Senate Amendment to House File 692 H-1244 Amend House File 692, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION 5 Section 1. Section 49.43, subsection 2, Code 2019, is 6 amended to read as follows: 7 2. Constitutional amendments and other public measures may 8 shall be summarized by the commissioner as provided in sections 9 49.44 and 52.25 . 10 Sec. 2. Section 49.44, subsection 1, Code 2019, is amended 11 to read as follows: 12 1. When a proposed constitutional amendment or other public 13 measure to be decided by the voters of the entire state is to 14 be voted upon, the state commissioner shall prepare a written 15 summary of the amendment or measure including the number of 16 the amendment or statewide public measure assigned by the 17 state commissioner. The summary shall be printed immediately 18 preceding the text of the proposed amendment or measure on the 19 paper ballot or optical scan ballot referred to in section 20 49.43 . If the complete text of the proposed amendment or 21 public measure will not fit on the ballot it shall be posted 22 inside the voting booth. A copy of the full text shall be 23 included with any absentee ballots. 24 Sec. 3. Section 49A.1, Code 2019, is amended to read as 25 follows: 26 49A.1 Publication of proposed amendment. 27 1. Whenever any proposition to amend the Constitution has 28 passed the general assembly and been referred to the next 29 succeeding legislature, the state commissioner of elections 30 shall endeavor to cause the same to be published, once each 31 month, in two newspapers of general circulation in each 32 congressional district in the state, for the time required by 33 the Constitution. 34 2. a. The legislative services agency shall maintain on 35 -1- HF692.1944.S (3) 88 mb 1/ 56 #1.
the internet site of the agency a list of all propositions 1 to amend the Constitution as they are filed for each general 2 assembly commencing on or after the effective date of this Act. 3 Such lists shall include links to the text of the proposed 4 amendments. 5 b. The legislative services agency shall maintain on the 6 internet site of the agency separate lists for propositions to 7 amend the Constitution that have been passed by one general 8 assembly and by two consecutive general assemblies. Such lists 9 shall include links to the text of the proposed amendments and 10 shall be updated no later than one week after the conclusion of 11 each session of the general assembly. A proposition to amend 12 the Constitution published consistent with this paragraph shall 13 be considered published as required by the Constitution. 14 Sec. 4. REPEAL. Sections 49A.10 and 49A.11, Code 2019, are 15 repealed. 16 DIVISION II 17 ISSUANCE OF BONDS 18 Sec. 5. Section 49.45, Code 2019, is amended to read as 19 follows: 20 49.45 General form of ballot. 21 1. Ballots referred to in section 49.43 shall be 22 substantially in the following form: 23 Shall the following amendment to the Constitution (or public 24 measure) be adopted? 25 Yes 26 No 27 (Here insert the summary, if it is for a constitutional 28 amendment or statewide public measure, and in full the proposed 29 constitutional amendment or public measure. The number 30 assigned by the state commissioner or the letter assigned 31 by the county commissioner shall be included on the ballot 32 centered above the question, “Shall the following amendment to 33 the Constitution [or public measure] be adopted?”.) 34 2. A public measure to approve the issuance of a bond 35 -2- HF692.1944.S (3) 88 mb 2/ 56
pursuant to chapter 75 or 296 shall include on the ballot the 1 current property tax levy, which shall immediately follow 2 the proposed levy, and the term of the bond. Such a public 3 measure shall also include on the ballot the average increase 4 or decrease in the property tax burden of an average home in 5 each county, as well as the average of such averages, according 6 to data provided by the United States census bureau. 7 DIVISION III 8 SELF-PROMOTION WITH TAXPAYER FUNDS 9 Sec. 6. Section 68A.405A, subsection 1, paragraph b, Code 10 2019, is amended by striking the paragraph. 11 Sec. 7. Section 68A.405A, Code 2019, is amended by adding 12 the following new subsections: 13 NEW SUBSECTION . 3. For the purposes of this section, 14 “direct mass mailing” means a mailing, regardless of whether 15 the mailing was sent in response to a request or due to the 16 recipient’s enrollment in a program, the purpose of which is to 17 attract public attention to a person, policy, product, service, 18 program, initiative, law, legislation, event, or activity 19 promoted by the statewide elected official that is all of the 20 following: 21 a. Printed material delivered by the United States mail or 22 other delivery service. 23 b. Sent to more than two hundred physical addresses. 24 c. Substantially similar or identical as regards each 25 mailing. 26 d. Sent at the same time or within a thirty-day period. 27 NEW SUBSECTION . 4. For the purposes of this section, 28 only moneys appropriated to the offices of the governor and 29 lieutenant governor are considered under the control of the 30 governor or lieutenant governor. 31 DIVISION IV 32 HOSPITAL BOARD OF TRUSTEES ELECTIONS 33 Sec. 8. Section 347.9, subsection 1, Code 2019, is amended 34 to read as follows: 35 -3- HF692.1944.S (3) 88 mb 3/ 56
1. When it has been determined by the voters of a county 1 to establish a county public hospital, the board shall appoint 2 five or seven trustees chosen from among the resident citizens 3 of the county with reference to their fitness for office. 4 The appointed trustees shall hold office until the following 5 general election, at which time their successors shall be 6 elected, three for a term of four years and the remainder 7 for a term of two years, and they shall determine by lot 8 their respective terms, and thereafter their successors shall 9 be elected for regular terms of four years each , except as 10 provided in subsection 3 . 11 Sec. 9. Section 347.9, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3. Trustees in a county with a population 14 of at least four hundred thousand shall serve for a term of six 15 years. A trustee elected to a term of four years in or after 16 January 2018 shall instead serve a term of six years. 17 Sec. 10. Section 347.10, Code 2019, is amended to read as 18 follows: 19 347.10 Vacancies. 20 Vacancies on the board of trustees may , until the next 21 general election, be filled by appointment by the remaining 22 members of the board of trustees or, if fewer than a 23 majority of the trustees remain on the board, by the board of 24 supervisors for the period until the vacancies are filled by 25 election. An appointment made under this section shall be for 26 the unexpired balance of the term of the preceding trustee. If 27 a board member is absent for four consecutive regular board 28 meetings, without prior excuse, or fails to comply with more 29 stringent attendance requirements for regular board meetings 30 included in the bylaws governing the board, the member’s 31 position shall be declared vacant and filled as set out in this 32 section . 33 Sec. 11. HOSPITAL BOARD OF TRUSTEES ELECTIONS. 34 Notwithstanding section 347.9, for elections held pursuant to 35 -4- HF692.1944.S (3) 88 mb 4/ 56
section 347.9 in 2022 in which more than seventy percent of 1 trustee positions on a board are on the ballot: 2 1. If there are seven trustees on the board: 3 a. If six trustees are to be elected, the four elected who 4 receive the highest number of votes are elected for four-year 5 terms. The remainder are elected for two-year terms. In case 6 of a tie, the county auditor shall determine by lot which of 7 the trustees with the lowest number of winning votes shall 8 serve two-year terms and thereafter their successors shall be 9 elected for regular terms as provided in section 347.9. 10 b. If five trustees are to be elected, the four elected who 11 receive the highest number of votes are elected for four-year 12 terms. The remaining trustee is elected for a two-year term. 13 In case of a tie, the county auditor shall determine by lot 14 which of the trustees with the lowest number of winning votes 15 shall serve the two-year term and thereafter their successors 16 shall be elected for regular terms as provided in section 17 347.9. 18 2. If there are five trustees on the board, if four trustees 19 are to be elected, the three elected who receive the highest 20 number of votes are elected for four-year terms. The remaining 21 trustee is elected for a two-year term. In case of a tie, the 22 county auditor shall determine by lot which of the trustees 23 with the lowest number of winning votes shall serve the 24 two-year term and thereafter their successors shall be elected 25 for regular terms as provided in section 347.9. 26 DIVISION V 27 TECHNICAL CHANGES 28 Sec. 12. Section 39A.3, subsection 1, paragraph a, Code 29 2019, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (5) Falsely or fraudulently signs 31 nomination papers on behalf of another person. 32 Sec. 13. Section 39A.3, subsection 1, Code 2019, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter 35 -5- HF692.1944.S (3) 88 mb 5/ 56
registration information, including resale or redistribution 1 of the voter registration list without written permission of 2 the state registrar, for purposes other than those permitted 3 by section 48A.39. 4 Sec. 14. Section 39A.4, subsection 1, paragraph c, 5 subparagraph (5), Code 2019, is amended by striking the 6 subparagraph. 7 Sec. 15. Section 39A.6, Code 2019, is amended to read as 8 follows: 9 39A.6 Technical infractions —— notice. 10 1. If the state commissioner or county commissioner becomes 11 aware of an apparent technical violation of a provision of 12 chapters 39 through 53 , the state commissioner or county 13 commissioner may administratively provide a written notice 14 and letter of instruction to the responsible person regarding 15 proper compliance procedures. 16 2. If the state commissioner sends a notice of such a 17 technical infraction to a county commissioner, the state 18 commissioner may require a written explanation of the 19 occurrence, and measures that the person took to redress the 20 issues contained within the notice. 21 3. This notice is not a final determination of facts or law 22 in the matter, and does not entitle a person to a proceeding 23 under chapter 17A . 24 Sec. 16. Section 43.14, subsection 1, Code 2019, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . g. The printed name, signature, address, 27 and phone number of the person responsible for circulating the 28 petition page. The petition page shall clearly indicate that a 29 candidate circulating the page shall provide the information 30 required by this paragraph. 31 Sec. 17. Section 43.14, subsection 2, Code 2019, is amended 32 to read as follows: 33 2. a. Signatures on a petition page shall be counted only 34 if the information required in subsection 1 is written or 35 -6- HF692.1944.S (3) 88 mb 6/ 56
printed at the top of the page. 1 b. Nomination papers on behalf of candidates for seats in 2 the general assembly need only designate the number of the 3 senatorial or representative district, as appropriate, and 4 not the county or counties, in which the candidate and the 5 petitioners reside. 6 c. A signature line shall not be counted if the line 7 lacks the signature of the eligible elector and the signer’s 8 residential address , with street and number, if any, and city. 9 A signature line shall not be counted if an eligible elector 10 supplies only a partial address or a post office box address, 11 or if the signer’s address is obviously outside the boundaries 12 of the district. 13 d. A signature line shall not be counted if any of the 14 required information is crossed out or redacted at the time 15 the nomination papers are filed with the state commissioner or 16 commissioner. 17 Sec. 18. Section 43.14, subsection 4, Code 2019, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . f. Any other information required by section 20 43.18. 21 Sec. 19. Section 43.15, subsection 2, Code 2019, is amended 22 to read as follows: 23 2. Each signer shall add the signer’s residence residential 24 address , with street and number, if any, and the date of 25 signing. 26 Sec. 20. Section 43.22, unnumbered paragraph 1, Code 2019, 27 is amended to read as follows: 28 The state commissioner shall, at least sixty-nine days 29 before a primary election, or as soon as practicable if an 30 objection under section 43.24 is pending, furnish to the 31 commissioner of each county a certificate under the state 32 commissioner’s hand and seal, which certificate shall show: 33 Sec. 21. Section 43.24, subsection 1, paragraph b, 34 subparagraphs (1) and (2), Code 2019, are amended to read as 35 -7- HF692.1944.S (3) 88 mb 7/ 56
