Text: HF00201 Text: HF00203 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 43.7, Code 2003, is amended to read as 1 3 follows: 1 4 43.7 TIME OF HOLDING. 1 5 The primary election by all political parties shall be held 1 6 at the usual voting places of the several precincts on the 1 7 first Tuesday after the first Monday inJuneSeptember in each 1 8 even-numbered year. 1 9 Sec. 2. Section 43.73, unnumbered paragraph 1, Code 2003, 1 10 is amended to read as follows: 1 11 Not less thansixty-nineforty days before the general 1 12 election the state commissioner shall certify to each 1 13 commissioner, under separate party headings, the name of each 1 14 person nominated as shown by the official canvass made by the 1 15 executive council, or as certified to the state commissioner 1 16 by the proper persons when any person has been nominated by a 1 17 convention or by a party committee, or by petition, the office 1 18 to which the person is nominated, and the order in which 1 19 federal and state offices, judges, constitutional amendments, 1 20 and state public measures shall appear on the official ballot. 1 21 Sec. 3. Section 43.76, Code 2003, is amended to read as 1 22 follows: 1 23 43.76 WITHDRAWAL OF NOMINATED CANDIDATES. 1 24 1. A candidate nominated in a primary election for any 1 25 office for which nomination papers are required to be filed 1 26 with the state commissioner may withdraw as a nominee for that 1 27 office on or before, but not later than, theeighty-ninth1 28 forty-second day before the date of the general election by so 1 29 notifying the state commissioner in writing. 1 30 2. A candidate nominated in a primary election for any 1 31 office for which nomination papers are required to be filed 1 32 with the commissioner may withdraw as a nominee for that 1 33 office on or before, but not later than, theseventy-fourth1 34 fifty-fifth day before the date of the general election by so 1 35 notifying the commissioner in writing. 2 1 Sec. 4. Section 43.77, subsections 3, 4, and 5, Code 2003, 2 2 are amended to read as follows: 2 3 3. The person nominated in the primary election as the 2 4 party's candidate for that office subsequently withdrew as 2 5 permitted by section 43.76, was found to lack the requisite 2 6 qualifications for the office, or died, at a time not later 2 7 than theeighty-ninthforty-second day before the date of the 2 8 general election in the case of an office for which nomination 2 9 papers must be filed with the state commissioner and not later 2 10 than theseventy-fourthfifty-fifth day before the date of the 2 11 general election in the case of an office for which nomination 2 12 papers must be filed with the county commissioner. 2 13 4. A vacancy has occurred in the office of senator in the 2 14 Congress of the United States, lieutenant governor, secretary 2 15 of state, auditor of state, treasurer of state, secretary of 2 16 agriculture, or attorney general, under the circumstances 2 17 described in section 69.13, less than eighty-nine days before 2 18 the primary election and not less thaneighty-nineforty-two 2 19 days before the general election. 2 20 5. A vacancy has occurred in the office of county 2 21 supervisor or in any of the offices listed in section 39.17 2 22 and the term of office has more than seventy days remaining 2 23 after the date of the next general election and one of the 2 24 following circumstances applies: 2 25 a. The vacancy occurred during the period beginning 2 26seventy-threefifty-five days before the primary election and 2 27 ending on the date of the primary election and no special 2 28 election was called to fill the vacancy. 2 29 b. The vacancy occurred after the date of the primary 2 30 election and more thanseventy-threefifty-five days before 2 31 the general election. 2 32 Sec. 5. Section 43.78, subsections 2 and 3, Code 2003, are 2 33 amended to read as follows: 2 34 2. The name of any candidate designated to fill a vacancy 2 35 on the general election ballot in accordance with subsection 3 1 1, paragraph "a", "b", or "c", shall be submitted in writing 3 2 to the state commissioner not later than fiveo'clockp.m. on 3 3 theeighty-firstforty-first day before the date of the 3 4 general election. 3 5 3. The name of any candidate designated to fill a vacancy 3 6 on the general election ballot in accordance with subsection 3 7 1, paragraph "d", "e", or "f", shall be submitted in writing 3 8 to the commissioner not later than fiveo'clockp.m. on the 3 9sixty-ninthfifty-fourth day before the date of the general 3 10 election. 