1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

ELECTIONS, ETHICS AND CAMPAIGN FINANCE

ELECTIONS, ETHICS AND CAMPAIGN FINANCE LEGISLATION

SENATE FILE 2038 - Mental Incompetency -- Voting (full text of act)

BY DELUHERY. This Act amends the statutory definition of "person who is mentally incompetent to vote" to mean a person who has been found by a court to lack the mental capacity to vote in either a legal proceeding for involuntary commitment of a mentally retarded person or in any guardianship proceeding. The Act also requires that a separate finding on a person's competency to vote be made when issuing an order in either of the two proceedings. A person who is mentally incompetent to vote is disqualified from voting or registering to vote.

Finally, the Act requires that the clerk of the district court monthly notify the county commissioner of elections of persons who during the preceding calendar month have been legally declared to be mentally incompetent to vote.

SENATE FILE 2153 - Information Required in Affidavits of Candidacy for Public Office (full text of act)

BY MADDOX. This Act changes the language of the Code section titled "Affidavit of Candidacy" to refer to restoration of a candidate's rights after conviction of a felony rather than to a pardon. The Act applies to affidavits of candidacy filed by candidates for all partisan offices, city councils, school boards of directors, soil and water conservation district commissioners, and, by reference, to the following nonpartisan officers: community mental health center boards of trustees, regional library boards of trustees, and county hospital and merged hospital boards of trustees. Restoration of rights of citizenship granted by the Governor or by the President of the United States includes restoration of the right to register to vote and to vote.

SENATE JOINT RESOLUTION 9 - Proposed Constitutional Amendment -- Qualifications of Electors (full text of act)

BY HALVORSON. This Joint Resolution proposes an amendment to the Constitution of the State of Iowa providing that conviction of any felony, rather than of any infamous crime, disqualifies the convicted offender from voting or holding elective offices. The Joint Resolution also removes the words "idiot" and "insane" from the constitutional provision and substitutes "mentally competent."

The Joint Resolution will be referred to the next General Assembly before being submitted to the electorate for ratification.

HOUSE FILE 2495 - Elections (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act makes a number of changes relating to the election laws of Iowa.

Code Section 39.2 is amended to provide that a special election cannot be held on the first, second or third Tuesday preceding and following the primary and general elections. Under previous law, special elections could not be held on the first and second Tuesdays preceding and following the primary and general elections.

The Act repeals Code Section 39.5, which prohibits a local government from holding an election not authorized by state law, but which specifically does not prohibit all local elections called pursuant to ordinance. Presently, the Code otherwise specifies those instances when a local government is authorized or required to hold an election on a matter within the jurisdiction of the local government. This repeal takes effect April 17, 1998.

Code Sections 44.4 and 44.9 are amended to provide that objections to candidate nominations and withdrawals of candidacy must be filed at least 63 days before a regular or special city election if the city is one that may be required to hold a primary election.

Code Section 49.12 is amended to allow election boards to be comprised of three or five precinct election officials. The section is also amended to remove the requirement that a fourth precinct election official be appointed to the election board in those precincts using paper ballots and which have a three-member election board.

Code Section 49.53 is amended to require that the notice of election also contain a notice of the date and time the commissioner will be testing voting machines, voting equipment and tabulating devices.

Code Sections 49.77 and 53.19 are amended to require that a voter who was sent an absentee ballot, but who swears by affidavit that the absentee ballot was not received, shall be permitted to cast a challenged ballot.

Code Sections 52.9, 52.35 and 52.38 are amended to require that the county commissioner of elections notify a representative from each political party to attend and witness the testing of the voting machines, voting equipment and tabulating devices by the commissioner for partisan elections only. Previously, the commissioner had been required to notify the representatives of the political parties of voting machine and equipment testing for any election to be held. The Act also requires the State Commissioner of Elections to promulgate rules establishing procedures for handling test ballots submitted by observers.

Code Section 275.18 is amended to require that in an election for reorganization of a school district, a map of the reorganized district shall be provided by the area education agency for posting at the precinct polling place if the commissioner approves it as suitable for posting.

Code Section 357B.2 is amended to change the method of selection of trustees of a benefited fire district from election by the voters of the fire district to appointment by the county board of supervisors.

Code Section 357G.9 is amended to change the method of selection of trustees of an emergency medical services district from election by the voters of the district to appointment by the city council. This section of the Act takes effect April 17, 1998.

Code Section 364.2 is amended to require that a public hearing on a city franchise be held before adoption of an ordinance granting, amending, extending, or renewing a franchise.

Code Section 368.19 is amended to require that in elections for incorporation, discontinuance, annexation, severance, or consolidation of territory, the city supply the county commissioner of elections with a map of the territory involved for posting at the precinct polling place if the commissioner approves it as suitable for posting.

RELATED LEGISLATION

HOUSE FILE 2498 -- Appropriations -- Administration and Regulation (Complete summary under APPROPRIATIONS.)

This Act includes statutory provisions transferring voter registration responsibilities to the State Commissioner of Elections.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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