House File 692 S-3119 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- HF692.1542 (2) 88 ss/jh 1/ 59 #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- HF692.1542 (2) 88 ss/jh 2/ 59
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- HF692.1542 (2) 88 ss/jh 3/ 59
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- HF692.1542 (2) 88 ss/jh 4/ 59
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- HF692.1542 (2) 88 ss/jh 5/ 59
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- HF692.1542 (2) 88 ss/jh 6/ 59
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- HF692.1542 (2) 88 ss/jh 7/ 59
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- HF692.1542 (2) 88 ss/jh 8/ 59
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- HF692.1542 (2) 88 ss/jh 9/ 59
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- HF692.1542 (2) 88 ss/jh 10/ 59
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 paragraphs 8 “b” and “c” of this subsection , or section 48A.26A, within seven 9 working days of receipt of a voter registration form or change 10 of information in a voter registration record the commissioner 11 shall send an acknowledgment to the registrant at the mailing 12 address shown on the registration form. The acknowledgment 13 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- HF692.1542 (2) 88 ss/jh 11/ 59
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- HF692.1542 (2) 88 ss/jh 12/ 59
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- HF692.1542 (2) 88 ss/jh 13/ 59
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 NOMINATIONS BY PETITION 11 Sec. 42. Section 43.20, subsection 1, Code 2019, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 1. Nomination papers shall be signed by eligible electors as 15 provided in section 45.1. 16 Sec. 43. Section 45.1, subsections 1, 2, 3, 4, 5, 6, 8, and 17 9, Code 2019, are amended to read as follows: 18 1. Nominations for candidates for president and vice 19 president, governor and lieutenant governor, and for other 20 statewide elected offices United States senator may be made by 21 nomination petitions signed by not less than one thousand five 22 hundred four thousand eligible electors residing in , including 23 at least two hundred eligible electors from not less than ten 24 counties of the state. 25 2. Nominations for candidates for a representative in 26 the United States house of representatives may be made by 27 nomination petitions signed by not less than the number of 28 eligible electors equal to the number of signatures required in 29 subsection 1 divided by the number of congressional districts. 30 Signers of the petition shall be eligible electors who are 31 residents of the congressional district two thousand eligible 32 electors who are residents of the congressional district, 33 including seventy-seven eligible electors from at least 34 one-half of the counties in the congressional district . 35 -14- HF692.1542 (2) 88 ss/jh 14/ 59
3. Nominations for candidates for the state senate may 1 be made by nomination petitions signed by not less than one 2 two hundred eligible electors who are residents of the senate 3 district. 4 4. Nominations for candidates for the state house of 5 representatives may be made by nomination petitions signed 6 by not less than fifty one hundred eligible electors who are 7 residents of the representative district. 8 5. Nominations for candidates for offices filled by the 9 voters of a whole county may be made by nomination petitions 10 signed by at least two hundred eligible electors who are 11 residents of the county equal in number to at least one percent 12 of the number of registered voters in the county on July 1 in 13 the year preceding the year in which the office will appear on 14 the ballot, or by at least two hundred fifty eligible electors 15 who are residents of the county, whichever is less . 16 6. Nominations for candidates for the office of county 17 supervisor elected by the voters of a supervisor district may 18 be made by nomination petitions signed by at least two hundred 19 eligible electors who are residents of the supervisor district 20 equal in number to at least one percent of the number of 21 registered voters in the supervisor district on July 1 in the 22 year preceding the year in which the office will appear on the 23 ballot, or by at least one hundred fifty eligible electors who 24 are residents of the supervisor district, whichever is less . 25 8. Nominations for candidates for elective offices in 26 cities where the council has adopted nominations under this 27 chapter may be submitted as follows: 28 a. Except as otherwise provided in subsection 9 , in cities 29 having a population of three thousand five hundred twenty 30 thousand or greater according to the most recent federal 31 decennial census, nominations may be made by nomination papers 32 signed by not less than twenty-five one hundred eligible 33 electors who are residents of the city or ward. 34 b. In cities having a population of one hundred five 35 -15- HF692.1542 (2) 88 ss/jh 15/ 59
thousand or greater, but less than three thousand five hundred 1 twenty thousand , according to the most recent federal decennial 2 census, nominations may be made by nomination papers signed by 3 not less than ten fifty eligible electors who are residents of 4 the city or ward. 5 c. In cities having a population less than one hundred one 6 thousand or greater, but less than five thousand, according 7 to the most recent federal decennial census, nominations may 8 be made by nomination papers signed by not less than five 9 twenty-five eligible electors who are residents of the city. 10 d. In cities having a population less than one thousand, 11 according to the most recent federal decennial census, 12 nominations may be made by nomination papers signed by not less 13 than ten eligible electors who are residents of the city. 14 9. Nominations for candidates, other than partisan 15 candidates, for elective offices the office of mayor, alderman 16 at large, and ward alderman in special charter cities subject 17 to section 43.112 may be submitted as follows: made by 18 nomination papers signed by not less than one hundred eligible 19 electors residing in the city. 20 a. For the office of mayor and alderman at large, 21 nominations may be made by nomination papers signed by eligible 22 electors residing in the city equal in number to at least two 23 percent of the total vote received by all candidates for mayor 24 at the last preceding city election. 25 b. For the office of ward alderman, nominations may be made 26 by nomination papers signed by eligible electors residing in 27 the ward equal in number to at least two percent of the total 28 vote received by all candidates for ward alderman in that ward 29 at the last preceding city election. 30 Sec. 44. Section 45.1, Code 2019, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 02. Nominations for candidates for 33 statewide offices other than those listed in subsection 1 may 34 be made by nomination petitions signed by not less than two 35 -16- HF692.1542 (2) 88 ss/jh 16/ 59
thousand five hundred eligible electors, including at least one 1 hundred twenty-five eligible electors from not less than ten 2 counties of the state. 3 DIVISION VIII 4 CONDUCT OF ELECTIONS 5 Sec. 45. Section 39.2, subsection 4, paragraphs a, b, and c, 6 Code 2019, are amended to read as follows: 7 a. For a county, on the day of the general election, on 8 the day of the regular city election, on the date of a special 9 election held to fill a vacancy in the same county, or on the 10 first Tuesday in March in an odd-numbered year , the first 11 Tuesday in May March , or the first second Tuesday in August 12 of each year September, or the first Tuesday after the first 13 Monday in November . For a county, in an even-numbered year, 14 the first Tuesday in March or the second Tuesday in September. 15 b. For a city, on the day of the general election, on the 16 day of the regular city election, on the date of a special 17 election held to fill a vacancy in the same city, or on the 18 first Tuesday in March in an odd-numbered year , the first 19 Tuesday in May March , or the first second Tuesday in August 20 of each year September, or the first Tuesday after the first 21 Monday in November . For a city, in an even-numbered year, the 22 first Tuesday in March or the second Tuesday in September. 23 c. For a school district or merged area, in the odd-numbered 24 year, the first Tuesday in February March , the first Tuesday in 25 April, the last second Tuesday in June September , or the second 26 first Tuesday after the first Monday in September November . 27 For a school district or merged area, in the even-numbered 28 year, the first Tuesday in February, the first Tuesday in 29 April March , or the second Tuesday in September , or the second 30 Tuesday in December . 31 Sec. 46. Section 39.12, Code 2019, is amended to read as 32 follows: 33 39.12 Failure to vacate. 34 An elected official who has been elected to another elective 35 -17- HF692.1542 (2) 88 ss/jh 17/ 59
office to which section 39.11 applies shall choose only one 1 office in which to serve. The official shall resign from all 2 but one of the offices to which section 39.11 applies before 3 the beginning of the term of the office to which the person 4 was most recently elected. Failure to submit the required 5 resignation will result in a vacancy in all the first elective 6 offices office to which the person was elected. 7 Sec. 47. Section 43.11, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. For an elective county office, in the office of the 10 county commissioner not earlier than ninety-two days nor later 11 than 5:00 p.m. on the sixty-ninth seventy-fourth day before the 12 day fixed for holding the primary election. 13 Sec. 48. Section 43.16, subsection 2, paragraph b, Code 14 2019, is amended to read as follows: 15 b. A person who has filed nomination papers with the 16 commissioner may withdraw as a candidate not later than the 17 sixty-seventh sixty-ninth day before the primary election by 18 notifying the commissioner in writing. 19 Sec. 49. Section 43.23, Code 2019, is amended to read as 20 follows: 21 43.23 Death or withdrawal of primary candidate. 22 1. If a person who has filed nomination papers with the 23 state commissioner as a candidate in a primary election dies 24 or withdraws up to the seventy-sixth day before the primary 25 election, the appropriate convention or central committee of 26 that person’s political party may designate one additional 27 primary election candidate for the nomination that person 28 was seeking, if the designation is submitted to the state 29 commissioner in writing by 5:00 p.m. on the seventy-first day 30 before the date of the primary election. The name of any 31 candidate so submitted shall be included in the appropriate 32 certificate or certificates furnished by the state commissioner 33 under section 43.22 . 34 2. If a person who has filed nomination papers with the 35 -18- HF692.1542 (2) 88 ss/jh 18/ 59