3 11 Sec. 6. Section 43.79, Code 2003, is amended to read as 3 12 follows: 3 13 43.79 DEATH OF CANDIDATE AFTER TIME FOR WITHDRAWAL. 3 14 The death of a candidate nominated as provided by law for 3 15 any office to be filled at a general election, during the 3 16 period beginning on theeighty-eighththirty-fifth day before 3 17 the general election, in the case of any candidate whose 3 18 nomination papers were filed with the state commissioner, or 3 19 beginning on theseventy-thirdfortieth day before the general 3 20 election, in the case of any candidate whose nomination papers 3 21 were filed with the commissioner, and ending on the last day 3 22 before the general election shall not operate to remove the 3 23 deceased candidate's name from the general election ballot. 3 24 If the deceased candidate was seeking the office of senator or 3 25 representative in the Congress of the United States, governor, 3 26 attorney general, senator or representative in the general 3 27 assembly or county supervisor, section 49.58 shall control. 3 28 If the deceased candidate was seeking any other office, and as 3 29 a result of the candidate's death a vacancy is subsequently 3 30 found to exist, the vacancy shall be filled as provided by 3 31 chapter 69. 3 32 Sec. 7. Section 50.48, subsection 4, unnumbered paragraph 3 33 3, Code 2003, is amended to read as follows: 3 34 The ballots or voting machine documents shall be resealed 3 35 by the recount board before adjournment and shall be preserved 4 1 as required by section 50.12. At the conclusion of the 4 2 recount, the recount board shall make and file with the 4 3 commissioner a written report of its findings, which shall be 4 4 signed by at least two members of the recount board. The 4 5 recount board shall complete the recount and file its report 4 6 not later than theeighteenthtwenty-seventh day following the 4 7 county board's canvass of the election in question. 4 8 Sec. 8. Section 53.2, unnumbered paragraph 1, Code 2003, 4 9 is amended to read as follows: 4 10 Any registered voter, under the circumstances specified in 4 11 section 53.1, may on any day, except election day, and not 4 12 more thanseventyforty daysprior tobefore the date of the 4 13 general election and not more than seventy days before the 4 14 date of other elections, apply in person for an absentee 4 15 ballot at the commissioner's office or at any location 4 16 designated by the commissioner, or make written application to 4 17 the commissioner for an absentee ballot. The state 4 18 commissioner shall prescribe a form for absentee ballot 4 19 applications. However, if a registered voter submits an 4 20 application that includes all of the information required in 4 21 this section, the prescribed form is not required. Absentee 4 22 ballot applications may include instructions to send the 4 23 application directly to the county commissioner of elections. 4 24 However, no absentee ballot application shall be preaddressed 4 25 or printed with instructions to send the applications to 4 26 anyone other than the appropriate commissioner. 4 27 Sec. 9. Section 53.39, unnumbered paragraph 2, Code 2003, 4 28 is amended to read as follows: 4 29 All official ballots to be voted by qualified absent voters 4 30 in the armed forces of the United States at the primary 4 31 electionand the general electionshall be printed prior to 4 32 forty days before therespective electionselection and shall 4 33 be available for transmittal to such qualified voters in the 4 34 armed forces of the United States at least forty days before 4 35 therespective electionsprimary election. All official 5 1 ballots to be voted by qualified absent voters in the armed 5 2 forces of the United States at the general election shall be 5 3 printed prior to ten days before the election and shall be 5 4 available for transmittal to such qualified voters at least 5 5 ten days before the general election and shall be accepted 5 6 until thirty days after the election. The provisions of this 5 7 chapter apply to absent voting by qualified voters in the 5 8 armed forces of the United States except as modified by the 5 9 provisions of this division. 5 10 Sec. 10. Section 277.1, Code 2003, is amended to read as 5 11 follows: 5 12 277.1 REGULAR ELECTION. 5 13 The regular election shall be held annually on the second 5 14 Tuesday in September in each school district for the election 5 15 of officers of the district and merged area and for the 5 16 purpose of submitting to the voters any matter authorized by 5 17 law. However, if the regular election falls on the same day 5 18 as the primary election, the regular election shall be held 5 19 the following Tuesday. 