S-3229

   Amend House File 516, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, line 4, by striking <subsection> and inserting <subsections>
   2.  Page 1, after line 8 by inserting: 
   <NEW SUBSECTION.  71.  The personal identification number assigned by the state commissioner of elections pursuant to section 48A.10A, subsection 1.>
   3.  Page 2, line 8, by striking <and one-half> and inserting <and one-half>
   4.  Page 2, after line 20 by inserting: 
   <Sec. ___.  Section 49.31, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  The commissioner shall determine the order of political parties and nonparty political organizations on the ballot as provided under this paragraph. The sequence shall be the same for each office on the ballot and for each precinct in the county voting in the election.  The commissioner shall arrange the ballot so that the candidates of each political party described in section 49.13, subsection 2, for each partisan office appearing on the ballot shall appear as the first and second candidates listed under that office for the first precinct listed in subsection 2, paragraph “a”. Thereafter, for each such political party and for each succeeding precinct, the names appearing first for the respective offices in the last preceding precinct shall be placed second. Candidates of other political parties and nonparty political organizations shall follow in an order to be determined by the commissioner and in the same sequence for each office on the ballot and for each precinct in the county voting in the election.
   Sec. ___.  Section 49.31, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  The commissioner shall then arrange the surnames of each political party’s candidates for each office to which two or more persons are to be elected at large alphabetically for the respective offices for the first precinct on the list; thereafter providing that the candidates of the political parties described in section 49.13, subsection 2, shall appear before all other candidates on the ballot and alternating the appearance of the names of such candidates by political party. Thereafter for each those political party parties and for each succeeding precinct, the names appearing first for the respective offices in the last preceding precinct shall be placed last among those political party candidates described in section 49.13, subsection 2, so that the names that were second before the change shall be first after the change. The commissioner may also rotate the names of candidates of a political party in the reverse order of that provided in this subsection or alternate the rotation so that the candidates of different parties shall not be paired as they proceed through the rotation.  The names of candidates of any other political party shall appear on the ballot after the candidates of the political parties described in section 49.13, subsection 2, and the commissioner shall arrange and rotate the surnames of such candidates in the same manner as provided for the candidates of the political parties described in section 49.13, subsection 2. The procedure for arrangement of names on ballots provided in this section shall likewise be substantially followed in elections in political subdivisions of less than a county.>
   5.  Page 4, after line 14 by inserting: 
   <Sec. ___.  Section 53.8, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  For envelopes mailed at any election other than the primary election, the commissioner shall not mark any envelope with any information related to the party affiliation of the applicant.>
   6.  Page 4, after line 21 by inserting: 
   <Sec. ___.  Section 53.23, subsection 3, paragraph b, subparagraph (1), Code 2017, 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 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 the observers appointed by each of the two political parties referred to in section 49.13, subsection 2, party, as defined in section 43.2, shall witness the proceedings.  Each political party may appoint up to five observers under this paragraph “b”. 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 4, Code 2017, is amended to read as follows:
   4.  The room where members of the special precinct election board are engaged in counting absentee ballots on the day before the election pursuant to subsection 3, paragraph “c”, or during the hours the polls are open shall be policed so as to prevent any person other than those whose presence is authorized by this subsection from obtaining information about the progress of the count. The only persons who may be admitted to that room are the members of the board, one challenger five challengers representing each political party, one observer representing any nonparty political organization or any candidate nominated by petition pursuant to chapter 45 or any other nonpartisan candidate in a city or school election appearing on the ballot of the election in progress, one observer representing persons supporting a public measure appearing on the ballot and one observer representing persons opposed to such measure, and the commissioner or the commissioner’s designee. It shall be unlawful for any of these persons to communicate or attempt to communicate, directly or indirectly, information regarding the progress of the count at any time while the board is convened pursuant to subsection 3, paragraph “c”, or at any time before the polls are closed.>
   7.  Page 4, line 26, by striking <registration> and inserting <identification>
   8.  Page 6, after line 21 by inserting: 
   <Sec. ___.  Section 48A.8, subsection 2, Code 2017, is amended to read as follows:
   2.  An eligible elector who registers by mail and who has not previously voted in an election for federal office in the county of registration shall be required to provide identification documents when voting for the first time in the county, unless the registrant provided on the registration form the registrant’s Iowa driver’s license number, or the registrant’s Iowa nonoperator’s identification card number, or the last four numerals of the registrant’s social security number and the driver’s license, nonoperator’s identification, or partial social security number matches an existing state or federal identification record with the same number, name, and date of birth. If the registrant under this subsection votes in person at the polls, or by absentee ballot at the commissioner’s office or at a satellite voting station, the registrant shall provide a current and valid photo identification card, or and shall present, as proof of residence, to the appropriate election official one of the following current documents that shows the name and address of the registrant:
   0a.  Residential lease.
   00a.  Property tax statement.
   a.  Utility bill.
   b.  Bank statement.
   c.  Paycheck.
   d.  Government check.
   e.  Other government document.>
   9.  Page 6, line 22, by striking <registration> and inserting <identification>
   10.  Page 6, line 24, after <shall> by inserting <, each week,>
   11.  Page 6, line 27, by striking <registration> and inserting <identification>
   12.  Page 6, line 29, after <files.> by inserting <The voter identification card shall include the name of the registered voter, a signature line above which the registered voter shall sign the voter identification card, the registered voter’s identification number assigned to the voter pursuant to section 47.7, subsection 2, and an additional four-digit personal identification number assigned by the state commissioner.>
   13.  Page 6, by striking lines 30 through 34.
   14.  Page 6, line 35, by striking <registration> and inserting <identification>
   15.  Page 7, line 2, by striking <registration> and inserting <identification>
   16.  Page 7, by striking lines 15 through 17 and inserting <form. The acknowledgment shall be sent by nonforwardable mail.>
   17.  Page 8, after line 22 by inserting: 
   <Sec. ___.  Section 49.77, subsection 1, paragraph a, Code 2017, is amended to read as follows:
   a.  Any person desiring to vote shall sign a voter’s declaration provided by the officials, in substantially the following form:

