House Amendment to Senate Amendment to House File 692 S-3231 Amend the Senate amendment, H-1244, to House File 692, as 1 passed by the House, as follows: 2 1. By striking page 1, line 4, through page 56, line 8, and 3 inserting: 4 << DIVISION I 5 HOSPITAL BOARD OF TRUSTEES ELECTIONS 6 Section 1. Section 347.9, subsection 1, Code 2019, is 7 amended to read as follows: 8 1. When it has been determined by the voters of a county 9 to establish a county public hospital, the board shall appoint 10 five or seven trustees chosen from among the resident citizens 11 of the county with reference to their fitness for office. 12 The appointed trustees shall hold office until the following 13 general election, at which time their successors shall be 14 elected, three for a term of four years and the remainder 15 for a term of two years, and they shall determine by lot 16 their respective terms, and thereafter their successors shall 17 be elected for regular terms of four years each , except as 18 provided in subsection 3 . 19 Sec. 2. Section 347.9, Code 2019, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 3. Trustees in a county with a population 22 of at least four hundred thousand shall serve for a term of six 23 years. A trustee elected to a term of four years in or after 24 January 2018 shall instead serve a term of six years. 25 Sec. 3. Section 347.10, Code 2019, is amended to read as 26 follows: 27 347.10 Vacancies. 28 Vacancies on the board of trustees may , until the next 29 general election, be filled by appointment by the remaining 30 members of the board of trustees or, if fewer than a 31 majority of the trustees remain on the board, by the board of 32 supervisors for the period until the vacancies are filled by 33 election. An appointment made under this section shall be for 34 the unexpired balance of the term of the preceding trustee. If 35 -1- H1244.2455 (1) 88 md 1/ 28 #1.
a board member is absent for four consecutive regular board 1 meetings, without prior excuse, or fails to comply with more 2 stringent attendance requirements for regular board meetings 3 included in the bylaws governing the board, the member’s 4 position shall be declared vacant and filled as set out in this 5 section . 6 Sec. 4. HOSPITAL BOARD OF TRUSTEES ELECTIONS. 7 Notwithstanding section 347.9, for elections held pursuant to 8 section 347.9 in 2022 in which more than seventy percent of 9 trustee positions on a board are on the ballot: 10 1. If there are seven trustees on the board: 11 a. If six trustees are to be elected, the four elected who 12 receive the highest number of votes are elected for four-year 13 terms. The remainder are elected for two-year terms. In case 14 of a tie, the county auditor shall determine by lot which of 15 the trustees with the lowest number of winning votes shall 16 serve two-year terms and thereafter their successors shall be 17 elected for regular terms as provided in section 347.9. 18 b. If five trustees are to be elected, the four elected who 19 receive the highest number of votes are elected for four-year 20 terms. The remaining trustee is elected for a two-year term. 21 In case of a tie, the county auditor shall determine by lot 22 which of the trustees with the lowest number of winning votes 23 shall serve the two-year term and thereafter their successors 24 shall be elected for regular terms as provided in section 25 347.9. 26 2. If there are five trustees on the board, if four trustees 27 are to be elected, the three elected who receive the highest 28 number of votes are elected for four-year terms. The remaining 29 trustee is elected for a two-year term. In case of a tie, the 30 county auditor shall determine by lot which of the trustees 31 with the lowest number of winning votes shall serve the 32 two-year term and thereafter their successors shall be elected 33 for regular terms as provided in section 347.9. 34 DIVISION II 35 -2- H1244.2455 (1) 88 md 2/ 28
TECHNICAL CHANGES 1 Sec. 5. Section 39.2, subsection 4, paragraphs a, b, and c, 2 Code 2019, are amended to read as follows: 3 a. For a county, on the day of the general election, on 4 the day of the regular city election, on the date of a special 5 election held to fill a vacancy in the same county, or on the 6 first Tuesday in March in an odd-numbered year , the first 7 Tuesday in May March , or the first second Tuesday in August 8 of each year September, or the first Tuesday after the first 9 Monday in November . For a county, in an even-numbered year, 10 the first Tuesday in March or the second Tuesday in September. 11 b. For a city, on the day of the general election, on the 12 day of the regular city election, on the date of a special 13 election held to fill a vacancy in the same city, or on the 14 first Tuesday in March in an odd-numbered year , the first 15 Tuesday in May March , or the first second Tuesday in August 16 of each year September, or the first Tuesday after the first 17 Monday in November . For a city, in an even-numbered year, the 18 first Tuesday in March or the second Tuesday in September. 19 c. For a school district or merged area, in the odd-numbered 20 year, the first Tuesday in February March , the first Tuesday in 21 April, the last second Tuesday in June September , or the second 22 first Tuesday after the first Monday in September November . 23 For a school district or merged area, in the even-numbered 24 year, the first Tuesday in February, the first Tuesday in 25 April March , or the second Tuesday in September , or the second 26 Tuesday in December . 27 Sec. 6. Section 39A.3, subsection 1, paragraph a, Code 2019, 28 is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (5) Falsely or fraudulently signs 30 nomination papers on behalf of another person. 31 Sec. 7. Section 39A.3, subsection 1, Code 2019, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter 34 registration information, including resale or redistribution 35 -3- H1244.2455 (1) 88 md 3/ 28
