H-8199

   Amend House File 2366, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, before line 1 by inserting: 

<DIVISION I
ELECTIONS AND VOTER REGISTRATION
   Section 1.  Section 44.4, subsection 1, Code 2014, is amended to read as follows:
   1.  Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the state commissioner shall be filed in that office not more than ninety-nine days nor later than 5:00 p.m. on the eighty-first day before the date of the general election to be held in November. Nominations made for a special election called pursuant to section 69.14 shall be filed by 5:00 p.m. not less than twenty-five days before the date of an election called upon at least forty days’ notice and not less than fourteen days before the date of an election called upon at least eighteen days’ notice. Nominations made for a special election called pursuant to section 69.14A shall be filed by 5:00 p.m. not less than twenty-five days before the date of the election. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the commissioner shall be filed in that office not more than ninety-two days nor later than 5:00 p.m. on the sixty-ninth day before the date of the general election. Nominations made pursuant to this chapter or chapter 45 for city office shall be filed not more than seventy-two days nor later than 5:00 p.m. on the forty-seventh day before the city election with the city clerk county commissioner of elections responsible under section 47.2 for conducting elections held for the city, who shall process them as provided by law.
   Sec. ___.  Section 44.4, subsection 2, paragraph a, subparagraphs (2) and (3), Code 2014, are amended to read as follows:
   (2)  Those filed with the commissioner, not less than sixty-four days before the date of the election, except as provided in subparagraph (3).
   (3)  Those filed with the city clerk commissioner for an elective city office, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before the regularly scheduled or special city election.
   Sec. ___.  Section 44.7, Code 2014, is amended to read as follows:
   44.7  Hearing before commissioner.

   Objections Except as otherwise provided in section 44.8, objections filed with the commissioner shall be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder.
   Sec. ___.  Section 44.8, Code 2014, is amended to read as follows:
   44.8  Hearing before mayor.
   1.  Objections filed with the city clerk pursuant to section 362.4 or with the commissioner for an elective city office shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of either of those city officials, that official shall not pass upon said the objection, but the official’s place shall be filled by a member of the council against whom no such objection exists, chosen as above provided.
   2.  The hearing shall be held within twenty-four hours of the receipt of the objection if a primary election must be held for the office sought by the candidate against whom the objection has been filed.
   Sec. ___.  Section 44.9, subsections 2 and 6, Code 2014, are amended to read as follows:
   2.  In the office of the proper commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsection 6.
   6.  In the office of the proper city clerk commissioner, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before a regularly scheduled or special city election.
   Sec. ___.  Section 44.11, Code 2014, is amended to read as follows:
   44.11  Vacancies filled.