commissioner as a candidate in a primary election dies or 1 withdraws up to the sixty-seventh sixty-ninth day before 2 the primary election, the appropriate convention or central 3 committee of that person’s political party may designate one 4 additional primary election candidate for the nomination 5 that person was seeking, if the designation is submitted to 6 the commissioner in writing by 5:00 p.m. on the sixty-third 7 sixty-fourth day before the primary election. The name of 8 any candidate so submitted shall be placed on the appropriate 9 ballot or ballots by the commissioner. 10 Sec. 50. Section 43.30, subsection 2, Code 2019, is amended 11 to read as follows: 12 2. The commissioner shall make sample ballots available to 13 the public upon request. The sample ballots shall be clearly 14 marked as sample ballots. A reasonable fee may be charged for 15 printing costs if a person requests multiple copies of sample 16 ballots. The commissioner shall not distribute sample ballots 17 except as provided in this subsection. 18 Sec. 51. Section 43.36, Code 2019, is amended to read as 19 follows: 20 43.36 Australian ballot. 21 The Australian ballot system as now used in this state, 22 except as herein modified, shall be used at said primary 23 election. The endorsement of the precinct election officials 24 and the facsimile of the commissioner’s signature county 25 seal shall appear upon the ballots as provided for general 26 elections. 27 Sec. 52. Section 43.78, subsection 2, Code 2019, is amended 28 to read as follows: 29 2. The name of any candidate designated to fill a vacancy 30 on the general election ballot in accordance with subsection 31 1 , paragraph “a” , “b” , or “c” shall be submitted in writing 32 to the state commissioner not later than 5:00 p.m. on the 33 seventy-third seventy-sixth day before the date of the general 34 election. 35 -19- HF692.1542 (2) 88 ss/jh 19/ 59
Sec. 53. Section 43.79, Code 2019, is amended to read as 1 follows: 2 43.79 Death of candidate after time for withdrawal. 3 The death of a candidate nominated as provided by law for any 4 office to be filled at a general election, during the period 5 beginning on the eighty-first seventy-fifth day before the 6 general election, in the case of any candidate whose nomination 7 papers were filed with the state commissioner, or beginning 8 on the seventy-third day before the general election, in the 9 case of any candidate whose nomination papers were filed with 10 the commissioner, and ending on the last day before at the 11 time the polls close on the day of the general election shall 12 not operate to remove the deceased candidate’s name from the 13 general election ballot. If the deceased candidate was seeking 14 the office of senator or representative in the Congress of 15 the United States, governor, attorney general, senator or 16 representative in the general assembly or county supervisor, 17 section 49.58 shall control. If the deceased candidate was 18 seeking any other office, and as a result of the candidate’s 19 death a vacancy is subsequently found to exist, the vacancy 20 shall be filled as provided by chapter 69 . 21 Sec. 54. Section 44.1, Code 2019, is amended to read as 22 follows: 23 44.1 Political nonparty organizations. 24 Any convention or caucus of eligible electors representing 25 a political organization which is not a political party as 26 defined by law, may, for the state, or for any division or 27 municipality thereof, or for any county, or for any subdivision 28 thereof, for which such convention or caucus is held, make one 29 nomination of a candidate for each office to be filled therein 30 at the general election. However, in order to qualify for 31 any nomination made for a statewide elective office by such 32 a political organization there shall be in attendance at the 33 convention or caucus where the nomination is made a minimum of 34 two hundred fifty five hundred eligible electors including at 35 -20- HF692.1542 (2) 88 ss/jh 20/ 59
least one eligible elector from each of twenty-five counties. 1 In order to qualify for any nomination to the office of United 2 States representative there shall be in attendance at the 3 convention or caucus where the nomination is made a minimum 4 of fifty two hundred eligible electors who are residents of 5 the congressional district including at least one eligible 6 elector from each of at least one-half of the counties of 7 the congressional district. In order to qualify for any 8 nomination to an office to be filled by the voters of a county 9 or of a city there shall be in attendance at the convention or 10 caucus where the nomination is made a minimum of ten twenty 11 eligible electors who are residents of the county or city, 12 as the case may be, including at least one eligible elector 13 from at least one-half of the voting precincts in that county 14 or city. In order to qualify for any nomination made for 15 the general assembly there shall be in attendance at the 16 convention or caucus where the nomination is made a minimum 17 of ten twenty-five eligible electors who are residents of the 18 representative district or twenty fifty eligible electors who 19 are residents of the senatorial district, as the case may be, 20 with at least one eligible elector from one-half of the voting 21 precincts in the district in each case. The names of all 22 delegates in attendance at such convention or caucus and such 23 fact shall be certified to the state commissioner together with 24 the other certification requirements of this chapter . 25 Sec. 55. Section 44.4, Code 2019, is amended to read as 26 follows: 27 44.4 Nominations and objections —— time and place of filing. 28 1. a. Nominations made pursuant to this chapter and 29 chapter 45 which are required to be filed in the office of the 30 state commissioner shall be filed in that office not more than 31 ninety-nine days nor later than 5:00 p.m. on the seventy-third 32 eighty-first day before the date of the general election to be 33 held in November first Tuesday after the first Monday in June 34 in each even-numbered year . Nominations made for a special 35 -21- HF692.1542 (2) 88 ss/jh 21/ 59
election called pursuant to section 69.14 shall be filed by 1 5:00 p.m. not less than twenty-five days before the date of 2 an election called upon at least forty days’ notice and not 3 less than fourteen days before the date of an election called 4 upon at least eighteen days’ notice. Nominations made for 5 a special election called pursuant to section 69.14A shall 6 be filed by 5:00 p.m. not less than twenty-five days before 7 the date of the election. Nominations made pursuant to this 8 chapter and chapter 45 which are required to be filed in the 9 office of the commissioner shall be filed in that office not 10 more than ninety-two days nor later than 5:00 p.m. on the 11 sixty-ninth seventy-fourth day before the date of the general 12 election first Tuesday after the first Monday in June in each 13 even-numbered year . Nominations made pursuant to this chapter 14 or chapter 45 for city office shall be filed not more than 15 seventy-two days nor later than 5:00 p.m. on the forty-seventh 16 day before the city election with the county commissioner 17 of elections responsible under section 47.2 for conducting 18 elections held for the city, who shall process them as provided 19 by law. 20 b. Notwithstanding paragraph “a” , nominations for president 21 and vice president of the United States shall be filed in the 22 office of the state commissioner not more than ninety-nine days 23 nor later than 5:00 p.m. on the eighty-first day before the 24 date of the general election to be held in November. 25 2. a. Objections to the legal sufficiency of a certificate 26 of nomination or nomination petition or to the eligibility 27 of a candidate may be filed by any person who would have the 28 right to vote for a candidate for the office in question. 29 The objections must be filed with the officer with whom the 30 certificate or petition is filed and within the following time: 31 (1) Those filed with the state commissioner, not less than 32 sixty-eight seventy-four days before the date of the election. 33 (2) Those filed with the commissioner, not less than 34 sixty-four days before the date of the election, except as 35 -22- HF692.1542 (2) 88 ss/jh 22/ 59
provided in subparagraph (3). 1 (3) Those filed with the commissioner for an elective city 2 office, at least forty-two days before the regularly scheduled 3 or special city election. However, for those cities that may 4 be required to hold a primary election, at least sixty-three 5 days before the regularly scheduled or special city election. 6 (4) In the case of nominations to fill vacancies occurring 7 after the time when an original nomination for an office is 8 required to be filed, objections shall be filed within three 9 days after the filing of the certificate. 10 b. Objections shall be filed no later than 5:00 p.m. on the 11 final date for filing. 12 Sec. 56. Section 44.9, subsections 1 and 2, Code 2019, are 13 amended to read as follows: 14 1. In the office of the state commissioner, at least 15 sixty-eight days before the date of the election as provided 16 in section 43.76 . 17 2. In the office of the appropriate commissioner, at least 18 sixty-four days before the date of the election, except as 19 otherwise provided in subsection 6 as provided in section 20 43.76 . 21 Sec. 57. Section 47.2, Code 2019, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 7. The county commissioner shall not 24 participate in an absentee ballot drive or collection effort in 25 cooperation with a candidate, candidate’s committee, political 26 party, or nonparty political organization. 27 Sec. 58. NEW SECTION . 47.12 Electronic poll books —— 28 mandatory. 29 Each county commissioner of elections shall, by February 26, 30 2020, ensure that each election precinct uses an electronic 31 poll book. 32 Sec. 59. Section 48A.9, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. Registration closes at 5:00 p.m. eleven days before each 35 -23- HF692.1542 (2) 88 ss/jh 23/ 59
election except general elections. For general elections, 1 registration closes at 5:00 p.m. ten days before the election . 2 An eligible elector may register during the time registration 3 is closed in the elector’s precinct but the registration shall 4 not become effective until registration opens again in the 5 elector’s precinct, except as otherwise provided in section 6 48A.7A . 7 Sec. 60. NEW SECTION . 49.2 Oversight by the state 8 commissioner. 9 The state commissioner, or a designee of the state 10 commissioner, may, at the discretion of the state commissioner, 11 oversee the activities of a county commissioner of elections 12 during a period beginning sixty days before an election and 13 ending sixty days after an election. For the purposes of this 14 section, “oversee” means to observe election-related activity, 15 correct any activity not in accordance with law, and issue a 16 written notice and instructions pursuant to section 39A.6 for 17 any technical infractions that are observed. 18 Sec. 61. Section 49.21, Code 2019, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 4. The commissioner shall remove or obscure 21 from the view of voters any published material displaying the 22 name of a candidate or elected official other than a ballot or 23 sample ballot or envelope. 24 Sec. 62. NEW SECTION . 49.42B Form of official ballot —— 25 candidates for president and vice president. 26 When candidates for president and vice president of the 27 United States appear on the ballot, the following statement 28 shall appear directly above the section of the ballot listing 29 such candidates: 30 [A ballot cast for the named candidates for president 31 and vice president of the United States is considered to be 32 cast for the slate of presidential electors nominated by 33 the political party, nonparty political organization, or 34 independent candidate.] 35 -24- HF692.1542 (2) 88 ss/jh 24/ 59