of the voter registration list without written permission of 1 the state registrar, for purposes other than those permitted 2 by section 48A.39. 3 Sec. 8. Section 39A.4, subsection 1, paragraph c, 4 subparagraph (5), Code 2019, is amended by striking the 5 subparagraph. 6 Sec. 9. Section 39A.6, Code 2019, is amended to read as 7 follows: 8 39A.6 Technical infractions —— notice. 9 1. If the state commissioner or county commissioner becomes 10 aware of an apparent technical violation of a provision of 11 chapters 39 through 53 , the state commissioner or county 12 commissioner may administratively provide a written notice 13 and letter of instruction to the responsible person regarding 14 proper compliance procedures. 15 2. If the state commissioner sends a notice of such a 16 technical infraction to a county commissioner, the state 17 commissioner may require a written explanation of the 18 occurrence, and measures that the person took to redress the 19 issues contained within the notice. 20 3. This notice is not a final determination of facts or law 21 in the matter, and does not entitle a person to a proceeding 22 under chapter 17A . 23 Sec. 10. Section 43.14, subsection 1, Code 2019, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . g. The printed name, signature, address, 26 and phone number of the person responsible for circulating the 27 petition page. 28 Sec. 11. Section 43.14, subsection 2, Code 2019, is amended 29 to read as follows: 30 2. a. Signatures on a petition page shall be counted only 31 if the information required in subsection 1 is written or 32 printed at the top of the page. 33 b. Nomination papers on behalf of candidates for seats in 34 the general assembly need only designate the number of the 35 -4- H1244.2455 (1) 88 md 4/ 28
senatorial or representative district, as appropriate, and 1 not the county or counties, in which the candidate and the 2 petitioners reside. 3 c. A signature line shall not be counted if the line 4 lacks the signature of the eligible elector and the signer’s 5 residential address , with street and number, if any, and city. 6 A signature line shall not be counted if an eligible elector 7 supplies only a partial address or a post office box address, 8 or if the signer’s address is obviously outside the boundaries 9 of the district. 10 d. A signature line shall not be counted if any of the 11 required information is crossed out or redacted at the time 12 the nomination papers are filed with the state commissioner or 13 commissioner. 14 Sec. 12. Section 43.14, subsection 4, Code 2019, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . f. Any other information required by section 17 43.18. 18 Sec. 13. Section 43.15, subsection 2, Code 2019, is amended 19 to read as follows: 20 2. Each signer shall add the signer’s residence residential 21 address , with street and number, if any, and the date of 22 signing. 23 Sec. 14. Section 43.22, unnumbered paragraph 1, Code 2019, 24 is amended to read as follows: 25 The state commissioner shall, at least sixty-nine days 26 before a primary election, or as soon as practicable if an 27 objection under section 43.24 is pending, furnish to the 28 commissioner of each county a certificate under the state 29 commissioner’s hand and seal, which certificate shall show: 30 Sec. 15. Section 43.24, subsection 1, paragraph b, 31 subparagraphs (1) and (2), Code 2019, are amended to read as 32 follows: 33 (1) Those filed with the state commissioner, not less than 34 seventy-four days before the date of the election , or for 35 -5- H1244.2455 (1) 88 md 5/ 28
certificates of nomination filed under section 43.23, not less 1 than seventy days before the date of the election . 2 (2) Those filed with the commissioner, not less than 3 sixty-four days before the date of the election , or for 4 certificates of nomination filed under section 43.23, not less 5 than sixty-two days before the date of the election . 6 Sec. 16. Section 45.5, subsection 1, Code 2019, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. The printed name, signature, address, 9 and phone number of the person responsible for circulating the 10 petition page. 11 Sec. 17. Section 45.5, subsection 2, Code 2019, is amended 12 to read as follows: 13 2. a. Signatures on a petition page shall be counted only 14 if the information required in subsection 1 is written or 15 printed at the top of the page. 16 b. Nomination papers on behalf of candidates for seats in 17 the general assembly need only designate the number of the 18 senatorial or representative district, as appropriate, and 19 not the county or counties, in which the candidate and the 20 petitioners reside. 21 c. A signature line in a nomination petition shall not be 22 counted if the line lacks the signature of the eligible elector 23 and the signer’s residential address , with street and number, 24 if any, and city. A signature line shall not be counted if 25 an eligible elector supplies only a partial address or a post 26 office box address, or if the signer’s address is obviously 27 outside the boundaries of the appropriate ward, city, school 28 district or school district director district, legislative 29 district, or other district. 30 d. A signature line shall not be counted if any of the 31 required information is crossed out or redacted at the time 32 the nomination papers are filed with the state commissioner or 33 commissioner. 34 Sec. 18. Section 45.6, subsection 2, Code 2019, is amended 35 -6- H1244.2455 (1) 88 md 6/ 28
to read as follows: 1 2. Each signer shall add the signer’s residence residential 2 address , with street and number , if any, and city . 3 Sec. 19. Section 47.1, subsection 6, Code 2019, is amended 4 to read as follows: 5 6. The state commissioner may, at the state commissioner’s 6 discretion, examine the records of a commissioner to evaluate 7 complaints and to ensure compliance with the provisions 8 of chapters 39 through 53 . This examination shall include 9 assessments conducted or authorized by private or government 10 entities to evaluate a county’s security readiness for 11 elections-related technology or physical facilities. The state 12 commissioner shall adopt rules pursuant to chapter 17A to 13 require a commissioner to provide written explanations related 14 to examinations conducted pursuant to this subsection . Any 15 information that is requested by or in the possession of the 16 state commissioner pursuant to this chapter shall not lose its 17 confidential status pursuant to section 22.7, subsection 50. 18 Sec. 20. Section 47.1, Code 2019, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 7. The state commissioner may share 21 information a county provides to an appropriate government 22 agency to safeguard against cybersecurity or physical threats. 23 NEW SUBSECTION . 8. The state commissioner may adopt rules 24 pursuant to chapter 17A to create minimum security protocols 25 applicable to county commissioners of elections. If a county 26 fails to adhere to these protocols, the state commissioner may 27 limit access to the statewide voter registration system. 28 Sec. 21. Section 47.2, Code 2019, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 7. The county commissioner of elections 31 shall, to maintain election security, do all of the following: 32 a. When the county commissioner believes that a 33 cybersecurity incident or data breach has occurred, the county 34 commissioner shall immediately inform the state commissioner 35 -7- H1244.2455 (1) 88 md 7/ 28