   If a candidate named under this chapter withdraws before the deadline established in section 44.9, declines a nomination, or dies before election day, or if a certificate of nomination is held insufficient or inoperative by the officer with whom it is required to be filed, or in case any objection made to a certificate of nomination, or to the eligibility of any candidate named in the certificate, is sustained by the board appointed to determine such questions, the vacancy or vacancies may be filled by the convention, or caucus, or in such manner as such convention or caucus has previously provided. The vacancy or vacancies shall be filled not less than seventy-four days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-four days before the election in the case of nominations required to be filed with the commissioner, not less than thirty-five days before the election in the case of nominations required to be filed in the office of the school board secretary, and not less than forty-two days before the election in the case of nominations required to be filed with the city clerk commissioner for city elections.>
   2.  Page 1, line 33, after <election.> by inserting <If the council fails to make an appointment within sixty days as required by this subsection, the city clerk shall give notice of the vacancy to the county commissioner and the county commissioner shall call a special election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days after the notice is received by the county commissioner.>
   3.  Page 3, after line 7 by inserting: 
   <Sec. ___.  Section 376.4, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  An eligible elector of a city may become a candidate for an elective city office by filing with the city clerk county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office. The petition must be filed not more than seventy-one days and not less than forty-seven days before the date of the election, and must be signed by eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons. However, for those cities which may be required to hold a primary election, the petition must be filed not more than eighty-five days and not less than sixty-eight days before the date of the regular city election. Nomination petitions shall be filed not later than 5:00 p.m. on the last day for filing.
   Sec. ___.  Section 376.4, subsections 3, 4, and 5, Code 2014, are amended to read as follows:
   3.  If the city clerk is not readily available during normal office hours, the city clerk shall designate other employees or officials of the city who are ordinarily available to accept nomination papers under this section. On the final date for filing nomination papers the office of the city clerk county commissioner shall remain open until 5:00 p.m.
   4.  The city clerk county commissioner shall review each petition and affidavit of candidacy for completeness following the standards in section 45.5 and shall accept the petition for filing if on its face it appears to have the requisite number of signatures and if it is timely filed. The city clerk county commissioner shall note upon each petition and affidavit accepted for filing the date and time that they were filed. The clerk county commissioner shall return any rejected nomination papers to the person on whose behalf the nomination papers were filed.
   5.  Nomination papers filed with the city clerk county commissioner shall be available for public inspection.
   5A.  The city clerk shall deliver all nomination papers together with the text of any public measure being submitted by the city council to the electorate to the county commissioner of elections on the day following no later than the last day on which nomination petitions can be filed, and not later than 5:00 p.m. on that day.
   Sec. ___.  Section 376.11, subsections 3, 4, and 5, Code 2014, are amended to read as follows:
   3.  In city primary elections any person who receives write-in votes shall execute an affidavit in substantially the form required by section 45.3, and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day after the canvass of the primary election. If any person who received write-in votes fails to file the affidavit at the time required, the county commissioner shall disregard the write-in votes cast for that person. A notation shall be made on the abstract of votes showing which persons who received write-in votes filed affidavits. The total number of votes cast for each office on the ballot shall be amended by subtracting the write-in votes of those candidates who failed to file the affidavit. It is not necessary for a candidate whose name was printed upon the ballot to file an affidavit. Of the remaining candidates, those who receive the highest number of votes to the extent of twice the number of unfilled positions shall be placed on the ballot for the regular city election as candidates for that office.
   4.  In cities in which the city council has chosen a runoff election in lieu of a primary, if a person who was elected by write-in votes chooses not to accept the office by filing a resignation notice with the city clerk or commissioner of elections not later than 5:00 p.m. on the day following the canvass, all remaining persons who received write-in votes and who wish to be considered candidates for the runoff election shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner or the city clerk not later than 5:00 p.m. of the fourth day following the canvass. If a person receiving write-in votes fails to file the affidavit at the time required, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to show that the person who was declared elected declined the office and a notation shall be made next to the names of those persons who did not file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.
   5.  In a city in which the council has chosen a runoff election, if no person was declared elected for an office, all persons who received write-in votes shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day following the canvass of votes. If any person who received write-in votes fails to file the affidavit, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to note which of the write-in candidates failed to file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.

DIVISION ___
MISCELLANEOUS PROVISIONS
   Sec. ___.  Section 48A.9, subsection 1, Code 2014, is amended to read as follows:
   1.  Registration closes at 5:00 p.m. eleven days before each election except primary and general elections. For primary and general elections, registration closes at 5:00 p.m. ten days before the election. An eligible elector may register during the time registration is closed in the elector’s precinct but the registration shall not become effective until registration opens again in the elector’s precinct, except as otherwise provided in section 48A.7A.
   Sec. ___.  Section 48A.26, subsection 3, Code 2014, is amended to read as follows:
   3.  If the registration form is missing required information pursuant to section 48A.11, subsection 8, the acknowledgment shall advise the applicant what additional information is required. The commissioner shall enclose a new registration form for the applicant to use. If the registration form has no address, the commissioner shall make a reasonable effort to determine where the acknowledgment should be sent. If the incomplete registration form is received during the period in which registration is closed pursuant to section 48A.9 but by 5:00 p.m. on the Saturday before the election for general and primary elections or by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall send a notice advising the applicant of election day and in-person absentee registration procedures under section 48A.7A.
   Sec. ___.  Section 50.20, Code 2014, is amended to read as follows:
   50.20  Notice of number of provisional ballots.