Sec. 63. NEW SECTION . 49.49 Certain sample ballots 1 prohibited. 2 The commissioner and state commissioner of elections shall 3 not distribute or authorize the distribution of sample ballots 4 to voters other than as provided in sections 49.53 and 52.29. 5 Sec. 64. Section 49.51, Code 2019, is amended to read as 6 follows: 7 49.51 Commissioner to control printing. 8 The commissioner shall have charge of the printing of the 9 ballots to be used for any election held in the county, unless 10 the commissioner delegates that authority as permitted by this 11 section . The commissioner may delegate this authority only 12 to another commissioner who is responsible under section 47.2 13 for conducting the elections held for a political subdivision 14 which lies in more than one county, and only with respect to 15 printing of ballots containing only public questions or the 16 names of candidates to be voted upon by the registered voters 17 of that political subdivision. Only one facsimile signature 18 county seal , that of the county of the commissioner under 19 whose direction the ballot is printed, shall appear on the 20 ballot. It is the duty of the commissioner to insure that the 21 arrangement of any ballots printed under the commissioner’s 22 direction conforms to all applicable requirements of this 23 chapter . 24 Sec. 65. Section 49.57, subsection 6, Code 2019, is amended 25 to read as follows: 26 6. A portion of the ballot shall include the words “Official 27 ballot”, the unique identification number or name assigned by 28 the commissioner to the ballot style, the date of the election, 29 and a facsimile of the signature the county seal of the county 30 of the commissioner who has caused the ballot to be printed 31 pursuant to section 49.51 . 32 Sec. 66. Section 49.58, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. If any candidate nominated by a political party, 35 -25- HF692.1542 (2) 88 ss/jh 25/ 59
as defined in section 43.2 , for the office of senator or 1 representative in the Congress of the United States, governor, 2 attorney general, or senator or representative in the general 3 assembly dies during the period beginning on the eighty-eighth 4 eighty-first day and ending at the time the polls close on the 5 last day before of the general election, or if any candidate 6 so nominated for the office of county supervisor dies during 7 the period beginning on the seventy-third seventy-fourth day 8 and ending at the time the polls close on the last day before 9 of the general election, the vote cast at the general election 10 for that office shall not be canvassed as would otherwise be 11 required by chapter 50 . Instead, a special election shall be 12 held on the first Tuesday after the second Monday in December, 13 for the purpose of electing a person to fill that office. 14 Sec. 67. Section 49.73, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. a. The commissioner shall not shorten voting hours for 17 any election if there is filed in the commissioner’s office, at 18 least twenty-five days before the election, a petition signed 19 by at least fifty eligible electors of the school district 20 or city, as the case may be, requesting that the polls be 21 opened not later than 7:00 a.m. All polling places where the 22 candidates of or any public question submitted by any one 23 political subdivision are being voted upon shall be opened at 24 the same hour, except that this requirement shall not apply 25 to merged areas established under chapter 260C . The hours at 26 which the respective precinct polling places are to open shall 27 not be changed after publication of the notice required by 28 section 49.53 . The polling places shall be closed at 9:00 p.m. 29 for state primary and general elections and other partisan 30 elections, and for any other election held concurrently 31 therewith, and at 8:00 p.m. for all other elections. 32 b. The legislative services agency shall place on the 33 internet site of the agency information regarding the opening 34 and closing times of polling places until and including 35 -26- HF692.1542 (2) 88 ss/jh 26/ 59
November 7, 2023. This paragraph is repealed effective July 1 1, 2024. 2 Sec. 68. Section 49.82, Code 2019, is amended to read as 3 follows: 4 49.82 Voter to receive one ballot —— endorsement. 5 When an empty voting booth is available, one of the precinct 6 election officials shall endorse the official’s initials on 7 each ballot the voter will receive. The initials shall be 8 placed so that they may be seen when the ballot is properly 9 folded or enclosed in a secrecy folder. The name or signature 10 of the commissioner shall not appear on the ballot except as 11 part of the list of candidates when the commissioner is a 12 candidate for election. The official shall give the voter one 13 and only one of each of the ballots to be voted at that election 14 in that precinct, except as provided by section 49.100 . No 15 ballot without the required official endorsement shall be 16 placed in the ballot box. 17 Sec. 69. Section 49A.6, Code 2019, is amended to read as 18 follows: 19 49A.6 Certification —— sample ballot. 20 The state commissioner of elections shall, not less than 21 sixty-nine sixty-three days preceding any election at which a 22 constitutional amendment or public measure is to be submitted 23 to a vote of the entire people of the state, transmit to the 24 county commissioner of elections of each county a certified 25 copy of the amendment or measure and a sample of the ballot to 26 be used in such cases, prepared in accordance with law. 27 Sec. 70. Section 50.44, Code 2019, is amended to read as 28 follows: 29 50.44 Tie vote. 30 1. If Except as otherwise provided in this subsection, 31 if more than the requisite number of persons, including 32 presidential electors, are found to have an equal and the 33 highest number of votes, the election of one of them shall be 34 determined by lot. The name of each of such candidates shall 35 -27- HF692.1542 (2) 88 ss/jh 27/ 59
be written on separate pieces of paper, as nearly uniform in 1 size and material as possible, and placed in a receptacle so 2 that the names cannot be seen. In the presence of the board of 3 canvassers, one of them shall publicly draw one of such names, 4 and such person shall be declared elected. The result of such 5 drawing shall be entered upon the abstract of votes and duly 6 recorded, and a certificate of election issued to such person, 7 as provided in this chapter . 8 2. If more than the requisite number of candidates for 9 United States senator or representative to the United States 10 house of representatives are found to have an equal and highest 11 number of votes, a special election shall be held sixty-six 12 days after the final canvass or recount, whichever is later, 13 in which each such candidate shall be the only candidates on 14 the ballot. 15 3. If more than the requisite number of candidates for 16 a statewide elected office, member of the general assembly, 17 member of a board of supervisors, or a partisan office to 18 be filled by a vote of the residents of a whole county, are 19 found to have an equal and highest number of votes, a special 20 election shall be held consistent with section 69.14, in which 21 each such candidate shall be the only candidates on the ballot. 22 4. If more than the requisite number of presidential 23 electors are found to have an equal and the highest number of 24 votes, the presidential electors shall be assigned one-half 25 to each candidate. If there is an odd number of presidential 26 electors, the remaining elector shall be assigned by lot. 27 Sec. 71. Section 50.48, subsection 3, Code 2019, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. In addition to the persons listed in 30 paragraph “a” , the candidate requesting the recount and the 31 apparent winning candidate may each submit a request to a 32 commissioner from a county other than the county conducting the 33 recount to be present at the recount. Such a commissioner may 34 report any irregularities observed by the commissioner at any 35 -28- HF692.1542 (2) 88 ss/jh 28/ 59
time after the election to the state commissioner. 1 Sec. 72. Section 50.48, subsection 4, paragraph b, Code 2 2019, is amended to read as follows: 3 b. Any member of the recount board may at any time during 4 the recount proceedings for an election for a statewide 5 elected official as defined in section 68B.2 or a United States 6 senator extend the recount of votes cast for the office or 7 nomination in question to any other precinct or precincts in 8 the same county, or from which the returns were reported to 9 the commissioner responsible for conducting the election, 10 without the necessity of posting additional bond. The recount 11 proceedings for an election for any other office shall include 12 all precincts in which a ballot for the election was cast. 13 Sec. 73. NEW SECTION . 50.52 Enforcement. 14 Members of local law enforcement agencies and the state 15 patrol are authorized to take all reasonable actions to prevent 16 violations of this chapter. 17 Sec. 74. Section 53.2, subsection 4, paragraph b, Code 2019, 18 is amended to read as follows: 19 b. If insufficient information has been provided, including 20 the absence of a voter verification number, either on the 21 prescribed form or on an application created by the applicant, 22 the commissioner shall, by the best means available, obtain 23 the additional necessary information within twenty-four hours 24 after the receipt of the absentee ballot request, contact the 25 applicant by telephone and electronic mail, if such information 26 has been provided by the applicant. If the commissioner is 27 unable to contact the applicant by telephone or electronic 28 mail, the commissioner shall send a notice to the applicant 29 at the address where the applicant is registered to vote, or 30 to the applicant’s mailing address if it is different from 31 the residence address. If the applicant has requested the 32 ballot to be sent to an address that is not the applicant’s 33 residential or mailing address, the commissioner shall send an 34 additional notice to the address where the applicant requested 35 -29- HF692.1542 (2) 88 ss/jh 29/ 59
the ballot to be sent. A commissioner shall not use the voter 1 registration system to obtain additional necessary information . 2 A voter requesting or casting a ballot pursuant to section 3 53.22 shall not be required to provide a voter verification 4 number. The state commissioner shall adopt rules to implement 5 this section. 6 Sec. 75. Section 53.2, subsection 4, Code 2019, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . d. If an applicant does not have current 9 access to the applicant’s voter verification number, the 10 commissioner shall verify the applicant’s identity prior to 11 supplying the voter verification number by asking the applicant 12 to provide at least two of the following facts about the 13 applicant: 14 (1) Date of birth. 15 (2) The last four digits of the applicant’s social security 16 number, if applicable. 17 (3) Residential address. 18 (4) Mailing address. 19 (5) Middle name. 20 (6) Voter verification number as defined in paragraph “c” . 21 Sec. 76. Section 53.10, subsection 2, paragraph a, Code 22 2019, is amended to read as follows: 23 a. Each person who wishes to vote by absentee ballot at 24 the commissioner’s office shall first sign an application 25 for a ballot including the following information: name, 26 current address, voter verification number, and the election 27 for which the ballot is requested. The person may report a 28 change of address or other information on the person’s voter 29 registration record at that time. Prior to furnishing a 30 ballot, the commissioner shall verify the person’s identity 31 as provided in section 49.78. The registered voter shall 32 immediately mark the ballot; enclose the ballot in a secrecy 33 envelope, if necessary, and seal it in the envelope marked 34 with the affidavit; subscribe to the affidavit on the reverse 35 -30- HF692.1542 (2) 88 ss/jh 30/ 59