of elections. 1 b. If the county commissioner has no reason to believe 2 that a cybersecurity incident or data breach has occurred, 3 the county commissioner shall certify that fact to the state 4 commissioner on an annual basis. 5 Sec. 22. Section 47.7, subsection 2, paragraph d, Code 2019, 6 is amended to read as follows: 7 d. The state registrar shall prescribe by rule the 8 procedures for access to the state voter registration file, 9 security requirements, and access protocols for adding, 10 changing, or deleting information from the state voter 11 registration file including all of the following: 12 (1) Access protocols for adding, changing, or deleting 13 information from the state voter registration file. 14 (2) Training requirements for all state voter registration 15 file users. 16 (3) Technology safeguards, including county information 17 technology network requirements, necessary to access the state 18 voter registration file. 19 (4) Breach incident response requirements and protocols on 20 all matters related to elections . 21 Sec. 23. Section 47.7, subsection 2, Code 2019, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . e. The state registrar may rescind access to 24 the statewide voter registration file from a user who is not in 25 compliance with the prescribed rules. 26 Sec. 24. Section 48A.9, subsection 4, Code 2019, is amended 27 to read as follows: 28 4. Registration forms submitted to voter registration 29 agencies, to motor vehicle driver’s license stations, and to 30 county treasurer’s offices participating in county issuance of 31 driver’s licenses under chapter 321M shall be considered on 32 time if they are received no later than 5:00 11:59 p.m. on the 33 day registration closes for that election. Offices or agencies 34 other than the county commissioner’s office are not required 35 -8- H1244.2455 (1) 88 md 8/ 28
to be open for voter registration purposes at times other than 1 their usual office hours. 2 Sec. 25. Section 48A.26, subsection 1, Code 2019, is amended 3 to read as follows: 4 1. a. Except as otherwise provided in paragraph 5 paragraphs “b” and “c” of this subsection , or section 48A.26A, 6 within seven working days of receipt of a voter registration 7 form or change of information in a voter registration record 8 the commissioner shall send an acknowledgment to the registrant 9 at the mailing address shown on the registration form. The 10 acknowledgment shall be sent by nonforwardable mail. 11 b. For a voter registration form or change of information 12 in a voter registration record submitted at a precinct caucus, 13 the commissioner shall send an acknowledgment within forty-five 14 days of receipt of the form or change of information. 15 c. For a voter registration form or change of information in 16 a voter registration record submitted within fourteen days of a 17 regularly scheduled election, the commissioner shall send an 18 acknowledgment within forty-eight hours of receipt of the form 19 or change of information. 20 Sec. 26. Section 49.11, Code 2019, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. Notice of changes made pursuant to 23 subsection 3 shall be reported to the state commissioner at 24 least twenty-five days before the next election in which the 25 temporary precinct will be active, or, for elections held 26 pursuant to section 69.14 while the general assembly is in 27 session or within forty-five days of the convening of a session 28 of the general assembly, at least ten days before election day. 29 Sec. 27. Section 49.31, subsection 1, paragraph a, Code 30 2019, is amended to read as follows: 31 a. All ballots shall be arranged with the names of 32 candidates for each office listed below the office title. 33 For partisan elections the name of the political party or 34 organization which nominated each candidate shall be listed 35 -9- H1244.2455 (1) 88 md 9/ 28
after or below each candidate’s name. The state commissioner 1 may prescribe, and a county commissioner may use, uniform 2 abbreviations for political parties and organizations. 3 Sec. 28. Section 49.57, subsection 2, Code 2019, is amended 4 to read as follows: 5 2. After the name of each candidate for a partisan office 6 the name of the candidate’s political party shall be printed 7 in at least six point type. The names of political parties 8 and nonparty political organizations may be abbreviated on 9 the remainder of the ballot if both the full name and the 10 abbreviation appear in the voter instruction area of the 11 ballot. 12 Sec. 29. Section 50.51, subsection 6, Code 2019, is amended 13 to read as follows: 14 6. The state commissioner shall adopt rules, pursuant 15 to chapter 17A , to implement this section , which may include 16 the establishment of pilot programs related to post-election 17 audits . 18 Sec. 30. NEW SECTION . 53.1A Rules. 19 The state commissioner shall adopt rules pursuant to chapter 20 17A for the implementation of this chapter. 21 Sec. 31. Section 53.8, subsection 1, paragraph a, 22 unnumbered paragraph 1, Code 2019, is amended to read as 23 follows: 24 Upon receipt of an application for an absentee ballot 25 and immediately after the absentee ballots are printed, 26 but not more than twenty-nine days before the election, the 27 commissioner shall mail an absentee ballot to the applicant 28 within twenty-four hours, except as otherwise provided in 29 subsection 3 . When the United States post office is closed 30 in observance of a federal holiday and is not delivering mail 31 on the twenty-ninth day before the election, the first day to 32 mail absentee ballots is the next business day on which mail 33 delivery is available. The absentee ballot shall be sent to 34 the registered voter by one of the following methods: 35 -10- H1244.2455 (1) 88 md 10/ 28
Sec. 32. 2017 Iowa Acts, chapter 155, section 13, is amended 1 by striking the section. 2 Sec. 33. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 DIVISION III 5 CONDUCT OF ELECTIONS 6 Sec. 34. Section 43.30, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. The commissioner shall make sample ballots available to 9 the public upon request. The sample ballots shall be clearly 10 marked as sample ballots. A reasonable fee may be charged for 11 printing costs if a person requests multiple copies of sample 12 ballots. The commissioner shall not distribute sample ballots 13 except as provided in this subsection. 14 Sec. 35. Section 43.36, Code 2019, is amended to read as 15 follows: 16 43.36 Australian ballot. 17 The Australian ballot system as now used in this state, 18 except as herein modified, shall be used at said primary 19 election. The endorsement of the precinct election officials 20 and the facsimile of the commissioner’s signature county 21 seal shall appear upon the ballots as provided for general 22 elections. 23 Sec. 36. Section 43.91, Code 2019, is amended to read as 24 follows: 25 43.91 Voter at caucus must be precinct resident —— 26 qualifications . 27 Any person voting at a precinct caucus must be a person who 28 is or will by the date of the next general election become 29 an eligible elector , who has not already participated in the 30 caucus of any political party within the same year, and who is 31 a resident of the precinct. A list of the names and addresses 32 of each person to whom a ballot was delivered or who was 33 allowed to vote in each precinct caucus shall be prepared by 34 the caucus chairperson and secretary who shall certify such 35 -11- H1244.2455 (1) 88 md 11/ 28