   The commissioner shall compile a list of the number of provisional ballots cast under section 49.81 in each precinct. The list shall be made available to the public as soon as possible, but in no case later than 9:00 a.m. on the second day following the election. Any elector may examine the list during normal office hours, and may also examine the affidavit affidavits on the envelopes bearing containing the ballots of challenged electors until the reconvening of the special precinct board as required by this chapter. Only those persons so permitted by section 53.23, subsection 4, shall have access to the affidavits while that board is in session. Any elector may present written statements or documents, supporting or opposing the counting of any provisional ballot, at the commissioner’s office until the reconvening of the special precinct board.
   Sec. ___.  Section 53.2, subsection 6, Code 2014, is amended to read as follows:
   6.  If an application for an absentee ballot is received from an eligible elector who is not a registered voter the commissioner shall send the eligible elector a voter registration form and another absentee ballot application form. If the application is received after the time registration closes pursuant to section 48A.9 but by 5:00 p.m. on the Saturday before the election for general and primary elections or by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall notify the applicant by mail of the election day and in-person absentee registration provisions of section 48A.7A. In addition to notification by mail, the commissioner shall also attempt to contact the applicant by any other method available to the commissioner.
   Sec. ___.  Section 53.8, subsection 1, Code 2014, is amended to read as follows:
   1.  a.  Upon receipt of an application for an absentee ballot and immediately after the absentee ballots are printed, the commissioner shall mail an absentee ballot to the applicant within twenty-four hours, except as otherwise provided in subsection 3.  The absentee ballot shall be sent to the registered voter by one of the following methods:
   (1)  The absentee ballot shall be enclosed in an unsealed envelope bearing marked with a serial number and affidavit. The absentee ballot and unsealed affidavit envelope shall be enclosed in or with a an unsealed return envelope marked postage paid which bears the same serial number as the unsealed affidavit envelope. The absentee ballot, unsealed affidavit envelope, and return envelope shall be enclosed in a third envelope to be sent to the registered voter. If the ballot cannot be folded so that all of the votes cast on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
   (2)  The absentee ballot shall be enclosed in an unsealed return envelope marked with a serial number and affidavit and marked postage paid. The absentee ballot and return envelope shall be enclosed in a second envelope to be sent to the registered voter. If the ballot cannot be folded so that all of the votes cast on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
   b.  The affidavit shall be marked on the appropriate envelope in a form prescribed by the state commissioner of elections.
   Sec. ___.  Section 53.10, subsection 2, Code 2014, is amended to read as follows:
   2.  Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information:  name, current address, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in an affidavit the envelope marked with the affidavit; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter.
   Sec. ___.  Section 53.16, Code 2014, is amended to read as follows:
   53.16  Subscribing to affidavit.