VOTER’S DECLARATION
 OF ELIGIBILITY

  I do solemnly swear or affirm that I am a resident of the .... precinct, .... ward or township, city of ........, county of ........, Iowa.

  I am a registered voter. I was born on the .... day of .... (month) .... (year). I have not voted and will not vote in any other precinct in said election.

  I understand that any false statement in this declaration is a criminal offense punishable as provided by law.
                ............................................
                Signature of Voter
                ............................................
                Address
                ............................................
                Telephone (optional)
Approved:
............................................
Board Member>
   18.  Page 8, after line 24 by inserting: 
   <Sec. ___.  Section 49.77, subsection 4, paragraph a, Code 2017, is amended to read as follows:
   a.  A person whose name does not appear on the election register of the precinct in which that person claims the right to vote shall not be permitted to vote, unless the person affirms that the person is currently registered in the county and presents proof of identity and residence as required pursuant to section 48A.8, or the commissioner informs the precinct election officials that an error has occurred and that the person is a registered voter of that precinct. If the commissioner finds no record of the person’s registration but the person insists that the person is a registered voter of that precinct, the precinct election officials shall allow the person to cast a ballot in the manner prescribed by section 49.81.>
   19.  Page 9, line 26, by striking <registration> and inserting <identification>
   20.  Page 9, line 28, by striking <registration> and inserting <identification>
   21.  Page 16, line 11, after <CERTIFICATION> by inserting <, OVERSIGHT,>
   22.  Page 16, after line 18 by inserting: 
   <Sec. ___.  Section 47.1, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The state commissioner may, at the state commissioner’s discretion, examine the records of a commissioner to evaluate complaints and to ensure compliance with the provisions of chapters 39 through 53. The state commissioner shall adopt rules pursuant to chapter 17A to require a commissioner to provide written explanations related to examinations conducted pursuant to this subsection.>
   23.  Page 21, after line 21 by inserting: 
<DIVISION ___
ABSENTEE VOTING PERIOD

   Sec. ___.  Section 53.8, subsection 1, paragraph a, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Upon receipt of an application for an absentee ballot and immediately after the absentee ballots are printed, but not more than twenty-nine days before the election, 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:
   Sec. ___.  Section 53.10, subsection 1, Code 2017, is amended to read as follows:
   1.  Not more than forty twenty-nine days before the date of the primary election or the general election, the commissioner shall provide facilities for absentee voting in person at the commissioner’s office. This service shall also be provided for other elections as soon as the ballots are ready, but in no case shall absentee ballots be available under this section more than forty twenty-nine days before an election.
   Sec. ___.  Section 53.11, subsection 1, paragraph a, Code 2017, is amended to read as follows:
   a.  Satellite Not more than twenty-nine days before the date of an election, satellite absentee voting stations may be established throughout the cities and county at the direction of the commissioner and shall be established upon receipt of a petition signed by not less than one hundred eligible electors requesting that a satellite absentee voting station be established at a location to be described on the petition. However, if a special election is scheduled in the county on a date that falls between the date of the regular city election and the date of the city runoff election, the commissioner is not required to establish a satellite absentee voting station for the city runoff election.
   Sec. ___.  APPLICABILITY.  This division of this Act applies to elections held on or after January 1, 2018.
DIVISION ___
VOTING AGE AT PRIMARY ELECTIONS