5 20 DIVISION II 5 21 Sec. 11. Section 39.24, Code 2003, is amended to read as 5 22 follows: 5 23 39.24 SCHOOL OFFICERS. 5 24 Members of boards of directors of community and independent 5 25 school districts, and boards of directors of merged areas 5 26 shall be elected at the school election. Their terms of 5 27 office shall bethreefour years, except as otherwise provided 5 28 by section 260C.11, 260C.13,or275.23A, 275.37, or 275.37A. 5 29 Sec. 12. Section 260C.11, unnumbered paragraph 1, Code 5 30 2003, is amended to read as follows: 5 31 The governing board of a merged area is a board of 5 32 directors composed of one member elected from each director 5 33 district in the area by the electors of the respective 5 34 district. Members of the board shall be residents of the 5 35 district from which elected. Successors shall be chosen at 6 1 theannualregular school elections for members whose terms 6 2 expire. The term of a member of the board of directors is 6 3threefour years and commences at the organization meeting. 6 4 Vacancies on the board shall be filled at the next regular 6 5 meeting of the board by appointment by the remaining members 6 6 of the board. A member so chosen shall be a resident of the 6 7 district in which the vacancy occurred and shall serve until a 6 8 member is elected pursuant to section 69.12 to fill the 6 9 vacancy for the balance of the unexpired term. A vacancy is 6 10 defined in section 277.29. A member shall not serve on the 6 11 board of directors who is a member of a board of directors of 6 12 a local school district or a member of an area education 6 13 agency board. 6 14 Sec. 13. Section 260C.12, unnumbered paragraph 1, Code 6 15 2003, is amended to read as follows: 6 16 The board of directors of the merged area shall organize at 6 17 the first regular meeting inOctober of each yearDecember 6 18 following the regular school election. Organization of the 6 19 board shall be effected by the election of a president and 6 20 other officers from the board membership as board members 6 21 determine. The board of directors shall appoint a secretary 6 22 and a treasurer who shall each give bond as prescribed in 6 23 section 291.2 and who shall each receive the salary determined 6 24 by the board. The secretary and treasurer shall perform 6 25 duties under chapter 291 and additional duties the board of 6 26 directors deems necessary. However, the board may appoint one 6 27 person to serve as the secretary and treasurer. If one person 6 28 serves as the secretary and treasurer, only one bond is 6 29 necessary for that person. The frequency of meetings other 6 30 than organizational meetings shall be as determined by the 6 31 board of directors but the president or a majority of the 6 32 members may call a special meeting at any time. 6 33 Sec. 14. Section 260C.13, subsection 1, Code 2003, is 6 34 amended to read as follows: 6 35 1. The board of a merged area may change the number of 7 1 directors on the board and shall make corresponding changes in 7 2 the boundaries of director districts. Changes shall be 7 3 completed not later thanJune 1 for the regular school7 4election to be held the next followingSeptember 1 of the year 7 5 of the regular school election. As soon as possible after 7 6 adoption of the boundary changes, notice of changes in the 7 7 director district boundaries shall be submitted by the merged 7 8 area to the county commissioner of elections in all counties 7 9 included in whole or in part in the merged area. 7 10 Sec. 15. Section 260C.15, subsection 1, Code 2003, is 7 11 amended to read as follows: 7 12 1. Regular elections heldannuallyby the merged area for 7 13 the election of members of the board of directors as required 7 14 by section 260C.11, for the renewal of the twenty and one- 7 15 fourth cents per thousand dollars of assessed valuation levy 7 16 authorized in section 260C.22, or for any other matter 7 17 authorized by law and designated for election by the board of 7 18 directors of the merged area, shall be held on the date of the 7 19 school election as fixed by section 277.1. The election 7 20 notice shall be made a part of the local school election 7 21 notice published as provided in section 49.53 in each local 7 22 school district where voting is to occur in the merged area 7 23 election and the election shall be conducted by the county 7 24 commissioner of elections pursuant to chapters 39 to 53 and 7 25 section 277.20. 