side of the envelope; and return the absentee ballot to the 1 commissioner. The commissioner shall record the numbers 2 appearing on the application and affidavit envelope along with 3 the name of the registered voter. 4 Sec. 77. Section 53.10, subsection 2, Code 2019, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. If an unregistered person offering to 7 vote an absentee ballot pursuant to this section prior to 8 the deadline in section 48A.9 does not have an Iowa driver’s 9 license, an Iowa nonoperator’s identification card, or a voter 10 identification number assigned to the voter by the state 11 commissioner pursuant to section 47.7, subsection 2, the person 12 may satisfy identity and residence requirements as provided in 13 section 49.78. This section shall also apply to a registered 14 voter casting a ballot pursuant to this section who has not yet 15 received a voter verification number. 16 Sec. 78. Section 53.11, subsection 1, paragraph a, Code 17 2019, is amended to read as follows: 18 a. Not more than twenty-nine days before the date of 19 an election, satellite absentee voting stations may be 20 established throughout the cities and county at the direction 21 of the commissioner and shall be established upon receipt 22 of a petition signed by not less than one hundred eligible 23 electors requesting that a satellite absentee voting station be 24 established at a location to be described on the petition , and 25 may be established at the direction of the commissioner in the 26 case of a special election . However, if a special election is 27 scheduled in the county on a date that falls between the date 28 of the regular city election and the date of the city runoff 29 election, the commissioner is not required to establish a 30 satellite absentee voting station for the city runoff election. 31 Sec. 79. Section 53.11, subsection 2, paragraph e, Code 32 2019, is amended to read as follows: 33 e. For a special election, no later than thirty-two eighteen 34 days before the special election. 35 -31- HF692.1542 (2) 88 ss/jh 31/ 59
Sec. 80. Section 53.11, Code 2019, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 6. The commissioner shall remove or obscure 3 from the view of voters any published material displaying the 4 name of a candidate or elected official other than a ballot or 5 sample ballot or envelope. 6 Sec. 81. Section 53.18, subsections 2 and 3, Code 2019, are 7 amended to read as follows: 8 2. a. If the commissioner receives the return envelope 9 containing the completed absentee ballot by 5:00 p.m. on the 10 Saturday before the election for general elections and by 5:00 11 p.m. on the Friday before the election for all other elections, 12 the commissioner shall review the affidavit marked on the 13 return envelope, if applicable, for completeness or shall open 14 the return envelope to review the affidavit for completeness. 15 If the affidavit is incomplete, the commissioner shall, within 16 twenty-four hours of the time the envelope was received, 17 notify the voter of that fact and that the voter may complete 18 the affidavit in person at the office of the commissioner by 19 5:00 p.m. on the day before the election, vote a replacement 20 ballot in the manner and within the time period provided in 21 subsection 3 , or appear at the voter’s precinct polling place 22 on election day and cast a ballot in accordance with section 23 53.19, subsection 3 . 24 (1) If the affidavit lacks the signature of the registered 25 voter, the commissioner shall, within twenty-four hours of the 26 receipt of the envelope, notify the voter of the deficiency 27 and inform the voter that the voter may vote a replacement 28 ballot as provided in subsection 3, cast a ballot as provided 29 in section 53.19, subsection 3, or complete the affidavit in 30 person at the office of the commissioner not later than noon on 31 the Monday following the election, or if the law authorizing 32 the election specifies that the votes be canvassed earlier than 33 the Monday following the election, before the canvass of the 34 election. 35 -32- HF692.1542 (2) 88 ss/jh 32/ 59
(2) If the affidavit appears to have been signed by someone 1 other than the registered voter, the commissioner shall, within 2 twenty-four hours of the receipt of the envelope, notify the 3 voter of the deficiency and inform the voter that the voter may 4 vote a replacement ballot as provided in subsection 3, cast a 5 ballot as provided in section 53.19, subsection 3, or complete 6 the affidavit in person at the office of the commissioner by 7 providing proof of identity as provided in section 49.78 not 8 later than noon on the Monday following the election, or if 9 the law authorizing the election specifies that the votes be 10 canvassed earlier than the Monday following the election, 11 before the canvass of the election. 12 b. If the commissioner receives the return envelope 13 containing the completed absentee ballot after the deadline 14 in paragraph “a” , the commissioner shall submit the affidavit 15 to the absentee and special voters precinct board for review. 16 If the absentee and special voters precinct determines that 17 the affidavit is incomplete, the commissioner shall, within 18 twenty-four hours of the determination, notify the voter. 19 (1) If the affidavit lacks the signature of the registered 20 voter, the commissioner shall notify the voter that the voter 21 may complete the affidavit in person at the office of the 22 commissioner not later than noon on the Monday following the 23 election, or if the law authorizing the election specifies that 24 the votes be canvassed earlier than the Monday following the 25 election, before the canvass of the election. 26 (2) If the affidavit appears to have been signed by someone 27 other than the registered voter, the commissioner shall 28 notify the voter that the voter may complete the affidavit in 29 person at the office of the commissioner by providing proof of 30 identity as provided in section 49.78 not later than noon on 31 the Monday following the election, or if the law authorizing 32 the election specifies that the votes be canvassed earlier than 33 the Monday following the election, before the canvass of the 34 election. 35 -33- HF692.1542 (2) 88 ss/jh 33/ 59
3. If the affidavit envelope or the return envelope marked 1 with the affidavit contains a defect that would cause the 2 absentee ballot to be rejected by the absentee and special 3 voters precinct board, the commissioner shall immediately 4 notify the voter of that fact and that the voter’s absentee 5 ballot shall not be counted unless the voter requests and 6 returns a replacement ballot in the time permitted under 7 section 53.17, subsection 2 . For the purposes of this section , 8 a return envelope marked with the affidavit shall be considered 9 to contain a defect if it appears to the commissioner that 10 the signature on the envelope has been signed by someone 11 other than the registered voter, in comparing the signature 12 on the envelope to the signature on record of the registered 13 voter named on the envelope. A signature or marking made 14 in accordance with section 39.3, subsection 17 , shall not 15 be considered a defect for purposes of this section . The 16 voter may request a replacement ballot in person, in writing, 17 or over the telephone. The same serial number that was 18 assigned to the records of the original absentee ballot 19 application shall be used on the envelope and records of the 20 replacement ballot. The envelope marked with the affidavit and 21 containing the completed replacement ballot shall be marked 22 “Replacement ballot”. The envelope marked with the affidavit 23 and containing the original ballot shall be marked “Defective” 24 and the replacement ballot shall be attached to such envelope 25 containing the original ballot and shall be stored in a secure 26 place until they are delivered to the absentee and special 27 voters precinct board, notwithstanding sections 53.26 and 28 53.27 . 29 Sec. 82. Section 53.18, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 04. For the purposes of this section, a 32 return envelope marked with the affidavit shall be considered 33 incomplete if it lacks the registered voter’s signature or it 34 appears to the commissioner that the signature on the envelope 35 -34- HF692.1542 (2) 88 ss/jh 34/ 59
has been signed by someone other than the registered voter, 1 in comparing the signature on the envelope to the signature 2 on record of the registered voter named on the envelope. A 3 signature or marking made in accordance with section 39.3, 4 subsection 17, shall not cause an affidavit to be considered 5 incomplete. 6 Sec. 83. Section 53.22, subsection 3, Code 2019, is amended 7 to read as follows: 8 3. Any registered voter who becomes a patient, tenant, or 9 resident of a hospital, assisted living program, or health care 10 facility in the county where the voter is registered to vote 11 within three days prior to the date of any election after the 12 deadline to make a written application for an absentee ballot 13 as provided in section 53.2 or on election day may request an 14 absentee ballot during that period or on election day. As an 15 alternative to the application procedure prescribed by section 16 53.2 , the registered voter may make the request directly to 17 the officers who are delivering and returning absentee ballots 18 under this section . Alternatively, the request may be made by 19 telephone to the office of the commissioner not later than four 20 hours before the close of the polls. If the requester is found 21 to be a registered voter of that county, these officers shall 22 deliver the appropriate absentee ballot to the registered voter 23 in the manner prescribed by this section . 24 Sec. 84. Section 53.22, subsection 6, paragraph a, Code 25 2019, is amended to read as follows: 26 a. If the registered voter becomes a patient, tenant, or 27 resident of a hospital, assisted living program, or health 28 care facility outside the county where the voter is registered 29 to vote within three days before the date of any election 30 after the deadline to make a written application for an 31 absentee ballot as provided in section 53.2 or on election 32 day, the voter may designate a person to deliver and return 33 the absentee ballot. The designee may be any person the voter 34 chooses except that no candidate for any office to be voted 35 -35- HF692.1542 (2) 88 ss/jh 35/ 59