list to the commissioner at the same time as the names of 1 those elected as delegates and party committee members are so 2 certified. 3 Sec. 37. Section 44.4, subsection 1, Code 2019, is amended 4 to read as follows: 5 1. a. Nominations made pursuant to this chapter and 6 chapter 45 which are required to be filed in the office of the 7 state commissioner shall be filed in that office not more than 8 ninety-nine days nor later than 5:00 p.m. on the seventy-third 9 eighty-first day before the date of the general election to be 10 held in November first Tuesday after the first Monday in June 11 in each even-numbered year . Nominations made for a special 12 election called pursuant to section 69.14 shall be filed by 13 5:00 p.m. not less than twenty-five days before the date of 14 an election called upon at least forty days’ notice and not 15 less than fourteen days before the date of an election called 16 upon at least eighteen days’ notice. Nominations made for 17 a special election called pursuant to section 69.14A shall 18 be filed by 5:00 p.m. not less than twenty-five days before 19 the date of the election. Nominations made pursuant to this 20 chapter and chapter 45 which are required to be filed in the 21 office of the commissioner shall be filed in that office not 22 more than ninety-two days nor later than 5:00 p.m. on the 23 sixty-ninth seventy-fourth day before the date of the general 24 election first Tuesday after the first Monday in June in each 25 even-numbered year . Nominations made pursuant to this chapter 26 or chapter 45 for city office shall be filed not more than 27 seventy-two days nor later than 5:00 p.m. on the forty-seventh 28 day before the city election with the county commissioner 29 of elections responsible under section 47.2 for conducting 30 elections held for the city, who shall process them as provided 31 by law. 32 b. Notwithstanding paragraph “a” , nominations for president 33 and vice president of the United States shall be filed in the 34 office of the state commissioner not more than ninety-nine days 35 -12- H1244.2455 (1) 88 md 12/ 28
nor later than 5:00 p.m. on the eighty-first day before the 1 date of the general election to be held in November. 2 Sec. 38. Section 47.2, subsection 2, Code 2019, is amended 3 to read as follows: 4 2. a. When an election is to be held as required by law 5 or is called by a political subdivision of the state and the 6 political subdivision is located in more than one county, the 7 county commissioner of elections of the county having the 8 greatest taxable base within the political subdivision shall 9 conduct that election. The county commissioners of elections 10 of the other counties in which the political subdivision 11 is located shall cooperate with the county commissioner of 12 elections who is conducting the election. 13 b. Notwithstanding paragraph “a” , for a city primary 14 election, city runoff election or a special election for 15 a city, school district, or merged area, if a political 16 subdivision is located in more than one county, the county 17 commissioner of elections of a county not having the greatest 18 taxable base within the political subdivision may designate 19 that the controlling commissioner of the political subdivision 20 shall conduct that election if fewer than one hundred and 21 twenty-five registered voters of the political subdivision 22 are located within such county commissioner’s county. If the 23 controlling commissioner is so designated, section 50.24, 24 subsections 3A and 3B, as enacted by 2017 Iowa Acts, ch. 155, 25 828, shall not apply. For the purposes of this paragraph, the 26 number of registered voters shall be the number of registered 27 voters in the political subdivision of a county not having the 28 greatest taxable base on May 1 immediately preceding the first 29 day of the filing period for candidates for the election. If 30 May 1 falls on a day when the county commissioner’s office is 31 closed for business, the county commissioner shall use the 32 number of registered voters on the next day that the county 33 commissioner’s office is open for business to determine the 34 number of registered voters. 35 -13- H1244.2455 (1) 88 md 13/ 28
Sec. 39. Section 47.2, Code 2019, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 7. The county commissioner shall not 3 participate in an absentee ballot drive or collection effort in 4 cooperation with a candidate, candidate’s committee, political 5 party, or nonparty political organization. However, when a 6 county commissioner is a candidate for election, such a county 7 commissioner may participate in an absentee ballot drive or 8 collection effort, but shall not aid any other candidate, 9 candidate’s committee, political party, or nonparty political 10 organization. 11 Sec. 40. Section 49.21, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4. The commissioner shall remove or obscure 14 from the view of voters any published material displaying the 15 name of a candidate or elected official other than a ballot or 16 sample ballot or envelope. 17 Sec. 41. NEW SECTION . 49.49 Certain sample ballots 18 prohibited. 19 The commissioner and state commissioner of elections shall 20 not distribute or authorize the distribution of sample ballots 21 to voters other than as provided in sections 49.53 and 52.29. 22 Sec. 42. Section 49.51, Code 2019, is amended to read as 23 follows: 24 49.51 Commissioner to control printing. 25 The commissioner shall have charge of the printing of the 26 ballots to be used for any election held in the county, unless 27 the commissioner delegates that authority as permitted by this 28 section . The commissioner may delegate this authority only 29 to another commissioner who is responsible under section 47.2 30 for conducting the elections held for a political subdivision 31 which lies in more than one county, and only with respect to 32 printing of ballots containing only public questions or the 33 names of candidates to be voted upon by the registered voters 34 of that political subdivision. Only one facsimile signature 35 -14- H1244.2455 (1) 88 md 14/ 28