   After marking the ballot, the voter shall make and subscribe to the affidavit on the reverse side of the affidavit envelope or on the return envelope marked with the affidavit, and fold the ballot or ballots, separately, so as to conceal the markings on them, and deposit them in the envelope, and securely seal the envelope.
   Sec. ___.  Section 53.17, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   The If the commissioner mailed the ballot pursuant to section 53.8, subsection 1, paragraph “a”, subparagraph (1), the sealed envelope bearing the voter’s affidavit and containing the absentee ballot shall be enclosed in a return envelope which shall be securely sealed.  If the commissioner mailed the ballot pursuant to section 53.8, subsection 1, paragraph “a”, subparagraph (2), the absentee ballot shall be enclosed in the return envelope which shall be securely sealed. The sealed return envelope shall be returned to the commissioner by one of the following methods:
   Sec. ___.  Section 53.18, subsections 2 and 3, Code 2014, are amended to read as follows:
   2.  If the commissioner receives the return envelope containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general and primary elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness. If the affidavit is incomplete, the commissioner shall, within twenty-four hours of the time the envelope was received, notify the voter of that fact and that the voter may complete the affidavit in person at the office of the commissioner by 5:00 p.m. on the day before the election, vote a replacement ballot in the manner and within the time period provided in subsection 3, or appear at the voter’s precinct polling place on election day and cast a ballot in accordance with section 53.19, subsection 3.
   3.  If the affidavit envelope or the return envelope marked with the affidavit contains a defect that would cause the absentee ballot to be rejected by the absentee and special voters precinct board, the commissioner shall immediately notify the voter of that fact and that the voter’s absentee ballot shall not be counted unless the voter requests and returns a replacement ballot in the time permitted under section 53.17, subsection 2. The voter may request a replacement ballot in person, in writing, or over the telephone. The same serial number that was assigned to the records of the original absentee ballot application shall be used on the envelope and records of the replacement ballot. The affidavit envelope marked with the affidavit and containing the completed replacement ballot shall be marked “Replacement ballot”. The affidavit envelope marked with the affidavit and containing the original ballot shall be marked “Defective” and the replacement ballot shall be attached to the affidavit such envelope containing the original ballot and shall be stored in a secure place until they are delivered to the absentee and special voters precinct board, notwithstanding sections 53.26 and 53.27.
   Sec. ___.  Section 53.21, subsection 2, paragraph b, Code 2014, is amended to read as follows:
   b.  The voter shall enclose one copy of the above statement in the return envelope along with the affidavit envelope, if the voter was mailed a separate affidavit envelope, and shall retain a copy for the voter’s records.
   Sec. ___.  Section 53.23, subsection 3, paragraph b, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  The commissioner may direct the board to meet on the day before the election for the purpose of reviewing the absentee voters’ affidavits appearing on the sealed affidavit envelopes. If in the commissioner’s judgment this procedure is necessary due to the number of absentee ballots received, the members of the board may open the sealed affidavit envelopes and remove the secrecy envelope containing the ballot, but under no circumstances shall a secrecy envelope or a return envelope marked with an affidavit be opened before the board convenes on election day, except as provided in paragraph “c”. If the affidavit envelopes are opened before election day pursuant to this paragraph “b”, two observers, one appointed by each of the two political parties referred to in section 49.13, subsection 2, shall witness the proceedings. The observers shall be appointed by the county chairperson or, if the county chairperson fails to make an appointment, by the state chairperson. However, if either or both political parties fail to appoint an observer, the commissioner may continue with the proceedings.
   Sec. ___.  Section 53.23, subsection 5, Code 2014, is amended to read as follows:
   5.  The special precinct election board shall preserve the secrecy of all absentee and provisional ballots. After the affidavits on the envelopes have been reviewed and the qualifications of the persons casting the ballots have been determined, those that have been accepted for counting shall be opened. The ballots shall be removed from the affidavit envelopes or return envelopes marked with the affidavit, as applicable, without being unfolded or examined, and then shall be thoroughly intermingled, after which they shall be unfolded and tabulated. If secrecy folders or envelopes are used with provisional paper ballots, the ballots shall be removed from the secrecy folders after the ballots have been intermingled.
   Sec. ___.  Section 53.25, Code 2014, is amended to read as follows:
   53.25  Rejecting ballot.
   1.  If the absentee voter’s affidavit lacks the voter’s signature, if the applicant is not a duly registered voter on election day in the precinct where the absentee ballot was cast, if the affidavit envelope marked with the affidavit contains more than one ballot of any one kind, or if the voter has voted in person, such vote shall be rejected by the absentee and special voters precinct board. If the affidavit envelope or return envelope marked with the affidavit is open, or has been opened and resealed, or if the ballot is not enclosed in the affidavit such envelope, and an affidavit envelope or return envelope marked with the affidavit with the same serial number and marked “Replacement ballot” is not attached as provided in section 53.18, the vote shall be rejected by the absentee and special voters precinct board.
   2.  If the absentee ballot is rejected prior to the opening of the affidavit envelope or return envelope marked with the affidavit, the voter casting the ballot shall be notified by a precinct election official by the time the canvass is completed of the reason for the rejection on a form prescribed by the state commissioner of elections.
   Sec. ___.  Section 53.27, Code 2014, is amended to read as follows:
   53.27  Rejection of ballot —— return of envelope.