upon for the election for which the ballot is requested may 1 deliver a ballot under this subsection . The request for an 2 absentee ballot may be made by telephone to the office of the 3 commissioner not later than four hours before the close of the 4 polls. If the requester is found to be a registered voter of 5 that county, the ballot shall be delivered by mail or by the 6 person designated by the voter. An application form shall be 7 included with the absentee ballot and shall be signed by the 8 voter and returned with the ballot. 9 Sec. 85. Section 53.22, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 9. A person voting pursuant to this section 12 shall not be subject to signature verification pursuant to 13 section 53.18. 14 Sec. 86. Section 58.1, Code 2019, is amended to read as 15 follows: 16 58.1 Notice —— grounds. 17 The contestant for the office of governor shall, within 18 thirty fourteen days after the proclamation of the result of 19 the election, deliver to the presiding officer of each house 20 of the general assembly a notice of intent to contest, and a 21 specification of the grounds of such contest, as provided in 22 chapter 62 . 23 Sec. 87. Section 58.4, subsections 1 and 2, Code 2019, are 24 amended to read as follows: 25 1. The names of members of each house, except the presiding 26 officer and the majority and minority leaders , written on 27 similar paper tickets, shall be placed in a box, the names of 28 the senators in their presence by their secretary, and the 29 names of the representatives in their presence by their clerk. 30 2. The secretary of the senate in the presence of the 31 senate, and the clerk of the house of representatives in 32 the presence of the house, shall draw from their respective 33 boxes the names of seven five members each. The majority and 34 minority leaders of each house shall also serve on the contest 35 -36- HF692.1542 (2) 88 ss/jh 36/ 59
court. 1 Sec. 88. Section 68A.405, subsection 1, paragraph a, 2 subparagraph (3), Code 2019, is amended to read as follows: 3 (3) “Published material” means any newspaper, magazine, 4 shopper, outdoor advertising facility, poster, direct mailing, 5 brochure, internet site, campaign sign, or any other form of 6 printed or electronic general public political advertising. 7 “Published material” includes television, video, or motion 8 picture advertising , automated telephone calls, or text 9 messages . 10 Sec. 89. NEW SECTION . 68A.507 Deceptive names prohibited. 11 No person shall place on any published material, as defined 12 in section 68A.405, a name or abbreviation of a name intended 13 to cause a voter to believe that the person represents a 14 political party or nonparty political organization of which the 15 person is not a candidate. 16 Sec. 90. Section 69.9, Code 2019, is amended to read as 17 follows: 18 69.9 Person removed not eligible. 19 No person can be appointed to fill a vacancy who has been 20 removed from office within one year next preceding . 21 Sec. 91. Section 69.14, Code 2019, is amended to read as 22 follows: 23 69.14 Special election to fill vacancies. 24 1. A special election to fill a vacancy shall be held for a 25 representative in Congress, when Congress is in session or will 26 convene prior to the next general election, or for a senator or 27 representative in the general assembly, when the body in which 28 such vacancy exists is in session, or the general assembly will 29 convene prior to the next general election, and the governor 30 shall order, not later than five days from the date the vacancy 31 exists, a special election, giving not less than forty days’ 32 notice of such election. 33 2. In the event the special election is to fill a vacancy 34 in the general assembly while it is in session or within 35 -37- HF692.1542 (2) 88 ss/jh 37/ 59
forty-five days of the convening of any session, the time limit 1 provided in this section shall not apply and the governor 2 shall order such , not later than five days after the day the 3 vacancy occurs, a special election at the earliest practical 4 time , giving at least eighteen twenty-one, but no more than 5 forty-two, days’ notice of the special election. Any special 6 election called under this section must be held on a Tuesday 7 and shall not be held on the same day as a school election 8 within the district. 9 Sec. 92. Section 445.5, subsection 1, Code 2019, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . i. Until November 7, 2023, the hours during 12 which polling places are open on election days. This paragraph 13 is repealed effective July 1, 2024. 14 Sec. 93. SATELLITE ABSENTEE VOTING LOCATION REPORTS. 15 1. Each county commissioner of elections shall complete 16 a report to be submitted to the general assembly on each 17 state-owned building in the county that may be petitioned for a 18 satellite absentee voting location. The report shall address 19 all of the following: 20 a. The impact on the safety of the public, including 21 students where applicable, using the building other than for 22 satellite voting. 23 b. The impact on the function and public use of the 24 building and state-owned property caused by hosting a satellite 25 absentee voting location, including but not limited to hours of 26 operation, space removed from public use, parking, and building 27 access. 28 c. The cost of using state-owned public buildings to host 29 and operate satellite absentee voting locations. 30 d. The impact of electioneering laws on first amendment 31 rights of the Constitution of the United States in state-owned 32 buildings. 33 2. Each report shall be submitted to the general assembly by 34 December 1, 2019. 35 -38- HF692.1542 (2) 88 ss/jh 38/ 59
DIVISION IX 1 CONFLICTS OF INTEREST 2 Sec. 94. Section 314.2, Code 2019, is amended by striking 3 the section and inserting in lieu thereof the following: 4 314.2 Conflicts of interest. 5 A state or county official who is a voting member of a 6 governmental entity responsible for awarding a contract 7 pursuant to section 314.1 and is the apparent low bidder for 8 the contract shall not participate in a vote to award the 9 contract and shall include an explanation of the official’s 10 conflict in the resolution entered pursuant to section 26.12. 11 Sec. 95. EFFECTIVE DATE. This division of this Act takes 12 effect January 1, 2023. 13 DIVISION X 14 VOTER REGISTRATION 15 Sec. 96. Section 47.7, Code 2019, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 3. The state registrar of voters shall 18 develop a form to be distributed to the governing body of 19 each institution of higher education under the state board of 20 regents, community college, and accredited private institution 21 as defined in section 261.9, subsection 1, indicating whether 22 a graduating student will reside outside Iowa, reside within 23 Iowa and optionally, at what address, or move outside Iowa but 24 vote in Iowa pursuant to chapter 53, subchapter II. The state 25 registrar of voters shall mark as inactive the record in the 26 statewide voter registration file of any graduating student 27 indicating that the student will reside outside Iowa after 28 graduation, unless the student will vote in Iowa pursuant to 29 chapter 53, subchapter II, and shall provide information on 30 how to update voter registration information to any student 31 indicating a change of address within the state. Each 32 institution of higher education shall require each graduating 33 student to complete such a form prior to graduating. The form 34 may be integrated into current application requirements for 35 -39- HF692.1542 (2) 88 ss/jh 39/ 59
graduation issued by an institution of higher education. 1 NEW SUBSECTION . 4. The state registrar of voters shall use 2 information from the electronic registration information center 3 to update information in the statewide voter registration 4 system, including but not limited to the following reports: 5 a. In-state duplicates. 6 b. In-state updates. 7 c. Cross-state matches. 8 d. Deceased. 9 e. Eligible but unregistered. 10 f. National change of address. 11 Sec. 97. Section 48A.10A, subsection 1, Code 2019, is 12 amended to read as follows: 13 1. The state registrar shall compare lists of persons who 14 are registered to vote with the department of transportation’s 15 driver’s license and nonoperator’s identification card files 16 and shall, on an initial basis, issue a voter identification 17 card to each active, registered voter whose name does not 18 appear in the department of transportation’s files. The voter 19 identification card shall include the name of the registered 20 voter, a signature line above which the registered voter shall 21 sign the voter identification card, the registered voter’s 22 identification number assigned to the voter pursuant to section 23 47.7, subsection 2 , and an additional four-digit personal 24 identification number assigned by the state commissioner , and 25 the times during which polling places will be open on election 26 days . 27 Sec. 98. Section 48A.26B, Code 2019, is amended to read as 28 follows: 29 48A.26B Form of acknowledgment. 30 The state registrar shall adopt rules pursuant to chapter 31 17A to prescribe the form of written acknowledgments sent to 32 a registrant by a commissioner pursuant to section 48A.26 or 33 48A.26A . An acknowledgment sent after March 1, 2022, shall 34 include the times during which polling places will be open on 35 -40- HF692.1542 (2) 88 ss/jh 40/ 59
election days. 1 Sec. 99. Section 48A.27, subsection 4, paragraph c, 2 subparagraph (2), Code 2019, is amended to read as follows: 3 (2) The notice shall contain a statement in substantially 4 the following form: 5 Information received from the United States postal service 6 indicates that you are no longer a resident of, and therefore 7 not eligible to vote in (name of county) County, Iowa. If this 8 information is not correct, and you still live in (name of 9 county) County, please complete and mail the attached postage 10 paid card at least ten days before the primary or general 11 election and at least eleven days before any other election at 12 which you wish to vote. If the information is correct and you 13 have moved, please contact a local official in your new area 14 for assistance in registering there. If you do not mail in 15 the card, you may be required to show identification before 16 being allowed to vote in (name of county) County. If you do not 17 return the card, and you do not vote in an election in (name 18 of county) County, Iowa, on or before (date of second general 19 election following the date of the notice) your name will be 20 removed from the list of voters in that county. 21 Sec. 100. Section 48A.28, subsections 1 and 2, Code 2019, 22 are amended to read as follows: 23 1. Each commissioner shall conduct a systematic program 24 that makes a reasonable effort to remove from the official list 25 of registered voters the names of registered voters who have 26 changed residence from their registration addresses. Either or 27 both of the methods described in this section may be used. 28 2. a. A commissioner may shall participate in the United 29 States postal service national change of address program, as 30 provided in section 48A.27 . The state voter registration 31 commission shall adopt rules establishing specific requirements 32 for participation and use of the national change of address 33 program. 34 b. A commissioner participating in the national change of 35 -41- HF692.1542 (2) 88 ss/jh 41/ 59