county seal , that of the county of the commissioner under 1 whose direction the ballot is printed, shall appear on the 2 ballot. It is the duty of the commissioner to insure that the 3 arrangement of any ballots printed under the commissioner’s 4 direction conforms to all applicable requirements of this 5 chapter . 6 Sec. 43. Section 49.57, subsection 6, Code 2019, is amended 7 to read as follows: 8 6. A portion of the ballot shall include the words “Official 9 ballot”, the unique identification number or name assigned by 10 the commissioner to the ballot style, the date of the election, 11 and a facsimile of the signature the county seal of the county 12 of the commissioner who has caused the ballot to be printed 13 pursuant to section 49.51 . 14 Sec. 44. Section 49.82, Code 2019, is amended to read as 15 follows: 16 49.82 Voter to receive one ballot —— endorsement. 17 When an empty voting booth is available, one of the precinct 18 election officials shall endorse the official’s initials on 19 each ballot the voter will receive. The initials shall be 20 placed so that they may be seen when the ballot is properly 21 folded or enclosed in a secrecy folder. The name or signature 22 of the commissioner shall not appear on the ballot except as 23 part of the list of candidates when the commissioner is a 24 candidate for election. The official shall give the voter one 25 and only one of each of the ballots to be voted at that election 26 in that precinct, except as provided by section 49.100 . No 27 ballot without the required official endorsement shall be 28 placed in the ballot box. 29 Sec. 45. Section 53.11, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 6. The commissioner shall remove or obscure 32 from the view of voters any published material displaying the 33 name of a candidate or elected official other than a ballot or 34 sample ballot or envelope. 35 -15- H1244.2455 (1) 88 md 15/ 28
DIVISION IV 1 CONFLICTS OF INTEREST 2 Sec. 46. 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. 47. EFFECTIVE DATE. This division of this Act takes 12 effect January 1, 2023. 13 DIVISION V 14 BALLOT ORDER 15 Sec. 48. Section 49.31, subsection 1, paragraph b, Code 16 2019, is amended to read as follows: 17 b. (1) The commissioner shall determine the order of 18 political parties and nonparty political organizations 19 candidates on the ballot as provided in this paragraph . The 20 sequence order shall be the same for each office on the ballot 21 and for each precinct in the county voting in the election. 22 (2) The state commissioner shall compile a list of each 23 county in the state in alphabetical order and assign a number 24 to each county such that the first county listed is number 25 one, the second county listed is number two, and continuing 26 in descending order in the same manner. The commissioner 27 shall put in alphabetical order the top two political parties 28 receiving the highest votes from the most recent election. 29 (3) The commissioner of each county assigned an even number 30 pursuant to subparagraph (2) shall arrange the ballot as 31 follows: 32 (a) The candidates of the first political party by 33 alphabetical order pursuant to subparagraph (2) shall appear 34 first on the ballot for the first general election at which the 35 -16- H1244.2455 (1) 88 md 16/ 28
president of the United States is to be elected following the 1 effective date of this Act and second on the ballot for the 2 first general election at which the governor will be elected 3 following the effective date of this Act and second on the 4 ballot for the second general election at which the president 5 of the United States is to be elected following the effective 6 date of this Act and first on the ballot for the second general 7 election at which the governor will be elected following the 8 effective date of this Act, and thereafter alternating with the 9 candidates of the second political party by alphabetical order 10 pursuant to subparagraph (2). 11 (b) The candidates of the second political party by 12 alphabetical order pursuant to subparagraph (2) shall appear 13 second on the ballot for the first general election at which 14 the president of the United States is to be elected following 15 the effective date of this Act and first on the ballot for 16 the first general election at which the governor will be 17 elected following the effective date of this Act and first 18 on the ballot for the second general election at which the 19 president of the United States is to be elected following the 20 effective date of this Act and second on the ballot for the 21 second general election at which the governor will be elected 22 following the effective date of this Act, and thereafter 23 alternating with the candidates of the first political party by 24 alphabetical order pursuant to subparagraph (2). 25 (4) The commissioner of each county assigned an odd number 26 pursuant to subparagraph (2) shall arrange the ballot as 27 follows: 28 (a) The candidates of the second political party by 29 alphabetical order pursuant to subparagraph (2) shall appear 30 first on the ballot for the first general election at which the 31 president of the United States is to be elected following the 32 effective date of this Act and second on the ballot for the 33 first general election at which the governor will be elected 34 following the effective date of this Act and second on the 35 -17- H1244.2455 (1) 88 md 17/ 28
ballot for the second general election at which the president 1 of the United States is to be elected following the effective 2 date of this Act and first on the ballot for the second general 3 election at which the governor will be elected following the 4 effective date of this Act, and thereafter alternating with the 5 candidates of the first political party by alphabetical order 6 pursuant to subparagraph (2). 7 (b) The candidates of the first political party by 8 alphabetical order pursuant to subparagraph (2) shall appear 9 second on the ballot for the first general election at which 10 the president of the United States is to be elected following 11 the effective date of this Act and first on the ballot for 12 the first general election at which the governor will be 13 elected following the effective date of this Act and first 14 on the ballot for the second general election at which the 15 president of the United States is to be elected following the 16 effective date of this Act and second on the ballot for the 17 second general election at which the governor will be elected 18 following the effective date of this Act, and thereafter 19 alternating with the candidates of the second political party 20 by alphabetical order pursuant to subparagraph (2). 21 (c) The commissioner shall determine the order of 22 candidates of nonparty political organizations on the ballot. 23 The order shall be the same for each office on the ballot and 24 for each precinct in the county voting in the election. 25 Sec. 49. Section 49.31, subsection 2, paragraph b, Code 26 2019, is amended to read as follows: 27 b. The Notwithstanding any provision of subsection 1, 28 paragraph “b” , to the contrary, the commissioner shall then 29 arrange the surnames of each political party’s candidates for 30 each office to which two or more persons are to be elected at 31 large alphabetically for the respective offices for the first 32 precinct on the list; thereafter, for each political party and 33 for each succeeding precinct, the names appearing first for 34 the respective offices in the last preceding precinct shall 35 -18- H1244.2455 (1) 88 md 18/ 28