follows: 1 (1) Those filed with the state commissioner, not less than 2 seventy-four days before the date of the election , or for 3 certificates of nomination filed under section 43.23, not less 4 than sixty-nine days before the date of the election . 5 (2) Those filed with the commissioner, not less than 6 sixty-four sixty-seven days before the date of the election , or 7 for certificates of nomination filed under section 43.23, not 8 less than sixty-two days before the date of the election . 9 Sec. 22. Section 45.5, subsection 1, Code 2019, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . f. The printed name, signature, address, 12 and phone number of the person responsible for circulating the 13 petition page. 14 Sec. 23. Section 45.5, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. a. Signatures on a petition page shall be counted only 17 if the information required in subsection 1 is written or 18 printed at the top of the page. 19 b. Nomination papers on behalf of candidates for seats in 20 the general assembly need only designate the number of the 21 senatorial or representative district, as appropriate, and 22 not the county or counties, in which the candidate and the 23 petitioners reside. 24 c. A signature line in a nomination petition shall not be 25 counted if the line lacks the signature of the eligible elector 26 and the signer’s residential address , with street and number, 27 if any, and city. A signature line shall not be counted if 28 an eligible elector supplies only a partial address or a post 29 office box address, or if the signer’s address is obviously 30 outside the boundaries of the appropriate ward, city, school 31 district or school district director district, legislative 32 district, or other district. 33 d. A signature line shall not be counted if any of the 34 required information is crossed out or redacted at the time 35 -8- HF692.1944.S (3) 88 mb 8/ 56
the nomination papers are filed with the state commissioner or 1 commissioner. 2 Sec. 24. Section 45.6, subsection 2, Code 2019, is amended 3 to read as follows: 4 2. Each signer shall add the signer’s residence residential 5 address , with street and number , if any, and city . 6 Sec. 25. Section 47.1, subsection 6, Code 2019, is amended 7 to read as follows: 8 6. The state commissioner may, at the state commissioner’s 9 discretion, examine the records of a commissioner to evaluate 10 complaints and to ensure compliance with the provisions 11 of chapters 39 through 53 . This examination shall include 12 assessments conducted or authorized by private or government 13 entities to evaluate a county’s security readiness for 14 elections-related technology or physical facilities. The state 15 commissioner shall adopt rules pursuant to chapter 17A to 16 require a commissioner to provide written explanations related 17 to examinations conducted pursuant to this subsection . Any 18 information that is requested by or in the possession of the 19 state commissioner pursuant to this chapter shall not lose its 20 confidential status pursuant to section 22.7, subsection 50. 21 Sec. 26. Section 47.1, Code 2019, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 7. The state commissioner may share 24 information a county provides to an appropriate government 25 agency to safeguard against cybersecurity or physical threats. 26 NEW SUBSECTION . 8. The state commissioner may adopt rules 27 pursuant to chapter 17A to create minimum security protocols 28 applicable to county commissioners of elections. If a county 29 fails to adhere to these protocols, the state commissioner may 30 limit access to the statewide voter registration system. 31 Sec. 27. Section 47.2, Code 2019, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 7. The county commissioner of elections 34 shall, to maintain election security, do all of the following: 35 -9- HF692.1944.S (3) 88 mb 9/ 56
a. When the county commissioner believes that a 1 cybersecurity incident or data breach has occurred, the county 2 commissioner shall immediately inform the state commissioner 3 of elections. 4 b. If the county commissioner has no reason to believe 5 that a cybersecurity incident or data breach has occurred, 6 the county commissioner shall certify that fact to the state 7 commissioner on an annual basis. 8 Sec. 28. Section 47.7, subsection 2, paragraph d, Code 2019, 9 is amended to read as follows: 10 d. The state registrar shall prescribe by rule the 11 procedures for access to the state voter registration file, 12 security requirements, and access protocols for adding, 13 changing, or deleting information from the state voter 14 registration file including all of the following: 15 (1) Access protocols for adding, changing, or deleting 16 information from the state voter registration file. 17 (2) Training requirements for all state voter registration 18 file users. 19 (3) Technology safeguards, including county information 20 technology network requirements, necessary to access the state 21 voter registration file. 22 (4) Breach incident response requirements and protocols on 23 all matters related to elections . 24 Sec. 29. Section 47.7, subsection 2, Code 2019, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . e. The state registrar may rescind access to 27 the statewide voter registration file from a user who is not in 28 compliance with the prescribed rules. 29 Sec. 30. Section 48A.9, subsection 4, Code 2019, is amended 30 to read as follows: 31 4. Registration forms submitted to voter registration 32 agencies, to motor vehicle driver’s license stations, and to 33 county treasurer’s offices participating in county issuance of 34 driver’s licenses under chapter 321M shall be considered on 35 -10- HF692.1944.S (3) 88 mb 10/ 56
time if they are received no later than 5:00 11:59 p.m. on the 1 day registration closes for that election. Offices or agencies 2 other than the county commissioner’s office are not required 3 to be open for voter registration purposes at times other than 4 their usual office hours. 5 Sec. 31. Section 48A.26, subsection 1, Code 2019, is amended 6 to read as follows: 7 1. a. Except as otherwise provided in paragraph 8 paragraphs “b” and “c” of this subsection , or section 48A.26A, 9 within seven working days of receipt of a voter registration 10 form or change of information in a voter registration record 11 the commissioner shall send an acknowledgment to the registrant 12 at the mailing address shown on the registration form. The 13 acknowledgment shall be sent by nonforwardable mail. 14 b. For a voter registration form or change of information 15 in a voter registration record submitted at a precinct caucus, 16 the commissioner shall send an acknowledgment within forty-five 17 days of receipt of the form or change of information. 18 c. For a voter registration form or change of information in 19 a voter registration record submitted within fourteen days of a 20 regularly scheduled election, the commissioner shall send an 21 acknowledgment within forty-eight hours of receipt of the form 22 or change of information. 23 Sec. 32. Section 49.11, Code 2019, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. Notice of changes made pursuant to 26 subsection 3 shall be reported to the state commissioner at 27 least twenty-five days before the next election in which the 28 temporary precinct will be active, or, for elections held 29 pursuant to section 69.14 while the general assembly is in 30 session or within forty-five days of the convening of a session 31 of the general assembly, at least ten days before election day. 32 Sec. 33. Section 49.31, subsection 1, paragraph a, Code 33 2019, is amended to read as follows: 34 a. All ballots shall be arranged with the names of 35 -11- HF692.1944.S (3) 88 mb 11/ 56
candidates for each office listed below the office title. 1 For partisan elections the name of the political party or 2 organization which nominated each candidate shall be listed 3 after or below each candidate’s name. The state commissioner 4 may prescribe, and a county commissioner may use, uniform 5 abbreviations for political parties and organizations. 6 Sec. 34. Section 49.57, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. After the name of each candidate for a partisan office 9 the name of the candidate’s political party shall be printed 10 in at least six point type. The names of political parties 11 and nonparty political organizations may be abbreviated on 12 the remainder of the ballot if both the full name and the 13 abbreviation appear in the voter instruction area of the 14 ballot. 15 Sec. 35. Section 50.51, subsection 6, Code 2019, is amended 16 to read as follows: 17 6. The state commissioner shall adopt rules, pursuant 18 to chapter 17A , to implement this section , which may include 19 the establishment of pilot programs related to post-election 20 audits . 21 Sec. 36. NEW SECTION . 53.1A Rules. 22 The state commissioner shall adopt rules pursuant to chapter 23 17A for the implementation of this chapter. 24 Sec. 37. Section 53.8, subsection 1, paragraph a, 25 unnumbered paragraph 1, Code 2019, is amended to read as 26 follows: 27 Upon receipt of an application for an absentee ballot 28 and immediately after the absentee ballots are printed, 29 but not more than twenty-nine days before the election, the 30 commissioner shall mail an absentee ballot to the applicant 31 within twenty-four hours, except as otherwise provided in 32 subsection 3 . When the United States post office is closed 33 in observance of a federal holiday and is not delivering mail 34 on the twenty-ninth day before the election, the first day to 35 -12- HF692.1944.S (3) 88 mb 12/ 56
mail absentee ballots is the next business day on which mail 1 delivery is available. The absentee ballot shall be sent to 2 the registered voter by one of the following methods: 3 Sec. 38. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION VI 6 MISCELLANEOUS PROVISIONS 7 Sec. 39. Section 54.9, Code 2019, is amended to read as 8 follows: 9 54.9 Compensation. 10 The electors shall each receive a compensation of 11 five dollars one-half of the federal general services 12 administration’s per diem rate for the relevant date and 13 location for every day’s attendance, and the same mileage as 14 members of the general assembly which shall be paid from funds 15 not otherwise appropriated from the general fund of the state. 16 Sec. 40. Section 68.9, subsection 1, Code 2019, is amended 17 to read as follows: 18 1. When an impeachment is presented, the senate shall, after 19 the hour of final adjournment of the legislature as soon as 20 practicable , be forthwith organized as a court of impeachment 21 for the trial thereof, at the capitol. 22 Sec. 41. Section 68.14, Code 2019, is amended to read as 23 follows: 24 68.14 Compensation —— fees —— payment. 25 The presiding officer and members of the senate, while 26 sitting as a court of impeachment, and the managers elected 27 by the house of representatives, shall receive the sum of 28 six dollars each per day be compensated the same as for a 29 special session of the general assembly, but shall receive 30 no additional compensation during a regular session of the 31 general assembly , and shall be reimbursed for mileage expense 32 in going from and returning to their places of residence by the 33 ordinary traveled routes; the secretary, sergeant at arms, and 34 all subordinate officers, clerks, and reporters, shall receive 35 -13- HF692.1944.S (3) 88 mb 13/ 56