7 26 Sec. 16. Section 260C.22, subsection 1, paragraph a, Code 7 27 2003, is amended to read as follows: 7 28 a. In addition to the tax authorized under section 7 29 260C.17, the voters inanya merged area may at theannual7 30 regular school election vote a tax not exceeding twenty and 7 31 one-fourth cents per thousand dollars of assessed value in any 7 32 one year for a period not to exceed ten years for the purchase 7 33 of grounds, construction of buildings, payment of debts 7 34 contracted for the construction of buildings, purchase of 7 35 buildings and equipment for buildings, and the acquisition of 8 1 libraries, for the purpose of paying costs of utilities, and 8 2 for the purpose of maintaining, remodeling, improving, or 8 3 expanding the community college of the merged area. If the 8 4 tax levy is approved under this section, the costs of 8 5 utilities shall be paid from the proceeds of the levy. The 8 6 tax shall be collected by the county treasurers and remitted 8 7 to the treasurer of the merged area as provided in section 8 8 331.552, subsection 29. The proceeds of the tax shall be 8 9 deposited in a separate and distinct fund to be known as the 8 10 voted tax fund, to be paid out upon warrants drawn by the 8 11 president and secretary of the board of directors of the 8 12 merged area district for the payment of costs incurred in 8 13 providing the school facilities for which the tax was voted. 8 14 Sec. 17. Section 273.8, subsections 1, 5, and 6, Code 8 15 2003, are amended to read as follows: 8 16 1. BOARD OF DIRECTORS. The board of directors of an area 8 17 education agency shall consist of not less than five nor more 8 18 than nine members, each a resident of and elected in the 8 19 manner provided in this section from a director district that 8 20 is approximately equal in population to the other director 8 21 districts in the area education agency. Each director shall 8 22 serve athree-yearfour-year term which commences at the 8 23 organization meeting. 8 24 5. CHANGE IN DIRECTORS. The board of an area education 8 25 agency may change the number of directors on the board and 8 26 shall make corresponding changes in the boundaries of director 8 27 districts. Changes shall be completed not later thanJuly8 28 September 1 of a fiscal year for the director district 8 29 conventions to be held the followingSeptemberNovember. 8 30 6. BOUNDARY LINE CHANGES. To the extent possible the 8 31 board shall provide that changes in the boundary lines of 8 32 director districts of area education agencies shall not 8 33 lengthen or diminish the term of office of a director of an 8 34 area education agency board. Initial terms of office shall be 8 35 set by the board so that as nearly as possible the terms of 9 1one-thirdone-half of the members expireannuallybiennially. 9 2 Sec. 18. Section 273.8, subsection 2, unnumbered paragraph 9 3 2, Code 2003, is amended to read as follows: 9 4 The director district conventions shall be called and the 9 5 locations of the conventions shall be determined by the area 9 6 education agency administrator.AnnuallyBiennially the 9 7 director district conventions shall be held within two weeks 9 8 following the regular school election. Notice of the time, 9 9 date and place of a director district convention shall be 9 10 published by the area education agency administrator at least 9 11 forty-five days prior to the day of the district conventions 9 12 in at least one newspaper of general circulation in the 9 13 director district. The cost of publication shall be paid by 9 14 the area education agency. 9 15 Sec. 19. Section 273.8, subsection 3, unnumbered paragraph 9 16 1, Code 2003, is amended to read as follows: 9 17 The board of directors of each area education agency shall 9 18 meet and organize at the first regular meeting inOctober of9 19each yearDecember following the regular school election at a 9 20 suitable place designated by the president. Directors whose 9 21 terms commence at the organization meeting shall qualify by 9 22 taking the oath of office required by section 277.28 at or 9 23 before the organization meeting. 9 24 Sec. 20. Section 274.7, Code 2003, is amended to read as 9 25 follows: 9 26 274.7 DIRECTORS. 9 27 The affairs of each school corporation shall be conducted 9 28 by a board of directors, the members of which in all community 9 29 or independent school districts shall be chosen for a term of 9 30threefour years. 9 31 Sec. 21. Section 275.1, subsections 2 and 5, Code 2003, 9 32 are amended to read as follows: 9 33 2. "Initial board" means the board of a newly reorganized 9 34 district that is selected pursuant to section 275.25 or 275.41 9 35 and functions until the organizational meeting following the 10 1fourththird regular school election held after the effective 10 2 date of the reorganization. 