   Sec. ___.  Section 48A.5, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  (1)  Be at least eighteen years of age.  However, for purposes of voting in the primary election, an eligible elector shall be at least eighteen years of age on the date of the respective general election or city election. Completed registration forms shall be accepted from registrants who are at least seventeen and one-half years of age; however,. For an election other than a primary election, the registration shall not be effective until the registrant reaches the age of eighteen. The commissioner of registration shall ensure that the birth date shown on the registration form is at least seventeen and one-half years earlier than the date the registration is processed.
   (2)  A registrant who is at least seventeen and one-half years of age and who will be eighteen by the date of a pending election is a registered voter for the pending election for purposes of chapter 53.  For purposes of voting in a primary election under chapter 43, a registrant who will be at least eighteen years of age by the date of the respective general election or city election is a registered voter for the pending primary election.
   Sec. ___.  Section 48A.11, subsection 3, Code 2017, is amended to read as follows:
   3.  a.  The following questions and statement regarding eligibility shall be included on forms that may be used for registration by mail:
  [1]  “Are you a citizen of the United States of America?”

  [2]  “Will you be eighteen years of age on or before election day?”

  [3]  “If you checked ‘no’ in response to either of these questions, do not complete this form.”

   b.  The forms shall also include information noting that, for purposes of voting in a primary election, a person may complete the form if the person is a citizen of the United States of America and will be at least eighteen years of age on the date of the general election.
   Sec. ___.  Section 48A.14, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  The challenged registrant is less than seventeen and one-half years of age.
   Sec. ___.  Section 48A.23, subsection 1, Code 2017, is amended to read as follows:
   1.  At least twice during each school year, the board of directors of each school district operating a high school and the authorities in charge of each accredited nonpublic school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age.
   Sec. ___.  Section 48A.26, subsection 9, Code 2017, is amended to read as follows:
   9.  When a person who is at least seventeen and one-half years of age but less than eighteen years of age registers to vote, the commissioner shall maintain a record of the registration so as to clearly indicate that it will not take effect until the registrant’s eighteenth birthday and that the person is registered and qualifies to vote at any election held on or after that date.  However, the commissioner shall indicate that the person is registered and qualifies to vote at the pending primary election if the person will be at least eighteen years of age on the date of the respective general election or city election.
   Sec. ___.  Section 49.79, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  The For an election other than a primary election, the challenged person is less than eighteen years of age as of the date of the election at which the person is offering to vote.  For a primary election, the challenged person will be less than eighteen years of age on the date of the respective general election or city election.
   Sec. ___.  Section 49.81, subsection 4, paragraph a, Code 2017, is amended to read as follows:
   a.  (1)  The individual envelopes used for each provisional ballot cast pursuant to subsection 1 shall have space for the voter’s name, date of birth, and address and shall have printed on them the following:
  I am a United States citizen, at least eighteen years of age or, for purposes of voting in a primary election, I will be at least eighteen years of age on the date of the respective general election or city election. I believe I am a registered voter of this county and I am eligible to vote in this election.

.............
(signature of voter) (date)

   (2)  The following information is to be provided by the precinct election official:
Reason for casting provisional ballot:

.................

.................

                    ...........
                    (signature of precinct 
                    election official)
   Sec. ___.  Section 280.9A, subsection 3, Code 2017, is amended to read as follows:
   3.  At least twice during each school year, the board of directors of each local public school district operating a high school and the authorities in charge of each accredited nonpublic school operating a high school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age, as required by section 48A.23.
   Sec. ___.  Section 602.8102, subsection 15, Code 2017, is amended to read as follows:
   15.  Monthly, notify the county commissioner of registration and the state registrar of voters of persons seventeen and one-half years of age and older who have been convicted of a felony during the preceding calendar month or persons who at any time during the preceding calendar month have been legally declared to be a person who is incompetent to vote as that term is defined in section 48A.2.
   Sec. ___.  EFFECTIVE DATE.  This division of this Act takes effect January 1, 2018.
DIVISION ___
CANDIDATE FILING DEADLINES