such amount as shall be determined upon by a majority vote of 1 the members of such court. The same fees shall be allowed to 2 witnesses, to officers, and to other persons serving process or 3 orders, as are allowed for like services in criminal cases, but 4 no fees can be demanded in advance. The state treasurer shall, 5 upon the presentation of certificates signed by the presiding 6 officer and secretary of the senate, pay all of the foregoing 7 compensations and the expenses of the senate incurred under the 8 provisions of this chapter . 9 DIVISION VII 10 CONDUCT OF ELECTIONS 11 Sec. 42. Section 39.2, subsection 4, paragraphs a, b, and c, 12 Code 2019, are amended to read as follows: 13 a. For a county, on the day of the general election, on 14 the day of the regular city election, on the date of a special 15 election held to fill a vacancy in the same county, or on the 16 first Tuesday in March in an odd-numbered year , the first 17 Tuesday in May March , or the first second Tuesday in August 18 of each year September, or the first Tuesday after the first 19 Monday in November . For a county, in an even-numbered year, 20 the first Tuesday in March or the second Tuesday in September. 21 b. For a city, on the day of the general election, on the 22 day of the regular city election, on the date of a special 23 election held to fill a vacancy in the same city, or on the 24 first Tuesday in March in an odd-numbered year , the first 25 Tuesday in May March , or the first second Tuesday in August 26 of each year September, or the first Tuesday after the first 27 Monday in November . For a city, in an even-numbered year, the 28 first Tuesday in March or the second Tuesday in September. 29 c. For a school district or merged area, in the odd-numbered 30 year, the first Tuesday in February March , the first Tuesday in 31 April, the last second Tuesday in June September , or the second 32 first Tuesday after the first Monday in September November . 33 For a school district or merged area, in the even-numbered 34 year, the first Tuesday in February, the first Tuesday in 35 -14- HF692.1944.S (3) 88 mb 14/ 56
April March , or the second Tuesday in September , or the second 1 Tuesday in December . 2 Sec. 43. Section 39.12, Code 2019, is amended to read as 3 follows: 4 39.12 Failure to vacate. 5 An elected official who has been elected to another elective 6 office to which section 39.11 applies shall choose only one 7 office in which to serve. The official shall resign from all 8 but one of the offices to which section 39.11 applies before 9 the beginning of the term of the office to which the person 10 was most recently elected. Failure to submit the required 11 resignation will result in a vacancy in all the first elective 12 offices office to which the person was elected. 13 Sec. 44. Section 43.11, subsection 1, Code 2019, is amended 14 to read as follows: 15 1. For an elective county office, in the office of the 16 county commissioner not earlier than ninety-two days nor later 17 than 5:00 p.m. on the sixty-ninth seventy-fourth day before the 18 day fixed for holding the primary election. 19 Sec. 45. Section 43.16, subsection 2, paragraph b, Code 20 2019, is amended to read as follows: 21 b. A person who has filed nomination papers with the 22 commissioner may withdraw as a candidate not later than the 23 sixty-seventh sixty-ninth day before the primary election by 24 notifying the commissioner in writing. 25 Sec. 46. Section 43.23, Code 2019, is amended to read as 26 follows: 27 43.23 Death or withdrawal of primary candidate. 28 1. If a person who has filed nomination papers with the 29 state commissioner as a candidate in a primary election dies 30 or withdraws up to the seventy-sixth day before the primary 31 election, the appropriate convention or central committee of 32 that person’s political party may designate one additional 33 primary election candidate for the nomination that person 34 was seeking, if the designation is submitted to the state 35 -15- HF692.1944.S (3) 88 mb 15/ 56
commissioner in writing by 5:00 p.m. on the seventy-first day 1 before the date of the primary election. The name of any 2 candidate so submitted shall be included in the appropriate 3 certificate or certificates furnished by the state commissioner 4 under section 43.22 . 5 2. If a person who has filed nomination papers with the 6 commissioner as a candidate in a primary election dies or 7 withdraws up to the sixty-seventh sixty-ninth day before 8 the primary election, the appropriate convention or central 9 committee of that person’s political party may designate one 10 additional primary election candidate for the nomination 11 that person was seeking, if the designation is submitted to 12 the commissioner in writing by 5:00 p.m. on the sixty-third 13 sixty-fourth day before the primary election. The name of 14 any candidate so submitted shall be placed on the appropriate 15 ballot or ballots by the commissioner. 16 Sec. 47. Section 43.30, subsection 2, Code 2019, is amended 17 to read as follows: 18 2. The commissioner shall make sample ballots available to 19 the public upon request. The sample ballots shall be clearly 20 marked as sample ballots. A reasonable fee may be charged for 21 printing costs if a person requests multiple copies of sample 22 ballots. The commissioner shall not distribute sample ballots 23 except as provided in this subsection. 24 Sec. 48. Section 43.36, Code 2019, is amended to read as 25 follows: 26 43.36 Australian ballot. 27 The Australian ballot system as now used in this state, 28 except as herein modified, shall be used at said primary 29 election. The endorsement of the precinct election officials 30 and the facsimile of the commissioner’s signature county 31 seal shall appear upon the ballots as provided for general 32 elections. 33 Sec. 49. Section 43.78, subsection 2, Code 2019, is amended 34 to read as follows: 35 -16- HF692.1944.S (3) 88 mb 16/ 56
2. The name of any candidate designated to fill a vacancy 1 on the general election ballot in accordance with subsection 2 1 , paragraph “a” , “b” , or “c” shall be submitted in writing 3 to the state commissioner not later than 5:00 p.m. on the 4 seventy-third seventy-sixth day before the date of the general 5 election. 6 Sec. 50. Section 43.79, Code 2019, is amended to read as 7 follows: 8 43.79 Death of candidate after time for withdrawal. 9 The death of a candidate nominated as provided by law for any 10 office to be filled at a general election, during the period 11 beginning on the eighty-first seventy-fifth day before the 12 general election, in the case of any candidate whose nomination 13 papers were filed with the state commissioner, or beginning 14 on the seventy-third day before the general election, in the 15 case of any candidate whose nomination papers were filed with 16 the commissioner, and ending on the last day before at the 17 time the polls close on the day of the general election shall 18 not operate to remove the deceased candidate’s name from the 19 general election ballot. If the deceased candidate was seeking 20 the office of senator or representative in the Congress of 21 the United States, governor, attorney general, senator or 22 representative in the general assembly or county supervisor, 23 section 49.58 shall control. If the deceased candidate was 24 seeking any other office, and as a result of the candidate’s 25 death a vacancy is subsequently found to exist, the vacancy 26 shall be filled as provided by chapter 69 . 27 Sec. 51. Section 44.1, Code 2019, is amended to read as 28 follows: 29 44.1 Political nonparty Nonparty political organizations. 30 Any convention or caucus of eligible electors representing 31 a political organization which is not a political party as 32 defined by law, may, for the state, or for any division or 33 municipality thereof, or for any county, or for any subdivision 34 thereof, for which such convention or caucus is held, make one 35 -17- HF692.1944.S (3) 88 mb 17/ 56
nomination of a candidate for each office to be filled therein 1 at the general election. However, in order to qualify for 2 any nomination made for a statewide elective office by such 3 a political organization there shall be in attendance at the 4 convention or caucus where the nomination is made a minimum of 5 two hundred fifty five hundred eligible electors including at 6 least one eligible elector from each of twenty-five counties. 7 In order to qualify for any nomination to the office of United 8 States representative there shall be in attendance at the 9 convention or caucus where the nomination is made a minimum 10 of fifty two hundred eligible electors who are residents of 11 the congressional district including at least one eligible 12 elector from each of at least one-half of the counties of 13 the congressional district. In order to qualify for any 14 nomination to an office to be filled by the voters of a county 15 or of a city there shall be in attendance at the convention or 16 caucus where the nomination is made a minimum of ten twenty 17 eligible electors who are residents of the county or city, 18 as the case may be, including at least one eligible elector 19 from at least one-half of the voting precincts in that county 20 or city. In order to qualify for any nomination made for 21 the general assembly there shall be in attendance at the 22 convention or caucus where the nomination is made a minimum 23 of ten twenty-five eligible electors who are residents of the 24 representative district or twenty fifty eligible electors who 25 are residents of the senatorial district, as the case may be, 26 with at least one eligible elector from one-half of the voting 27 precincts in the district in each case. The names of all 28 delegates in attendance at such convention or caucus and such 29 fact shall be certified to the state commissioner together with 30 the other certification requirements of this chapter . 31 Sec. 52. Section 44.4, Code 2019, is amended to read as 32 follows: 33 44.4 Nominations and objections —— time and place of filing. 34 1. a. Nominations made pursuant to this chapter and 35 -18- HF692.1944.S (3) 88 mb 18/ 56
chapter 45 which are required to be filed in the office of the 1 state commissioner shall be filed in that office not more than 2 ninety-nine days nor later than 5:00 p.m. on the seventy-third 3 eighty-first day before the date of the general election to be 4 held in November first Tuesday after the first Monday in June 5 in each even-numbered year . Nominations made for a special 6 election called pursuant to section 69.14 shall be filed by 7 5:00 p.m. not less than twenty-five days before the date of 8 an election called upon at least forty days’ notice and not 9 less than fourteen days before the date of an election called 10 upon at least eighteen days’ notice. Nominations made for 11 a special election called pursuant to section 69.14A shall 12 be filed by 5:00 p.m. not less than twenty-five days before 13 the date of the election. Nominations made pursuant to this 14 chapter and chapter 45 which are required to be filed in the 15 office of the commissioner shall be filed in that office not 16 more than ninety-two days nor later than 5:00 p.m. on the 17 sixty-ninth seventy-fourth day before the date of the general 18 election first Tuesday after the first Monday in June in each 19 even-numbered year . Nominations made pursuant to this chapter 20 or chapter 45 for city office shall be filed not more than 21 seventy-two days nor later than 5:00 p.m. on the forty-seventh 22 day before the city election with the county commissioner 23 of elections responsible under section 47.2 for conducting 24 elections held for the city, who shall process them as provided 25 by law. 26 b. Notwithstanding paragraph “a” , nominations for president 27 and vice president of the United States shall be filed in the 28 office of the state commissioner not more than ninety-nine days 29 nor later than 5:00 p.m. on the eighty-first day before the 30 date of the general election to be held in November. 31 2. a. Objections to the legal sufficiency of a certificate 32 of nomination or nomination petition or to the eligibility 33 of a candidate may be filed by any person who would have the 34 right to vote for a candidate for the office in question. 35 -19- HF692.1944.S (3) 88 mb 19/ 56