10 3 5. "Regular board" means the board of a reorganized 10 4 district that begins to function at the organizational meeting 10 5 following thefourththird regular school election held after 10 6 the effective date of the school reorganization, and is 10 7 comprised of members who were elected to the current terms or 10 8 were appointed to replace members who were elected. 10 9 Sec. 22. Section 275.12, subsection 2, paragraphs b, c, d, 10 10 and e, Code 2003, are amended to read as follows: 10 11 b. Division of the entire school district into designated 10 12 geographical single director or multi-director subdistricts on 10 13 the basis of population for each director, to be known as 10 14 director districts, each of whichdirector districtsshall be 10 15 represented on the school board by one or more directors who 10 16 shall be residents of the director district but who shall be 10 17 elected by the vote of the electors of the entire school 10 18 district. The boundaries of the director districts and the 10 19 area and population included within each district shall be 10 20 such as justice, equity, and the interests of the people may 10 21 require. Changes in the boundaries of director districts 10 22 shall not be made during a period commencing sixty days prior 10 23 to the date of theannualregular school election.InsofarAs 10 24 far asmay bepracticable, the boundaries of the districts 10 25 shall follow established political or natural geographical 10 26 divisions. 10 27 c. Election of not more than one-half of the total number 10 28 of school directors at large from the entire district and the 10 29 remaining directors from and as residents of designated 10 30 single-member or multimember director districts into which the 10 31 entire school district shall be divided on the basis of 10 32 population for each director. In such case, all directors 10 33 shall be elected by the electors of the entire school 10 34 district. Changes in the boundaries of director districts 10 35 shall not be made during a period commencing sixty days prior 11 1 to the date of theannualregular school election. 11 2 d. Division of the entire school district into designated 11 3 geographical single director or multi-director subdistricts on 11 4 the basis of population for each director, to be known as 11 5 director districts, each of whichdirector districtsshall be 11 6 represented on the school board by one or more directors who 11 7 shall be residents of the director district and who shall be 11 8 elected by the voters of the director district. Place of 11 9 voting in the director districts shall be designated by the 11 10 commissioner of elections. Changes in the boundaries of 11 11 director districts shall not be made during a period 11 12 commencing sixty days prior to the date of theannualregular 11 13 school election. 11 14 e. In districts having seven directors, election of three 11 15 directors at large by the electors of the entire district,one11 16 no more than two at eachannualregular school election, and 11 17 election of the remaining directors as residents of and by the 11 18 electors of individual geographic subdistricts established on 11 19 the basis of population and identified as director districts, 11 20 no more than two at a regular school election. Boundaries of 11 21 the subdistricts shall follow precinct boundaries,insofaras 11 22 far as practicable, and shall not be changed less than sixty 11 23 days prior to theannualregular school election. 11 24 Sec. 23. Section 275.25, subsection 3, Code 2003, is 11 25 amended to read as follows: 11 26 3. The directors who are elected and qualify to serve 11 27 shall serve until their successors are elected and qualify. 11 28 At the special election, the three newly electeddirector11 29 directors receiving the most votes shall be elected to serve 11 30 untilthe director's successor qualifiestheir successors 11 31 qualify after thefourththird regular school election date 11 32 occurring after the effective date of the reorganization; and 11 33 the two newly elected directors receiving the next largest 11 34 number of votes shall be elected to serve until the directors' 11 35 successors qualify after thethirdsecond regular school 12 1 election date occurring after the effective date of the 12 2 reorganization; and the two newly elected directors receiving12 3the next largest number of votes shall be elected to serve12 