to serve in that office the person 5 36 shall submit a resignation in writing to the city 5 37 clerk not later than fiveo'clockp.m. on the tenth 5 38 day following the canvass of the election. If a 5 39 person who was elected by write-in votes resigns at a 5 40 later time, the office shall be considered vacant at 5 41 the end of the term and the council shall fill the 5 42 vacancy pursuant to the provisions of section 372.13, 5 43 subsection 2. 5 44 In city primary elections any person who receives 5 45 write-in votes shall execute an affidavit in 5 46 substantially the form required by section 45.3, and 5 47 file it with the county commissioner of elections or 5 48 the city clerk not later than fiveo'clockp.m. on the 5 49 fourth dayafterfollowing the canvass of the primary 5 50 election. If any person who received write-in votes 6 1 fails to file the affidavit at the time required, the 6 2 county commissioner shall disregard the write-in votes 6 3 cast for that person. A notation shall be made on the 6 4 abstract of votes showing which persons who received 6 5 write-in votes filed affidavits. The total number of 6 6 votes cast for each office on the ballot shall be 6 7 amended by subtracting the write-in votes of those 6 8 candidates who failed to file the affidavit. It is 6 9 not necessary for a candidate whose name was printed 6 10 upon the ballot to file an affidavit. Of the 6 11 remaining candidates, those who receive the highest 6 12 number of votes to the extent of twice the number of 6 13 unfilled positions shall be placed on the ballot for 6 14 the regular city election as candidates for that 6 15 office. 6 16 In cities in which the city council has chosen a 6 17 runoff election in lieu of a primary, if a person who 6 18 was elected by write-in votes chooses not to accept 6 19 the office by filing a resignation notice with the 6 20 city clerk or commissioner of elections not later than 6 21 fiveo'clockp.m. on the fourth day following the 6 22 canvass, all remaining persons who received write-in 6 23 votes and who wish to be considered candidates for the 6 24 runoff election shall execute an affidavit in 6 25 substantially the form required by section 45.3 and 6 26 file it with the county commissioner or the city clerk 6 27 not later than fiveo'clockp.m. of the fourth day 6 28 following the canvass. If a person receiving write-in 6 29 votes fails to file the affidavit at the time 6 30 required, the county commissioner of elections shall 6 31 disregard the write-in votes cast for that person. 6 32 The abstract of votes shall be amended to show that 6 33 the person who was declared elected declined the 6 34 office and a notation shall be made next to the names 6 35 of those persons who did not file the affidavit. A 6 36 runoff election shall be held with the remaining 6 37 candidates who have the highest number of votes to the 6 38 extent of twice the number of unfilled positions. 6 39 In a city in which the council has chosen a runoff 6 40 election, if no person was declared elected for an 6 41 office all persons who received write-in votes shall 6 42 execute an affidavit in substantially the form 6 43 required by section 45.3 and file it with the county 6 44 commissioner of elections or the city clerk not later 6 45 than fiveo'clockp.m. on the fourth day following the 6 46 canvass of votes. If any person who received write-in 6 47 votes fails to file the affidavit the county 6 48 commissioner of elections shall disregard the write-in 6 49 votes cast for that person. The abstract of votes 6 50 shall be amended to note which of the write-in 7 1 candidates failed to file the affidavit. A runoff 7 2 election shall be held with the remaining candidates 7 3 who have the highest number of votes to the extent of 7 4 twice the number of unfilled positions." 7 5 #9. By renumbering as necessary. 7 6 7 7 7 8 7 9 MASCHER of Johnson 7 10 SF 2269.205 80 7 11 sc/sh
Text: H08425 Text: H08427 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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