be placed last, so that the names that were second before the 1 change shall be first after the change. The commissioner may 2 also rotate the names of candidates of a political party in the 3 reverse order of that provided in this subsection or alternate 4 the rotation so that the candidates of different parties shall 5 not be paired as they proceed through the rotation. The 6 procedure for arrangement of names on ballots provided in this 7 section shall likewise be substantially followed in elections 8 in political subdivisions of less than a county. 9 DIVISION VI 10 MUNICIPAL ELECTIONS 11 Sec. 50. Section 44.9, subsection 3, Code 2019, is amended 12 to read as follows: 13 3. In the office of the proper school board secretary, at 14 least thirty-five forty-two days before the day of a regularly 15 scheduled school election. 16 Sec. 51. Section 50.48, subsection 7, Code 2019, is amended 17 to read as follows: 18 7. If the election is an election held by a city which 19 is not the final election for the office in question a city 20 primary election held pursuant to section 376.7 , the recount 21 shall progress according to the times provided by this 22 subsection . If this subsection applies the canvass shall be 23 held by the second day after the election, the request for 24 a recount must be made by the third day after the election, 25 the board shall convene to conduct the recount by the sixth 26 day after the election, and the report shall be filed by the 27 eleventh eighth day after the election. 28 Sec. 52. Section 50.48, Code 2019, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 8. When a city council has chosen a runoff 31 election pursuant to section 376.9, the recount shall progress 32 according to the times provided by this subsection. If this 33 subsection applies, the canvass shall be conducted pursuant 34 to section 50.24. The request for a recount must be made 35 -19- H1244.2455 (1) 88 md 19/ 28
by the day after the canvass, and the board shall convene 1 for the first time not later than the first Friday following 2 the canvass. The report shall be filed not later than the 3 fourteenth day after the election. 4 Sec. 53. Section 260C.12, subsection 1, as amended by 5 2017 Iowa Acts, chapter 155, section 2, is amended to read as 6 follows: 7 1. The board of directors of the merged area shall organize 8 at the first regular meeting following the regular school 9 election or at a special meeting called by the secretary of the 10 board to organize the board in advance of the first regular 11 meeting following the regular school election after the canvass 12 for the regular school election . Organization of the board 13 shall be effected by the election of a president and other 14 officers from the board membership as board members determine. 15 The board of directors shall appoint a secretary and a 16 treasurer who shall each give bond as prescribed in section 17 291.2 and who shall each receive the salary determined by the 18 board. The secretary and treasurer shall perform duties under 19 chapter 291 and additional duties the board of directors deems 20 necessary. However, the board may appoint one person to serve 21 as the secretary and treasurer. If one person serves as the 22 secretary and treasurer, only one bond is necessary for that 23 person. The frequency of meetings other than organizational 24 meetings shall be as determined by the board of directors but 25 the president or a majority of the members may call a special 26 meeting at any time. 27 Sec. 54. Section 260C.15, subsection 5, as amended by 28 2017 Iowa Acts, chapter 155, section 4, is amended to read as 29 follows: 30 5. The votes cast in the election shall be canvassed and 31 abstracts of the votes cast shall be certified as required by 32 section 277.20 . In each county whose commissioner of elections 33 is responsible under section 47.2 for conducting elections 34 held for a merged area, the county board of supervisors shall 35 -20- H1244.2455 (1) 88 md 20/ 28
convene on the last Monday in November or at the last regular 1 board meeting in November, on the second Monday or Tuesday 2 after the day of the election to canvass the abstracts of votes 3 cast and declare the results of the voting. The commissioner 4 shall at once issue certificates of election to each person 5 declared elected, and shall certify to the merged area board in 6 substantially the manner prescribed by section 50.27 the result 7 of the voting on any public question submitted to the voters 8 of the merged area. Members elected to the board of directors 9 of a merged area shall qualify by taking the oath of office 10 prescribed in section 277.28 . 11 Sec. 55. Section 277.4, subsection 3, Code 2019, is amended 12 to read as follows: 13 3. The secretary of the school board shall accept the 14 petition for filing if on its face it appears to have the 15 requisite number of signatures and if it is timely filed. The 16 secretary of the school board shall note upon each petition 17 and affidavit accepted for filing the date and time that the 18 petition was filed. The secretary of the school board shall 19 deliver all nomination petitions, together with the complete 20 text of any public measure being submitted by the board to the 21 electorate, to the county commissioner of elections on the day 22 following the last day on which nomination petitions can be 23 filed, and not later than 5:00 p.m. 12:00 noon on that day. 24 Sec. 56. Section 279.1, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. The board of directors of each school corporation shall 27 meet and organize at the first regular meeting or at a special 28 meeting called by the secretary of the board to organize the 29 board in advance of the first regular meeting after the canvass 30 for the regular school election at some suitable place to be 31 designated by the secretary. Notice of the place and hour of 32 the meeting shall be given by the secretary to each member and 33 member-elect of the board. 34 Sec. 57. Section 279.7, subsection 3, Code 2019, is amended 35 -21- H1244.2455 (1) 88 md 21/ 28