4until the directors' successors qualify after the second12 5regular school election date occurring after the effective12 6date of the reorganization. However, in districts that 12 7 include all or a part of a city of fifteen thousand or more 12 8 population and in districts in which the proposition to 12 9 establish a new corporation provides for the election of seven 12 10 directors, thethree newly elected directors receiving the12 11most votes shall be elected to serve until the directors'12 12successors qualify after the fourth regular school election12 13date occurring after the effective date of the reorganization12 14 time lines specified in this subsection for the terms of 12 15 office apply to the four newly elected directors receiving the 12 16 most votes and then to the three newly elected directors 12 17 receiving the next largest number of votes. 12 18 Sec. 24. Section 275.37, Code 2003, is amended to read as 12 19 follows: 12 20 275.37 INCREASE IN NUMBER OF DIRECTORS. 12 21 At the next succeedingannualregular school election in a 12 22 district where the number of directors has been increased from 12 23 five to seven, and directors are elected at large, there shall 12 24 be elected a director to succeed each incumbent director whose 12 25 term is expiring in that year, and two additional directors. 12 26 Upon organizing as required by section 279.1, either one or 12 27 two of the newly electeddirectordirectors who received the 12 28 fewest votes in the election shall be assigned a term of 12 29either one year ortwo yearsifas necessary in order that as 12 30 nearly as possibleone-thirdone-half of the members of the 12 31 board shall be electedeach yearbiennially. If some or all 12 32 directors are elected from director districts, the board shall 12 33 assign terms appropriate for the method of election used by 12 34 the district. 12 35 Sec. 25. Section 275.37A, Code 2003, is amended to read as 13 1 follows: 13 2 275.37A DECREASE IN NUMBER OF DIRECTORS. 13 3 1. A change from seven to five directors shall be effected 13 4 in a district at the first regular school election after 13 5 authorization by the voters in the following manner: 13 6 a. If at the first election in the district there are 13 7threefour terms expiring,one directorthree directors shall 13 8 be elected. At the second election in that district, iftwo13 9 three terms are expiring, two directors shall be elected.At13 10the third election in that district, if there are two terms13 11expiring, two directors shall be elected.13 12 b. If at the first election there aretwothree terms 13 13 expiring,notwo directors shall be elected. At the second 13 14 election in that district, iftwofour terms are expiring, two 13 15 directors shall be elected.At the third election in that13 16district, if there are three terms expiring, three directors13 17shall be elected, two for three years and one for one year.13 18The newly elected director who received the fewest votes in13 19the election shall be assigned a term of one year.13 20c. If at the first election there are two terms expiring,13 21no directors shall be elected. At the second election in that13 22district, if three terms are expiring, three directors shall13 23be elected, two for three years and one for two years. The13 24newly elected director who received the fewest votes in the13 25election shall be assigned a term of two years. At the third13 26election in that district, if there are two terms expiring,13 27two directors shall be elected.13 28 2. If some or all of the directors are elected from 13 29 director districts, the board shall devise a plan to reduce 13 30 the number of members so that as nearly as possibleone-third13 31 one-half of the members of the board shall be electedeach13 32yearbiennially and so that each district will be continuously 13 33 represented. 13 34 Sec. 26. Section 275.38, Code 2003, is amended to read as 13 35 follows: 14 1 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION. 14 2 If change in the method of election of school directors is 14 3 approved at a regular or special school election, the 14 4 directors who were serving unexpired terms or were elected 14 5 concurrently with approval of the change of method shall serve 14 6 out the terms for which they were elected. If the plan 14 7 adopted is that described in section 275.12, subsection 2, 14 8 paragraph"b," "c," "d," or "e,""b", "c", "d", or "e", the 14 9 board shall at the earliest practicable time designate the 14 10 districts from which residents are to be elected as school 14 11 directors at each of the nextthreetwo succeedingannual14 12 regular school elections, arranging so far as possible for 14 13 elections of directors as residents of the respective 14 14 districts to coincide with the expiration of terms of 14 15 incumbent members residing in those districts. If an increase 14 16 in the size of the board from five to seven members is 14 17 approved concurrently with the change in method of election of 14 18 directors, the board shall make the necessary adjustment in 14 19 the manner prescribed in section 275.37, as well as providing 14 20 for implementation of the districting plan under this section. 