The objections must be filed with the officer with whom the 1 certificate or petition is filed and within the following time: 2 (1) Those filed with the state commissioner, not less than 3 sixty-eight seventy-four days before the date of the election. 4 (2) Those filed with the commissioner, not less than 5 sixty-four days before the date of the election, except as 6 provided in subparagraph (3). 7 (3) Those filed with the commissioner for an elective city 8 office, at least forty-two days before the regularly scheduled 9 or special city election. However, for those cities that may 10 be required to hold a primary election, at least sixty-three 11 days before the regularly scheduled or special city election. 12 (4) In the case of nominations to fill vacancies occurring 13 after the time when an original nomination for an office is 14 required to be filed, objections shall be filed within three 15 days after the filing of the certificate. 16 b. Objections shall be filed no later than 5:00 p.m. on the 17 final date for filing. 18 Sec. 53. Section 44.9, subsections 1 and 2, Code 2019, are 19 amended to read as follows: 20 1. In the office of the state commissioner, at least 21 sixty-eight days before the date of the election as provided 22 in section 43.76 . 23 2. In the office of the appropriate commissioner, at least 24 sixty-four days before the date of the election, except as 25 otherwise provided in subsection 6 as provided in section 26 43.76 . 27 Sec. 54. Section 47.2, subsection 2, Code 2019, is amended 28 to read as follows: 29 2. a. When an election is to be held as required by law 30 or is called by a political subdivision of the state and the 31 political subdivision is located in more than one county, the 32 county commissioner of elections of the county having the 33 greatest taxable base within the political subdivision shall 34 conduct that election. The county commissioners of elections 35 -20- HF692.1944.S (3) 88 mb 20/ 56
of the other counties in which the political subdivision 1 is located shall cooperate with the county commissioner of 2 elections who is conducting the election. 3 b. Notwithstanding paragraph “a” , for a city primary 4 election, city runoff election or a special election for 5 a city, school district, or merged area, if a political 6 subdivision is located in more than one county, the county 7 commissioner of elections of a county not having the greatest 8 taxable base within the political subdivision may designate 9 that the controlling commissioner of the political subdivision 10 shall conduct that election if fewer than one hundred and 11 twenty-five registered voters of the political subdivision 12 are located within such county commissioner’s county. If the 13 controlling commissioner is so designated, section 50.24, 14 subsections 3A and 3B, as enacted by 2017 Iowa Acts, ch. 155, 15 828, shall not apply. For the purposes of this paragraph, the 16 number of registered voters shall be the number of registered 17 voters in the political subdivision of a county not having the 18 greatest taxable base on May 1 immediately preceding the first 19 day of the filing period for candidates for the election. If 20 May 1 falls on a day when the county commissioner’s office is 21 closed for business, the county commissioner shall use the 22 number of registered voters on the next day that the county 23 commissioner’s office is open for business to determine the 24 number of registered voters. 25 Sec. 55. Section 47.2, Code 2019, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. The county commissioner shall not 28 participate in an absentee ballot drive or collection effort in 29 cooperation with a candidate, candidate’s committee, political 30 party, or nonparty political organization. However, when a 31 county commissioner is a candidate for election, such a county 32 commissioner may participate in an absentee ballot drive or 33 collection effort, but shall not aid any other candidate, 34 candidate’s committee, political party, or nonparty political 35 -21- HF692.1944.S (3) 88 mb 21/ 56
organization. 1 Sec. 56. NEW SECTION . 47.12 Electronic poll books —— 2 mandatory. 3 Each county commissioner of elections shall, by February 26, 4 2020, ensure that each election precinct uses an electronic 5 poll book. 6 Sec. 57. Section 48A.9, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. Registration closes at 5:00 p.m. eleven days before each 9 election except general elections. For general elections, 10 registration closes at 5:00 p.m. ten days before the election . 11 An eligible elector may register during the time registration 12 is closed in the elector’s precinct but the registration shall 13 not become effective until registration opens again in the 14 elector’s precinct, except as otherwise provided in section 15 48A.7A . 16 Sec. 58. NEW SECTION . 49.2 Oversight by the state 17 commissioner. 18 The state commissioner, or a designee of the state 19 commissioner, may, at the discretion of the state commissioner, 20 oversee the activities of a county commissioner of elections 21 during a period beginning sixty days before an election and 22 ending sixty days after an election. For the purposes of this 23 section, “oversee” means to observe election-related activity, 24 correct any activity not in accordance with law, and issue a 25 written notice and instructions pursuant to section 39A.6 for 26 any technical infractions that are observed. 27 Sec. 59. Section 49.21, Code 2019, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4. The commissioner shall remove or obscure 30 from the view of voters any published material displaying the 31 name of a candidate or elected official other than a ballot or 32 sample ballot or envelope. 33 Sec. 60. NEW SECTION . 49.42B Form of official ballot —— 34 candidates for president and vice president. 35 -22- HF692.1944.S (3) 88 mb 22/ 56
When candidates for president and vice president of the 1 United States appear on the ballot, the following statement 2 shall appear directly above the section of the ballot listing 3 such candidates: 4 [A ballot cast for the named candidates for president 5 and vice president of the United States is considered to be 6 cast for the slate of presidential electors nominated by 7 the political party, nonparty political organization, or 8 independent candidate.] 9 Sec. 61. NEW SECTION . 49.49 Certain sample ballots 10 prohibited. 11 The commissioner and state commissioner of elections shall 12 not distribute or authorize the distribution of sample ballots 13 to voters other than as provided in sections 49.53 and 52.29. 14 Sec. 62. Section 49.51, Code 2019, is amended to read as 15 follows: 16 49.51 Commissioner to control printing. 17 The commissioner shall have charge of the printing of the 18 ballots to be used for any election held in the county, unless 19 the commissioner delegates that authority as permitted by this 20 section . The commissioner may delegate this authority only 21 to another commissioner who is responsible under section 47.2 22 for conducting the elections held for a political subdivision 23 which lies in more than one county, and only with respect to 24 printing of ballots containing only public questions or the 25 names of candidates to be voted upon by the registered voters 26 of that political subdivision. Only one facsimile signature 27 county seal , that of the county of the commissioner under 28 whose direction the ballot is printed, shall appear on the 29 ballot. It is the duty of the commissioner to insure that the 30 arrangement of any ballots printed under the commissioner’s 31 direction conforms to all applicable requirements of this 32 chapter . 33 Sec. 63. Section 49.57, subsection 6, Code 2019, is amended 34 to read as follows: 35 -23- HF692.1944.S (3) 88 mb 23/ 56
6. A portion of the ballot shall include the words “Official 1 ballot”, the unique identification number or name assigned by 2 the commissioner to the ballot style, the date of the election, 3 and a facsimile of the signature the county seal of the county 4 of the commissioner who has caused the ballot to be printed 5 pursuant to section 49.51 . 6 Sec. 64. Section 49.58, subsection 1, Code 2019, is amended 7 to read as follows: 8 1. If any candidate nominated by a political party, 9 as defined in section 43.2 , for the office of senator or 10 representative in the Congress of the United States, governor, 11 attorney general, or senator or representative in the general 12 assembly dies during the period beginning on the eighty-eighth 13 eighty-first day and ending at the time the polls close on the 14 last day before of the general election, or if any candidate 15 so nominated for the office of county supervisor dies during 16 the period beginning on the seventy-third seventy-fourth day 17 and ending at the time the polls close on the last day before 18 of the general election, the vote cast at the general election 19 for that office shall not be canvassed as would otherwise be 20 required by chapter 50 . Instead, a special election shall be 21 held on the first Tuesday after the second Monday in December, 22 for the purpose of electing a person to fill that office. 23 Sec. 65. Section 49.73, subsection 2, Code 2019, is amended 24 to read as follows: 25 2. a. The commissioner shall not shorten voting hours for 26 any election if there is filed in the commissioner’s office, at 27 least twenty-five days before the election, a petition signed 28 by at least fifty eligible electors of the school district 29 or city, as the case may be, requesting that the polls be 30 opened not later than 7:00 a.m. All polling places where the 31 candidates of or any public question submitted by any one 32 political subdivision are being voted upon shall be opened at 33 the same hour, except that this requirement shall not apply 34 to merged areas established under chapter 260C . The hours at 35 -24- HF692.1944.S (3) 88 mb 24/ 56
which the respective precinct polling places are to open shall 1 not be changed after publication of the notice required by 2 section 49.53 . The polling places shall be closed at 9:00 p.m. 3 for state primary and general elections and other partisan 4 elections, and for any other election held concurrently 5 therewith, and at 8:00 p.m. for all other elections. 6 b. The legislative services agency shall place on the 7 internet site of the agency information regarding the opening 8 and closing times of polling places until and including 9 November 7, 2023. This paragraph is repealed effective July 10 1, 2024. 11 Sec. 66. Section 49.82, Code 2019, is amended to read as 12 follows: 13 49.82 Voter to receive one ballot —— endorsement. 14 When an empty voting booth is available, one of the precinct 15 election officials shall endorse the official’s initials on 16 each ballot the voter will receive. The initials shall be 17 placed so that they may be seen when the ballot is properly 18 folded or enclosed in a secrecy folder. The name or signature 19 of the commissioner shall not appear on the ballot except as 20 part of the list of candidates when the commissioner is a 21 candidate for election. The official shall give the voter one 22 and only one of each of the ballots to be voted at that election 23 in that precinct, except as provided by section 49.100 . No 24 ballot without the required official endorsement shall be 25 placed in the ballot box. 26 Sec. 67. Section 49A.6, Code 2019, is amended to read as 27 follows: 28 49A.6 Certification —— sample ballot. 29 The state commissioner of elections shall, not less than 30 sixty-nine sixty-three days preceding any election at which a 31 constitutional amendment or public measure is to be submitted 32 to a vote of the entire people of the state, transmit to the 33 county commissioner of elections of each county a certified 34 copy of the amendment or measure and a sample of the ballot to 35 -25- HF692.1944.S (3) 88 mb 25/ 56