to read as follows: 1 3. In the case of a special election as provided in this 2 section to fill a vacancy occurring among the elective officers 3 or members of a school board before the expiration of a full 4 term, the person so elected shall qualify within ten days 5 thereafter from the final canvass of the election by the county 6 board in the manner required by section 277.28 and shall hold 7 office for the residue of the unexpired term and until a 8 successor is elected, or appointed, and qualified. 9 Sec. 58. Section 376.5, Code 2019, is amended to read as 10 follows: 11 376.5 Publication of ballot. 12 Notice containing a copy of the ballot for each regular, 13 special, primary, or runoff city election must be published by 14 the county commissioner of elections as provided in section 15 362.3 , except that notice of a regular, primary, or runoff 16 election may be published not less than four days before the 17 date of the election. The published ballot notice must contain 18 the names of all candidates, and may not contain any party 19 designations. The published ballot notice must contain any 20 question to be submitted to the voters. 21 Sec. 59. Section 376.7, Code 2019, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3. If the city holding a primary 24 election is located in more than one county, the controlling 25 commissioner for that city under section 47.2, subsection 26 2, shall conduct a second canvass on the first Monday or 27 Tuesday after the day of the election. However, if a recount 28 is requested pursuant to section 50.48, the controlling 29 commissioner shall conduct the second canvass within two 30 business days after the conclusion of the recount proceeding. 31 Each commissioner conducting a canvass for the city pursuant 32 to section 50.24, subsection 1, shall transmit abstracts for 33 the offices of that city to the controlling commissioner for 34 that city, along with individual tallies for each write-in 35 -22- H1244.2455 (1) 88 md 22/ 28
candidate. At the second canvass, the county board of 1 supervisors of the county of the controlling commissioner shall 2 canvass the abstracts received pursuant to this subsection and 3 shall prepare a combined city abstract stating the number of 4 votes cast in the city for each office. The combined city 5 abstract shall further indicate the name of each person who 6 received votes for each office on the ballot, and the number of 7 votes each person received for that office. The votes of all 8 write-in candidates who each received less than five percent 9 of the total votes cast in the city for an office shall be 10 reported collectively under the heading “scattering”. 11 Sec. 60. Section 376.9, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. A runoff election may be held only for positions unfilled 14 because of failure of a sufficient number of candidates to 15 receive a majority vote in the regular city election. When a 16 council has chosen a runoff election in lieu of a primary, the 17 county board of supervisors shall publicly canvass the tally 18 lists of the vote cast in the regular city election, following 19 the procedures prescribed in section 50.24 , at a meeting to be 20 held on the second day following the regular city election, and 21 beginning no earlier than 1:00 p.m. on that day . Candidates 22 who do not receive a majority of the votes cast for an office, 23 but who receive the highest number of votes cast for that 24 office in the regular city election, to the extent of twice 25 the number of unfilled positions, are candidates in the runoff 26 election. 27 Sec. 61. 2017 Iowa Acts, chapter 155, section 45, is amended 28 to read as follows: 29 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 30 1. Notwithstanding the provisions of section 260C.11 31 designating a term of four years for members of a board of 32 directors of a merged area, the term of office for a seat on a 33 board of directors filled at the regular school election held 34 on: 35 -23- H1244.2455 (1) 88 md 23/ 28
a. September 8, 2015, shall expire November 5, 2019 upon 1 the board’s organizational meeting held pursuant to section 2 260C.12, subsection 1 . 3 b. September 12, 2017, shall expire November 2, 2021 upon 4 the board’s organizational meeting held pursuant to section 5 260C.12, subsection 1 . 6 2. Notwithstanding the provisions of section 273.8, 7 subsection 1 , designating a term of four years for members of 8 a board of directors of an area education agency, the term of 9 office for a seat on a board of directors filled by election 10 in: 11 a. September 2015 shall expire November 30, 2019. 12 b. September 2017 shall expire November 30, 2021. 13 3. Notwithstanding the provisions of section 274.7 14 designating a term of four years for members of a board of 15 directors of a school district, the term of office for a seat 16 on a board of directors filled at the regular school election 17 held on: 18 a. September 8, 2015, shall expire November 5, 2019 upon the 19 board’s organizational meeting held pursuant to section 279.1 . 20 b. September 12, 2017, shall expire November 2, 2021 upon 21 the board’s organizational meeting held pursuant to section 22 279.1 . 23 DIVISION VII 24 ABSENTEE BALLOT COUNTING 25 Sec. 62. Section 49.128, subsection 3, Code 2019, is amended 26 to read as follows: 27 3. The commissioner shall file a copy of the a certification 28 or report under this section with the state commissioner. 29 Sec. 63. Section 49.128, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 6. The commissioner shall place on 32 file in the commissioner’s office a report, and shall file 33 a copy of the report with the state commissioner, regarding 34 absentee ballot tracking and counting no later than December 1 35 -24- H1244.2455 (1) 88 md 24/ 28