address program, in the first quarter of each calendar year 1 during the January immediately following each presidential 2 election , shall send a notice and preaddressed, postage paid 3 return card by forwardable mail to each registered voter 4 whose name was not reported by the national change of address 5 program and who has not voted in two or more consecutive 6 general elections the previous presidential election and has 7 not registered again, or who has not reported a change to an 8 existing registration , or who has not responded to a notice 9 from the commissioner or registrar during the period between 10 and following the previous two general elections . Registered 11 voters receiving such notice shall be marked inactive. The 12 form and language of the notice and return card shall be 13 specified by the state voter registration commission by rule. 14 A registered voter shall not be sent a notice and return card 15 under this subsection more frequently than once in a four-year 16 period. 17 Sec. 101. Section 48A.28, subsection 3, Code 2019, is 18 amended by striking the subsection. 19 Sec. 102. Section 48A.29, subsection 1, paragraph b, Code 20 2019, is amended to read as follows: 21 b. The notice shall contain a statement in substantially the 22 following form: 23 Information received from the United States postal service 24 indicates that you are no longer a resident of (residence 25 address) in (name of county) County, Iowa. If this information 26 is not correct, and you still live in (name of county) County, 27 please complete and mail the attached postage paid card at 28 least ten days before the primary or general election and at 29 least eleven days before any other election at which you wish 30 to vote. If the information is correct, and you have moved, 31 please contact a local official in your new area for assistance 32 in registering there. If you do not mail in the card, you may 33 be required to show identification before being allowed to vote 34 in (name of county) County. If you do not return the card, and 35 -42- HF692.1542 (2) 88 ss/jh 42/ 59
you do not vote in some election in (name of county) County, 1 Iowa, on or before (date of second general election following 2 the date of the notice) your name will be removed from the list 3 of voters in that county. 4 Sec. 103. Section 48A.29, subsection 3, paragraph b, Code 5 2019, is amended to read as follows: 6 b. The notice shall contain a statement in substantially the 7 following form: 8 Information received by this office indicates that you are no 9 longer a resident of (residence address) in (name of county) 10 County, Iowa. If the information is not correct, and you still 11 live at that address, please complete and mail the attached 12 postage paid card at least ten days before the primary or 13 general election and at least eleven days before any other 14 election at which you wish to vote. If the information is 15 correct, and you have moved within the county, you may update 16 your registration by listing your new address on the card and 17 mailing it back. If you have moved outside the county, please 18 contact a local official in your new area for assistance in 19 registering there. If you do not mail in the card, you may be 20 required to show identification before being allowed to vote in 21 (name of county) County. If you do not return the card, and you 22 do not vote in some election in (name of county) County, Iowa, 23 on or before (date of second general election following the 24 date of the notice) your name will be removed from the list of 25 registered voters in that county. 26 Sec. 104. Section 48A.30, subsection 1, paragraph g, Code 27 2019, is amended to read as follows: 28 g. The registered voter’s registration record has been 29 inactive pursuant to section 48A.28 or 48A.29 for two 30 successive consecutive general elections after notice was sent . 31 Sec. 105. Section 48A.37, subsection 2, Code 2019, is 32 amended to read as follows: 33 2. Electronic records shall include a status code 34 designating whether the records are active, inactive, 35 -43- HF692.1542 (2) 88 ss/jh 43/ 59
incomplete, pending, or canceled. Inactive records are records 1 of registered voters to whom notices have been sent pursuant 2 to section 48A.28, subsection 3, and who have not returned 3 the card or otherwise responded to the notice, and those 4 records have been designated inactive pursuant to section 5 48A.29 . Inactive records are also records of registered 6 voters to whom notices have been sent pursuant to section 7 48A.26A and who have not responded to the notice. Incomplete 8 records are records missing required information pursuant to 9 section 48A.11, subsection 8 . Pending records are records of 10 applicants whose applications have not been verified pursuant 11 to section 48A.25A . Canceled records are records that have 12 been canceled pursuant to section 48A.30 . All other records 13 are active records. An inactive record shall be made active 14 when the registered voter requests an absentee ballot, votes 15 at an election, registers again, or reports a change of name, 16 address, telephone number, or political party or organization 17 affiliation. An incomplete record shall be made active when 18 a completed application is received from the applicant and 19 verified pursuant to section 48A.25A . A pending record shall 20 be made active upon verification or upon the voter providing 21 identification pursuant to section 48A.8 . 22 Sec. 106. NEW SECTION . 48A.39A Voter list maintenance 23 reports. 24 1. The commissioner of registration shall annually 25 submit to the state registrar of voters a report regarding 26 the number of voter registration records marked inactive or 27 canceled pursuant to sections 48A.28 through 48A.30. The state 28 registrar of voters shall publish such reports on the internet 29 site of the state registrar of voters. 30 2. The state registrar of voters shall determine by rule the 31 form and submission deadline of reports submitted pursuant to 32 subsection 1. 33 Sec. 107. Section 260C.14, Code 2019, is amended by adding 34 the following new subsection: 35 -44- HF692.1542 (2) 88 ss/jh 44/ 59
NEW SUBSECTION . 25. Require each graduating student to 1 complete a form created by the state registrar of voters 2 pursuant to section 47.7, subsection 3, prior to graduating. 3 The board shall direct the community college to promptly return 4 the completed forms to the state registrar of voters. 5 Sec. 108. Section 261.2, Code 2019, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 13. Require any postsecondary institution 8 whose students are eligible for or who receive financial 9 assistance under programs administered by the commission to 10 require each graduating student to complete a form created 11 by the state registrar of voters pursuant to section 47.7, 12 subsection 3, prior to graduating. The commission shall 13 require each such postsecondary institution to promptly return 14 the completed forms to the state registrar of voters. 15 Sec. 109. Section 262.9, Code 2019, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 39. Direct the institutions of higher 18 education under its control to require each graduating student 19 to complete a form created by the state registrar of voters 20 pursuant to section 47.7, subsection 3, prior to graduating. 21 The board shall direct each institution to promptly return the 22 completed forms to the state registrar of voters. 23 DIVISION XI 24 BALLOT ORDER 25 Sec. 110. Section 49.31, subsection 1, paragraph b, Code 26 2019, is amended to read as follows: 27 b. (1) The commissioner shall determine the order of 28 political parties and nonparty political organizations 29 candidates on the ballot as provided in this paragraph . The 30 sequence order shall be the same for each office on the ballot 31 and for each precinct in the county voting in the election. 32 (2) The state commissioner shall compile a list of each 33 county in the state in alphabetical order and assign a number 34 to each county such that the first county listed is number 35 -45- HF692.1542 (2) 88 ss/jh 45/ 59
one, the second county listed is number two, and continuing 1 in descending order in the same manner. The commissioner 2 shall put in alphabetical order the top two political parties 3 receiving the highest votes from the most recent election. 4 (3) The commissioner of each county assigned an even number 5 pursuant to subparagraph (2) shall arrange the ballot as 6 follows: 7 (a) The candidates of the first political party by 8 alphabetical order pursuant to subparagraph (2) shall appear 9 first on the ballot for the first general election at which the 10 president of the United States is to be elected following the 11 effective date of this Act and second on the ballot for the 12 first general election at which the governor will be elected 13 following the effective date of this Act and second on the 14 ballot for the second general election at which the president 15 of the United States is to be elected following the effective 16 date of this Act and first on the ballot for the second general 17 election at which the governor will be elected following the 18 effective date of this Act, and thereafter alternating with the 19 candidates of the second political party by alphabetical order 20 pursuant to subparagraph (2). 21 (b) The candidates of the second political party by 22 alphabetical order pursuant to subparagraph (2) shall appear 23 second on the ballot for the first general election at which 24 the president of the United States is to be elected following 25 the effective date of this Act and first on the ballot for 26 the first general election at which the governor will be 27 elected following the effective date of this Act and first 28 on the ballot for the second general election at which the 29 president of the United States is to be elected following the 30 effective date of this Act and second on the ballot for the 31 second general election at which the governor will be elected 32 following the effective date of this Act, and thereafter 33 alternating with the candidates of the first political party by 34 alphabetical order pursuant to subparagraph (2). 35 -46- HF692.1542 (2) 88 ss/jh 46/ 59
(4) The commissioner of each county assigned an odd number 1 pursuant to subparagraph (2) shall arrange the ballot as 2 follows: 3 (a) The candidates of the second political party by 4 alphabetical order pursuant to subparagraph (2) shall appear 5 first on the ballot for the first general election at which the 6 president of the United States is to be elected following the 7 effective date of this Act and second on the ballot for the 8 first general election at which the governor will be elected 9 following the effective date of this Act and second on the 10 ballot for the second general election at which the president 11 of the United States is to be elected following the effective 12 date of this Act and first on the ballot for the second general 13 election at which the governor will be elected following the 14 effective date of this Act, and thereafter alternating with the 15 candidates of the first political party by alphabetical order 16 pursuant to subparagraph (2). 17 (b) The candidates of the first political party by 18 alphabetical order pursuant to subparagraph (2) shall appear 19 second on the ballot for the first general election at which 20 the president of the United States is to be elected following 21 the effective date of this Act and first on the ballot for 22 the first general election at which the governor will be 23 elected following the effective date of this Act and first 24 on the ballot for the second general election at which the 25 president of the United States is to be elected following the 26 effective date of this Act and second on the ballot for the 27 second general election at which the governor will be elected 28 following the effective date of this Act, and thereafter 29 alternating with the candidates of the second political party 30 by alphabetical order pursuant to subparagraph (2). 31 (c) The commissioner shall determine the order of 32 candidates of nonparty political organizations on the ballot. 33 The order shall be the same for each office on the ballot and 34 for each precinct in the county voting in the election. 35 -47- HF692.1542 (2) 88 ss/jh 47/ 59