be used in such cases, prepared in accordance with law. 1 Sec. 68. Section 50.44, Code 2019, is amended to read as 2 follows: 3 50.44 Tie vote. 4 1. If Except as otherwise provided in this subsection, 5 if more than the requisite number of persons, including 6 presidential electors, are found to have an equal and the 7 highest number of votes, the election of one of them shall be 8 determined by lot. The name of each of such candidates shall 9 be written on separate pieces of paper, as nearly uniform in 10 size and material as possible, and placed in a receptacle so 11 that the names cannot be seen. In the presence of the board of 12 canvassers, one of them shall publicly draw one of such names, 13 and such person shall be declared elected. The result of such 14 drawing shall be entered upon the abstract of votes and duly 15 recorded, and a certificate of election issued to such person, 16 as provided in this chapter . 17 2. If more than the requisite number of candidates for 18 United States senator or representative to the United States 19 house of representatives are found to have an equal and highest 20 number of votes, a special election shall be held sixty-six 21 days after the final canvass or recount, whichever is later, 22 in which each such candidate shall be the only candidates on 23 the ballot. 24 3. If more than the requisite number of candidates for 25 a statewide elected office, member of the general assembly, 26 member of a board of supervisors, or a partisan office to 27 be filled by a vote of the residents of a whole county, are 28 found to have an equal and highest number of votes, a special 29 election shall be held consistent with section 69.14, in which 30 each such candidate shall be the only candidates on the ballot. 31 4. If more than the requisite number of presidential 32 electors are found to have an equal and the highest number of 33 votes, the presidential electors shall be assigned one-half 34 to each candidate. If there is an odd number of presidential 35 -26- HF692.1944.S (3) 88 mb 26/ 56
electors, the remaining elector shall be assigned by lot. 1 Sec. 69. Section 50.48, subsection 3, Code 2019, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. In addition to the persons listed in 4 paragraph “a” , the candidate requesting the recount and the 5 apparent winning candidate may each submit a request to a 6 commissioner from a county other than the county conducting the 7 recount to be present at the recount. Such a commissioner may 8 report any irregularities observed by the commissioner at any 9 time after the election to the state commissioner. 10 Sec. 70. Section 50.48, subsection 4, paragraph b, Code 11 2019, is amended to read as follows: 12 b. Any member of the recount board may at any time during 13 the recount proceedings for an election for a statewide 14 elected official as defined in section 68B.2 or a United States 15 senator extend the recount of votes cast for the office or 16 nomination in question to any other precinct or precincts in 17 the same county, or from which the returns were reported to 18 the commissioner responsible for conducting the election, 19 without the necessity of posting additional bond. The recount 20 proceedings for an election for any other office shall include 21 all precincts in which a ballot for the election was cast. 22 Sec. 71. NEW SECTION . 50.52 Enforcement. 23 Members of local law enforcement agencies and the state 24 patrol are authorized to take all reasonable actions to prevent 25 violations of this chapter. 26 Sec. 72. Section 53.2, subsection 4, paragraph b, Code 2019, 27 is amended to read as follows: 28 b. If insufficient information has been provided, including 29 the absence of a voter verification number, either on the 30 prescribed form or on an application created by the applicant, 31 the commissioner shall, by the best means available, obtain 32 the additional necessary information within twenty-four hours 33 after the receipt of the absentee ballot request, contact the 34 applicant by telephone and electronic mail, if such information 35 -27- HF692.1944.S (3) 88 mb 27/ 56
has been provided by the applicant. If the commissioner is 1 unable to contact the applicant by telephone or electronic 2 mail, the commissioner shall send a notice to the applicant 3 at the address where the applicant is registered to vote, or 4 to the applicant’s mailing address if it is different from 5 the residence address. If the applicant has requested the 6 ballot to be sent to an address that is not the applicant’s 7 residential or mailing address, the commissioner shall send an 8 additional notice to the address where the applicant requested 9 the ballot to be sent. A commissioner shall not use the voter 10 registration system to obtain additional necessary information . 11 A voter requesting or casting a ballot pursuant to section 12 53.22 shall not be required to provide a voter verification 13 number. The state commissioner shall adopt rules to implement 14 this section. 15 Sec. 73. Section 53.2, subsection 4, Code 2019, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . d. If an applicant does not have current 18 access to the applicant’s voter verification number, the 19 commissioner shall verify the applicant’s identity prior to 20 supplying the voter verification number by asking the applicant 21 to provide at least two of the following facts about the 22 applicant: 23 (1) Date of birth. 24 (2) The last four digits of the applicant’s social security 25 number, if applicable. 26 (3) Residential address. 27 (4) Mailing address. 28 (5) Middle name. 29 (6) Voter verification number as defined in paragraph “c” . 30 Sec. 74. Section 53.10, subsection 2, paragraph a, Code 31 2019, is amended to read as follows: 32 a. Each person who wishes to vote by absentee ballot at 33 the commissioner’s office shall first sign an application 34 for a ballot including the following information: name, 35 -28- HF692.1944.S (3) 88 mb 28/ 56
current address, voter verification number, and the election 1 for which the ballot is requested. The person may report a 2 change of address or other information on the person’s voter 3 registration record at that time. Prior to furnishing a 4 ballot, the commissioner shall verify the person’s identity 5 as provided in section 49.78. The registered voter shall 6 immediately mark the ballot; enclose the ballot in a secrecy 7 envelope, if necessary, and seal it in the envelope marked 8 with the affidavit; subscribe to the affidavit on the reverse 9 side of the envelope; and return the absentee ballot to the 10 commissioner. The commissioner shall record the numbers 11 appearing on the application and affidavit envelope along with 12 the name of the registered voter. 13 Sec. 75. Section 53.10, subsection 2, Code 2019, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . c. If an unregistered person offering to 16 vote an absentee ballot pursuant to this section prior to 17 the deadline in section 48A.9 does not have an Iowa driver’s 18 license, an Iowa nonoperator’s identification card, or a voter 19 identification number assigned to the voter by the state 20 commissioner pursuant to section 47.7, subsection 2, the person 21 may satisfy identity and residence requirements as provided in 22 section 49.78. This section shall also apply to a registered 23 voter casting a ballot pursuant to this section who has not yet 24 received a voter verification number. 25 Sec. 76. Section 53.11, subsection 1, paragraph a, Code 26 2019, is amended to read as follows: 27 a. Not more than twenty-nine days before the date of 28 an election, satellite absentee voting stations may be 29 established throughout the cities and county at the direction 30 of the commissioner and shall be established upon receipt 31 of a petition signed by not less than one hundred eligible 32 electors requesting that a satellite absentee voting station 33 be established at a location to be described on the petition. 34 However, if a special election is scheduled in the county on a 35 -29- HF692.1944.S (3) 88 mb 29/ 56
date that falls between the date of the regular city election 1 and the date of the city runoff election, the commissioner is 2 not required to establish a satellite absentee voting station 3 for the city runoff election. 4 Sec. 77. Section 53.11, subsection 2, paragraph e, Code 5 2019, is amended to read as follows: 6 e. For a special election, no later than thirty-two eighteen 7 days before the special election. 8 Sec. 78. Section 53.11, Code 2019, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 6. The commissioner shall remove or obscure 11 from the view of voters any published material displaying the 12 name of a candidate or elected official other than a ballot or 13 sample ballot or envelope. 14 Sec. 79. Section 53.18, subsections 2 and 3, Code 2019, are 15 amended to read as follows: 16 2. a. If the commissioner receives the return envelope 17 containing the completed absentee ballot by 5:00 p.m. on the 18 Saturday before the election for general elections and by 5:00 19 p.m. on the Friday before the election for all other elections, 20 the commissioner shall review the affidavit marked on the 21 return envelope, if applicable, for completeness or shall open 22 the return envelope to review the affidavit for completeness. 23 If the affidavit is incomplete, the commissioner shall, within 24 twenty-four hours of the time the envelope was received, 25 notify the voter of that fact and that the voter may complete 26 the affidavit in person at the office of the commissioner by 27 5:00 p.m. on the day before the election, vote a replacement 28 ballot in the manner and within the time period provided in 29 subsection 3 , or appear at the voter’s precinct polling place 30 on election day and cast a ballot in accordance with section 31 53.19, subsection 3 . 32 (1) If the affidavit lacks the signature of the registered 33 voter, the commissioner shall, within twenty-four hours of the 34 receipt of the envelope, notify the voter of the deficiency 35 -30- HF692.1944.S (3) 88 mb 30/ 56
and inform the voter that the voter may vote a replacement 1 ballot as provided in subsection 3, cast a ballot as provided 2 in section 53.19, subsection 3, or complete the affidavit in 3 person at the office of the commissioner not later than noon on 4 the Monday following the election, or if the law authorizing 5 the election specifies that the votes be canvassed earlier than 6 the Monday following the election, before the canvass of the 7 election. 8 (2) If the affidavit appears to have been signed by someone 9 other than the registered voter, the commissioner shall, within 10 twenty-four hours of the receipt of the envelope, notify the 11 voter of the deficiency and inform the voter that the voter may 12 vote a replacement ballot as provided in subsection 3, cast a 13 ballot as provided in section 53.19, subsection 3, or complete 14 the affidavit in person at the office of the commissioner by 15 providing proof of identity as provided in section 49.78 not 16 later than noon on the Monday following the election, or if 17 the law authorizing the election specifies that the votes be 18 canvassed earlier than the Monday following the election, 19 before the canvass of the election. 20 b. If the commissioner receives the return envelope 21 containing the completed absentee ballot after the deadline 22 in paragraph “a” , the commissioner shall submit the affidavit 23 to the absentee and special voters precinct board for review. 24 If the absentee and special voters precinct determines that 25 the affidavit is incomplete, the commissioner shall, within 26 twenty-four hours of the determination, notify the voter. 27 (1) If the affidavit lacks the signature of the registered 28 voter, the commissioner shall notify the voter that the voter 29 may complete the affidavit in person at the office of the 30 commissioner not later than noon on the Monday following the 31 election, or if the law authorizing the election specifies that 32 the votes be canvassed earlier than the Monday following the 33 election, before the canvass of the election. 34 (2) If the affidavit appears to have been signed by someone 35 -31- HF692.1944.S (3) 88 mb 31/ 56