   If the ballot is rejected, the affidavit envelope, marked with the affidavit of, with the voter endorsed voter’s endorsement thereon, shall be returned with the rejected ballot in the envelope endorsed “Defective ballots”.
   Sec. ___.  Section 53.30, Code 2014, is amended to read as follows:
   53.30  Ballots, ballot envelopes, and other information preserved.

   At the conclusion of each meeting of the absentee and special voter’s precinct board, the board shall securely seal all ballots counted by them in the manner prescribed in section 50.12. The ballot envelopes, including the affidavit envelope having the registered voter’s affidavit on it if an affidavit envelope was provided, the return envelope, and secrecy envelope bearing the signatures of precinct election officials, as required by section 53.23, shall be preserved. All applications for absentee ballots, ballots rejected without being opened, absentee ballot logs, and any other documents pertaining to the absentee ballot process shall be preserved until such time as the documents may be destroyed pursuant to section 50.19.
   Sec. ___.  Section 53.32, Code 2014, is amended to read as follows:
   53.32  Ballot of deceased voter.

   When it shall be made to appear by due proof to the precinct election officials that any elector, who has so marked and forwarded a ballot, has died before the affidavit envelope marked with the affidavit is opened, then the ballot of such deceased voter shall be endorsed, “Rejected because voter is dead”, and be returned to the commissioner; but the. The casting of the ballot of a deceased voter shall not invalidate the election.
   Sec. ___.  Section 53.38, Code 2014, is amended to read as follows:
   53.38  What constitutes registration.

   Whenever a ballot is requested pursuant to section 53.39 or 53.45 on behalf of a voter in the armed forces of the United States, the affidavit upon the affidavit envelope marked with the affidavit of such voter, if the voter is found to be an eligible elector of the county to which the ballot is submitted, shall constitute a sufficient registration under chapter 48A. A completed federal postcard registration and federal absentee ballot request form submitted by such eligible elector shall also constitute a sufficient registration under chapter 48A. The commissioner shall place the voter’s name on the registration record as a registered voter if it does not already appear there. The identification requirements of section 48A.8 and the verification requirements of section 48A.25A do not apply to persons who register to vote under this division.
   Sec. ___.  Section 53.40, subsection 3, Code 2014, is amended to read as follows:
   3.  If the affidavit on the affidavit envelope marked with the affidavit shows that the affiant is not a qualified voter on the day of the election at which the ballot is offered for voting, the envelope shall not be opened, but the envelope and ballot contained in the envelope shall be preserved and returned by the precinct election officials to the commissioner, who shall preserve them for the period of time and under the conditions provided for in sections 50.12, 50.13, 50.15, and 50.19.
   Sec. ___.  Section 53.44, Code 2014, is amended to read as follows:
   53.44  Affidavit to be signed and returned.
   1.  The affidavit on the affidavit envelope marked with the affidavit used in connection with voting by absentee ballot under this division by members of the armed forces of the United States need not be notarized or witnessed, but the affidavit on such envelope shall be completed and signed by the voter.
   2.  Absentee ballots issued under this division shall be returned in the same manner and within the same time limits specified in section 53.17.
   Sec. ___.  REPEAL.  Sections 53.13 and 53.14, Code 2014, are repealed.
   Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.>
   4.  Title page, by striking lines 1 through 4 and inserting <An Act related to the policy administration of elections and voter registration and including effective date provisions.>
   5.  By renumbering, redesignating, and correcting internal references as necessary.