14 21 Sec. 27. Section 275.41, subsection 3, Code 2003, is 14 22 amended to read as follows: 14 23 3. Prior to the effective date of the reorganization, the 14 24 initial board shall approve a plan that commences at the 14 25secondfirst regular school election held after the effective 14 26 date of the merger and is completed at thefourththird 14 27 regular school election held after the effective date of the 14 28 merger, to replace the initial board with the regular board. 14 29 If the petition specifies a number of directors on the regular 14 30 board to be different from the number of directors on the 14 31 initial board, the plan shall provide that the number 14 32 specified in the petition for the regular board is in place by 14 33 the time the regular board is formed. The plan shall provide 14 34 that as nearly as possibleone-thirdone-half of the members 14 35 of the board shall be electedeach yearbiennially, and if a 15 1 special election was held to elect a member to create an odd 15 2 number of members on the board, the term of that member shall 15 3 end at the organizational meeting following thefourththird 15 4 regular school election held after the effective date. 15 5 Sec. 28. Section 277.1, Code 2003, is amended to read as 15 6 follows: 15 7 277.1 REGULAR ELECTION. 15 8 The regular election shall be heldannuallybiennially on 15 9 thesecondfirst Tuesday after the first Monday inSeptember15 10 November of each odd-numbered year in each school district for 15 11 the election of officers of the district and merged area and 15 12 for the purpose of submitting to the voters any matter 15 13 authorized by law. 15 14 Sec. 29. Section 277.2, Code 2003, is amended to read as 15 15 follows: 15 16 277.2 SPECIAL ELECTION. 15 17 The board of directors in a school corporation may call a 15 18 special election at which the voters shall have the powers 15 19 exercised at the regular election with reference to the sale 15 20 of school property and the application to be made of the 15 21 proceeds, the authorization to change the method of election 15 22 of school directors to any method authorized by section 15 23 275.12, the authorization of seven members on the board of 15 24 directors, the authorization to establish or change the 15 25 boundaries of director districts, and the authorization of a 15 26 voter-approved physical plant and equipment levy or 15 27 indebtedness, as provided by law. 15 28 Sec. 30. Section 277.20, unnumbered paragraph 1, Code 15 29 2003, is amended to read as follows: 15 30 On the nextFridayMonday after the regular school 15 31 election, the county board of supervisors shall canvass the 15 32 returns made to the county commissioner of elections from the 15 33 several precinct polling places and the absentee ballot 15 34 counting board, ascertain the result of the voting with regard 15 35 to every matter voted upon and cause a record to be made 16 1 thereof as required by section 50.24. Special elections held 16 2 in school districts shall be canvassed at the time and in the 16 3 manner required by that section. The board shall declare the 16 4 results of the voting for members of boards of directors of 16 5 school corporations nominated pursuant to section 277.4, and 16 6 the commissioner shall at once issue a certificate of election 16 7 to each person declared elected. The board shall also declare 16 8 the results of the voting on any public question submitted to 16 9 the voters of a single school district, and the commissioner 16 10 shall certify the result as required by section 50.27. 16 11 Sec. 31. Section 277.25, Code 2003, is amended to read as 16 12 follows: 16 13 277.25 DIRECTORS IN NEW DISTRICTS. 16 14 At the first election in newly organized districts the 16 15 directors shall be elected as follows: 16 16 1. In districts having three directors,one directortwo 16 17 directors shall be elected forone year, one fortwo years, 16 18 and one forthreefour years. 