Sec. 111. Section 49.31, subsection 2, paragraph b, Code 1 2019, is amended to read as follows: 2 b. The Notwithstanding any provision of subsection 1, 3 paragraph “b” , to the contrary, the commissioner shall then 4 arrange the surnames of each political party’s candidates for 5 each office to which two or more persons are to be elected at 6 large alphabetically for the respective offices for the first 7 precinct on the list; thereafter, for each political party and 8 for each succeeding precinct, the names appearing first for 9 the respective offices in the last preceding precinct shall 10 be placed last, so that the names that were second before the 11 change shall be first after the change. The commissioner may 12 also rotate the names of candidates of a political party in the 13 reverse order of that provided in this subsection or alternate 14 the rotation so that the candidates of different parties shall 15 not be paired as they proceed through the rotation. The 16 procedure for arrangement of names on ballots provided in this 17 section shall likewise be substantially followed in elections 18 in political subdivisions of less than a county. 19 DIVISION XII 20 MUNICIPAL ELECTIONS 21 Sec. 112. Section 44.9, subsection 3, Code 2019, is amended 22 to read as follows: 23 3. In the office of the proper school board secretary, at 24 least thirty-five forty-two days before the day of a regularly 25 scheduled school election. 26 Sec. 113. Section 50.48, subsection 7, Code 2019, is amended 27 to read as follows: 28 7. If the election is an election held by a city which 29 is not the final election for the office in question a city 30 primary election held pursuant to section 376.7 , the recount 31 shall progress according to the times provided by this 32 subsection . If this subsection applies the canvass shall be 33 held by the second day after the election, the request for 34 a recount must be made by the third day after the election, 35 -48- HF692.1542 (2) 88 ss/jh 48/ 59
the board shall convene to conduct the recount by the sixth 1 day after the election, and the report shall be filed by the 2 eleventh eighth day after the election. 3 Sec. 114. Section 50.48, Code 2019, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 8. When a city council has chosen a runoff 6 election pursuant to section 376.9, the recount shall progress 7 according to the times provided by this subsection. If this 8 subsection applies, the canvass shall be conducted pursuant 9 to section 50.24. The request for a recount must be made 10 by the day after the canvass, and the board shall convene 11 for the first time not later than the first Friday following 12 the canvass. The report shall be filed not later than the 13 fourteenth day after the election. 14 Sec. 115. Section 260C.12, subsection 1, as amended by 15 2017 Iowa Acts, chapter 155, section 2, is amended to read as 16 follows: 17 1. The board of directors of the merged area shall organize 18 at the first regular meeting following the regular school 19 election or at a special meeting called by the secretary of the 20 board to organize the board in advance of the first regular 21 meeting following the regular school election after the canvass 22 for the regular school election . Organization of the board 23 shall be effected by the election of a president and other 24 officers from the board membership as board members determine. 25 The board of directors shall appoint a secretary and a 26 treasurer who shall each give bond as prescribed in section 27 291.2 and who shall each receive the salary determined by the 28 board. The secretary and treasurer shall perform duties under 29 chapter 291 and additional duties the board of directors deems 30 necessary. However, the board may appoint one person to serve 31 as the secretary and treasurer. If one person serves as the 32 secretary and treasurer, only one bond is necessary for that 33 person. The frequency of meetings other than organizational 34 meetings shall be as determined by the board of directors but 35 -49- HF692.1542 (2) 88 ss/jh 49/ 59
the president or a majority of the members may call a special 1 meeting at any time. 2 Sec. 116. Section 260C.15, subsection 5, as amended by 3 2017 Iowa Acts, chapter 155, section 4, is amended to read as 4 follows: 5 5. The votes cast in the election shall be canvassed and 6 abstracts of the votes cast shall be certified as required by 7 section 277.20 . In each county whose commissioner of elections 8 is responsible under section 47.2 for conducting elections 9 held for a merged area, the county board of supervisors shall 10 convene on the last Monday in November or at the last regular 11 board meeting in November, on the second Monday or Tuesday 12 after the day of the election to canvass the abstracts of votes 13 cast and declare the results of the voting. The commissioner 14 shall at once issue certificates of election to each person 15 declared elected, and shall certify to the merged area board in 16 substantially the manner prescribed by section 50.27 the result 17 of the voting on any public question submitted to the voters 18 of the merged area. Members elected to the board of directors 19 of a merged area shall qualify by taking the oath of office 20 prescribed in section 277.28 . 21 Sec. 117. Section 277.4, subsection 3, Code 2019, is amended 22 to read as follows: 23 3. The secretary of the school board shall accept the 24 petition for filing if on its face it appears to have the 25 requisite number of signatures and if it is timely filed. The 26 secretary of the school board shall note upon each petition 27 and affidavit accepted for filing the date and time that the 28 petition was filed. The secretary of the school board shall 29 deliver all nomination petitions, together with the complete 30 text of any public measure being submitted by the board to the 31 electorate, to the county commissioner of elections on the day 32 following the last day on which nomination petitions can be 33 filed, and not later than 5:00 p.m. 12:00 noon on that day. 34 Sec. 118. Section 279.1, subsection 1, Code 2019, is amended 35 -50- HF692.1542 (2) 88 ss/jh 50/ 59
to read as follows: 1 1. The board of directors of each school corporation shall 2 meet and organize at the first regular meeting or at a special 3 meeting called by the secretary of the board to organize the 4 board in advance of the first regular meeting after the canvass 5 for the regular school election at some suitable place to be 6 designated by the secretary. Notice of the place and hour of 7 the meeting shall be given by the secretary to each member and 8 member-elect of the board. 9 Sec. 119. Section 279.7, subsection 3, Code 2019, is amended 10 to read as follows: 11 3. In the case of a special election as provided in this 12 section to fill a vacancy occurring among the elective officers 13 or members of a school board before the expiration of a full 14 term, the person so elected shall qualify within ten days 15 thereafter from the final canvass of the election by the county 16 board in the manner required by section 277.28 and shall hold 17 office for the residue of the unexpired term and until a 18 successor is elected, or appointed, and qualified. 19 Sec. 120. Section 376.5, Code 2019, is amended to read as 20 follows: 21 376.5 Publication of ballot. 22 Notice containing a copy of the ballot for each regular, 23 special, primary, or runoff city election must be published by 24 the county commissioner of elections as provided in section 25 362.3 , except that notice of a regular, primary, or runoff 26 election may be published not less than four days before the 27 date of the election. The published ballot notice must contain 28 the names of all candidates, and may not contain any party 29 designations. The published ballot notice must contain any 30 question to be submitted to the voters. 31 Sec. 121. Section 376.7, Code 2019, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3. If the city holding a primary 34 election is located in more than one county, the controlling 35 -51- HF692.1542 (2) 88 ss/jh 51/ 59
commissioner for that city under section 47.2, subsection 1 2, shall conduct a second canvass on the first Monday or 2 Tuesday after the day of the election. However, if a recount 3 is requested pursuant to section 50.48, the controlling 4 commissioner shall conduct the second canvass within two 5 business days after the conclusion of the recount proceeding. 6 Each commissioner conducting a canvass for the city pursuant 7 to section 50.24, subsection 1, shall transmit abstracts for 8 the offices of that city to the controlling commissioner for 9 that city, along with individual tallies for each write-in 10 candidate. At the second canvass, the county board of 11 supervisors of the county of the controlling commissioner shall 12 canvass the abstracts received pursuant to this subsection and 13 shall prepare a combined city abstract stating the number of 14 votes cast in the city for each office. The combined city 15 abstract shall further indicate the name of each person who 16 received votes for each office on the ballot, and the number of 17 votes each person received for that office. The votes of all 18 write-in candidates who each received less than five percent 19 of the total votes cast in the city for an office shall be 20 reported collectively under the heading “scattering”. 21 Sec. 122. Section 376.9, subsection 1, Code 2019, is amended 22 to read as follows: 23 1. A runoff election may be held only for positions unfilled 24 because of failure of a sufficient number of candidates to 25 receive a majority vote in the regular city election. When a 26 council has chosen a runoff election in lieu of a primary, the 27 county board of supervisors shall publicly canvass the tally 28 lists of the vote cast in the regular city election, following 29 the procedures prescribed in section 50.24 , at a meeting to be 30 held on the second day following the regular city election, and 31 beginning no earlier than 1:00 p.m. on that day . Candidates 32 who do not receive a majority of the votes cast for an office, 33 but who receive the highest number of votes cast for that 34 office in the regular city election, to the extent of twice 35 -52- HF692.1542 (2) 88 ss/jh 52/ 59