other than the registered voter, the commissioner shall 1 notify the voter that the voter may complete the affidavit in 2 person at the office of the commissioner by providing proof of 3 identity as provided in section 49.78 not later than noon on 4 the Monday following the election, or if the law authorizing 5 the election specifies that the votes be canvassed earlier than 6 the Monday following the election, before the canvass of the 7 election. 8 3. If the affidavit envelope or the return envelope marked 9 with the affidavit contains a defect that would cause the 10 absentee ballot to be rejected by the absentee and special 11 voters precinct board, the commissioner shall immediately 12 notify the voter of that fact and that the voter’s absentee 13 ballot shall not be counted unless the voter requests and 14 returns a replacement ballot in the time permitted under 15 section 53.17, subsection 2 . For the purposes of this section , 16 a return envelope marked with the affidavit shall be considered 17 to contain a defect if it appears to the commissioner that 18 the signature on the envelope has been signed by someone 19 other than the registered voter, in comparing the signature 20 on the envelope to the signature on record of the registered 21 voter named on the envelope. A signature or marking made 22 in accordance with section 39.3, subsection 17 , shall not 23 be considered a defect for purposes of this section . The 24 voter may request a replacement ballot in person, in writing, 25 or over the telephone. The same serial number that was 26 assigned to the records of the original absentee ballot 27 application shall be used on the envelope and records of the 28 replacement ballot. The envelope marked with the affidavit and 29 containing the completed replacement ballot shall be marked 30 “Replacement ballot”. The envelope marked with the affidavit 31 and containing the original ballot shall be marked “Defective” 32 and the replacement ballot shall be attached to such envelope 33 containing the original ballot and shall be stored in a secure 34 place until they are delivered to the absentee and special 35 -32- HF692.1944.S (3) 88 mb 32/ 56
voters precinct board, notwithstanding sections 53.26 and 1 53.27 . 2 Sec. 80. Section 53.18, Code 2019, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 04. For the purposes of this section, a 5 return envelope marked with the affidavit shall be considered 6 incomplete if it lacks the registered voter’s signature or it 7 appears to the commissioner that the signature on the envelope 8 has been signed by someone other than the registered voter, 9 in comparing the signature on the envelope to the signature 10 on record of the registered voter named on the envelope. A 11 signature or marking made in accordance with section 39.3, 12 subsection 17, shall not cause an affidavit to be considered 13 incomplete. 14 Sec. 81. Section 53.22, subsection 3, Code 2019, is amended 15 to read as follows: 16 3. Any registered voter who becomes a patient, tenant, or 17 resident of a hospital, assisted living program, or health care 18 facility in the county where the voter is registered to vote 19 within three days prior to the date of any election after the 20 deadline to make a written application for an absentee ballot 21 as provided in section 53.2 or on election day may request an 22 absentee ballot during that period or on election day. As an 23 alternative to the application procedure prescribed by section 24 53.2 , the registered voter may make the request directly to 25 the officers who are delivering and returning absentee ballots 26 under this section . Alternatively, the request may be made by 27 telephone to the office of the commissioner not later than four 28 hours before the close of the polls. If the requester is found 29 to be a registered voter of that county, these officers shall 30 deliver the appropriate absentee ballot to the registered voter 31 in the manner prescribed by this section . 32 Sec. 82. Section 53.22, subsection 6, paragraph a, Code 33 2019, is amended to read as follows: 34 a. If the registered voter becomes a patient, tenant, or 35 -33- HF692.1944.S (3) 88 mb 33/ 56
resident of a hospital, assisted living program, or health 1 care facility outside the county where the voter is registered 2 to vote within three days before the date of any election 3 after the deadline to make a written application for an 4 absentee ballot as provided in section 53.2 or on election 5 day, the voter may designate a person to deliver and return 6 the absentee ballot. The designee may be any person the voter 7 chooses except that no candidate for any office to be voted 8 upon for the election for which the ballot is requested may 9 deliver a ballot under this subsection . The request for an 10 absentee ballot may be made by telephone to the office of the 11 commissioner not later than four hours before the close of the 12 polls. If the requester is found to be a registered voter of 13 that county, the ballot shall be delivered by mail or by the 14 person designated by the voter. An application form shall be 15 included with the absentee ballot and shall be signed by the 16 voter and returned with the ballot. 17 Sec. 83. Section 53.22, Code 2019, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 9. A person voting pursuant to this section 20 shall not be subject to signature verification pursuant to 21 section 53.18. 22 Sec. 84. Section 58.1, Code 2019, is amended to read as 23 follows: 24 58.1 Notice —— grounds. 25 The contestant for the office of governor shall, within 26 thirty fourteen days after the proclamation of the result of 27 the election, deliver to the presiding officer of each house 28 of the general assembly a notice of intent to contest, and a 29 specification of the grounds of such contest, as provided in 30 chapter 62 . 31 Sec. 85. Section 58.4, subsections 1 and 2, Code 2019, are 32 amended to read as follows: 33 1. The names of members of each house, except the presiding 34 officer and the majority and minority leaders , written on 35 -34- HF692.1944.S (3) 88 mb 34/ 56
similar paper tickets, shall be placed in a box, the names of 1 the senators in their presence by their secretary, and the 2 names of the representatives in their presence by their clerk. 3 2. The secretary of the senate in the presence of the 4 senate, and the clerk of the house of representatives in 5 the presence of the house, shall draw from their respective 6 boxes the names of seven five members each. The majority and 7 minority leaders of each house shall also serve on the contest 8 court. 9 Sec. 86. Section 68A.405, subsection 1, paragraph a, 10 subparagraph (3), Code 2019, is amended to read as follows: 11 (3) “Published material” means any newspaper, magazine, 12 shopper, outdoor advertising facility, poster, direct mailing, 13 brochure, internet site, campaign sign, or any other form of 14 printed or electronic general public political advertising. 15 “Published material” includes television, video, or motion 16 picture advertising , automated telephone calls, or text 17 messages . 18 Sec. 87. Section 68A.405, subsection 1, Code 2019, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . i. An organization that sends a text message 21 described by this section may abbreviate the words “paid for 22 by” as “Pfb:”. An organization may use the full name of the 23 organization or the last name of the candidate followed by 24 the organization’s committee identification number. If the 25 organization is a political party, the name of the organization 26 may be abbreviated. 27 Sec. 88. NEW SECTION . 68A.507 Deceptive names prohibited. 28 No person shall place on any published material, as defined 29 in section 68A.405, a name or abbreviation of a name intended 30 to cause a voter to believe that the person represents a 31 political party or nonparty political organization of which the 32 person is not a candidate. 33 Sec. 89. Section 69.9, Code 2019, is amended to read as 34 follows: 35 -35- HF692.1944.S (3) 88 mb 35/ 56
69.9 Person removed not eligible. 1 No person can be appointed to fill a vacancy who has been 2 removed from office within one year next preceding . 3 Sec. 90. Section 69.14, Code 2019, is amended to read as 4 follows: 5 69.14 Special election to fill vacancies. 6 1. A special election to fill a vacancy shall be held for a 7 representative in Congress, when Congress is in session or will 8 convene prior to the next general election, or for a senator or 9 representative in the general assembly, when the body in which 10 such vacancy exists is in session, or the general assembly will 11 convene prior to the next general election, and the governor 12 shall order, not later than five days from the date the vacancy 13 exists, a special election, giving not less than forty days’ 14 notice of such election. 15 2. In the event the special election is to fill a vacancy 16 in the general assembly while it is in session or within 17 forty-five days of the convening of any session, the time limit 18 provided in this section shall not apply and the governor 19 shall order such , not later than five days after the day the 20 vacancy occurs, a special election at the earliest practical 21 time , giving at least eighteen twenty-one, but no more than 22 forty-two, days’ notice of the special election. Any special 23 election called under this section must be held on a Tuesday 24 and shall not be held on the same day as a school election 25 within the district. 26 Sec. 91. Section 445.5, subsection 1, Code 2019, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . i. Until November 7, 2023, the hours during 29 which polling places are open on election days. This paragraph 30 is repealed effective July 1, 2024. 31 Sec. 92. SATELLITE ABSENTEE VOTING LOCATION REPORTS. 32 1. Each county commissioner of elections shall complete 33 a report to be submitted to the general assembly on each 34 state-owned building in the county that may be petitioned for a 35 -36- HF692.1944.S (3) 88 mb 36/ 56
satellite absentee voting location. The report shall address 1 all of the following: 2 a. The impact on the safety of the public, including 3 students where applicable, using the building other than for 4 satellite voting. 5 b. The impact on the function and public use of the 6 building and state-owned property caused by hosting a satellite 7 absentee voting location, including but not limited to hours of 8 operation, space removed from public use, parking, and building 9 access. 10 c. The cost of using state-owned public buildings to host 11 and operate satellite absentee voting locations. 12 d. The impact of electioneering laws on first amendment 13 rights of the Constitution of the United States in state-owned 14 buildings. 15 2. Each report shall be submitted to the general assembly by 16 December 1, 2019. 17 DIVISION VIII 18 CONFLICTS OF INTEREST 19 Sec. 93. Section 314.2, Code 2019, is amended by striking 20 the section and inserting in lieu thereof the following: 21 314.2 Conflicts of interest. 22 A state or county official who is a voting member of a 23 governmental entity responsible for awarding a contract 24 pursuant to section 314.1 and is the apparent low bidder for 25 the contract shall not participate in a vote to award the 26 contract and shall include an explanation of the official’s 27 conflict in the resolution entered pursuant to section 26.12. 28 Sec. 94. EFFECTIVE DATE. This division of this Act takes 29 effect January 1, 2023. 30 DIVISION IX 31 VOTER REGISTRATION 32 Sec. 95. Section 47.7, Code 2019, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 3. The state registrar of voters shall use 35 -37- HF692.1944.S (3) 88 mb 37/ 56