following each general election. The report shall be in a form 1 prescribed by the state commissioner. 2 Sec. 64. Section 53.17, subsection 1, paragraph b, Code 3 2019, is amended to read as follows: 4 b. The sealed return envelope may be mailed to the 5 commissioner by the registered voter or by the voter’s 6 designee. If mailed by the voter’s designee, the envelope 7 must be mailed within seventy-two hours of retrieving it from 8 the voter or within time to be postmarked or, if applicable, 9 to have the intelligent mail postal service barcode traced to 10 a date of entry into the federal mail system not later than 11 the day before the election, as provided in section 53.17A, 12 whichever is earlier. 13 Sec. 65. Section 53.17, subsection 2, Code 2019, is amended 14 to read as follows: 15 2. In order for the ballot to be counted, the return 16 envelope must be received in the commissioner’s office before 17 the polls close on election day or be clearly postmarked by an 18 officially authorized postal service or bear an intelligent 19 mail a postal service barcode traceable to a date of entry 20 into the federal mail system not later than the day before the 21 election , as provided in section 53.17A, and received by the 22 commissioner not later than noon on the Monday following the 23 election. 24 Sec. 66. Section 53.17, subsection 4, paragraph f, Code 25 2019, is amended to read as follows: 26 f. A statement that the completed absentee ballot will 27 be delivered to the commissioner’s office within seventy-two 28 hours of retrieving it from the voter or before the closing of 29 the polls on election day, whichever is earlier, or that the 30 completed absentee ballot will be mailed to the commissioner 31 within seventy-two hours of retrieving it from the voter or 32 within time to be postmarked or, if applicable, to have the 33 intelligent mail postal service barcode traced to a date of 34 entry into the federal mail system not later than the day 35 -25- H1244.2455 (1) 88 md 25/ 28
before the election, as provided in section 53.17A, whichever 1 is earlier. 2 Sec. 67. NEW SECTION . 53.17A Absentee ballot tracking. 3 1. For the purposes of this chapter: 4 a. “Postal service barcode” means a barcode purchased by the 5 sender and supplied by the United States postal service that is 6 used to sort and track letters and flat packages and is printed 7 on an absentee ballot return envelope at the direction of the 8 commissioner before the envelope is sent to the voter. 9 b. “Tracking information database” means a database 10 administered by the United States postal service that is 11 accessible to the commissioner and contains information 12 regarding letters or flat packages. 13 2. a. Prior to implementing for the first time, 14 discontinuing the usage of, or reimplementing the usage 15 of a postal service barcode and tracking information, the 16 commissioner shall send notice to the state commissioner prior 17 to October 1, 2020, for an election taking place in 2020 after 18 that date, and by October 1 of each year thereafter. 19 b. The commissioner shall not implement or discontinue 20 the use of a postal service barcode or tracking information 21 database during an election after an absentee ballot has been 22 mailed for that election pursuant to section 53.8. 23 c. The state commissioner shall adopt rules regarding 24 the statewide implementation of a postal service barcode and 25 tracking information database, including procedures to be 26 followed when usage of a postal service barcode or the tracking 27 information database is negatively impacted. Each commissioner 28 shall use a postal service barcode and tracking information 29 database consistent with rules of the state commissioner. 30 Every commissioner shall send notice to the state commissioner 31 and implement the use of a postal service barcode and tracking 32 information database prior to October 1, 2020. 33 3. a. An absentee ballot received after the polls close 34 on election day but prior to the official canvass shall be 35 -26- H1244.2455 (1) 88 md 26/ 28
counted if the commissioner determines that the ballot entered 1 the federal mail system by the deadline specified in section 2 53.17 or 53.22. The date of entry of such an absentee ballot 3 into the federal mail system shall only be verified as provided 4 in paragraph “b” . 5 b. (1) If the postmark indicates that the absentee ballot 6 entered the federal mail system by the deadline specified 7 in section 53.17 or 53.22, the ballot shall be included for 8 canvass by the absentee and special voters precinct board. 9 (2) If the postmark is illegible, missing, or dated on or 10 after election day, the commissioner shall attempt to verify 11 the ballot’s date of entry into the federal mail system by 12 querying the postal service barcode in the tracking information 13 database. If the tracking information database indicates that 14 the absentee ballot entered the federal mail system by the 15 deadline specified in section 53.17 or 53.22, the ballot shall 16 be included for canvass by the absentee and special voters 17 precinct board. The commissioner shall provide a report to 18 the absentee and special voters precinct board regarding the 19 information available in the tracking information database. 20 (3) If there is a discrepancy between the date indicated by 21 the postmark and the postal service barcode, the earlier of the 22 two shall determine the date of entry of the absentee ballot 23 into the federal mail system. 24 (4) (a) If neither the postmark nor the postal service 25 barcode indicates that the absentee ballot entered the federal 26 mail system by the deadline specified in section 53.17 or 27 53.22, the absentee ballot shall be sent to the absentee 28 and special voters precinct board pursuant to subparagraph 29 division (b) with the numeric value assigned to the postal 30 service barcode and a full report from the tracking information 31 database. 32 (b) Up to five absentee and special voters precinct board 33 members from each political party for partisan elections, 34 or any two members of the board for nonpartisan elections, 35 -27- H1244.2455 (1) 88 md 27/ 28
shall review the postal service barcode and tracking database 1 information report of each absentee ballot submitted pursuant 2 to subparagraph division (a) and certify that the tracking 3 information database report corresponds to the absentee ballot 4 by initialing the report and the absentee ballot envelope. 5 If the board concludes that the postal service barcode and 6 tracking information database report verify that the absentee 7 ballot entered the federal mail system by the deadline 8 specified in section 53.17 or 53.22, the ballot shall be 9 counted. Otherwise, the ballot shall not be counted. 10 Sec. 68. Section 53.22, subsection 6, paragraph b, Code 11 2019, is amended to read as follows: 12 b. Absentee ballots voted under this subsection shall be 13 delivered to the commissioner no later than the time the polls 14 are closed on election day. If the ballot is returned by mail 15 the return envelope must be received by the time the polls 16 close, or be clearly postmarked by an officially authorized 17 postal service or bear an intelligent mail a postal service 18 barcode traceable to a date of entry into the federal mail 19 system not later than the day before the election , as provided 20 in section 53.17A, and received by the commissioner no later 21 than the time established for the canvass by the board of 22 supervisors for that election. >> 23 -28- H1244.2455 (1) 88 md 28/ 28