the number of unfilled positions, are candidates in the runoff 1 election. 2 Sec. 123. 2017 Iowa Acts, chapter 155, section 45, is 3 amended to read as follows: 4 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 5 1. Notwithstanding the provisions of section 260C.11 6 designating a term of four years for members of a board of 7 directors of a merged area, the term of office for a seat on a 8 board of directors filled at the regular school election held 9 on: 10 a. September 8, 2015, shall expire November 5, 2019 upon 11 the board’s organizational meeting held pursuant to section 12 260C.12, subsection 1 . 13 b. September 12, 2017, shall expire November 2, 2021 upon 14 the board’s organizational meeting held pursuant to section 15 260C.12, subsection 1 . 16 2. Notwithstanding the provisions of section 273.8, 17 subsection 1 , designating a term of four years for members of 18 a board of directors of an area education agency, the term of 19 office for a seat on a board of directors filled by election 20 in: 21 a. September 2015 shall expire November 30, 2019. 22 b. September 2017 shall expire November 30, 2021. 23 3. Notwithstanding the provisions of section 274.7 24 designating a term of four years for members of a board of 25 directors of a school district, the term of office for a seat 26 on a board of directors filled at the regular school election 27 held on: 28 a. September 8, 2015, shall expire November 5, 2019 upon the 29 board’s organizational meeting held pursuant to section 279.1 . 30 b. September 12, 2017, shall expire November 2, 2021 upon 31 the board’s organizational meeting held pursuant to section 32 279.1 . 33 DIVISION XIII 34 ABSENTEE BALLOT COUNTING 35 -53- HF692.1542 (2) 88 ss/jh 53/ 59
Sec. 124. Section 49.128, subsection 3, Code 2019, is 1 amended to read as follows: 2 3. The commissioner shall file a copy of the a certification 3 or report under this section with the state commissioner. 4 Sec. 125. Section 49.128, Code 2019, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 6. The commissioner shall place on 7 file in the commissioner’s office a report, and shall file 8 a copy of the report with the state commissioner, regarding 9 absentee ballot tracking and counting no later than December 1 10 following each general election. The report shall be in a form 11 prescribed by the state commissioner. 12 Sec. 126. Section 53.17, subsection 1, paragraph b, Code 13 2019, is amended to read as follows: 14 b. The sealed return envelope may be mailed to the 15 commissioner by the registered voter or by the voter’s 16 designee. If mailed by the voter’s designee, the envelope 17 must be mailed within seventy-two hours of retrieving it from 18 the voter or within time to be postmarked or, if applicable, 19 to have the intelligent mail postal service barcode traced to 20 a date of entry into the federal mail system not later than 21 the day before the election, as provided in section 53.17A, 22 whichever is earlier. 23 Sec. 127. Section 53.17, subsection 2, Code 2019, is amended 24 to read as follows: 25 2. In order for the ballot to be counted, the return 26 envelope must be received in the commissioner’s office before 27 the polls close on election day or be clearly postmarked by an 28 officially authorized postal service or bear an intelligent 29 mail a postal service barcode traceable to a date of entry 30 into the federal mail system not later than the day before the 31 election , as provided in section 53.17A, and received by the 32 commissioner not later than noon on the Monday following the 33 election. 34 Sec. 128. Section 53.17, subsection 4, paragraph f, Code 35 -54- HF692.1542 (2) 88 ss/jh 54/ 59
2019, is amended to read as follows: 1 f. A statement that the completed absentee ballot will 2 be delivered to the commissioner’s office within seventy-two 3 hours of retrieving it from the voter or before the closing of 4 the polls on election day, whichever is earlier, or that the 5 completed absentee ballot will be mailed to the commissioner 6 within seventy-two hours of retrieving it from the voter or 7 within time to be postmarked or, if applicable, to have the 8 intelligent mail postal service barcode traced to a date of 9 entry into the federal mail system not later than the day 10 before the election, as provided in section 53.17A, whichever 11 is earlier. 12 Sec. 129. NEW SECTION . 53.17A Absentee ballot tracking. 13 1. For the purposes of this chapter: 14 a. “Postal service barcode” means a barcode purchased by the 15 sender and supplied by the United States postal service that is 16 used to sort and track letters and flat packages and is printed 17 on an absentee ballot return envelope at the direction of the 18 commissioner before the envelope is sent to the voter. 19 b. “Tracking information database” means a database 20 administered by the United States postal service that is 21 accessible to the commissioner and contains information 22 regarding letters or flat packages. 23 2. a. Prior to implementing for the first time, 24 discontinuing the usage of, or reimplementing the usage 25 of a postal service barcode and tracking information, the 26 commissioner shall send notice to the state commissioner prior 27 to October 1, 2020, for an election taking place in 2020 after 28 that date, and by October 1 of each year thereafter. 29 b. The commissioner shall not implement or discontinue 30 the use of a postal service barcode or tracking information 31 database during an election after an absentee ballot has been 32 mailed for that election pursuant to section 53.8. 33 c. The state commissioner shall adopt rules regarding 34 the statewide implementation of a postal service barcode and 35 -55- HF692.1542 (2) 88 ss/jh 55/ 59
tracking information database, including procedures to be 1 followed when usage of a postal service barcode or the tracking 2 information database is negatively impacted. Each commissioner 3 shall use a postal service barcode and tracking information 4 database consistent with rules of the state commissioner. 5 Every commissioner shall send notice to the state commissioner 6 and implement the use of a postal service barcode and tracking 7 information database prior to October 1, 2020. 8 3. a. An absentee ballot received after the polls close 9 on election day but prior to the official canvass shall be 10 counted if the commissioner determines that the ballot entered 11 the federal mail system by the deadline specified in section 12 53.17 or 53.22. The date of entry of such an absentee ballot 13 into the federal mail system shall only be verified as provided 14 in paragraph “b” . 15 b. (1) If the postmark indicates that the absentee ballot 16 entered the federal mail system by the deadline specified 17 in section 53.17 or 53.22, the ballot shall be included for 18 canvass by the absentee and special voters precinct board. 19 (2) If the postmark is illegible, missing, or dated on or 20 after election day, the commissioner shall attempt to verify 21 the ballot’s date of entry into the federal mail system by 22 querying the postal service barcode in the tracking information 23 database. If the tracking information database indicates that 24 the absentee ballot entered the federal mail system by the 25 deadline specified in section 53.17 or 53.22, the ballot shall 26 be included for canvass by the absentee and special voters 27 precinct board. The commissioner shall provide a report to 28 the absentee and special voters precinct board regarding the 29 information available in the tracking information database. 30 (3) If there is a discrepancy between the date indicated by 31 the postmark and the postal service barcode, the earlier of the 32 two shall determine the date of entry of the absentee ballot 33 into the federal mail system. 34 (4) (a) If neither the postmark nor the postal service 35 -56- HF692.1542 (2) 88 ss/jh 56/ 59
barcode indicates that the absentee ballot entered the federal 1 mail system by the deadline specified in section 53.17 or 2 53.22, the absentee ballot shall be sent to the absentee 3 and special voters precinct board pursuant to subparagraph 4 division (b) with the numeric value assigned to the postal 5 service barcode and a full report from the tracking information 6 database. 7 (b) Up to five absentee and special voters precinct board 8 members from each political party for partisan elections, 9 or any two members of the board for nonpartisan elections, 10 shall review the postal service barcode and tracking database 11 information report of each absentee ballot submitted pursuant 12 to subparagraph division (a) and certify that the tracking 13 information database report corresponds to the absentee ballot 14 by initialing the report and the absentee ballot envelope. 15 If the board concludes that the postal service barcode and 16 tracking information database report verify that the absentee 17 ballot entered the federal mail system by the deadline 18 specified in section 53.17 or 53.22, the ballot shall be 19 counted. Otherwise, the ballot shall not be counted. 20 Sec. 130. Section 53.22, subsection 6, paragraph b, Code 21 2019, is amended to read as follows: 22 b. Absentee ballots voted under this subsection shall be 23 delivered to the commissioner no later than the time the polls 24 are closed on election day. If the ballot is returned by mail 25 the return envelope must be received by the time the polls 26 close, or be clearly postmarked by an officially authorized 27 postal service or bear an intelligent mail a postal service 28 barcode traceable to a date of entry into the federal mail 29 system not later than the day before the election , as provided 30 in section 53.17A, and received by the commissioner no later 31 than the time established for the canvass by the board of 32 supervisors for that election. 33 DIVISION XIV 34 FUTURE CHANGES TO ABSENTEE BALLOT COUNTING 35 -57- HF692.1542 (2) 88 ss/jh 57/ 59
Sec. 131. Section 53.17, subsection 1, paragraph b, Code 1 2019, as amended by this Act, is amended by striking the 2 paragraph and inserting in lieu thereof the following: 3 b. The sealed return envelope may be mailed to the 4 commissioner by the registered voter or by the voter’s 5 designee. If mailed by the voter’s designee, the envelope must 6 be mailed within seventy-two hours of retrieving it from the 7 voter. 8 Sec. 132. Section 53.17, subsection 2, Code 2019, as 9 amended by this Act, is amended by striking the subsection and 10 inserting in lieu thereof the following: 11 2. In order for the ballot to be counted, the return 12 envelope must be received in the commissioner’s office before 13 the polls close on election day. 14 Sec. 133. Section 53.17, subsection 4, paragraph f, Code 15 2019, as amended by this Act, is amended by striking the 16 paragraph and inserting in lieu thereof the following: 17 f. A statement that the completed absentee ballot will 18 be delivered to the commissioner’s office within seventy-two 19 hours of retrieving it from the voter or before the closing of 20 the polls on election day, whichever is earlier, or that the 21 completed absentee ballot will be mailed to the commissioner 22 within seventy-two hours of retrieving it from the voter. 23 Sec. 134. Section 53.22, subsection 6, paragraph b, Code 24 2019, as amended by this Act, is amended by striking the 25 paragraph and inserting in lieu thereof the following: 26 b. Absentee ballots voted under this subsection shall be 27 delivered to the commissioner no later than the time the polls 28 are closed on election day. If the ballot is returned by mail 29 the return envelope must be received by the time the polls 30 close. 31 Sec. 135. REPEAL. Section 53.17A, as enacted by this Act, 32 is repealed. 33 Sec. 136. EFFECTIVE DATE. This division of this Act takes 34 effect May 1, 2023. > 35 -58- HF692.1542 (2) 88 ss/jh 58/ 59
2. Title page, by striking lines 1 and 2 and inserting 1 < An Act relating to the conduct of state and local elections, 2 providing penalties, and including effective date elections 3 provisions. > 4 ______________________________ COMMITTEE ON STATE GOVERNMENT ROBY SMITH, CHAIRPERSON -59- HF692.1542 (2) 88 ss/jh 59/ 59 #2.