information from the electronic registration information center 1 to update information in the statewide voter registration 2 system, including but not limited to the following reports: 3 a. In-state duplicates. 4 b. In-state updates. 5 c. Cross-state matches. 6 d. Deceased. 7 e. Eligible but unregistered. 8 f. National change of address. 9 Sec. 96. Section 48A.10A, subsection 1, Code 2019, is 10 amended to read as follows: 11 1. The state registrar shall compare lists of persons who 12 are registered to vote with the department of transportation’s 13 driver’s license and nonoperator’s identification card files 14 and shall, on an initial basis, issue a voter identification 15 card to each active, registered voter whose name does not 16 appear in the department of transportation’s files. The voter 17 identification card shall include the name of the registered 18 voter, a signature line above which the registered voter shall 19 sign the voter identification card, the registered voter’s 20 identification number assigned to the voter pursuant to section 21 47.7, subsection 2 , and an additional four-digit personal 22 identification number assigned by the state commissioner , and 23 the times during which polling places will be open on election 24 days . 25 Sec. 97. Section 48A.26B, Code 2019, is amended to read as 26 follows: 27 48A.26B Form of acknowledgment. 28 The state registrar shall adopt rules pursuant to chapter 29 17A to prescribe the form of written acknowledgments sent to 30 a registrant by a commissioner pursuant to section 48A.26 or 31 48A.26A . An acknowledgment sent after March 1, 2022, shall 32 include the times during which polling places will be open on 33 election days. 34 Sec. 98. Section 48A.27, subsection 4, paragraph c, 35 -38- HF692.1944.S (3) 88 mb 38/ 56
subparagraph (2), Code 2019, is amended to read as follows: 1 (2) The notice shall contain a statement in substantially 2 the following form: 3 Information received from the United States postal service 4 indicates that you are no longer a resident of, and therefore 5 not eligible to vote in (name of county) County, Iowa. If this 6 information is not correct, and you still live in (name of 7 county) County, please complete and mail the attached postage 8 paid card at least ten days before the primary or general 9 election and at least eleven days before any other election at 10 which you wish to vote. If the information is correct and you 11 have moved, please contact a local official in your new area 12 for assistance in registering there. If you do not mail in 13 the card, you may be required to show identification before 14 being allowed to vote in (name of county) County. If you do not 15 return the card, and you do not vote in an election in (name 16 of county) County, Iowa, on or before (date of second general 17 election following the date of the notice) your name will be 18 removed from the list of voters in that county. 19 Sec. 99. Section 48A.28, subsections 1 and 2, Code 2019, are 20 amended to read as follows: 21 1. Each commissioner shall conduct a systematic program 22 that makes a reasonable effort to remove from the official list 23 of registered voters the names of registered voters who have 24 changed residence from their registration addresses. Either or 25 both of the methods described in this section may be used. 26 2. a. A commissioner may shall participate in the United 27 States postal service national change of address program, as 28 provided in section 48A.27 . The state voter registration 29 commission shall adopt rules establishing specific requirements 30 for participation and use of the national change of address 31 program. 32 b. A commissioner participating in the national change of 33 address program, in the first quarter of each calendar year 34 during the January immediately following each presidential 35 -39- HF692.1944.S (3) 88 mb 39/ 56
election , shall send a notice and preaddressed, postage paid 1 return card by forwardable mail to each registered voter 2 whose name was not reported by the national change of address 3 program and who has not voted in two or more consecutive 4 general elections the previous presidential election and has 5 not registered again, or who has not reported a change to an 6 existing registration , or who has not responded to a notice 7 from the commissioner or registrar during the period between 8 and following the previous two general elections . Registered 9 voters receiving such notice shall be marked inactive. The 10 form and language of the notice and return card shall be 11 specified by the state voter registration commission by rule. 12 A registered voter shall not be sent a notice and return card 13 under this subsection more frequently than once in a four-year 14 period. 15 Sec. 100. Section 48A.28, subsection 3, Code 2019, is 16 amended by striking the subsection. 17 Sec. 101. Section 48A.29, subsection 1, paragraph b, Code 18 2019, is amended to read as follows: 19 b. The notice shall contain a statement in substantially the 20 following form: 21 Information received from the United States postal service 22 indicates that you are no longer a resident of (residence 23 address) in (name of county) County, Iowa. If this information 24 is not correct, and you still live in (name of county) County, 25 please complete and mail the attached postage paid card at 26 least ten days before the primary or general election and at 27 least eleven days before any other election at which you wish 28 to vote. If the information is correct, and you have moved, 29 please contact a local official in your new area for assistance 30 in registering there. If you do not mail in the card, you may 31 be required to show identification before being allowed to vote 32 in (name of county) County. If you do not return the card, and 33 you do not vote in some election in (name of county) County, 34 Iowa, on or before (date of second general election following 35 -40- HF692.1944.S (3) 88 mb 40/ 56
the date of the notice) your name will be removed from the list 1 of voters in that county. 2 Sec. 102. Section 48A.29, subsection 3, paragraph b, Code 3 2019, is amended to read as follows: 4 b. The notice shall contain a statement in substantially the 5 following form: 6 Information received by this office indicates that you are no 7 longer a resident of (residence address) in (name of county) 8 County, Iowa. If the information is not correct, and you still 9 live at that address, please complete and mail the attached 10 postage paid card at least ten days before the primary or 11 general election and at least eleven days before any other 12 election at which you wish to vote. If the information is 13 correct, and you have moved within the county, you may update 14 your registration by listing your new address on the card and 15 mailing it back. If you have moved outside the county, please 16 contact a local official in your new area for assistance in 17 registering there. If you do not mail in the card, you may be 18 required to show identification before being allowed to vote in 19 (name of county) County. If you do not return the card, and you 20 do not vote in some election in (name of county) County, Iowa, 21 on or before (date of second general election following the 22 date of the notice) your name will be removed from the list of 23 registered voters in that county. 24 Sec. 103. Section 48A.30, subsection 1, paragraph g, Code 25 2019, is amended to read as follows: 26 g. The registered voter’s registration record has been 27 inactive pursuant to section 48A.28 or 48A.29 for two 28 successive consecutive general elections after notice was sent . 29 Sec. 104. Section 48A.37, subsection 2, Code 2019, is 30 amended to read as follows: 31 2. Electronic records shall include a status code 32 designating whether the records are active, inactive, 33 incomplete, pending, or canceled. Inactive records are records 34 of registered voters to whom notices have been sent pursuant 35 -41- HF692.1944.S (3) 88 mb 41/ 56
to section 48A.28, subsection 3, and who have not returned 1 the card or otherwise responded to the notice, and those 2 records have been designated inactive pursuant to section 3 48A.29 . Inactive records are also records of registered 4 voters to whom notices have been sent pursuant to section 5 48A.26A and who have not responded to the notice. Incomplete 6 records are records missing required information pursuant to 7 section 48A.11, subsection 8 . Pending records are records of 8 applicants whose applications have not been verified pursuant 9 to section 48A.25A . Canceled records are records that have 10 been canceled pursuant to section 48A.30 . All other records 11 are active records. An inactive record shall be made active 12 when the registered voter requests an absentee ballot, votes 13 at an election, registers again, or reports a change of name, 14 address, telephone number, or political party or organization 15 affiliation. An incomplete record shall be made active when 16 a completed application is received from the applicant and 17 verified pursuant to section 48A.25A . A pending record shall 18 be made active upon verification or upon the voter providing 19 identification pursuant to section 48A.8 . 20 Sec. 105. NEW SECTION . 48A.39A Voter list maintenance 21 reports. 22 1. The commissioner of registration shall annually 23 submit to the state registrar of voters a report regarding 24 the number of voter registration records marked inactive or 25 canceled pursuant to sections 48A.28 through 48A.30. The state 26 registrar of voters shall publish such reports on the internet 27 site of the state registrar of voters. 28 2. The state registrar of voters shall determine by rule the 29 form and submission deadline of reports submitted pursuant to 30 subsection 1. 31 DIVISION X 32 BALLOT ORDER 33 Sec. 106. Section 49.31, subsection 1, paragraph b, Code 34 2019, is amended to read as follows: 35 -42- HF692.1944.S (3) 88 mb 42/ 56
b. (1) The commissioner shall determine the order of 1 political parties and nonparty political organizations 2 candidates on the ballot as provided in this paragraph . The 3 sequence order shall be the same for each office on the ballot 4 and for each precinct in the county voting in the election. 5 (2) The state commissioner shall compile a list of each 6 county in the state in alphabetical order and assign a number 7 to each county such that the first county listed is number 8 one, the second county listed is number two, and continuing 9 in descending order in the same manner. The commissioner 10 shall put in alphabetical order the top two political parties 11 receiving the highest votes from the most recent election. 12 (3) The commissioner of each county assigned an even number 13 pursuant to subparagraph (2) shall arrange the ballot as 14 follows: 15 (a) The candidates of the first political party by 16 alphabetical order pursuant to subparagraph (2) shall appear 17 first on the ballot for the first general election at which the 18 president of the United States is to be elected following the 19 effective date of this Act and second on the ballot for the 20 first general election at which the governor will be elected 21 following the effective date of this Act and second on the 22 ballot for the second general election at which the president 23 of the United States is to be elected following the effective 24 date of this Act and first on the ballot for the second general 25 election at which the governor will be elected following the 26 effective date of this Act, and thereafter alternating with the 27 candidates of the second political party by alphabetical order 28 pursuant to subparagraph (2). 29 (b) The candidates of the second political party by 30 alphabetical order pursuant to subparagraph (2) shall appear 31 second on the ballot for the first general election at which 32 the president of the United States is to be elected following 33 the effective date of this Act and first on the ballot for 34 the first general election at which the governor will be 35 -43- HF692.1944.S (3) 88 mb 43/ 56
