Text: S03197                            Text: S03199
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Senate Amendment 3198

Amendment Text

PAG LIN
  1  1    Amend Senate File 332 as follows:
  1  2    #1.  Page 1, by inserting before line 1, the
  1  3 following:
  1  4    "Section 1.  NEW SECTION.  38E.1  SECURE AND
  1  5 VERIFIABLE IDENTIFICATION.
  1  6    1.  A public benefit or service of this state,
  1  7 including a law enforcement service, which requires
  1  8 the recipient of the public benefit or service to
  1  9 produce identification, shall not be provided by a
  1 10 department, agency, or any political subdivision of
  1 11 this state, or other entity within the executive,
  1 12 legislative, or judicial branch of this state, unless
  1 13 the identification is issued by a federal or state
  1 14 authority and is subject to verification by a federal
  1 15 law enforcement, intelligence, or homeland security
  1 16 agency.
  1 17    2.  An elected or appointed official, employee, or
  1 18 other contractor or agent of this state or of a
  1 19 political subdivision of this state who takes any
  1 20 action inconsistent with subsection 1 shall be deemed
  1 21 to be acting beyond the scope of authority granted by
  1 22 law and shall not be immune from liability for such
  1 23 action unless such immunity is conferred by the
  1 24 Constitution of the United States or the Constitution
  1 25 of the State of Iowa and cannot be waived.
  1 26    Sec.    .  Section 43.2, unnumbered paragraph 1,
  1 27 Code 2003, is amended to read as follows:
  1 28    The term "political party" shall mean means a party
  1 29 which, at the last preceding general election, cast
  1 30 for its candidate for president of the United States
  1 31 or for governor, as the case may be any statewide
  1 32 office, at least two percent of the total vote cast
  1 33 for all candidates for that office at that election
  1 34 or, in the alternative, which maintains registrations
  1 35 with that party in a number equal to or greater than
  1 36 one-half of one percent of the total number of voters
  1 37 who cast ballots in the last preceding general
  1 38 election.  It shall be the responsibility of the state
  1 39 commissioner to determine whether any organization
  1 40 claiming to be a political party qualifies as such
  1 41 under the foregoing definition.
  1 42    Sec.    .  NEW SECTION.  43.51A  PRIMARY RUNOFF
  1 43 ELECTIONS.
  1 44    1.  If there are two or more candidates for any
  1 45 nomination under section 43.52, subsection 1, or
  1 46 section 43.65, and no candidate receives thirty-five
  1 47 percent or more of the votes cast by voters of the
  1 48 candidate's party for the office sought, but the
  1 49 number of votes received by the candidate receiving
  1 50 the highest number of votes cast exceeds by ten
  2  1 percent or more of the total votes cast for the office
  2  2 the number of votes received by the candidate
  2  3 receiving the next highest number of votes cast, the
  2  4 candidate receiving the highest number of votes cast
  2  5 shall appear as the party's candidate for the office
  2  6 on the general election ballot.  If there are two or
  2  7 more candidates for any nomination and no candidate
  2  8 receives thirty-five percent or more of the votes cast
  2  9 by voters of the candidate's party for the office
  2 10 sought, and the number of votes received by the
  2 11 candidate receiving the highest number of votes cast
  2 12 does not exceed by ten percent or more of the total
  2 13 votes cast for the office the number of votes received
  2 14 by the candidate receiving the next highest number of
  2 15 votes cast, the primary is inconclusive and the
  2 16 nomination shall be determined in a runoff election.
  2 17 The candidates receiving the highest and next highest
  2 18 number of votes in the primary election are candidates
  2 19 in the runoff election.
  2 20    2.  If under section 43.66, two or more candidates
  2 21 receive at least one hundred votes, the nomination
  2 22 shall be determined in a runoff election.  The
  2 23 candidates receiving the highest and next highest
  2 24 number of votes in the primary election are candidates
  2 25 in the runoff election.
  2 26    3.  The runoff election shall be held five weeks
  2 27 after the date of the primary election and shall be
  2 28 conducted in the same manner as the primary election.
  2 29 The candidate receiving the highest number of votes
  2 30 for a nomination in the runoff election shall be the
  2 31 candidate of that party for that office in the general
  2 32 election."
  2 33    #2.  Page 1, line 4, by inserting before the word
  2 34 "The" the following:  "1."
  2 35    #3.  Page 1, line 10, by inserting after the word
  2 36 "ballot" the following:  ", except as otherwise
  2 37 provided in section 43.51A".
  2 38    #4.  Page 1, line 16, by inserting before the word
  2 39 "When" the following:  "2."
  2 40    #5.  Page 2, line 13, by inserting after the word
  2 41 "elections" the following:  "and primary runoff
  2 42 elections".
  2 43    #6.  Page 2, line 27, by inserting after the word
  2 44 "election" the following:  ", except as otherwise
  2 45 provided in section 43.51A".
  2 46    #7.  Page 3, by striking lines 28 through 32, and
  2 47 inserting the following:  "nomination, except as
  2 48 otherwise provided in section 43.51A.  If no candidate
  2 49 receives at least one hundred votes, the primary is
  2 50 inconclusive, and the necessary nominations shall be
  3  1 made in accordance with section 43.78, subsection 1.
  3  2    Sec.    . Section 43.77, subsection 2, Code 2003,
  3  3 is amended to read as follows:
  3  4    2.  The primary election was inconclusive as to
  3  5 that office because no candidate for the party's
  3  6 nomination for that office received the number of
  3  7 votes required by section 43.52, 43.53 or 43.65,
  3  8 whichever is applicable 43.66."
  3  9    #8.  Title page, by striking lines 1 through 3, and
  3 10 inserting the following:  "An Act relating to public
  3 11 benefits and public office, including identification
  3 12 requirements for receipt of public benefits and
  3 13 services, allowing greater third party ballot access
  3 14 by redefining political party, and requiring runoff
  3 15 elections for certain nominations to public office."
  3 16    #9.  By renumbering, redesignating, and correcting
  3 17 internal references as necessary.  
  3 18 
  3 19 
  3 20                               
  3 21 NEAL SCHUERER 
  3 22 JEFF LAMBERTI
  3 23 BRYAN J. SIEVERS
  3 24 MARY A. LUNDBY
  3 25 SF 332.701 80
  3 26 sc/cl
     

Text: S03197                            Text: S03199
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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