16 19 2. In districts having five directors,twothree shall be 16 20 elected forone year, two fortwo years, andonetwo forthree16 21 four years. 16 22 3. In districts having seven directors,twofour shall be 16 23 elected forone year, two fortwo years, and three forthree16 24 four years. 16 25 Sec. 32. Section 278.2, unnumbered paragraph 2, Code 2003, 16 26 is amended to read as follows: 16 27 Petitions filed under this section shall be filed with the 16 28 secretary of the school board at least seventy-five days 16 29 before the date of theannualregular school election, if the 16 30 question is to be included on the ballot at that election. 16 31 The petition shall include the signatures of the petitioners, 16 32 a statement of their place of residence, and the date on which 16 33 they signed the petition. 16 34 Sec. 33. TRANSITION PROVISIONS. In order to accomplish 16 35 the transition from election of directors of community and 17 1 independent school districts, merged areas, and area education 17 2 agencies, annually for terms of three years each to the 17 3 election of such directors biennially for terms of four years 17 4 each, the following adjustments in terms and times of election 17 5 shall be made, notwithstanding other provisions of law: 17 6 1. The term of office for each director of a community or 17 7 independent school district, merged area, or area education 17 8 agency board whose term expires in the year 2003 or 2004 shall 17 9 expire at noon on January 2, 2004, and successors to these 17 10 positions shall be elected at the regular election in 2003, or 17 11 in the case of an area education agency, at the director 17 12 district convention in 2003. 17 13 2. In community, independent, and consolidated school 17 14 districts, merged areas, and area education agencies having 17 15 five-member boards of directors, the persons elected as 17 16 directors in 2002 who received the greatest and the next 17 17 greatest number of votes in that election shall serve terms of 17 18 three years each, and the other persons so elected shall serve 17 19 terms of one year each. 17 20 3. In community, independent, and consolidated school 17 21 districts, merged areas, and area education agencies having 17 22 seven-member boards of directors, the persons elected as 17 23 directors in 2002 who received the greatest, the next 17 24 greatest, and the third greatest number of votes shall serve 17 25 terms of three years each, and the other persons so elected 17 26 shall serve terms of one year each. 17 27 4. In merged areas and area education agencies having more 17 28 than seven members, the persons elected as directors in 2002 17 29 who received the greatest, the next greatest, the third 17 30 greatest, and the fourth greatest number of votes shall serve 17 31 terms of three years each, and the other persons so elected 17 32 shall serve terms of one year each. 17 33 Sec. 34. EFFECTIVE AND APPLICABILITY DATES. 17 34 1. Division I of this Act applies to primary elections 17 35 held after the effective date of this Act. 18 1 2. Division II of this Act takes effect on July 1, 2003, 18 2 for purposes of holding the regular school election in 18 3 November 2003. 18 4 EXPLANATION 18 5 This bill makes changes to the election laws relating to 18 6 the date of primary elections and the date of school 18 7 elections. The bill provides that the date of the primary 18 8 election by all political parties shall be held on the first 18 9 Tuesday after the first Monday in September, rather than June, 18 10 in each even-numbered year. If the primary election falls on 18 11 the same day as a regular school board election, the regular 18 12 school election shall be held the following Tuesday. The 18 13 dates for other deadlines related to the date of the primary 18 14 election are accordingly changed. Additional corresponding 18 15 changes to the Code may be required. 18 16 This portion of the bill applies to primary elections held 18 17 after July 1, 2003. 18 18 The bill provides for the consolidation of election of the 18 19 directors of local school districts, area education agencies, 18 20 and merged areas on the municipal general election day in 18 21 November in odd-numbered years. In order to accomplish these 18 22 purposes, the bill changes the terms of these directors from 18 23 three to four years and provides for a transition period. 18 24 This portion of the bill takes effect on July 1, 2003. 18 25 LSB 1609HH 80 18 26 sc/sh/8
Text: HF00201 Text: HF00203 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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