   Sec. ___.  Section 43.6, subsection 1, Code 2017, is amended to read as follows:
   1.  When a vacancy occurs in the office of senator in the Congress of the United States, secretary of state, auditor of state, treasurer of state, secretary of agriculture, or attorney general and section 69.13 requires that the vacancy be filled for the balance of the unexpired term at a general election, candidates for the office shall be nominated in the preceding primary election if the vacancy occurs eighty-nine or more days before the date of that primary election. If the vacancy occurs less than one hundred four days before the date of that primary election, the state commissioner shall accept nomination papers for that office only until 5:00 p.m. on the seventy-fourth day before the primary election, the provisions of section 43.11 notwithstanding. If the vacancy occurs later than eighty-nine days before the date of that primary election, but not less than eighty-nine eighty-one days before the date of the general election, the nominations shall be made in the manner prescribed by this chapter for filling vacancies in nominations for offices to be voted for at the general election.
   Sec. ___.  Section 43.73, Code 2017, is amended to read as follows:
   43.73  State commissioner to certify nominees.
   1.  Not less than sixty-nine sixty-four days before the general election the state commissioner shall certify to each commissioner, under separate party headings, the name of each person nominated as shown by the official canvass made by the executive council, or as certified to the state commissioner by the proper persons when any person has been nominated by a convention or by a party committee, or by petition, the office to which the person is nominated, and the order in which federal and state offices, judges, constitutional amendments, and state public measures shall appear on the official ballot.
   2.  The state commissioner shall similarly certify to the appropriate commissioner or commissioners at the earliest practicable time the names of nominees for a special election, called under section 69.14, submitted to the state commissioner pursuant to section 43.78, subsection 4.
   Sec. ___.  Section 43.76, subsection 1, Code 2017, is amended to read as follows:
   1.  A candidate nominated in a primary election for any office for which nomination papers are required to be filed with the state commissioner may withdraw as a nominee for that office on or before, but not later than, the eighty-ninth eighty-first day before the date of the general election by so notifying the state commissioner in writing.
   Sec. ___.  Section 43.77, subsections 3 and 4, Code 2017, are amended to read as follows:
   3.  The person nominated in the primary election as the party’s candidate for that office subsequently withdrew as permitted by section 43.76, was found to lack the requisite qualifications for the office, or died, at a time not later than the eighty-ninth eighty-first day before the date of the general election in the case of an office for which nomination papers must be filed with the state commissioner and not later than the seventy-fourth day before the date of the general election in the case of an office for which nomination papers must be filed with the county commissioner.
   4.  A vacancy has occurred in the office of senator in the Congress of the United States, secretary of state, auditor of state, treasurer of state, secretary of agriculture, or attorney general, under the circumstances described in section 69.13, less than eighty-nine days before the primary election and not less than eighty-nine days before the general election.
   Sec. ___.  Section 43.78, subsection 2, Code 2017, is amended to read as follows:
   2.  The name of any candidate designated to fill a vacancy on the general election ballot in accordance with subsection 1, paragraph “a”, “b”, or “c” shall be submitted in writing to the state commissioner not later than 5:00 p.m. on the eighty-first seventy-third day before the date of the general election.
   Sec. ___.  Section 43.79, Code 2017, is amended to read as follows:
   43.79  Death of candidate after time for withdrawal.
   The death of a candidate nominated as provided by law for any office to be filled at a general election, during the period beginning on the eighty-eighth eighty-first day before the general election, in the case of any candidate whose nomination papers were filed with the state commissioner, or beginning on the seventy-third day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner filing nomination papers under this chapter, and ending on the last day before the general election shall not operate to remove the deceased candidate’s name from the general election ballot. If the deceased candidate was seeking the office of senator or representative in the Congress of the United States, governor, attorney general, senator or representative in the general assembly or county supervisor, section 49.58 shall control. If the deceased candidate was seeking any other office, and as a result of the candidate’s death a vacancy is subsequently found to exist, the vacancy shall be filled as provided by chapter 69.
   Sec. ___.  Section 44.4, subsection 1, Code 2017, 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 seventy-third 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 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 44.9, subsection 1, Code 2017, is amended to read as follows:
   1.  In the office of the state commissioner, at least seventy-four sixty-eight days before the date of the election.
   Sec. ___.  Section 44.11, Code 2017, 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 sixty-eight 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 or the state 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 commissioner for city elections.
   Sec. ___.  Section 46.21, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   At least sixty-nine sixty-four days before each judicial election, the state commissioner of elections shall certify to the county commissioner of elections of each county a list of the judges of the supreme court, court of appeals, and district court including district associate judges, full-time associate juvenile judges, and full-time associate probate judges, and clerks of the district court to be voted on in each county at that election. The county commissioner of elections shall place the names upon the ballot in the order in which they appear in the certificate. The state commissioner of elections shall rotate the names in the certificate by county. The names of all judges and clerks to be voted on shall be placed upon one ballot, which shall be in substantially the following form:>
   24.  Title page, line 5, after <voting,> by inserting <the voting age at primary elections, candidate filing deadlines,>
   25.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
ROBY SMITH