elected following the effective date of this Act and first 1 on the ballot for the second general election at which the 2 president of the United States is to be elected following the 3 effective date of this Act and second on the ballot for the 4 second general election at which the governor will be elected 5 following the effective date of this Act, and thereafter 6 alternating with the candidates of the first political party by 7 alphabetical order pursuant to subparagraph (2). 8 (4) The commissioner of each county assigned an odd number 9 pursuant to subparagraph (2) shall arrange the ballot as 10 follows: 11 (a) The candidates of the second political party by 12 alphabetical order pursuant to subparagraph (2) shall appear 13 first on the ballot for the first general election at which the 14 president of the United States is to be elected following the 15 effective date of this Act and second on the ballot for the 16 first general election at which the governor will be elected 17 following the effective date of this Act and second on the 18 ballot for the second general election at which the president 19 of the United States is to be elected following the effective 20 date of this Act and first on the ballot for the second general 21 election at which the governor will be elected following the 22 effective date of this Act, and thereafter alternating with the 23 candidates of the first political party by alphabetical order 24 pursuant to subparagraph (2). 25 (b) The candidates of the first political party by 26 alphabetical order pursuant to subparagraph (2) shall appear 27 second on the ballot for the first general election at which 28 the president of the United States is to be elected following 29 the effective date of this Act and first on the ballot for 30 the first general election at which the governor will be 31 elected following the effective date of this Act and first 32 on the ballot for the second general election at which the 33 president of the United States is to be elected following the 34 effective date of this Act and second on the ballot for the 35 -44- HF692.1944.S (3) 88 mb 44/ 56
second general election at which the governor will be elected 1 following the effective date of this Act, and thereafter 2 alternating with the candidates of the second political party 3 by alphabetical order pursuant to subparagraph (2). 4 (c) The commissioner shall determine the order of 5 candidates of nonparty political organizations on the ballot. 6 The order shall be the same for each office on the ballot and 7 for each precinct in the county voting in the election. 8 Sec. 107. Section 49.31, subsection 2, paragraph b, Code 9 2019, is amended to read as follows: 10 b. The Notwithstanding any provision of subsection 1, 11 paragraph “b” , to the contrary, the commissioner shall then 12 arrange the surnames of each political party’s candidates for 13 each office to which two or more persons are to be elected at 14 large alphabetically for the respective offices for the first 15 precinct on the list; thereafter, for each political party and 16 for each succeeding precinct, the names appearing first for 17 the respective offices in the last preceding precinct shall 18 be placed last, so that the names that were second before the 19 change shall be first after the change. The commissioner may 20 also rotate the names of candidates of a political party in the 21 reverse order of that provided in this subsection or alternate 22 the rotation so that the candidates of different parties shall 23 not be paired as they proceed through the rotation. The 24 procedure for arrangement of names on ballots provided in this 25 section shall likewise be substantially followed in elections 26 in political subdivisions of less than a county. 27 DIVISION XI 28 MUNICIPAL ELECTIONS 29 Sec. 108. Section 44.9, subsection 3, Code 2019, is amended 30 to read as follows: 31 3. In the office of the proper school board secretary, at 32 least thirty-five forty-two days before the day of a regularly 33 scheduled school election. 34 Sec. 109. Section 50.48, subsection 7, Code 2019, is amended 35 -45- HF692.1944.S (3) 88 mb 45/ 56
to read as follows: 1 7. If the election is an election held by a city which 2 is not the final election for the office in question a city 3 primary election held pursuant to section 376.7 , the recount 4 shall progress according to the times provided by this 5 subsection . If this subsection applies the canvass shall be 6 held by the second day after the election, the request for 7 a recount must be made by the third day after the election, 8 the board shall convene to conduct the recount by the sixth 9 day after the election, and the report shall be filed by the 10 eleventh eighth day after the election. 11 Sec. 110. Section 50.48, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 8. When a city council has chosen a runoff 14 election pursuant to section 376.9, the recount shall progress 15 according to the times provided by this subsection. If this 16 subsection applies, the canvass shall be conducted pursuant 17 to section 50.24. The request for a recount must be made 18 by the day after the canvass, and the board shall convene 19 for the first time not later than the first Friday following 20 the canvass. The report shall be filed not later than the 21 fourteenth day after the election. 22 Sec. 111. Section 260C.12, subsection 1, as amended by 23 2017 Iowa Acts, chapter 155, section 2, is amended to read as 24 follows: 25 1. The board of directors of the merged area shall organize 26 at the first regular meeting following the regular school 27 election or at a special meeting called by the secretary of the 28 board to organize the board in advance of the first regular 29 meeting following the regular school election after the canvass 30 for the regular school election . Organization of the board 31 shall be effected by the election of a president and other 32 officers from the board membership as board members determine. 33 The board of directors shall appoint a secretary and a 34 treasurer who shall each give bond as prescribed in section 35 -46- HF692.1944.S (3) 88 mb 46/ 56
291.2 and who shall each receive the salary determined by the 1 board. The secretary and treasurer shall perform duties under 2 chapter 291 and additional duties the board of directors deems 3 necessary. However, the board may appoint one person to serve 4 as the secretary and treasurer. If one person serves as the 5 secretary and treasurer, only one bond is necessary for that 6 person. The frequency of meetings other than organizational 7 meetings shall be as determined by the board of directors but 8 the president or a majority of the members may call a special 9 meeting at any time. 10 Sec. 112. Section 260C.15, subsection 5, as amended by 11 2017 Iowa Acts, chapter 155, section 4, is amended to read as 12 follows: 13 5. The votes cast in the election shall be canvassed and 14 abstracts of the votes cast shall be certified as required by 15 section 277.20 . In each county whose commissioner of elections 16 is responsible under section 47.2 for conducting elections 17 held for a merged area, the county board of supervisors shall 18 convene on the last Monday in November or at the last regular 19 board meeting in November, on the second Monday or Tuesday 20 after the day of the election to canvass the abstracts of votes 21 cast and declare the results of the voting. The commissioner 22 shall at once issue certificates of election to each person 23 declared elected, and shall certify to the merged area board in 24 substantially the manner prescribed by section 50.27 the result 25 of the voting on any public question submitted to the voters 26 of the merged area. Members elected to the board of directors 27 of a merged area shall qualify by taking the oath of office 28 prescribed in section 277.28 . 29 Sec. 113. Section 277.4, subsection 3, Code 2019, is amended 30 to read as follows: 31 3. The secretary of the school board shall accept the 32 petition for filing if on its face it appears to have the 33 requisite number of signatures and if it is timely filed. The 34 secretary of the school board shall note upon each petition 35 -47- HF692.1944.S (3) 88 mb 47/ 56
and affidavit accepted for filing the date and time that the 1 petition was filed. The secretary of the school board shall 2 deliver all nomination petitions, together with the complete 3 text of any public measure being submitted by the board to the 4 electorate, to the county commissioner of elections on the day 5 following the last day on which nomination petitions can be 6 filed, and not later than 5:00 p.m. 12:00 noon on that day. 7 Sec. 114. Section 279.1, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. The board of directors of each school corporation shall 10 meet and organize at the first regular meeting or at a special 11 meeting called by the secretary of the board to organize the 12 board in advance of the first regular meeting after the canvass 13 for the regular school election at some suitable place to be 14 designated by the secretary. Notice of the place and hour of 15 the meeting shall be given by the secretary to each member and 16 member-elect of the board. 17 Sec. 115. Section 279.7, subsection 3, Code 2019, is amended 18 to read as follows: 19 3. In the case of a special election as provided in this 20 section to fill a vacancy occurring among the elective officers 21 or members of a school board before the expiration of a full 22 term, the person so elected shall qualify within ten days 23 thereafter from the final canvass of the election by the county 24 board in the manner required by section 277.28 and shall hold 25 office for the residue of the unexpired term and until a 26 successor is elected, or appointed, and qualified. 27 Sec. 116. Section 376.5, Code 2019, is amended to read as 28 follows: 29 376.5 Publication of ballot. 30 Notice containing a copy of the ballot for each regular, 31 special, primary, or runoff city election must be published by 32 the county commissioner of elections as provided in section 33 362.3 , except that notice of a regular, primary, or runoff 34 election may be published not less than four days before the 35 -48- HF692.1944.S (3) 88 mb 48/ 56
date of the election. The published ballot notice must contain 1 the names of all candidates, and may not contain any party 2 designations. The published ballot notice must contain any 3 question to be submitted to the voters. 4 Sec. 117. Section 376.7, Code 2019, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. If the city holding a primary 7 election is located in more than one county, the controlling 8 commissioner for that city under section 47.2, subsection 9 2, shall conduct a second canvass on the first Monday or 10 Tuesday after the day of the election. However, if a recount 11 is requested pursuant to section 50.48, the controlling 12 commissioner shall conduct the second canvass within two 13 business days after the conclusion of the recount proceeding. 14 Each commissioner conducting a canvass for the city pursuant 15 to section 50.24, subsection 1, shall transmit abstracts for 16 the offices of that city to the controlling commissioner for 17 that city, along with individual tallies for each write-in 18 candidate. At the second canvass, the county board of 19 supervisors of the county of the controlling commissioner shall 20 canvass the abstracts received pursuant to this subsection and 21 shall prepare a combined city abstract stating the number of 22 votes cast in the city for each office. The combined city 23 abstract shall further indicate the name of each person who 24 received votes for each office on the ballot, and the number of 25 votes each person received for that office. The votes of all 26 write-in candidates who each received less than five percent 27 of the total votes cast in the city for an office shall be 28 reported collectively under the heading “scattering”. 29 Sec. 118. Section 376.9, subsection 1, Code 2019, is amended 30 to read as follows: 31 1. A runoff election may be held only for positions unfilled 32 because of failure of a sufficient number of candidates to 33 receive a majority vote in the regular city election. When a 34 council has chosen a runoff election in lieu of a primary, the 35 -49- HF692.1944.S (3) 88 mb 49/ 56
county board of supervisors shall publicly canvass the tally 1 lists of the vote cast in the regular city election, following 2 the procedures prescribed in section 50.24 , at a meeting to be 3 held on the second day following the regular city election, and 4 beginning no earlier than 1:00 p.m. on that day . Candidates 5 who do not receive a majority of the votes cast for an office, 6 but who receive the highest number of votes cast for that 7 office in the regular city election, to the extent of twice 8 the number of unfilled positions, are candidates in the runoff 9 election. 10 Sec. 119. 2017 Iowa Acts, chapter 155, section 45, is 11 amended to read as follows: 12 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 13 1. Notwithstanding the provisions of section 260C.11 14 designating a term of